ARTICLE 1.0
DEFINITIONS
1.1 "BOARD" (also called
"EMPLOYER") The Board of Trustees for The University
of Toledo.
1.2 "MANAGEMENT" The Board together with its executive officers and professional staff including but not limited to the President, Vice Presidents, Deans, Department Chairpersons and all such other management personnel as defined in Chapter 4117 Ohio Revised Code.
1.3 "BARGAINING UNIT" The unit of faculty employees more fully described in Article 2.1 of this Agreement.
1.4 "AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, UNIVERSITY OF TOLEDO CHAPTER" (also called "UT-AAUP") The exclusive representative of the employees in the bargaining unit, pursuant to certification by the Ohio State Employment Relations Board.
1.5 "MEMBER" or "MEMBERS" Unless expressly specified otherwise, these terms shall refer to members of the bargaining unit.
1.6 "PRESIDENT" The President of The University of Toledo unless expressly specified otherwise.
1.7 "DAY" A working day exclusive of all Saturdays, Sundays and official holidays observed by the University within the work year.
1.8 RULES OF CONSTRUCTION Unless specified to the contrary elsewhere in this Agreement, the following rules shall apply:
1.8.1 "APPLICATION OF AGREEMENT" Provisions of this Agreement shall apply to all members of the bargaining unit, unless specified to apply only to certain members of the bargaining unit.
1.8.2 "HEADINGS" Headings and captions are used in this Agreement for purposes of convenience only and do not carry substantive meaning.
1.8.3 "GENDER and NUMBER" The masculine, feminine, and neuter gender as used in this Agreement import one another, and the singular shall include the plural whenever applicable.
2.1 The Board hereby recognizes the UT-AAUP, pursuant to certification by the Ohio State Employment Relations Board (SERB) in case 90-RP-0321, dated February 25, 1992, as the exclusive representative for the purpose of collective bargaining with respect to wages, hours, terms and other conditions of employment in the bargaining unit consisting of regular, full-time faculty. Excluded from the bargaining unit are College of Law faculty, temporary faculty, part-time faculty, superannuates, all managerial and supervisory employees, and all other employees.
2.2 The Employer shall not aid, promote or finance any group or organization other than the UT-AAUP which purports to engage in or to be interested in engaging in collective bargaining on behalf of the members of the Bargaining Unit. The Employer shall not aid, promote or finance any group or organization that seeks to undermine UT-AAUP's status as representative of the Bargaining Unit.
2.3 If, during the term of this Agreement, questions arise as to the bargaining unit status of one or more professional staff employees whose positions are not otherwise excluded in section 2.1 of this Agreement, the Parties will meet promptly to discuss the status of the positions and shall attempt to reach agreement as to the positions' inclusion or exclusion from the Bargaining Unit. If the Parties are unable to reach agreement as to the status of the position within ten (10) calendar days from the commencement of the discussions, either party may petition the SERB for a determination of the status of the position. This procedure shall also apply to mergers, acquisitions and expansions of the University.
2.4 Individual contracts of employment with members of the Bargaining Unit will be in all respects consistent with this Agreement, which will be incorporated by reference in such individual contracts.
3.1 The Employer and UT-AAUP agree that they shall not discriminate nor tolerate discrimination against any member in matters of wages, hours, terms and other conditions of employment on the basis of any characteristic prohibited by Federal or Ohio law.
3.2 The Employer and UT-AAUP hereby express their strong opposition to and condemnation of all forms of sexual harassment.
3.3 The Employer shall not discriminate against any member of the bargaining unit for any activities on the behalf of the AAUP or for membership in the AAUP.
3.4 UT-AAUP and the Employer agree to adhere to the University's non-discrimination and affirmative action employment policies provided that such policies are not in conflict with this agreement.
Except as expressly limited by the terms of this Agreement, the Board, directly or acting through its duly constituted authorities, retains and reserves exclusively to itself all powers, rights, authority, prerogatives, duties and responsibilities conferred upon and vested in it by the laws and constitution of the State of Ohio and of the United States, whether exercised or not. Without limiting the generality of the foregoing, except where expressly stated in this Agreement, nothing contained herein shall in any way limit the Board's right to adopt new or modify or terminate existing policies, rules, regulations, and procedures in furtherance and accomplishment of its statutorily mandated authorities and responsibilities. The Board acknowledges its duty to bargain in good faith over the employment effects of such actions. Upon fulfilling said duty, the Board may implement its proposed actions.
Except as specifically modified by an express provision of this Agreement, none of the rights reserved exclusively to the Board shall be subject to the grievance procedure of this Agreement.
5.1 ACADEMIC FREEDOM
5.1.1 Members are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. Research for pecuniary return shall not compromise the intellectual integrity or reputation of the University and shall be based upon prior understanding with the member's dean.
5.1.2 Members are entitled to full freedom in the classroom in discussing their subject, but they shall be careful not to introduce into their teaching controversial matter which has no relation to their subject.
5.1.3 Members are citizens, members of a learned profession, and faculty of the University. When they speak or write as citizens, they shall be free from University censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they must remember that the public may judge their profession and the University by their utterances. Hence they must at all times be accurate, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that they are not speaking for the University.
