PREAMBLE
&= nbsp; THIS AGREEMENT made and entered into this 8th day of April, 2004, by and between= the Board of Governors of the State System of Higher Education ("STATE SYSTEM") for and on behalf of itself, the State Universities and their respective Councils of Trustees, of the first part, and= the Association of Pennsylvania State College and University Faculties ("APSCUF") of the second part.
PURPOSE
&= nbsp; APSCUF has been certified to represent, for purposes of collective bargaining, departm= ent chairpersons, full-time teaching fac= ulty (including librarians with faculty status), part-time tea= ching faculty and librarians without faculty status and faculty members of the UNIVERSITIES whose basic responsibilities lie outside of the classroom sett= ing.
&= nbsp; APSCUF and the STATE SYSTEM OF HIGHER EDUC= ATION, desiring to cooperate each with the other in mutual respect and harmony, ha= ve agreed to the provisions of this Agreement in consideration of the followin= g:
&= nbsp; 1. The UNIVERSITIES exist for the com= mon good of the citizens of the Commonwealth, particularly the stude= nts who attend such UNIVERSITIES. In a world of rapid change and recurring crises, all will be served best by an intellectual environment which encourages the search for truth.
&= nbsp; 2. APSCUF as the representative of the above named employees recognizes its obligation to permit all individuals a= nd groups on each campus to be included in the consideration of matters relati= ng to them.
&= nbsp; 3. The parties recognize that collect= ive bargaining in good faith will further their common aim of of= fering the best possible educational opportunities at the UNIVERSITIES and assert their intention to abide by the terms of the Agreement.
&= nbsp; 4. For the purposes of this Agreement= , the following definitions shall be applied:
&= nbsp; "ACADEMIC FACULTY" -- The bargaining= unit consisting of department chairpersons, full-time teaching faculty including librarians with faculty status, part-time teaching faculty, librarians with= out faculty status and faculty members whose basic responsibilities lie outside= of the classroom setting who have, by certification of the Pennsylvania Labor Relations Board (PLRB), been designated as AC= ADEMIC FACULTY (PERA-R-775-C).
&= nbsp; "ADMINISTRATIVE FACULTY" -- The bargaining= unit consisting of faculty members whose basic responsibilities lie outside of t= he classroom who have not been designated as ACADEMIC FACULTY (PERA-R-1354-C).=
&=
nbsp; "APSCUF" -- The Associatio=
n of
&= nbsp; "UNIVERSITIES" -- All institutions of the State System of Higher Education including Bloomsburg University, California University, Cheyney University, Clarion University, East Stroudsburg University, Edinboro University, Indiana University of Pennsylvania, Kutztown University, Lock Haven University, Mansfield University, Millersville University, Shippensburg University, Slippery Rock University, and West Chester University; and their respective branch campuses.
&= nbsp; "STATE SYSTEM OF HIGHER EDUCATION" -- That System cr= eated by Act 188 of 1982, the State System of Higher Education Act, hereinafter referred t= o as the STATE SYSTEM.
&=
nbsp; "COMMONWEALTH"
-- The Executive Branch of the
&= nbsp; "FACULTY" or "FACULTY MEMBERS" -- All members of the bargaining units described in PLRB case numbers PERA-R-775-C and PERA-R-1354-C.
&= nbsp; "REGULAR" -- A tenured or t= enure track FACULTY MEMBER.
&= nbsp; "PROBATIONARY NON-TENURED FACULTY MEMBER" -- A FACULTY MEMB= ER who is appointed to a tenure track position and who has not been granted tenure= .
&= nbsp; "NON-TENURE TRACK FACULTY" -- A FACULTY MEMB= ER who is appointed to service in a position in which service will not be credited toward tenure. Examples of su= ch positions include Temporary Part-time and Temporary Full= -time.
“DOMESTIC PARTNER XE "Definitions:DOMESTIC PAR= TNER" ” – The criteria listed below must be met in order to qualify for benef= its extended to domestic partners in this agreement and a FACULTY MEMBER and domestic partner must provide management with a completed, notarized “Commonwealth of Pennsylvania Domestic Partner Verification Statement” that will be maintained in t= he FACULTY MEMBER’S official personnel file:
1. Each partner is = the same gender.
2. Both partners are unmarried.
3. Both partners ar=
e at
least 18 years old and mentally competent to enter into a contract in the <=
st1:place
w:st=3D"on">
4. Partners are the sole domestic partner of the other person.
5. Partners have li= ved together in the same residence on a continuous basis for at least six months immediately prior to the date of the notarized statement, with the intent to reside together permanently.
6. Partners are not
related to each other by adoption or by blood, to a degree that would prohi=
bit
marriage in the
7. Neither partner = has been a member of another domestic partnership for the past six months (unle= ss the prior domestic partnership ended as a result of the death or marriage of one of the domestic partners).
8. Partners are joi= ntly responsible for the common welfare and financial obligations of each other.=
Article
1
RECOGNITION
&= nbsp; The STATE SYSTEM and the UNIVERSITIES and each of them recognize APSCUF as the sole and exclusive bargainin= g agent for FACULTY MEMBERS in the bargaining units above described and certified by the Pennsylvania Labor Relations Board in case numbers PERA-R-775-C, and PERA-R-1354-C, with respect to the STATE SYSTEM'S obligations both to "negotiate" and to "meet and discuss," as those terms a= re used in Sections 701 and 702, respectively, of the Public Employee Relations Act ("Act 195").
Article
2
ACADEMIC FREEDOM
A. A FACULTY MEMBER is entitled to full freedom in research and in the publicati= on of the results, subject to the adequate performance of his/her other academ= ic or administrative duties.
B. = A FACULTY MEMBER is entitled to freedom in the classroom in discussing his/her subject, but he/she should be careful not to introduce into his/her teaching controversial matter which has no relation to his/her subject.
C. A University FACULTY MEMBER is a citizen and a member of a learned profession. When he/she speak= s or writes as a citizen, he/she should be free from University censorship or discipline, but his/her special po= sition in the community imposes special obligations. As a person of learning he/she sho= uld remember that the public may judge his/her profession and his/her Universit= y by his/her utterances. Hence, he= /she should at all times be accurate, should exercise appropriate restraint, sho= uld show respect for the opinions of others, and should make every effort to indicate that he/she is not a spokesperson of the UNIVERSITIES. Acts which interfere with the acti= vities of the UNIVERSITIES, acts which interfere with the freedom of movement on t= he campus, or acts which interfere with the freedom of all members of the acad= emic community to pursue their rightful goals, are the antithesis of academic freedom and responsibility. S= o also are such acts which, in effect, deny freedom to speak, to be heard, to stud= y, to teach, to administer and to pursue research.
D. 1. = FACULTY MEMBERS are entitled to freedom in the selection of textbooks, audio-visual aids and other teaching aids.
2. = There shall be no censorship of library materials.
3. = With respect to subsections 1. and 2. above, budgetary limitations may restrict = the quantity of items to be purchased.
E. = Since certain aspects of the information obtained by a FACULTY MEMBER in the cour= se of his/her work can be considered privileged, no FACULTY MEMBER shall be required to disclose such information unless he/she deems it to be in the b= est interest of his/her student or his/her profession. The University will immediately ad= vise the FACULTY MEMBER of any effort, by action of law or otherwise, to secure records or other information obtained by the FACULTY MEMBER. In no event shall the University exercise any disciplinary action against a FACULTY MEMBER because of his/her assertion of privilege with regard to information under his/her control.
F. = The provisions of this Article shall not be construed so as to deprive the University or its designees of its right of access to and/or possession of files, records or materials maintained by FACULTY MEMBERS in behalf of the University, provided, however, that grade books shall remain in the possession of t= he FACULTY MEMBER so long as he/she remains on the campus.
Article 3
FAIR PRACTICES
A. Neither party hereto nor any FACULTY MEMBER shall discriminate against any other FACULTY MEMBER or candidate for employment on the basis of race, creed, color, sex (including discrimination by sexual harassment), handicap or disabilit= y, life style, family status, age, national origin, = APSCUF membership or activity or lack thereof, politi= cal belief and/or affiliation, or on account of = any other basis prohibited by law. Where existing laws against discrimination require accommodation, the STATE SYSTEM will accommodate to the extent required by law.
B. = There shall be no discrimination by either of the parties hereto or any FACULTY MEMBER against members of the same family regarding concurrent employment at any University.
C. If any provision of this Agreement is in conflict with Federal Executive Orders 11246 and 11375, as amended, or the Civil Rights Act of 1964, as amended, or th= e laws and rules relating to the Pennsylvania State System of Higher Education Equ= ity Plan, Excellence and Equity, hereinafter known = as the STATE SYSTEM Equity Plan, the provisions of such orders, laws and rules shall prevail; provided that any rule not consistent with this Agreement adopted by the STATE SYSTEM subsequent to the signing of this Agreement sha= ll not prevail against the terms of this Agreement. Before any rule relating to the ST= ATE SYSTEM Equity Plan not consistent with this Agreement is applied to affe= ct the rights of APSCUF or any FACULTY MEMBER, this Section shall be reopened = for negotiation at the request of APSCUF.
D. The parties shall meet and discuss at the state level during the term = of this Agreement on such aspects of this Article that are of mutual interest. The parties hereto specifically agree to support and work towards the goals set forth in the S= TATE SYSTEM Equity Plan.
Article 4
DUTIES AND RESPONSIBILITIES OF FACULTY MEMBERS
A. The
concept of academic freedom must be accompanied by an equally demanding con=
cept
of academic responsibility. The concern of the UNIVERSITIES an=
d its
members for academic freedom safeguards must extend equally to requiring
responsible service, consistent with the objectives of the UNIVERSITIES.
B. = A proper academic climate can be maintained only when members of the FACULTY = meet their fundamental duties and responsibilities regularly. These duties and responsibilities include but are not limited to: reporting promptly, and in advance if possible, any changes in class hours or classrooms assigned; preparing for and meeting their assignments, which would include timely notification of the proper authority and making a reasonable effort to insure that assignments can be covered in case of abse= nces; making a reasonable ef= fort to notify students of any changes in class hours or classrooms assigned; keeping current in their academic disciplines through continuing scholarly activity; keeping office hours in accordance with Article 23, WORK= LOAD AND WORKLOAD EQUIVALENTS, and conferring with and advising students and advisees; evaluating fairly and reporting promptly student achievement; rendering service to the University which would include participating in group deliberations which contribute to the growth and development of the students and the UNIVERSITIES; and report= ing promptly, and in advance if possible, absence from any assigned duty in accordance with the provisions of Article 17, SICK LEAVE. All members of the FACULTY also ha= ve the responsibility to accept those reasonable duties assigned to them within th= eir fields of competence. Additio= nally, FACULTY MEMBERS have the responsibility to perform other tasks characterist= ic of the academic profession as described in Article 12, PERFORMANCE REVIEW A= ND EVALUATION OF FACULTY, Section B.1. and to at= tempt honestly and in good conscience to preserve and defend the goals of the UNIVERSITIES, including the right to advocate change.
Article 5
GRIEVANCE PROCEDURE AND ARBITRATION<= !--[if supportFields]>
A. Intent
&= nbsp; It is the declared objective of the STATE SYSTEM/UNIVERSITIES and APSCUF to encourage the just resolution of grievances. In order to effect a prompt resolu= tion of grievances, the STATE SYSTEM/UNIVERSITIES, APSCUF and the FACULTY shall = make available one to the other all known relevant facts so as to enable the par= ties to resolve grievances. The pa= rties further agree that the orderly processes hereinafter set forth below shall = be the sole method used for the resolution of grievances.
&= nbsp; A grievance may be filed by a FACULTY MEMBER, a group of FACULTY MEMBERS, or APSCUF. APSCUF may present a policy grievance (one which affects more than one (1) person) at any step of the grievance procedure prior to arbitration. Decisions involving the non-renewa= l of probationary non-tenured FACULTY MEMBERS shall be governed exclusively by the provisions pertaining thereto = as contained in Article 14, RENEWALS AND NON-RENEWALS.
B. = Definition
&= nbsp; A "grievance" is an allegation = by APSCUF or a FACULTY MEMBER or group of FAC= ULTY MEMBERS that there has been a specific violation, misinterpretation or impr= oper application of an Article(s) and Section(s) of this Agreement by the STATE SYSTEM/UNIVERSITIES, and a statement of the remedy being requested. It is understood and agreed betwee= n the parties that APSCUF or a FACULTY MEMBER will be allowed to make amendments = to the grievance up to the submission at Step Three. It is also understood that if such amendments are made to the grievance in the submission to Step Three, either party may resub= mit the grievance to Step Two for reconsideration.
C. Procedure
Step One APSCUF, a FACULTY MEMBER or a group of FACULTY MEMBERS shall present a grievance oral= ly or in writing at the lowest management level having authority to dispose of= the grievance. The management representative shall investigate the grievance as he/she shall deem appropr= iate and respond to APSCUF and/or the grievant orally or in writing.
Step Two If the grievance= has not been resolved at Step One, the grievant, group of grievants or APSCUF s= hall reduce the grievance to writing, stating the facts, and listing the Articles and Sections of this Agreement or the specific regulation(s) or procedure(s) upon which the grievance is based. Such written grievance(s) shall be submitted to the President or his= /her designee within forty (40) calendar days of the occurrence giving rise to t= he grievance or within forty (40) calendar days of the date on which the griev= ant or grievants learned of such occurrence, with the exception that if the for= ty (40) days expire between May 1 and September 1 of any year, the grievance shall be submitted to the President or his/her designee by Septem= ber 30 of such year or within forty (40) calendar days, whichever comes later.<= span style=3D'mso-spacerun:yes'> The President or his/her designee = shall have twenty (20) calendar days following the receipt of such written grieva= nce to investigate the matter as he/she shall deem appropriate, discuss the mat= ter with the grievant, group of grievants and/or the local APSCUF grievance chairperson or his/her de= signee where appropriate, and to submit a written response to the grievant, group = of grievants and APSCUF.
&= nbsp; If a grievance is amended before submission at Step Two or if either party resubmits an amended grievance to Step Two, the President or his/her design= ee shall have twenty (20) calendar days following the receipt of such amended grievance to investigate the matter as he/she shall deem appropriate, discu= ss the matter with the grievant, group of grievants and/or the local APSCUF XE "APSCUF:Local Grievance Chairperson" Grievance Chairperson or his/her designee where appropriate, and to submit a written response to the amended grievance to the grievant, group of grievants and APSCUF.
Step Three If the grievance has not been resolved at Step Two, the grievant, group of grievants or APSCUF may, within fifteen (15) calendar days after the decision from the President at Step Tw= o is due, submit a written appeal to the Chancellor of the STATE SYSTEM or his/her designee. The Chancellor of t= he STATE SYSTEM or his/her designee shall have thirty (30) calendar days follo= wing the receipt of such written appeal to submit a written response to the grievant, group of grievants and APSCUF.
