PREAMBLE
THIS AGREEMENT made and entered into this 11th day of October, 2007, 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
APSCUF has been certified to represent, for purposes of collective bargaining, department chairpersons, full-time teaching faculty (including librarians with faculty status), part-time teaching faculty and librarians without faculty status and faculty members of the UNIVERSITIES whose basic responsibilities lie outside of the classroom setting.
APSCUF and the STATE SYSTEM OF HIGHER EDUCATION, desiring to cooperate each with the other in mutual respect and harmony, have agreed to the provisions of this Agreement in consideration of the following:
1. The UNIVERSITIES exist for the common good of the citizens of the Commonwealth, particularly the students 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.
2. APSCUF as the representative of the above named employees recognizes its obligation to permit all individuals and groups on each campus to be included in the consideration of matters relating to them.
3. The parties recognize that collective bargaining in good faith will further their common aim of offering the best possible educational opportunities at the UNIVERSITIES and assert their intention to abide by the terms of the Agreement.
4. For the purposes of this Agreement, the following definitions shall be applied:
"ACADEMIC FACULTY" -- The bargaining unit consisting of department chairpersons, full-time teaching faculty including librarians with faculty status, part-time teaching faculty, librarians without 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 ACADEMIC FACULTY (PERA-R-775-C).
"ADMINISTRATIVE FACULTY" -- The bargaining unit consisting of faculty members whose basic responsibilities lie outside of the classroom who have not been designated as ACADEMIC FACULTY (PERA-R-1354-C).
"APSCUF" -- The Association of
"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.
"STATE SYSTEM OF HIGHER EDUCATION" -- That System created by Act 188 of 1982, the State System of Higher Education Act, hereinafter referred to as the STATE SYSTEM.
"COMMONWEALTH"
-- The Executive Branch of the
"FACULTY" or "FACULTY MEMBERS" -- All members of the bargaining units described in PLRB case numbers PERA-R-775-C and PERA-R-1354-C.
"REGULAR" -- A tenured or tenure track FACULTY MEMBER.
"PROBATIONARY NON-TENURED FACULTY MEMBER" -- A FACULTY MEMBER who is appointed to a tenure track position and who has not been granted tenure.
"NON-TENURE TRACK FACULTY" -- A FACULTY MEMBER who is appointed to service in a position in which service will not be credited toward tenure. Examples of such positions include Temporary Part-time, Temporary Full-time and Regular Part-time.
“DOMESTIC PARTNER” – The criteria listed below must be met in order to qualify for benefits 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 the FACULTY MEMBER’S official personnel file:
1. Each partner is the same gender.
2. Both partners are unmarried.
3. Both partners are at least 18 years old and mentally
competent to enter into a contract in the
4. Partners are the sole domestic partner of the other person.
5. Partners have lived 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 prohibit marriage in the
7. Neither partner has been a member of another domestic partnership for the past six months (unless the prior domestic partnership ended as a result of the death or marriage of one of the domestic partners).
8. Partners are jointly responsible for the common welfare and financial obligations of each other.
"CHILD OF SAME SEX DOMESTIC
PARTNER" - The biological or legally adopted
child or a child for whom the Domestic Partner is the legal guardian. CHILDREN OF SAME SEX DOMESTIC PARTNERS are
eligible to receive benefits on the same basis as dependent step-children of a
FACULTY MEMBER’S spouse (i.e., the FACULTY MEMBER must demonstrate that the
child is the legal dependent of the FACULTY MEMBER’S certified DOMESTIC PARTNER
and that the FACULTY MEMBER has assumed financial responsibility for the child
of his/her DOMESTIC PARTNER).
Article
1
RECOGNITION
The STATE SYSTEM and the UNIVERSITIES and each of them recognize APSCUF as the sole and exclusive bargaining 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 are 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 publication of the results, subject to the adequate performance of his/her other academic 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 speaks or writes as a citizen, he/she should be free from University censorship or discipline, but his/her special position in the community imposes special obligations. As a person of learning he/she should remember that the public may judge his/her profession and his/her University by his/her utterances. Hence, he/she should at all times be accurate, should exercise appropriate restraint, should 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 activities of the UNIVERSITIES, acts which interfere with the freedom of movement on the campus, or acts which interfere with the freedom of all members of the academic community to pursue their rightful goals, are the antithesis of academic freedom and responsibility. So also are such acts which, in effect, deny freedom to speak, to be heard, to study, 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 course 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 best interest of his/her student or his/her profession. The University will immediately advise 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 on behalf of the University, provided, however, that grade books shall remain in the possession of the 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 disability, life style, family status, age, national origin, APSCUF membership or activity or lack thereof, political 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 the laws and rules relating to the Pennsylvania State System of Higher Education Equity 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 shall not prevail against the terms of this Agreement. Before any rule relating to the STATE SYSTEM Equity Plan not consistent with this Agreement is applied to affect 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 STATE SYSTEM Equity Plan.
Article 4
DUTIES AND RESPONSIBILITIES OF FACULTY MEMBERS
A. The concept of academic freedom must be accompanied by an equally demanding concept of academic responsibility. The concern of the UNIVERSITIES and its members for academic freedom safeguards must extend equally to requiring responsible service, consistent with the objectives of the UNIVERSITIES. The universal responsibility of the teaching FACULTY MEMBER is effective teaching.