5.1.4 Librarians shall be free to choose books and other materials and to provide services for the interest, information and enlightenment of all members of the academic community. In no case shall materials be excluded from University libraries because of their author(s) or their scientific, economic, social, political, or religious views. No library materials shall be proscribed or removed from the libraries because of partisan or doctrinal disapproval.
5.2 PROFESSIONAL OBLIGATIONS
5.2.1 Members, guided by a deep conviction of the worth and dignity of the advancement of knowledge, shall recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end members shall devote their energies to developing and improving their scholarly competence. They have an obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They shall practice intellectual honesty. Although members may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.
5.2.2 As teachers, members shall encourage the free pursuit of learning in their students. They shall hold before them the best scholarly and ethical standards of their discipline. Members shall demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Members shall make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit. They shall respect the confidential nature of the relationship between professor and student. They shall avoid any exploitation, harassment, or discriminatory treatment of students. They shall acknowledge significant academic or scholarly assistance from students. They shall protect students' academic freedom.
5.2.3 As colleagues, members have obligations that derive from common membership in the community of scholars. Members shall not discriminate against or harass colleagues. They shall respect and defend the free inquiry of associates. In the exchange of criticism and ideas members shall show due respect for the opinions of others. Members shall acknowledge academic debts and strive to be objective in their professional judgment of colleagues. Members shall accept their share of faculty responsibilities in the academic governance of the University.
To the extent that members may be subject to the Ohio Ethics Laws found in ORC '102 and '2921 they must file all notifications of interest required by said statutes with the General Counsel of the University.
7.1 The vital importance of faculty participation in the making of academic policy is hereby recognized. The Faculty Senate is the organ through which the faculty speak on matters of academic policy and other matters not subject to collective bargaining.
7.2 The Employer will effectively consult with the Faculty Senate on questions within the primary jurisdiction of the Faculty Senate .
7.3 The Employer will effectively consult with and seek the advice of the Faculty Senate on matters of institutional planning.
7.4 The principle of faculty participation in the selection of academic officers is affirmed.
7.5 Department chairpersons are the primary interface between faculty and administration. The faculty of affected departments shall be effectively consulted in the choice and renewal of appointment of their department chairperson.
8.1 TENURE
8.1.1 "Tenure" is the right of a member to continuous employment by the University. The award of tenure by the Board shall be selective and conditioned upon positive recommendation through the evaluation process described in Article 9.0. Tenure may only be terminated for just cause, through a reduction in force pursuant to Article 18.0 below, or by reason of retirement.
8.1.2 Every member appointed without tenure to the rank of Instructor, Assistant Professor, Associate Professor, or Professor shall serve a probationary period not longer than six years.
8.1.2.1 The term "year" shall mean an academic year consisting of consecutive Fall and Spring Semesters of full time service, provided that only one year of credit toward tenure can be obtained during any two (2) consecutive semesters. When an initial appointment begins no later than the first day of Fall Semester a full year's credit toward tenure shall be accorded. An initial appointment beginning after the first day of Fall Semester shall not be credited toward tenure.
8.1.3 Evaluation for tenure must take place no later than the final year of the probationary period. It is understood that there is a joint responsibility on the part of the individual member and the Employer to ensure that review for tenure takes place in a timely manner. If the Board grants tenure, it shall become effective with the beginning of the next academic year. If tenure is not granted, then appointment for the next academic year will be a Terminal Appointment.
8.1.4 The length of the probationary period may be less than six (6) years in recognition of acceptable professional work preceding initial appointment. Such cases require a positive vote from the prospective appointee's department. A written agreement that the probationary period is to be less than six (6) years shall be executed at the time of initial appointment and signed by the new member, the department chairperson and the dean of the appointing college. Each signatory shall receive a copy, and a copy shall be forwarded to the Vice President for Academic Affairs. A prospective appointee shall be informed by the dean of the appointing college, in advance of an appointment of the decision which the college has made regarding the acceptability toward tenure of the appointee's previous professional experience.
8.1.5 Upon review by appropriate committees and recommendation of the member's department, the Board may grant tenure at any time to a member with at least four years of acceptable professional experience as a faculty member at an accredited college or university. Candidates for such early tenure must meet all the other requirements for tenure set forth in this Agreement.
8.1.6 Notification of nonrenewal of members without tenure shall be given in writing by the President or the President's designee in accordance with the following standards:
8.1.6.1 Not later than March 1 of the first academic year of service, if the appointment expires at the end of the Spring Semester, or, if the appointment terminates at any other time, at least three months in advance of its termination.
8.1.6.2 Not later than December 1 of the second academic year of service, if the appointment expires at the end of the Spring Semester, or, if the appointment terminates at any other time , at least six months in advance of its termination.
8.1.6.3 At least twelve months before the expiration of an appointment after two or more continuous years of service in such position.
