ARTICLE 8.0
TENURE AND PROMOTION

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. New tenure-track faculty hired without tenure after July 1, 2004 shall be appointed to an initial two-year term.

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, unless stated otherwise in the initial offer of appointment from the Provost or designee.

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 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. A member who applies for early tenure review is nonetheless evaluated using the criteria and process set forth in Articles 9.1 and 9.2.

8.1.5 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. The inclusion in or exclusion from the probationary period of the leave of absence shall be expressly stated in the leave of absence agreement that must be executed under section 14.3.1. A copy of any such agreement shall be sent to the Provost. 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 Provost.

8.1.6 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 the rank of Associate Professor or Professor and show promise of continued excellence of performance and continued professional growth. Faculty members in library who were appointed prior to Academic Year 2000-01 and have been promoted once, will also be eligible to receive tenure.

8.1.7 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.

8.1.8 All letters of appointment must be in accordance with the terms of this contract. These letters of appointment must come from the Dean or the Provost or designee.

8.1.9 There shall be no tenure quotas affecting members of the bargaining unit.

8.1.10 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 criteria for the various academic ranks shall be as described in Articles 8.2.1.1, 8.2.1.2, 8.2.1.3, 8.2.1.4. Acceptable terminal degrees are set forth in the attached APPENDIX A. Faculty will be informed of the degree requirements for promotion at the time of initial appointment. The evaluation criteria for teaching, professional activity, and service in all ranks are those outlined in section 9.1.

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

Earned terminal degree in the subject or related field from an accredited college or university; demonstrated ability as a teacher necessary for reappointment; and recognized involvement in professional activity as defined in Article 9.0, section 9.1.1.2.

8.2.1.3 ASSOCIATE PROFESSOR

Record as a successful teacher; an earned terminal degree in the subject or related field from an accredited college or university, or, in occasional instances, record of achievement in the field; a record of professional activity as defined in Article 9, Section 9.1.1.2 good potential for ultimately attaining the rank of Professor.

8.2.1.4 PROFESSOR

Record as a successful teacher; an earned terminal degree in the subject or related field from an accredited college or university, or, in occasional instances, record of outstanding achievement in the member’s field; continuing professional activity as defined in Article 9, Section 9.1.1.2 and distinct contributions to the field, the profession, or the University through a record of service as defined in Article 9, Section 9.1.1.3.

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 CRITERIA

9.1.1. The criteria by which performance is to be judged shall be:

9.1.1.1. Teaching

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.

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. For librarians, satisfactory evidence of instructional effectiveness includes documentation of the ability to perform at a professional level in areas that contribute to the educational and research mission of the university, such as: reference service, collection development, bibliographic organization and control.

9.1.1.2. 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,

(5) Performances or exhibitions.

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.

9.1.1.3. 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.

9.1.1.4. The faculty of each college, in agreement with its Dean, shall establish specific elaborations of the criteria set forth by April 15, 2006. Such elaborations must be approved by the Provost, be applied fairly and equitably to all members in that college. College elaborations cannot be in 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 Provost.

9.1.1.5 The faculty of each department, in agreement with its Chairperson, shall establish specific elaborations of the criteria and college elaborations thereon set forth by April 14, 2007. Such elaborations must be approved by both the dean of that department's college and the Provost, 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 Provost.

9.1.1.6 Letters of expectation issued to incoming faculty shall be consistent with the elaborations established by 9.1.1.4 and 9.1.1.5 with the signed approval of the Department Personnel Committee (DPC), Chair, Dean and the member. In the rare instance when the letter of expectations is inconsistent with the College or Department elaborations, the letter must be approved and signed by the DPC, Chair, Dean and the Provost. Letters that are inconsistent with the established elaborations shall be identified as such and treated as the applicable elaborations for the specified member.

9.1.1.7 All faculty members are required to submit the Annual Report of Professional Activity (ARPA) no later than the date specified by the employer’s designee on the Academic Personnel Timetable.

9.2. Evaluation Process for Tenure, Promotion, and Renewal

9.2.1. In all reviews for tenure and promotion, and renewal, 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 consistent with the elaborations referred to in sections 9.1.1.4, 9.1.1.5 and 9.1.1.6 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

Provost

President.

Each department shall have a Personnel Committee comprised of at least three (3) tenured members of that department elected by the bargaining unit members in that department in accordance with the procedures of that department. If there are not a sufficient number of tenured members of the department to form a committee, the bargaining unit members in the Department shall meet together with a representative of the UT-AAUP and the Department Chairperson to determine a satisfactory alternative that must be approved by the bargaining unit members of the department.

Each college shall have a Personnel Committee comprised of tenured members of the college elected by the bargaining unit members in that college in accordance with the published by-laws of that college.

The University Committee on Academic Personnel shall consist of ten (10) 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 bargaining unit members within the college. 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. Effective academic year 2001-02, no one holding a position of Chairperson, Assistant or Associate Dean, and Dean shall serve on the University Committee on Academic Personnel.

9.2.2 Frequency and Timing of Evaluations

9.2.2.1. 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.

9.2.2.2. All tenured members below the rank of Professor shall be considered for promotion in academic rank not less than once every five (5) years.

9.2.2.3. All evaluations shall be processed according to the schedule and on the forms prescribed by the Provost annually at the beginning of the academic year after effective consultation with UT-AAUP.

9.2.2.4. In cases of promotion or tenure a member may withdraw from the evaluation process described in sections 9.2.1 through 9.2.3.9 at any time but shall thereby forfeit all claims for that year, including tenure if in the last year of probationary service.

9.2.2.5. Notification of non renewal of members without tenure shall be given in writing by the President or the President's designee in accordance with the following standards:

9.2.2.5.1 Not later than March 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.

9.2.2.5.2 At least twelve months before the expiration of an appointment after two or more continuous years of service in such position.

9.2.3. The Review Process

9.2.3.1. 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 evaluation of the member’s performance. The Dean's evaluation and decision will be forwarded to the Provost.

9.2.3.2. 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 Provost. Such dossiers shall include:

(1) An up-to-date résumé.

(2) A detailed narrative statement for each evaluation criterion, as specified in Article 9.1.1, 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, promotion, and renewal, all previous annual evaluations for the past five (5) years or portion thereof that the member has been employed by the University.

(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. Items shall only be added to the dossier with a corresponding cover letter specifically identifying the item(s) and date of addition. Thereafter, the file shall be considered sealed and all subsequent evaluators shall make their judgments based on the file as presented. All evaluating units have the right to request in writing to the member a clarification of dossier contents, but “clarification” shall not require additional documentation or materials to be submitted by the member.

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 employer’s designee until the grievance procedure under Article 19.0 is exhausted.

9.2.3.3. 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.

9.2.3.4. 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 Provost shall have a similar meeting with the UCAP.

9.2.3.5. 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.

9.2.3.6. 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. 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.

9.2.3.7. 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 reconsiders 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.

9.2.3.8. 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.

9.2.3.9. It shall be the duty of each evaluating unit to make an independent judgment about the merits of each candidate. However, each evaluating unit must consider the record as a whole and give due weight to decisions made at lower levels. Any deviation from the decision at a lower level must be explained in writing. 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.

9.3. EVALUATION PROCESS FOR DEPARTMENTAL MERIT INCREASE

The evaluation procedure described below is the process for departmental merit increase 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.

9.3.1. At each level of recommendation specified herein, evaluation of the member’s overall contribution shall be based on the following areas. The percentage ranges listed for each criterion shall be the weight evaluators give to it, with the sum of the three assigned percentages totaling 100%. (see section 9.3.2)

	Minimum %	Maximum %
Teaching or librarianship (including academic advising)	35%	70%
Professional Activity	20%	55%
Service	10%	30%

9.3.2 In all reviews for departmental merit increase, peer judgments shall have a significant role. Each of the following units shall make an independent, fair and equitable recommendation on the matter being considered and provide a written rationale for decisions.

Department Personnel Committee

Department Chairperson

College Dean (only when Section 9.3.5 applies)

The 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.

In judging a member's performance each unit shall abide by the criteria set forth in 9.1 and all approved college and departmental elaborations on those criteria. Each unit shall honor the evaluation weights as assigned in Section 10.3.1.2 in calculating the member’s merit score.

9.3.3. The DPC shall base its recommendation on the information presented on the faculty member’s Annual Report(s) of Professional Activity for the time period(s) under review and documents submitted in accordance with established policies and/or elaborations. Any faculty member who fails to make a timely submission of the ARPA will be ineligible for consideration for a departmental merit increase. Neither the faculty member nor the UT-AAUP can grieve the faculty member’s ineligibility for consideration for a departmental merit increase.

9.3.4. The DPC shall transmit its written evaluation and recommendation to the Department Chairperson.

9.3.5. The initial determinations of departmental merit made by the DPC will be reviewed by the Department Chairperson. If there is disagreement among them, they shall meet and resolve their differences. Following the review by the Chair and any meeting to resolve differences between the DPC and the Chair, the members will then be apprised of their scores, including any unresolved scores between the Chair and the DPC. If the DPC and the Chair were in agreement and a member requests reconsideration, under Article 9.3.6, then the member shall meet with the DPC and the Chair jointly. If the DPC and the Chair could not agree, then a member requesting reconsideration shall meet with each evaluating unit separately. Following the reconsideration meeting(s) the result(s) will then be forwarded to the Dean for review. If differences continue to exist between the DPC and the Chair, there shall be a meeting of the DPC, the Chairperson and the Dean. If differences cannot be resolved, then they shall be settled by a vote of the DPC, the Chairperson and the Dean, each entity having one vote. Scores that are reached by a vote of the DPC, the Chairperson and the Dean shall not be subject to Section 9.3.6 but they may be grieved under Article 19.0.