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 absences; making a reasonable effort 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, WORKLOAD 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 reporting 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 have the responsibility to accept those reasonable duties assigned to them within their fields of competence. Additionally, FACULTY MEMBERS have the responsibility to perform other tasks characteristic of the academic profession as described in Article 12, PERFORMANCE REVIEW AND EVALUATION OF FACULTY, Section B.1. and to attempt 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
A. Intent
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 resolution 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 parties to resolve grievances. The parties further agree that the orderly processes hereinafter set forth below shall be the sole method used for the resolution of grievances.
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-renewal 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
A "grievance" is an allegation by APSCUF or a FACULTY MEMBER or group of FACULTY MEMBERS that there has been a specific violation, misinterpretation or improper 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 between 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 resubmit 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 orally 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 appropriate 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 shall 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 the grievance or within forty (40) calendar days of the date on which the grievant or grievants learned of such occurrence, with the exception that if the forty (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 September 30 of such year or within forty (40) calendar days, whichever comes later. The President or his/her designee shall have twenty (20) calendar days following the receipt of such written grievance to investigate the matter as he/she shall deem appropriate, discuss the matter with the grievant, group of grievants and/or the local APSCUF grievance chairperson or his/her designee where appropriate, and to submit a written response to the grievant, group of grievants and APSCUF.
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 designee shall have twenty (20) calendar days following the receipt of such amended grievance to investigate the matter as he/she shall deem appropriate, discuss the matter with the grievant, group of grievants and/or the local APSCUF 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 Two is due, submit a written appeal to the Chancellor of the STATE SYSTEM or his/her designee. The Chancellor of the STATE SYSTEM or his/her designee shall have thirty (30) calendar days following 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 grievance 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 STATE 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, selection 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. The arbitration proceeding shall be held at such time and place as is convenient to the parties, consistent with the circumstances of the case.
The decision of the arbitrator shall be final and binding upon the parties, except where the decision would require an enactment of legislation 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 its merits and this collective bargaining agreement shall constitute the sole basis 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 issued by the arbitrator prior to his/her hearing and deciding the merits of the case. The arbitrator shall confine 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.
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 charge, 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 shall be shared equally by the parties. Either party to an arbitration may request that a transcript of the hearing be made. The requesting 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 hearing subsequently decides to order a copy of the transcript, that party shall share equally in the cost of the copy of the transcript provided to the arbitrator.
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 either 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 must be presented in writing within fifteen (15) calendar days after the FACULTY MEMBER 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 mailed 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 reasonable requests for extensions shall not be arbitrarily denied; and, provided further, 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. 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 them adjusted without the intervention of APSCUF, as long as the adjustment is not inconsistent with the terms of this Agreement; and provided further that APSCUF has been given the opportunity to be present at such adjustment.
3. APSCUF's representative(s) shall be permitted to represent the grievant when requested to do so by the grievant and, in any event, to represent and speak on behalf of APSCUF's particular point of interest in connection with that grievance. In this regard, it is understood that the grievant has the right to represent himself/herself and APSCUF shall not interfere with that right.
I. Disposition of Grievances
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 implement 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 development of department plans, guidelines and internal office operation; he/she directs 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 personally or by designation of department representatives.
2. The department chairperson is also responsible for recommending to the Dean/Director such matters as personnel actions, curricular changes, course 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 shall 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 secret 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 interim or acting department chairperson.
b. In the event there can be no agreement as to a mutually acceptable candidate for the office of department chairperson, the President or the Provost/Vice-President for Academic Affairs shall have the right to appoint 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 2005 and shall be conducted every three (3) years thereafter. Elections shall be concluded no later than April 15. Newly elected department chairpersons shall take office May 1 of the year in which elected; 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 vacancies 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 from office. A majority of the regular FACULTY MEMBERS of a department may request that the President remove the department chairperson and the President may, in his/her sole discretion, take such action. The request from the majority of regular FACULTY MEMBERS must be in writing, must be signed by those FACULTY MEMBERS making the request, and must contain a statement of the reasons for the request. Where such action 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 designee(s) as to the need for (an) assistant department chairperson(s), that (those) assistant(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 the 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 payment in accordance with the following schedule:
DEPARTMENT SIZE STIPEND
1-5 $1,000.00
6-10 $1,400.00
11-15 $1,800.00
16-20 $2,400.00
21-25 $2,800.00
26 or more $3,200.00
2. A FACULTY MEMBER who performs the duties of assistant department chairperson shall receive an annual payment of $1000.00.
3. A FACULTY MEMBER who performs the duties and responsibilities of a department chairperson in a department of FACULTY MEMBERS whose basic responsibilities lie primarily outside the classroom shall receive a payment in accordance with the following schedule:
1-5 $3,500.00 $4,550.00
16-or more $5,000.00 $6,500.00
D. Workload Equivalents and Summer Compensation
1. Teaching department chairpersons shall be granted minimum workload equivalents in accordance with the following schedule for the academic year:
Additional workload equivalents for teaching department chairpersons may be approved by the President or the Provost/Vice-President for Academic Affairs for departments with complex programmatic and/or administrative responsibilities. The President or the Provost/Vice-President for Academic Affairs may also approve summer compensation 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 between the teaching chairperson and the President, the President may also approve summer compensation for teaching assistant chairperson(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
PERFORMANCE OF BARGAINING UNIT WORK
A. Preamble
No bargaining unit work may be assigned to another person except 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 FACULTY.
