THIS AGREEMENT made and entered into as of the 1st day of September, 1999, [1994,] by and between RIDER UNIVERSITY (hereinafter sometimes referred to as the "University") and the RIDER UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS (hereinafter sometimes referred to as the "AAUP").
PREAMBLE
ARTICLE I:
Recognition
of Unit
ARTICLE II:
Non-Discrimination
ARTICLE III:
Affirmative Action
ARTICLE IV:
Academic Freedom
ARTICLE V:
Assocation Privileges
ARTICLE VI:
Definition of Ranks
ARTICLE VII:
Appointments
ARTICLE VIII:
Promotion and Tenure
ARTICLE IX:
Dismissal and Suspension
ARTICLE X:
Annual Reappointment
and Non-Reappointment
of Non-Tenured Bargaining Unit Members
ARTICLE XI:
Department Chairpersons/PROGRAM
DIRECTORS
ARTICLE XII:
Academic Goverance
ARTICLE XIII:
Personnel Files
ARTICLE XIV:
Lay-off
ARTICLE XV:
Professional Athletic
Staff
ARTICLE XVI:
ADJUNCT
[PART-TIME]FACULTY
ARTICLE XVII: Evaluation
ARTICLE XVIII: Past
Practices
ARTICLE XIX:
ManagementRights
ARTICLE XX:
Agency Rights
ARTICLE XXI:
Grievance And Arbitration Procedure
ARTICLE XXII:
No Strike; No Lockout
ARTICLE XXIII:
General Work Conditions
ARTICLE XXIV:
UNIVERSITY RESPONSIBILITY
FOR LEGAL DEMANDS ON FACULTY
ARTICLE XXV:
Open Classroom
ARTICLE XXVI:
Workload
ARTICLE XXVII:
Outside Employment
ARTICLE XXVIII:
Faculty Development
ARTICLE XXIX:
Intellectual Property
[PATENT
POLICY]
ARTICLE
XXX: SICK
LEAVE
ARTICLE XXXI:
Compensation And Employee Benefits
ARTICLE XXXII:
Salary Adjustment
ARTICLE XXXIII: VOLUNTARY
SEPARATION [RETIREMENT]
ARTICLE
XXXIV: Transfer Of Faculty
ARTICLE XXXV:
Separability
ARTICLE XXXVI:
Length
Of Contract: Future Negotistions
ARTICLE XXXVII: Enforceability
PREAMBLE
The purpose of this
Agreement is to provide the members of the bargaining unit and Rider University
with a contract which will insure a healthy and viable institution of higher
learning, capable of supporting a quality program of teaching, research,
and public service. This Agreement seeks to maintain educational excellence,
facilitate effective faculty participation, assure fair and reasonable
conditions of employment, and provide techniques and procedures for the
peaceful adjustment of disputes should they arise.
RECOGNITION OF UNIT
The University recognizes
AAUP as the sole and exclusive bargaining representative of all full-time
and part-time faculty members who are currently teaching at the University
and only for the period during which they are teaching; all full-time and
part-time librarians; clinicians in the Reading Clinic who are substantially
involved in the teaching and evaluation of Rider University undergraduate
and graduate students; and members of the athletic staff with a minimum
of a baccalaureate degree, including all seasonal athletic staff. Excluded
are all officers of the University, the Associate Provost, Deans, Associate
Deans, Assistant Deans, Department Chairpersons, Acting Department Chairpersons,
all Assistants to Deans, the Director of Choral Activities at Westminister
Choir College, [military personnel serving in the
Department of Military Science,] the [Director]Dean
of
Libraries[y][Services],
[Associate
Directors of Library Services,] the Director and Associate
and Assistant Director of Athletics, athletic staff employed
for less than a full athletic season, and faculty holding visiting rank,
with such appointments being for a period not to exceed one (1) year and
reappointment for the subsequent academic year to be as a bargaining unit
member, clerical library staff employees, and further excluded are all
other employees of the University not specifically referred to herein.
Also excluded from the bargaining unit shall be non-teaching personnel
whose employment is funded by contract with an outside agency.
NON-DISCRIMINATION
There shall be no discrimination
against any bargaining unit member or against any applicant for employment
by reasons of race, creed, marital status, color, age, sex, religion, national
origin, citizenship, relationship with any other persons employed by the
University, sexual or affectional orientation, membership in or activity
on behalf of AAUP except as provided in Article XX ("Agency Rights") or
use of the grievance procedure. All advertisements for faculty positions
shall contain the following statement: Rider is an equal opportunity/Affirmative
Action employer and does not discriminate on the basis of age, race, sex,
sexual orientation, national origin, religion, or any other non-job related
criteria.
AFFIRMATIVE ACTION
There shall be a standing
Affirmative Action Committee, comprised of six (6) members, with three
(3) members representing the University and three (3) members representing
the AAUP.
The Committee's functions
are as follows:
A. Plan Development
Whenever updatings
or other revisions of the Rider University Affirmative Action Plan are
necessary, the Committee shall develop these revisions insofar as they
pertain to the bargaining unit for submission to the Board of Trustees
for approval. In the event a majority of the Committee is unable to agree
upon appropriate revisions, more than one revision proposal may be submitted
to the Board of Trustees for consideration. The University shall be free
to meet its legal obligation to adopt an appropriate Affirmative Action
Plan for the University, provided that such plan shall not be inconsistent
with the terms and provisions of this Agreement, except as may be required
by law.
B. Monitoring
The Committee shall
meet regularly to monitor the Rider University Affirmative Action Plan
insofar as such plan pertains to members of the bargaining unit and the
process of implementation of the Affirmative Action Plan. Monitoring shall
conform to the monitoring guidelines established in the Affirmative Action
Plan and to any additional guidelines established by the Committee.
The Committee shall
meet periodically to conduct business and may, at its discretion, invite
other members of the University community to join it for consideration
of issues before it. The Committee shall maintain close contact with the
Affirmative Action Officer of the University.
2. Negotiations With Government Agencies
In the event that any
governmental agency seeks to negotiate any Affirmative Action Plan or settlement
of any charges alleging discriminatory acts in violation of Article II
of this Agreement, or to conciliate any dispute under any State or Federal
law relating to alleged discriminatory acts set forth in Article II, the
University shall notify the AAUP in advance of such negotiations and shall
advise, in writing, the appropriate governmental agency of this collective
bargaining agreement.
3. Grievances Under This Article
Grievances arising
under this Article may be processed through the first two steps of the
grievance procedure set forth in Article XXI, but may not be referred to
outside arbitration. However, complaints alleging a failure to adhere to
the procedures set forth in this Article may be submitted to outside arbitration.
A grievant may not file a complaint on affirmation action with a government
agency simultaneously with pursuing a grievance under Article XXI unless
failure to do so would mean loss of the right to file such a complaint.
ACADEMIC FREEDOM
As members of the community,
bargaining unit members have the rights and obligations of all citizens.
They measure the importance of these obligations in the light of their
responsibilities to their subjects, to their students, to their profession,
and to their institution. As citizens engaged in a profession that depends
upon freedom for its health and integrity, bargaining unit members have
a particular obligation to promote conditions of free inquiry and to further
public understanding of academic freedom.
Except for reasons
that constitute proper cause for discipline under any other provision of
this Agreement, the University will not threaten, coerce, or discipline
members of the bargaining unit because of what they say or what they do
as private citizens, for promoting and preserving the conditions of free
inquiry necessary to fulfill the obligations of their academic disciplines,
or for discharging their responsibilities to their students, to their colleagues,
to their professions, or to their institution.
ASSOCIATION PRIVILEGES
A. Office and Meeting
Facilities
The AAUP shall be entitled
to private office space similar to the space it presently occupies. In
addition, the AAUP shall be permitted use of appropriate facilities at
the University for its larger meetings, so long as such facilities are
available and not committed to other purposes and the AAUP complies with
the rules and regulations relating to the use of such facilities applicable
to all members of the University community.
B. Bulletin Boards
The AAUP shall be entitled
to post notices of its activities and matters of AAUP concern on bulletin
boards at locations agreed upon between the AAUP and the University.
C. Use of Mailroom
Facilities
The AAUP shall be entitled
to use University mailroom facilities for the internal distribution of
AAUP communications provided that this shall not interfere with or interrupt
normal University operations, or for external distribution provided that
AAUP pays U.S. Postal charges. All such communications shall be dated and
identified as AAUP communications.
D. Use of Other
University Services
The AAUP shall be entitled
to the privilege of contracting for University duplicating, printing, audio-visual,
photographic, computer, address label and food services, and such other
services as may be contracted for by other campus organizations. Charges
for such services shall be those in effect for all campus organizations
and shall be billed on a monthly basis.
E. Directory Listing
The office, telephone
numbers, and the AAUP's administrative assistant shall be listed in the
Rider University Personnel Directory.
F. Membership List
The University shall
provide the AAUP with a complete list of full-time members of the bargaining
unit by September 1 for the Fall term and by January 25 for the Spring
term of each year. The University shall also provide the AAUP a complete
list of part-time members of the bargaining unit by October 1 and March
1 for the Fall and Spring terms, respectively, and by the end of the first
week of classes for all other terms. The information provided shall include
the bargaining unit member's name, rank, department, salary, home address,
and for full-time members of the bargaining unit, dates of commencement
of employment. The University shall provide the AAUP with information necessary
for it to process grievances adequately and administer the terms of this
Agreement, upon written request for such information from the AAUP.
DEFINITION OF RANKS
A. Ranking System
for [Classroom] Faculty and Librarians
All instructional appointments
and promotions shall be to a designated faculty rank either as described
in this Article or in accordance with the provisions of Article VIII ("Promotion
and Tenure").
For all colleges of
Rider University faculty ranks will be consistent with the standards described
below and in Article VIII (Promotion and Tenure).
Newly hired faculty with previous experience and advanced training may
be appointed to any rank, depending on their qualifications, and
as recommended by the appropriate department.
For purposes of this Article, as well as Articles VII, VIII, X, XII, XIV, XVII, and XXXIII, the library system shall be considered equivalent to a college and the Moore and Talbott Libraries as two departments. Until such time as there are four (4) full-time bargaining unit members assigned to the Talbott Library, the Talbott Library department will be deemed for purposes of Appointment, Reappointment, and Promotion and Tenure to include professional librarians working in the Talbott Library, plus a bargaining unit member(s) from the Moore Library selected by the professional librarians at the Talbott Library whose workload is half-time or higher. Whenever there are fewer than three (3) full-time professional librarians in the Talbott Library, two (2) bargaining unit members from the Moore Library shall be so selected. Whenever there are three (3) full-time librarians in the Talbott Libary, one (1) bargaining unit member from the Moore Library shall be so selected.
3. Assistant Professor and Assistant Professor-Librarian
Appointment [or
promotion] to the rank of Assistant Professor or Assistant Professor-Librarian
shall be either a first-term appointment (Assistant Professor I or Assistant
Professor I-Librarian) or a second-term appointment (Assistant Professor
II or Assistant Professor II-Librarian). For appointment[or
promotion] to Assistant Professor I, the person
should possess an appropriate terminal degree or qualification and appropriate
graduate education. For appointment[or promotion]
to the rank of Assistant Professor I-Librarian, the person should possess
a master's degree in Library Science (hereinafter the "M.L.S."), and
prior professional library experience.
[and
demonstrated competence and contributions to the University in performance
of assigned jobs, as well as involvement in library activities beyond the
scope of the position, and involvement in and contributions to the greater
University community.] At this rank, possession of
a graduate degree in a subject field (other than Library Science) is desirable.Appointments
to Assistant Professor I or Assistant Professor I-Librarian shall be made
on a year-to-year basis for a period not to exceed three (3) years at which
time the individual will be given a second term appointment (Assistant
Professor II or Assistant Professor II-Librarian) or a terminal contract.
[Untenured
full-time Westminster faculty hired prior to September 1, 1994, with fewer
than three (3) years of full-time teaching or professional library experience
will be awarded at least the rank of Assistant Professor I or Assistant
Professor I-Librarian. For annual reappointment to Assistant Professor
I or Assistant Professor I-Librarian, the person must fulfill the requirements
and procedures of Article X.]
For appointment [or
promotion to a second term appointment] to the rank of Assistant
Professor II, the person must possess the appropriate terminal degree or
qualification and two (2) years of acceptable teaching experience including
scholarly activities. The minimum qualifications for appointment [or
promotion to a second term appointment] to the rank of Assistant
Professor II-Librarian include the M.L.S., a graduate degree in a subject
field (other than Library Science), and demonstrated [continuing]
professional growth and development. [Untenured
full-time Westminster faculty hired prior to September 1, 1994, with between
three (3) and seven (7) years of full-time teaching or professional library
experience will be awarded at least the rank of Assistant Professor II
or Assistant Professor II-Librarian.] A second term appointment
shall be for a period not to exceed three (3) years, at which time the
individual will be promoted to the rank of Associate Professor or Associate
Professor-Librarian or will be given a terminal contract.
A person hired at the
rank of Assistant Professor I, with either one (1) or two (2) years full-time
teaching experience prior to coming to Rider University, shall apply during
his/her second year at Rider for a second-term appointment to take effect
in his/her third year. A person appointed [or
promoted] to a second term appointment to Assistant Professor
II or Assistant Professor II-Librarian shall not be subject to [annual
evaluation for purposes of ] annual reappointment, but shall
undergo such evaluation as requested by the candidate or deemed necessary,
respectively, by the department or dean or by the library faculty or [Director
of Library Services] Dean of the Libraries
to
prepare documentation required for promotion to Associate Professor or
Associate Professor-Librarian with tenure.
4. Associate Professor and Associate Professor-Librarian
The rank of Associate
Professor is the first senior rank of faculty at Rider University. This
rank or the rank of Professor is [normally]
held by all tenured faculty. Standards for appointment
to [persons holding] the
rank of Associate Professor include appropriate graduate education, appropriate
terminal degree or qualification as defined above, and a record of effective
teaching, and scholarly activity in
the field of specialization, [and value to the
department, college, and University.] Standards
for appointment to [The minimum qualifications
for] the rank of Associate Professor-Librarian include the M.L.S.,
a graduate degree in a subject field (other than Library Science), demonstrated
evidence of scholarly activities and contributions to the library profession,
[and
effective support of the teaching-learning process at Rider University,
as well as value to the Library and University. Normally, scholarly activity
shall include completed work which shall be evaluated by the department.