9.3.6. The member being evaluated shall have the right to request, in writing, within five (5) days of the evaluation and recommendation being sent to the member that the DPC and/or the Chairperson reconsider the member's case. Such request must identify the specific error(s) in the evaluation and explain why it/they are incorrect. 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 of the next higher level until the reconsideration has occurred. Absent a request for reconsideration, the review process shall go forward.

9.3.7. Members may continue to add to their ARPA until five (5) days after evaluation by their Department Personnel Committee and Chair as set forth in section 9.3.5. Thereafter, the file shall be considered sealed and all subsequent evaluators shall make their judgments based on the file as presented.

9.3.8. In awarding the departmental merit increase, calculations of merit shall be made on the basis of a scale of 0 to 5 (5 being the highest score), with decimals allowed (tenths). In determining the above, each criterion will be assigned a score on a scale of 0 to 5 with the percentages in 9.3.1 used as multipliers to arrive at the final merit number. 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.

9.3.9. When the merit 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. If a grievance has been filed, the file shall be kept intact in the custody of the employer’s designee until the grievance procedure under Article 19.0 is exhausted.

9.3.10. If for the year under review, the faculty member was on leave for the entire year, then merit will be assigned for that member in the following manner:

9.3.10.1 For the faculty members on sabbatical leave, merit scores in teaching and service will be the average of the previous three years of evaluation in those areas. Merit scores in professional activity will be evaluated on the same basis as other faculty members

9.3.10.2 For faculty members on medical leave or on leaves consistent with the Family Medical Leave Act, excluding the Maternity/Paternity Leave as described in 14.1.3, merit scores in all three areas will be scored as the average in each area for the previous three years.

9.3.10.3 For faculty members on Special Assignment Leave, as described in 14.2.2, a written agreement will be reached among the member, Departmental Personnel Committee, and the Chair as to which areas will be treated as an average of the previous three years, and which areas are to be evaluated on the same basis as other faculty members.

9.3.10.4 A member on any other unpaid leave is not eligible for merit during the time they were on leave.

9.3.11 For those members on leave for one (1) Academic semester, the evaluators will apply the relevant procedure in 9.3.10 to represent the score for the member’s leave. For the semester when the member is not on leave, the evaluation will follow the same process as other faculty members. Faculty on Maternity/Paternity Leave under Section 14.1.3 shall be evaluated pursuant to Section 14.1.3.6.

9.4. EVALUATION PROCESS FOR DEAN'S MERIT INCREASE

9.4.1. If funds are designated for the Deans' Merit Pool, such merit decisions shall be non-grievable except for grounds of procedure. Procedure shall mean compliance with the following.

9.4.1.1. 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.

9.4.1.2. Individuals may be nominated either by others or by themselves.

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.

9.5 SPECIAL ASSESSMENT

9.5.1. When the appropriate Dean or the Provost 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.

9.5.2. If, following the meeting described in 9.5.1, the Dean or the Provost 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.

9.5.3. 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 17.0.

9.6 PERSONNEL FILES

9.6.1. The official personnel file for members shall be that which is maintained in the Office of the Provost.

9.6.2. The employer’s designee shall, upon request of a member, make available for inspection and copying any and all documents in the member's personnel file.

9.6.3. In order to preserve confidentiality, the employer’s designee shall remove all letters of recommendation on the member prior to the member's examination of the member's file.

9.6.4. 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.

9.6.5 Challenges to the propriety of documents in the member's personnel file shall be addressed in writing to the employer’s designee who shall issue a written decision.

9.7 PROFESSIONAL ASSESSMENT

9.7.1 The purpose of this assessment shall be to evaluate the member's overall performance including 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 with additional comments from the CPC, Dean and the Provost. (See Appendix B)

9.7.2 The materials to be considered in a Professional Assessment include a current CV, annual reports of professional activity covering the last five years, merit evaluations from the last five years, promotion or tenure evaluations, and all currently existing documentation of instructional effectiveness (e.g. student evaluations of teaching) from the last five years. Faculty are encouraged to submit a self-evaluation that addresses the criteria found in Article 9.1 future goals, and/or a summary of performance and other materials they deem appropriate.

9.7.3 The format and schedule for such professional assessments shall be published annually at the beginning of the academic year by the Provost after effective consultation with UT-AAUP. The Dean of each College shall maintain a list that will be sent annually to the Departments; the list will notify each tenured member of the year in which their post tenure review will occur.

9.7.4 Each tenured member shall receive a review every five (5) years except in the cases identified in 9.7.5.

9.7.5 Tenured member’s shall be placed on a five year rotating cycle following the grant of tenure unless one of the events in this section occur, in those cases the five year rotation will restart from the year of said event. In cases where a member was hired by the University with tenure, said member shall be reviewed five years following the year of their hire date. In cases where a member is returning to the bargaining unit following the end of an administrative appointment, said member shall be reviewed five years following the year they returned to the bargaining unit. In cases where a member is promoted to full professor, said member shall be reviewed five years following the year they were promoted to full professor.

9.7.6 The professional assessment shall provide a comprehensive evaluation of a member’s overall performance, including teaching, service and professional activity. It will also identify the faculty member’s strengths and identify areas, if any exist, for improvements. 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. 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. 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.

9.7.7 All completed assessments, including programs of growth, shall be reviewed by the member, who shall be provided at least five (5) days to append comment before the review is sent to the next level. All completed assessments which have been reviewed by the affected member shall be sent promptly to the next level along with all materials reviewed and any comments by the member’s CPC. The College Dean and the Provost will review the completed assessment and provide additional comments. A copy of the completed assessment and any appended comments by the member shall be retained in the member's official personnel file.

9.7.8 In the cases where areas of improvement are identified fair and equitable steps will be taken to develop programs of growth. Programs of growth that address teaching and service shall run a minimum of one and one half (1½) years. Programs of growth that address 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 17.0. Given the sanctity of tenure, the loss of tenure shall always be the last adverse action to be considered.

9.7.9 Professional assessments may be grieved on grounds of substance and procedure.

ARTICLE 10.0
WORKLOAD

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 decision regarding teaching load assignment between six (6) and twelve (12) credit hours will be arrived at with an understanding between the faculty member and the department chairperson. Section 10.3.2.3 will be used as a basis for determining the teaching load. Further adjustments in teaching assignment can be granted based upon specific justification presented by the faculty member to the department chairperson. ARPAs and department teaching needs shall be the basis for discussion regarding individual teaching assignments. Where the faculty member has been assigned a teaching load of less than 12 hours, the faculty member must submit with appropriate documentation a description of how the assignments made in lieu of teaching were satisfactorily completed. The ARPA may be used for this purpose. 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 or in excess of the maximum stated above may only be made in order to meet the requirements of an external grant or contract or some extraordinary project, by mutual agreement between the member and the member's Chairperson.

10.3.1.2 Assignment of faculty member's overall workload shall be based on the member’s contributions in each of the three areas: teaching, professional activity, and service. The evaluation weights assigned to the three areas in article 9.3.1 shall be linked to the assignment of workload in each of the three areas.

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 unforeseen 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 Chairperson and the Dean shall meet to resolve their differences. If this meeting is unsuccessful, the Provost shall assign a fair and equitable load. The member can grieve the workload imposed by the Provost. A grievance under this section shall be expedited to the external arbitration step of the grievance procedure. (See section 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.

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.

ARTICLE 11.0
INSTITUTIONAL ENVIRONMENT

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.

11.1.7. For the duration of this Agreement, the Employer, pending unforeseeable circumstances, will maintain current practices and financial support for Faculty research through the existing structure of the University Office of Research.

ARTICLE 12.0
COMPENSATION

12.1 Salary Increases for 2004-2005

12.1.1 Each member employed as a member of the bargaining unit on March 31, 2004 and still employed on April 1, 2005 shall receive a one-time lump sum payment of $500.00. Each such member shall also receive an increase to the base salary of 3.0% effective January 1, 2005. Payments to eligible members shall be made within 30 days of ratification.

12.2. Salary Increases for 2005-2006

12.2.1 Each member employed as a member of the bargaining unit on March 31, 2005 and still employed on August 15, 2005 shall receive an increase to base salary of two percent (2%) effective August 15, 2005, and shall be considered for a merit increase in accordance with 12.2.2, and may be eligible for an equity increase as described in 12.2.4. Base salary increases under this section for 12-month faculty shall be effective July 1, 2005.

12.2.2 Departmental merit increases for 2005-2006 shall be effective August 15, 2005 and shall be based on merit evaluation for the academic year 2004-2005 based on principles set forth in Article 9.0. The pool of funds shall be 1.0%, divided among departments in proportion to their contributions to the salary base on March 31, 2005. All increases shall be based upon performance reviews. No across-the-board increases may be recommended or granted at any level of review.

12.2.3 In awarding the departmental merit increases described in section 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.

12.2.4 The funds designated for equity increases shall be in the amount of $200,000. A joint labor management equity committee shall be formed by September 15, 2005, and shall determine member’s eligibility and amounts of equity to be awarded by December 15, 2005, based exclusively upon: the salary benchmark data that has been jointly collected by the parties; merit history; years in rank; and internal equity issues. Members who are not initially determined eligible may appeal directly to the joint labor management equity committee; members may not appeal the amount of equity to be awarded. The committee shall hear and decide all appeals by February 15, 2006 and shall post on that day the final list of eligible members and amounts of equity pay awarded to each. The determination shall not be subject to the grievance procedure. Equity payments shall be made to eligible members in the first pay period of March 2006 and will be retroactive to August 15, 2005 for eligible members still employed in March 2006.

