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RESOLUTION ON NON-PERMANENT RESIDENT FACULTY

Approved by the Mānoa Faculty Senate on December 7, 2005
34 in support; 3 against

Supporting Documents

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Resolution on Non-Permanent Resident Faculty

WHEREAS  The University has been reluctant to award tenure to faculty without green card status; and

WHEREAS  Probationary periods may sometimes have to be extended because of USCIS delays beyond the seven-year limit, with contract renewals occurring annually for faculty who have amply demonstrated merit; and

WHEREAS  The present policy places the burden of complying with USCIS regulations entirely on the shoulders of new faculty, who may be unfamiliar with the law and the legal concepts involved; and

WHEREAS  It is in the University's best interest to have faculty members focusing their valuable time and energy on teaching, service and publication, and not on immigration issues; and

WHEREAS  Errors in the management of these responsibilities may produce bad outcomes for the UH and as well as these new hires,  and some have left UH and taken jobs at other Universities that manage these procedures better than we do.

BE IT THEREFORE RESOLVED

  1. That the UH Chancellor's office assume a measure of responsibility for securing proper employment status for immigrant faculty;
  2. That an office at the Chancellor's level be designated or created for that express purpose;
  3. That that office review, on an annual basis, all immigrant faculty lacking green cards;
  4. That that office prepare clear instructions for surmounting the bureaucratic hurdles that must be cleared by new immigrant faculty, ensure that such instructions are given to new faculty as part of their hiring package, and provide, as necessary, advice and assistance to immigrant faculty - including legal assistance if required;
  5. That all non-permanent resident faculty be required to commence the process for a green card as soon as possible, but in no case later than12 months, after commencing employment at UH;
  6. That non-permanent resident faculty not granted a green card within 24 months after commencing employment at UH, shall be counseled and assisted by the office referred to above;
  7. That non-permanent resident faculty be permitted and required to apply for tenure exactly as all faculty are, and be granted tenure solely on the basis of their academic qualfications;
  8. That any tenured faculty member who, because of a denial of appropriate immigration status, loses the right to work in the United States, shall be subject to termination of employment and tenure;
  9. That the UHPA contract and pertinent university policies be modified in keeping with these  measures.