Step Four - Binding Arbitration If the grie= vance has not been resolved at Step Three, APSCUF, but not an individual FACULTY MEMBER or group of FACULTY MEMBERS, has the sole right to refer a grievance= to arbitration and to conduct the proceeding as a = party, and shall within forty (40) calendar days of the receipt of the written response from Step Three submit a written notice to the Chancellor of the S= TATE SYSTEM or his/her designee of its intent to submit the grievance to binding arbitration. It is understood= that only APSCUF, or counsel for APSCUF, may present the case in support of any grievance at arbitration.
D. The parties shall have the right mutually to agree upon the arbitrator, but in = the event they cannot so agree within fifteen (15) calendar days of receipt of = the above notice, the matter shall forthwith be submitted to the American Arbitration Association for the appointment of an arbitrator. In all cases, sel= ection of the arbitrator and the arbitration proceedings shall be conducted in accordance with the Voluntary Labor Arbitration rules of the American Arbitration Association at the time obtaining.<= span style=3D'mso-spacerun:yes'> The arbitration proceeding shall b= e held at such time and place as is convenient to the parties, consistent with the circumstances of the case.
&= nbsp; The decision of the arbitrator shall be final and binding upon the parties, except where the decision would require an enactment of legislatio= n in which case the decision shall be binding only if and when such legislation = is enacted. The arbitrator shall= have no authority to add to, subtract from, or modify this Agreement. Each case shall be considered on i= ts merits and this collective bargaining agreement shall constitute the sole b= asis upon which the decision shall be rendered.= If there is a question as to whether the arbitrator has jurisdiction= to hear a case, this question must be heard and an immediate bench ruling issu= ed by the arbitrator prior to his/her hearing and deciding the merits of the case. The arbitrator shall co= nfine himself/herself to the precise issue the parties have agreed to submit for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the hearing or receipt of the transcript of the hearing= .
&= nbsp; The arbitrator's fees and expenses shall be shared equally by APSCUF and the STATE SYSTEM/UNIVERSITIES, = but each party shall bear its own cost of preparing and presenting its case to = the arbitrator. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration which results in a postponement cha= rge, the postponing party shall pay such charge unless the postponement results = in a settlement of the grievance, in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request sh= all be shared equally by the parties. Either party to an arbitration may request that a transcript of the hearing be made. The requesti= ng party shall pay the cost for the transcript and shall provide a copy free of charge to the arbitrator. In = the event that the party who did not order a copy of the transcript at the hear= ing subsequently decides to order a copy of the transcript, that party shall sh= are equally in the cost of the copy of the transcript provided to the arbitrato= r.
E. = The failure of either party to demand compliance with or to comply with the time limits of Steps One to Three of Section C. of this Article shall not bar ei= ther party from requiring that the stated time limits at Step Four be met.
F. = A FACULTY MEMBER may, in accordance with the provisions of Article 15, TENURE, appeal any discipline or discharge for just cause at the Third Step of this grievance procedure. Any such appeal mu= st be presented in writing within fifteen (15) calendar days after the FACULTY ME= MBER has received written notice of the disciplinary action. A copy of the said written notice = shall be mailed to the local APSCUF grievance chairperson and State APSCUF on the day the written notice is ma= iled or delivered to the FACULTY MEMBER, whichever day is earlier.
G. Time of the Essence
1. = The filing of a grievance or appeal from any step of this grievance procedure or the notice of any intent to arbitrate shall be accomplished within the time limits specified and, in the event such is not done, the Administration's decision at the prior step shall be final and binding upon the parties and shall not be subject to further appeal of any kind; provided, however, that= the said time limits may be extended by written or oral mutual agreement for any reason, and reaso= nable requests for extensions shall not be arbitrarily denied; and, provided furt= her, that a grievant shall not be penalized as to time if he/she has been misled= by a representative of the STATE SYSTEM/UNIVERSITIES.
2. &n= bsp; Failure to communicate a decision at any step of this grievance procedure within the specified time limits shall permit it to be advanced to the next step of the procedure, unless a longer period is established by mutual consent.
H. Rights of APSCUF
1. APSCUF's representative(s) shall be advised of the existence of a grievance as soon = as the University Administration becomes aware of its existence. As early as possible and practical, copies of all transcripts, documents and correspondence filed with respect = to a grievance shall be made available to APSCUF, and at APSCUF's request be provided to APSCUF. Costs of reproduction shall be borne by APSCUF should the STATE SYSTEM/UNIVERSITIES request such payment.
2. = Any individual FACULTY MEMBER or group of FACULTY MEMBERS shall have the right = at any time to present grievances to the STATE SYSTEM/UNIVERSITIES and have th= em adjusted without the intervention of APSCUF, as long as the adjustment is n= ot inconsistent with the terms of this Agreement; and provided further that AP= SCUF has been given the opportunity to be present at such adjustment.
3. =
APSCUF's
representative(s) shall be permitted to represent the grievant when request=
ed
to do so by the grievant and, in any event, to represent and speak on behal=
f of
APSCUF's particular point of interest in connection with that grievance.
I. &= nbsp; Disposition of Grievances
&= nbsp; Any settlement, withdrawal or disposition of a grievance at any step below Step Three in Section C., above, shall not constitute a binding precedent for the settlement of similar grievances in the future. The parties shall endeavor to impl= ement fully any settlement agreement(s) or arbitration award(s) within sixty (60) days of the receipt of said agreement or award.
Article 6
DEPARTMENT CHAIRPERSONS
A. Duties
1. = The department chairperson directs the activities of the department, subject to= the approval of the Dean/Director. He/she is responsible to the Dean/Director for the develop= ment of department plans, guidelines and internal office operation; he/she direc= ts the department's administrative organization and may delegate authority and assign responsibility as appropriate; and he/she represents the academic discipline both on and off campus either perso= nally or by designation of department representatives.
2. = The department chairperson is also responsible for recommendin= g to the Dean/Director such matters as personnel actions, curricular changes, co= urse offerings, teaching assignments and the department budget.
3. = In all phases of department affairs, the chairperson should be sensitive to and reflect, but not be restricted to, majority department faculty sentiment.
4.= Current practices at each UNIVERSITY concerning summer duties and compensation of department chairpersons shall continue, provided each department chairperson receives the minimum summer compensation as set forth in 6.D.3.
1. = a. = The President or his/her designee and a committee selected by the department sh= all designate the individual or individuals who is (are) mutually acceptable to serve in the post of department chairperson. Upon request, the President or his= /her designee will communicate the reason(s) for rejection of the candidate(s) to the department and the candidate(s). Such reason(s) shall not be reviewable through the grievance and arbitration procedure under this Agreement unless a violation of Article 3 = is alleged. The chairperson shall be elected (or rejected) by the majority sec= ret ballot vote of the regular FACULTY MEMBERS within the department from the individual or individuals designated. Except as provided in paragraph b, below, this procedure shall apply with respect to the appointment of an int= erim or acting department chairperson.
b. = In the event there can be no agreement as to a mutually acceptable candidate f= or the office of department chairperson, the President or the Provost/Vice-President for Academic Affairs shall have the right to app= oint an interim chairperson for a period not to exceed six (6) months provided, however, this appointee shall not be an individual rejected by vote of the department in the most recent election.
2. = Department chairperson elections were held in 2002 and sha= ll be conducted every three (3) years thereafter. Elections shall be concluded no la= ter than April 15. Newly elected department chairpersons shall take office May 1 of the year in which electe= d; however, newly elected department chairpersons shall not receive a stipend or workload equivalency until the first day of = the summer session or the next academic year, whichever is appropriate. Outgoing department chairpersons continue to receive their stipends and workload equivalencies until the end= of the academic year. Should vac= ancies occur during the term of office, a special election must be held under the terms described above with the newly elected chairperson serving until the = next regularly scheduled round of departmental elections.
3. = When a department chairperson is not properly performing his/her = duties in accordance with this Article, the President may remove the chairperson f= rom office. A majority of the reg= ular FACULTY MEMBERS of a department may request that the President remove the department chairperson and the President may, in his/her sole discretion, t= ake such action. The request from= the majority of regular FACULTY MEMBERS must be in writing, must be signed by t= hose FACULTY MEMBERS making the request, and must contain a statement of the rea= sons for the request. Where such a= ction is taken by the President, a special election must be held under the terms described above with the newly elected chairperson serving until the next regularly scheduled round of departmental elections.
4. = Where there is mutual agreement between the chairperson and the President or his/her design= ee(s) as to the need for (an) assistant department chairperson(s), that (those) assist= ant(s) shall be appointed by the chairperson so long as the proposed appointee(s) receive(s) the approval of the majority of the regular FACULTY MEMBERS of t= he department and the approval of the President or his/her designee(s). Any such assistant shall serve at = the pleasure of the chairperson, and in the event a new chairperson is selected= for the department, the term(s) of the assistant chairperson(s) shall terminate.
C. Stipend
1. =
A
teaching FACULTY MEMBER who performs the duties and responsibilities of a
department chairperson in accordance with this Article shall receive a paym=
ent
in accordance with the following schedule:
&= nbsp; &nbs= p; &= nbsp; DEPARTMENT SIZE &nb= sp; = &nb= sp; STIPEND
&= nbsp; &nbs= p; &= nbsp; &nbs= p; 1-5 &= nbsp; &nbs= p; &= nbsp; &nbs= p; $1,000.00
&= nbsp; &nbs= p; &= nbsp; &nbs= p; 6-10 &= nbsp; &nbs= p; &= nbsp; &nbs= p; $1,400.00
&= nbsp; &nbs= p; = 11-15 &= nbsp; &nbs= p; &= nbsp; &nbs= p; $1,800.00
&= nbsp; &nbs= p; = 16-20 = &nb= sp; = = $2,400.= 00
&= nbsp; &nbs= p; = 21-25 = &nb= sp; = = $2,800.00
&=
nbsp; =
=
26
or more =
&nb=
sp;
=
$3,200.=
00
2. = A FACULTY MEMBER who performs the duties of assistant department chairperson shall receive an annual payment of $500.00 in 2003-04 and $1000.00 starting= in 2004-05.
3. = A FACULTY MEMBER who performs the duties and responsibilities of a department chairpe= rson in a department of FACULTY MEMBERS whose basic responsibilities lie primari= ly outside the classroom shall receive a payment in accordance with the follow= ing schedule:
&=
nbsp; 1-5 =
=
$=
3,500.00 &=
nbsp; $4,550.00
&=
nbsp; 16-or
more &=
nbsp; $5,000.00 &=
nbsp; $6,500.00
D. Workload Equivalents and Summer Compensation=
1. = Teaching department chairpersons XE "Department Chairperson:Workload Equivalents" shall be granted minimum workload equivalents in accordance with the following schedule for the academic year= :
Additional workload equivalents for teaching department chairperson= s may be approved by the Preside= nt or the Provost/Vice-President for Acad= emic Affairs for departments with complex progra= mmatic and/or administrative responsibilities.&nb= sp; The President or the Provost/Vice-President for Academic Affairs may also approve summer compensatio= n for chairpersons in appropriate departments.
2. = Teaching assistant department chairperson(s) shall be granted a minimum workload equivalent of 25%. Where there is mutual agreement be= tween the teaching chairperson a= nd the President, the President may also approve summer compensation for teaching assistant chairperson XE "Department Chairperson:S= ummer Compensation" (s) for departments with complex programmatic and/or administrative responsibilities.
3. = Teaching department chairpersons shall receive a minimum of three (3) workload hours= of summer compensation.
4. =
Existing
summer school workload equivalents for teaching department
chairpersons may not be reduced except by agreement at local meet and
discuss.
Article 7
PERFORMAN= CE OF BARGAINING UNIT WORK<= !--[if supportFields]>
A. = ; Preamble
&= nbsp; No bargaining unit work may be assigned to other person exc= ept as provided in this Article.
B. = ; ACADEMIC FACULTY and ADMINISTRATIVE FACULTY
1. = Members of the ADMINISTRATIVE FACULTY may perform teaching duties as part of their professional responsibilities.
2. = Members of the ADMINISTRATIVE FACULTY who perform teaching duties shall be evaluated with respect to such teaching duties in the same manner as ACADEMIC FACULTY MEMBERS.
3. = ACADEMIC FACULTY MEMBERS performing professional duties of the ADMINISTRATIVE FACULTY shall be evaluated in the same manner as members of the ADMINISTRATIVE FACU= LTY.
4. = Subject to the approval of the President and the majority secret ballot of the regular full-time FACULTY in= the receiving department, members of the ADMINISTRATIVE FACULTY shall have the right to return to full-time teaching positions within departments in which they have formerly taught.
5. = Members of the ADMINISTRATIVE FACULTY, who in the opinion of the President have the requisite qualifications to teach in a department, may be placed in a full-time, budgeted, available, uncommitted teaching vacancy in a departmen= t, provided that the approval of the majority secret ballot vote of the regular full-time FACULTY in the receiving department has been obtained prior to the appointment. An ADMINISTRATIVE FACULTY MEMBER placed in such a position shall retain all University-wide seniority credit previously accrued. Actions taken under this subsection shall not be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION<= !--[if supportFields]>, provided the departmen= t's approval has been obtained.
6. = Subject to the approval of the President and the majority secret ballot vote of the regular full-time FACULTY in the receiving department, ACADEMIC FACULTY MEM= BERS may be transferred full-time to another department within the bargaining unit(s).&= nbsp; All rights under this Agreement shall be transferable to the new assignment. Such transfer and assignment shall only be made with the approval of the ACADEMIC FACULTY MEM= BER involved.
7. = Part-Time Teaching in Other Departments
a. = FACULTY MEMBERS may be invited to teach on a part-time basis for other departments = in the University. Such invitati= on must have the approval of the President and the majority secret ballot vote= of the regular full-time FACULTY in the receiving and sending departments, and shall be voluntary on the part of the ACADEMIC or ADMINISTRATIVE FACULTY MEMBER.
b. = Such invitation and assignment shall not exceed fifty percent (50%) of the ACADE= MIC or ADMINISTRATIVE FACULTY MEMBERS' workload for the semester unless approve= d by the majority secret ballot vote of regular full-time FACULTY of the sending= and receiving departments and local APSCUF.
c. = All rights and responsibilities of FACULTY MEMBERS under this Agreement will re= main with the sending department.
C. = ; Graduate Assistants
1. = ; Presidents may appoint graduate assistants to be assigned to regular FACULTY MEMBERS to assist in research, instruction, and other professional duties.
2. = At no time shall graduate assistants instruct lectures or laboratories unless the FACULTY MEMBER assigned = to teach the course is present in the classroom or laboratory.