12.3. Salary Increases for 2006-2007

12.3.1 Each member employed as a member of the bargaining unit on March 31, 2006 and still employed on August 14, 2006 shall receive an increase to the base salary of 2.0% effective August 14, 2006, and shall be considered for a merit increase in accordance with 12.3.2 and may be eligible for an equity increase as described in 12.3.4. Base salary increases under this section for 12-month faculty shall be effective July 1, 2006.

12.3.2 Departmental merit increases for 2006-2007 shall be effective August 14, 2006 and shall be based on merit evaluation for the academic year 2005-2006 based on principles set forth in Article 9.0. The pool of funds shall be 1.5%, divided among departments in proportion to their contributions to the salary base on March 31, 2006. 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 increases described in section 12.3.2 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.

12.3.4 The funds designated for equity increases shall be in the amount of 1.5% of the total bargaining unit member’s base salaries as of March 31, 2006 plus $250,000. A joint labor management equity committee shall be formed by September 15, 2006, and shall determine member’s eligibility and amounts of equity to be awarded by December 15, 2006, based exclusively upon: the salary benchmark data that has been jointly collected by the parties; merit history; years in rank; and internal equity issues. Members who are not initially determined eligible may appeal directly to the joint labor management equity committee; members may not appeal the amount of equity to be awarded. The committee shall hear and decide all appeals by February 15, 2007, and shall post on that day the final list of eligible members and amounts of equity pay awarded to each. The determination shall not be subject to the grievance procedure. Equity payments shall be made to eligible members in the first pay period of March 2007 and will be retroactive to August 14, 2006 for eligible members still employed in March 2007.

12.3.5 Under sections 12.2 and 12.3, when a member of the bargaining unit working 9 months receives a salary increase effective at the start of the Academic Year (August 15, 2005 and August 14, 2006), members of the bargaining unit working 12 months will receive corresponding salary increases effective at the start of the Fiscal Year (July 1, 2005 and July 1, 2006).

12.4 All increases provided in sections 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 section 12.9.

12.5 Compensation for overloads shall follow historical patterns. Such overloads shall be voluntary.

12.6 Compensation for teaching in a Summer Session will be % of the current academic year (9 month) salary, excluding any stipends, for one (1) credit hour of instruction. Teaching a total of six (6) credit hours will be considered full-time.

12.7 The employer reserves the right to adjust a member’s salary beyond the negotiated levels to retain the member and/or to counter bona fide offers of employment. Funds for such increases shall come from outside of those negotiated within this Agreement. When such an adjustment is proposed, the Provost or his/her designee will immediately provide UT-AAUP with written notice of the proposed adjustment and/or evidence of a bona fide offer to the affected member before any decision is finalized by the Provost or his/her designee. Prior to approval for an adjustment by the Provost there must be mutual agreement amongst the Department Personnel Committee, Department Chairperson and appropriate Dean.

12.8 A member promoted in academic rank shall receive an increase to annual base salary on the effective date of promotion as follows:

2004-2007 Academic Years
To Assistant Professor	$2,250
To Associate Professor	$2,630
To Professor	$3,450

12.9 Notwithstanding the above provisions, effective August 15, 2005, no member shall be paid less than the following annual salary for a 9-month appointment:

2005-2007 Academic Years
Instructor	$41,000
Assistant Professor	$45,000
Associate Professor	$51,000
Professor	$60,000

ARTICLE 13.0

BENEFITS

Section 13.1 To be negotiated through the Joint Benefits Committee

13.2 OTHER INSURANCE

13.2.1 The Employer will continue to provide members term life and accidental death and dismemberment insurance at no cost to the member in the amount of 2.5 times salary for those on nine (9) month appointment and 2.045 times salary for those on twelve (12) months appointment, rounded upward to the next highest $1,000. Supplemental and dependent life insurance may be purchased at group rates.

13.2.2 Members shall continue to be covered, for the life of this Agreement, by travel insurance as was in effect on March 30, 1993 or equal.

13.3 RETIREMENT

Members will continue to be enrolled in either:

13.3.1. The State Teachers Retirement System (STRS) as per statute. Employee contributions will continue to be "picked up" from the member's pay and paid to the retirement system on a pre-tax basis; or

13.3.2. (for members hired on or after February 1, 1999 who timely elect under the terms of the plan) in an alternative retirement plan, authorized by law and adopted by the UT Board of Trustees pursuant to statute. Contributions to such alternative plan will be governed by the terms of the alternative plan adopted by the Board.

13.4 TAX SHELTERED ANNUITIES

The Employer agrees that, pursuant to Internal Revenue Code (IRC) Section 403(b), and subject to the restrictions and limitations outlined below, a member may enter into a salary reduction agreement pursuant to which the member will agree to have a reduction in the member's salary and the Employer will forward the amount equal to the reduction in the member's salary to an annuity contract or custodial account that is qualified under IRC Section 403(b) (a "tax-sheltered annuity" or "TSA"). The following restrictions and limitations apply with respect to such matters:

13.4.1 The Employer may restrict the timing of the member's salary reduction elections to comply with the requirements of federal tax laws. Each member must enter into a written salary reduction agreement which is provided by the Employer.

13.4.2 Members are responsible for limiting the amount of their contributions to the maximum amount that, under the federal tax laws, may be tax-deferred in any year. The Employer may, but is not required to, restrict or limit contributions on behalf of the members to the extent that it believes that the total contributions for a member will exceed the maximum tax-deferral limits in effect for any year.

13.4.3 In accordance with Ohio Revised Code (ORC) Section 9.91, the Employer may require that a minimum of ten (10) salary reduction agreements be established with and maintained by an annuity or custodial account provider or broker in order for the Employer to make contributions to or through such entity.

13.4.4 In accordance with ORC Section 9.91, the Employer may require all tax-sheltered annuity providers or brokers to execute a reasonable hold harmless agreement protecting the Employer from liability.

The Employer will make reports to the Internal Revenue Service (e.g. Form W-2s) and withhold federal, state school district and local income taxes and employment taxes as it believes it is required to do by law.

13.5 COURSE PRIVILEGES

Members may take eight (8) credit hours per semester for undergraduate and graduate courses without the payment of fees. All payments must be approved each term by the Provost. The request for fee payment form must be received in the Office of the Provost at least five (5) days before registration. This benefit is not cumulative. Credit hours not used in one semester may not be used in a subsequent semester.

13.5.1 A member may enroll in a maximum of eight (8) credit hours toward an advanced degree in any semester in which the member is employed full-time.

13.5.2 Members with nine (9) month appointments, who have been in residence for one academic year, and who have an appointment for the following academic year may

13.5.2.1 Elect to study full time during the summer term with no University responsibilities and may have the fees for a maximum of eight (8) credit hours at the University paid by the University during any summer term.

13.5.2.2 Be employed in Summer Session I or II and earn credit towards an advanced degree only in the summer term in which they are not employed and a have a maximum of four (4) credit hours at the University paid by the University during any summer term.

13.5.2.3 Be employed in Summer Session III or IV and earn up to seven (7) credit hours towards an advanced degree during the summer term by enrolling in no more than one (1) course in summer sessions I and II and have fees paid for a maximum of four (4) credit hours for the term.

13.6 DEPENDENT TUITION WAIVER

13.6.1 For the purpose of this article, spouse shall be defined as the legal spouse of a member. The spouse of a member shall not be eligible for fee payment benefits until the member has completed one academic year of University employment.

13.6.2 For the purpose of this article, dependent shall be defined as an individual dependent child who is eligible to be considered a personal exemption under the current provisions of § 151 of the Internal Revenue Code. The dependent child of a member shall not be eligible for fee payment benefits until the member has completed one academic year of University employment.

13.6.3 Payment of academic fees shall include instructional fee, matriculation fee, application fee, tuition surcharge, recording fee, music fee, college-level examination program examination fee and general education development examination fee. Spouses and dependents are responsible for payment of technology fees and transcript/graduation fees.

13.6.4 The spouse of a member hired prior to December 31, 1995 shall be eligible for payment of the general fee and all academic fees, except the special music fee, for undergraduate courses. The spouse of a member hired by the University after December 31, 1995 shall be required to pay all general fees, except the special music fee.

13.6.5 The dependent child of a member shall be eligible for payment of all academic fees for undergraduate courses.

13.6.6 In the case of the death of a member who has completed five (5) years of service with the University, the fee payment entitlement shall continue for the surviving spouse so long as the spouse has not remarried, and for any dependent children of the decedent, including any child conceived but not born at the time of the member's death. Fee payment benefits for the surviving spouse and/or children of a deceased member shall be administered in accordance with the collective bargaining agreement in effect at the time the entitlement is used.

13.6.7 Members are eligible to register without cost for technology training courses offered through the Organization and Leadership Development Department. Spouses of members may enroll without cost in such technology training courses based upon available space as determined by the Director of Organization and Leadership Development. Members and spouses are eligible to register without cost for fitness courses through the process coordinated through the Human Resources Benefits Office.

13.6.8 Examination and Diploma Fees

Fees may be waived for college-level examination program and general educational development examinations administered by the University. The University will waive payment for up to 75 hours of earned credit hours for passing any or all of the five examinations.

All fees may be waived for advance standing examinations except the national league of nursing exam in which only the recording fee may be waived.

The diploma fee will not be waived.

13.6.9 If the fee benefits covered in article 13.6.1 through 13.6.8 are increased for other groups of University employees, these increases will apply to this bargaining unit also.

13.7 PARKING

The Employer will provide members with optional on campus parking privileges. The charge for this privilege shall be $56.00 per year which may be paid via payroll deduction.

