ARTICLE 1.0
DEFINITIONS
1.1 "BOARD" (also called
"EMPLOYER" or “BOT”) 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
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.
ARTICLE 2.0
RECOGNITION AND DESCRIPTION OF THE BARGAINING UNIT
2.1 The Board hereby recognizes the UT-AAUP, pursuant to certification by the Ohio State Employment Relations Board (SERB) in case 90-RP-0321, dated February 25, 1992, as the exclusive representative for the purpose of collective bargaining with respect to wages, hours, terms and other conditions of employment in the bargaining unit consisting of tenure-track and tenured full-time faculty. Excluded from the bargaining unit are College of Law faculty, temporary faculty, endowed Chairs, 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.
ARTICLE 3.0
NON-DISCRIMINATION
3.1 The Employer and UT AAUP agree that they
shall not discriminate nor tolerate discrimination against any member in
matters of wages, hours, terms and other conditions of employment on the basis
of 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.
ARTICLE 4.0
MANAGEMENT RIGHTS
Except as
expressly limited by the terms of this Agreement, the Board, directly or acting
through its duly constituted authorities, retains and reserves exclusively to
itself all powers, rights, authority, prerogatives, duties and responsibilities
conferred upon and vested in it by the laws and constitution of the State of
Ohio and of the United States, and as
specifically set out in R.C. §4117.08(c), whether exercised or not. Without
limiting the generality of the foregoing, except where expressly stated in this
Agreement, nothing contained herein shall in any way limit the Board's right to
adopt new or modify or terminate existing policies, rules, regulations, and
procedures in furtherance and accomplishment of its statutorily mandated
authorities and responsibilities. The Board acknowledges its duty to bargain in
good faith over the employment effects of such actions. Upon fulfilling said
duty, the Board may implement its proposed actions.
Except as
specifically modified by an express provision of this Agreement, none of the
rights reserved exclusively to the Board shall be subject to the grievance
procedure of this Agreement.
ARTICLE 5.0
FACULTY RIGHTS AND RESPONSIBILITIES
5.1 ACADEMIC FREEDOM
5.1.1 Members
are entitled to full freedom in research and in the publication of the results,
subject to the adequate performance of their other academic duties. Research
for pecuniary return shall not compromise the intellectual integrity or
reputation of the University and shall be based upon prior understanding with
the member's dean.
5.1.2 Members
are entitled to full freedom in the classroom in discussing their subject, but
they shall be careful not to introduce into their teaching controversial matter
which has no relation to their subject.
5.1.3 Members
are citizens, members of a learned profession, and faculty of the University.
When they speak or write as citizens, they shall be free from University
censorship or discipline, but their special position in the community imposes
special obligations. As scholars and educational officers, they must remember that
the public may judge their profession and the University by their utterances.
Hence they must at all times be accurate, exercise appropriate restraint, show
respect for the opinions of others, and make every effort to indicate that they
are not speaking for the University.
5.1.4 Librarians
shall be free to choose books and other materials and to provide services for
the interest, information and enlightenment of all members of the academic
community. In no case shall materials be excluded from University libraries
because of their author(s) or their scientific, economic, social, political, or
religious views. No library materials shall be proscribed or removed from the
libraries because of partisan or doctrinal disapproval.
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.
ARTICLE 6.0
CONFLICT OF INTEREST
To
the extent that members may be subject to the Ohio Ethics Laws found in ORC
§102 and §2921 they must file all notifications of interest required by said
statutes with the General Counsel of the University.
ARTICLE 7.0
ACADEMIC GOVERNANCE
7.1 The vital importance of faculty
participation in the making of academic policy is hereby recognized. The
Faculty Senate is the organ through which the faculty speak on matters of
academic policy and other matters not subject to collective bargaining.
7.2 The Employer will effectively consult with
the Faculty Senate on questions within the primary jurisdiction of the Faculty
Senate.
7.3 The Employer will effectively consult with
and seek the advice of the Faculty Senate on matters of institutional planning.
7.4 The principle of faculty participation in
the selection of academic officers is affirmed.
7.5 Department
chairpersons are the primary interface between faculty and administration. The
faculty of affected departments shall be effectively consulted in the choice
and renewal of appointment of their department chairperson.
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.