D. = ; Teaching Associates
&= nbsp; Teaching Associates may be appointed at UNIVERSITIES granting doctorates pursuant to= the provisions set forth below:
1. = In a given department the number of teaching associates may not exceed twenty percent (20%) of the number of the regular full-time FACULTY in that department; however, all departments with doctoral programs are entitled to at least three (3) teaching associates:
a. = Prior to the beginning of each semester, a department with doctoral program(s) ha= ving teaching associates must report to local meet and discuss the number of teaching associates i= t has appointed for that semester. = The number of teaching associates recommended must be approved by a majority se= cret ballot vote of the regular full-time FACUL= TY within the department in accordance with its established procedures.
b. = The department must also report to local meet and discuss the total number of credit hours to be taught by teachi= ng associates in the department. The number of credit hours recommended may not exceed the total number of workl= oad equivalents granted to regular full= -time FACULTY MEMBERS for scholarly activity in that department pursuant to Artic= le 23, Section J. The department's r= eport shall contain appropriate data to show compliance with this subsection.
2. = A teaching associate may be appointed to a department if:
a. = He/she is registered for credit as a doctoral student in good standing in the department = and possesses a masters degree or at least thirty-six (36) graduate credits.
b. = He/she is recommended for appointment by a majority secret ballot vote of the regu= lar full-time FACULTY in the department in accordance with its established procedures.
3. = An individual teaching associate will be appointed for one (1) academic year w= ith the possibility of reappointment for a second year. Special requests for a third year = appointment will be considered on a case by case basis and must be approved at local me= et and discuss.
4. = Teaching associates may teach no more than six (6) credits of undergraduate courses = per semester. These courses must = be in the department in which the student is enrolled for doctoral study. In special cases, teaching associa= tes may be given teaching assignments outside their major department in a close= ly related area if:
a. = This action is recommended by a majority secret ballot vote of the regular full-time FACUL= TY in each department involved in accordance with its established procedures; and=
b. = There is agreement to this arrangement at local meet and discuss.
5. = Teaching associates will be assigned a regular full-time FACULTY MEMBER as a mentor. The FACULTY mentor sh= all accrue one (1) credit hour workload equivalent for each teaching associate assigned to him/her in a given semester.
6. = Teaching effectiveness will be the primary category for the evaluation of teaching associates. The proc= edures and criteria for evaluation of teaching associates shall be uniformly appli= ed at the UNIVERSITIES and shall be agreed to at local meet and discuss, but m= ust minimally include:
a. = Student evaluations as mandated for probationary FACULTY in Article 12;
b. = Classroom observations by the department evaluation committee and department chairperso= n as mandated for probationary FACULTY in Article 12;
c. = A written evaluation from the FACULTY mentor which will = be forwarded to the department evaluation committee and incorporated into the department evaluation committee's and department chairperson's reports pursuant to paragraph d. below;
d. = Written evaluations by the department evaluation committee and department chairpers= on as mandated for probationary FACULTY in Article 1= 2.
7. = The University shall provide the teaching associate with a package of fee waive= rs and stipend in any combination, but waivers and stipend must total no less = than a minimum of one-half of the current salary for Instructor Step A.
8. = General prohibitions:
a. = Teaching associates may not be assigned to teach at branch campuses.
b. = Teaching associates may not be assigned to teach summer school.
c. = In no case shall a teaching associate be appointed in an academic area where t= here is a qualified retrenchee with preferential hiring rights or preferred rehiring rights in the= STATE SYSTEM.
9. = Indiana University of Pennsylvania administration and local APSCUF negotiated a local agreement concer= ning teaching associates dated February 10, 1999. The provisions of that agreement s= hall apply during the term of this Agreement for Indiana University of Pennsylva= nia only.
10. Unless a successor Agreement or a local agreement is negotiated prior to June 3= 0, 2002, the provisions of this Section will extend for a period not to exceed six (6) months.
E. = ; Distinguished Visiting Professors
&= nbsp; The UNIVERSITIES may hire distinguished visiting professors within the provisio= ns of this Article.
1. = Visiting professors may be appointed by the President for terms up to two (2) years. A third year may be gr= anted with the approval of APSCUF at local meet and discuss. Each University may have three (3) visiting professors at any time. UNIVERSITIES with an enrollment of more than 6,000 FTEs may employ o= ne (1) additional visiting professor for each additional 2,500 FTEs or fraction thereof.
2. = Criteria for visiting professorships shall be agreed upon at local meet and discuss = and submitted to State Meet and Discuss for review and approval. These criteria shall reflect stand= ards required of truly competent and distinguished individuals. Under no conditions shall distingu= ished visiting professors be hired until such time as the criteria has received f= inal approval at State Meet and Discuss.
3. = Presidents shall make such appointments upon the nomination of a department, secured b= y a secret ballot vote of the majority of the regular full-time FACULTY MEMBERS, for a specific visiting professor, and only upon= the recommendation of a University-wide committee. The composition of the University-= wide committee shall be agreed to at local meet and discuss.
4. = The visiting professor must be appointed at the rank of Professor and shall be remunerated at a salary no lower than Professor Step A. Such individuals may be remunerate= d at a rate of pay higher than that provided for in this Agreement. The thirty percent (30%) rule for full professorships shall not i= nclude appointments made under this Article.
5. = In cases where distinguished individuals wish to contribute their services for less than the stipulated minimum pay, the terms of this Agreement shall req= uire the approval of APSCUF at local meet and discuss.
6. = Visiting professors may be assigned regular classes or special assignments, but in no case shall they assume overload assignments. It is the expectation that t= he University will seek to utilize the talents of these individuals in creative and non-traditional ways.
7. = Visiting professors shall not be subject to the evaluation procedures of this Agreement, unles= s they do so voluntarily nor shall they exercise the voting rights of regular FACU= LTY MEMBERS as provided for in this Agreement.
8. = In no case shall a visiting professor be hired to teach regular University cou= rses in an academic department where there is a qualified retrenchee available.
F. = ; Managers
1. = Managers who perform teaching duties shall be evaluated with respect to such teaching duties in the same manner as an ACADEMIC FACULTY MEMBER(S), in accordance w= ith the provisions of Article 12, PERFORMANCE REVIEW AND EVALUATION OF FACULTY.=
2. = A manager who has held a tenured faculty position at his/her University may, within three (3) years of his/her appointment to a management level positio= n, return with the approval of the department to his/her former status in a department which has a vacancy approved by the President. Such approval shall require a majo= rity secret ballot of the regular full-time members of= the department. A manager who ret= urns to a former department on or after January 1, 1986 in accordance with this procedure s= hall be given service credit for all prior time spent in what is now the bargain= ing unit, but shall receive no service credit for the time spent as a manager.<= span style=3D'mso-spacerun:yes'> Managers who returned to a former department prior to January 1, 1986 shall continue to receive service credi= ts in accordance with the previous Agreements between the STATE SYSTEM and APS= CUF.
3. = Any manager other than those provided for in Section F.2. above shall begin his= /her service in the bargaining unit with no service credit.
4. Acting Managers<=
!--[if supportFields]> XE "Acting Managers"
a. = A FACULTY MEMBER serving as an acting manager is a member of the FACULTY bargaining unit. A President or the Chancellor may make an initial acting manager appointment for two (2) years without approval of local or State APSCUF. Extensions for up to a second year require the approval of the FACULTY MEMBER and local APSCUF or State APSCUF for an appointment in the Office of= the Chancellor, if only a one (1) year appointment is made and there is a need for an additional year. Time spent as an acting manager wi= ll accrue service credits in the bargaining unit as defined in the Seniority P= olicy.
b. = A FACULTY MEMBER serving as an acting manager may teach one (1) course per semester (fall, spring, summer) without approval of local APSCUF. Local APSCUF approval is required,= if the FACULTY MEMBER serving as an acting manager is requested to teach a sec= ond course during the semester. I= f a course is taught, overload shall be paid. The annual salary used in calculat= ing overload will not include the out-of-class assignment monies. In no case= shall an acting manager be assigned to teach where there is a qualified retrenchee with preferential hiring rights= in the STATE SYSTEM.
c. = FACULTY MEMBERS on nine (9) month contracts appointed as acting managers for up to = one (1) year will not be entitled to annual leave. A FACULTY MEMBER appointed initial= ly to a two (2) year appointment as an acting manager will receive ten (10) days = of annual leave in the first year and fifteen (15) days of annual leave in the second year. Any annual leave= not used will lapse at the end of the acting manager appointment. FACULTY MEMBERS on twelve (12) month contracts shall accrue and use annual leave pursuant to Article 21, FRINGE BENEFITS, Section E.
d. = An acting manager may not participate in departmental meetings.
e. = Time spent as an acting manager shall not count in computing the probationary pe= riod, but shall count when computing years of service for salary increments, promotion, and sabbatical= leave.
f. &= nbsp; A FACULTY MEMBER who is disciplined for conduct as an acting manager ma= y not challenge the discipline pursuant to Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, unless disciplined for conduct related to the FACULTY MEMBER’S performance of duties and responsibilities as a FACU= LTY MEMBER.
G. =
; Non-Bargaining
Unit Employees
&= nbsp; Non-bargaining unit employees, who in the opinion of the President have the requisite qualifications, may be assigned by the President to teach courses or perform other duties in an academic department provided the approval by secret ball= ot vote of the majority of the regular full-time FACULTY of the academic department and local APSCUF has been obtained prior to making t= he assignment. In no case shall = such non-bargaining unit employees be assigned to teach or work in an area where there is a qualified retrenchee with preferential hiring rights in the STATE SYSTEM.
Article 8
ACCRETION
&= nbsp; Should additional UNIVERSITIES, branch campuses of UNIVERSITIES, or University teaching locations be established, FACULTY MEMBERS employed by t= he STATE SYSTEM who work at such sites shall be covered by the terms and conditions of this Agreement.
Article 9
RIGHTS AND PRIVILEGES OF APSC= UF
A. "Meet and Discuss"
1. a. = The Chancellor of the STATE SYSTEM or his/her desi= gnee shall meet monthly with a committee appointed by APSCUF for the purpose of discussing matte= rs related to the implementation of this Agreement.
b. = The University President or his/her designee shall meet monthly with a committee appointed by the University chapter of APSCUF for the purpose of discussing matters related to the implementation of this Agreement.
c. = The STATE SYSTEM/UNIVERSITIES and APSCUF agree that the issue of early retirement alternatives is an appropriate subject for Meet and Discuss at the state level in accordance wi= th Article 9, RIGHTS AND PRIVILEGES OF APSCUF, Section A.1.a. of this Agreemen= t.
2. = Meetings shall be scheduled in such manner and at such times as the parties may mutu= ally determine.
3. = A record of the proceedings of such meetings, which accurately reflects the substance of the discussion, shall be maintained if the parties at such meetings mutually agree.
B. = Nothing contained in Section A. shall prevent discussions between the President and= the University chapter of APSCUF<= !--[if supportFields]> concerning matters of the developme= nt of educational policy and the functions and responsibilities of ADMINISTRATIVE FACULTY.
C. 1. Duly authorized representatives of APSCUF shall be permitted to transact official APSCUF XE "APSCUF:Business" business on University property at reasonable times, provided that such business shall not interfere with or interrupt normal University operations or the responsibilities of FACULTY MEMBERS.
2. = APSCUF shall have access to the use of University equipment at reasonable times and after reasonable notice, provided such use does not interfere with the normal operations of the University. APSCUF shall pay the cost of all materials, supplies and other charges incident to such use, including postage and telephones.
D. The STATE SYSTEM/UNIVERSITIES shall make available to APSCUF, upon its reasonable request and within a reasonable time thereafter, such accurate information, records, statistics,= and financial data related to the bargaining unit, and operation of the UNIVERSITIES which are in the possession of the STATE SYSTEM/UNIVERSITIES or its agents and are necessary for negotiations and/or the implementation of = this Agreement. The STATE SYSTEM/UNIVERSITIES shall not be required to compile such material in the f= orm requested if it is not already compiled in that form, unless mutually agreeable.
E. = FACULTY MEMBERS shall be permitted to participate in meetings of APSCUF provided that University management= is given at least one week advance notice and that the duties and responsibili= ties of the FACULTY MEMBER are fulfilled, and provided further that any addition= al costs to the University which arise as a result of the FACULTY MEMBER'S participation in such meetings will be paid for by APSCUF, and provided finally t= hat all expenses of the FACULTY MEMBERS who participate in such meetings shall = be paid for by APSCUF.
F. = APSCUF's designated representative shall be given a place on the agenda at formal University-wide orientations for FACULTY.
G. The UNIVERSITIES shall advise APSCUF<= !--[if supportFields]> of all vacancies in FACULTY and management positions, but neither APSCUF nor FACULTY MEMBERS shall have any special rights with respect to any such vacancies, except as otherwise prov= ided in this Agreement.
H. APSCUF's designated campus representative at each University and up to two (2) statewide representatives from all the UNIVERSITIES shall be granted priority in the selection of times for their teaching schedules and other professional responsibilities in order to facilitate the implementation of this Agreement.
I. &= nbsp; APSCUF shall have the right to use the University's mail distribution service for APSCUF official communications.
J. &= nbsp; The STATE SYSTEM and/or the UNIVERSITIES shall advise the appropriate body of APSCUF two (2) weeks in advance, or prompt= ly after scheduling, of open meetings of the University's Council of Trustees<= !--[if supportFields]> XE "Council of Trustees"= ; and of the STATE SYSTEM Board of Governors; and shall provide APSC= UF with a copy of the advance agenda f= or any such meetings, if one is available. APSCUF, as the exclusive bargaining agent for the FACULTY, shall, at reasonable times and upon reasonable notice, have the right to request a pl= ace on the agenda for any such meeting. Any such request shall not be unreasonably denied. In addition, APSCUF shall be provided with copies of of= ficial minutes of all such meetings upon publication, provided the same are availa= ble for public distribution.
Article 10
RIGHTS OF THE STATE SYSTEM/UNIVERSITIES
A. The STATE SYSTEM/UNIVERSITIES, at their sound discretion, possess the right, in accordance with applicable laws, to manage all operations including the direction of FACULTY and the right to plan, direct and control the operatio= n of all facilities and property of the STATE SYSTEM, except as modified by this Agreement.
B. = As provided by Act 195(Section 702), matters of inherent managerial policy are reserved exclusively to the STATE SYSTEM/UNIVERSITIES. These "include but shall not be limited to such areas of discretion or polic= y as the functions and programs of the public employer (STATE SYSTEM/UNIVERSITIE= S), standards of services, its overall budget, utilization of technology, the organizational str= ucture and selection and direction of personnel."