13.8 RECREATION/PHYSICAL FITNESS FACILITIES

Members may continue to utilize campus recreation/physical fitness facilities in accordance with policies in effect on March 30, 1993.

13.9 PAY OPTIONS

The Employer will provide full-time, 9 month members with the option of receiving their academic year salary on a 26 (27 every 10th year) bi-weekly pay plan.

13.10 DIRECT DEPOSIT

The Employer will provide for automatic direct deposit from a member's paycheck in a bank or credit union account via the Financial Institution Clearing House with a limit of two (2) such deposits per paycheck.

13.11 DISABILITY INSURANCE

The Employer will cover members with long-term disability insurance. Said insurance will “wrap-around” similar coverage provided by the State Teachers Retirement System and will provide, after 180 continuous calendar days of disability or the exhaustion of the employee’s sick leave, whichever occurs later, 70% of base salary until the disability is removed, upon death, or the date the member’s current earnings exceed 80% of their indexed pre-disability earnings, or exhaustion of the maximum benefit period, whichever occurs first. When the member becomes eligible to draw upon this insurance benefit, the member will be placed in inactive pay status and shall cease to earn salary, leave or other benefits.

13.12 PROFESSIONAL LIABILITY INSURANCE

The Employer shall maintain, for the life of this Agreement, its professional liability insurance policy in effect on March 30, 1993, or equal.

13.13 T.I.R.E.S.

The Employer will, for the life of this Agreement, continue its membership in the Toledo Industrial Recreation Employee Service Council (T.I.R.E.S.).

13.14 TICKETS TO UNIVERSITY EVENTS

The Employer shall, for the life of this Agreement, maintain its policy, as of March 30, 1993, on the purchase price for faculty of tickets to athletic and certain other events.

13.15 BENEFITS INFORMATION

Members shall be provided with written descriptions of all benefit programs available to them within ninety (90) days of the effective date of this Agreement and on an annual basis thereafter.

ARTICLE 14.0
LEAVES

14.1 PAID LEAVE

14.1.1 Sick Leave

14.1.1.1 Members shall earn sick leave at the rate of 0.575 days for each completed bi-weekly period of service in pay status. There is no limit on the amount of sick leave which may be accumulated.

14.1.1.2 Members who retire with ten (10) or more years of service with the University, or die, shall be paid for up to thirty (30) days of accumulated and unused sick leave if employed by the University before July 1, 1993 or for up to twenty (20) days of accumulated and unused sick leave if employed on or after July 1, 1993.

14.1.1.3 Members shall use sick leave for absence due to personal injury, illness (including maternity related disability and adoption of pre-school children) and exposure to contagious disease which could be communicated to other employees and for serious illness or injury to a member of the member's immediate family defined as spouse, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, or a legal guardian or other person who stands in the place of parent (in loco parentis).

14.1.1.4 The federal Family and Medical Leave Act of 1993 (FMLA), as amended, shall be followed. If the member’s use of sick leave described in 14.1.3 qualifies as an FMLA leave, the sick leave and the FMLA will run concurrently.

14.1.1.5 Members on paid sick leave will receive their regular compensation during the period of leave, including any salary increases, promotions, awards of tenure, or any other rights which they would have received had they not been on sick leave.

14.1.1.6 When a member is unable to report to work the member shall promptly notify the member's department chairperson or equivalent supervisor and, if possible, indicate an expected time of return.

14.1.1.7 When absence has exceeded fifteen (15) consecutive calendar days the member, as a condition of returning to work, shall present a release from the member's personal physician, stating that the member is fit to return to work, to the Employer’s Designee. The Employer’s Designee may confirm said release with member's personal physician.

14.1.1.8 Members seeking to utilize sick leave shall not routinely be required to state the nature of the illness. However, members exhibiting an abusive pattern of absences may be required to submit a physician's statement to the Employer’s Designee, justifying use of sick leave.

14.1.1.9 A Sick Leave Bank assists employees who are unable to perform their job duties as a result of a catastrophic personal illness or a personal injury. If the employee is not eligible to receive long-term disability insurance, the employee must exhaust all existing sick and vacation leave balances before enjoying access to the Sick Leave Bank (Appendix C). Once the employee is eligible to receive long-term disability insurance, he/she will no longer be eligible for Sick Leave Bank benefits. The award or denial of sick leave bank credits shall not be subject to the grievance procedure.

14.1.2 VACATION

14.1.2.1 Members on twelve (12) month appointments only shall accrue vacation leave at the rate of two (2) days per month of full-time service. Use of vacation leave when requested by a member is subject to the approval of the member's department chairperson or other immediate supervisor and may not interfere with the teaching of the member's scheduled courses.

14.1.2.2 Members who are entitled to earn and accrue vacation leave may accrue up to seventy-two (72) days if on the University's full-time payroll before July 1, 1993 and forty (40) days if employed thereafter.

14.1.2.3 When a member terminates employment at the University or changes to a nine (9) month appointment the member shall be paid for up to forty-eight (48) days of accrued vacation leave if on the University's payroll before July 1, 1993 and twenty (20) days if employed thereafter.

14.1.2.4 The University shall not be obligated to pay compensation for accrued vacation to terminating members who give less than thirty (30) days notice of resignation.

14.1.3 FACULTY MATERNITY/PATERNITY LEAVE

14.1.3.1 Eligibility – In recognition of the unique nature of the workload and role of faculty, the Employer adopts the following Faculty Maternity/Paternity Leave for members of the Bargaining Unit who experience the birth of a child or adoption of a pre-school age child. This benefit is available to a member beginning with the first day of appointment. In cases where both spouses are members of the Bargaining Unit, only one of the spouses is eligible for leave under this section. No more than two (2) paid leaves under this section may be granted to a member (or collectively to both spouses, if both are employed by the University) during employment. Such leave will run concurrent with a member’s twelve (12) weeks of FMLA leave.

14.1.3.2 Leave – The employer will provide paid Faculty Maternity/Paternity leave to an eligible member for a period of up to one academic semester upon the birth or adoption of a child. During such leave, the member will receive full salary and benefits. For 9-month faculty, leave may be taken in either Fall or Spring semester. For 12-month faculty, leave may be taken in either Fall or Spring semester or Summer term.

14.1.3.3 Upon confirmation of pregnancy or adoption, a member who intends to request leave under this section must provide his/her Department Chair with written notification of the pregnancy or intention to adopt and a certificate from the treating physician or adoption agency identifying the expected time of childbirth or adoption as soon as is reasonably practical to provide appropriate time for all parties to plan for the expected leave. To request leave under this section, the member must submit a leave request form to his/her Department Chair. The Chair will process the request for leave by forwarding the form to the appropriate Dean or Administrator and to the Employer’s Designee. The approved leave form will specify the period for which leave has been requested and approved under this article. Thereafter, any requested change in the date of return by the member must be communicated to his/her chair in writing at least thirty (30) days prior to such date. Any request for additional time will be reviewed under Sections 14.1.1.3 of this article.

14.1.3.4 For each semester a bargaining unit member uses leave under this article, he/she is obligated to return to full time service at the University for one academic year or reimburse the University for the salary they received while on leave. In exceptional circumstances, the University may waive this requirement, for example in cases of the birth of a severely disabled child, whereby the faculty member is not able to return to work, or whereby the mother is permanently incapacitated following the birth.

14.1.3.5 Impact on Probationary Period - An untenured faculty member who takes leave under this section before being reviewed for tenure can request in writing that her/his probationary period be extended. This process will effectively stop her/his "tenure clock" and grant the faculty member an additional semester that will be added to her/his probationary period. A form will be placed into the faculty member’s dossier to note such stoppage of the tenure clock. The maximum time allotted for extension of the probationary period will be a total of two semesters (i.e. for two separate maternity/paternity leaves).

It should be noted that the evaluation for tenure is an annual process governed by the collective bargaining agreement. Therefore, a faculty member who stops his/her tenure clock will be evaluated in the seventh year.

14.1.3.6 Evaluation - All evaluations of teaching, professional activity, service, used for promotion, renewal, merit, dean’s merit, professional assessment and/or special assessment, shall remain unaffected by leave under this article except for in the manner described below. No negative impact shall occur in any evaluation as a result of such leave.

For the purpose of annual evaluation, a faculty member who takes leave under this section will only be evaluated for one semester (the semester in which she/he was not on such leave) and the score she/he receives will be based only on that semester. If a faculty member on leave under this section feels that she/he received a negative evaluation because of such leave, he/she may grieve the evaluation.

14.1.4 JURY DUTY

Members who are called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal, will be allowed time away from work with pay for such purposes. Members shall present a copy of the appropriate notice to appear to their department chairperson or other immediate supervisor and, when possible, do so at least three (3) work days prior to the date the member is to be absent from work. Upon returning to work, the member shall present appropriate documentation of the member's appearance.

14.1.5 HOLIDAYS

14.1.5.1 Members shall observe the holidays specified in Sections 124.19 (A) & (B), Ohio Revised Code, as it may be amended, on the same dates as are determined by the University for the academic calendar. A holiday that falls on a Saturday will be observed on the preceding Friday. A holiday that falls on a Sunday will be observed on the succeeding Monday.

14.1.5.2 Since many religious observances occur on days not designated as legal holidays, the University shall be flexible in accommodating member’s religious observances.

14.1.6. SABBATICAL LEAVE

14.1.6.1 A member shall be eligible to take a sabbatical leave in the member's seventh or later year of full-time service and again every seventh year after receiving a sabbatical leave.

