North Dakota public colleges must set faculty review and tenure rules

Covered colleges must adopt board-approved policies setting standards for each stage of tenure and procedures for annual and post-tenure reviews. These requirements cover North Dakota colleges under the State Board of Higher Education that offer tenure. The president or a designee evaluates all faculty annually and appoints committees to conduct post-tenure reviews using those evaluations. The final post-tenure review committee must include the faculty member’s administrative supervisor, at least one senior administrator, and tenured faculty comprising one-third to one-half of its members. Policies were due by July 1, 2026. The first post-tenure review must be completed within three years, but the law does not say when that period starts. Later reviews must occur at least every five years.

Each college’s policy must explain the consequences of an unsatisfactory post-tenure review, which may include removal from the position. This provision covers tenured faculty at North Dakota colleges under the State Board of Higher Education that offer tenure. Removal is a possible outcome, not a required result. Both the employing college and the State Board of Higher Education must make the removal decision.

Covered colleges must label advertised faculty jobs by tenure status and give candidates the tenure policy when offering a tenure-track job. This requirement covers faculty openings at North Dakota colleges under the State Board of Higher Education that offer tenure. Advertisements must identify positions as tenure-track or nontenure-track, meaning whether they offer a path toward tenure. The college must provide the policy when it offers a tenure-track position to a candidate.