While research in progress shall be evaluated, this research must have
reached a sufficient point of completion to provide the department a basis
to judge the merits of that research. In the event that a candidate submits
only uncompleted work as evidence of scholarly achievement in application
for this promotion, the department shall thoroughly describe the basis
by which this work has been evaluated and a recommendation reached.]
5. Professor and Professor-Librarian
The rank of Professor
is the highest faculty rank at Rider University. Those
appointed to [who hold]
this rank are expected to exemplify distinguished achievement in the areas
of classroom teaching, scholarly activities, and potential
value
to a department, a college, and the University.
[ Distinguished achievement shall be characterized by teaching that is
consistently exemplary, by scholarship that is ongoing and mature in nature,
and by value that is sustained and varied. The rank of Professor-Librarian
is the highest rank of librarian at Rider University. Persons holding this
rank must document distinguished achievement in the areas of support of
the teaching-learning process, scholarly activity, and value to the Library,
colleges, and the University. Distinguished achievement shall be characterized
by support of the teaching-learning process that is consistently exemplary,
by scholarship that is ongoing and mature in nature, and by value that
is sustained and varied. The M.L.S. and a graduate degree in a subject
field (other than Library Science) are required.]
b. Appointments to
faculty rank with the special designation "Acting" shall be limited to
temporary full-time appointments as provided for in Article VII, Section
B.
c. Appointments to
faculty rank with the special designation "Visiting" shall be limited to
individuals deemed to be distinguished faculty on leave of absence, faculty
holding emeritus status from another institution, or persons distinguished
in their fields who are not faculty of other institutions. "Visiting" appointments
shall not extend beyond one academic year without the concurrence of the
AAUP.
Descriptions of titles and ranks
for professional athletic staff are set forth in Article XV of this Agreement.
APPOINTMENTS
A. Appointment
The following procedures shall
apply to all persons appointed by the University to fill full-time bargaining
unit positions:
The members of the department
or their representatives shall be responsible for maintaining regular contact
with the department chairperson for the purpose of participating in the
appointment procedure specified herein. In the event of a vacancy, the
department shall request the dean to fill such vacancy. If there is disagreement
between the department and the dean over the question of whether or not
to fill the vacancy, the Provost shall convene a meeting of the dean, the
department chairperson, and members of the department to discuss the reasons
for the disagreement. As a result of this meeting, the Provost shall determine
whether or not a vacancy shall be filled. If the Provost decides not to
fill the vacancy, he/she shall provide in written form the reasons for
his/her decision. [Final authority with regards to the decision to fill
a vacancy or not rests with the Provost.]When
a vacancy is not declared during the first academic year following such
a decision there will be no restriction on the use of adjunct or overload
faculty to teach courses that would otherwise be part of the regular workload
of the vacated line. Thereafter, in no case shall the use of adjunct overload
faculty in such instance involve more that 50 percent of the normal load
of the vacated line.
Upon
notifying the AAUP, the College may grant tentative authorization to fill
a vacancy in a bargaining unit position. If the College chooses to designate
an authorization as tentative, then the College may discontinue or defer
the filling of the relevant position at any point during the search process.
It is recognized that temporary authorizations to fill vacancies shall
occur rarely; that is, for no more than 20 percent of the preceding year’s
total number of appointments. Once the Provost has authorized the filling
of a vacancy in a bargaining unit position and such authorization has not
been designated as tentative, the authorization may not later be rescinded
or deferred, except when the College has invoked the lay-off procedures
under Article XIV of the Agreement with respect to the affected department
or discipline.
2. Designation of [Academic] Qualifications for a Vacant Position
Once a decision to
fill a vacancy has been made, the department chairperson shall so advise
the members of the department within five (5) working days. The department
chairperson, together with the members of the department or its designated
committee, shall meet to discuss the [academic]
qualifications of the person required to fill the vacancy. The department
chairperson and the members of the department shall forward their recommendation
as to the requisite [academic] qualifications
to the dean. Unless the dean disagrees with such recommendation, the University
shall develop, through consultation with the department, a position announcement
plan outlining where and how the University will seek candidates who possess
the recommended [academic] qualifications.
In the event that the dean disagrees with the recommendation of the department as to the appropriate [academic] qualifications for the person required to fill the vacancy, the dean shall so advise the members of the department, and the Provost shall convene a meeting of the dean, the department chairperson, and the members of the department to discuss the appropriate [academic] qualifications for the person required to fill the vacancy. The Provost shall thereafter make a determination as to such qualifications. In the event that the determination of the Provost as to such qualifications differs from the recommendation of the department, he/she shall provide written reasons for his/her determination.
Following the deadline
for receipt of applications, the department chairperson shall notify the
members of the department of the availability of the applications for purposes
of review. Within ten (10) working days of receipt of such notice from
the chairperson, the members of the department or their representative(s)
shall have the responsibility to review all applications and provide the
chairperson with a written list of preferred candidates, together with
the reasons for such indicated preference. However, in the event the dean
determines that an earlier response from the department is required, he/she
shall so advise the department, which shall provide such written list and
reasons as requested by the dean, but in no event shall the department
be required to make such a response in less than five (5) working days.
After the expiration of such period, the University shall invite the candidates
preferred by the department to the University, where the department shall
carry out interviews of all the candidates. The department chairperson,
members of the department, the President, Provost, dean, or their designees
shall [also] be provided with opportunities
to meet with and interview the invited candidates. If no list of preferred
candidates is received from the members of the department, the University
may proceed to fill the vacancy.
If the percent of full-time
female representation is less than 30% and/or the percent of combined full-time
African-American, Asian/Pacific Islander, Native American, or Hispanic
("Protected Class") representation is less than 10% in one of the colleges
with full-time faculty, the Library, or the Athletic Department, departments
conducting a search to fill any vacancy in the relevant college, Library,
or Athletic Department shall make a serious good-faith effort to identify
at least one qualified female and/or Protected Class candidate as appropriate
to the above underrepresentation. Such qualified female and/or Protected
Class candidate shall be interviewed in the regular manner along with other
candidates. Following the interviewing of all candidates, the hiring department
shall proceed as indicated in A(4), below, but shall carefully weigh the
need for appropriate female and/or Protected Class representation in the
consideration of candidates.
If the hiring department
is unable to identify a qualified female and/or Protected Class candidate
for the final interview pool, a review of the departmental recruitment
effort will be made by the Affirmative Action Officer before candidates
are interviewed. If that review reveals that the hiring department has
conformed with the position announcement plan approved by the Affirmative
Action Officer prior to the initiation of the search but despite that effort
has been unable to produce the desired candidate, it will be permitted
to proceed with interviews and make an offer of appointment. If it is determined
that the hiring department has not conformed with the position announcement
plan approved by the Affirmative Action Officer prior to the initiation
of the search, the Affirmative Action Officer may ask the hiring department
to reopen the search, make an acting appointment for one year, or fill
the position on a part-time basis until the next annual recruiting cycle.
5.[4].Ranking of Candidates
Within five (5) working
days of the completion of the last interview, the chairperson and those
members of the department who have participated in the interviews shall
jointly formulate a written list of all candidates who have been interviewed,
ranked in order of preference. Such list shall be accompanied by written
evaluations of each candidate documenting the reasons for the indicated
preferences. If any interviewed candidates are deemed unacceptable to the
department, that shall also be noted on the list, but under no circumstances
shall the University offer a position to a candidate who has been found
unacceptable by the department.
6.[5]. Resolution of Disagreements Between the Department and the University Concerning the Ranking of Candidates
The dean and the department
chairperson shall discuss such list received from the department and shall
accept the department's order of preference for candidates unless the dean
determines that there are compelling non-academic reasons such as, e.g.,
financial considerations, for selecting an alternate candidate from the
list. If no such list is received from the members of the department, the
University may proceed to fill the vacancy from
among the interviewed candidates. The dean may also select an
alternate candidate from the list if he/she determines that the candidate
preferred by the members of the department does not meet the established
and stated [academic] qualifications
for the person needed to fill the vacancy.
In the event the dean
proposes to select an alternate candidate from the list, as aforesaid,
he/she shall provide to the members of the department a written statement
of the reasons why non-academic considerations,
e.g. financial considerations, caused him/her to choose an alternate
candidate or why the candidate's failure to meet the stated and established
academic qualifications caused him/her to select an alternate candidate.
Before the dean extends an offer of appointment to a candidate, he/she
shall afford an opportunity to the members of the department to meet with
him/her to discuss the matter.
For the purpose of
appointing bargaining unit members of the Library and professional athletic
staffs, the Dean of the Libraries [Director
of Library Services] and the Director of Athletics shall function
in the same manner as both the chairperson and the dean.
In the event the University fills a temporary full-time vacancy, as described hereafter, the provisions of this Section shall apply. Temporary full-time appointments made hereunder shall be designated as appointments to the appropriate faculty rank with the designation "Acting" preceding the appropriate rank. Such appointees shall be included in the bargaining unit if the appointment is for a period of one (1) semester or longer. The University shall notify the members of the department and the AAUP, in writing, of its intent to make a temporary appointment hereunder, and shall as may be practical, follow the procedure in Section C of this Article in making such an appointment. The other provisions of this Article, as well as the provisions on reappointment, promotion, and tenure, shall have no application to such appointees. However, service as such temporary appointee shall be counted [considered] toward fulfilling the requirements for promotion and/or tenure, if said individual is subsequently appointed to a tenure track position.
Notwithstanding the
foregoing, the University may fill vacancies described herein by following
the other provisions of this Article.
The vacancies to be
filled hereunder are vacancies caused by:
Vacancies created by
a leave of absence granted to a full-time bargaining unit member, with
such temporary appointment to be for no more than the duration of the leave
of absence;
2. Disability, Death, or Resignation
Vacancies created by
the disability, death, or resignation of a full-time bargaining unit member,
when such vacancy occurs less than 145 days prior to the beginning of the
term in which the vacancy must be filled, with such temporary appointment
to be limited to one (1) full year, with any subsequent appointment of
such individual to be a regular appointment following the other provisions
of this Article;
3. Unstaffed Courses and/or Sections
Vacancies created by
unstaffed courses and/or sections which become known to the University
less than 145 days prior to the beginning of the term in which such courses
and/or sections are to be given, with such temporary appointment to be
limited to one (1) full year, with any subsequent appointment of such individual
to be a regular appointment following the other provisions of this Article;
[4]. External Contracts
Vacant
teaching positions funded by contract with agencies external to the University
with such temporary appointment to be no more than for the duration of
the contract funding and any renewal thereof;]
4.[5]Inability to Fill a Vacancy
In the event that the
University, having followed the other procedures set forth in Section A,
does not succeed in employing a person meeting the stated qualifications
for the vacancy, such vacancy may be filled by a temporary appointee. Where
the appointment is made less than 145 days before the beginning of the
term in which the vacancy must be filled, the temporary appointment shall
be for a period not to exceed one (1) full year, with a subsequent appointment
of such individual to be a regular appointment in accordance with the other
provisions of this Article. In cases where multiple vacancies exist within
a department, the 145 day restriction in this paragraph shall be waived.
(ii) If the University seeks to award the designation "Visiting" to faculty teaching during the summer or other special term or session, the dean and the appropriate department shall first meet to seek a mutual decision about the number of faculty with the designation "Visiting" that the University should attempt to hire for that term or session. During the appointment process, the dean shall consult with the department or program on which candidates meet the qualifications for Visiting status. If the department or program and the dean disagree as to the appropriateness of the Visiting designation, the dean shall have the authority to make a final determination, provided he/she does not exceed the number previously agreed to by the dean and the department.
The parties hereto recognize that
resignations and withdrawals of candidates less than 145 days prior to
the beginning of a term and the need to appoint new faculty members because
of unforeseen enrollment, induce hardships for both parties to the Agreement.
In such cases, the procedures described herein may be modified according
to the circumstances. However, the University shall, in any event, request
that members of the department meet with and interview candidates, giving
to the members of the department or its representatives written notice
of the scheduled interview whenever possible (except if it is scheduled
less than twenty (20) days prior to the start of classes), and the members
of the department shall be responsible for conveying their professional
evaluations to the dean as promptly as possible. The members of the department
may examine all candidates' credentials and make written recommendations
whenever circumstances permit. In any case, when appointments are made
under this paragraph, the dean shall, upon request, meet with the members
of the department to discuss the basis for the appointment.
[D.]
Review
of Credentials and Selection of Part-Time Appointees
In
an effort to assemble a list of qualified candidates for appointment to
part-time faculty positions, it shall be the responsibility of members
of the relevant department to review the credentials and applications of
such candidates for part-time employment and to send the credentials of
those deemed qualified to the dean(s) for retention in his/her/their office(s).
Future initial part-time appointments shall be drawn from the candidates
contained in such file unless no candidate from such file is available.
When candidates from such file or qualified persons are not available,
the University shall proceed to make an initial appointment from candidates
not so listed, but shall in such cases provide an opportunity for appropriate
consultation with members of the relevant department.]
E. Distribution
of the Agreement and Initial Letters of Appointment
Terms and conditions
of employment of bargaining unit members are set forth in this Agreement
and a copy thereof shall be furnished by the University to each newly appointed
bargaining unit member. The University shall continue to furnish to newly
appointed members of the bargaining unit initial letters of appointment.
F. Prior Teaching
Experience
The University shall
provide to each new appointee a statement, agreed upon by the University
and the AAUP, setting forth the consequences of a determination with respect
to previous teaching experience as it relates to promotion and tenure.
Within sixty (60) days of an appointment, the University shall provide
to each new member of the bargaining unit a written statement, setting
forth (a) the number of years (up to three years) of previous college teaching
experience that will be credited toward such individual's completion of
the probationary period, and (b) the dates on which such individual will
be required to apply for and attain tenure and/or promotion in order to
avoid the issuance of a terminal contract by the University. Copies of
such written statement shall be forwarded to the AAUP. The number of years
of previous college teaching experience and the dates for application for
tenure and/or promotion, as set forth in such written statement, shall
be binding on the bargaining unit member and the University.
G.
Definition
of Terminal Year
The
terminal year shall end on June 30, by which date the faculty member must
vacate his/her office and all University privileges will terminate. However,
life insurance and medical insurance coverage will be maintained through
August 31 of the terminal year.