C. The listing of specific rights in this Article is not intended to be or should = not be considered restrictive or a waiver of any of the rights of management not listed and not specifically surrendered herein, whether or not such rights = have been exercised by the STATE SYSTEM/UNIVERSITIES in the past.
Article 11
APPOINTMENT OF FACULTY
A. &n= bsp; 1. = In the event the President approves the filling of a vacancy within a departme= nt, a candidate, who may be secured from any source, first must be recommended = by the majority of the regular full-time department FACULTY in accordance with= the procedure developed by that department FACULTY. No FACULTY MEMBER shall participat= e in this vote, if a member of his/her immediate family or a person residing in his/her hou= sehold is a candidate for appointment. Immediate family shall be defined as spouse, child, step-child, pare= nt, step-parent, parent-in-law, brother, sister, brother-in-law, or sister-in-l= aw.
&nbs= p; 2. = When a FACULTY MEMBER must withdraw from participation in the appointment proced= ure in accordance with subsection 1. above, he/she shall not be included in the total number of regular full-time department FACULTY for the purpose of determining the majority vote necessary for the department recommendation f= or appointment.
3. = The right of department FACULTY to recommend a candidate for hiring shall also include the right to recommend equivalencies in lieu of the qualifications specified in Act 182 (1963), as amended, for the purpose= s of hiring.
4. = If a candidate is not recommended by the department FACULTY, he/she shall not = be hired. If a candidate is recommended to the department by management and is rejected by the departme= nt, the reasons therefore shall be given in writing to the President or his/her designee within fourteen (14) calendar days of such rejection.
B.<= span style=3D'mso-tab-count:1'> = The recommendation of the department FACULTY in accordance with the provisions = of Section A. above, then must be reviewed by the department chairperson. A department chairperson shall not= be permitted to participate in the review of any candidate, if any candidate i= s a member of his/her immediate family as defined in Section A.1. above, or a person residing in his/her household. The department shall select another FACULTY MEMBER in the department acceptable to the department and management to substitute for the department chairperson.
C.<= span style=3D'mso-tab-count:1'> After review by the department chairperson, the name of a candidate(s) recommende= d by the majority of regular full-time department FACULTY, irrespective of the recommendation of the department chairperson, shall be submitted to = the President or his/her designee, together with the recommendations both of the majority of regular full-time department FACULTY and of the department chairperson. The President or his/her designee may accept or reject the recommendation of the department FACULTY, including the recommendation of the department chairperson, and th= at decision shall be final; provided, however, that if the recommendation is rejected, the reasons therefore shall be given to the department FACULTY, if requested; and provided further, that in the event of any such rejection, t= he procedure specified above shall be repeated until a candidate shall have be= en appointed to fill the vacancy.
D.<= span style=3D'mso-tab-count:1'> If the President agrees with the majority of the regular full-time department = FACULTY'S recommendation as to a candidate, he/she shall make the appointment of that candidate to such rank and at such salary as he/she shall deem appropriate.=
E.<= span style=3D'mso-tab-count:1'> = In the event there is no agreement between the President and the majority of t= he regular full-time department FACULTY as to a mutually acceptable candidate = for appointment to fill the approved vacancy, the President shall have the righ= t to appoint a person to fill the vacancy on an interim basis for a period not to exceed nine (9) months or one (1) academic year, unless a longer period is mutually agreed upon. In no c= ase may the President appoint a person more than once under the provisions of t= his subsection.
F. Regulations Regarding The Hiring Of Part-Time Temporary FACULTY MEMBERS
1. The number of part-time temporary FACULTY MEMBERS at any University shall not exceed seven percent (7%) of the regular full-time and regular part-tim= e FACULTY MEMBERS (i.e. head count) employed at that University as of October 31 of the previ= ous year.
2. The major exceptions to this provision are those part-time temporary FACULTY MEMBERS employed = in the same department:
a. As replacements for regular FACULTY MEMBERS granted:
(1) approved leaves of absence; or
(2) workload equivalents pursuant to the provisions of Article 23, Section J.
b. As a result of failed searches. = However, this exception is not applicable for more than two (2) years, even if the position announcement for the vacancy is changed. Exceptions beyond the second year require approval of State Meet & Discuss.
c. As a result of the death or late written notification of resignation or retire= ment of a regular FACULTY MEMBER. However, this exception is not applicable for more than two (2) year= s, even if the position announcement for the vacancy is changed. Exceptions beyond the second year require approval of State Meet & Discuss.
d. = Appointed as part-time FACULTY MEMBERS under the provisions of Article 40, Section B.= and Article 41, Section B. of this Agreement.
e. The only additional exceptions to these provisions are those part-time replacements mutually agreed to and approved at local and State Meet & Discuss prior to the employment of the part= -time temporary FACULTY MEMBERS.
3. By November 15 of each year, each University will provide the local APSCUF President and the State APSCUF President with a list of the names of all reg= ular full-time and regular part-time FACULTY MEMBERS (i.e. head count) by department employed at that University as of October 31 of that year=
4. By November 15 of each year, each University will provide the local APSCUF President and the State APSCUF President with a list of the names of all temporary part-time FACULTY MEMBERS by department employed at that Universi= ty as of October 31 of that year.
5. By March 15 of each year, each University will provide the local APSCUF President and the State APSCUF President with a list of the names of all temporary full-time and temporary part-time FACULTY MEMBERS by department employed at that University as of February 28 of that year.
G. 1. Effective with t=
he
Fall 1999 semester and each fall semester thereafter, a full-time, temporary
FACULTY MEMBER, who has worked at a University for five (5) full, consecuti=
ve
academic years in the same department, shall be placed in tenure-track stat=
us,
if recommended by the majority of the regular department FACULTY in accorda=
nce
with the procedure developed by that department FACULTY. Such FACULTY shall complete the te=
nure
procedure as provided in Article 15.
This Section shall not apply to FACULTY MEMBERS whose salaries are
funded by a grant.
2. =
Time
spent in a temporary or regular full-time position at the UNIVERSITY may be
counted toward the required probationary period in accordance with Article =
15,
Section B.
3. =
FACULTY
MEMBERS who are placed in a tenure-track position in accordance with this S=
ection
shall receive hospital and medical insurance benefits between their last
temporary semester and their first tenure-track semester.
4. =
No
FACULTY MEMBER shall participate in a vote under the terms of Section G.1.
above, if a member of his/her immediate family or a person residing in his/=
her
household is being considered for tenure-track status. Immediate family shall be defined =
as
spouse, child, step-child, parent, step-parent, parent-in-law, brother, sis=
ter,
brother–in-law, or sister-in-law.
H. 1. Effective with t=
he
Fall semester 1999 and each fall semester thereafter, each department shall
survey its use of temporary FACULTY MEMBERS retroactive
for three (3) years, in addition to the current year, and shall identify the
courses and responsibilities within a disciplinary specialization which have
been performed by temporary FACULTY MEMBERS. The department shall determine whe=
ther
any group of such courses or responsibilities within a disciplinary special=
ization
has constituted a full-time FACULTY position(s) over the eight (8) semesters
and, if so, shall forward a recommendation to the President to create a reg=
ular
position(s). Positions which =
are
converted pursuant to this Section shall be filled in accordance with this
Article. State Meet and Discu=
ss
shall develop guidelines to implement this provision at the local level.
2. =
The
President shall then decide whether to convert the position(s) into a regul=
ar
full-time position(s).
3. =
If
the President denies the conversion of the position(s):
a. &n=
bsp;
he/she shall explain the denial in writing to the department with a copy of=
the
explanation provided to local APSCUF; and
b. &n=
bsp; the
courses or responsibilities of the position(s) as determined by the departm=
ent
in Section H.1. above shall not be taught by temporary FACULTY MEMBER(S) for
two (2) years from the denial of the conversion without the approval of loc=
al
meet and discuss.
=
4. =
Exceptions
to the provisions of this Section shall require the approval of the parties=
at
State Meet and Discuss.
5. =
Replacements
for FACULTY MEMBERS on sabbatical leaves, grant funded positions, or on
approved leaves of absences shall not be subject to the provisions of this
Section.
Article 12
PERFORMANCE REVIEW AND EVALUA= TION OF FACULTY
A. The process of FACULTY evaluation is perceived broadly as a means for extending opportunities for continuous professional development. The processes are intended to be supportive of a FACULTY MEMBER'S desire for continuing professional growth = and academic excellence. With this orientation, FACULTY evaluation will be a contributor to the ongoing improvements of the academic programs of the UNIVERSITIES.
B. = Categories for Performance Review and Evaluation
&= nbsp; The following categories shall serve as the uniform system-wide basis for the evaluation of FACULTY MEMBERS at each University. The categories listed below shall = be applied in the performance review and evaluation of temporary faculty, regu= lar part-time faculty, probationary non-tenured faculty, tenured faculty and all applicants for promotion. Under each category are listed some examples of data upon which judgments can be made of the FACULTY MEMBER'S performance relative to a given category.&= nbsp; When evaluating the data, the appropriate evaluator(s) shall give greater weight to the quality of the performance reflected in the data, tha= n to the quantity of the data.
1. = Effective teaching and fulfillment of professional responsibilities.
a. = This will be indicated, when applicable, by such items as:
student evaluations, peer evaluations, classroom visitations<= !--[if supportFields]> XE "Classroom Visitations&qu= ot; , quality of syllabi, quality of student advisement, willingness to accept departmental work assignments, timely execution of wo= rk assignments, and any other data deemed appropriate and agreed to by the FAC= ULTY and Administration at local meet and discuss.
b. = Evaluation of teaching effectiveness and fulfillment of professional responsibilities will not be based on a single datum. A combination of all appropriate data will be used to give sufficient evidence for an overall judgment of teaching effectiveness and fulfillment of professional responsibilities.
c. = For all FACULTY MEMBERS whose basic responsibilities lie outside the classroom,= the duties and responsibilities of the position shall be the category instead of effective teaching.
d. = For FACULTY MEMBERS with mixed work assignments, effective teaching and= the duties and responsibilities of the position shall be evaluated under the te= rms of this Article.
2.&nbs= p; Continuing scholarly growth.
This will be indicated, when applicable, by such items as:
development of experimental programs (including distance education), papers delivered at national and regional meetings of professional societies; regional and nati= onal awards; offices held in professional organizations; invitational lectures given; participation in panels at regional and nation= al meetings of professional organizations; grant acquisitions; editorships of professional journals; participation in juried shows; program-related proje= cts; quality of musical or theatrical performances; partici= pation in one-person or invitational shows; consultantships; research projects and publication record; additional graduate work; contribution to the scholarly= growth of one's peers; and any other data agreed to by the FACULTY and Administrat= ion at local meet and discuss.
&= nbsp; 3. = Service: contribution to the University and/or community.
This will be indicated, when applicable, by such items as:
quality of participation in program, department, college, and University committees; APSCUF activity contributing to the govern= ance of the University; development of new course(s) or program(s); training or assisting other FACULTY MEMBERS in the use of distance education technology= ; participation in University-wide colloquia; voluntary membership in professionally oriented, community based organizations reasonably related to the FACULTY MEMBER'S discipline; lectures and consultations; consulting with local and area agen= cies and organizations; and any other data agreed to by the FACULTY and Administration at local meet and discuss.
C. General Evaluation Procedures for Regular FACULTY MEMBERS
&= nbsp; The following evaluation procedure shall apply to all regula= r FACULTY MEMBERS at each University. <= /p>
1. a. =
Each
department shall select a committee to assist in the evaluation function. The department evaluation committee
shall consist of at least three (3) members, and shall exclude the departme=
nt
chairperson. The manner of
selection shall be determined by the FACULTY MEMBERS in each department.
b. = The department evaluation committee shall utilize the following materials in preparation of its written evaluation and recommendation:
(1) Student evaluations in all classes during the fall of t= he year of evaluation for tenured FACULTY, and twice each academic year in all classes for probationary non-tenured FACULTY.= An instrument for student evaluati= on of FACULTY shall be developed by local APSCUF, the University managem= ent, and the appropriate student government body as designated by the President,= and approved by local APSCUF and the University management at lo= cal meet and discuss. If, in any year, no approved proce= dure and/or instrument exists, the department chairperson shall administer a stu= dent evaluation. Reproduction and tabulation of the University-wide student evaluation instrument will be the responsibility of= the University management.
(2) Peer evaluations by the department evaluation committee and the department chairp= erson, including evaluations of classroom visitati= on. There shall be at least two (= 2) such classroom visitations each semester by the department evaluation committee, and one (1) such classroom visitation each year by the department chairperson for all non-tenured FACULTY. For all tenured FACULTY in the yea= r of evaluation, there shall be one (1)= such classroom visitation each semester by the department evaluation committee and one (1) such classroom visitation during the year by the department chairperson. Prior to putting a classroom visit= ation evaluation in writing, there shall be a discus= sion of the observations with the FACULTY MEMBER. These evaluations shall not displa= ce nor diminish the importance of other evidence of the degree to which the FACULTY MEMBER'S responsibilities have been met during the evaluation period. The department evaluation committee shall designate the manne= r in which peer evaluations will take place.
(3) An updated copy of the FACULTY MEMBER'S vita<= !--[if supportFields]>.
(4) Any other pertinent data the FACULTY MEMBER wishes to submit (copies of articles published, letters from references, copies of grant applications, etc.).
(5) The evaluation<= !--[if supportFields]> process for FACULTY MEMBERS with wo= rk assignments outside of their department shall be conducted by the FACULTY in the unit where the work is performed and forwarded to the FACULTY MEMBER'S department for inclusion in his/her total evaluation.
(6) Other data which the department evaluation committee may deem pertinent.
c. (1) The department evaluation committee shall provide the FACULTY MEMBER with a reasonable opportunity to discuss its evaluation after which the committee shall submit its detailed written evaluation and recommendation along with = the above mentioned supportive materials to the appropriate Academic Dean with a copy to the FACULTY MEMBER and the department chairperson. The FACULTY MEMBER may, if he/she disagrees with the committee's evaluation, send to the Dean<= !--[if supportFields]> a written response to the department evaluation committee's evaluation.
(2) The department chairperson shall provide the FACULTY MEMBER with a reasonable o= pportunity to discuss his/her evaluation after which the chairperson shall independent= ly send a written evaluation with recommendations to the appropriate Academic = Dean<= !--[if supportFields]>. The chairperson's evaluation shall be b= ased on his/her knowledge and personal observation of the FACULTY MEMBER'S performance, the results of the department evaluation committee's evaluation and recommendations and the materials submitted by the FACULTY MEMBER. The chairperson shall provide copi= es of his/her evaluation and recommendations to the FACULTY MEMBER and the depart= ment evaluation committee. No depa= rtment chairperson shall provide a chairperson evaluation of himself/herself, or an evaluatio= n of a member of his/her immediate family or a person residing in his/her household. Immediate family XE "Immediate Family" <= ![endif]--> shall be defined as spouse, child, step-child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, or sister-in-law. The department shall select another FACULTY MEMBER in the department acceptable to the department and management to substitute for the department chairperson.
