Bylaws No. (1) of 2012

The American University of Madaba

Faculty Bylaws

Issued on the Basis of

the Higher Education Council Resolution No. (46) dated 29/1/2012

 

Article 1

These Bylaws shall be named “The American University of Madaba Faculty Bylaws of 2012”, and shall go into effect as of 29/1/2012.

Article 2

The following words and phrases shall have, wherever they appear in these bylaws, their specified meanings unless otherwise indicated in context:

University The American University of Madaba

Council University Council of Deans

President University President

Committee Appointment and Promotion Committee

Article 3 The Council forms from amongst its members a committee called “Appointment and Promotion Committee”, consisting of the President, as chair, and (6) members holding the rank of Professor, to deal with issues pertaining to faculty members in accordance with the stipulations of these Bylaws.

Article 4 University faculty members are appointed, promoted, tenured, granted sabbatical and unpaid leaves, delegated, seconded, transferred to a higher category within the same rank, their resignations accepted, and their services terminated by a decision issued by the Council upon a recommendation from the Committee and both faculty and department councils.3

 

Appointment and Tenure

Article 5 Faculty members to be appointed at the University shall have:

a) Obtained an academic degree or a professional certificate in their fields of study that qualifies them to teach at the University, provided that such a degree or certificate was preceded by the General Secondary School Certificate or its equivalent and the Bachelor’s degree;

b) Obtained the academic degrees referred to in (a) of this article through regular study requiring full attendance in recognized universities;

c) Competence to take up university tasks;

d) Physical fitness, as per a medical report issued by the medical authority accredited by the University; and

e) No previous conviction of misdemeanor or felony encroaching upon honor, dignity, and public rules of conduct.

Article 6

Instructors to be appointed at the University, except for those to be appointed in the Faculty of Arts and Design, shall have:

a) Obtained the Master’s degree or its equivalent from a recognized university in the field of study in which they are to be appointed; and

b) Worked after obtaining the Master’s degree for no less than three consecutive years in teaching at a recognized university or university institute and published at least one research article during that period.

Article 7

a) Assistant Professors to be appointed at the University shall have obtained the Ph.D. degree or its equivalent from a recognized university, or a valid professional or technical certificate in the field of study equivalent to the Ph.D. degree from a recognized academic or professional institution, and have at least one research article published or accepted for publication in an accredited journal after obtaining the Ph.D. degree.

b) Taking what is stipulated in paragraph (a) of this article into consideration, Assistant Professors to be appointed in the Faculty of Arts and Design or the Department of Architecture shall have produced, after obtaining the degree, at least one object d’art or work of architecture that meets the criteria to be met in the objects d’art or works of architecture accepted for the purpose of promotion.

Article 8

Associate Professors to be appointed at the University shall have:

a) Obtained the academic degree stipulated in Article (7) of these Bylaws;

b) Held the rank of “Assistant Professor” for at least (5) years at a recognized university or professional or technical institute at the university level; and

c) Published valuable research leading to the advancement of knowledge, provided that this research was carried out after obtaining the academic qualification stipulated in Article (7) of these Bylaws, meet the requirements and specifications required by the University 4

for promotion to the rank of ‘Associate Professor’, and be evaluated in accordance with the procedures followed by the University.

Article 9 Professors to be appointed at the University shall have:

a) Obtained the academic degree stipulated in Article (7) of these Bylaws;

b) Held the rank of “Associate Professor” for at least (5) years at a recognized university or scientific institute at the university level; and

c) Published, while holding the rank of ‘Associate Professor’, valuable research leading to the advancement of knowledge, provided that this research meet the requirements and specifications required by the University for promotion to the rank of Professor, and be evaluated in accordance with the procedures followed by the University.

Article 10 a) If a faculty member is appointed at the University in accordance with these Bylaws, the maximum probation period based on the academic rank at which they are appointed shall be as follows:

- Six years for the rank of ‘Instructor’.

- Eight years for the rank of ‘Assistant Professor’ or ‘Associate Professor’.

- Three years for the rank of ‘Professor’.

b) If a faculty member was appointed prior to the issuance of these Bylaws, the maximum period of their probation shall be calculated as of the date of issuance of these Bylaws, provided that their previous period prior to the issuance of these Bylaws is counted.

c) If a decision to grant tenure to the faculty member has not been issued during their probation period stipulated in paragraph (a) of this article, their service shall legally be considered terminated.

d) The Council may extend the probation period for any faculty member year by year for a period not exceeding (3) three years at most.