H. Review of Credentials
of Non-Bargaining Unit Members
The procedures under this Article shall apply only to bargaining unit members, but no non-bargaining unit member may teach courses for credit or non-credit courses required for the Rider curriculum, except for academic administrators who are exempted either explicitly by the Agreement or [by past practice] who have done so continuously since 1974 and whose credentials have been examined and approved by the members of the appropriate department, program, or division, or unless the non-bargaining unit member is under the direct supervision of an individual who is a bargaining unit member [has been granted faculty rank] and who is the faculty member of record for the course. New appointments to faculty rank or changes in existing faculty rank for non-bargaining unit members shall be conferred by the University, consistent with the descriptions of faculty rank as set forth in Article VI.
The
awarding of faculty status to an academic administrator who has not been
appointed to a full-time tenure-track faculty line under the provisions
of this article of the Agreement does not entitle such administrator to
a full-time tenure-track appointment. Nor shall possession of such faculty
rank entitle that administrator to the corresponding rank if such individual
becomes a full-time member of the faculty. Instead, if such individual
loses her/his administrative position and wishes to join the faculty, s/he
shall be required to undergo the appointment procedures in this article
of the Agreement, and may be assigned such rank as may be appropriate.
I. Appointment after
Separation from the Full-Time Faculty
In the event that a
full-time member of the bargaining unit leaves the ranks of the full-time
faculty, and then is subsequently reappointed to the full-time faculty,
his/her starting salary shall be no greater than it would have been if
his/her full-time appointment had not been interrupted, unless:
b. he/she has spent
at least two (2) years out of the bargaining unit in a non-faculty classification
at the University.
PROMOTION AND TENURE
The procedure and requirements
set forth in this Article [and Articles VI and
VII] shall govern all applications for promotion and/or tenure
with the following exception for faculty at Westminster Choir College.
[Faculty
who applied for promotion to Professor during the 1993-1994 academic year
shall be permitted to complete the process and shall be held to the standards
in place when that process began. Faculty hired prior to September 1, 1994,
when applying for promotion to Assistant Professor II, will be reviewed
by their departments in the manner specified for Lecturers in the third
year of appointment, as provided for in Article VI, and will not be reviewed
by the Promotion and Tenure Committee.] Faculty hired prior
to September 1, 1994, will also be
held to the applicable standards for tenure and for promotion to Associate
Professor and Associate Professor-Librarian in place at Westminster Choir
College in the year in which they were hired. All applications for promotion
and tenure by faculty at Westminster Choir College not covered by the above
exceptions shall be governed by the procedures and requirements set forth
herein.
It shall be the responsibility of the candidate to maintain a documented record of his/her professional development, growth and accomplishments and to submit same to his/her departmental members and chairperson. (All references to "department" in this article shall be understood to refer to the department into which the candidate was appointed or transferred following the procedures for such appointment or transfer specified in this Agreement.) This record shall include an updated vita covering all three (3) relevant areas (teaching, scholarly activity and value); the candidate’s statement, a copy of the departmental criteria, evidence of scholarly activity; appropriate evaluation of teaching effectiveness (including but not limited to evaluation from departmental peers); and evidence of value to department, college and University.
All
participants in the Promotion and Tenure process recognize that the burden
of proof at each stage rests with the positive case.
In each college/school
in which there are members of the bargaining unit who are tenurable, a
Promotion and Tenure Committee shall be established consisting of the Provost,
the Associate Provost, the dean of the college, three (3) full-time tenured
members of the bargaining unit of the college, and a tenured member of
the bargaining unit at-large, who shall be nominated by the bargaining
unit members of the University Academic Policy Committee and elected by
members of the bargaining unit in an election
run by the University Academic Policy Committee for a term of
two (2) years. Such tenured member of the bargaining unit at-large shall
not be a candidate for promotion during this term of office.
In
the case of the Promotion and Tenure Committee for the School of Liberal
Arts and Science and the School of Education and Human Services, the Dean
of the College of Liberal Arts, Education and Science shall either sit
as the Dean or may designate his/her Associate Dean to sit in his/her stead.
Such tenured member
of the bargaining unit at-large shall serve as Chairperson and Convener
of the Committee. In addition, for the [College]School
of
Liberal Arts and Science,
and the
College
of Business Administration, [and Westminster Choir
College,] there shall be two (2) tenured alternate bargaining
unit members from the faculty of the colleges. For the [College]School
of
Education and Human Services, and Westminster
Choir College there shall be three (3) alternate bargaining
unit members for the faculty of the college. The Dean of the College of
Continuing Studies shall serve as the "dean of the college" for promotion
cases involving adjunct faculty teaching predominantly in the College of
Continuing Studies. When an adjunct
faculty member teaches both in the College of Continuing Studies and in
one of the other colleges or schools,
the Provost shall make a determination as to which dean shall serve on
the Promotion and Tenure Committee for that faculty member.
No bargaining unit
member of the Promotion and Tenure Committee, other than the departmental
representative, shall participate at the Promotion and Tenure Committee
level in the evaluation of a candidate from his/her department. In years
when there are candidates from the Promotion and Tenure Committee chairperson's
department, the bargaining unit members of the appropriate college committee
shall elect a vice chairperson from among the members who shall preside
over the Promotion and Tenure Committee in those cases where the chairperson
is ineligible. If the Provost, Associate Provost
or Dean is a member of the candidate's department, he/she shall
not participate in the evaluation of the candidate at the departmental
level.
The bargaining unit members of the college/school Academic Policy Committee shall serve as a nominating committee and run elections for the bargaining unit representatives and alternates from the college/school serving on the Promotion and Tenure Committee. The bargaining unit members of the individual colleges/schools shall elect the representatives and alternates from the college to the Committee for two-year terms. Initial terms of such representatives shall be on a staggered basis. Bargaining unit members may be re-elected. If a college/school is unable to elect a full complement of bargaining unit members on the Committee, the Academic Policy Committee of that college/school shall appoint eligible bargaining unit faculty from that college/school or, if necessary, from another college/school, to serve. In addition, for each candidate, a representative of the candidate's department and the department chairperson shall be members of the Promotion and Tenure Committee. The members of the candidate's department shall elect the representative in each case. The[role of the] departmental representative [will be to serve as] is a representative and spokesperson for the members of the department rather than [as] an advocate for the candidate. No person who has not been properly appointed chairperson or acting chairperson according to the provis
ions of Article XI
below shall serve in such capacity or carry out the duties assigned to
the department chairperson elsewhere in this Article. In the case of the
graduate divisions, the associate dean or the director of the graduate
program shall function as the department chairperson.
For
the purposes of promoting and/or tenuring librarians at Moore Library,
the Director of Library Services shall act as the candidate’s chairperson
and will carry out all of the responsibilities and duties of a chairperson
as set forth in this Article, including the submission of a written recommendation
to the Promotion and Tenure Committee based on the departmental criteria.
For
the purposes of promoting and/or tenuring librarians at Talbott Library,
the Associate Director of Library Services/Director of the Talbott Library
shall act as the candidate’s chairperson and will carry out all of the
responsibilities and duties of a chairperson as set forth in this Article,
including the submission of a written recommendation to the Promotion and
Tenure Committee based on departmental criteria.
To be eligible for tenure,
a librarian must possess the M.L.S., a graduate degree in a subject field
(other than Library Science), and must document significantly professional
contributions and value to the operation of the Library and University.
Such documentation shall include evidence of continuing effective support
of the teaching-learning process and of professional and scholarly contributions
to Library Science or the respective disciplines of the librarians.
Reference to a graduate degree in a subject field other than Library Science, both for the purposes of promotion and tenure, shall be deemed to include a doctorate in Library Science.
The Board of Trustees shall establish a Trustees Appeals Committee consisting of no fewer than five (5) members from the regular membership of the Board. The membership of such Committee shall remain constant for each academic year.
[Each
department shall describe, in writing, how judgments for each candidate
are consistent with the standards for the relevant rank set forth in Article
VI and the requirements for promotion and tenure set forth in this Article.]
1. Development of Departmental Written Criteria
2[1]. Candidate’s Preparation [and Evaluation] of Credentials
The evaluation of a candidate
for promotion and tenure shall begin at the departmental level. The applicant
shall prepare documented credentials which may include references from
colleagues. Credentials for promotion to Assistant Professor I or II shall
include an updated vita covering all three (3) relevant areas; a candidate's
statement; evidence of scholarly activity; appropriate evaluations of teaching;
and evidence of value to department, college, and University. Credentials
for promotion to Associate Professor or Professor or for tenure may be
more comprehensive.
In the absence of departmental unanimity, any dissenting member(s) shall make his/her/their objections known to the department at its discussion and shall be expected to write and to sign a minority report(s). Such recommendations shall also be filed by the department with the President of the AAUP. Notwithstanding the foregoing, the failure by any member(s) of the department to fulfill his/her/their professional responsibility hereunder shall not serve to delay the promotion and tenure process, nor serve as a basis to challenge the determination made with respect to an application for promotion or tenure.
Normally, only full-time
department members shall participate in the evaluation of the candidate.
In special cases in which an adjunct[a
part-time] bargaining unit member with a record of long-time
substantial involvement in department governance has special competence
to participate in the evaluation process, the department may, with the
agreement of the adjunct[part-time]
bargaining unit member, permit such adjunct[part-time]
bargaining unit member to participate. This determination must be made
and written notice of that determination sent, by October 10, to the elected
member of the bargaining unit at-large on the Promotion and Tenure Committee.
The department chairperson
or the Dean of the Libraries [Director
of Library Services] in cases in the Library, shall also meet
with the candidate and submit an evaluation based upon the standards
for the relevant rank established in this article and applied to the candidates
discipline by the departmental criteria [departmental
criteria], indicating his/her support or non-support.
4.[2].Candidate's Review of Department's and Chairperson’s Recommendations
The candidate shall
receive a copy of both the department's and chairperson's written recommendations
by November 15. The candidate shall have the right to raise specific concerns
in writing regarding the validity and sufficiency of the documentation
supporting these recommendations and to request an interview with the department
and/or the chairperson within five (5) working days of receiving the recommendations.
The department and/or chairperson shall consider, in its/his/her/their
final written recommendations, the concerns raised by the candidate. The
candidate shall receive a copy of the department's and the chairperson's
final written recommendations prior to their being forwarded to the Promotion
and Tenure Committee and to the President of the AAUP.
5.[3]. Candidate’s Submission of New Material
The candidate shall have the right
to submit to the Promotion and Tenure Committee of the college/school
new materials responding to the final written recommendations of the department
and the department chairperson. Copies of such materials must be submitted
simultaneously to the candidate's department and/or chairperson. The department
and/or chairperson shall have until December 20 to review and respond to
such materials and to forward such responses to the Promotion and Tenure
Committee.
4. [Use of Personnel File
The
candidate's personnel file shall be made available to the Promotion and
Tenure Committee of the college by the Provost and shall be made available
to the candidate in accordance with Article XIII, Section D.]
6.[5]. [Procedures of the] Promotion and Tenure Committee Review
The Promotion and Tenure
Committee shall meet to review the materials presented by the candidate,
the department, the department chairperson, and as requested by members
of the Committee, contained in the candidates
personnel file (to be provided by the Provost),
and shall make a recommendation concerning the candidate to the Board of
Trustees in accordance with the following procedures:
[guidelines:]
b. The candidate shall
have the right, upon request to the Committee Chairperson, to an interview
with the Promotion and Tenure Committee. He/she shall also have the right
to appoint as an advocate to represent his/her interest at any such interview
with the Promotion and Tenure Committee any person holding faculty rank
who is not a member of the relevant Promotion and Tenure Committee.
c. The department has
the professional responsibility to judge the academic competence of the
candidate and to provide a thorough and documented recommendation to the
Promotion and Tenure Committee. The Promotion and Tenure Committee shall
evaluate the adequacy of the submitted documentation and the extent to
which the candidate's credentials, qualifications, and performance meet
the standards established for promotion and tenure. Members of the Promotion
and Tenure Committee shall not substitute their judgments on the professional
expertise of the candidate on the grounds of inadequate departmental documentation
for judgments presented in the departmental recommendation(s), unless the
Promotion and Tenure Committee presents written substantive bases therefor.
However, the Promotion and Tenure Committee is responsible for evaluating
the adequacy of the departmental documentation.
If questions of accuracy
of information arise concerning the candidate's credentials or departmental
documentation, the Promotion and Tenure Committee shall make reasonable
efforts to ascertain the accurate information. The Committee may elect,
by majority vote, to remand to the department the entire file on the candidate's
application, without prejudice to the candidate's application, for purposes
of clarification. In such cases, the Promotion and Tenure Committee shall
set a deadline within which the department must respond, but in no case
shall such deadline be less than ten (10) working days. Any member with
questions about facts or possessed of factual information helpful in resolving
questions of accuracy shall share such questions or information with the
entire Committee.
d. The Promotion and
Tenure Committee shall make a specific written recommendation(s) concerning
the granting or non-granting of tenure or promotion, documenting its reasons.
Separate reports supporting different points of view shall be prepared
when appropriate. At the conclusion of the discussion of a candidate's
application for tenure or promotion, each member of the Promotion and Tenure
Committee shall state his/her intention to support or not support the pending
application. The subsequent written report(s) shall indicate the basis
for such support or non-support, with reasonable specificity to permit
the candidate to exercise meaningfully his/her options as provided for
in Section e, below, and each Committee member shall be required to sign
such a report which is consistent with such Committee member's prior statement
of support or non-support. No Committee member shall be permitted to reverse
his/her stated position of support or non-support subsequent to the conclusion
of discussion of the pending application as referred to above.
e. The candidate shall
receive a copy of the Promotion and Tenure Committee's recommendation(s)
and any supporting materials prior to its forwarding such recommendation(s)
to the Board. In addition, the candidate shall receive a list of any additional
materials being considered and, upon request, a candidate may obtain a
copy of any such additional material. When the Committee's recommendation
or any minority recommendation is negative, the candidate may appear before
the Committee to present such new information and/or request that the Committee
remands his/her application to his/her department for reconsideration of
the documentation of its recommendation(s).
If the candidate elects
to appear before the Committee to present new information, he/she must
do so within the time limits established by the Committee for such appearance.
The candidate may also elect to be accompanied by an advocate or representative
to represent his/her interests at such appearance. However, the Committee
shall have the right to question the candidate directly during such appearance.