(3) The Dean shall provide a written performance review in accordance with this Article. The FACULTY MEMBER shall be provid= ed with an opportunity by the Dean to discuss the performance review and such discussion shall be specific and detailed and clearly set forth those areas= of performance, if any, which require improvement. A copy of the draft performance re= view by the Dean shall be provided to the FACULTY MEMBER prior to discussion with the Dean. This review = shall be based on the data supplied by the department evaluation committee, department chairperson a= nd any other relevant and substantiated data gathered by the Dean. The Dean shall provide a copy of h= is/her performance review to the FACULTY MEMBER, the department chairperson, and t= he department evaluation committee. For FACULTY MEMBERS whose basic responsibilities lie outside the classroom, the appropriate management supervisor shall fulfill all responsibilities of the Dean listed in this Article. No Dean/management supervisor shall evaluate a member of his/her immediate family (spouse, child, step-child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, or sister-in-l= aw), or a person residing in his/her household.= The President or his/her designee shall select another Dean<= !--[if supportFields]>/management supervisor a= s a substitute to provide the performance review.
2. = The failure of a department, the department chairperson, or the department evaluation committee to carry out their duties and responsibilities shall n= ot bar the President, the appropriate Academic Dean or other University manage= ment personnel from conducting, in good faith, the performance evalua= tion reviews nor from taking action to renew or non-renew a probationary non-tenured FACULTY MEMBER.
3. = All evaluation reviews conducted by the President, appropriate Academic Dean, or other University manageme= nt personnel shall be subject to the provisions of Article 5, GRIEVANCE PROCED= URE AND ARBITRATION<= !--[if supportFields]>, but only to the extent= that the evaluation review was conducted in an arbitrary or capricious fashion.<= span style=3D'mso-spacerun:yes'> Action or inaction by the departme= nt, department chairperson or department evaluation committee = with regard to the provisions of this Article shall not be subject to the provis= ions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION.
D. Evaluation of FACULTY MEMBERS Whose Basic Area= s of
&= nbsp; Responsibility Lie Outside the Classroom
1. = The evaluation procedures for such FACULTY MEMBERS will= be the same as that outlined in Section C. of this Article. The written performance review wil= l be provided to such FACULTY MEMBERS by the appropriate management supervisor.<= /p>
2. = Categories for the evaluation of such FACULTY MEMBERS shall be th= e same as for teaching FACULTY as set forth in Section B. of this Article, except = that performance of duties as described in the official position description wil= l be used in lieu of effective teaching. If such FACULTY MEMBERS also teach courses, the category for effective teaching shall also be evaluated.
E. = Evaluation of FACULTY MEMBERS with Mixed Workloads
&= nbsp; The evaluation of such FACULTY MEMBERS shall include evaluations of both teachi= ng duties and those responsibilities, which lie outside of the classroom, purs= uant to the categories and procedures identified in this Article.
F. = Evaluation of Probationary Non-Tenured FACULTY MEMBERS
1. = A newly appointed tenure track FACULTY MEMBER will have probationary status XE "Probationary Status"= ; for a period of five (5) years. Probationary FACULTY shall be made aware, by management in writing, at the time of their employment of the rul= es, regulations, procedures and objectives they are required to meet as FACULTY MEMBERS of the University. A = copy of each letter of appointment shall be sent to the local APSCUF President XE "APSCUF:Local President&q= uot; .
2. = Performance review evaluations for probationers in the first, seco= nd, third, and fourth year of employment shall contain a recommendation concern= ing renewal or non-renewal and shall specify any improvements which may be necessary.
&= nbsp; 3. = Fall Hires:
a. = The department evaluation committee shall forward its report = and written recommendations as described in Section C.1.c.(1) of this Ar= ticle by the following dates:
(1) first year probationary non-tenured FACULTY by January 30.
(2) second, third, fourth, and fifth y= ear probationary non-tenured FACULTY by November 1.
b. &n= bsp; The department chairperson shall forward his/her report and wr= itten recommendations as described in Section C.1.c.(2) of this Article by th= e following dates:
(1) first year probationary non-tenured FACULTY by February 7.
(2) second, third, fourth, and fifth y= ear probationary non-tenured FACULTY by November 8.
c. &n= bsp; The Dean or appropriate manager will provide the FACULTY MEMBER with his/her report and written recommendations by the following dates:
(1) first year probationary non-tenured FACULTY by February 28.
(2) second, third, fourth, and fifth y= ear probationary non-tenured FACULTY by December 15.
4. = Spring Hires:
a. The department evaluation committee shall forward its report and written recommendations as described in Section C.1.c.(1) of this Article by the following dates:
(1) first year probationary non-tenured FACULTY by September 23.
(2) second, third, and fourth year probationary non-tenured FACULTY by November 1.
(3) fifth year probationary non-tenured FACULTY by April 1.
b. The department chairperson shall forward his/her report and wr= itten recommendations as described in Section C.1.c.(2) of this Article by the following dates:
(1) first year probationary non-tenured FACULTY by September 30.
(2) second, third, and fourth year probationary non-tenured FACULTY by November 8.
(3) fifth year probationary non-tenured FACULTY by April 8.
c. &n= bsp; The Dean or appropriate manager will provide the FACULTY MEMBER with his/her report and written recommendations by the following dates:
(1) first year probationary non-tenured FACULTY by October 30.
(2) second, third, and fourth year probationary non-tenured FACULTY by November 30.
(3) fifth year probationary non-tenured FACULTY by April 15.
5. = No evaluations will be required after= a probationer is sent a notice of non-renewal by the President.
6. = Procedures relating to retention of a probationary non-tenured FACULTY MEMBER will be = in accordance with the provisions of Article 14, RENEWALS AND NON-RENEWALS.
G. Evaluation of Tenured FACULTY MEMBERS
1. = Each tenured FACULTY MEMBER shall receive a performance review evaluation from his/her Dean or appropriate manager as provided in Section C. of this Article no later than= May 15 of his/her fifth year of appointment as a tenured FACULTY MEMBER and aga= in no later than May 15 of every fifth year thereafter. Department evaluation committee reports shall be forwarde= d as described in Section C.1.c.(1) of this Article by April 1. Department chairperson's reports XE "Dates:Department Chairpe= rson's Report" shall be forwarded as described in Section C.1.c.(2) of this Article by April 8.
2. = In the event that a tenured FACULTY MEMBER is on leave during any part of his/= her evaluation year, he/she will be evaluated the first year following the leav= e.
3. Interim evaluations may be conducted, if j= udged necessary by the department or if required by the appropriate Academic Dean. These performance revie= ws must be provided in writing to the tenured FACULTY MEMBER.
H. Evaluation Procedures for Temporary FACULTY ME= MBERS
= 1. = Evaluations for temporary FACULTY MEMBERS appointed for a full academic year and tempor= ary FACULTY MEMBERS appointed for spring semester only shall be conducted using= the procedures for regular FACULTY MEMBERS described in Section C. of this Arti= cle and the schedule for evaluation of tenured FACULTY MEMBERS described in Sec= tion G.1. of this Article.
=
= 2. = The evaluations for temporary FACULTY MEMBERS appointed for fall semester only shall be conducted in the fall using the procedures for regular FACULTY MEM= BERS described in Section C. of this Article and according to the following schedule:
=
a. = department evaluation committee reports by November 1.
b. = department chairperson reports by November 8.
c. = performance review by Dean or appropriate manager by November 30.
= 3. = Only one (1) classroom observation from either the department chairperson or a member of the department evaluation committee shall be required for all part-time temporary faculty and full-time temporary faculty appointed for o= ne (1) academic semester.
Article 13
PERSONNEL FILES
A. 1. Each University shall maintain one (1) confidential complete official personnel file for ea= ch FACULTY MEMBER. No anonymous material shall be placed in the official personnel file. A FACULTY MEMBER upon his/her requ= est shall have the right to receive a copy of material placed in the personnel = file by management personnel.
2. In addition, there may be one (1) official pre-employment file which shall be confidential and sha= ll contain letters of reference and recommendations and/or material related thereto secured from sources outside the University. At the time of the granting of ten= ure all letters of reference and recommendation shall be destroyed and academic credentials shall be transferred to the official personnel file, unless the= re is an Equal Employment Opportunity Commission action pending against the University. If there is an Eq= ual Employment Opportunity Commission action pending, the pre-employment file should be forwarded to the Office of the Chief Counsel for the STATE SYSTEM for inclusion = in that Office's litigation files or for destruction by that Office.
3. = A FACULTY MEMBER shall have the right to make such additions or responses to = the material contained in his/her official personnel file as he/she shall deem necessary. Only material whic= h is directly related to the FACULTY MEMBER'S work performance shall be included= in the confidential personnel file.
B. 1. = A FACULTY MEMBER shall have access to his/her official personnel file during regular office hours, provided that there shall be no undue interference wi= th the normal routine of the office. Under no circumstances shall the official personnel file be removed = from the office by the FACULTY MEMBER, and his/her access to the file shall be o= nly in the presence of someone in authority in the office.
2. = In addition to the FACULTY MEMBER, only the Chancellor, President and their designees shall have access to the official personnel file without the expr= ess written approval of the FACULTY MEMBER.&nb= sp; The President and his/her designee shall be responsible for the placement of material in, and the removal of material from, the official pe= rsonnel file.
3. = The FACULTY MEMBER shall have no right of access to the official confidential pre-employment file.
4. = APSCUF shall have access to the official personnel file of a FACULTY MEMBER at reasonable times during regular office hours, after having given reasonable notice, provided APSCUF first shall ha= ve obtained the express written approval of that FACULTY MEMBER.
5. = Departmental and University-wide tenure and prom= otion committees= shall have access to the official personnel file of any FACULTY MEMBER who is being considered for tenure and= /or for promotion who, at the time of application, gives approval in writing. <= span style=3D'mso-spacerun:yes'> The application form of each Univer= sity shall include a statement giving the applicant an option either to submit o= r to withhold the file.
C. If the official person= nel file is duly subpoenaed in accordance with law, the FACULTY MEMBER shall be notified at the earliest possible time.
Article 14
RENEWALS AND NON-RENEWALS
A.<= span style=3D'mso-tab-count:1'> Procedure
1. = Probationary non-tenured FACULTY appointments are for one (1) year at a time and are subject to renewal or non-renewal. The total period= of unbroken full-time service in a probationary non-tenured FACULTY position at the same University prior to applying for tenure will be four and one-half = (4 1/2) years, except as provided in Article 15, TENURE, Section B.
2. = In the case of each probationary non-tenured FACULTY MEMBER, a determination m= ust be made each year whether to renew the appointment of the probationer or non-renew the probationary non-tenured FACULTY MEMBER'S appointment. A probationary non-tenured FACULTY MEMBER in his/her fifth year of probationary employment may apply for tenur= e by December 31 (May 1 for FACULTY MEMBERS with Jan= uary anniversary dates). Failure to apply for tenure shall result in the sixth year being the terminal year of employment.
3. = The evaluation procedures for probationary non-ten= ured FACULTY MEMBERS are delineated in Article 12, PERFORMANCE REVIEW AND EVALUA= TION OF FACULTY.
4. = Notice of Renewal and Non-Renewal
a. = Probationers appointed at the start of the academic year
(1) Probationers in their first year:
&= nbsp; No later than April 1, first year probationers will be not= ified, in writing, by the President of renewal or non-renewal. The non-renewal will be effective = at the end of that academic year. Re= asons for non-renewal shall be supplied to the FACULTY MEMBER, in writing, if requested.
(2) Probationers in their second through fourth year:
&= nbsp; Notice of renewal or non-renewal of second, third, and fourth year probationers wi= ll be sent by the President no later than January 30 of the second, third, or fourth year of probationary employment. Non-renewals will be effective at = the end of the academic year in which the non-renewal notice is sent. Reasons for non-renewal shall be supplied to the FACULTY MEMBER, in writing, if requested.
(3) Probationers in their fifth year:
&= nbsp; Notice of renewal or non-renewal of fifth year probationers will be in accordance = with the provisions of Article 15, TENURE.
b. = Probationers appointed at mid-year (January)
(1) For probationers in their first year of probationary employment, notice of rene= wal or non-renewal for mid-year appointees shall be sent by the President no la= ter than November 15 of their first year of probationary employment, and such non-renewal shall be effective at the end of that semester.
(2) For probationers in their second, third, and fourth year of probationary employment, notice of renewal or non-renewal for mid-year appointees shall be sent by the Preside= nt no later than December 15 of the second, third, or fourth yea= r of probationary employment. Such= a non-renewal notice shall be effective at the end of the spring semester of = the third, fourth or fifth year of probationary employment.
(3) Notice of renewal or non-renewal of fifth year mid-year appointees shall be in accordance with the provisions of Article 15, TENURE.
5. = An individual probationary non-tenured FACULTY MEMBER in the first and second = year of probationary employment shall have the right to grieve, in accordance wi= th Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, non-renewal only as to himself/herself and then only with respect to failure to observe the time limits set forth in Section A.4. of this Article. Action or inaction by FACULTY MEMB= ERS of the bargaining unit relating to renewals and non-renewals shall not be grievable and shall not bar the President from taking actions which he/she deems to be either appropriate or required.
6. = Should the University President decide not to renew a probationary non-tenured FAC= ULTY MEMBER in the third or fourth year of probationary employment, who has been recommended by the department chairperson and the department evaluation committee, the FACULTY MEMBER shall= have the right to grieve the non-renewal in accordance with Article 5, GRIEVANCE PROCEDURE AND ARBITRATION<= !--[if supportFields]>, of this Agreement.
7. = Should either a department chairperson or the department evaluation committee not recommend renewal for= a probationary non-tenured FACULTY MEMBER in the third or fourth year of probationary employment, the non-renewal shall be sent to the University-wi= de tenure committee by the President for its recommendation. If, and only = if, two (2) of the three (3) recommendations (department evaluation committee, department chairperson, University-wide tenure committee) favor renewal and= the President fails to renew, the FACULTY MEMBER shall have the right to grieve= the non-renewal in accordance with Article 5, GRIEVANCE PROCEDURE AND ARBITRATI= ON, of this Agreement.
8. = An individual probationary non-tenured FACULTY = MEMBER in the third or fourth year of probationary appointment who does not secure= at least two (2) positive recommendations shall have the right to grieve in accordance with Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, of this Agreement only with respect to failure to observe the time limits set in Section A.4. of this Article. Action or inaction by FACULTY MEMBERS of the bargaining unit relating to renewals = and non-renewals shall not be grievable and shall not bar the Preside= nt from taking actions which he/she deems to be either appropriate or required= .