8.1.7 A scholarly or professional leave of absence for one year or less approved by the Board shall count as part of the probationary period unless the member and the dean of the member's college agree in writing to an exception at the time the leave is granted. A copy of any such agreement shall be sent to the Vice President for Academic Affairs. Extended sick leave in excess of thirty (30) working days shall not count as part of the probationary period unless the member and the dean of the member's college agree in writing to an exception at the time the leave is granted. A copy of any such agreement shall be sent to the Vice President for Academic Affairs.
8.1.8 Except in the Community and Technical College and the Library, to receive tenure the member must be an Associate Professor or Professor, or be recommended at the same time to the Board for promotion to Associate Professor and show promise of continued excellence of performance and continued professional growth. In the Community and Technical College and the Library, to receive tenure the member must be an Associate Professor or Professor, or have been promoted once, or be recommended at the same time for promotion and show promise of continued excellence of performance and continued professional growth. Exceptions to this standard may be made. Refusals to make such exceptions shall not be grievable.
8.1.9 When a tenured member leaves the bargaining unit for another full-time position in the University, that individual, as long as the individual remains in continuous full-time employment at the University, shall retain the right to return to a tenured position within the bargaining unit.
8.1.10 For a transition period which will expire on June 1, 2000, the specific terms or special conditions of any individual letter of initial appointment issued prior to May, 1993, shall be controlling. After May, 1993, all letters must be in accordance with the terms of the contract. All official letters of appointment must come from the Dean or the Vice President for Academic Affairs.
8.1.11 There shall be no tenure quotas affecting members of the bargaining unit.
8.1.12 Members who have received a terminal appointment shall not be eligible for consideration for tenure.
8.2 PROMOTION IN ACADEMIC RANK
8.2.1 The minimum criteria for the various academic ranks shall be as described hereafter. These criteria may be waived by the President upon recommendation of the member's department, the Dean of the member's college and the Vice President for Academic Affairs. Acceptable alternate degree requirements approved by the Vice President for Academic Affairs are on file in the Office of Academic Affairs. Faculty will be informed of the degree requirements for promotion at the time of initial appointment.
8.2.1.1 INSTRUCTOR
Master's degree or equivalent in advanced courses in the subject from an accredited college or university; and demonstrated ability as a teacher or librarian, as appropriate, necessary for continued appointment.
8.2.1.2 ASSISTANT PROFESSOR
Doctoral degree or equivalent in advanced courses in the subject from an accredited college or university; demonstrated ability as a teacher or librarian, as appropriate, necessary for reappointment; and recognized involvement in research.
8.2.1.3 ASSOCIATE PROFESSOR
Record as a successful teacher or librarian, as appropriate; an earned doctorate or its equivalent from an accredited college or university, or, in occasional instances, record of achievement in the field; a record of productive scholarship or other creative work; good potential for ultimately attaining rank of Professor.
8.2.1.4 PROFESSOR
Record as a successful teacher or librarian, as appropriate; an earned doctorate or its equivalent from an accredited college or university, or, in occasional instances, record of outstanding achievement in the professor's field; continuing productive scholarship or other creative work; and distinct contributions to the field, the profession, or the University.
8.2.2 Promotion in academic rank by the Board shall be selective and conditioned upon positive recommendation through the evaluation process described in Article 9.0. All promotions shall become effective with the beginning of the next academic year.
8.2.3 Members who have received a terminal appointment shall not be eligible for consideration for promotion.
9.1 EVALUATION PROCEDURE
The evaluation procedure described below shall be the sole process by which members are evaluated. This procedure shall be used by all levels and units where decisions are made with respect to these matters of faculty status.
9.1.1 At each level of recommendation specified herein, evaluation of the member's overall contribution shall be based on the following areas. The percentage figure listed before each area shall be the weight all evaluators give to it.
ComTech & Library
Teaching or librarianship 40% 60%
(including academic advising)
Professional Activity 20% 10%
Service 10% 10%
Mutually established in writing on an 30% 20%
annual basis by the member and
Department Chairperson and approved
by the College Dean.
9.1.2 The criteria by which performance is to be judged in the areas listed above shall be:
9.1.2.1 Teaching or librarianship
Teaching faculty shall give evidence of ability and commitment to appropriate and productive pedagogical methods, advising of students, curriculum development, preparation of curricular materials and publication of curricular materials, and through the supervision of independent student work such as long projects, independent studies, masters theses or projects and doctoral dissertations. In support of instructional effectiveness, the member shall maintain a high level of knowledge and expertise in the member's area of specialization. For librarians satisfactory professional performance shall be the equivalent of instructional effectiveness.
It is the responsibility of the faculty member to provide persuasive evidence of instructional effectiveness. Evaluation techniques for all members may include, but are not limited to, assessment of the learning by students under the member's tutelage, self-evaluation, classroom visitations, student evaluations of teaching, review of syllabi and examinations and other curricular materials, and assessment of academic advising of students.
9.1.2.2 Professional Activity
It is intended that the member shall utilize the member's expertise to address problems in the member's discipline or area of specialization through professional, scholarly and/or creative activity which clearly contributes to the discipline and/or the wider society through:
(1) Scholarly investigation, creative activity and/or research of an original and/or previously unreported nature; or
(2) Applied research (including professional publications and patents), investigation, or scholarly analysis of existing research, information, and creative endeavors resulting in the development of new data, information, applications, and/or interpretations; or
(3) Artistic creations, shows and performances.