14.1.6.2 The purpose of a sabbatical leave shall be to enable the member to pursue interests which contribute to the member's professional development through research, study, writing, or the acceptance of special assignments or fellowships and similar activities which will enhance the performance of the member's academic duties.

14.1.6.3 A sabbatical leave may be granted to accept a temporary foreign teaching assignment or a recognized grant. In such cases the sum paid by the University shall be the difference between the grant or foreign salary and the member's regular University salary.

14.1.6.4 Sabbatical leaves shall not be used for the purpose of carrying out the paid duties of a faculty member at another college or university in the United States of America or to complete requirements for a higher degree.

14.1.6.5 A member may seek a sabbatical leave by submitting a formal application and proposal to the member's department chairperson. The department chairperson shall review the proposal and affix a recommendation to the dean of the member's college. The dean shall then review the proposal, affix a recommendation and forward the proposal and all recommendations to the University Committee on Sabbaticals (UCS), which will make its recommendation to the Provost, who will in turn make recommendation to the President. Members shall be notified of all recommendations on their sabbatical applications at the time those recommendations are sent forward.

14.1.6.6 Applications must be submitted in the year preceding the one in which the sabbatical leave is to be taken. Applications shall be processed according to the schedule and on the forms issued by the Provost, after effective consultation with UT-AAUP, annually at the beginning of the academic year.

14.1.6.7 The formal application shall include a statement concerning the activity which the member proposes to pursue during the sabbatical leave, the purpose of such activity, the length of time for which leave is sought, and the dates of the proposed leave.

14.1.6.8 When recommending approval of sabbatical leave proposals, Department Chairpersons and Deans shall also certify that the instructional obligations of the member's department can be met without additional resources. If all applicants in a department cannot be accommodated because of bona fide instructional obligations, positive recommendations shall be determined in the following order:

First, members who have never had a sabbatical;

Second, members with the longest time since their last sabbatical; and

Third, members with the longest continuous full-time service in the department.

14.1.6.9 The University Committee on Sabbaticals (UCS) shall consist of ten (10) faculty members who have had sabbaticals at the University, 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 UCS shall serve a term of three (3) academic years beginning July 1, with one third (1/3) of the members retiring each year.

14.1.6.10 The President's recommendations shall be presented to the regular February meeting of the Board. Members will be notified after the Board has approved such leaves.

14.1.6.11 A request for a change in a sabbatical leave proposal before the original leave has been approved by the Board shall result in voiding all recommendations and require that the revised proposal go through the entire review process anew.

14.1.6.12 A request for a change in a sabbatical leave proposal after the original leave has been approved by the Board shall be considered only for changes in dates and then only upon the recommendation of the Provost and the President.

14.1.6.13 Exceptions to the above may be made by mutual agreement of the parties hereto.

14.1.6.14 The compensation schedule displayed below shall be used for members who receive sabbatical leaves:

Duration of Leave	9-Month Faculty	12-Month Faculty
One semester	100% pay	11/12 of 9-month base plus 1/4 of 12-month base
Two semesters	2/3 pay	2/3 of 9-month base plus 1/4 of 52-week base
Three semesters	not applicable	1/2 pay

14.1.6.15 Members who accept a sabbatical leave shall be obliged to return to full time service at the University for two consecutive semesters or the equivalent as enumerated in 14.1.6.1, 14.1.6.2, 14.1.6.3, thereafter or reimburse the University for the salary they received on the sabbatical leave.

14.1.6.15.1 Nine-month faculty members, who return from sabbatical, shall provide full time service at the University for two consecutive semesters excluding summer term.

14.1.6.15.2 Twelve-month faculty members, who return from sabbatical, shall provide full time service at the University for two consecutive semesters including summer term.

14.1.6.15.3 Twelve-month Librarians, who return from sabbatical, shall provide full time service at the University for 32 consecutive weeks, irrespective of term.

14.1.6.16 The President shall determine the number and distribution of sabbatical leaves to be recommended to the Board using the number of sabbaticals granted over the preceding three (3) years as a basic guideline.

14.1.6.17 Within ninety (90) days of completion of a sabbatical leave a member shall submit to the Provost a full written report detailing how the member has fulfilled the terms of the sabbatical leave proposal the member submitted under section 14.1.6.5. A member who fails to submit a satisfactory report shall be required to reimburse the University for the salary received during the sabbatical leave.

14.1.6.18 Sabbatical leaves shall not be considered a break in continuous service.

14.2 PAID OR UNPAID LEAVE

14.2.1 Special Assignment Leave – A Special Assignment Leave (SAL) shall utilize the member’s specialized skill(s) and expertise; said leave may be paid or unpaid.

14.2.2 A “Special Assignment Leave” shall be approved by the Chair and the Dean, whereby the member’s assignment while on said leave is determined to be in furtherance of the College mission. Within ninety (90) days of completion of the Special Assignment Leave a member shall submit to the Chair of the Department and the Dean a full written report detailing how the member has fulfilled the objective(s) of the Special Assignment Leave.

14.3 UNPAID LEAVE

14.3.1 LEAVE OF ABSENCE

14.3.1.1 Members may request leave of absence without pay for any purpose mutually agreed to by the University and the member. A written leave of absence agreement, specifying the purpose and length of the leave must be executed by the member, the member’s chair and the Dean of the member’s college and approved by the Provost. The written agreement shall expressly state whether the leave will be included or excluded from the probationary period as described in 8.1.5. Such leave shall normally be for one (1) calendar year or less, but may be by mutual agreement extended in writing by the University and the member. Such leave shall not exceed two (2) calendar years. Ultimate authority to grant such leave is discretionary with the Board. Ninety (90) days before the expiration of such a leave members must indicate in writing to their department chairperson, or other equivalent supervisor, their intention of returning to work. Once granted, a leave of absence may be shortened only upon agreement between the University and the member. A request for such leave shall not unreasonably be denied.

14.3.1.2 Following the birth of a child, that child’s faculty member parent who has exhausted paid sick leave will be entitled to leave without pay for the remainder of the then current academic term for purposes of child care.

14.3.1.3 A member on an unpaid leave of absence does not earn sick leave or vacation. A member on an unpaid family medical leave shall maintain University insurance coverage until the Family Medical Leave expires. A member on an unpaid leave of absence shall have the option to maintain University insurance coverage at the group rates at the member’s expense. A member shall accrue seniority on such leave.

14.3.2 MEDICAL LEAVE

A leave of absence without pay may be granted to any member for medical reasons, when justified by their state of health and when recommended by their physician(s). Unpaid Medical leave may begin only after all accumulated sick leave has been used. Such leaves may not exceed two (2) calendar years. A member shall submit a release from their physician stating that the member’s state of health is such that the member may return to work to the Employer’s Designee prior to the member returning to work. A member must return to work when released by his/her attending physician in order to retain employment status. Notice of at least ninety (90) days shall be required for return to active status, unless waived by the University.

A member on a medical leave does not earn sick leave or vacation. A member who is on an unpaid family medical leave shall maintain University insurance coverage until the Family Medical Leave expires. A member on a medical leave after the expiration of a Family Medical Leave shall have the option to maintain University insurance coverage at the group rates at the member’s expense. The members shall accrue seniority while on such leave.

14.4 ABSENT WITHOUT LEAVE / FAILURE TO RETURN FROM APPROVED LEAVE

A member who absents him or herself from duty without an approved leave of absence under this Article or who fails to return to duty at the conclusion of a leave approved under this Article is subject to Corrective Action under the provisions of Article 17.

ARTICLE 15.0
OUTSIDE EMPLOYMENT

15.1 "Outside employment" means employment, including self-employment, which is not contracted for through the University and for which any remuneration paid is not paid through the University.

15.1.2 Members are expected to devote their professional efforts during the academic year to regular University assignments. A member may with prior written administrative approval, which shall not be unreasonably denied, devote additional time to other professional pursuits. Approval will not be denied unless it can be established that outside activity will interfere with members' University responsibilities.

15.1.3 A member who intends to engage in outside employment shall promptly report in writing the nature and extent of the proposed commitment to the member's department chairperson or appropriate supervisor on the annual reporting form. Such reporting shall be renewed each academic year. Such reporting will only be required on an annual basis unless the extent of outside employment changes significantly in the interim. The chairperson or appropriate supervisor shall forward a copy of all approved applications to the appropriate dean and the Provost.

15.1.4 A member engaged in outside activities, with or without compensation, shall not use the name of the University to suggest institutional endorsement or support of a non-University enterprise nor the name of the University on stationery, business cards, or promotional literature for such outside activity. However, the member can utilize his University title for identification purposes. A member shall not teach regular classes at another college or university during the academic year without prior written approval by the Provost.

15.1.5 Before University space, services, supplies or equipment may be used in the performance of any outside activity, written permission must be obtained in advance from the President. Appropriate fees must be paid to the University for any such space, services, supplies or equipment used.

ARTICLE 16.0
PATENTS AND COPYRIGHTS

16.1 PATENTS

16.1.1 By virtue of section 3345.14 ORC the University has all right, title and interest to, and is the owner of all inventions made solely or jointly by its employees, including patent rights thereon, which result from systematic and sustained research or investigation conducted in any experiment station, bureau, laboratory or research facility of the University, subject to the exceptions defined in section 16.1.3 below.

16.1.2 Any invention made solely or jointly by University employees which does not result from systematic and sustained research or investigation conducted in any experiment station, bureau, laboratory or research facility of the University shall remain the property of the employee(s), subject to the exceptions defined in section 16.1.3 below.

16.1.3 The University may contract for sponsored research or investigation which includes the use of its facilities and/or employee's services and in which the ownership of inventions and patents resulting from such sponsored research is at variance from sections 16.1.1 and 16.1.2 above. In such event it shall be the duty of the Board, or its appointed designees for such matters, to notify all employees performing such sponsored research under the terms of such contract.