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 department, 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, provided the department'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 MEMBERS may be transferred full-time to another department within the bargaining unit(s). 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 MEMBER 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 invitation 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 ACADEMIC or ADMINISTRATIVE FACULTY MEMBERS' workload for the semester unless approved 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 remain 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
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) having teaching associates must report to local meet and discuss the number of teaching associates it has appointed for that semester. The number of teaching associates recommended must be approved by a majority secret ballot vote of the regular full-time FACULTY 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 teaching associates in the department. The number of credit hours recommended may not exceed the total number of workload equivalents granted to regular full-time FACULTY MEMBERS for scholarly activity in that department pursuant to Article 23, Section J. The department's report 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 master’s degree or at least thirty-six (36) graduate credits.
b. He/she is recommended for appointment by a majority secret ballot vote of the regular 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 with 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 meet 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 associates may be given teaching assignments outside their major department in a closely related area if:
a. This action is recommended by a majority secret ballot vote of the regular full-time FACULTY 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 shall 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 procedures and criteria for evaluation of teaching associates shall be uniformly applied at the UNIVERSITIES and shall be agreed to at local meet and discuss, but must minimally include:
a. Student evaluations as mandated for probationary FACULTY in Article 12;
b. Classroom observations by the department evaluation committee and department chairperson 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 chairperson as mandated for probationary FACULTY in Article 12.
7. The University shall provide the teaching associate with a package of fee waivers 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 1.
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 there 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 concerning teaching associates dated February 10, 1999. The provisions of that agreement shall apply during the term of this Agreement for Indiana University of Pennsylvania only.
10. Unless a successor Agreement or a local agreement is negotiated prior to June 30, 2002, the provisions of this Section will extend for a period not to exceed six (6) months.
E. Distinguished Visiting Professors
The UNIVERSITIES may hire distinguished visiting professors within the provisions of this Article.
1. Visiting professors may be appointed by the President for terms up to two (2) years. A third year may be granted 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 one (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 standards required of truly competent and distinguished individuals. Under no conditions shall distinguished visiting professors be hired until such time as the criteria has received final approval at State Meet and Discuss.
3. Presidents shall make such appointments upon the nomination of a department, secured by 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 1. Such individuals may be remunerated at a rate of pay higher than that provided for in this Agreement. The thirty percent (30%) rule for full professorships shall not include 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 require 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 the 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, unless they do so voluntarily nor shall they exercise the voting rights of regular FACULTY MEMBERS as provided for in this Agreement.
8. In no case shall a visiting professor be hired to teach regular University courses 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 with 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 position, 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 majority secret ballot of the regular full-time members of the department. A manager who returns to a former department on or after January 1, 1986 in accordance with this procedure shall be given service credit for all prior time spent in what is now the bargaining unit, but shall receive no service credit for the time spent as a manager. Managers who returned to a former department prior to January 1, 1986 shall continue to receive service credits in accordance with the previous Agreements between the STATE SYSTEM and APSCUF.
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
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 will accrue service credits in the bargaining unit as defined in the Seniority Policy.
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 second course during the semester. If a course is taught, overload shall be paid. The annual salary used in calculating 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 initially 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 G.
d. An acting manager may not participate in departmental meetings.
e. Time spent as an acting manager shall not count in computing the probationary period, but shall count when computing years of service for salary increments, promotion, and sabbatical leave.
f. A FACULTY MEMBER who is disciplined for conduct as an acting manager may 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 FACULTY MEMBER.
G. Non-Bargaining
Unit Employees
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 ballot vote of the majority of the regular full-time FACULTY of the academic department and local APSCUF has been obtained prior to making the 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.
H. Academic Rank for Provosts and Academic Deans
Provosts and Academic Deans may be appointed with academic rank. Such an appointment with academic rank shall not make these managers members of the bargaining unit nor grant them any rights under this Agreement with the exception that should these managers assume a position in the bargaining unit, such position will be held at the academic rank awarded at the time of appointment.
Article 8
ACCRETION
Should additional UNIVERSITIES, branch campuses of UNIVERSITIES, or University teaching locations be established, FACULTY MEMBERS employed by the STATE SYSTEM who work at such sites shall be covered by the terms and conditions of this Agreement.
Article 9
RIGHTS AND PRIVILEGES OF APSCUF
A. "Meet and Discuss"
1. a. The Chancellor of the STATE SYSTEM or his/her designee shall meet monthly with a committee appointed by APSCUF for the purpose of discussing matters 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 with Article 9, RIGHTS AND PRIVILEGES OF APSCUF, Section A.1.a. of this Agreement.
2. Meetings shall be scheduled in such manner and at such times as the parties may mutually 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 concerning matters of the development 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 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 form 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 responsibilities of the FACULTY MEMBER are fulfilled, and provided further that any additional 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 that 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 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 provided 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. APSCUF shall have the right to use the University's mail distribution service for APSCUF official communications.