Article 11

a) In view of Article (10a) of these Bylaws, faculty members shall be considered for tenure status if they:

1- Are Jordanian;

2- Have been successful in teaching and university work;

3- Have been promoted to a higher rank at the University, unless they are instructors, in which case promotion is substituted for by transfer to category (A) of the rank of ‘Instructor’;

4- Have not received the penalty of ‘warning’; otherwise, their tenure is delayed for one year; and

5- Have not received the penalty of ‘ultimatum’; otherwise, their tenure is delayed for three years.

 b)

1. The President may, for reasons convincing to him, terminate the services of a faculty member during the probation period, provided that they are notified of this decision at 5 least three months prior to the end of their service. Such faculty members may not be reappointed at the University.

2. The President may, in cases he considers appropriate and justified, not abide by the temporal condition for notifying faculty members of the termination of their service stipulated in (b1) of this article.

c) Faculty members whose service at the University was not legally terminated may be reappointed, in which case they are placed on probation anew in accordance with these Bylaws.

Article 12 The probation period for faculty members shall be considered part of their actual service at the University.

Article 13 a) The annual increment for faculty members holding the rank of ‘Assistant Professor’ or higher shall be suspended by a decision issued by the Council if their published work acceptable for promotion has stopped for two years, unless they have been assuming an administrative position at the level of dean or higher during that period.

b) The faculty member’s service shall be legally terminated in any of the following cases:

1. If they are appointed at the rank of ‘Assistant Professor’ or ‘Associate Professor’ in accordance with the stipulations of these Bylaws but are not tenured within eight years of their appointment.

2. If they have been tenured but have not had a single article of research published or accepted for publication for the past five years, unless they have been assuming an administrative position during that period.

Transfer and Promotion

Article 14 Assistant and Associate Professors shall be transferred from one category to a higher one within the same rank when they have seniority in the category from which the transfer is requested for at least five years. Instructors, on the other hand, are required to have seniority in salary for at least six years after obtaining the academic qualification on the basis of which they have been appointed. In all cases, however, faculty members are required to have published research works during their actual service at the University, provided that they meet the conditions and specifications of research works required for promotion.

Article 15 a) Faculty members are promoted to the rank of ‘Associate Professor’ or ‘Professor’ if they:

1- Have had seniority in the rank from which they are to be promoted for at least five years, with at least three years of which at the University. This period may, however, be reduced to four years if the faculty member has accumulated twice the points needed for promotion.

2- Have been successful in teaching.

3- Have been successful in their relations with others in their university work.6

4- Have been active in community service and development.

5- Have, while occupying the rank from which to be promoted, had valuable research work in their field of specialization published, or accepted for publication, in accredited journals, provided that part of the research work has been published while they are at the University. Exceptional professional or artistic works undertaken while holding the rank may be considered as part of the scientific work accepted for promotion.

6- Have submitted scientific work that meets the minimum requirements for promotion established by the Council.

b) 1. Taking the promotion regulations into consideration, the Council takes a decision concerning promotion in view of the results arrived at in the referees’ reports.

2. Should there be a discrepancy in the referees’ reports and recommendations, the Council may take the decision that it deems appropriate concerning promotion.

Article 16 The Council may, on the basis of a recommendation submitted by the President, name a faculty member as ‘Honorary Professor’ if they have spent at least fifteen years in the service of the University while holding the rank of ‘Professor’, have contributed during their work at the University exceptional services leading to its growth and development, and if their services ended as a result of their becoming seventy years old or upon their own request. The honorary professor keeps all their academic rights, and benefits from all services offered by the University. The University, on the other hand, may benefit from their experience in teaching and supervision, among others, against a remuneration determined by the President.

Faculty Tasks

Article 17 Faculty members are entitled, in their academic work, to full freedom of thinking, expression, publication, and exchange of ideas, as long as these activities are in line with the effective laws and bylaws.

Article 18 a) The tasks of University faculty members include:

1- Teaching and evaluation.

2- Undertaking theoretical and applied research and studies.

3- Community service and development.

4- Supervising university dissertations, student research articles, reports, social and scientific activities, and providing proper directions to them.

5- Full attendance to their academic duties in serving the University.

6- Academic advising.

7- Participation in University councils and committees, and in those where the University is involved.7

8- Any other matters they are requested to participate in as part of their service to the University.

b) Faculty members are not allowed to accept any work outside the University before obtaining prior written approval from the President, upon a recommendation from the dean of the faculty and in accordance with special regulations issued for this purpose.