The Committee, in considering the material presented by the candidate,
shall not be limited by the recommendation(s) made by the candidate's department
and
may substitute its judgements of the professional expertise of the candidate
for those judgements presented in the departmental or chairs recommendations.
The Committee shall consider the material presented by the candidate in
making its recommendation(s).
If the candidate asks
the Committee to remand his/her case to the department, such request must
occur within two (2) weeks of receipt of his/her report from the Promotion
and Tenure Committee. Upon receipt of the candidate's written election,
the Chairperson of the Promotion and Tenure Committee shall forward a copy
of the Committee's recommendation to all members of the department and
inform them that the candidate has elected to have his/her application
remanded to the department for its reconsideration of the documentation.
The Chairperson shall also return the entire file on the application to
the office of the department chairperson. Members of the department shall
return the file with such additional documentation as they may deem appropriate
to the Committee within time limits set by the Committee for such reconsideration
of the documentation. The departmental representative shall notify all
members of the Promotion and Tenure Committee of any new materials added
to the documentation. The candidate may appear before the Committee to
discuss with it any additional material provided by the department. Any
revised Promotion and Tenure Committee recommendation(s) resulting from
such meeting and/or remand shall contain a specific written recommendation(s)
concerning the granting or non-granting of promotion and/or tenure.
f. The Chairperson
of the Promotion and Tenure Committee shall forward a copy of the Committee's
recommendation(s) to the President of the AAUP, the chairperson of the
candidate’s department, and the departmental representative.
Upon receipt and study
of the written recommendation(s) of the Promotion and Tenure Committee,
together with all supporting materials and documents, the Board of Trustees
shall review the Promotion and Tenure Committee's recommendation(s) and
render a decision concerning the candidate based upon the documentation
and recommendations in the written record forwarded to it. If there is
more than one recommendation from the Promotion and Tenure Committee, or
if the Promotion and Tenure Committee disagrees with the recommendation
of a majority of the members of the department, all recommendations, including
all of those from members of the department, will be forwarded to the Board
of Trustees. Members of the Board of Trustees shall not, without written
substantive basis, substitute their judgments on the professional expertise
of the candidate for properly documented judgments presented in the departmental
and Promotion and Tenure Committee's recommendation(s).
The Board of Trustees
shall render its decision concerning the candidate and communicate its
decision in writing to the candidate, the chairperson of the candidate's
department, the departmental representative, the Chairperson of the Promotion
and Tenure Committee, and the President of the AAUP. When the decision
of the Board of Trustees is contrary to the recommendation(s) of the Promotion
and Tenure Committee and the candidate requests in writing the reasons
for such decision, the Board of Trustees shall provide its reasons in writing
for such decision, and shall communicate such written reasons to the candidate,
the chairperson of the candidate's department, the departmental representative,
the Chairperson of the Promotion and Tenure Committee, and the President
of the AAUP. When the Promotion and Tenure Committee has recommended against
promotion and/or tenure and the Board decides to grant promotion and/or
tenure, the Board of Trustees shall provide its reasons for its decision
and shall communicate such written reasons to the candidate, the chairperson
of the candidate's department, the departmental representative, the Chairperson
of the Promotion and Tenure Committee, and the President of the AAUP.
8. [7]Confidentiality
It shall be the responsibility
of all Committees and all individuals involved in the procedure under this
Article strictly to maintain and preserve the confidentiality of all information
and material pertaining to a candidate's evaluation hereunder, unless the
candidate elects to disclose or have disclosed any or all of such information
and material. If the candidate does so elect, the disclosure of any single
document or item pertaining to the candidate's evaluation hereunder, shall
authorize the disclosure of all of the information and material pertaining
to the candidate's evaluation. Nothing herein
shall be interpreted as to deny full access by the candidate to any and
all information pertaining to his/her case, which may be pertinent in preparing
his/her appeal of a negative recommendation. Nor shall anything contained
herein be interpreted as to deny full access to any and all information
needed by the AAUP in order to carry out its role as the bargaining agent.
9.[8] Committee Quorum
The Committees provided
for hereunder shall be authorized to act and carry out their responsibilities
despite vacancies or lack of complete staffing of such Committees, provided
that a quorum of the Committee is present at the time the Committee takes
action hereunder. For purposes of this [the]
Article, a quorum shall be defined as a majority of the number of persons
designated for membership on any such Committee under this Article.
The following candidates
may appeal in writing to the Board of Trustees Appeals Committee:
b. Candidates whose
applications have been denied by the Board of Trustees and for whom a denial
of promotion and/or tenure mandates a terminal contract,
c. Candidates whose
applications for promotion to Professor or tenured candidates whose applications
for promotion to Associate Professor have not been supported by the Board
of Trustees, after having been recommended for such promotion by the Promotion
and Tenure Committee.
2. Appearances Before the Board of Trustees Appeal Committee
A candidate making
such an appeal may elect to appear in person before the Board of Trustees
Appeals Committee on a date designated by this Committee, which shall be
as soon after the Committee's receipt of the written appeal as may be practicable.
If the candidate chooses to be accompanied by representatives of the AAUP,
no more than two (2) such representative members shall attend the Appeals
Committee interview. At least five (5) members of the Board of Trustees
Appeals Committee shall be present for all such appeals.
3. New Evidence
The candidate shall
not be permitted to submit any evidence in support of his/her application,
unless such evidence was submitted to and considered by the Promotion and
Tenure Committee, or unless such evidence relates to matters occurring
subsequent to the rendering of the recommendation of the Promotion and
Tenure Committee.
4. Written Decisions
If requested by the
candidate in writing, the Board of Trustees Appeal Committee shall render
a final decision in writing specifying the reasons for its decision. Copies
shall be forwarded to the candidate, the Provost, the President of the
AAUP, and the Chairperson of the Promotion and Tenure Committee, the chairperson
of the candidate’s department, and the departmental representative.
The appropriate terminal
degree or terminal qualification is required unless there is
evidence of exceptional professional accomplishments which would be of
substantial benefit to the University. A candidate lacking the appropriate
terminal qualifications shall be awarded tenure only when a majority of
the department and the Promotion and Tenure Committee have found that there
exists such evidence of exceptional professional accomplishments and have
recommended Tenure to the Board of Trustees. [are
exceptional circumstances].
Terminal qualifications, such as the J.D. or the M.F.A., shall be accepted
as well as terminal degrees. For Accounting faculty hired before the Fall
semester of 1988, the M.B.A. or a M.S. with a concentration in Accounting
along with a C.P.A., C.A., or C.M.A. is considered a terminal qualification.
For Accounting faculty hired thereafter, a doctorate will be required.
While possession of the appropriate terminal degree qualification is required,
as aforesaid, possession of such a degree or qualification is not sufficient
to serve automatically to entitle the candidate to the promotion or tenure
sought.
2. Evaluation of Teaching
Effective teaching
is a criterion for granting of tenure. The primary consideration in evaluating
effective teaching shall be given to evaluation by members of the department
of the candidate who have observed the candidate's classroom teaching.
It shall be the responsibility of the members of the department to observe
the candidate’s teaching and to describe the procedures and
standards used in judging the candidate's teaching effectiveness.
3. Value to Department, College, and University
The value of an individual
to his/her department, college, and the University is a criterion. This
requirement refers to the contributions a candidate
has made to the life of his/her department, program, college/school and
the University beyond the classroom and his/her scholarly activities. It
includes but it is not limited to such qualities as the match
between the candidate's abilities and interests and the goals of the department,
college, and University, demonstrated performance in assisting students
outside of the formal classroom, the promise of continued devotion to the
strengthening and updating of courses and curriculum, and the ability to
teach a variety of courses. Recognition shall be given to substantial service
in student advising, committee service, and AAUP service that can be adequately
documented. It shall be the responsibility of members of the department
to describe how their procedures and judgments conform to the standards
of this paragraph.
4. Scholarly Activity
Scholarly activity
is a criterion for tenure. Scholarly activity
shall be understood to include creative activities related to composing,
producing or performing when appropriate to the candidate’s discipline.
A candidate must demonstrate scholarly activity in his/her field of specialization.
Candidates for promotion and tenure must document a scholarly record appropriate
to the rank sought as defined in this article.
[Article
VI]. It shall be the responsibility of members of the department
to set forth the appropriate criteria for scholarly activity for the particular
academic field or discipline and to judge the quality of the candidate's
scholarly activity in relation to those criteria.
5. Westminster Choir College
Untenured
faculty at Westminster Choir College hired prior to September 1, 1994,
will be held to the applicable tenure standards in place at Westminster
Choir College in the year in which they were hired. All faculty at Westminster
Choir College hired as of September 1, 1994, shall be governed by the procedures
and requirements set forth in this Article.
6. No Promotion or Tenure Quotas
Neither fixed minimum nor maximum
number of faculty or tenured faculty either within a particular rank or
within a department, a college/school,
or the University, shall be considered as criteria for promotion or tenure.
7. Ranks of Faculty Receiving Tenure
Tenure for faculty
will be awarded at the rank of Associate Professor or Professor [unless
there are exceptional circumstances. Exceptional circumstances specified
under Section 1 above shall be applied only to situations where a tenure
appointment would be of substantial benefit to the University and shall
be limited to those instances where the candidate for tenure has been endorsed
by a majority recommendation of the Promotion and Tenure Committee.]
8. Application Notification of Faculty Members
The
University shall notify in writing any bargaining unit member when such
individual is required to apply for and attain tenure or promotion to avoid
the issuance of a terminal contract by the University to such bargaining
unit member. Such notification shall be sent to such bargaining unit member
by August 1 in the academic year during which such an application must
be made. However, the failure by the University to send the notification
provided for herein by August 1, as foresaid, shall serve only to extend
the time for such application by the same number of days as the number
of days after August 1 that the notification is sent. In no event, shall
such failure to give timely notice serve as a basis for a claim by such
bargaining unit member that he/she is entitled to de facto tenure or to
any other benefit or advantage by reason of the omission by the University
to provide the notice as required hereunder.
The requirements for
appointment or promotion to a given rank shall be [as
contained in Article VI and] those stated below. The requirements
for promotion shall also include the requirements set forth in Section
D(2), D(3), and D(4) of this Article. [Notwithstanding
the foregoing, untenured faculty at Westminster Choir College hired prior
to September 1, 1994, shall for purposes of promotion to Associate Professor
and Associate Professor-Librarian be held to the requirements in place
at Westminster Choir College at the date of their hire. All faculty hired
at Westminster Choir College as of September 1, 1994, shall be governed
by the procedures and requirements set forth in this Article.]
For promotion to Assistant
Professor II, to Associate Professor, and to Professor, the appropriate
terminal degree or qualification, as defined herein above, is required.
[,
except for those tenured members of the faculty who were employed by the
University prior to September, 1968, and] except for exceptional
circumstances as defined in D1 above. [which
shall be applied only to situations where a promotion would be of substantial
benefit to the University.] Terminal qualifications such as
the J.D. or the M.F.A., shall be accepted, as well as terminal degrees.
For Accounting faculty hired before the Fall semester of 1988, the M.B.A.
or an M.S. with a concentration in
Accounting along with a C.P.A., C.A., or C.M.A. is considered a terminal
qualification. For Accounting faculty hired thereafter, a doctorate will
be required. While possession of the appropriate terminal degree or qualification
is required, as aforesaid, possession of such degree will not serve automatically
to entitle a candidate to a promotion.
For
promotion to Assistant Professor II-Librarian, Associate Professor Librarian
and MLS and a graduate degree in a subject field (other than Library Science)
is required except for exceptional circumstances as defined in D1 above.
The Doctorate in Library Science may substitute for the graduate degree
for a subject area.
2. No Promotion Quotas
Neither fixed minimum nor
maximum number of faculty or tenured faculty within a particular rank within
a department, a college or school, or
the University shall be considered as criteria for promotion. Nor
shall the number of years in rank be a consideration except as otherwise
stated in this Article.
For
promotion to the rank of Assistant Professor II, the person must possess
the appropriate terminal degree or qualification and two (2) years of satisfactory
teaching experience and scholarly activities and value to the department
and to the college and university. The minimum qualifications for appointment
or promotion to a second term appointment to the rank of Assistant Professor
II-Librarian include the M.L.S., a graduate degree in a subject field (other
than Library Science), and demonstrated continuing professional growth
and development. A second term appointment shall be for a period not to
exceed three (3) years, at which time the individual will be promoted to
the rank of Associate Professor or Associate Professor-Librarian or will
be given a terminal contract. A person promoted to a second term appointment
to Assistant Professor II or Assistant Professor II-Librarian shall not
be subject to annual reappointment, but shall undergo such evaluation as
requested by the candidate or deemed necessary, respectively, by the department
or dean or by the library faculty or Director of Library Services to prepare
documentation required for promotion to Associate Professor or Associate
Professor-Librarian with tenure.
The
rank of Associate Professor is the first senior rank of faculty at Rider
University. This rank or the rank of Professor is held by all tenured faculty.
Standards for persons holding the rank of Associate Professor include appropriate
graduate education, appropriate terminal degree or qualification as defined
above, and a record of effective teaching, scholarly or performance activity
in the field of specialization, and value to the department, college, and
University. The minimum qualifications for the rank of Associate Professor-Librarian
include the M.L.S., a graduate degree in a subject field (other than Library
Science), demonstrated evidence of scholarly activities including contributions
to the library profession, effective support of the teaching-learning process
at Rider University, and value to the Library and University. Normally,
scholarly activity shall include completed work which shall be evaluated
by the department. While research in progress shall be evaluated, this
research must have reached a sufficient point of completion to provide
the department a basis to judge the merits of that research. In the event
that a candidate submits only uncompleted work as evidence of scholarly
achievement in application for this or any other promotion, the department
shall thoroughly describe the basis by which this work has been evaluated
and a recommendation reached.
b. Applications for
tenure prior to the sixth year of full-time teaching at the college level
shall not prejudice the application.
c. Candidates who have
spent periods of time on professional or personal leaves of absence at
Rider University shall not have such years counted in computing years of
teaching service at the University. In the computation of the number of
years of teaching service for this Article, time on leave shall not be
credited toward years of teaching service. However, such period of time
on leave shall not interrupt the computation of consecutive years of teaching
service for purposes of this Article.
d. The probationary
period prior to the award of tenure shall not exceed seven (7) years of
full-time teaching experience at the college level, including full-time
teaching at other institutions of higher education, except that prior full-time
teaching at other institutions of higher education in excess of three (3)
years will not be considered.
e. Failure to receive
tenure after six (6) years of full-time teaching at Rider or after six
(6) years of full-time college teaching experience, the last three (3)
of which were at Rider, will mean that any continued employment beyond
the seventh year will be either on a part-time basis or in a non-faculty
position, with no tenure resulting from such continued employment.
f. Notwithstanding
any of the other provisions of this Article, members of the bargaining
unit who receive a mid-year appointment to a full-time teaching position
shall be treated for purposes of this Article as if such appointment commenced
with the next ensuing September.