J. The STATE SYSTEM and/or the UNIVERSITIES shall advise the appropriate body of APSCUF two (2) weeks in advance, or promptly after scheduling, of open meetings of the University's Council of Trustees and of the STATE SYSTEM Board of Governors; and shall provide APSCUF with a copy of the advance agenda for 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 place on the agenda for any such meeting. Any such request shall not be unreasonably denied. In addition, APSCUF shall be provided with copies of official minutes of all such meetings upon publication, provided the same are available 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 operation 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 policy as the functions and programs of the public employer (STATE SYSTEM/UNIVERSITIES), standards of services, its overall budget, utilization of technology, the organizational structure 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. 1. In the event the President approves the filling of a vacancy within a department, 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 participate in this vote, if a member of his/her immediate family or a person residing in his/her household is a candidate for appointment. Immediate family shall be defined as spouse, child, step-child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, or sister-in-law.
2. When a FACULTY MEMBER must withdraw from participation in the appointment procedure 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 for 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 purposes 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 department, the reasons therefore shall be given in writing to the President or his/her designee within twenty-one (21) calendar days of such rejection. If the department fails to provide the specific reasons for the rejection of the candidate recommended by management within the twenty-one (21) calendar days, the President may appoint the candidate.
B. 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 is 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. After review by the department chairperson, the name of a candidate(s) recommended 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 that 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, the procedure specified above shall be repeated until a candidate shall have been appointed to fill the vacancy.
D. 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. In the event there is no agreement between the President and the majority of the regular full-time department FACULTY as to a mutually acceptable candidate for appointment to fill the approved vacancy, the President shall have the right 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 case may the President appoint a person more than once under the provisions of this subsection.
F. Regulations Regarding The Hiring Of Temporary and Regular Part-Time FACULTY MEMBERS
1. The full-time equivalent (FTE) of temporary and regular part-time FACULTY MEMBERS at any University shall not exceed twenty-five percent (25%) of the full-time equivalent (FTE) of all FACULTY MEMBERS employed at that University as of October 31 of the previous year. A UNIVERSITY and local APSCUF may, by written local agreement, exceed the limit provided herein.
2. All Universities shall be in compliance with the twenty-five percent (25%) FTE limit as set forth above by no later than October 31, 2010.
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 regular 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 full-time and temporary part-time FACULTY MEMBERS by department employed at that University 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 the Fall 1999 semester and each fall semester thereafter, a full-time,
temporary FACULTY MEMBER, who has worked at a University for five (5) full,
consecutive academic years in the same department, shall be placed in
tenure-track status, if recommended by the majority of the regular department
FACULTY in accordance with the procedure developed by that department
FACULTY. Such FACULTY shall complete the
tenure 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 Section 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, sister, brother–in-law, or sister-in-law.
5. Effective July 1, 2007, except as
specifically provided in this article, full-time temporary FACULTY MEMBERS
shall not be placed in tenure track status.
H. 1. Effective
with the 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
whether any group of such courses or responsibilities within a disciplinary
specialization 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 regular position(s). Positions
which are converted pursuant to this Section shall be filled in accordance with
this Article. State Meet and Discuss
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 regular full-time position(s).
3. If the President denies the conversion
of the position(s):
a.
he/she shall explain the denial in writing to the department with a copy of the
explanation provided to local APSCUF; and
b. the
courses or responsibilities of the position(s) as determined by the department
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 local
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.
I. The “McGuire” memorandum dated
August 1, 1978; the “Ziegler” memorandum dated December 3, 1975; the “Ringler”
memorandum dated December 9, 1974; and any other memoranda issued by
representatives of the Pennsylvania Department of Education regarding the
subject of temporary FACULTY MEMBERS are null and void and confer no rights
upon APSCUF or FACULTY MEMBERS under this Agreement.
J. Effective with the fall 2008 semester, all temporary full-time FACULTY MEMBERS whose positions are primarily funded by Act 101, TRIO, Upward Bound, and other grants which have existed for fifteen (15) or more years at the University, shall receive an annual service increment in accordance with Article 22, Section B of this Agreement. Such employees shall also be eligible for promotion provided they meet the minimum qualifications for rank in accordance with Article 16 of this Agreement.
Article 12
PERFORMANCE REVIEW AND EVALUATION 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
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, regular 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. When evaluating the data, the appropriate evaluator(s) shall give greater weight to the quality of the performance reflected in the data, than 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, quality of syllabi, quality of student advisement, willingness to accept departmental work assignments, timely execution of work assignments, and any other data deemed appropriate and agreed to by the FACULTY 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 terms of this Article.
2. 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 national awards; offices held in professional organizations; invitational lectures given; participation in panels at regional and national meetings of professional organizations; grant acquisitions; editorships of professional journals; participation in juried shows; program-related projects; quality of musical or theatrical performances; participation 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 Administration at local meet and discuss.
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 governance 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 agencies 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
The following evaluation procedure shall apply to all regular FACULTY MEMBERS at each University.
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 department chairperson. The manner of selection shall be determined by the FACULTY MEMBERS in each department. If necessary, or desirable, as determined by the department or President, individuals from the same or within related disciplines, mutually acceptable to the FACULTY MEMBER, department and University, who are from outside the department or the UNIVERSITIES may be used in any or all parts of the evaluation process. Where a mutually acceptable individual cannot be agreed upon, the President shall provide the FACULTY MEMBER and the department with a list containing the names of at least three (3) individuals who have the qualifications for the position held by the FACULTY MEMBER being evaluated. The FACULTY MEMBER shall have three (3) working days in which to select one individual from this list. If the FACULTY MEMBER fails to make a selection within the three (3) day period, the President, in consultation with the department chairperson and the department, shall designate one individual from this list to serve on the department evaluation committee. No FACULTY MEMBER shall serve on his/her own evaluation committee or as a member of the department evaluation committee for 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-law) or a person residing in the same household as the FACULTY MEMBER. Each department shall determine the rules and procedures under which the department evaluation committee will operate. Such rules and procedures shall be announced by the department prior to the commencement of the performance review and evaluation process.