Article 19 a) The number of weekly working hours for faculty members shall be (40) hours, distributed among teaching, scientific research, community service and development, and the other university tasks. The faculty tasks shall be determined by the department chair and the faculty dean, and their performance is subsequently evaluated in view of their productivity.

b) Taking what is stated in paragraph (a) of this article into consideration, the maximum teaching load for faculty members shall be (9) nine credit hours for the Professor, (12) twelve credit hours for the Associate and Assistant Professors, and (15) fifteen credit hours for the Instructor.

c) The President may reduce the teaching load for the faculty member who assumes academic or administrative responsibilities in accordance with special regulations issued by him.

Vacations and Leaves

Article 20 a) The annual vacation for faculty members shall be as follows:

1- Eleven weeks for faculty members.

2- Eight weeks for faculty members assuming administrative responsibilities.

 

b) The annual leave stated in paragraph (a) of this article shall be distributed among semesters, and it may not be carried over to the following year.

c) Faculty members assigned a teaching load in the Summer Session shall be considered as full-time faculty members for the purposes of holding department and faculty council meetings.

d) The President may assign work to faculty members during their annual vacation.

Article 21 a) Tenured faculty members holding the rank of ‘Professor’ or ‘Associate Professor’ may be awarded a sabbatical leave for a whole year, undivided or divided into two semesters, for every six years spent in University service, provided they submit an outline of the scientific, professional, or artistic project(s) they would undertake during the leave. In their sabbatical leave, faculty members shall receive their salaries along with all allowances.

b) Faculty members who have been awarded sabbatical leaves may, upon the consent of the President, work during their sabbatical leaves in universities or scientific research centers, or related institutions, within and without Jordan.

c) Sabbatical leaves are considered as actual service for all purposes except counting them for the purpose of getting another sabbatical leave.8

d) The faculty member who has been awarded a sabbatical leave shall submit to the dean of their faculty, upon the end of that leave, the scientific or artistic work(s) they have completed during the leave to be evaluated by the Scientific Research Council in view of the principles laid out in the original outline mentioned in (a) of this article. The work(s) and the evaluation shall then be forwarded to the President for approval. Should they not be approved, all amounts of money paid by the University shall be recovered, and the sabbatical leave shall be considered taken without counting it for the purposes of promotion, end-of-service gratuity, saving, or for fulfilling the temporal requirements for getting an alternate assignment or another leave.

e) Resignation of a faculty member from work at the University while on a sabbatical leave or before the elapse of one year of actual work at the University after the end of the sabbatical leave shall not be accepted unless the whole amount of money paid to them is recovered. In this case, the sabbatical leave shall not count towards the end-of-service gratuity and saving.

Article 22 a) Tenured faculty members may, after spending at least five years of work at the University, be awarded a leave without pay for one semester or one year, subject to renewal, provided it does not exceed five consecutive years. They may not be awarded such a leave again, according to this article, unless twice the duration of the previous leave has elapsed.

b) A faculty member who is appointed as president of a Jordanian university is exempt from the temporal condition referred to in (a) of this article.

c) A faculty member who is appointed as a cabinet minister is exempt from the tenure and temporal conditions.

d) In special cases, however, the President may, at his discretion, grant a faculty member an exigent leave without pay for a period not exceeding two semesters.

e) Unpaid leaves granted to faculty members may not count as part of the actual service at the University for the purposes of receiving a sabbatical leave, promotion, end-of-service gratuity, and saving, but they count towards seniority in salary only if the leave is spent at a university or university-level scientific institute recognized by the University.

Article 23 The President may, upon consultation with the faculty dean and department chair, grant faculty members a leave not exceeding fifteen days to perform Hajj (Pilgrimage to Mecca), provided that this leave is granted only once throughout their work at the University.

Article 24 Sick and exigent leaves and the conditions under which they are granted shall be defined by regulations issued by the President.

Delegation, Alternate Assignment, and Missioning

Article 25 Faculty members may be delegated to perform the tasks of another job inside the University.9

Article 26 a) Tenured faculty members may be loaned to another university, government department or an international organization for one semester or more, provided that the duration of the loan in any case does not exceed three years. The same faculty member may not be loaned another time until the elapse of twice the duration of the previous loan.

b) Taking the provisions of paragraph (c) of this article into consideration, the period of the loan of a faculty member is considered part of their actual service at the University for the purposes of promotion, end-of-service gratuity, saving, and the sabbatical leave.

c) No salaries, allowances, expenses, or any other costs, whatever their type or reason, shall be carried by the University during the loan period, including the end-of-service gratuity, the University contribution in the savings fund and social security.