9. = The burden of proof in grievances and arbitrations filed under Sections A.6., A.7., and A.8. of this Article shall be upon the FAC= ULTY MEMBER to show why he/she should be renewed.
B.<= span style=3D'mso-tab-count:1'> = Resignation
Article 15
TENURE
A.<= span style=3D'mso-tab-count:1'> Definition
B. = There shall be a probationary period of five (5) f= ull academic years at the University (from the most recent date of appointment)= for each FACULTY MEMBER. During t= he probationary period, the FACULTY MEMBER shall be observed and evaluated in accordance with the provisions of Article 12, PERFORMANCE REVIEW AND EVALUA= TION OF FACULTY. Only full-time employment at the University in a non-temporary position shall be counted in computing the probationary period, except that time spent in a temporary or regular part-= time, temporary full-time or regular full-time position at any UNIVERSITY may, on= the recommendation of the department and the approval of the President, be coun= ted toward the required probationary period.&n= bsp; Any semester a probationary FACULTY MEMBER is on full leave from the University, with or without pay, will not be counted toward the required probationary period. No FACUL= TY MEMBER will be granted tenure unless he/she has met the minimum qualificati= ons for the rank of assistant professor as set forth in applicable laws.
C. &n= bsp; 1. = Each University President shall, by October 1 (February 1 for FACULTY MEMBERS with January anniversary dates), send a notice to all fifth year probationers with copies to the appropriate department chairpers= on, notifying the fifth year probationer that he/she has until December 31 (May= 1 for FACULTY MEMBERS with January anniversary dates) of that year to apply f= or tenure. By December 31 (May 1= for FACULTY MEMBERS with January anniversary dates) of the fifth year of the probationary period, a FACULTY ME= MBER may apply for tenure. The req= uest for tenure shall be submitted to the President, with a copy to the appropri= ate department. This request shall include a statement of the reasons why the FACULTY MEMBER believes he/she should be granted tenure. By = May 31 (December 31 for FACULTY MEMBERS with January anniversary dates) of the fif= th year of probationary employment, the President shall either grant tenure to= the probationer or the probationer's sixth year of employment shall be a termin= al year of employment.
2. = If a fifth year probationary FACULTY MEMBER fails to apply for tenure, that probationer's sixth year of employment shall be a terminal year.
D.<= span style=3D'mso-tab-count:1'> All present FACULTY MEMBERS who hold tenure as the result of procedures establi= shed at their respective UNIVERSITIES shall continue in that status.
E.<= span style=3D'mso-tab-count:1'> = The procedure for granting tenure shall be:
1. = A department committee, which shall include te= nured FACULTY MEMBERS, if available, shall recommend to the University-wide tenure committee, elected by and from the FACULTY, the names of those eligible fifth-year probationary non-tenured FACULTY MEMBERS of the department who have applied for tenure and whom they consider to be qualified for tenure; provided, however, that the department chairperson shall make an independent recommend= ation to the University-wide tenure committee regarding those other than himself/herself who have applied for tenure. No FACULTY MEMBER shall serve on a departmental or University-wide tenure committee when he/she, or a member of his/her immediate family, or a person residing in his/her household is an applicant for tenure. No department chairperson shall make a recommendation regardi= ng tenure for himself/herself, or a member of his/her immediate family, or a person residing in his/her household. Immediate family shall be defined as spouse, child, step-child, pare= nt, step-parent, parent-in-law, brother, sister, brother-in-law, or sister-in-l= aw. A department chairperson shall not= be permitted to participate in the review of any applicants, if he/she is an applicant, or if any applicant is a member of his/her immediate family or a person residing in his/her household. The department shall select another FACULTY MEMBER in the department acceptable to the department and management to substitute for the department chairperson.
2. &n=
bsp; The
recommendation of the department committee and of the department chairperso=
n shall be completed no later than Fe=
bruary
15 (October 1 for FACULTY MEMBERS with
January anniversary dates), and by that date, the department chairperson sh=
all
submit the full list provided by the department committee together with his=
/her
recommendation, in writing, with respect to each applicant, to the
University-wide tenure committee, and a copy of the full=
list
shall be forwarded to the President.
If the department committee or department chairperson fails to submi=
t a
recommendation to the University-wide tenure committee by the appropriate d=
ate,
the applicant may submit the application and the supporting material direct=
ly
to the University-wide tenure committee.
3. = The University-wide tenure committee, which shall consist of tenured FACULTY MEMBERS, shall review all tenure applications and recommendations received pursuant to this Article and shall, by April 1= (November 1 for FACULTY MEMBERS with January anniversary dates), submit its recommendations (positive and negati= ve), together with the data upon which those recommendations are based, to the President or his/her designee. Each applicant for tenure shall have the right to request and make an appearance before the University-wide tenure committee to speak on his/her own behalf, before the committee submits its recommendations to the President or his/her designee.
4. = The President shall grant tenure effective as of the beginning of the next acad= emic term to those FACULTY MEMBERS whom he/she approves and such decisions shall= not be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRAT= ION. However, if at least two (2) of the three (3) recommendations (department committee, University-wide committee, department chairperson) are positive with respect to the granting of tenure= and the President denies tenure, the FACULTY MEMBER shall have the right to gri= eve the denial of tenure in accordance with the terms of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION<= !--[if supportFields]>.
5. = The President shall notify in writing each eligible FACULTY MEMBER, who applied= for tenure in accordance with the above, of either the positive or the negative decision made with respect to the granting of tenure. The President shall make his/her decision by May 31 (December 31 for FACULTY MEMBERS with January anniversary dates). In the event that the President does not grant tenure to a FACULTY MEMBER who has been so recomme= nded by the University-wide tenure committee, the reasons therefore shall be giv= en to such committee and the affected FACULTY MEMBER(S), if requested in writi= ng.
6. = The President shall act independently if the committee(s) fails to act within t= he time limits specified. Action= or inaction by FACULTY MEMBERS of the bargaining unit relating to tenure is not grievable and will not bar the President from taking actions he/she deems t= o be either appropriate or required.
7. = Representatives of local APSCUF shall have the right to meet with t= he department and University-wide tenure committees for the purpose of explain= ing the duties and responsibilities of committee members.
F. &n= bsp; 1. = A tenured FACULTY MEMBER may be terminated, suspended without pay for a period not to exc= eed sixty (60) days, or otherwise disciplined only for just cause. In the event the President believe= s such just cause exists, he/she shall give written n= otice, specifying the reasons, to the affected FACULTY MEMBER and APSCUF, and that FACULTY MEMBER shall have the right to grieve solely by means of and in compliance with all provisions of the procedure provided for in Article 5, GRIEVANCE PROCEDURE = AND ARBITRATION.
2. = A probation= ary non-tenured FACULTY = MEMBER may be terminated, suspended without pa= y for a period not to exceed sixty (60) days, or otherwise disciplined at any time prior to the expiration of his/her five (5) year probationary period. The President shall give written n= otice to the affected non-tenured probationary FACULTY MEMBER and APSCUF, specify= ing the reasons for the discipline, and that non-tenured probationary FACULTY M= EMBER shall have the right to grieve where the non-tenured probationary FACULTY MEMBER asserts that the discipline is discriminatory or arbitrary and capricious, but such assertions shall be processed solely by means of and in compliance with all provisions of the procedure provided for in Section C. = of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION. This subsection does not apply to non-renewal actions.
G. &n= bsp; 1. = If a FACULTY MEMBER is terminated and a grievance is filed contesting= the termination, all pay and benefits shall continue for a period of ninety (90) days from the effective date of termination, which date shall be determined solely by the President in his/her discretion. At the end of this ninety (90) day= period all pay shall cease; all benefits likewise shall cease, with the exception = of life insurance, hospital and medical XE "Insurance:Hospital and Medical" coverage, and health and welfare XE "Insurance:Health and Welfare" benefits, which shall continue unti= l the date the grievance is resolved or the date the arbitration decision is issued on the grievance, whichever occurs first.
&nbs= p; 2. = The President, in his/her sole discretion, may extend the termination date of a FACULTY ME= MBER and may assign the FACULTY MEMBER the same or other academic or administrat= ive duties if the President in his/her sole discretion determines that such assignment will not be detrimental to the operation of the University. The FACULTY MEMBER may, at the President's sole discretion, be offered these same or other duties and may continue on the payroll of the University.
&nbs= p; 3. = If a terminated FACULTY MEMBER contes= ts his/her termination by filing a grievance, such grievance will be handled in an expeditious fashion in the steps of the grievance procedure. If the grievance is not resolved b= y the third step of the grievance procedure and APSCUF requests that the grievance be subm= itted to arbitration, the parties will make a good faith effort to schedule the grievance for hearing before an arbitrator within ninety (90) days, or sooner if possible= , of the date the request for arbitration is received by the STATE SYSTEM/UNIVERSITIES.
H.<= span style=3D'mso-tab-count:1'> If a FACULTY MEMBER is suspended pursuant to this Article, all benef= its, including but not limited to hospital and medical insurance, life insurance, and health and welfare benefits, shall be continued for the duration of the suspension.
Article 16
PROMOTIONS
A. Qualifications and Categories for Evaluation
1. = The minimum qualifications for ranks shall be as specified in the applicable la= ws.
2. = In addition to the required minimum qualifications, categories for FACULTY promotions shall include, but not be limited to, the categories identified = in Article 12, Section B., PERFORMANCE REVIEW AND EVALUATION OF FACULTY.
3. = Effective July 1, 2000, each University shall provide written job descriptions for all FACULTY MEMBERS whose basic responsibilities lie outside the classroom and = for the nonclassroom responsibilities of FACULTY MEMBERS with mixed workloads.<= span style=3D'mso-spacerun:yes'> This official job description shal= l be the basis of the evaluation of these FACULTY MEMBERS in lieu of effective teaching. A copy of the job description or any subsequent revision shall be placed in the FACULTY MEMBER’S official personnel file and a copy shall be sent to local AP= SCUF for informational purposes.
B. = Promotion Policies and Procedures
&= nbsp; The following promotion procedure shall be used at each University:
1. = Promotions at each University shall be granted by the President only in accordance with the approved and published Statement of Promotion Policies and Procedures f= or each University.
2. = The University-wide promotion committee shall be elected by and from the FACULTY and shall include no more than one (1) member from any department.
3. = Any FACULTY MEMBER with the required minimum qualifications may submit an application for promotion, together with written substantiation of the abov= e-mentioned criteria, not later than November 1.
4. = Applications should be submitted to the appropriate department chairperson who shall immediately notify the de= partmental committee. In all cases an application must r= eceive consideration first at the department level.
5. = No FACULTY MEMBER shall serve on a departmental or University-wide committee w= hen he/she or a member of his/her immediate family or a person residing in his/her hou= sehold is an applicant for promotion. No department chairperson shall evaluate his/her own applicat= ion for promotion or the application of a member of his/her immediate family or= a person residing in his/her household. Immediate family shall be defined as spouse, child, step-child, pare= nt, step-parent, parent-in-law, brother, sister, brother-in-law or sister-in-law. A department chairperson shall not be permitted to participate in the review of any applicants, if he/she or a member of his/her immediate family or a person residing in his/her household is an applicant. The department shall select another FACULTY MEMBER in the department acceptable to the department and managemen= t to substitute for the department chairperson.
6. = The appropriate department committee and department chairperson shall submit the full list of applicants, together with a detailed recommendation in accorda= nce with the University Statement on Promotion Policies and Procedures with respect to each applicant, in writing, to the University-wide promotion committee no later than February 1<= !--[if supportFields]> XE "Dates:Department Promoti= on Committee Report" , with a copy of the lis= t of applicants being forwarded to the appropriate Dean<= !--[if supportFields]> or other appropriate management personnel. In addition, all data and materials upon which the recommendatio= n of the department committee is based shall be forwarded to the President or his/her designee by February 1. If the committee or chairperson fails to submit a recommendation to the University-wide promotion committee by the appropriate date, the applicant = may submit the application and the supporting material directly to the University-wide promotion committee.
7. =
a. The Dean/Library Director (Provost at
b. Following the dean’s recomme= ndation, the Provost shall submit a recommendation to the University-wide promotion committee no later than February 21, with a copy = to the FACULTY MEMBER. The FACUL= TY MEMBER shall have opportunity to respond by March 1.
8. = The University-wide promotion committee shall review all applications received = from the departments. The University-wide promotion committee shall then forward the full list, toget= her with its recommendations that are in accord with the University Statement on Promotion Policies and Procedures as to each applicant to the President or his/her designee not later than April 15.
9. = The University-wide promotion committee shall have the right to consult with the appropriate department committee, department chairperson, deans, provost, or individuals submitting requests for promotion.
10. Each applicant for promotion shall have the right to request and make an appeara= nce before the University-wide promotion committee to speak on his/her own beha= lf before the committee submits its recommendations to the President or his/her designee.
11. <= /b>In the event the President or his/her designee rejects a recommendation of the University-wide promotion committee, that committee shall be notified in writing and shall be given an opportunity to discuss the matter with the President or his/her designee. Promotions shall be made by the President effective as of the beginn= ing of the next academic semester and announced to the FACULTY not later than J= uly 15 (January 15 for mid-year promotions= , if applicable).
12. An individual FACULTY MEMBER shall have the right to grieve, in accordance with Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, promotion decisions on= ly as to himself/herself and then only with respect to failure by management to observe the procedures set forth above or insofar as other provisions of th= is Agreement may have been violated. Action or inaction by members of the bargaining units with regard to promotions shall not be grievable. Representatives of local APSCUF shall have the right to meet with t= he department and University-wide promotion committees to explain the duties and responsibilities of such committees.
C. Salary Increase Upon Promotion
&= nbsp; Effective with the start of the fall semester, 2004, a FACULTY MEMBER who is promoted shall be placed on the negotiated salary step for the next higher rank, whi= ch is no less than ten percent (10%) above the FACULTY MEMBER’S current step. The ten percent (10%) includes any applicable service increment.
D. Amending Local Promotion Policies
&nbs= p; University Statements on Promotion Policies and Procedures shall be amended by agreeme= nt at local meet and discuss and any amendments will be reviewed= for approval by State Meet and Discuss for the sole purpose of insuring th= eir compliance with this Agreement and the "Guidelines for the Preparation= of a Statement of Promotion Policies and Procedures."