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 the year of evaluation for tenured FACULTY, and twice each academic year in all classes for probationary non-tenured FACULTY. An instrument for student evaluation of FACULTY shall be developed by local APSCUF, the University management, and the appropriate student government body as designated by the President, and approved by local APSCUF and the University management at local meet and discuss. If, in any year, no approved procedure and/or instrument exists, the department chairperson shall administer a student 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 chairperson, including evaluations of classroom visitation. 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 year 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 visitation evaluation in writing, there shall be a discussion of the observations with the FACULTY MEMBER. These evaluations shall not displace 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 manner in which peer evaluations will take place.
(3) An updated copy of the FACULTY MEMBER'S vita.
(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 process for FACULTY MEMBERS with work 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 a written response to the department evaluation committee's evaluation.
(2) The department chairperson shall provide the FACULTY MEMBER with a reasonable opportunity to discuss his/her evaluation after which the chairperson shall independently send a written evaluation with recommendations to the appropriate Academic Dean. The chairperson's evaluation shall be based 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 copies of his/her evaluation and recommendations to the FACULTY MEMBER and the department evaluation committee. No department chairperson shall provide a chairperson evaluation of himself/herself, or an evaluation 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, 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 provided 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 review 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 and any other relevant and substantiated data gathered by the Dean. The Dean shall provide a copy of his/her performance review to the FACULTY MEMBER, the department chairperson, and the 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-law), or a person residing in his/her household. The President or his/her designee shall select another Dean/management supervisor as 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 not bar the President, the appropriate Academic Dean or other University management personnel from conducting, in good faith, the performance evaluation 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 management personnel shall be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, but only to the extent that the evaluation review was conducted in an arbitrary or capricious fashion. Action or inaction by the department, department chairperson or department evaluation committee with regard to the provisions of this Article shall not be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION.
D. Evaluation of FACULTY MEMBERS Whose Basic Areas of
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 will be provided to such FACULTY MEMBERS by the appropriate management supervisor.
2. Categories for the evaluation of such FACULTY MEMBERS shall be the 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 will 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
The evaluation of such FACULTY MEMBERS shall include evaluations of both teaching duties and those responsibilities, which lie outside of the classroom, pursuant 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 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 rules, 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.
2. Performance review evaluations for probationers in the first, second, third, and fourth year of employment shall contain a recommendation concerning renewal or non-renewal and shall specify any improvements which may be necessary.
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 Article by the following dates:
(1) first year probationary non-tenured FACULTY by January 30.
(2) second, third, fourth, and fifth year probationary non-tenured FACULTY by November 1.
b. The department chairperson shall forward his/her report and written recommendations as described in Section C.1.c.(2) of this Article by the following dates:
(1) first year probationary non-tenured FACULTY by February 7.
(2) second, third, fourth, and fifth year probationary non-tenured FACULTY by November 8.
c. 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 year 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 written 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. 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 again no later than May 15 of every fifth year thereafter. Department evaluation committee reports shall be forwarded as described in Section C.1.c.(1) of this Article by April 1. Department chairperson's reports 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 leave.
3. Interim evaluations may be conducted, if judged necessary by the department or if required by the appropriate Academic Dean. These performance reviews must be provided in writing to the tenured FACULTY MEMBER.
H. Evaluation Procedures for Temporary FACULTY MEMBERS
1. Evaluations for temporary FACULTY MEMBERS appointed for a full academic year and temporary FACULTY MEMBERS appointed for spring semester only shall be conducted using the procedures for regular FACULTY MEMBERS described in Section C. of this Article and the schedule for evaluation of tenured FACULTY MEMBERS described in Section 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 MEMBERS 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 one (1) academic semester.
Article 13
PERSONNEL FILES
A. 1. Each University shall maintain one (1) confidential complete official personnel file for each FACULTY MEMBER. No anonymous material shall be placed in the official personnel file. A FACULTY MEMBER upon his/her request 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 shall contain letters of reference and recommendations and/or material related thereto secured from sources outside the University. At the time of the granting of tenure all letters of reference and recommendation shall be destroyed and academic credentials shall be transferred to the official personnel file, unless there is an Equal Employment Opportunity Commission action pending against the University. If there is an Equal 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 which 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 with 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 only 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 express written approval of the FACULTY MEMBER. The President and his/her designee shall be responsible for the placement of material in, and the removal of material from, the official personnel 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 have obtained the express written approval of that FACULTY MEMBER.
5. Departmental and University-wide tenure and promotion 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. The application form of each University shall include a statement giving the applicant an option either to submit or to withhold the file.
C. If the official personnel 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. 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 must 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 tenure by December 31 (May 1 for FACULTY MEMBERS with January 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-tenured FACULTY MEMBERS are delineated in Article 12, PERFORMANCE REVIEW AND EVALUATION 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:
No later than April 1, first year probationers will be notified, in writing, by the President of renewal or non-renewal. The non-renewal will be effective at the end of that academic year. Reasons for non-renewal shall be supplied to the FACULTY MEMBER, in writing, if requested.