Article 27 a) Faculty members may be sent on scientific missions outside the University by a decision issued by the President upon a recommendation from the faculty council and department council. The period spent on the mission is considered part of their actual service at the University for the purposes of promotion, end-of-service gratuity, saving, and the sabbatical leave.

b) The President shall issue, upon consultation with the Council, the necessary regulations to organize matters related to missioning, including the financial matters.

Visiting Professors and Lecturers

Article 28 a) Faculty members may be employed on a contract basis or against a monthly stipend at the rank of Visiting Professor, Visiting Associate Professor, or Visiting Assistant Professor if they have:

1. Obtained the academic degree stipulated in Article (7) of these Bylaws.

2- Held the academic rank at a university recognized by the University and met the conditions of the rank at the University.

b) The services of the faculty members appointed in accordance with the provisions of paragraph (a) of this article shall not be considered for the purposes of promotion, end-of-service gratuity, saving, and housing.

Article 29 The President may, upon the recommendation of both the faculty and department councils, approve the appointment of full-time lecturers to work at the University in accordance with the conditions he deems necessary to be included in the contract.

Article 30 Full-time lecturers appointed at the University may be appointed as faculty members if they hold the Ph.D. degree or its equivalent, meet the conditions for appointment stipulated in Article (5), and have published at least two research articles while working at the University. Their services at the University as well as the research articles they have published while serving as full-time lecturers at the University may be considered for promotion.10

Article 31 a) The President may, upon the recommendation of the faculty dean in consultation with the department council, appoint part-time lecturers for teaching or training jobs at the University for a semester or more, in accordance with instructions issued by the President.

b) The President may invite people from outside the University to deliver lectures or to conduct research, teaching, or training at the University for a specified period of time, in accordance with instructions issued by him.

c) The President may give permission to people or local authorities to offer voluntary services to the University in accordance with regulations issued by him for this purpose.

Termination of Service

Article 32 a) The faculty member’s service at the University shall be terminated as of the date specified in the decision issued for this purpose, or the date of the occurrence of the event upon which the service is terminated, in each of the following cases:

1- Acceptance of resignation.

2- Completing 70 years of age, in which case the faculty member’s service is terminated as of the end of the academic year in which they become 70 years old.

3- End of service by law due to not getting tenured.

4- Job loss.

5- Termination of contract.

6- Dismissal from service.

7- Expulsion.

8- Losing one of the appointment conditions mentioned in these Bylaws.

9- Decease.

b) If the faculty member’s service ends due to decease, the University shall immediately pay their salary and allowances for the month in which they have died, in addition to their salary and allowances for the following month.

c) A faculty member whose service at the University ends due to their completing the age of 70 years may be reappointed on a contract basis as a full-time lecturer in accordance with regulations issued by the President for this purpose.

Article 33 a) A faculty member shall submit their resignation in writing to the dean of their faculty at least (3) months prior to the beginning of any academic semester. The President, however, may not abide by this temporal condition if there is a justification for that.

b) The faculty member shall be notified of the decision concerning their resignation within a period not exceeding (8) weeks of its submission date; otherwise, it shall be considered denied.

c) The faculty member who has submitted their resignation shall continue doing their work until it is accepted; otherwise, their job is considered lost.11

Article 34 Faculty members lose their jobs if they absent themselves from work without an excuse acceptable to the Council for more than three consecutive weeks, in which case they may not be reappointed at the University.

Violations and Disciplinary Measures

Article 35 Faculty members shall carry out their duties and tasks, abide by the effective laws, bylaws, regulations, and decisions, and refrain within this context from doing the following acts, which are subject to punishment:

a) Working outside the University without obtaining the written consent of the President.

b) Carrying out any deed contradicting their university duties and tasks.

c) Getting involved in any partisan, sectarian, or factional activities within the University.

d) Serving as members of councils of institutions and boards of directors of companies, unless they are delegated by the University or have received its consent.

e) Committing any act that may harm the reputation of the University or any of its employees.