A faculty member shall give documented evidence of the member's contribution to the member's discipline or area of specialization by its publication or other dissemination through (A) the classroom, (B) among practitioners in the member's discipline, or (C) among a wider community.
Such evidence may include but is not limited to:
(1) Funded and non-funded research,
(2) Preparation of research proposals for funded research,
(3) Publication of articles, books, monographs, conference proceedings, editorships or reporters to professional publications,
(4) Presentation of papers at professional meetings.
The preparation of grant proposals for outside agencies shall be considered as professional activity if said preparation involves scholarly activity (e.g. teaching, research or service projects) of a substantial nature, and the applicant provides an abstract documenting such activity and the importance of the endeavor to the discipline or the University. The above condition may also apply for the administration of a grant project, patent application or copyright application insofar as proper evidence is presented which documents that such grant administration, patent application or copyright application meets the requirements as set forth above in this section.
9.1.2.3 Service
Service consists in the application of a member's knowledge in the member's professional field to benefit the University, the community, and/or the profession. Service is measured not so much by the number of offices held or activities undertaken, although that may be considered, as by the demonstrable substantive value of the faculty member's contribution to the quality of the University, the well being of the community, and/or the advancement of the member's profession or discipline.
Evidence of service may include but is not limited to:
(1) Departmental, college, and University-wide activities,
(2) Holding office in a professional organization,
(3) Participation in organizing and/or running professional meetings, workshops or seminars,
(4) Delivering lectures at workshops or non-credit courses,
(5) Unpaid consulting assignments of a professional nature.
(6) Serving as a referee for a professional or scholarly publication or granting agency.
9.1.2.4 The faculty of each college, in agreement with its Dean, may vote to establish specific elaborations of the criteria set forth above. Such elaborations must be approved by the Vice President for Academic Affairs, be applied fairly and equitably to all members in that college and not conflict with the terms of this Agreement. All such elaborations must be published and provided to new members upon entering the college. Copies of elaborations will be provided to the UT-AAUP for review and comment twenty (20) days prior to the review and approval of the Vice President for Academic Affairs.
9.1.2.5 The faculty of each department, in agreement with its Chairperson, may vote to establish specific elaborations of the criteria and college elaborations thereon set forth above. Such elaborations must be approved by both the dean of that department's college and the Vice President for Academic Affairs, be applied fairly and equitably to all members in that department and not conflict with any approved college elaborations of the criteria set forth above or with the terms of this Agreement. All such elaborations must be published and provided to new members upon entering the department. Copies of elaborations will be provided to the UT-AAUP for review and comment twenty (20) days prior to the review and approval of the Vice President for Academic Affairs.
9.1.3 In all reviews peer judgments shall have a significant role. The following units shall participate in this review process, in the order listed, with each unit giving due consideration to the recommendations and findings of all preceding units. Each unit shall make an independent, fair and equitable recommendation on the matter being considered and provide a written rationale for decisions. In judging a member's performance each unit shall abide by the criteria set forth in this Agreement and all approved college and departmental elaborations on those criteria.
Department Personnel Committee
Department Chairperson
College Committee on Academic Personnel
College Dean
University Committee on Academic Personnel
Vice President for Academic Affairs
President.
9.1.4 Frequency and Timing of Evaluations
9.1.4.1 Untenured members shall be evaluated annually. When the Department Personnel Committee, Chairperson or Dean consider the member's progress toward tenure to be less than completely satisfactory, they shall include in their recommendation on continued employment a statement of steps the member should take to correct the deficiency.
9.1.4.2 All members below the rank of Professor shall be considered for promotion in academic rank not less than once every five (5) years.
9.1.4.3 All evaluations shall be processed according to the schedule and on the forms prescribed by the Vice President for Academic Affairs annually at the beginning of the academic year after effective consultation with UT-AAUP.
9.1.4.4 A member may withdraw from the evaluation process described in Articles 9.1 through 9.1.5.10 at any time but shall thereby forfeit all claims for that year, including tenure if in the last year of probationary service. Such withdrawal must be made in writing to the Assistant Vice President for Academic Affairs-Faculty Relations.
9.1.4.5 If the member so requests, a member may be considered for tenure, if otherwise eligible, in any year of the probationary period. A member may be considered early for tenure only once. Denial of tenure prior to the last year of the probationary period shall not prejudice subsequent application for tenure and in no case shall be construed per se as a ground for termination.
9.1.5 The Review Process
9.1.5.1 In the first probationary year only, the faculty member=s performance will be reviewed by the Department Personnel Committee, the Chair, and the Dean after the completion of the Fall Semester. This limited evaluation will include a review of the faculty member=s professional goals and objectives as well as her/his performance during the first semester. The Department Personnel Committee and the Chair shall comment on the proposed goals and objectives and performance and make a recommendation to the Dean. The Dean shall review this information prior to making a final decision regarding renewal. The Dean=s evaluation and decision will be forwarded to the Vice President for Academic Affairs.
