1.1 "BOARD" (also called "EMPLOYER") The Board of Trustees for The University of Toledo.
1.2 "MANAGEMENT" The Board together with its executive officers and professional staff including but not limited to the President, Provost, Vice Presidents, Deans, Department Chairpersons and all such other management personnel as defined in Chapter 4117 Ohio Revised Code.
1.3 "BARGAINING UNIT" The unit of faculty employees more fully described in Article 2.1 of this Agreement.
1.4 "AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, UNIVERSITY OF TOLEDO CHAPTER" (also called "UT-AAUP") The exclusive representative of the employees in the bargaining unit, pursuant to certification by the Ohio State Employment Relations Board.
1.5 "MEMBER" or "MEMBERS" Unless expressly specified otherwise, these terms shall refer to members of the bargaining unit.
1.6 "PRESIDENT" The President of The University of Toledo unless expressly specified otherwise.
1.7 "DAY" A working day exclusive of all Saturdays, Sundays and official holidays observed by the University within the work year.
1.8 RULES OF CONSTRUCTION Unless specified to the contrary elsewhere in this Agreement, the following rules shall apply:
1.8.1 "APPLICATION OF AGREEMENT" Provisions of this Agreement shall apply to all members of the bargaining unit, unless specified to apply only to certain members of the bargaining unit.
1.8.2 "HEADINGS" Headings and captions are used in this Agreement for purposes of convenience only and do not carry substantive meaning.
1.8.3 "GENDER and NUMBER" The masculine, feminine, and neuter gender as used in this Agreement import one another, and the singular shall include the plural whenever applicable.
1.9 “Employer’s Designee”
The
Employer’s designee is Management’s representative for Faculty Labor Relations,
which is currently the Assistant Vice President for Faculty Labor Relations. If
the Employer’s designee changes, the Administration will notify the AAUP in
writing within five (5) days of the change.
2.1 The Board hereby
recognizes the UT-AAUP, pursuant to certification by the Ohio State Employment
Relations Board (SERB) in case 90-RP-0321, dated February 25, 1992, as the
exclusive representative for the purpose of collective bargaining with respect
to wages, hours, terms and other conditions of employment in the bargaining
unit consisting of tenure-track and tenured full-time faculty. Excluded from
the bargaining unit are College of Law faculty, temporary faculty, Lecturers,
part-time faculty, superannuates, all managerial and supervisory employees, and
all other employees.
2.2 The Employer shall not aid, promote or finance any group or organization other than the UT-AAUP which purports to engage in or to be interested in engaging in collective bargaining on behalf of the members of the Bargaining Unit. The Employer shall not aid, promote or finance any group or organization that seeks to undermine UT-AAUP's status as representative of the Bargaining Unit.
2.3 If, during the term of this Agreement, questions arise as to the bargaining unit status of one or more professional staff employees whose positions are not otherwise excluded in section 2.1 of this Agreement, the Parties will meet promptly to discuss the status of the positions and shall attempt to reach agreement as to the positions' inclusion or exclusion from the Bargaining Unit. If the Parties are unable to reach agreement as to the status of the position within ten (10) calendar days from the commencement of the discussions, either party may petition the SERB for a determination of the status of the position. This procedure shall also apply to mergers, acquisitions and expansions of the University.
2.4 Individual contracts of employment with members of the Bargaining Unit will be in all respects consistent with this Agreement, which will be incorporated by reference in such individual contracts.
3.1 The Employer and UT AAUP agree that they shall not discriminate nor tolerate discrimination against any member in matters of wages, hours, terms and other conditions of employment on the basis of race, color, religion, sex, age, national origin, sexual orientation, veteran status, the presence of a disability, marital status, political affiliation or any other characteristics protected by Federal or Ohio Law.
3.2 The Employer and UT-AAUP hereby express their strong opposition to and condemnation of all forms of sexual harassment.
3.3 The Employer shall not discriminate against any member of the bargaining unit for any activities on the behalf of the AAUP or for membership in the AAUP.