Article 36 If a faculty member violates the effective laws, bylaws, regulations, and decisions, they shall be subject to any of the following disciplinary measures:

a) Forewarning: If this penalty is imposed on a faculty member twice in three consecutive years, it shall be raised in the third time to the penalty of ‘warning’.

b) Warning: If this penalty is imposed on a faculty member, their promotion shall be delayed for two years as of the Council’s decision date to promote them, and their annual salary increment shall be suspended for the same duration if they hold the rank of ‘Professor’. If this penalty is imposed twice in five consecutive years, it shall be raised in the third time to the penalty of ‘ultimatum’.

c) Ultimatum: If this penalty is imposed on a faculty member, their promotion shall be delayed for four years as of the Council’s decision date to promote them, and their annual salary increment shall be suspended for the same duration if they hold the rank of ‘Professor’. If they commit any violation thereafter, they shall be referred to the Disciplinary Council.

d) Dismissal from service, and receiving all their financial rights.

e) Dismissal from the University, along with depriving them from the University financial contribution to the savings fund. In this case, they may not be reappointed at the University.

Article 37 Taking the provisions of Article (35) of these Bylaws into consideration, the disciplinary penalties stated in Article (36) of these Bylaws shall be imposed by the following authorities:

a) The department chair may impose the penalty of ‘forewarning’.12

b) The faculty dean may impose the penalties of ‘forewarning’ and ‘warning’. Faculty members on whom the penalty of ‘warning’ has been imposed may submit an appeal to the President within seven days as of the date of notification.

c) The President may impose the penalties of ‘forewarning’, ‘warning’, and ‘ultimatum’.

d) The Disciplinary Council may impose any of the penalties stated in Article (36) of these Bylaws, in accordance with what it finds out to be suitable to the circumstances of the violation referred to it.

Article 38 a) No disciplinary penalty shall be imposed on a faculty member by anyone holding a lower academic rank, in which case the recommendation for imposing the penalty shall be referred to the holder of the higher academic rank having the right to impose it.

b) No disciplinary penalty shall be imposed, aggravated, or commutated before hearing the faculty member and allowing them to defend themselves in front of those authorized to look into the disciplinary procedures taken against them.

Article 39 a) The Disciplinary Council of First Instance shall formed by the Council from five University faculty members holding the rank of ‘Professor’, and on whom no penalty has been imposed, for a period of two years, subject to renewal. The Council shall appoint a chair to this Disciplinary Council from among its members. The Council may also exempt any of them from the membership of the Disciplinary Council or accept their request to be exempted.

b) The Appellate Disciplinary Council shall be formed by the Council from one of the Vice-Presidents, as chair, and four University faculty members holding the rank of ‘Professor’, and on whom no penalty has been imposed, for a period of two years, subject to renewal. The Council may exempt any of them from the membership of this Disciplinary Council or accept their request to be exempted.

c) The Council may appoint one or more standby members in each of the two disciplinary councils to substitute for any original member who absents themselves from the sessions of either of them with an acceptable excuse.

Article 40 Both disciplinary councils hold their meetings in response to a call from their chairs. The meeting is considered legal when all members attend it, and its decisions are taken by a majority of four out of five members, or a majority of three members provided the chair is one of them.

Article 41 a) A faculty member referred to the Disciplinary Council shall be provided with a copy of the violation declaration attributed to them. This copy shall be delivered to their workplace at the University or their place of residence at least seven days before the date of the session in which the violation is to be reviewed. The faculty member shall have the right to respond to that declaration in writing during that period.13

b) A faculty member referred to the Disciplinary Council shall have the right to review all papers contained in the declaration file, and to attend the Disciplinary Council sessions to defend themselves.

Article 42 a) The President may refer any violation involving a penal crime to the concerned attorney general to take legal action, and shall have to stop all disciplinary measures until the final judgment has been issued in the penal crime.

b) A judgment in the penal case entailing the faculty member’s non-responsibility or acquittal of the penal accusation shall not prevent the University from taking disciplinary measures against them according to these Bylaws.

Article 43 a) The President may suspend the work of a faculty member in any of the following cases:

1- If they have been referred to the Disciplinary Council.

2- If they have been referred to the attorney general at the request of the University.

3- If they have been referred to court as a result of committing any felony or misdemeanor encroaching upon honor, dignity, or public rules of conduct.

b) The President may determine the percentage of the salary and allowances to be paid to the suspended faculty member, provided it does not exceed 50%.

Article 44 a) The Disciplinary Council shall convene to look into the disciplinary case within a period of two weeks of the date of referring the case to it.

b) The sessions of the two disciplinary councils shall be confidential, including the session in which the decision is announced.

Article 45 The Council shall issue the necessary regulations to execute the articles of these Bylaws.

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