G. Application Notification of Faculty Members
2. Promotion
b. The timetable set
forth in Section F(1g) relating to tenure shall be applicable to application
for promotion as well.
The candidate has five
(5) working days to respond as is provided for in B(2) above. Final recommendations
shall be forwarded to the Promotion and Tenure Committee by the department
no later than December 5. Members of the Promotion and Tenure Committee
shall sign a control sheet, to be placed with each candidate's documentation,
indicating the date on which the documentation was reviewed. The candidate
shall be responsible for notifying members of the Promotion and Tenure
Committee of any materials added to the documentation after members of
the Promotion and Tenure Committee have completed their review. Any materials
to be submitted by the candidate to the Promotion and Tenure Committee
must be received by December 15 and by the department or chairperson by
December 20.
November 1 The department or the committee thereof working on the departmental evaluations shall commence meeting.
November 15 Candidate
shall receive a copy of both the department's and chairperson's written
recommendations.
November 15 Candidate
may state in writing specific concerns regarding the validity and sufficiency
of the documents supporting either the department's or the chairperson's
recommendations within this time period. The candidate may also request
an interview with the department and/or the chairperson within this time
period.
December 5 The written
recommendations of the department and the chairperson shall be forwarded
to the Promotion and Tenure Committee and the President of the AAUP. The
candidate shall receive a copy of the final reports prior to this date.
December 15 The candidate may submit new documentation to the Promotion and Tenure Committee up to this date.
Any such materials
must be simultaneously submitted to the candidate's department and chairperson.
December 20 The department
and/or chairperson shall have to this date to review and respond to any
new materialssubmitted by the candidate.
The
Promotion and Tenure Committee for Librarians shall consist of the Provost,
the Associate Provost, the Dean of
the Libraries [Director of Library
Services], three (3) tenured librarians selected by
the librarians, and the tenured member of the bargaining unit at-large
nominated by the University Academic Policy Committee and elected by members
of the bargaining unit.
For the purposes of promoting
and/or tenuring librarians at Moore Library, the Director of Library Services
shall act as the candidate's chairperson and will carry out all of the
responsibilities and duties of a chairperson as set forth in this Article,
including the submission of a written recommendation to the Promotion and
Tenure Committee based on the departmental criteria.
For the purposes of promoting
and/or tenuring librarians at Talbott Library, the Associate Director of
Library Services/Director of the Talbott Library shall act as the candidate’s
chairperson and will carry out all of the responsibilities and duties of
a chairperson as set forth in this Article, including the submission of
a written recommendation to the Promotion and Tenure Committee based on
departmental criteria.
2. Criteria for Tenure
To be eligible for tenure, a librarian
must possess the M.L.S., a graduate degree in a subject field (other than
Library Science), and must document significant professional contributions
and value to the operation of the Library and University. Such documentation
shall include evidence of continuing effective support of the teaching-learning
process and of professional and scholarly contributions to Library Science
or the respective disciplines of the librarians.
Reference to a graduate degree
in a subject field other than Library Science, both for purposes of promotion
and tenure, shall be deemed to include a doctorate in Library Science.
3. Procedures
Except as described above, the
other applicable procedures described in this Article shall apply to promoting
and tenuring librarians, including timetables and procedures for appeals.
The parties agree that the requirements relating to successful applications
for promotion to Assistant Professor II-Librarian or to Associate Professor-Librarian
after a period not to exceed three (3) years each, with the alternative
being a terminal contract, shall also have no application to librarians
who were members of the bargaining unit prior to September 1, 1982.
Upon the written request
of the AAUP, the University will supply to the AAUP copies of any underlying
documents pertaining to promotion and/or tenure which are referred to in
any report or decision supplied under this Agreement and which are in the
University’s possession at the sole cost and expense of the AAUP.
I. Promotion and
Tenure of Non-Bargaining Unit Members
All individuals who
are candidates for promotion and/or tenure, whether members of the bargaining
unit or not, shall be required to follow the same procedures as are applicable
to bargaining unit members described in this Article. Both parties agree
that any persons upon whom tenure or any faculty rank has heretofore been
conferred shall retain such tenure and/or rank.
DISMISSAL AND SUSPENSION
The University may
not discharge or suspend a member of the bargaining unit who has tenure
or whose term appointment has not expired, except for proper cause. Any
discipline imposed, including additions to an individual's personnel file,
shall be subject to the grievance procedure provided for in Article XXI,
including submission to arbitration.
[All
provisions contained in the existing University Statutes or any past practice
concerning suspension or dismissal of a bargaining unit member shall be
superseded by this provision.]
ANNUAL REAPPOINTMENT AND NON-REAPPOINTMENT OF NON-TENURED BARGAINING UNIT MEMBERS
A. Procedures for
Reappointment
It shall be the responsibility
of the individual being evaluated to maintain a documented record of professional
development and growth and to submit same to his/her departmental members
and the chairperson. The full-time members of the department shall have
the professional responsibility to evaluate annually persons subject to
reappointment decisions and to make a specific recommendation concerning
such reappointment. In special cases in which a part-time bargaining unit
member with a record of long-time substantial involvement in departmental
governance has special competence to participate in the evaluation process,
the department, with the agreement of the part-time bargaining unit member,
may allow that part-time bargaining unit member to participate in the evaluation
process.
Prior to the completion
of their recommendation, the members of the department or committee designated
by the members of the department, excluding the individual being evaluated,
shall assess the documented materials necessary for their decision. Such
materials shall include relevant information supplied by the candidate
and the department members, and may include properly documented materials
from competent sources other than those persons serving in the department.
The members of the
department, or a committee designated by the members of the department,
shall prepare written recommendation(s) presenting their reasons for reappointment
or non-reappointment. Each full-time member of the department shall sign
a written recommendation, indicating support or non-support, regarding
reappointment or non-reappointment. The department chairperson shall prepare
a separate written recommendation presenting reasons for reappointment
or non-reappointment.
2. Candidate's Review of Department's and Chairperson's Reports
Prior to the forwarding
of these recommendations to the dean, a copy of the department's recommendation
shall be sent to the chairperson, and a copy of the chairperson's recommendation
shall be sent to each member of the department. The candidate shall receive
copies of each of these recommendations and shall have the right to review
and respond to any or all of them at least five (5) working days prior
to the forwarding of such recommendations to the dean.
3. Dean's Review
The dean shall then
review the recommendations and shall normally support a well-documented
recommendation by the members of the department. In the event that the
dean has compelling reasons, which shall not be arbitrary, for not supporting
the recommendation of the department, these reasons shall be stated in
writing and forwarded to the members of the department, the chairperson,
and the candidate. A candidate who is denied reappointment or is given
a terminal appointment by action of the dean shall have the right to an
appeal as set out in Section 5, below.
4. Deadlines
In the event that such
a bargaining unit member fails to submit his documented record by the deadlines
stated below, the department or professional staff shall be permitted to
make a recommendation based on the best available evidence. Failure by
the members of the department, Library, or professional athletic staff
to forward their recommendation(s) by the deadlines stated below shall
permit the dean, Director of Library Service, or Director of Athletics,
as may be appropriate, to make a determination as to the reappointment
or non-reappointment of the non-tenured bargaining unit member based on
the best available evidence.
b. Bargaining unit
members in their second year of employment shall submit their documented
records to the department by October 15 for the purpose of annual review.
The department shall forward its recommendation(s) to the dean by November
15.
c. Bargaining unit members who hold the rank of Instructor or Instructor-Librarian and who were employed by the University on or after September 1, 1988, will be assigned to the rank of Assistant Professor I or Assistant Professor I-Librarian, subject only to being granted reappointment under the provisions of Article X, where such individual has attained the applicable terminal degree. Where such individuals have not attained the applicable terminal degree, they may be assigned to the rank of Assistant Professor I or Assistant Professor I-Librarian only with the concurrence, respectively, of the dean and the department or of the Director of Library Services and the library faculty. Such individuals must be successful candidates for the rank of Assistant Professor I or Assistant Professor I-Librarian by the end of their second year of the pre-probationary period, or they shall not be reappointed. Standards of notification and submission of documented records contained in Section E (1 and 2) shall apply, respectively, to appointees in the first and second years of a pre-probationary period. In the first and second probationary years following the expiration of a pre-probationary period, the schedule for notification of reappointment or non-reappointment shall be as set forth in Section E(2).
d. Bargaining unit
members with three or more years of prior teaching experience at the college
level shall, in their third year of employment at the University, apply
for tenure according to the terms and conditions of Article VIII.
Within ten (10) days
of the notification to a candidate of a denial of reappointment or a terminal
appointment, the candidate may request, in writing, a meeting with the
Provost to permit the candidate to present an appeal of the decision of
the dean. A meeting between the candidate and the Provost shall thereafter
be held. After consultation with the dean and department, the Provost shall
make a final written decision that shall not be arbitrary or capricious
and shall forward copies to the candidate, the dean, and the AAUP.
For reappointment of
librarians, the librarians, functioning as a department, shall forward
their recommendation to the Director of Library Services, who shall act
on it in the same manner as the dean in Section A.
C. Reappointment
of Members of the Professional Athletic Staff
For reappointment of
professional athletic staff members, the professional athletic staff, functioning
as a department, shall forward its recommendation to the Director of Athletics,
who shall act on it in the same manner as the dean in Section A.
D. Criteria for
Evaluation
For bargaining unit
faculty members, criteria for evaluation for reappointment shall include
demonstrated effective teaching, the value of an individual to his/her
department, college, and the University, and demonstrated scholarly activity
in his/her field of specialization. For bargaining unit staff, criteria
for evaluation for reappointment shall include appropriate professional
performance and activity and value to the staff and University.
E. Notification
Standard of notification
for reappointment and non-reappointment shall be as follows:
Not later than March
1 of the first academic year of service, if the appointment expires at
the end of that year; or, if a one-year appointment terminates during an
academic year, at least three (3) months in advance of such termination;
2. Notification in the Second Year of Employment and in the First and Second Probationary Years Following the Expiration of a Pre-Probationary Period
Not later than December
15 of the second academic year of service (or of the first and second years
of probationary service following the expiration of a pre-probationary
appointment), if the appointment expires at the end of that year, or, if
an initial two-year appointment terminates during the academic year, at
least six (6) months in advance of such termination;
3. Minimum Notification
At least twelve (12)
months before the expiration of an appointment after two (2) or more years
at the University.
4. Notification of Librarians
The procedures and
standards of notification shall apply to annual reappointment of non-tenured
librarians, except that when the initial appointment occurs during an academic
year, such librarian shall be entitled to at least three (3) months' notice
in that year.
DEPARTMENT CHAIRPERSONS/PROGRAM DIRECTORS
A.
DepartmentChairpersons
[Rights,
Privileges and Teaching Responsibilities of Department]
[The
parties agree to the principle that the faculty within the various academic
departments shall play a strong role in the formation and conduct of academic
programs within their disciplines.] It
is understood and agreed by the parties that a Department consists of an
academic unit in which there are at least two tenured or tenure-track faculty
who have been appointed or transferred to that unit by the procedure specified
in either Article VII (Appointments) or Article XXXIV (Transfer of Faculty.
All such departments shall be headed by a chairperson appointed or reappointed
in the manner prescribed in this Article. Such chairpersons shall not be
a member of the bargaining unit; however such chairpersons shall be fully
recognized as a member of the faculty and entitled to the rights and privileges
of such status. The chairperson’s duties include teaching which shall not
exceed a teaching load equivalent to the required teaching load for a full-time
faculty member in his/her college/school, as specified in Article XXV (Workload),
reduced by one course release per semester. This teaching and only this
teaching shall be exempt from the prohibition under Article XIV (Lay-Off),
Section F. Each department shall be headed by a department chairperson
appointed or reappointed in the manner prescribed in this Article. The
parties agree that it is desirable that a candidate for the position of
department chairperson be acceptable to both the dean of the college in
which the department is located and the full-time faculty of the department.
[The parties agree that the department chairperson is not a member of the
bargaining unit; however, such chairperson shall be fully recognized as
a member of the faculty and entitled to the rights and privileges of such
status.] [The parties recognize that a chairperson's duties include teaching
which shall not exceed a teaching load equivalent to the required teaching
load for a full-time faculty member in his/her college, as specified in
Article XXV ("Workload"), reduced by one course release per semester. This
teaching, and only this teaching, shall be exempt from the prohibition
under Article XIV ("Lay-Off"), Section F]
B. Program Director
1. resignation, disability,
or death of the chairperson or director.
2. in all cases when,
as a result of a review, both the dean and a majority of the department
agree that a vacancy should occur;
3. the dean determines
that a chairperson's or director’s
term should be ended and the majority of the members of the affected department
or
program do not state opposition to that determination in writing
within fourteen (14) days of the dean's notification of intent to terminate.
The fourteen-day response period may be extended by agreement between the
AAUP and the University during times other than the Fall and Spring semesters.
A department chairperson who leaves such office and returns to
E. Procedures for
Resolving Disagreements Regarding Vacancies
Policy in all cases
in which the dean and a majority of the department or
program disagree as to the occurrence of a vacancy, the disagreement
shall be submitted to a panel of three (3) persons. Such panel shall be
appointed as follows: the majority of the department or
program shall appoint one (1) member, the dean shall appoint
one (1) member, a chairperson or director from
the college shall be chosen by a majority of the chairpersons or
directors of the University. A new panel shall be elected for
each case of disagreement. Both parties agree that anyone serving on such
panel shall not be subject to any economic or other type of reprisal as
a result of any determination made by such panel. Such panel shall investigate
all aspects of the disagreement, consult with members of the department
or program, the dean, and the incumbent chairperson
or director, and shall submit a written report and recommendation
to the Provost. The Provost may meet with the panel to discuss the recommendations
and findings. The Provost shall make a final and binding determination
as to the resolution of the disagreement between the dean and a majority
of the department or program. The Provost
shall not improperly substitute his/her judgment for the properly documented
judgment and recommendations of the panel nor shall his/her determination
be made in an arbitrary or capricious manner. In the event that the Provost
does not follow the recommendations of a majority of the panel, he/she
shall submit in writing to the panel, the department, the dean, and the
President of the AAUP substantive written reasons for his/her action.
