This is an agreement by and between the American Association of University Professors, University of Toledo Chapter hereinafter referred to as UT-AAUP, and the Board of Trustees of The University of Toledo hereinafter referred to as the "Employer". This Agreement sets forth the understanding between the parties as to the terms and conditions of employment of members of the Bargaining Unit specified herein. In case of conflict between this Agreement and policies and practices of the Employer, this Agreement will be controlling.
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.
ARTICLE 2.0
RECOGNITION AND DESCRIPTION OF THE BARGAINING UNIT
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.
ARTICLE 3.0
NON-DISCRIMINATION
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.
ARTICLE 4.0
MANAGEMENT RIGHTS
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.
ARTICLE 5.0
FACULTY RIGHTS AND RESPONSIBILITIES
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.
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.
ARTICLE 6.0
CONFLICT OF INTEREST
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.
ARTICLE 7.0
ACADEMIC GOVERNANCE
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.
ARTICLE 8.0
TENURE AND PROMOTION
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 three quarters of full time service out of the four consecutive quarters, provided that only one year of credit toward tenure can be obtained during any four consecutive quarters. When an initial appointment begins no later than the first day of the Winter quarter, a full year's credit toward tenure shall be accorded. An initial appointment beginning after the first day of the Winter Quarter 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 intial 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 quarter, 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 quarter, 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 of five years from the effective date of this Agreement, the specific terms or special conditions of any individual letter of initial appointment of a member of the bargaining unit on the effective date of this Agreement shall be controlling.
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.
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 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 necessary for reappointment; and recognized involvement in research. 8.2.1.3 ASSOCIATE PROFESSOR
Record as a successful teacher; 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; 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.
ARTICLE 9.0
EVALUATION
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 service as a librarian (including academic advising) | 40% | 60% |
| Professional Activity | 20% | 10% |
| Service | 10% | 10% |
| Mutually established in writing
(see 10.3.2.6)on an annual basis by
the member and department chaiperson and approved by the College dean. |
30% | 20% |
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 Service As A Librarian
Teaching faculty shall give evidence of ability and commitment to lead students of varying capabilities into a growing understanding of the subject matter, tools, and materials of their disciplines. The faculty member shall demonstrate instructional effectiveness through use of 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.
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 practioners in the member's discipline, or (C) among a wider community.
Such evidence may include but is not limited to:
(a)Funded and non-funded research,
(b)Preparation of research proposals for funded research,
(c)Publication of articles, books, monographs, conference proceedings, editorships or reporters to professional publications,
(d)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.
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. 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 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 resume.
(2) A detailed narrative statement for each evaluation criterion 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 agreements for the past (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.
9.1.5.2 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.
9.1.5.3 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.
9.1.5.4 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.
9.1.5.5 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.
9.1.5.6 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.
9.1.5.7 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 state grounds of substantive or procedural error. 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 reconsideration, the review process shall go forward.
9.1.5.8 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.
9.1.5.9Prior 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. 9.1.5.10 It shall be the duty of each evaluating unit to make an independent judgment about the 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.
9.2PROFESSIONAL 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.
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). In making these assessments evaluatory documents and procedures that pre-date the effective date of this Agreement shall be excluded. Scrutiny in the first round will be adjusted to reflect the shorter time period covered.
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 If annual workload agreements have been fulfilled, 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 (1_) 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 member's 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.
To Articles 10 - 26 of the CBA.
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