9.1.5.2 It shall be the obligation of the candidate for renewal, tenure or promotion to prepare a dossier in accordance with the guidelines set forth below and the time schedule published by the Vice President for Academic Affairs. Such dossiers shall include:
(1) An up-to-date résumé.
(2) A detailed narrative statement for each evaluation criterion, as specified in Article 9.1.2, explaining how and to what extent the activities claimed have met the criteria and any approved elaborations thereof.
(3) Documentation in support of the narrative in (2) above.
(4) All annual workload assignments for the past five (5) years or portion thereof that the member has been employed by the University and that this provision has been in force.
(5) All annual professional activity reports, or equivalent, for the past five (5) years or portion thereof that the member has been employed by the University.
(6) All merit pay assessments, or equivalent, for the past five (5) years or portion thereof that the member has been employed by the University.
(7) For candidates for tenure, all previous annual evaluations.
(8) An inventory of the dossier's contents.
Members may continue to add to their dossier until five (5) days after evaluation by their department chairperson. Thereafter, the file shall be considered sealed and all subsequent evaluators shall make their judgments based on the file as presented.
When the evaluation process is complete and if no grievance has been filed concerning the process, the record of all judgments shall be entered into the member's official personnel file along with the inventory of the dossier's complete contents. All other materials, except copies of any confidential letters from external experts, shall be returned to the member. If a grievance has been filed, the file shall be kept intact in the custody of the Assistant Vice President for Academic Affairs-Faculty Relations until all litigation is exhausted.
9.1.5.3 Each reviewing unit shall transmit its written evaluation and recommendation, together with any dissenting opinion and with all prior evaluations, recommendations and materials it has received, to the next higher level in the process.
9.1.5.4 Each department and college shall have a Personnel Committee comprised of tenured members elected by the faculty in that department or college in accordance with the published by-laws of that department or college.
9.1.5.5 The University Committee on Academic Personnel shall consist of nine (9) tenured associate or full professors, one (1) from each college with faculty and the library and two (2) from the College of Arts and Sciences, elected by the Faculty Senate. Members of UCAP shall serve a term of three (3) academic years beginning July 1, with one third (1/3) of the members retiring each year.
9.1.5.6 A member of a College Personnel Committee or the UCAP shall be ineligible to participate or vote when an individual is being considered whom the committee member has evaluated at an earlier level in the process, or when the committee member has a conflict of interest with regard to the individual under consideration or when the committee member's own candidacy is being considered.
9.1.5.7 At each level of consideration a member shall be notified immediately in writing of the evaluating unit's evaluation and recommendation. Such notification shall be sent to the member at least five (5) days prior to transmittal to the next higher level in the review process. Forwarding of the dossier to the next review/evaluation level shall not occur until the five (5) day reconsideration timeline has expired. If reconsideration is requested, the dossier shall not be forwarded until that process is complete.
9.1.5.8 The member being evaluated shall have the right to request, in writing, within five (5) days of an evaluation and recommendation being sent to the member that the evaluating unit reconsider the member's case. Such request must identify the specific error(s) in the evaluation and explain why it/they are incorrect. The member shall have the right to appear before the committee or administrator making the evaluation and recommendation being reconsidered. The evaluating unit shall meet and reconsider the case within ten (10) days of the request being made and shall immediately inform the member of its decision in writing. A request for reconsideration shall stay the evaluation process at the next higher level until the reconsideration has occurred. Absent a request for reconsideration, the review process shall go forward.
9.1.5.9 The Departmental Personnel Committee (DPC) shall review the dossier presented by the candidate. If the candidate fails to provide this dossier or correct deficiencies in it in a timely manner, the DPC and all subsequent reviewers shall proceed on the basis of whatever information it does possess.
9.1.5.10 Prior to making an evaluation and recommendation, the Department Chairperson and the College Dean shall meet with their respective Personnel Committee to discuss in depth and gain a greater understanding of that committee's evaluations and recommendations. At the University level, the Vice President for Academic Affairs shall have a similar meeting with the UCAP.
9.1.5.11 It shall be the duty of each evaluating unit to make an independent judgment about the merits of each candidate. Questions concerning the validity of the process at one level shall be resolved solely through the grievance procedure found in this Agreement and not by a unit at a higher level. Except for charges of failure to evaluate for tenure as required by this Agreement, such grievances shall be stayed until the President's decision and recommendation to the Board is made known. Grievances over failure to institute an evaluation for tenure or pursue the process in a timely manner may be initiated at any time in the final year of probation a deadline for action is missed.
9.2 PROFESSIONAL ASSESSMENT
9.2.1 Each tenured member shall receive a professional assessment every five (5) years. The purpose of this assessment shall be to measure the member's teaching effectiveness or other primary professional function, professional activity and service in order to further the member's professional growth. This assessment shall be made by member's Departmental Personnel Committee and Department Chairperson. (See attached Appendix A)
9.2.2 The format and schedule for such professional assessments shall be published annually at the beginning of the academic year by the Vice President for Academic Affairs after effective consultation with UT-AAUP. Such assessments shall begin with the last academic year of this Agreement. Twenty percent (20%) of the tenured members of each department shall be assessed each year on a rotating basis. In the first year of implementation volunteers shall be sought to undergo the process. If an insufficient number of members volunteer, the twenty percent (20%) shall be fulfilled in reverse order of departmental length of service (least senior first).