Article 17
SICK LEAVE
A. Accrual
1. a. = A regular full-time FACULTY MEMBER shall accrue sick leave at the rate of fif= teen (15) days for each academic year of service in accordance with current practice.
b. &n=
bsp; Full-time
temporary FACULTY MEMBERS employed for one (1) academic semester shall accr=
ue
seven and one-half (7 1/2) days of sick leave and full-time temporary FACUL=
TY
MEMBERS employed for one (1) academic year shall accrue fifteen (15) days of
sick leave.
c. = A regular part-time FACULTY MEMBER shall accrue sick le= ave on a pro-rated basis according to the percentage of the standard workload assi= gned for the academic year.
d. = Part-time temporary FACULTY MEMBERS shall accrue one (1) day of sick leave per semest= er.
2. = Sick leave shall be cumulative from year to year.
3. = Sick leave with full pay to the total amount accumulated, but not to exceed the maximum allowed by law in a calendar year, may be granted to a FACULTY MEMB= ER for his/her personal illness or accident.
4. = The provisions of this Article shall not preclude the granting of additional si= ck leave by administrative action in accordance with applicable law.
5. = A FACULTY MEMBER shall be credited with paid sick leave while on sabbatical XE "Sabbatical Leaves" = in accordance with the following schedule:
a. = 7 1/2 days shall be credited for a sabbatical leave with half pay for a full academic year or a sabbatical leave with full pay for one semester.
b. = 15 days shall be credited for a sabbatical leave with full pay for the entire academic year.
B. = Usage
1. = Sick leave to the maximum permitted by law (in any one (1) calendar year) shall = be granted by management to a FACULTY MEMBER, and shall be charged to the FACU= LTY MEMBER for any absence related to the FACULTY MEMBER'S own personal illness= or accident which occurs while the FACULTY MEMBER is in an active pay status.<= span style=3D'mso-spacerun:yes'> Sick leave usage shall be charged = for each day of absence in a week during which the FACULTY MEMBER is in an acti= ve pay status on the basis of a five (5) day week, regardless of a FACULTY MEMBER'S work schedule in that week except for part-time FACULTY MEMBERS as identified in subsection 2 below. Sundays, holidays and vacation periods shall not be charged to sick leave.
2. = A full-time FACULTY MEMBER who is absent for a partial day shall be charged one-half (1/2) day of sick leave. A part-time FACULTY MEMBER shall be charged one-half (1/2) day of sick leave = for absences on days where he/she is scheduled to teach one (1) class and a full day of sick leave for absences when two (2) or more classes are scheduled t= o be taught.
3. = No sick leave shall be used if the reason for the requested sick leave is an accidental injury which occurred while the FACULTY MEMBER was engaged in remunerative work unrelated to University duties.
4. = A physician's statement may be required for absences of thr= ee (3) or more consecutive days because of illness, or in situations where, in the= opinion of the FACULTY MEMBER'S appropriate Dean or other appropriate management personnel, sick leave is being abused.
5. = FACULTY MEMBERS may use accumulated sick leave while working on a summer school contract in accordance with the following po= licy:
a. = A FACULTY MEMBER who becomes ill after beginning summer classes may use accumulated sick leave if he or she has not yet used more than the maximum number of days allowed by law in the current calendar year.
b. = A FACULTY MEMBER who is contracted to teach summer school and cannot report f= or work in accordance with the terms of the contract because of illness shall = be permitted to use accumulated sick leave for the duration of the contracted session; provided that the FACULTY MEMBER submits proof of illness or disability in the form of a physician's certif= icate which shall be submitted prior to the start of the summer session if possib= le, and which shall state a prognosis and expected date of return; and provided further that the University may require the FACULTY MEMBER to be examined b= y a physician of the University's choice. If the physician chosen by the University determines that the illnes= s or disability will not prevent the FACULTY MEMBER from fulfilling his/her cont= ract duties and responsibilities, no sick leave shall be granted.
c. = A regular FACULTY MEMBER who notifies the appropriate supervisor of a reasona= ble delay in reporting for the beginning of summer employment may be granted pa= id sick leave for the period of absence.
d. = Temporary faculty appointed for summer school are not entitled to receive pay for per= iods of absence due to illness.
6. = Sick leave of one (1) week or less for ACADEMIC FACULTY MEMBERS may, at the discretion of the President or his/her designee, require that classes be covered by colleagues of the FACULTY MEMBER. For a sick leave period of more th= an one (1) week, the affected classes shall be covered, at the discretion of the President or his/her designee, either by hiring a temporary FACULTY MEMBER = or by assigning classes to another FACULTY MEMBER. In this latter situation, overload= , in accordance with Art= icle 25, OVERLOAD, shall be paid to the extent the assignment exceeds the maximum teaching load provided in this Agreement.
7. In
accordance with Act 182, whenever a FACULTY MEMBER shall be absent from duty
because of a death in the immediate family of said FACULTY MEMBER, there sh=
all
be no deduction in salary of said FACULTY MEMBER for an absence not in exce=
ss
of three (3) days. Members of=
the
immediate family shall be defined as father, mother, brother,
sister, son, daughter, husband, wife, domestic partner, or parent-in-law.
8. Where sickness in the immediate family requires the FACULTY MEMBER= 'S absence from work, FACULTY MEMBERS may use not more than five (5) days of s= ick leave entitlement in each calendar year for that purpose. Unless granted an exception by the President or his/her designee, immediate family is defined as the husband, wife, domestic partner, child, or parent, of t= he FACULTY MEMBER or child of the FACULTY MEMBER’S domestic partner. The STATE SYSTEM/UNIVERSITIES may require proof of such family sickness in accordance with Section B.4. of this Article.
1. A sick leave bank shall be established at each University. All FACULTY MEMBERS who have earne= d a minimum of 315 days of sick leave shall be required to contribute one (1) d= ay of sick leave each year to a sick leave bank. Should the sick leave bank be depl= eted, FACULTY MEMBERS may contribute unused sick leave on a voluntary basis.
2. FACULTY MEMBERS who have exhausted all accumulated, paid leave and personal days may submit a request to local APSCUF to use days from the University sick leave bank up to the maximum allowed by law in one (1) calendar year.
3. The sick leave bank will be administered by local APSCUF.
4. Local APSCUF shall notify the University of any FACULTY MEMBER who has received approval to withdraw paid sick leave from the bank and the number of days approved. Local APSCUF shall provide the University with a report of all sick leave bank activity at the= end of each academic year.
D. Reporting Sick Leave
1. = Except for emergencies, all requests for sick leave which can be anticipated (hospitalizations, surgical procedures, etc.) shall be submitted in advance. The request shall be= on a signed leave form which identifies the FACULTY MEMBER and the period of absence. The request shall be submitted to the appropriate Dean, or other appropriate management personne= l, who shall indicate his/her approval or disapproval and return a signed copy= of the request to the FACULTY MEMBER.
2. = When a FACULTY MEMBER experiences an emergency illness, it is incumbent on the FACULTY MEMBER to notify the appropriate Dean or other appropriate manageme= nt personnel in a timely fashion.
3. = The University personnel office shall maintain the official leave r= ecord of FACULTY MEMBERS in accordance with the provisions of Article 13, PERSONN= EL FILES, and shall make periodic adjustments as appropriate to insure credit/usage records.
E. = Payment for Sick Leave on Retirement
1. = A FACULTY MEMBER who retires shall be paid for his/her unused sick leave, in accordance with the schedule set forth in subsection 2. below.
2. = Upon retirement from the STATE SYSTEM/UNIVERSITIES, the following payment schedu= le shall apply:
&= nbsp;
&= nbsp; &nbs= p; DAYS ACCUMULATED &n= bsp; = ; <= /span>DAYS PAID
&= nbsp; &nbs= p; &= nbsp; 10 to 74 days &nb= sp; = &nb= sp; = 10
&= nbsp; &nbs= p; &= nbsp; 75 to 149 days &n= bsp; = ; &n= bsp; = ; 20
&= nbsp; &nbs= p; &= nbsp; 150 to 224 days &n= bsp; = ; &n= bsp; = ; 30
&= nbsp; &nbs= p; &= nbsp; 225 to 299 days &n= bsp; = ; &n= bsp; = ; 40
&= nbsp; &nbs= p; &= nbsp; 300 and over = ; &n= bsp; = ; &n= bsp; 50
3. = Eligibility for payment under subsection 2. above shall be as follows:
a. = Retirement at age sixty (60) or above with five (5) years of COMMONWEALTH/STATE SYSTEM= service as a FACULTY MEMBER.
b. = Disability retirement under the State Employees’ Retirement System. For purposes of this subsection, a retirement under an Alternative Retirement Plan (see Article 20.C.) shall be considered disability retirement if the retiree meets the same disability retirement standards used by the State Employees’ Retirement System i= n accordance with the procedures provided for in Appendix E.
c. = Retirement under age sixty (60) with at least twenty-five (25) years of COMMONWEALTH/S= TATE SYSTEM service. The twenty-fi= ve (25) years of service need not all be as a FACULTY MEMBER but may include periods of COMMONWEALTH/STATE SYSTEM service in other than FACULTY position= s.
4. = Such a FACULTY MEMBER shall not be paid for part days of accumulated sick leave.=
5. = If a FACULTY MEMBER dies while in active service, unused sick leave shall be p= aid in accordance with Section E.2. above to the designated beneficiaries of the deceased FACULTY MEMBER provided the FACULTY MEMBER would have been eligible under Section 3.a. above or the FACULTY MEMBER had seven (7) full years of COMMONWEALTH/STATE SYSTEM service. In the event of a work-related death, fifty (50) days of unu= sed sick leave shall be paid to the designated beneficiaries, regardless of the= age or number of years of service of the FACULTY MEMBER.
6. = No payment herein shall be construed to add to the credited service of the retiring FACULTY MEMBER or t= o the retirement covered compensation of the member.
7. &n= bsp; Payment for unused sick leave as provided for in this Section shall be at the rate = of pay of the FACULTY MEMBER on the date of retirement or death.
Article 18
LEAVES OF ABSENCE
A. Sabbatical Leaves
1. = A leave of absence for a period not to exceed eighteen (18) University calend= ar weeks with full pay in accordance with current scheduling practice, or a le= ave of absence for a period not to exceed thirty-six (36) University calendar w= eeks with half pay, in accordance with current scheduling practice, for restorat= ion of health, study, travel, or other appropriate purposes, may be requested by a FACULTY MEMBER and may, at the discretion of the President, be granted to any FACULTY MEMBER of any University who has submitted a request for consideration for a sabbatical leave and who has completed seven (= 7) or more years of satisfactory service as a FACULTY MEMBER of one (1) or more of the UNIVERSITIES, as specified below. Library FACULTY MEMBERS who were granted ACADEMIC FACULTY r= ank shall accrue credits towards sabbatical leave only from the date the ACADEM= IC FACULTY rank was granted. Sabbatical leaves granted after March 20, 1997= , will be based primarily upon merit. Unused sabbatical leave credit may be considered in the selection process.
2. = At least five (5) consecutive years of such service shall have been rendered to the University from which the leave is sought. A FACULTY MEMBER who has been gran= ted an approved leave without pay shall not be deemed to have had his/her consecut= ive service interrupted; provided, however, that time spent on such leave shall= not count as service toward a sabbatical leave nor towards the accumulation of = sick leave.
3. = If the University operates on a system of units other than semesters, the FACU= LTY MEMBER may, at his/her option, be granted a sabbatical leave corresponding = to one (1) or more of these units so long as the restriction set forth in subsection 1. above, concerning total weeks of sabbatical leave which can be granted in each such leave, is met.
4. = One (1) sabbatical leave may be requested, considered and granted in accordance with the procedures set forth in this Article for each additional seven (7) years of service. Leaves shal= l be accumulated so that no one shall lose entitlement to consideration for a sabbatical leave because of failure to use leave due to scheduling practice= s at a particular University, but no one shall be entitled to be considered for = or use more than thirty-six (36) weeks of the accumulated leave as part of any= one (1) sabbatical leave.
5. = No FACULTY MEMBER who resigns, or who is retrenc= hed, terminated, or for any other reason leaves employment with the STATE SYSTEM/UNIVERSITIES shall be entitled to request or be considered for the grant of a sabbatical leave. No sabbatical leave sh= all be granted unless the FACULTY MEMBER shall agree in writing to return to his/h= er employment with the University for a period of not less than one (1) year immediately following the expiration of such leave of absence. Where a FACULTY MEMBER has request= ed, been considered for, been granted and scheduled for a sabbatical leave in accordance with provisions of Section F.1. of Article 29, RETRENCHMENT, and that FACULTY MEMBER thereafter receives a notice of retrenchment in accorda= nce with the terms of that same Article, the FACULTY MEMBER will be entitled to= be returned to his/her former position but only for that period of time which precedes the effective date of the retrenchment. Nothing in this Agreement shall pr= event the STATE SYSTEM/UNIVERSITIES from providing FACULTY MEMBERS who are on approved sabbatical leaves with notice of retrenchment = in accordance with Article 29, RETRENCHMENT.
6. = No sabbatical leave of absence shall be considered a termination or breach of the contract of employment and the FACULTY MEMBER on sabbatical leave shall be returned to the same position he/she occupied prior thereto.=
7. = If a FACULTY MEMBER is granted a sabbatical leave during two (2) summer periods the FACULTY MEMBER shall receive five (5) bi-weekly checks for each of the = two (2) summer periods. However, a FACULTY MEMBER granted such a sabbatical leave shall not be eligible for a summer school contract.
8. = Every FACULTY MEMBER while on sabbatical leave of absence shall be considered to = be in regular full-time daily attendance in the position from which the leave = is being taken during the period of said leave, for the purpose of determining= the FACULTY MEMBER'S length of service and the right to receive increments as provided by law or contract.
9. = Every FACULTY MEMBER on sabbatical leave shall retain the right to make contribut= ions as a member of the State Employees’ Retirement System, the Public School Empl= oyees' Retirement System= , or an Alternative Retirement Plan (see Article 20.C.) and continue his/her membership the= rein.
10. Nothi= ng in this Section shall be construed to prevent any FACULTY MEMBER on sabbatical leave from receiving a grant for further study from any institution of lear= ning other than the University, which employs him/her.
11. Each University may grant sabbatical leaves of absence in any one (1) year to up= to seven percent (7%) of its FACULTY.