16.1.4 Recognizing that time is of the essence in the protection of the legal interests of both the University and its employees in their inventions, it shall be the duty of each member to:

16.1.4.1 Report in writing to the body established by the Board to consider patent matters all patentable inventions resulting from research or investigations made as set forth in sections 16.1.1 and 16.1.2 above or under sponsored research as set forth in section 16.1.3 above. Such report shall include all the information requested in a standard disclosure form promulgated by the Board, or its appointed designees to consider patent matters.

16.1.4.2 Cooperate with the Board, or its appointed designees, to enable its evaluation and disposition of the submitted invention.

16.1.4.3 Cooperate with agents of the Board to secure all legal protection for such inventions, including preparation and signing of all papers attendant thereto.

16.2 COPYRIGHTS

16.2.1 A copyrightable material or work shall be owned by the member when it is originated by the member without the significant use of or without significant financial support from University facilities or agencies. Such materials or works shall include member-authored books, journal articles, research studies, computer software, musical works, syllabi, workbooks, examinations, and tests.

16.2.1.1 "Significant use" shall mean the use of University-owned facilities or agencies by the member, without payment to the University, in which more than fifty percent (50%) of the cost of creating the work in its final form is borne by the University. "Significant financial support" shall mean University financial support in the form of money or released time beyond the normal assignment or salary which constitutes over fifty percent (50%) of the cost of creating the work in its final form.

16.2.2 A copyrightable material or work shall be owned by the University if:

16.2.2.1 The work is prepared by a member, entirely as a part of the member's designated duties as an employee, as a work made for hire; such works made for hire as a part of the member's designated duties shall not include those originated by a member as described in section 16.2.1 above.

16.2.2.2 The author or creator of the material or work has been specially ordered or commissioned by the University to create or produce the materials for which the member received compensation from the University other than and in addition to normal assignment or salary from sources administered by the University or State of Ohio.

16.3 The legal title to all University owned inventions and copyrightable works and materials upon creation shall be vested in the University. Such title shall be vested either by operation of law or by express assignment of patent or copyright by the inventor or author.

16.4 In the event that income is derived through the external licensing, use, sale or other disposition of University owned inventions or copyrightable works or materials, such income shall be allocated as follows:

16.4.1 The inventor(s) or author(s) of such income producing inventions or copyrightable works or materials will be first reimbursed for any direct out-of-pocket expenses incurred in the preparation of such inventions or copyrightable works or materials, provided that the necessary records and receipts are submitted to and approved by the Provost or designee.

16.4.2 Remaining income, after paying the inventor's or author's direct out-of-pocket expenses, shall be retained by the University until it recovers all its direct expenses associated with the creation of and marketing of the invention or copyrightable work or material.

16.4.3 Further income, after the University has recovered its direct expenses, shall be divided between the University and the inventor(s) or author(s) of the invention or copyrightable work or material on the basis of fifty percent (50%) for the University and fifty percent (50%) for the inventor(s) or author(s).

ARTICLE 17.0

CORRECTIVE ACTION

17.1 The Employer shall not impose discipline except for just cause. The employer subscribes to the principles of progressive discipline except in instances when summary action is called for. Any disciplinary action shall be predicated upon written charges.

17.2 When the Employer has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall investigate prior to the application of Section 17.3 below. Interviews with the member and others may be conducted during any such investigation. Before any investigative interview occurs with a member under investigation, and/or when a member is advised that he is subject of an investigation under an Employer policy, an Employer representative will advise the member in writing of the member’s right to be represented by the UT-AAUP during any interview and/ or at any meeting or hearing that the member has with the investigating body. An interview conducted pursuant to an Employer policy including but not limited to policies on sexual harassment or misconduct in research, is an “investigative interview.”

Where the member indicates a desire to be represented by the UT-AAUP, the investigative interview or meeting or hearing will not proceed without a UT-AAUP representative in attendance. Notwithstanding, in no event shall the Employer have to delay or postpone a specific interview or meeting or hearing more than once to allow for such representation.

17.2.1 When, in the judgment of the President, or designee, the presence of a member on Employer property presents a threat to the health or safety of the member or other members of the University community or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of any member or of the University community as a whole, the President, or designee, may suspend the member pending the disposition of the disciplinary process provided for under this Article. Such suspension shall be with pay. The President, or designee, may also direct that the member be removed and barred from Employer property.

17.3 The recommendation of any person, committee, panel or council, authorized by Employer Policy to discipline a member (including termination), shall be forwarded to the Office of the Provost. In such event a pre-disciplinary hearing shall be convened to discuss the charges against the member and provide the member with an opportunity to present the member's case. The member shall be given the opportunity to be accompanied by an UT-AAUP representative. The Employer shall notify the member and the UT-AAUP in writing at least seven (7) days prior to the pre-disciplinary hearing, of the purpose of the meeting, the charges under consideration and the member’s right to be accompanied by the UT-AAUP at the pre-disciplinary hearing. Upon written request, the Employer will provide the member or the UT-AAUP any public record as defined in ORC Section 149.43 that the Employer has relative to the charges against the member.

An Employer representative, who has not previously participated in the investigation at issue, will conduct the pre-disciplinary hearing. The member and the UT-AAUP will be provided with notice of the disposition of the charges within thirty (30) days (or such longer time as may be specified in the Employer policy) after the close of the pre-disciplinary hearing. If the disposition includes a recommendation of disciplinary action, such discipline shall be implemented as set forth in section 17.4.

17.4 Reprimands may be issued to a member by the member's dean, the Provost, or the President. Suspension of members may only be issued by the President, or designee. Dismissal of members for cause may only be implemented by a formal written Notice of Dismissal, together with reasons therefore and a bill of particulars, issued by the President. Discipline issued under this article can be grieved on substantive and procedural grounds at the external arbitration level pursuant to section 19.6.

17.5 The Employer and UT-AAUP shall exert their best efforts to keep allegations of sexual harassment made against a member of the Bargaining Unit confidential unless and until a final decision is rendered by appropriate authority determining the guilt or innocence of the member of the Bargaining Unit.

17.6 Evaluations and assessments shall not be construed as discipline.

17.7 In the rare instance, when this Article is used as a result of the process outlined in section 9.7 (Professional Assessment) or section 9.5 (Special Assessment), the Employer recognizes that such use is a last resort. If corrective action is necessary under the cited Articles, it shall be applied after all grievances on the issue have been resolved.

ARTICLE 18.0
FINANCIAL EMERGENCY PRINCIPLES AND PROCEDURES

18.1 Should the Employer reasonably anticipate the existence of a financial crisis of such severity that it cannot be alleviated without terminating the appointments of members ("financial emergency"), the data upon which this anticipation is based and the savings which the Employer deems necessary to effect shall be presented to the UT-AAUP. The Employer shall also provide any relevant additional information in its possession which the UT-AAUP may request within ten (10) calendar days following the receipt of the initial Employer data. The Board shall not act upon recommendations from either party until the Financial Emergency Implementation Committee (FEIC) described below has made its recommendation or sixty (60) calendar days have passed from the Board's full provision of data to UT-AAUP whichever is sooner. No layoff of members will take place until full implementation of this Article is completed.

18.2 Upon declaration by the Board that a financial emergency exists, the Provost or designee and the President of UT-AAUP will be charged with establishing a Financial Emergency Implementation Committee (FEIC) which shall have equal representation by the parties. The Provost or designee and the President of UT-AAUP shall monitor the process and plans of the FEIC and assure that the FEIC accomplishes the following:

18.2.1 make recommendations of alternatives which would result in minimum deterioration of existing academic programs and which would not sacrifice the University's long-term fiscal health in order to solve a short-term financial problem (The FEIC shall not consider the possible methods used to relieve the financial emergency listed below in any kind of priority ranking);

18.2.2 Investigate and recommend ways to relieve the emergency by means of initiating mechanisms for income generation;

18.2.3 investigate and recommend ways to relieve the emergency by means of cost-reduction methods, including: reduction of support staff and administrative personnel and services; encouragement of voluntary early faculty retirement, leaves of absence, and resignations through financial inducements including "buy-out" plans; reduction in internal funds allocated to research and equipment; reduction in the number of graduate assistants; replacement of part-time, visiting, retiring, superannuate, resigning and non-tenured faculty with existing tenured faculty members where qualified to teach, across-the-board concessions with respect to salaries and/or fringe benefits by administrative, staff and faculty personnel; planning and implementation of long-term reduction in size or elimination of colleges, departments or parts of departments, programs or parts of programs where the educational mission of the institution as a whole would not be jeopardized;

18.2.4 Investigate and recommend elimination of inessential activities.

18.3 The FEIC shall make a good faith effort to arrive at its recommendations within a sixty (60) calendar day period from the Board's full provision of data to UT-AAUP regarding the anticipated financial crisis, or any extension thereto which may be granted by the Board.

18.4 If the recommendation involves the reduction or discontinuance of a program, department or college, the FEIC shall establish its priorities based upon the long-term enrollment projections, the role of the programs in fulfilling the missions both of the University as a whole and the continued accreditation of academic units, the effect on joint programs with other institutions and the impact on the students registered in the programs. Should retrenchment in academic programs become necessary, due consideration shall be given to providing for students enrolled in those programs to complete the requirements of the program.