9.2.3 All completed assessments shall be reviewed by the member, who shall be provided at least five (5) days to append comment before the assessment is sent to the college dean. All completed assessments which have been reviewed by the affected member shall be sent promptly to the college personnel committee along with all materials reviewed and any comments by the member. The College Dean and the Vice President for Academic Affairs will review the completed assessment after the college committee. A copy of the completed assessment and any appended comments by the member shall be retained in the member's official personnel file.
9.2.4 Recognizing that this evaluation is based upon already completed assessments, if those assessments were satisfactory, then there shall be a rebuttable presumption that the member has no significant deficiencies. The assessment shall not compare one member with another. At the earliest indication of a problem the Chairperson shall meet with the affected member to discuss the issue. Should the assessment identify significant matters requiring remedy, the Departmental Personnel Committee and Department Chairperson shall meet with the member to discuss and establish a program of growth to rectify any significant deficiencies discovered. The Chairperson shall notify the member and the Dean of the college in writing of the program of growth decided upon and the means of monitoring progress and success in that program. Programs for correcting deficiencies in teaching and service shall run a minimum of one and one half (12) years. Programs to correct deficiencies in professional activity shall run a minimum of three (3) years. If the member fails to cooperate or follow the program of growth prescribed by the Departmental Personnel Committee and the Chairperson, the matter may be remanded to the process set forth in Article 17.
9.2.5 Fair and equitable steps will be taken to remedy deficiencies. Within the timelines established in article 9.2.4 above, a member found deficient will be given the opportunity to rectify deficiencies before any adverse action is taken. Given the sanctity of tenure, the loss of tenure shall always be the last adverse action to be considered.
9.2.6 Professional assessments may be grieved on grounds of substance and procedure.
9.3 SPECIAL ASSESSMENT
9.3.1 When the appropriate Dean or the Vice President for Academic Affairs has good reason to believe there is a significant problem regarding a member's performance of duties, the Dean shall meet with the member, and any other appropriate individuals, in an attempt to clarify and, if necessary, rectify the situation. Special assessments shall be reserved for the truly unusual situation that cannot be rectified by any other means. Special assessments shall be used only in instances where the member can cause substantial harm to the member, students, or other member(s) of the University community.
9.3.2 If, following the meeting described in 9.3.1, the Dean or the Vice President for Academic Affairs determines that a special assessment is called for, the Dean shall meet and confer with the Department Chairperson and the affected member on the design of an appropriate evaluation. The evaluators shall report the results of the evaluation to the Dean, Chairperson and the affected member.
9.3.3 Should the evaluation identify matters requiring remedy, the Dean and Department Chairperson shall meet with the member to discuss and identify remedies. The Dean shall notify the member and the Chairperson in writing of the remedy or remedies decided upon and the required schedule of compliance and means of monitoring compliance. If the member fails to cooperate or comply with the remedies ordered by the Dean, the matter may be remanded to the process set forth in Article 17.
9.4 PERSONNEL FILES
9.4.1 The official personnel file for members shall be that which is maintained in the Office of the Vice President for Academic Affairs.
9.4.2 The Assistant Vice President for Academic Affairs-Faculty Relations shall, upon request of a member, make available for inspection and copying any and all documents in the member's personnel file.
9.4.3 In order to preserve confidentiality, the Assistant Vice President for Academic Affairs-Faculty Relations shall remove all letters of recommendation on the member prior to the member's examination of the member's file.
9.4.4 Before any solicited or unsolicited derogatory allegations about a member are included in the member's official University personnel file, the member shall be given a copy of such material and an opportunity to append a response to the allegations which shall be attached to said allegations in the member's file. Evaluations and assessments prepared pursuant to this article shall not be deemed derogatory allegations.
9.4.5 Challenges to the propriety of documents in the member's personnel file shall be addressed in writing to the Assistant Vice President for Academic Affairs-Faculty Relations who shall issue a written decision.
10.1 It is recognized that the University has a tripartite mission of teaching, professional activity, and service.
10.2 WORK YEAR
10.2.1 For nine (9) month faculty the work year shall consist of two semesters including the week before the beginning of the academic year but not including scheduled holidays, Thanksgiving break, Winter break and Spring break. The Department Chairperson shall ensure that there is departmental representation at commencements of at least 10% of the members in the department.
10.2.1.1 Final examinations shall be given during the period of the semester set aside for such exams and not during the period set aside for instruction.
10.2.2 For twelve (12) month faculty and librarians the work year shall consist of twelve months but not including scheduled holidays.
10.3 LOAD
10.3.1 The average teaching load, over an academic year, shall be a maximum of twelve (12) credit hours per semester and a minimum of six (6) credit hours per semester of instruction. The actual number of instructional hours shall depend upon the mix of a member's teaching, professional activity, and service.