12. a. A committee chos= en by and from the FACULTY at each University shall receive applications for sabbatical leaves at a time and in a manner which it shall determine and announce. No FACULTY MEMBER shall serve on a departmental or University-wide committee when he/she or a member of his/her immediate family or a person residing in his/her hou= sehold is an applicant for sabbatical leave. No department chairperson shall make a recommendation regardi= ng sabbatical leave if he/she or a member of his/her immediate family or a per= son residing in his/her household is an applicant for sabbatical leave. Immediate family shall be defined = as spouse, child, step-child, parent, step-parent, parent-in-law, brother, sis= ter, brother-in-law or sister-in-law. A department chairperson shall not be permitted to participate in the review = of any applicants, when he/she or a member of his/her immediate family or a pe= rson residing in his/her household is an applicant for sabbatical leave. The department shall select another FACULTY MEMBER in the department acceptable to the department and managemen= t to substitute for the department chairperson.
b. = The committee shall review applications and forward the full list of applicants, with such recommendations, in priority order, to the President = or his/her designee at least eight (8) months before the leave is to commence.=
c. = Should the President or his/her designee reject in whole or in part the recommendations of the committee, the committee shall be notified in writing and shall be given an opportunity to discuss the matter with the President = or his/her designee, but the President shall make and announce his/her decision with respect to the granting of sabbatical leaves not later than six (6) mo= nths prior to the beginning of the time when the leave will commence.
d. = As authorized by law, the President of each University shall have the right to consider requests for and make the determination concerning the granting of sabbatical leaves as he/she in his/her sole discretion deems appropriate an= d to make such regulations as he/she may deem necessary to make sure that a FACU= LTY MEMBER on sabbatical leave utilizes such leave properly for the purpose for which it was granted, including requiring reports from the FACU= LTY MEMBER in such manner as the President may deem necessary.
e. (1) An individual FACULTY MEMBER shall have the right to grieve, in accordance wit= h the procedures of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, sabbatical leave decis= ions but only as to himself/herself and then only with respect to failure to obs= erve the specific procedures set forth above.
(2) APSCUF shall have the right to grieve in accordance with the procedures of said Article 5, with regard to a substant= ial change in the pattern of granting sabbatical leaves at a specific Universit= y.
B. = Military Leaves
FACULTY MEMBERS shall be eligible for military leave in accordance with applicable = law.
=
C. Civil Leave
1. =
A
FACULTY MEMBER, who has not volunteered for jury duty, but who is called=
for
jury duty, or who is not a party in a civil or criminal court procee=
ding
but who is subpoenaed to attend court as a witness shall be granted a leave
with pay while attending court and for the period of time that the FACULTY
MEMBER'S attendance is required at court.&=
nbsp;
Evidence of such required court attendance in the form of a subpoena=
or
other written notification shall be presented to the FACULTY MEMBER'S Dean<=
!--[if supportFields]> XE "Dean" <=
!--[if supportFields]> or other appropriate management
representative as far in advance as is practicable. The University shall have the righ=
t to
request the appropriate authorities to relieve such FACULTY MEMBER of jury =
duty or the court appearance in any mann=
er
permitted by law and the FACULTY MEMBER is expected to report for regular
University duty when his/her attendance at court is not required either for=
the
aforementioned jury duty or as a subpoenaed witness. The term court as used in this
subsection is intended to mean only the following courts:
2. = FACULTY MEMBERS who are subpoenaed as witnesses in the following administrative hearings shall be granted leave with pay while attending such hearings: Unemployment Compensation Board of= Review Referee<= !--[if supportFields]>, Workers' Compensation = Judge, Workers’ Compensation Appeal Board, State Civil Service Commission, Pennsylvania Human Rel= ations Commission, and Pennsylvania Labor Relations Board.
= E= vidence of such duty in the form of a subpoena or other written notification shall = be presented to the President of the University as far in advance as practicab= le.
D. Professional Leaves/Educational Leaves
1. = FACULTY MEMBERS may with the prior written approval of the President or his/her designee participate in out-service training, consistent with the provision= s of the STATE SYSTEM Personnel Rules, Chapter 33, Section 33.12(b)(9), as conta= ined in Management Directive 505.7= and as amended during the term of t= his Agreement.
2. = Allowances for travel expenses in accordance with Article 32, TRAV= EL EXPENSES, may be granted to FACULTY MEMBERS on such leave, subject to the availability of funds and to STATE SYSTEM/University regulations.
E. = Leaves for APSCUF Service
&= nbsp; FACULTY MEMBERS who are elected or appointed full-time officials or representatives= of APSCUF shall, at the written request of the FACULTY MEMBER, submitted not l= ess than sixty (60) days prior to the start of a term, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or exte= nded by the written mutual consent of APSCUF and the UNIVERSITIES. In no event shall more than three = (3) FACULTY MEMBERS from the UNIVERSITIES be on such leave at any one time.
F. = Miscellaneous Leaves Without Pay
&= nbsp; FACULTY MEMBERS shall be granted leaves without pay at the sole discretion of the President or his/her designee for any reason, for a period not to exceed two (2) years, which may be extended at the discretion of the President or his/= her designee for an additional two-year period.
G. Parental Leave
&= nbsp; FACULTY MEMBERS shall be eligible for parental leave as provided as follows:
&= nbsp; 1. = General
&= nbsp; FACULTY MEMBERS of the STATE SYSTEM/UNIVERSITIES who become parents through childbi= rth, formal adoption, or placement of a child with a FACULTY MEMBER for foster = care shall be granted unpaid parental leave upon request. Parental leave shall begin wheneve= r the FACULTY MEMBER requests and may be used prior to the date of custody or placement when such is required for adoption or placement to proceed. No unpaid parental leave shall be granted beyond one (1) year from the date of birth, of assuming custody of = an adopted child, or of placement of a foster child.
&= nbsp; 2. = Granting Leave
a. = A FACULTY MEMBER shall submit written notification to his/her Dean<= !--[if supportFields]> or immediate management supervisor = and a copy to his/her department chairperson stating the anticipated duration of= the parental leave, at least two (2) weeks in advance, if circumstances permit. Such leave shall be g= ranted for a period of time not to exceed six (6) months. Upon the request of the FACULTY ME= MBER and at the discretion of the President, parental leave may be extended or renewed for a period not to exceed six (6) months. In no case shall the total amount = of parental leave exceed twelve (12) months.&= nbsp; FACULTY MEMBERS may, at the discretion of the President, be granted parental leave on an intermittent or reduced time basis. In such cases, FACULTY MEMBERS who= are absent for a partial day will be charged one-half (1/2) day of leave against the days of entitlement. Leave entitlement will be pro-rated for part-time FACULTY MEMBERS.
b. = In no case shall a pregnant FACULTY MEMBER be required to leave prior to the childbirth unless she can no longer satisfactorily perform the duties of her position.
c. = While a FACULTY MEMBER is on parental leave, the duties of the position shall eit= her be performed by remaining FACULTY MEMBERS and the position kept vacant, or they shall be performed by a substitute employee.
&= nbsp; 3. = Resumption of Duties
a. = Every FACULTY MEMBER shall have the right to return to the same position held bef= ore going on parental leave, or to an equivalent position for which he/she qualifies.
b. = A FACULTY MEMBER'S anniversary date shall be extended in the same manner as is done with respect to leaves without pay.
&= nbsp; 4. = Disability Leave Due to Pregnancy
&= nbsp; A FACULTY MEMBER who is on parental leave is entitled to use accrued personal= and sick leave for the period she is unable to work as certified by a physician. An ADMINISTRATIVE FACULTY MEMBER on a twelve (12) month contract who is on parental leave may also use all accrued annual leave. All other periods of leave related to parental leave shall be leave without pay. Unused leave sha= ll be carried over until her return. A FACULTY MEMBER shall not earn personal or sick leave while on parental leav= e without pay. An ADMINISTRATIVE FACULTY MEMBER shall not earn annual leave while on parental leave without pay.
5. = It is understood by both parties that the provisions of this Article are consistent with the Pennsylvania Human Relations Act, 43 P.S. Section 951 et seq., and with the Family a= nd Medical Leave Act of 1993, 29 USC Section 2601 et seq.
H. Childrearing Leave
&= nbsp; FACULTY MEMBERS shall be granted leaves without pay at the sole discretion of the President or his/her designee for the purpose of childrearing, for a period= not to exceed two (2) years, which may be extended at the discretion of the President or his/her designee for an additional two-year period.
I. &= nbsp; Family Care Leave
1. = A FACULTY MEMBER who has been employed for one (1) year, and who is otherwise eligible for Family and Medical Leave of Absence leave, shall be granted up= to twelve (12) weeks of family care leave without pay to attend to the medical needs of a spouse, domestic partner, parent, son or daughter, child of a FACULTY MEMBER’S domestic partner= , or other person qualifying as a dependent who has a serious health condition as defined by the Family and Medical Leave Act of 1993.
2. = The FACULTY MEMBER shall submit a written notification to his/her Dean<= !--[if supportFields]>/immediate management supervisor stating the anticipated duration of the family care leave at lea= st thirty (30) calendar days in advance, if circumstances permit. Documentation of the need for the = family care leave may be required.
3. = Leave for this purpose may be taken one (1) day at a time, if necessary. Leave shall be approved for less t= han one (1) day at a time when medically necessary due to a serious health condition as defined in the Family and Medical Leave Act of 1993. FACULTY MEMBERS who are absent for= a partial day shall be charged one-half (1/2) day of leave against the days of entitlement. Leave will be pro-rated for part-time FACULTY MEMBERS.
4. = For purposes of this Section, parent shall be defined as the biological parent = of the FACULTY MEMBER or an individual who stood in loco parentis to a FACULTY MEMBER when the FACULTY MEMBER was a child.
5. = For purposes of this Section, son or daughter shall be defined as a biological, adopted, or foster child, a step-child, a legal ward, or a child of a person standing in loco parentis who is:
(a) under eighteen (18) years of age; or
(b) eighteen (18) years of= age or older and incapable of self-care due to a mental or physical disability.=
6. = Any eligible FACULTY MEMBER who is on family care leave may use all remain= ing paid leave, such as accrued annual leave, personal leave, and sick leave, w= here appropriate, as part of their family care leave. All other periods of leave related = to family care leave shall be leave without pay.
7. &n= bsp; It is understood by both parties that the provisions of this Section are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 26= 01 et seq.
Article 19
WORK-RELATED INJURIES
A. A FACULTY MEMBER who sustains a work-related injury during the period of this Agreement, as the result of which the employee is disabled, if so determine= d by a decision issued under the operation of the Workers' Compensation Insuranc= e program, shall be entitled to work-related disability leave. Work-related disability leave is a= leave of absence for which the FACULTY MEMBER will be paid full pay reduced by an amount that yields a net pay, including Workers' Compensation and Social Security Disability Benefits, that is equal to the F= ACULTY MEMBER'S net pay immediately prior to the injury. Net pay prior to injury is defined= as gross base pay minus federal, state, and local withholding and Social Secur= ity and retirement contributions. Work-related disability leave shall be payable for an aggregate of twelve (12) months or for the duration of the disability, whichever is the lesser. In no case, however, = will the aggregate of twelve (12) months extend beyond three (3) calendar years = from the date the injury occurred.
&= nbsp; A FACULTY MEMBER who sustained a work-related injury prior to July 1, 1981 wi= ll continue to receive benefits in accordance with the previous Agreement betw= een the STATE SYSTEM and APSCUF.
B. = There shall be no reduction in credited service under the State Employes' Retiremen= t Code during the period of time that the FACULTY MEMBER is on work-related disability leave.
C. A FACULTY MEMBER who qualifies for work-related disability leave shall not be entitled to use sick, = annual or personal leave during the period of eligibility. If the disability continues, sick = leave accumulation may be taken at the expiration of the eligibility period to the extent of such accumulation, or the maximum allowed by law in a calendar ye= ar whichever is less. Effective = July 1, 1981, sick leave and annual leave shall be earned on thirty-four percent (34%) of the work-related disability leave hours used. Personal leave shall not be earned during work-related disability leave.
D. A FACULTY MEMBER is required to refund to the Employer the amount of overpaym= ent of pay if an overpayment results because a claim denial is issued under the operation of the Workers' Compensation Insurance program. In no case shall a FACULTY MEMBER = be entitled to full pay and Workers' Compensation and/or Social Security for t= he period of eligibility. The Em= ployer shall recover any amount in excess of the FACULTY MEMBER'S work-related disability leave amount. Fail= ure to apply for or report Social Security or other applicable disability benefits= to the Employer will result in the termination of work-related disa= bility leave.
E. = STATE SYSTEM paid coverage for life insurance and for hospital and medical insura= nce as provided in Article 21, FRINGE BENEFITS, will continue for the period of time that the employee is on work-related disability leave.
F. = A FACULTY MEMBER has the right to return to a position in the same department= and at the same rank held before being disabled for a period of up to three (3) years from the date the injury occurred, provided the FACULTY MEMBER is ful= ly capable of performing the duties of that position, subject to the provision= s of Article 29, RETRENCHMENT. This guarantee expires if the disability ceases prior to the expiration of the t= hree (3) year period and the FACULTY MEMBER does not return to work immediately = or if the FACULTY MEMBER retires or otherwise terminates employment. During the period of time between = the end of the work-related disability leave and the end of the guarantee in th= is Section, the FACULTY MEMBER will be on leave without pay unless the employe= e is using sick leave in accordance with Section C of this Article.
G. The compensation for disability retirement arising out of work-related injurie= s shall be seventy percent (70%) of the final average salary less Workers' Compensa= tion and Federal Social Security benefits.
H. A FACULTY MEMBER who sustains a work-related injury during the period of this= Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Insurance program, may be absent from work wi= th pay on ten (10) occasions without use of sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury for a per= iod of three (3) years from the date the injury occurred. Each absence shall not exceed one (1) work day or the minimum amount of time necessary to obtain t= he medical treatment, whichever is less, and must be substantiated by a doctor= 's certificate verifying that the medical services were necessary and related = to the work injury. FACULTY MEMB= ERS shall make reasonable efforts to schedule medical appointments during non-w= ork hours. Verification of the le= ngth of the medical appointment may be required. This Section is not applicable to = any absence for which Workers' Compensation is payable.
Article 20
RETIREMENT
A. FACULTY MEMBERS shall have the option to elect retirement under the State Employees' Retirement System, the Public School Empl= oyees’ Retirement System= , or an Alternative Retirement Plan (see Section C. below), in accordan= ce with COMMONWEALTH rules and regulations then obtaining. In addition, they shall continue to enjoy those other retirement benefits that are currently provided under applicable laws. The amount t= o be contributed by the STATE SYSTEM (in the event of a selection of an Alternat= ive Retirement Plan – see Section C. below) shall be calculated at the ra= te actuarially determined exclusively by the State Employees' Retirement Board= to be payable to the State Employee= s' Retirement Fund for each such FACULTY MEMBER.
B. = The parties shall meet and discuss during the term of the Agreement aspects of = the COMMONWEALTH'S retirement program that are of mutual interest.
C. &n= bsp; The State System of Higher Education has established an Alternative Retirement = Plan for State System employees, which includes the following vendors: TIAA-CREF, AIG VALIC, ING, MetLife Resources.
Additions or deletions of a vendor(s) in the Alternati= ve Retirement Plan shall be brought to State Meet and Discuss for informational purposes only