The AAUP may grieve
an alleged failure to follow the procedure provided for under this Article
through the grievance procedure including outside arbitration, but shall
not have the right to grieve the determination of the Provost. The arbitrator's
authority shall be limited to remanding the matter back to the panel and
Provost, with a mandate that a new determination shall be made consistent
with the procedure provided for under this Article.
F. Timetable for
Dispute-Resolution Procedures
The timetable for the
procedures under this Section shall be as follows: the dean's declaration
of disagreement with the department or program
shall
occur no later than March 8; the three-member panel shall be constituted
and shall complete its investigation and submit a written report by April
15; the Provost shall make a determination and, where required, submit
his/her written reasons for his/her action by April 22.
G. Procedures for
Filling a Vacancy
When a vacancy in the
position of department chairperson or program
director occurs, the dean shall notify the full-time members
of the department or program and consult
with them concerning such replacement. Such consultation shall include
both the academic and administrative criteria to be used in filling the
vacancy. The dean and the members of the department or
program shall examine credentials of applicants and interview
candidates. Such consultation shall also include discussion of the candidates
interviewed.
The dean shall nominate
a person to fill such vacancy. If the majority of the department or
program does not concur with the dean's choice of nominee, the
dean shall nominate a second candidate. The majority of the department
or
program shall then choose between the two (2) nominees of the
dean to fill such a vacancy. An incumbent chairperson
or
director may not be nominated by the dean. The dean shall be
free to make a recommendation for filling the vacancy either from within
or without the University, provided, however, that due consideration be
given candidates from within and that no appointment from outside the University
shall result in the loss of a bargaining unit position.
H. Promotion and
Tenure Procedures for Department Chairpersons
Department chairpersons
who are candidates for promotion and/or tenure shall be required to follow
the same procedures as are applicable to bargaining unit members described
in this Agreement. In such cases, the chairperson's position on the Promotion
and Tenure Committee shall be filled by a designee of the dean. Such designee
shall be in a field as close as possible to the candidate's field of teaching
and research.
I. Acting Chairpersons
An acting chairperson
or
director may be appointed by the dean after consultation with
the department or program for a period
not to exceed one (1) year. In the event a vacancy still exists at the
end of one (1) year, the dean, with the consent of a majority of the department
or program, may continue the appointment of an acting chairperson
on a year-to-year basis. An incumbent chairperson or
director may not be appointed acting chairperson or
director
by the dean.
J. Notification
of the Appointment of a Chairperson
The dean shall notify
each full-time member of the department or program
of
the appointment of a chairperson or an acting chairperson,
or a director or acting director.
ACADEMIC GOVERNANCE
A. Academic Policy
Committees
An Academic Policy
Committee ("APC") for each college or school
will be constituted from the faculty and students of that college
or school. Members of the professional athletic staff, if elected,
shall be eligible to serve as members of the [College]School
of
Education and Human Services APC. Thus, the College of Liberal Arts and
Science, the College of Business Administration, the College of Education
and Human Services, the College of Continuing Studies, and Westminster
Choir College will each have an APC. The committees from the Colleges of
Liberal Arts and Science, Business Administration, and Education and Human
Services shall each be composed of four (4) members of the bargaining unit
from the respective colleges, two (2) department chairpersons from the
respective colleges, the dean of the respective college, and a Student
Government Association representative. The Westminster Choir College APC
shall be composed of four (4) members of the bargaining unit from Westminster
Choir College, two (2) department chairpersons from Westminster Choir College,
the dean of Westminster Choir College, and a student representative chosen
by agreement between the Undergraduate and Graduate Student Associations
of Westminster Choir College. The APC of the College of Continuing Studies
shall be composed of four (4) members of the bargaining unit who regularly
teach in the College of Continuing Studies, one (1) department chairperson,
one (1) associate or assistant dean of such college, the Dean of the College
of Continuing Studies, and a Student Government Association representative.
The deans of the respective
colleges shall designate the department chairpersons and associate or assistant
dean who shall serve on such committees, and may designate alternates to
fill in for such persons as well as alternates to fill in for the deans.
The bargaining unit
members of the committees and alternates for each committee will be elected
by the respective members of the bargaining unit from each college except
that the bargaining unit members of the APC for the College of Continuing
Studies will be elected by procedures designated by the AAUP. The AAUP
will conduct such elections.
The Student Government
Associations shall select their representatives.
From among the full-time
bargaining unit members, each college APC shall elect a chairperson, a
permanent secretary, who shall also be vice chairperson, and a liaison
to the University Academic Policy Committee ("UAPC"). The liaisons from
each college APC to the UAPC shall be elected by the bargaining unit members
of each college APC. In the event that no one agrees to serve as permanent
secretary, the position of secretary shall be rotated in accordance with
past practice, and the committee shall elect a vice chairperson, who will
not be paid any additional compensation.
2. Library Academic Committee
The library faculty
will elect four (4) librarians, at least one of whom shall be from Talbott
Library, to an APC for the Libraries. The Director of Library Services,
and the Associate Director of Library Services, and the Associate Director
of Library Services/Director of the Talbott Library will be standing members
of the LAPC. The librarian members will serve two-year terms. From among
the bargaining unit members, the LAPC shall elect a liaison to the UAPC.
A representative of the Student Government Association, designated by the
Association, will also serve as a member of the LAPC.
3. The UAPC
The APC for the University
shall consist of eighteen (18) persons, as follows: ten (10) members of
the bargaining unit, with two (2) each from the College of Liberal Arts
and Science, College of Business Administration, College of Education and
Human Services, and Westminster Choir College, and one (1) each elected
from the College of Continuing Studies and the Libraries; the deans of
the colleges libraries; the Provost;
the Associate Provost; and a representative of the Student Government Association.
Six (6) bargaining unit members of the UAPC are the liaison members of
the APCs of the five colleges and the Libraries specified above. Four (4)
bargaining unit members of the UAPC and alternates will be elected by the
respective members of the bargaining unit from the [College]School
of
Liberal Arts and Science, College of Business Administration,
[College]
School of Education and
Human Services, and Westminster Choir College. The AAUP will conduct such
elections.
The Student Government
Associations shall select a representative. The deans, Provost, and Associate
Provost may designate alternates to fill in for them at committee meetings.
From among the bargaining
unit members, the UAPC shall elect a chairperson and a permanent secretary,
who shall also be vice chairperson. In the event that no one agrees to
serve as permanent secretary, the position of secretary shall be rotated
in accordance with past practice, and the UAPC shall elect a vice chairperson,
who will not be paid any additional compensation.
The bargaining unit
members of the UAPC shall appoint the bargaining unit members of subordinate
committees.
4. Vacancies
Any APC positions designated
for bargaining unit members which positions are not filled as aforesaid
shall remain vacant until filled with no change in the voting requirements
set out hereafter.
The University agrees
that new academic policies pertaining to matters at the college and Library
levels, listed in Section C, and at the University level, listed in Section
D, will not be adopted unless they have been enacted in accordance with
the provisions of this Article. APCs shall not intrude into areas of professional
competence traditionally the responsibility of the department and/or individual
faculty members. If any administrator above the rank of chairperson designates
a task force or committee with responsibilities overlapping those of an
APC or any of its standing committees, and if that administrator proposes
to include bargaining unit members, he/she shall notify the appropriate
APC, and the bargaining unit members of the APC shall designate the bargaining
unit representatives to the task force or committee. The relevant administrator
may select the chair, set forth the charge, and otherwise organize the
task force or committee as he/she sees fit. When the work of the task force
or committee is completed, its report shall be forwarded to the relevant
APC. Actions with respect to any recommendations shall be subject to the
Agreement.
C. College and Library
APCs
The following matters
shall be the primary responsibility of college APCs: oversight of requirements
for degrees, majors, minors and programs
within the college or school, procedures
for academic advising, procedures regarding academic standing, and approval
of course proposals and the creation of new departments
and programs. The college APC shall have the primary responsibility
for the initial formulation and development of new academic policy for
the college.
The college APCs shall
have jurisdiction over the following matters:
b. departmental and program curriculum; establishment of new departments and programs;
c. course review and approval;
d. grading standards;
e. academic standing;
f. degree requirements;
g. [major and minor program] requirements for majors, minors or courses of study
h. honors standards;
i. subordinate committee creation, deletion, and oversight;
j. methods of instruction;
k. academic aspects of orientation for new
students;
l. decisions to pursue and maintain
accreditation;
m. high school course
requirements for applicants for admission to Rider University in programs
of such college.
Programs
with faculty drawn from more than one college or school shall be reviewed
and be under the jurisdiction of the APC of the College or School from
which the majority of the faculty of the program are drawn.
Matters not within
the scope of the jurisdiction of the Committee, as aforesaid, nor added
thereto by the required number of votes, may be considered and discussed
by the Committee, but will not be subject to the procedures set out hereafter,
nor may the Committee adopt binding policies with respect thereto.
2. Scope of Jurisdiction of the LAPC
The LAPC is the sole
academic policy body and the primary consultative and advisory body with
respect to policy matters affecting the Libraries. The LAPC shall also
have the responsibility to formulate proposed library policies with potential
impact on one or more of the colleges and to convey such proposed policies
to the appropriate college APC or the UAPC, according to the policy distribution
and response procedures described below. No newly adopted policy affecting
the Libraries will be implemented until the LAPC has been afforded a reasonable
opportunity to fulfill its consultative and advisory responsibility hereunder.
In addition to the
foregoing, the LAPC shall have the primary responsibility for the formulation
and development of the Libraries’ academic policy with respect to the following
matters:
b. development of directions for new library services;
c. policies that affect the accessibility of
collections;
d. library support of academic programs;
e. development of general directions for new technologies;
f. policies involving cooperation with other libraries;
g. editorial review of library public relations printed
material;
h. subordinate committee
creation, deletion, oversight.
Before the academic
policy developed by a college APC or the LAPC may be implemented, the following
procedure shall be followed:
Copies of the proposed
policy shall be distributed to all other college APCs, the LAPC, and the
UAPC.
b. Responses From Other APCs and Resolution of
Disagreements
The other college APCs
and the LAPC shall have a period of thirty (30) days from receipt of the
proposed policy to advise the enacting committee that there will be a substantial
adverse impact created by the proposed policy. Such written statement shall
describe why the responding committee believes such adverse impact will
occur. The responding APC(s) shall meet with the enacting committee in
an effort to adjust and resolve any such impact.
c. Application to the UAPC to Serve as Mediator in
Disputes Between College APCs
If not resolved as
a result of the discussions at such a meeting, a college APC may request
that the UAPC consider the matter and serve as a mediator in attempting
to adjust and resolve any such impact. The UAPC shall act only upon the
written request from a college APC or the LAPC, which request shall be
accompanied by written documentation of the substantial adverse impact
of the proposed policy.
d. Procedures for Mediation
The UAPC shall then
meet with each of the affected APCs or with the LAPC, if affected, and
attempt to mediate the dispute. If the UAPC is unable to resolve the dispute
to the satisfaction of the affected APC(s), it shall submit a written summary
of the matter and a recommendation to the Provost, who shall make a final
determination to resolve the dispute. If he/she does not follow the recommendation
of the UAPC, he/she shall furnish to it written reasons for his/her determination.
e. Review
and Approval of New Programs
Programs established prior
to September 1, 1999 shall be deemed to have been reviewed and approved
without going through the above except that they shall follow the procedure
in E1 above for the purpose of establishing the faculty of the program.
Once that faculty is established such programs shall be governed by majority
vote as outlined above.
D. The UAPC
The University Academic
Policy Committee shall have the primary responsibility for the formulation
and development of the University's academic policy with respect to the
following matters:
2. core curriculum or other curriculum not specific to a particular
college;
3. course review and approval;
4. grading standards;
5. academic standing;
6. degree requirements;
7. major and minor program requirements;
8. honors standards;
9. subordinate committee creation, deletion, and oversight;
10. methods of instruction;
11. academic aspects of orientation for new students;
12. academic aspects of the University calendar pertaining to
length of class sessions, length of the semester, final
examination periods, and reading days;
13. library support of academic programs;
14. high college course requirements for applicants for admission
to Rider University;
15. admissions policies and programs.*
*Subject to the restriction
in Section F(2b).
Notwithstanding the
foregoing, upon a vote of twelve (12) members of the Committee, other than
the Student Government Association representative, such Committee may extend
the scope of its jurisdiction to other academic matters not set forth on
the foregoing list.
Matters not within
the scope of the jurisdiction of the Committee, as aforesaid, nor added
thereto by the required number of votes, may be considered and discussed
by the Committee, but will not be subject to the procedures set out hereafter,
nor may the Committee adopt binding policies with respect thereto.
E. Committee Procedure
The chairperson of
each committee shall preside at committee meetings in such a manner as
to facilitate the orderly and deliberative consideration of the committee's
business and in accordance with procedures established by the committee
by a majority of the committee members. Any dispute over committee procedures
or the conduct of the committee's business shall be resolved by a majority
of the committee members. During the academic year, committees shall normally
meet at least twice a month. Each committee other than the College of Continuing
Studies APC shall call a faculty meeting at least once a semester. In order
to avoid conflicts in scheduling between the AAUP and the UAPC, the Chair
of the UAPC and the President of the AAUP shall meet on an annual basis
to coordinate the scheduling of UAPC and AAUP Executive Council and Chapter
meetings. It is understood that meetings of the UAPC, AAUP Executive Council,
and the AAUP Chapter will normally occur during the Tuesday open period,
11:30 to 1:10. Other APCs will normally meet during the Thursday open period,
11:30 to 1:10.
Upon the request of
any committee member, committee voting shall be by secret ballot. Minutes
shall be limited to a list of the topics discussed, the actions taken,
if any, in regard to such topics, a brief recital of the substance of such
discussions and debate relating to such topics, and the proposed agenda
for the next meeting.