10.3.1.1 Assignment of a teaching load below the minimum stated above may only be made in order to meet the requirements of an external grant or contract or some extraordinary project recommended by the member's Dean and shall require the approval of the Contract Implementation Committee.
10.3.1.2 Assignment of load in excess of the maximum stated above may only be made by mutual agreement between the member and the dean of the member's college.
10.3.2 Each department, or equivalent unit, annually shall establish the workload for individuals within that department, or equivalent unit, which are consistent with this agreement. Each individual=s workload shall be fair and equitable. Each individual=s workload shall take into account the specific items enumerated in 10.3.2.3
10.3.2.1 The Department Chair, or equivalent administrative officer, shall consult with each member of the unit prior to establishing individual workloads. Faculty members shall receive a written copy of their workload for review prior to transmittal to the Dean. A copy of each individual=s workload shall be posted in the department three (3) days before transmittal to the Dean=s office. Once made public within the department, or equivalent unit, each individual=s workload shall be forwarded to the Dean of the college for approval.
10.3.2.2 Annual faculty workload documents, annual faculty merit evaluation reports and any information, including comparative data, related to same, which are public records shall be made easily available to members.
10.3.2.3 The listing below shall include, but not be limited to, the specific items to be considered when developing workload.
10.3.2.3.1 Classroom teaching
10.3.2.3.1.1 Number of course preparations
10.3.2.3.1.2 Availability of teaching support resources
10.3.2.3.1.3 Class size
10.3.2.3.1.4 Course time requirements
10.3.2.3.2 Development of new courses, laboratories, or instructional facilities
10.3.2.3.3 Student conferences (including office hours),
10.3.2.3.4 Off-site instruction greater than 25 miles one-way from campus
10.3.2.3.5 Individual and special instruction
10.3.2.3.6 Advising
10.3.2.3.7 Clinical supervision of students
10.3.2.3.8 Supervision of thesis and dissertation research and writing
10.3.2.3.9 Coordinator duties
10.3.2.3.10 Professional librarian duties
10.3.2.3.11 Creative and performance activities (whether as principal or as student mentor or supervisor)
10.3.2.3.12 Scholarly and professional activities (including writing for publication)
10.3.2.3.13 Sponsored research
10.3.2.3.14 Special assignments
10.3.2.3.15 Unpaid consulting
10.3.2.3.16 Departmental, College, University and community service
10.3.2.4 If unforseen events should occur during the year, by mutual agreement among the member, the Department Chairperson and the Dean of the college, said member=s workload may be modified.
10.3.2.5 If the member is dissatisfied with his or her workload, the member shall seek to resolve the matter with the Department Chairperson. If the member and the Chairperson cannot agree or the Dean does not approve of what they have worked out, the member, the Chair-person and the Dean shall meet to resolve their differences. If this meeting is unsuccessful, the Vice President for Academic Affairs shall assign a fair and equitable load. The member can grieve the workload imposed by the Vice President. A grievance under this section shall be expedited to the external arbitration step of the grievance procedure. (See article 19.3.6)
10.3.3 All faculty are expected to be available to meet their obligations and confer with their students in their offices outside of class. Each member shall be required to hold office hours appropriate to their academic discipline. Each member shall schedule, post, and keep five (5) office hours per week each semester they are teaching.
10.4 SUMMER EMPLOYMENT
10.4.1 When departmental resources provide opportunities for summer employment, full-time employees of the university with departmental faculty status shall have the right of first refusal. When, within a department or unit, there is competition for such employment, the Employer shall require each such department or unit to develop a published policy describing how such assignments are to be made. Such policies shall be subject to approval of the Dean of the college and shall make allotments in as fair and equitable a manner as can be followed. All such policies shall be submitted to the Contract Implementation Committee for final approval.
10.5 LIBRARIANS
Librarians shall follow a twelve (12) month calendar and shall work a forty (40) hour week on a schedule established by the Dean.
11.1 An adequate working environment and supporting services are necessary for effective teaching, learning and research.
11.1.1 The Employer will abide by Ohio's OSHA statute.
11.1.2 The Employer recognizes the importance of providing library systems responsive to faculty and student needs consistent with standards of quality recognized at a national level.
11.1.2.1 Borrowing Period
The initial check-out period for books shall be sixteen (16) weeks. Borrowers may renew books (electronically or in person) before the end of the initial sixteen (16) week period for an additional sixteen (16) weeks. If the borrower wishes another renewal beyond the aforementioned thirty-two (32) weeks, the book must be physically brought to the library for such renewal.
11.1.2.2 Second Party Check-Out
Faculty are permitted to use a second party to check out library books. When doing so, faculty shall provide the second party with written authorization to check out books and the faculty member=s identification card. The faculty member choosing to use this process shall be responsible for books checked out.
11.1.2.3 Recall
The current book recall policy shall remain unchanged during the life of this agreement.
11.1.3 The Employer recognizes the importance of adequate budgets in units for supplies and equipment.
11.1.4 The Employer recognizes the importance of adequate graduate assistantships to the University's graduate and research programs.