3.4 UT-AAUP and the Employer agree to adhere to the University's non-discrimination and affirmative action employment policies provided that such policies are not in conflict with this agreement.
Except as expressly limited by the terms of this Agreement, the Board, directly or acting through its duly constituted authorities, retains and reserves exclusively to itself all powers, rights, authority, prerogatives, duties and responsibilities conferred upon and vested in it by the laws and constitution of the State of Ohio and of the United States, whether exercised or not. Without limiting the generality of the foregoing, except where expressly stated in this Agreement, nothing contained herein shall in any way limit the Board's right to adopt new or modify or terminate existing policies, rules, regulations, and procedures in furtherance and accomplishment of its statutorily mandated authorities and responsibilities. The Board acknowledges its duty to bargain in good faith over the employment effects of such actions. Upon fulfilling said duty, the Board may implement its proposed actions.
Except as specifically modified by an express provision of this Agreement, none of the rights reserved exclusively to the Board shall be subject to the grievance procedure of this Agreement.
5.1 ACADEMIC FREEDOM
5.1.1 Members are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. Research for pecuniary return shall not compromise the intellectual integrity or reputation of the University and shall be based upon prior understanding with the member's dean.
5.1.2 Members are entitled to full freedom in the classroom in discussing their subject, but they shall be careful not to introduce into their teaching controversial matter which has no relation to their subject.
5.1.3 Members are citizens, members of a learned profession, and faculty of the University. When they speak or write as citizens, they shall be free from University censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they must remember that the public may judge their profession and the University by their utterances. Hence they must at all times be accurate, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that they are not speaking for the University.
5.1.4 Librarians shall be free to choose books and other materials and to provide services for the interest, information and enlightenment of all members of the academic community. In no case shall materials be excluded from University libraries because of their author(s) or their scientific, economic, social, political, or religious views. No library materials shall be proscribed or removed from the libraries because of partisan or doctrinal disapproval.
5.2 PROFESSIONAL OBLIGATIONS
5.2.1 Members, guided by a deep conviction of the worth and dignity of the advancement of knowledge, shall recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end members shall devote their energies to developing and improving their scholarly competence. They have an obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They shall practice intellectual honesty. Although members may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.
5.2.2 As teachers, members shall encourage the free pursuit of learning in their students. They shall hold before them the best scholarly and ethical standards of their discipline. Members shall demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Members shall make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit. They shall respect the confidential nature of the relationship between professor and student. They shall avoid any exploitation, harassment, or discriminatory treatment of students. They shall acknowledge significant academic or scholarly assistance from students. They shall protect students' academic freedom.
5.2.3 As colleagues, members have obligations that derive from common membership in the community of scholars. Members shall not discriminate against or harass colleagues. They shall respect and defend the free inquiry of associates. In the exchange of criticism and ideas members shall show due respect for the opinions of others. Members shall acknowledge academic debts and strive to be objective in their professional judgment of colleagues. Members shall accept their share of faculty responsibilities in the academic governance of the University.
To the extent that members may be subject to the Ohio Ethics Laws found in ORC §102 and §2921 they must file all notifications of interest required by said statutes with the General Counsel of the University.
7.1 The vital importance of faculty participation in the making of academic policy is hereby recognized. The Faculty Senate is the organ through which the faculty speak on matters of academic policy and other matters not subject to collective bargaining.
7.2 The Employer will effectively consult with the Faculty Senate on questions within the primary jurisdiction of the Faculty Senate.
7.3 The Employer will effectively consult with and seek the advice of the Faculty Senate on matters of institutional planning.
7.4 The principle of faculty participation in the selection of academic officers is affirmed.
7.5 Department chairpersons are the primary interface between faculty and administration. The faculty of affected departments shall be effectively consulted in the choice and renewal of appointment of their department chairperson.
7.6. Decisions made by the administration, under this article, shall be fully reported and explained to the Faculty Senate in written detail in order to allow the Faculty Senate to understand the rationale of a given decision.
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.
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 fo