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
9.1.1. Criteria
for performance shall be categorized as Teaching, Professional Activity, or
Service consistent with a member’s letter of appointment. The criteria by which performance is to
be judged shall be:
9.1.1.1. Teaching
Teaching
faculty shall be responsible to provide
evidence of teaching effectiveness, commitment to appropriate and
productive pedagogical methods, advising of students, development of curriculum, preparation of curricular materials and
publication of curricular materials, coordination
of part-time faculty and graduate assistants, 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, or a
commitment thereto, in all courses taught. 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.
Members shall be responsible for providing evidence of teaching
effectiveness and demonstrating their contribution in a manner consistent with
applicable College and Department elaborations.
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.
Members
shall be responsible for their own professional activity and demonstrating its
impact on the members’ discipline or areas of specialization in a manner
consistent with the applicable College and Department elaborations.
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, or
(6) Participation in accreditation activities.
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, invention disclosure, license patent, patent application or
copyright application insofar as proper evidence is presented which documents
that such grant administration of a grant project, invention disclosure,
license patent, 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. Members shall be responsible for performing service and
demonstrating their contribution in a manner consistent with the applicable
College and Department elaborations.
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,
(7) Participation
in accreditation activities, or
(8) Coordination
of part time faculty, graduate assistants, etc.
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. Each College shall have specific elaborations that must be
published and provided to new members upon entering the college. The
elaborations shall be fairly and equitably applied to all members in the
College, and cannot be in conflict with the
terms of this Agreement. 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. Elaborations
may be modified upon request and
recommendation of the faculty, with the written approval of both the
Dean and the Provost. Elaborations
may be modified upon request by either the group or council charged with
representing the college faculty or their respective Dean. Approval of College specific elaborations requires
a positive recommendation of the bargaining unit faculty and written approval
of both the Dean and 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. Each Department shall have specific
elaborations that must be published and provided to new members upon entering
the department. The elaborations shall be fairly and equitably applied to all
members in the department, and not conflict with any approved College
elaborations or 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. Elaborations may be modified only upon
request and recommendation of the faculty, with the written approval of both
the Dean and the Provost. Elaborations may
be modified upon request of either the DPC or their respective Chair. Approval of Department specific
elaborations requires a positive recommendation of the tenured and tenure-track
department faculty and written approval of both the Dean and 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) in a format approved by the member’s respective Dean, no later than the
date specified by the employer’s designee on the
Academic Personnel Timetable. The ARPA year shall run
from August 15 of one year through August 14 of the next year.
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
reviewing 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 procedures of the 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. 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 who request the same in writing shall be given
the opportunity 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 Not later than July
1st after two or more continuous years of service in such
position.
9.2.3. The Review Process
9.2.3.1. In the first and second probationary years
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 and
the completed first year. 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.
If the Dean recommends non-renewal, the member’s dossier will be
forwarded to UCAP, the Provost and the
President for evaluation.
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) Copies of the approved College and Departmental
elaborations and documentation as required by applicable elaborations.
(9) An
inventory of the dossier's contents.
(10) Summary of student evaluations and
comments for all courses taught for the period under review, documentation
which demonstrates instructional effectiveness or other teaching related
documentation referenced in elaborations.
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 pursuant to sections 9.2.3.9, 19.2.2 or 19.2.3,
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 that
differ from the preceding level of review, 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. No member shall be
permitted to serve or A member of a College Personnel Committee
or the UCAP shall be ineligible to participate in more than one level of
evaluation for another member’s tenure, promotion or renewal.or vote when an individual is being considered
whom the committee member has evaluated at an earlier level in the process, or When a
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 the member shall recuse him/herself.
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 evaluation can only be filed after Provost’s
recommendation to the President. 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.
for 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 |
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 making an independent
evaluation with due consideration reviewing to the recommendations
and findings of all preceding units.
In judging a member's performance each unit shall abide
by consistently
apply 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 by the chair in compliance with 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 ARPA 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 but cannot be referred to external binding arbitration. Merit ratings shall be posted annually,
without members’ names, in each Department concurrent to members being informed
of their individual merit rating.
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. A
member whose score is less than 2.50 in any year shall not receive merit
compensation for that year. Departments
are prohibited from assigning the same merit score for all members in the
Department.
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.