Minutes of each college
APC will be distributed to each department, with a sufficient number of
copies for each full-time member of the department. Distribution to part-time
faculty will be handled by the College of Continuing Studies. The UAPC
will distribute copies of its minutes to each college for distribution
to all members of the faculty in each college. The University shall provide
for such distribution.
F. Committee Enactment
of Policies
College APCs and the
LAPC may enact academic policy with respect to matters within the scope
of their jurisdiction, as set out above, by an
affirmative vote of at least five (5) members of the Committee.
Enactment of policy by college APCs and the LAPC are subject to the requirements
for the closing of debate and the limitations on the implementation by
the University of any such enacted policy, as set out hereafter.
A proposed academic
policy may be brought to a vote concerning its enactment only in one of
the following ways:
b. A vote of at least
four (4) members of the Committee, not including the dean or Director of
Library Services, in favor of curtailing discussion and debate and voting
on the proposed policy, in which case such a vote concerning the enactment
of the proposed policy may only occur if (i) Committee meetings in three
(3) separate months have included discussions of the proposed policy and
(ii) an arbitrator, in accordance with the following procedure has directed
that discussion on such policy be concluded and a vote concerning enactment
of the policy take place. The arbitrator shall be an individual from the
panel of arbitrators contained in Article XXI ("Grievance and Arbitration
Procedure") of this Agreement, and shall be selected from such panel by
the Committee members voting in favor of curtailing discussion and debate
(in
such case the otherwise secret ballot shall be opened up) [(themaximum
otherwise
secret ballot shall be an open vote if at least four (4) Committee members,
not including the dean or [Director of Library Services],
have voted in favor of curtailing discussion and debate)]. In such case,
the Committee members favoring curtailment of discussion and debate and
those members of the Committee opposing such curtailment shall prepare
and exchange statements in support of their respective positions within
ten (10) days of the meeting at which at least four (4) Committee members
(not including the dean or [Director of Library
Services)] voted to curtail discussion. Within seventeen (17)
days of such meeting, the respective groups of Committee members shall
transmit to the designated arbitrator their statements in support of their
respective positions, revised and supplemented as they deem appropriate,
and shall also forward copies thereof to the other members of the Committee.
No hearing or testimony before the arbitrator shall be required, and the
arbitrator's authority shall be strictly limited to either directing that
discussion and debate be curtailed and a vote be taken on the enactment
of the proposed policy, or that discussion and debate be continued. The
arbitrator shall not be authorized to place a time limit or any other limit
on further discussion and debate, if he/she directs that discussion and
debate be continued.
The UAPC may enact
academic policy with respect to matters within the scope of its jurisdiction,
as set out above, by a vote of ten (10) members of the Committee, subject
to the requirements for closing the debate and the limitations on the implementation
by the University of any such enacted policy, as set out hereafter.
A proposed academic
policy may be brought to a vote concerning its enactment only in one of
the following ways:
b. A vote of ten (10)
members of the Committee in favor of curtailing discussion and debate and
voting on the proposed policy, in which case such a vote concerning the
enactment of the proposed policy may occur only if (i) Committee meetings
in three (3) separate months have included discussions of the proposed
policy and (ii) an arbitrator, in accordance with the following procedure,
has directed that discussion on such policy be concluded and a vote concerning
enactment of the policy take place. The arbitrator shall be an individual
from the panel of arbitrators contained in Article XXI ("Grievance and
Arbitration Procedure") of this Agreement and shall be selected from such
panel by the ten (10) Committee members voting in favor of curtailing discussion
and debate (the otherwise secret ballot shall be an open vote if ten (10)
Committee members, but only ten (10), have voted in favor of curtailing
of discussion and debate). In such a case, the ten (10) Committee members
favoring curtailment of discussion and debate and those members of the
Committee opposing such curtailment shall prepare and exchange statements
in support of their respective positions within ten (10) days of the meeting
at which ten (10) Committee members voted to curtail discussion. Within
seventeen (17) days of such meeting, the respective groups of Committee
members shall transmit to the designated arbitrator their statements in
support of their respective positions, revised and supplemented as they
deem appropriate, and shall also forward copies thereof to the other members
of the Committee. No hearing or testimony before the arbitrator shall be
required, and the arbitrator's authority shall be strictly limited to directing
either that discussion and debate be curtailed and a vote be taken on the
enactment of the proposed policy or that discussion and debate be continued.
The arbitrator shall not be authorized to place a time limit or any other
limit on further discussion and debate if he/she directs that discussion
and debate be continued.
Notwithstanding the
foregoing, the Committee may enact academic policy with respect to admissions
policies and programs (item 15 on the above list of jurisdictional subjects)
only by a vote of eleven (11) or more members of the Committee, excluding
the Student Government Association representative. Each Fall the Dean of
Admissions, or his/her designee, shall appear before the Committee to address
it with respect to recently enrolled students and current admissions strategies.
In order that Committee
discussions be well-informed, each Committee member shall supply to the
Committee that non-confidential information which is reasonably available
to him/her and which bears on matters of academic policy under discussion.
H. Eligibility for
Committee Membership
Eligibility to fill
bargaining unit positions on the University or college APCs shall be limited,
except for adjunct member(s) of the College of Continuing Studies APC,
to persons who have completed at least two (2) years of full-time academic
service at the University. Bargaining unit members who serve as regular
members of one (1) APC may not simultaneously serve as regular members
of another APC, except that one (1) member of each college APC and the
LAPC shall serve on the UAPC.
I. Term of Office:
Vacancies
Bargaining unit members
who serve as regular or alternate members of the University, college, or
Library APC shall serve for two-year terms, beginning and ending on September
1. In the event of a bargaining unit vacancy on such a committee resulting
from resignation, death, or other unavailability of a bargaining unit committee
member, the vacancy shall be filled by a special election among the affected
bargaining unit members with such election to be conducted by the AAUP.
J. Implementation
of Enacted Academic Policies
Within thirty (30)
days of the enactment of an academic policy by either University, college,
or Library APC, the University agrees either to implement the enacted policy
or to give notice to the members of the Committee which enacted the policy
and to the AAUP of its intention either to implement or not implement the
enacted policy.
2. Reasons for Refusing to Implement Policy
The University shall
implement policies duly enacted under this Article, except for the following
reasons:
b. demonstrable impracticability
resulting from the policy's impact on University administrative procedures;
c. demonstrable incompatibility
with other separate, but related, existing University policies not included
in the policy under review;
d. demonstrable conflict
with laws, governmental regulations,
or licensure requirements;
e. inconsistencies
with provisions of this Agreement;
f. the enacted policy
affects terms and conditions of employment.
In the event of an
election by the University not to implement an academic policy duly enacted
under this Article, the University shall provide the appropriate Committee
and the AAUP within forty-five (45) days of the enactment of the policy
written reasons explaining such election.
4. Arbitration Under This Article
In the event that the
AAUP grieves the University's election not to implement a duly enacted
academic policy, and the matter is referred to arbitration, upon proof
by the AAUP that the University knowingly withheld from the Committee reasonably
available and pertinent information during the course of Committee discussion
of the enacted policy, the arbitrator may disregard any reason for non-implementation
based on such information. The arbitrator shall have the authority to direct
implementation.
5. Modification of Policies
During a thirty-day
period after the University either commences implementation of a newly
enacted academic policy or gives notice of its intention to implement the
enacted policy, as referred to in Subsection 1 of this Section, the University
may give notice to the members of the Committee which enacted the policy
and to the AAUP that, because of another conflicting policy brought to
its attention after previously implementing or giving notice of its intention
to implement the new policy, the University declines to implement the newly
enacted policy. In such event, the newly enacted policy may be reconsidered
by the Committee which enacted it so as to attempt to modify and adjust
the policy (and the conflicting policy if it is within the scope of the
jurisdiction of the Committee) to avoid conflict between the policies.
All meetings of the
APCs shall be open to members of the University community except as those
committees may elect to meet in executive session.
PERSONNEL FILES
A. Location of Files
Personnel files for
all members of the bargaining unit shall be kept in the Provost's Office.
B. Contents
The contents of these
files will be restricted to correspondence or documents received from the
member of the bargaining unit or to correspondence or documents of which
the bargaining unit member has received a copy. Bargaining unit members
may reply, in writing, to any correspondence or documents placed in their
files and such response shall be retained in their files as long as the
correspondence or documents to which the response relates are similarly
retained in the files.
C. Availability
to Bargaining Unit Members
Each bargaining unit
member may inspect his/her personnel file at the Provost's Office by appointment
on reasonable notice. The bargaining unit member may not remove any materials
from these files but may obtain copies of any part or all of the material
contained in his/her personnel file upon payment of the cost of reproduction
thereof.
D. Access to Contents
Each personnel file
shall be available only to the named bargaining unit member to whom it
relates, the appropriate members of the administration for relevant and
pertinent information in applicable situations, or Trustees of the University
in appropriate or applicable circumstances.
E. Pre-Appointment
Files
Pre-appointment files
containing information about bargaining unit members shall be maintained
on a confidential basis and shall not be accessible to the bargaining unit
member involved or to any committee or individuals for the purposes of
reappointment, evaluation, promotion, tenure, or discipline, suspension,
or discharge.
F. Other Files or
Records
Other files or records
pertaining to bargaining unit members, such as files maintained by a dean
or a department chairperson, shall be available, in accordance with the
terms of Section C, to the bargaining unit member to whom they relate and
the appropriate members of the administration for relevant and pertinent
information in applicable situations, other than for the specifically excluded
uses referred to in the preceding paragraph. The contents of these files
will be restricted to correspondence or documents received from the member
of the bargaining unit or to correspondence or documents a copy of which
the bargaining unit member has received. If a bargaining unit member finds,
upon inspection of his/her file, materials placed into that file prior
to September 1, 1992, that do not conform to the above standard, such material
will be removed within a reasonable period of time at the request of the
bargaining unit member. Regardless of the time at which the material was
placed in the bargaining unit member’s file, the University will provide
a copy of such material to the bargaining unit member if he/she so requests.
A bargaining unit member may place a response, in writing, to any correspondence
or documents placed in his/her file(s) in accordance with the terms of
Section B of this Article. A bargaining unit member shall be entitled to
have deleted any item or items placed in his/her file(s) after September
1, 1992, in accordance with the terms of Section G of this Article.
G. Deletion of Items
In the event a member
of the bargaining unit requests, in writing, that any item or items be
deleted from such bargaining unit member's personnel file, and if the University
agrees to such deletions, such item or items shall thereafter be deleted.
Documents which a tenured bargaining unit member requests, in writing,
be removed from his/her personnel file shall be removed at the expiration
of a two-year period from the date of such request, unless the University
agrees to such removal at an earlier time. However, notwithstanding the
foregoing, in no event shall the following documents be subject to such
removal:
2. staff information
forms;
3. any report(s) from
Promotion and Tenure Committees concerning such individual.
In the event the University
receives allegations of professional misconduct by a bargaining unit member,
the Provost will evaluate such allegations and make a preliminary determination
as to whether statements of such allegations shall be placed in the bargaining
unit member's personnel file. If he/she determines that such statements
shall be placed in the personnel file, he/she shall so advise the bargaining
unit member, who may either elect to schedule a meeting with the Provost
to discuss the matter or to submit a written response to the allegations
for inclusion in the file. If such a meeting is held and, thereafter, the
statements of such allegations are placed in the file, the bargaining unit
member may then submit a written response to the allegations for inclusion
in the file.
LAY-OFF
A. Reasons for Lay-Off
The University may
lay off members of the bargaining unit because of either financial exigency
or the demonstrated financial need to eliminate or curtail programs or
courses of instruction to protect the well-being of the University.
Notwithstanding the foregoing the University will not layoff any bargaining
unit members during the life of this Agreement, except for reasons of financial
exigency.
Prior to any notice
of lay-off, the University may offer a bonus of one (1) or
more year's pay, in addition to any other benefits available
under Article XXXII for those eligible thereunder, to any
full-time
bargaining unit members in departments which may be subject to lay-off
who agree to voluntary separation from the University.
[retire].
The University will determine the number of such bonus offers it will make
and will approve such proposed bonus recipients in the order of seniority
within each department of those accepting the University's offer. If extending
such a bonus or bonuses, the University will make such offer as early as
possible but no later than 21 days before October 15. Such bonus offers
will be open for acceptance for a 21-day period.
2. Notice of Lay-Off
In the event the University
determines that a lay-off is still necessary, the University shall be required
to notify the affected faculty member(s) by October 15. By October 15,
the University shall also be required to provide the AAUP the material
set forth in Sections a, b, and c:
b. a proposed lay-off
plan identifying the number of lay-offs needed, the departments (or disciplines
in multi-disciplined departments), or professional staffs to be eliminated
or curtailed, and the bargaining unit positions proposed for lay-off in
accordance with the order of lay-off provided for in this Article;
c. evidence demonstrating
that there has been, or will be, contemporaneously with the lay-off of
bargaining unit members, other reasonable and prudent savings effected
by the University through means other than by the lay-off of members of
the bargaining unit.
Within a 21-day period
following the University's notice to the AAUP, representatives of the University
and the AAUP shall meet to discuss and confer concerning the University's
proposed lay-off plan.
C. Arbitration Concerning
Lay-Off
The AAUP may refer
the matter to arbitration, but notice to arbitrate must be given within
two (2) days of the expiration of the aforesaid 21-day period following
the University's notice to the AAUP. The grievance procedure steps prior
to arbitration, as set forth in Article XXI, shall be omitted, and the
matter shall, if the AAUP proceeds to arbitration, immediately be referred
to an arbitrator selected by the AAUP from the panel listed in Article
XXI.
In the event of such
an arbitration, the University and the AAUP shall each submit to the designated
arbitrator their respective proposals [as to the
appropriate number of lay-offs, if any,] and the arbitrator
shall be absolutely required to adopt and accept either the proposal of
the University or that of AAUP as to the appropriate number of lay-offs,
if
any, the departments, disciplines or professional staffs to be eliminated
or curtailed and the bargaining unit members to be laid off,
if any. The parties' final proposals shall be the subject of a hearing
before the arbitrator. At the same hearing, the AAUP may also raise issues
with respect to whether the procedure under this Article has been followed
by the University and whether the University's proposed lay-offs conform
to the required order of lay-offs as set forth in this Article. The arbitrator
shall not have any authority to pass on any other issues relating to the
proposed lay-off.