(2) Probationers in their second through fourth year:
Notice of renewal or non-renewal of second, third, and fourth year probationers will 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:
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 renewal or non-renewal for mid-year appointees shall be sent by the President no later 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 President no later than December 15 of the second, third, or fourth year 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 with 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 MEMBERS 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 FACULTY 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, 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-wide 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 ARBITRATION, 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 President 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 FACULTY MEMBER to show why he/she should be renewed.
B. Resignation
Any FACULTY MEMBER who does not intend to return for the following academic year shall so notify the President at the earliest possible time, but not later than March 31 of the then current year.
The STATE SYSTEM/UNIVERSITIES shall have no obligation to provide letters of reference to any FACULTY MEMBER who fails to comply with the provisions of this Section.
Article 15
TENURE
A. Definition
Tenure shall mean the right of a FACULTY MEMBER to hold his/her position and not to be removed therefrom except for just cause as hereinafter set forth in this Article or except as provided elsewhere in this Agreement.
B. There shall be a probationary period of five (5) full academic years at the University (from the most recent date of appointment) for each FACULTY MEMBER. During the probationary period, the FACULTY MEMBER shall be observed and evaluated in accordance with the provisions of Article 12, PERFORMANCE REVIEW AND EVALUATION 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 counted toward the required probationary period. 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 FACULTY MEMBER will be granted tenure unless he/she has met the minimum qualifications for the rank of assistant professor as set forth in applicable laws.
C. 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 chairperson, 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 for tenure. By December 31 (May 1 for FACULTY MEMBERS with January anniversary dates) of the fifth year of the probationary period, a FACULTY MEMBER may apply for tenure. The request for tenure shall be submitted to the President, with a copy to the appropriate 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 fifth year of probationary employment, the President shall either grant tenure to the probationer or the probationer's sixth year of employment shall be a terminal 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. All present FACULTY MEMBERS who hold tenure as the result of procedures established at their respective UNIVERSITIES shall continue in that status.
E. The procedure for granting tenure shall be:
1. A department committee, which shall include tenured 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 recommendation 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 regarding 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, parent, 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 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. The
recommendation of the department committee and of the department chairperson shall be completed no later than February 15 (October 1 for FACULTY MEMBERS with January
anniversary dates), and by that date, the department chairperson shall 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 submit a
recommendation to the University-wide tenure committee by the appropriate date,
the applicant may submit the application and the supporting material directly
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 negative), 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 academic 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 ARBITRATION. 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 grieve the denial of tenure in accordance with the terms of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION.
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 recommended by the University-wide tenure committee, the reasons therefore shall be given to such committee and the affected FACULTY MEMBER(S), if requested in writing.
6. The President shall act independently if the committee(s) fails to act within the 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 to be either appropriate or required.
7. Representatives of local APSCUF shall have the right to meet with the department and University-wide tenure committees for the purpose of explaining the duties and responsibilities of committee members.
F. 1. A tenured FACULTY MEMBER may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined only for just cause. In the event the President believes such just cause exists, he/she shall give written notice, 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 probationary non-tenured FACULTY MEMBER may be terminated, suspended without pay 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 notice to the affected non-tenured probationary FACULTY MEMBER and APSCUF, specifying the reasons for the discipline, and that non-tenured probationary FACULTY MEMBER 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. 1. If a FACULTY MEMBER is
terminated and a grievance is filed con
2. The President, in his/her sole discretion, may extend the termination date of a FACULTY MEMBER and may assign the FACULTY MEMBER the same or other academic or administrative 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.
3. If a terminated FACULTY MEMBER con
H. If a FACULTY MEMBER is suspended pursuant to this Article, all benefits, 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.
I. A President may grant Provosts and Academic Deans tenure in accordance with the following procedure. Such tenure will not accrue seniority credit within the bargaining unit, while serving in the management position. A President may place a Provost or Academic Dean who has been granted tenure in bargaining unit vacancies.
1. A
President may grant tenure to a new or current Provost or Academic Dean who has
previously obtained tenure at the UNIVERSITY or at another
2. A President may grant tenure to a new or current Provost or Academic Dean, who had previously obtained tenure at a regionally accredited four year institution, after submission of the name of the applicant(s) for tenure to the department’s full-time regular FACULTY MEMBERS for a credential review and tenure recommendation.
3. New or current Provosts or Academic Deans, who had not previously obtained tenure, may be assigned to an academic department with academic rank by the President. In the event the individual is transferred to the bargaining unit by the President, he/she shall have the status of a probationary FACULTY MEMBER.
4. The President’s decision to grant tenure to a Provost or Academic Dean shall not be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION.
5. The following positions shall be eligible for tenure under this provision: the Chief Academic Officer of a UNIVERSITY, Deans of Schools or Colleges of a UNIVERSITY, and Graduate School Deans. New positions shall be eligible with the agreement of APSCUF and the STATE SYSTEM.
6. During the term of this Agreement, the STATE SYSTEM agrees not to retrench a FACULTY MEMBER teaching in a department where a Provost or Academic Dean has been placed into a bargaining unit vacancy, where the retrenchment is the direct result of the Provost’s or Academic Dean’s placement.
Article 16
PROMOTIONS
A. Qualifications and Categories for Evaluation
1. The minimum qualifications for ranks shall be as specified in the applicable laws.
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. This official job description shall 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 APSCUF for informational purposes.