18.5 Should the Board determine that the recommendations of the FEIC are not sufficient to relieve the financial emergency, the Board shall have the right to act on its own initiative as to layoffs but, nevertheless, shall apply the principles specified in this Article. There shall be full disclosure of the financial data, rationale, and resulting decisions based on the Board's deliberations. Efforts shall be continued to encourage early voluntary retirements, leaves of absence and resignations. In the case of members designated for layoff, every effort shall be made to bring about their reassignment, accompanied by appropriate retraining, to open faculty positions in other programs.

18.6 Normal attrition is the preferred approach to the extent that it will assist in relieving the financial emergency. Recognizing that layoff of members is the last action to be taken under financial emergency; the following steps shall be taken in order:

18.6.1 The teaching of overloads in an affected discipline shall be eliminated.

18.6.2 Any category of faculty other than full-time shall be released first.

18.6.3 Non-tenured members in an affected department shall be laid off before tenured members in that department. The order of layoff in a department shall be: non-tenured, non-tenure track and non-bargaining unit faculty starting with part-time faculty and /or visitor’s; member’s of the Lecturer’s bargaining unit within the department, in inverse order of full time continuous service to the University; tenure-track faculty; and tenured faculty.

18.6.4 Tenure-track members in an affected department with the least amount of full-time continuous service at the University shall be laid off in advance of those with more full time continuous University service.

18.6.5 Tenured members in an affected department with the least amount of full time continuous service at the University shall be laid off in advance of those with more full time continuous service.

18.6.6 Where the length of continuous University service is equal, academic rank, if unequal, shall be taken into account, with the person with lower rank preceding a person with higher rank in the order of layoff.

18.6.7 Any tenured member scheduled for lay off who is qualified to teach in a different department or college can "bump" untenured faculty in said department or college.

18.6.8 The Employer shall not appoint new faculty while members are laid off within the periods specified in 18.9 below except in extraordinary circumstances where the FEIC agrees that a serious impairment of retained academic programs would otherwise result and reassignment of faculty members designated for layoff has been considered as a solution.

18.7 Laid off members shall have the right of expedited use of the grievance procedure herein as to whether the principles of this Article have been properly applied in their case.

18.8 If a member is laid off under the terms of this Article, the faculty member shall receive notice, or salary in lieu thereof, in accordance with the following schedule:

18.8.1 At least three (3) months if the final decision is reached by March 1 (or three (3) months prior to the expiration) of the first year of probationary service, if the member is untenured;

18.8.2 At least six (6) months, if the decision is reached by December 15 of the second year (or after nine (9) months, but prior to eighteen (18) months) of probationary service, if the member is untenured;

18.8.3 At least one (1) year, if the decision is reached after eighteen (18) months of probationary service, if the member is untenured;

18.8.4 Completion of the current academic year plus one (1) year, if the member is tenured; provided, nevertheless, that no salary or notice is required beyond the term to which an untenured member has most recently been appointed.

18.9 If an untenured member is laid off before the end of the period of an appointment, or if a tenured member is laid off, under the terms of this article, the University may not fill a position in a discipline in which a released member is qualified to teach unless the released member has been offered reappointment and has been given at least thirty (30) calendar days within which to accept or decline the reappointment. This restriction on filling positions shall be in effect for a period of one (1) year from the date of the layoff of the untenured member, and for a period of three (3) years from the date of the layoff of the tenured member. A member thus recalled shall be recalled with all time restored for seniority and retirement purposes.

18.10 Upon the effective date of layoff of a member, under the terms of this Article, the right of that member's access to space, services, resources and equipment (or their equivalent) to which the member was entitled prior to layoff shall be honored, for a period up to three (3) years, to the extent of availability. Such a laid off member shall have the right to continue to participate, at the member's expense, at the University group rates, in the University's life insurance, medical/dental/vision benefit programs and shall continue to enjoy tuition waiver privileges available to members for a period of up to three (3) years.

ARTICLE 19.0
GRIEVANCES

19.1 The parties agree that, whenever possible, disputes should be resolved informally at the lowest level. To that end, all members and administrators are encouraged to engage in free and open communication in the airing of differences.

19.2 DEFINITIONS

19.2.1 A "grievance" is a complaint or allegation by a member or members, or by the UT-AAUP that there has been a violation, misinterpretation or improper application of the provisions of this Agreement. Unless specifically modified within this Agreement, all provisions of this Agreement are subject to this Grievance Procedure.

19.2.2 The Management may, by written notice, schedule a meeting with the representatives of the UT-AAUP to discuss any issue of concern to the Management regarding the interpretation or application of the provisions of this agreement. If the parties are unable to resolve the issue, the Management may, within twenty (20) days, following the meeting of the parties, submit the issue to external arbitration under section 19.3.6.2 et seq.

19.2.3 The time limits indicated in this Article shall be considered maxima unless extended by mutual agreement in writing.

19.2.4 Upon failure of a hearing officer to provide a written response to the offices of the UT-AAUP and the Employer’s Designee and the grievant within the time limits provided in this Article, the Union may appeal to the next step.

19.3 If the matter is not resolved informally, a formal grievance may be filed. The official grievance form in Appendix D must be used to file the grievance.

19.3.1 INITIAL FILING

The aggrieved member(s) shall present the grievance through UT-AAUP, in writing, on the official grievance form to the Employer’s Designee within twenty (20) days following the act or omission giving rise to the grievance, or the date the member(s) knew or could reasonably have been expected to know of such act or omission. The written grievance on the official grievance form in Appendix D shall state the nature of the grievance, the dates when the act or omission giving rise to the grievance occurred, the contractual provisions allegedly violated, the remedy sought and be signed by the grievant. The Employer’s Designee will review the grievance and promptly forward the grievance to the appropriate supervisor for hearing within ten (10) days of receipt, with notice to the grievant(s) and the UT-AAUP.

19.3.2 DEPARTMENT CHAIRPERSON

Upon receipt of a grievance from the Employer’s Designee, the Department Chairperson, or other appropriate immediate supervisor, shall arrange for a meeting with the grievant and a UT-AAUP representative, to take place within ten (10) days, to discuss and attempt to resolve the grievance. If attempts to resolve the grievance are unsuccessful, within ten (10) days following the meeting, the supervisor hearing the grievance shall send a written response to the grievance, including reasons, on the original grievance form, to the Employer’s Designee with concurrent copies to the grievant and UT-AAUP. If the grievant or the UT-AAUP does not accept the answer provided at this step, either may, within ten (10) days, appeal, on the appeals form, to the Employer’s Designee to have the grievance reviewed at the level of Dean. The Employer’s Designee shall then promptly forward the grievance to the appropriate dean within ten (10) days.

19.3.3 DEAN

Upon receipt of a grievance from the Employer’s Designee, the dean shall arrange for a meeting with the grievant and a UT-AAUP representative, to take place within fourteen (14) days, to discuss and attempt to resolve the grievance. If attempts to resolve the grievance are unsuccessful, within fourteen (14) days following the meeting, the dean hearing the grievance shall send a written response to the grievance, including reasons, on the original grievance form, to the Employer’s Designee with concurrent copies to the grievant and the UT-AAUP. If the grievant or the UT-AAUP does not accept the answer provided at this step, either may, within ten (10) days, appeal, on the appeals form, to the Employer’s Designee to have the grievance reviewed by the Provost. The Employer’s Designee shall then promptly forward the grievance to the Provost within ten (10) days.

19.3.4 PROVOST

Upon receipt of a grievance from the Employer’s Designee, the Office of the Provost shall arrange for a meeting between the Provost or designee and the grievant and a UT-AAUP representative, to take place within fourteen (14) days, to discuss and attempt to resolve the grievance. If attempts to resolve the grievance are unsuccessful, within fourteen (14) days following the meeting, the Provost or designee shall send a written response to the grievance, including reasons, on the original grievance form, to the Employer’s Designee with concurrent copies to the grievant and the UT-AAUP. If the UT-AAUP does not accept the answer provided at this step, it may appeal to external arbitration or in the matter of a tenure or promotion decision to the Internal Arbitration Board (IAB).

19.3.5 INTERNAL ARBITRATION BOARD

Subject to Article 19.4, the IAB shall only have jurisdiction to hear grievances on tenure or promotion decisions. The IAB shall convene within twenty (20) days of formation to hear the grievance and receive such evidence and testimony as the parties may wish to present. The IAB shall be a standing body consisting of three (3) members appointed by the Employer’s Designee and three (3) members appointed by the President of UT-AAUP. The board shall choose a chairperson from among its members. Decisions of the IAB shall be by agreement of four (4) or more members voting by secret ballot and shall be final and binding on all parties. Such decisions and orders shall be issued in writing within thirty (30) days after closing of the record. In the event that the IAB does not render a final and binding decision, UT-AAUP shall have the sole right to submit the grievance to final and binding arbitration by an external arbitrator, within ten (10) days after receipt of notice of the IAB's inability to reach a decision, by written notice to the Employer’s Designee.

19.3.6 EXTERNAL BINDING ARBITRATION

19.3.6.1. UT-AAUP shall have the sole right to submit a grievance filed by the union or a member to final and binding arbitration by an external arbitrator. Such appeal shall be filed, in writing on the appeals form, to the Employer’s Designee, within ten (10) days after receipt of the Provost’s decision.

19.3.6.2. Upon a submission to external arbitration, representatives of the UT-AAUP and the Employer’s Designee shall meet within fifteen (15) days to select an arbitrator. In the event the parties are unable to mutually agree upon the selection of an arbitrator, the selection shall be made by asking the Federal Mediation and Conciliation Service (FMCS) to provide a panel of seven (7) names. The moving party will be responsible for the cost of the initial panel. Either party has the right to request a second panel. The requesting party will be responsible for the full cost of such panel. The parties shall strike names alternatively from the panel, with the party to strike the first name determined by a flip of a coin. The union representative(s) and management representative(s) shall immediately arrange for a meeting to expeditiously select the arbitrator that satisfies both interested parties. The arbitrator's decision shall be final and binding upon the parties and shall be rendered within thirty (30) days after the arbitration hearing record is closed. The cost of arbitration shall be borne equally by UT-AAUP and the Employer.