11.1.5 The Employer recognizes the importance of adequate support personnel providing services within academic units.
11.1.6 Members are encouraged to participate in activities that enhance their professional development. The Employer recognizes the importance of providing adequate funds for travel and development.
12.1 Salary Increases for 1997-98
Each member employed as a member of the bargaining unit on May 23, 1997 and still employed on the effective date of ratification of this Agreement, shall receive an increase to base salary of four (4) percent effective August 25, 1997.
12.2 Salary Increases for 1998-99
12.2.1 Each member employed as a member of the bargaining unit on April 24, 1998 and still employed on August 19, 1998 shall be considered for a merit increase based on an evaluation of their performance in both academic year 1996-97 and academic year 1997-98. For members not employed in 1996-97, their performance will be weighted accordingly.
12.2.2 Departmental merit increases for 1996-97 and 1997-98 shall be effective January 1, 1999 and shall be based on merit evaluation for the academic years 1996-97 and 1997-98 based on the principles set forth in Articles 9.1.1 and 9.1.2–. The pool of funds shall be three (3) percent minus $125,000, divided among departments in proportion to their contribution to the salary base on April 24, 1998. All increases shall be based upon performance evaluations. No across-the-board increases may be granted at any level of review.
12.2.3 In awarding the departmental merit increase described in Article 12.2.2, calculations of merit shall be made on the basis of a scale of 0 to 5, with decimals allowed (tenths). Within each department, each merit point will be assigned a percentage value. The department percentage value of a merit point will be applied to the individual=s nine (9) month base salary.
12.3 Salary Increases for 1999-2000
12.3.1 Each member employed as a member of the bargaining unit on April 23, 1999 and still employed on August 18, 1999 shall receive an increase to the base salary of 1.5% effective August 18, 1999 and shall be considered for a merit increase in accordance with 12.3.2.
12.3.2 Departmental merit increases for 1999-2000 shall be effective January 1, 2000 and shall be based on merit evaluation for the academic year 1998-99 based on the principles set forth in Articles 9.1.1 and 9.1.2–. The pool of funds shall be 1.5% minus $100,000, divided among departments in proportion to their contribution to the salary base on April 23, 1999. All increases shall be based upon performance reviews. No across-the-board increases may be recommended or granted at any level of review.
12.3.3 In awarding the departmental merit increase described in Article 12.2.2, calculations of merit shall be made on the basis of a scale of 0 to 5, with decimals allowed (tenths). Within each department, each merit point will be assigned a percentage value.
12.4 The funds designated for the Deans= Merit Pool shall be in the amount of $125,000 for academic year 1998-1999 and $100,000 for academic year 1999-2000. Merit decisions shall be non-grievable except for grounds of procedure. Procedure shall mean compliance with the following.
12.4.1 The Dean of each college shall announce at least thirty (30) days in advance of when nominations for Deans= Merit Pool awards are due. The announcement shall include deadlines for nominations, criteria to be used in Deans= Merit Pool consideration, and format requirements, if any.
12.4.2 Individuals may be nominated either by others or by themselves.
12.4.3 Each Dean shall announce decisions within ten (10) days of granting Deans= Merit Pool awards, and provide a brief explanation of (1) the amount of award, (2) to whom granted, (3) why each award was granted. It is understood the reasons applied and/or the amounts given are non-grievable.
12.5 All increases provided in Articles 12.1 through 12.3 will be applied after a member=s annual salary is made to be no less than the minimum annual salary provided in Article 12.9.
12.6 Initial determinations of departmental merit shall be made by the Departmental Personnel Committee and reviewed by the Department Chairperson and the Dean of the appropriate college. Where there is disagreement among them, they shall meet and resolve their differences. Differences which cannot be resolved shall be settled on the basis of voting with the Departmental Personnel Committee, Chairperson, and Dean each having one vote.
12.7 Compensation for overloads shall follow historical patterns. Such overloads shall be voluntary.
12.8 Compensation for teaching full time (6 credit hours) in a Summer Session will be twenty (20) percent of the current academic year (9 month) salary, excluding any stipends.
12.9 The employer reserves the right to adjust salaries beyond the negotiated levels to counter bona fide offers of employment. Funds for such increases shall come from outside of those negotiated within this Agreement. When such adjustment is proposed, the Assistant Vice President for Academic Affairs-Faculty Relations will immediately provide UT-AAUP with written evidence of a bona fide offer to the affected member and concurrence, in making the counter-offer, of the Department Personnel Committee, Department Chairperson and appropriate Dean before any decision is reached.
12.10 A member promoted in academic rank shall receive an increase to annual base salary on the effective date of promotion as follows:
1997-2000 Academic Years
To Assistant Professor $1,950
To Associate Professor $2,330
To Professor $3,150
12.11 Notwithstanding the above provisions, no member shall be paid less than the following annual salary for a nine-month appointment during the life of this Agreement:
1997-2000 Academic Years
Instructor $26,000
Assistant Professor $30,000
Associate Professor $36,200
Professor $47,700
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