B. Promotion Policies and Procedures
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 for 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 above-mentioned criteria, not later than November 1.
4. Applications should be submitted to the appropriate department chairperson who shall immediately notify the departmental committee. In all cases an application must receive consideration first at the department level.
5. 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 household is an applicant for promotion. No department chairperson shall evaluate his/her own application 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, parent, 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 management 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 accordance 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, with a copy of the list of applicants being forwarded to the appropriate Dean or other appropriate management personnel. In addition, all data and materials upon which the recommendation 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 recommendation, 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 FACULTY 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, together 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 appearance before the University-wide promotion committee to speak on his/her own behalf before the committee submits its recommendations to the President or his/her designee.
11. 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 beginning of the next academic semester and announced to the FACULTY not later than July 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 only 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 this 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 the department and University-wide promotion committees to explain the duties and responsibilities of such committees.
C. Salary Increase Upon Promotion
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, which 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
University Statements on Promotion Policies and Procedures shall be amended by agreement at local meet and discuss and any amendments will be reviewed for approval by State Meet and Discuss for the sole purpose of insuring their 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 fifteen (15) days for each academic year of service in accordance with current practice.
b. Full-time
temporary FACULTY MEMBERS employed for one (1) academic semester shall accrue
seven and one-half (7 1/2) days of sick leave and full-time temporary FACULTY
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 leave on a pro-rated basis according to the percentage of the standard workload assigned for the academic year.
d. Part-time temporary FACULTY MEMBERS shall accrue one (1) day of sick leave per semester.
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 MEMBER for his/her personal illness or accident.
4. The provisions of this Article shall not preclude the granting of additional sick leave by administrative action in accordance with applicable law.
5. A FACULTY MEMBER shall be credited with paid sick leave while on sabbatical 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 FACULTY 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. Sick leave usage shall be charged for each day of absence in a week during which the FACULTY MEMBER is in an active 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 to 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 three (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 policy:
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 for 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 certificate which shall be submitted prior to the start of the summer session if possible, 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 by a physician of the University's choice. If the physician chosen by the University determines that the illness or disability will not prevent the FACULTY MEMBER from fulfilling his/her contract duties and responsibilities, no sick leave shall be granted.
c. A regular FACULTY MEMBER who notifies the appropriate supervisor of a reasonable delay in reporting for the beginning of summer employment may be granted paid sick leave for the period of absence.
d. Temporary faculty appointed for summer school are not entitled to receive pay for periods 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 than 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 Article 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 shall be no deduction in salary of said FACULTY MEMBER for an absence not in excess 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. Also included shall be any near relative who resides in the same household or any person with whom the FACULTY MEMBER has made his/her home. In addition, a FACULTY MEMBER may use up to two (2) days of sick leave for this purpose. The actual days to be granted shall be such as will accommodate the reasonable needs of the FACULTY MEMBER involved, and it is expected that his/her classes or other responsibilities will be covered by his/her colleagues.
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 sick 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 the 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 earned a minimum of 315 days of sick leave shall be required to contribute one (1) day of sick leave each year to a sick leave bank. Should the sick leave bank be depleted, 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 personnel, 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 management personnel in a timely fashion.
3. The University personnel office shall maintain the official leave record of FACULTY MEMBERS in accordance with the provisions of Article 13, PERSONNEL 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 schedule shall apply:
DAYS ACCUMULATED DAYS PAID
10 to 74 days 10
75 to 149 days 20
150 to 224 days 30
225 to 299 days 40
300 and over 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 in accordance with the procedures provided for in Appendix E.
c. Retirement under age sixty (60) with at least twenty-five (25) years of COMMONWEALTH/STATE SYSTEM service. The twenty-five (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 positions.
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 paid 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 unused 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 to the retirement covered compensation of the member.
7. 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 calendar weeks with full pay in accordance with current scheduling practice, or a leave of absence for a period not to exceed thirty-six (36) University calendar weeks with half pay, in accordance with current scheduling practice, for restoration 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 rank shall accrue credits towards sabbatical leave only from the date the ACADEMIC 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 granted an approved leave without pay shall not be deemed to have had his/her consecutive 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 FACULTY 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 shall be accumulated so that no one shall lose entitlement to consideration for a sabbatical leave because of failure to use leave due to scheduling practices 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 retrenched, 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 shall be granted unless the FACULTY MEMBER shall agree in writing to return to his/her 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 requested, 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 accordance 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 prevent 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 contributions as a member of the State Employees’ Retirement System, the Public School Employees' Retirement System, or an Alternative Retirement Plan (see Article 20.C.) and continue his/her membership therein.
10. Nothing 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 learning 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 chosen 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 household is an applicant for sabbatical leave. No department chairperson shall make a recommendation regarding sabbatical leave if he/she or a member of his/her immediate family or a person 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, sister, 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 person 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 management 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) months 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 and to make such regulations as he/she may deem necessary to make sure that a FACULTY MEMBER on sabbatical leave utilizes such leave properly for the purpose for which it was granted, including requiring reports from the FACULTY MEMBER in such manner as the President may deem necessary.
e. (1) An individual FACULTY MEMBER shall have the right to grieve, in accordance with the procedures of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, sabbatical leave decisions but only as to himself/herself and then only with respect to failure to observe 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 substantial change in the pattern of granting sabbatical leaves at a specific University.