19.4 REMEDIES

External arbitrators, IAB and all officers hearing a grievance shall be bound by the following:

19.4.1 They shall have no authority to add to, subtract from, alter, change or modify any of the provisions of this Agreement.

19.4.2 Their decisions shall be limited to only the question or questions submitted for their decision.

19.4.3 In grievances concerning promotion in academic rank or the award of tenure they shall only have the power to remand the negative decision being grieved with directions as to procedures to be followed and information to be considered. However, the IAB may make awards of substance in matters of promotion in academic rank.

19.4.4 They shall not render any decision which would result in the violation of this Agreement or a public statute or regulation.

19.4.5 They shall make no award which provides a member compensation greater than would have resulted had there been no violation.

19.5 Any grievance not otherwise specifically limited by this Agreement can be heard on substantive or procedural grounds. Grievances may be amended up to and including the Dean level.

19.6 Suspensions or dismissals may be appealed by UT-AAUP directly to external arbitration.

19.7 A member who participates in a grievance procedure will not be subject to disciplinary reprisal because of such participation.

19.8 Any relevant information in possession of the employer pertaining to a grievance that is needed by UT-AAUP to investigate and process a grievance will be provided to UT-AAUP within five (5) days of a written request.

19.9 Individual grievants may have private counsel present at their own expense in any or all grievance proceedings. However, such counsel may not participate in the proceedings except as a silent observer.

ARTICLE 20.0
NO STRIKE/NO LOCKOUT

20.1 The UT-AAUP and its officials will not cause, support, or condone, nor shall any member or members take part in any strike, slow down or work stoppage of any kind during the life of this Agreement.

20.2 The Employer shall not conduct a lockout of bargaining unit members during the term of this Agreement.

20.3 Any member of the bargaining unit who engages in any activity in violation of section 20.1 above during the term of this Agreement shall be subject to discipline up to and including dismissal as determined by the University.

ARTICLE 21.0
UT-AAUP

21.1 The UT-AAUP shall be permitted reasonable use, to the extent permitted by law, of University facilities and services on the same basis and at the same cost as recognized campus organizations.

21.2 The Employer will make available space in University Hall to be utilized by UT-AAUP for an office. UT-AAUP shall be responsible for the costs of telephone installation and service, if same is desired by them. Should this space become unavailable because of renovation or changes in facility usage, the Employer will make other space on Bancroft campus available.

21.3 Release Time

The UT-AAUP shall be permitted to purchase 36 credit hours of release time for its negotiating committee members and/or officers at the rate of $650.00 per credit hour each semester of the academic year. Summer School release time shall be permitted to be purchased at the actual salary cost (cost of fringe benefits not included). UT-AAUP shall provide written notice to the Chair of the Department of the UT-AAUP officer(s) within that Department thirty (30) days prior to the commencement of the semester and/or summer school session of the UT-AAUP officer(s) who will be on release time. Activities performed under this Article for UT-AAUP may be considered University service for purposes of faculty evaluation.

21.4 The regular UT-AAUP dues shall be established under the terms of the UT-AAUP Constitution and certified to the Employer by the UT-AAUP. The payroll deduction of the regular UT-AAUP dues or Fair Share Fees shall be made on each pay day in each month during which the member is in active pay status.

21.4.1 Effective 60 days following the beginning of employment, members of the bargaining unit who are not members of the UT-AAUP shall pay to the UT-AAUP a Fair Share Fee. This does not require any member of the bargaining unit to become a member of the UT-AAUP, nor shall the Fair Share Fee exceed dues paid by members of the UT-AAUP who are in the bargaining unit. The UT-AAUP shall prescribe an internal rebate procedure which conforms to Federal Law and to § 4117.09 (C) Ohio Revised Code. The deduction of a Fair Share Fee from the payroll checks of members of the bargaining unit and its payment to the UT-AAUP is automatic and does not require the authorization of the member. Payments by members holding religious conscientious objections shall be governed by § 4117.09 (C) Ohio Revised Code. No member of the bargaining unit shall be required to become a member of the UT-AAUP as a condition for securing or retaining employment.

21.4.2 The UT-AAUP shall indemnify the Employer against any and all claims, demands, suits, or other forms of liability or costs that arise out of, or relate to, any action taken or not taken by the Employer for the purpose of complying with the provisions of this Article.

21.4.3 The Employer agrees to make every effort to forward checked-off dues to the UT-AAUP within two weeks following the second pay day of each month, but no later than 30 days.

ARTICLE 22.0
ENTIRE AGREEMENT

22.1 Subject to section 22.2 the parties acknowledge that each had the full right to make proposals with respect to any subject, and that, after exercising that right, all the parties' understandings are set forth in this Agreement. The terms of this Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary mutual consent of the parties in a written and signed amendment to this Agreement.

22.2 A past practice affecting wages, hours and other terms and conditions of employment must affect a substantial number of members in more than one department, be acknowledged as a past practice by the parties, and not have been modified in any way by this Agreement.

ARTICLE 23.0
SEPARABILITY

Should any portion of this Agreement be found by a duly constituted court or regulatory authority to be in conflict with any applicable law or public regulation, then such conflicting portion of this Agreement shall be rendered null and void and the applicable law or regulation shall be controlling. In such event, upon request of either party, the parties shall commence good faith bargaining for replacement language.

The invalidation of any portions of this Agreement in accordance with this Article shall not affect the legality and enforceability of the remainder of this Agreement.

ARTICLE 24.0
LABOR-MANAGEMENT MEETING

The parties agree to hold monthly Labor-Management meetings at a mutually agreed upon times scheduled between the Employers designee and UT-AAUP President or designee. The parties will exchange agendas at least two (2) days prior to the scheduled meeting time. Additional meetings may be scheduled by mutual agreement.

ARTICLE 25.0
TERM OF AGREEMENT

Upon ratification by the UT-AAUP and the Board of Trustees, the Agreement will be effective retroactive to January 1, 2005, with the exception of Articles 8, 9 and 10 which will become applicable to processes beginning with Academic Year 2005-2006. Any issues arising under Articles 8,9 and 10 for Academic Year 2004-2005 shall be governed by Articles 8, 9 and 10 of the parties July 1, 2000 through June 30, 2003 agreement as extended.

The Agreement shall remain in effect through June 30, 2007. The parties agree to commence negotiations for a successor agreement no later than March 1, 2007 subject to the provisions of ORC Chapter 4117.

The provisions of Article 13.1 remain subject to negotiation by the Joint Benefits Committee. The agreement reached by the Joint Benefits Committee and the Employer will be set forth in a separate memorandum of understanding.

ARTICLE 26.0
DISTRIBUTION OF AGREEMENT

Within thirty (30) calendar days after this Agreement has been ratified and signed by the parties, the University shall have this Agreement printed at its expense and distributed to all currently employed UT-AAUP bargaining unit members. Thereafter, only all new members shall be provided a copy of this Agreement along with their offer of employment. If UT-AAUP requests additional copies of the agreement, such copies shall be provided and the UT-AAUP will reimburse The University of Toledo the actual cost for the reproduction.

ARTICLE 27.0
DISTANCE LEARNING

Current practices, policies and procedures regarding the approval and scheduling of courses will apply to distance learning courses. In addition, faculty rights and benefits as provided in the Collective Bargaining Agreement regarding job security, intellectual property, and workload shall not be reduced.

ARTICLE 1.0
DEFINITIONS

ARTICLE 2.0
RECOGNITION AND DESCRIPTION OF THE BARGAINING UNIT

ARTICLE 3.0
NON-DISCRIMINATION

ARTICLE 4.0
MANAGEMENT RIGHTS

ARTICLE 5.0
FACULTY RIGHTS AND RESPONSIBILITIES

ARTICLE 6.0
CONFLICT OF INTEREST

ARTICLE 7.0
ACADEMIC GOVERNANCE

ARTICLE 8.0
TENURE AND PROMOTION

ARTICLE 9.0
EVALUATION

ARTICLE 10.0
WORKLOAD

ARTICLE 11.0
INSTITUTIONAL ENVIRONMENT

ARTICLE 12.0
COMPENSATION

ARTICLE 15.0
OUTSIDE EMPLOYMENT

ARTICLE 16.0
PATENTS AND COPYRIGHTS

ARTICLE 17.0

ARTICLE 18.0
FINANCIAL EMERGENCY PRINCIPLES AND PROCEDURES

ARTICLE 19.0
GRIEVANCES

ARTICLE 21.0
UT-AAUP

ARTICLE 22.0
ENTIRE AGREEMENT

ARTICLE 23.0
SEPARABILITY

ARTICLE 24.0
LABOR-MANAGEMENT MEETING

ARTICLE 25.0
TERM OF AGREEMENT

ARTICLE 26.0
DISTRIBUTION OF AGREEMENT

ARTICLE 27.0
DISTANCE LEARNING

ARTICLE 1.0 DEFINITIONS

ARTICLE 8.0 TENURE AND PROMOTION

ARTICLE 9.0 EVALUATION

ARTICLE 17.0

ARTICLE 27.0 DISTANCE LEARNING

ARTICLE 1.0
DEFINITIONS

ARTICLE 8.0
TENURE AND PROMOTION

ARTICLE 9.0
EVALUATION

ARTICLE 27.0
DISTANCE LEARNING