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 proceeding 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. 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 or other appropriate management representative
as far in advance as is practicable. The
University shall have the right to request the appropriate authorities to
relieve such FACULTY MEMBER of jury duty or the court appearance in any manner
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, Workers' Compensation Judge, Workers’ Compensation Appeal Board, State Civil Service Commission, Pennsylvania Human Relations Commission, and Pennsylvania Labor Relations Board.
Evidence 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 practicable.
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 provisions of the STATE SYSTEM Personnel Rules, Chapter 33, Section 33.12(b)(9), as contained in Management Directive 505.7 and as amended during the term of this Agreement.
2. Allowances for travel expenses in accordance with Article 32, TRAVEL 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
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 less 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 extended 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
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
FACULTY MEMBERS shall be eligible for parental leave as provided as follows:
1. General
FACULTY MEMBERS of the STATE SYSTEM/UNIVERSITIES who become parents through childbirth, 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 whenever 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.
2. Granting Leave
a. A FACULTY MEMBER shall submit written notification to his/her Dean 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 granted for a period of time not to exceed six (6) months. Upon the request of the FACULTY MEMBER 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. 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 either be performed by remaining FACULTY MEMBERS and the position kept vacant, or they shall be performed by a substitute employee.
3. Resumption of Duties
a. Every FACULTY MEMBER shall have the right to return to the same position held before 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.
4. Disability Leave Due to Pregnancy
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 shall be carried over until her return. A FACULTY MEMBER shall not earn personal or sick leave while on parental leave 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 and Medical Leave Act of 1993, 29 USC Section 2601 et seq.
H. Childrearing Leave
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. 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/immediate management supervisor stating the anticipated duration of the family care leave at least 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 than 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 remaining paid leave, such as accrued annual leave, personal leave, and sick leave, where appropriate, as part of their family care leave. All other periods of leave related to family care leave shall be leave without pay.
7. 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 2601 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 determined by a decision issued under the operation of the Workers' Compensation Insurance 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 FACULTY 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 Security 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.
A FACULTY MEMBER who sustained a work-related injury prior to July 1, 1981 will continue to receive benefits in accordance with the previous Agreement between the STATE SYSTEM and APSCUF.
B. There shall be no reduction in credited service under the State Employes' Retirement 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 year 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 overpayment 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 the period of eligibility. The Employer shall recover any amount in excess of the FACULTY MEMBER'S work-related disability leave amount. Failure to apply for or report Social Security or other applicable disability benefits to the Employer will result in the termination of work-related disability leave.
E. STATE SYSTEM paid coverage for life insurance and for hospital and medical insurance 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 fully capable of performing the duties of that position, subject to the provisions of Article 29, RETRENCHMENT. This guarantee expires if the disability ceases prior to the expiration of the three (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 this Section, the FACULTY MEMBER will be on leave without pay unless the employee is using sick leave in accordance with Section C of this Article.
G. The compensation for disability retirement arising out of work-related injuries shall be seventy percent (70%) of the final average salary less Workers' Compensation 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 with 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 period 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 the 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 MEMBERS shall make reasonable efforts to schedule medical appointments during non-work hours. Verification of the length 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 Employees’ Retirement System, or an Alternative Retirement Plan (see Section C. below), in accordance 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 to be contributed by the STATE SYSTEM (in the event of a selection of an Alternative Retirement Plan – see Section C. below) shall be calculated at the rate actuarially determined exclusively by the State Employees' Retirement Board to be payable to the State Employees' 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. 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 Alternative Retirement Plan shall be brought to State Meet and Discuss for informational purposes only.
D. The provisions of this Article shall not be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION.
Article 21
FRINGE BENEFITS
A. Health Benefits
1. Eligibility
a. All temporary full-time FACULTY MEMBERS who are employed to work a standard workload for one academic year and all regular full-time FACULTY MEMBERS are eligible for all health benefits provided in this Section. Whenever a full-time temporary FACULTY MEMBER is employed during the spring semester with a reasonable expectation of being re-employed during the fall semester, the FACULTY MEMBER shall be eligible to receive health benefits during the intervening summer. All temporary part-time and all regular part-time FACULTY MEMBERS who are employed to work at least fifty percent (50%) of a standard workload for one academic year are eligible for health benefits provided in this Article. All regular part-time FACULTY MEMBERS are also eligible for health benefits provided in this Article.
b. The STATE SYSTEM shall provide dependency coverage where the dependents, spouses/domestic partners and children, of the FACULTY MEMBERS qualify under such plan.
c. Eligible FACULTY MEMBERS shall be those determined by the health plans in accordance with the eligibility provisions of the STATE SYSTEM OF HIGHER EDUCATION Group Health Program (SSHEGHP). The choice among plans shall be operated as follows:
1. The option to elect the coverage in a plan shall be made available to those FACULTY MEMBERS who reside within the service area of the plan.
2. The amount and kind of benefits available to the FACULTY MEMBERS shall be those offered by the plan and contracted for by the STATE SYSTEM.
3. The Health and Welfare Fund contribution rate, as set forth in Article 30,
will not be affected as a result of the plan selected by the FACULTY MEMBER.
4. The option to elect coverage under a plan shall be available during annual open enrollment periods designated by the STATE SYSTEM and the plans. FACULTY MEMBERS who move into a plan’s service area may choose from available plans. FACULTY MEMBERS who are dissatisfied with an HMO