D. Order of Lay-Off
Lay-offs of bargaining
unit members within an affected department (or discipline in a multi-disciplined
department) under this Article shall take place in the following order:
2. non-tenured members
of the bargaining unit based on the inverse order of seniority;
3. tenured members
of the bargaining unit based on the inverse order of seniority.
Department | Disciplines |
Fine Arts | Art, Music, Theater, Dance |
Foreign Languages | French, German, Italian, Russian, Spanish |
Math, Physics | Math, Physics |
Communications | Journalism, Speech |
Business Policy and Environment | Business Law, Business Policy |
Piano/Organ | Piano, Organ |
E. Seniority
Seniority, for purposes
of this Article, shall be computed based on a bargaining unit member's
date of last appointment letter indicating appointment to full-time faculty
status. In computing seniority, authorized leaves of absence, either full
or part-time, from the University for personal or professional reasons,
shall be counted as years of service. Members of the bargaining unit who
have engaged in other service at the University shall have such period
of other service at the University treated as follows:
Department chairpersons,
during the period they serve in such capacity, shall continue to accrue
seniority as if they were members of the bargaining unit.
2. Other Administrators
[Persons,
other than department chairpersons, who hold faculty rank and/or tenure
and who were employed in administrative positions prior to September
1, 1982, shall continue to accrue seniority as if they were members of
the bargaining unit.] All [other]
persons employed in administrative positions, except for department chairpersons,
shall, [as of the date of this Agreement,]
accrue no [more] seniority for any
period of such service at the University.
3. Procedures for Breaking Ties
In the event that two
or more members of the bargaining unit have equal seniority under this
Article and one or more of such persons are subject to lay-off, such tie
shall be resolved in favor of the individual who has any part-time or full-time
teaching experience at the University prior to such person's most recent
date of appointment to full-time teaching. In cases where either both or
neither of the individuals has such previous experience, then such tie
in seniority shall be resolved by a random selection method, such as drawing
the names from a hat with the first such name being deemed the least senior,
etc. Representatives of AAUP shall be present at any such random drawing.
Bargaining unit faculty
members in an affected department or discipline shall not be laid off while
bargaining unit work is being performed by any non-bargaining unit members,
other than department chairperson teaching as referred to in Article XI,
Section A, in such department or discipline. Bargaining unit members of
a professional staff in an affected area of the University shall not be
laid off while their unique professional duties are being performed in
such affected area by non-bargaining unit members.
G. Written Notice
of Lay-Off
For purposes of this
Article, written notice of lay-off for bargaining unit members with two
or more years at the University shall be given by October 15 to take effect
the following August 31. The standards of notification referred to in Article
X, Section E(1), E(2), and E(4) shall apply to all other bargaining unit
members who are laid off.
H. Alternate Service
Before proposing a
lay-off plan under this Article, the University shall consider alternate
service for tenured bargaining unit members otherwise subject to lay-off,
which alternate service may include professional part-time non-teaching
responsibilities, or professional full-time non-teaching responsibilities.
In addition to the foregoing, tenured bargaining unit members being laid
off shall, on written request to the Provost, be given the opportunity
to transfer to another department or discipline, provided that they are
academically qualified to teach in such other department or discipline
and provided that as a result of the transfer, no other bargaining unit
member with greater seniority shall be laid off as a result thereof. A
final decision as to whether a particular bargaining unit member is academically
qualified to teach in a particular department or discipline shall be made
by the dean of the college in which such department is located after consultation
with the members of the department or discipline to which such bargaining
unit members seek assignment.
I. Data Concerning
Lay-Off
The University will
make available to the AAUP any reasonably available data relevant to the
proposed lay-off at the time that it gives notice to the AAUP of its election
to lay off bargaining unit members. Data relevant to the proposed lay-off
which becomes available thereafter will also promptly be made available
to the AAUP. No data relevant to the proposed lay-off will be submitted
by the University or the AAUP to an arbitrator to whom the subject of the
proposed lay-off has been submitted, unless such data have previously been
made available to the AAUP and the University.
J. Recall From Lay-Off
Recall from lay-off
in an affected department or discipline shall be by groups as follows:
2. non-tenured bargaining
unit members by order of seniority;
3. part-time bargaining
unit members.
A bargaining unit member
who is recalled after lay-off shall be reinstated to his/her former tenure
status, his/her former rank and title, his/her years of seniority accumulated
prior to lay-off, and salary at least equivalent to that salary he/she
was receiving immediately prior to lay-off plus all additional base salary
increments which he/she would have received had his/her years of service
at the University not been interrupted by lay-off. A bargaining unit member
rehired subsequent to the expiration of his/her recall rights will be rehired
at the rank and with the seniority in effect at the date of lay-off and
with the same tenure status. Such person's salary will be no less than
the salary he/she was receiving at the time of his/her lay-off.
A tenured bargaining
unit member who is laid off under the provisions of this Article shall
be permitted to enroll in a graduate program at Rider University, free
of any applicable tuition charge, provided that the bargaining unit member
qualifies for admission to such graduate program. This benefit to laid-off
bargaining unit members shall be available only while such persons are
on the three-year recall list and, if recalled sooner, such bargaining
unit member shall thereupon be subject to all restrictions otherwise imposed
on bargaining unit members actively employed by the University.
Subject to the provisions
of Article XXX, the University shall continue to provide tuition remission
assistance benefits at Rider University to certain members of the household,
as defined in Article XXX, Section B(12), of a laid-off tenured bargaining
unit member or laid-off non-tenured professional staff member who is not
on a terminal appointment and who has more than six (6) years of service
at the University. Such benefits shall continue in effect only for the
three-year period while such bargaining unit member has recall rights under
this Article.
K. Seniority List
By September 1 of each
academic year, the University shall supply to the AAUP a current seniority
list of full-time bargaining unit members.
L. Exclusions
Reductions in the size
of the bargaining unit resulting from attrition, such as retirement, resignation,
leaves of absence, or other forms of non-renewal of bargaining unit members
shall be excluded from the provisions of this Article.
M. Return from Transfer
A bargaining unit member
who has transferred from one department or division to another according
to the provisions of Article XXXIII shall, for a period of five (5) years,
accrue seniority in both the department or division to which the bargaining
unit member has transferred and the department or division from which he/she
has transferred. Such accrual of seniority in the department or division
from which the bargaining unit member has transferred shall be added to
the years of seniority he/she has already accrued in said department or
division. If the University invokes a lay-off during the aforesaid five-year
period in either the previous or new department or division, the transferred
bargaining unit member shall return to his/her previous department or division.
If, after a period of five (5) years, the bargaining unit member has not
returned to the previous department or division, he/she shall continue
to accrue additional seniority only in his/her new department or division.
The accrued seniority in the previous department or division shall remain
in effect with no additional accrual unless the bargaining unit member
later returns to that department or division. Such return to the previous
department or division may occur:
b. in order to avoid
lay-off, as follows. If lay-off is invoked after the expiration of the
aforesaid five-year period, a previously transferred bargaining unit member
holding more seniority than some other member(s) of the previous department
or division may choose to return to his/her previous department or division.
Seniority in such previous department or division shall be calculated from
the date of hire at the University to the date of transfer, plus five (5)
years of seniority accrued immediately following transfer.
PROFESSIONAL ATHLETIC STAFF
A. Governance
b. In addition, two
(2) members of the professional athletic staff shall serve as ad hoc
members of the University Academic Policy Committee as defined in Article
XII ("Academic Governance") when it is considering matters concerning the
athletic program. When such professional athletic staff members have occasion
to meet with the University Academic Policy Committee, the Director of
Athletics shall join the meetings.
The procedure specified
in Article VII ("Appointments") shall apply to the hiring of professional
athletic staff members, except that the President shall take the place
of the Provost in the appointment of members of the athletic staff.
C. Annual Reappointment
and Non-Reappointment of Athletic Staff
The procedures specified
in Article X ("Annual Reappointment and Non-Reappointment of Non-Tenured
Bargaining Unit Members") shall apply to the annual reappointment of all
full-time members of the professional athletic staff for the first six
(6) years of such full-time employment at Rider University, except that
the President shall take the place of the Provost in the reappointment
of members of the athletic staff. After a full-time professional athletic
staff member has completed six (6) years of full-time service at Rider
University, non-reappointment of such staff member, other than under the
procedures of Article IX ("Dismissal and Suspension"), shall occur as follows:
When, in the judgment
of the Director of Athletics, the performance of a full-time member of
the professional athletic staff has not continued at an acceptable level
with respect to his/her contributions to the entire program of the Athletic
Department and the University community, leadership in sportsmanship, ethical
standards, human development, and participation in clinics, seminars, workshops,
or institutes, the Athletic Director shall provide, in writing, to the
staff and the affected bargaining unit member his/her recommendation of
non-reappointment of such member of the professional athletic staff, with
a statement of his/her reasons for such conclusion. The staff will then
meet to consider the matter of non-reappointment and will provide an opportunity
for the affected staff member to meet and discuss the matter with the staff.
Within thirty (30) days of the receipt by the staff of the recommendation
of non-reappointment from the Director, the staff shall make a written
recommendation to the Director and send a copy to the affected staff member.
The Director shall have two (2) weeks to reconsider his/her original recommendation
of non-reappointment in light of the written recommendation from the staff
and any written statement submitted by the affected staff member. If the
Director decides to maintain his/her original recommendation of non-reappointment,
he/she shall send a written statement, together with a copy of the written
recommendation of the staff and any statement submitted by the affected
staff member, to the President, the Provost, the athletic staff, the affected
staff member, and the AAUP. The President shall then make a determination
as to whether or not the affected staff member shall be reappointed and
shall provide to all parties written substantive reasons for his/her decision.
Notice of non-reappointment, as required under this Article, shall be effective
upon transmittal of the determination of the President to the affected
staff member, if such determination is that the staff member shall not
be reappointed. The determination of the President shall be subject to
the Grievance and Arbitration provisions of this Agreement.
D. Notice of Non-Reappointment
The following periods
of notice shall be given by the University in the event of non-reappointment
hereunder.
Years of Service
For members of the
professional athletic staff with fewer than seven (7) years of service,
the standards of notification for reappointment specified in Article X
("Annual Reappointment and Non-Reappointment of Non-Tenured Bargaining
Unit Members") apply.
2. Members of the Athletic Staff With Seven (7) Years of Service
For members of the
professional athletic staff with seven (7) or more years of service, two
(2) years' notice shall be given.
Members of the professional
athletic staff shall be eligible for promotion from Athletic Staff I to
Athletic Staff II and from Athletic Staff II to Athletic Staff III in accordance
with the following requirements and procedures:
b. A master's degree
in an appropriate area is required unless there [are
exceptional circumstances.] is evidence of
exceptional professional accomplishments which would be of substantial
benefit to the university. A candidate lacking the master’s degree will
be awarded the promotion only when a majority of the athletic staff and
Promotion and Tenure Committee have found that there exists such evidence
of exceptional professional accomplishment and have recommended the promotion
to the Board of Trustees.
c. A candidate must
present documented evidence of effective coaching and/or athletic training
as evaluated by members of the department who have observed his/her coaching,
athletic training, or intramural supervision.
d. A candidate must
present documented evidence of continued professional growth through participation
in course work, athletic clinics, or other comparable experiences.
e. A candidate must
present documented evidence of high professional standards of leadership
and sportsmanship as evaluated by members of the department who have observed
his/her coaching, athletic training, or intramural supervision.
f. Consideration shall
also be given to the candidate's recruitment activities, sports public
relations, and participation in University and community affairs.
b. A master's degree
in an appropriate area is required unless there [are
exceptional circumstances.] is evidence of
exceptional professional accomplishments which would be of substantial
benefit to the university. A candidate lacking the master’s degree will
be awarded the promotion only when a majority of the athletic staff and
Promotion and Tenure Committee have found that there exists such evidence
of exceptional professional accomplishment and have recommended the promotion
to the Board of Trustees.
c. A candidate must
demonstrate evidence of appropriate continued professional growth in his/her
field of specialty including, but not limited to, participation in clinics,
seminars, and institutes, or appropriate accredited course work beyond
the master's degree.
d. A candidate must
present documented evidence of distinguished coaching and/or athletic training
as evaluated by members of the department who have observed his/her coaching,
athletic training, or intramural supervision.
e. A candidate must
present documented evidence of ongoing effectiveness in recruiting.
f. A candidate must
present documented evidence of continuing high professional standards of
leadership and sportsmanship as evaluated by members of the department
who have observed his/her coaching, athletic training, or intramural supervision.
g. A candidate must
present documented evidence of sustained contributions to sports public
relations, to the University community, and to the broader community.
h. The candidate must
have completed at least three (3) years' experience at Rider University
as a head coach for at least one (1) sport or as a head trainer by the
time the promotion takes effect.
The Promotion Committee
for the Professional Athletic Staff shall consist of the Provost, the Associate
Provost, the Director of Athletics, three (3) athletic staff members with
a minimum rank of Athletic Staff II selected by the athletic staff, and
the standing member of the bargaining unit selected to serve on the University
Promotion and Tenure Committee.
Candidates meeting
the requirements for Athletic Staff II may apply for promotion in their
third year or thereafter; candidates meeting the requirements for Athletic
Staff III may apply in their sixth year of service or thereafter. In the
event an application for promotion is denied, the candidate may not reapply
for promotion until the expiration of an additional year of service at
Rider University. In the event a second or subsequent application is denied,
a candidate may make further application only at the end of a three-year
period after such denial or if the candidate is nominated by the Director
of Athletics.
Except as described
above, the other applicable procedures for promotions described in Article
VIII above, including timetable and procedures for appeals, shall apply
to promoting athletic staff members. The Director of Athletics shall perform
the duties of the department chairperson under the promotion procedures
of Article VIII.
G. Salaries for
New and Additional Head Coaching Responsibilities
If there is no external
search to fill a vacant head coaching position and a current member of
the professional athletic staff is subsequently appointed who either had
no previous head coaching responsibilities or will have his/her responsibilities
extended to include an additional head coaching position, he/she shall
receive twice the annual increment for which the professional athletic
staff member would otherwise have been eligible. If an external search
is conducted to fill a vacant head coaching position and a current member
of the athletic staff is subsequently appointed, he/she may enter into
negotiations with the University to establish his/her new base salary.
In no circumstance shall that new base salary be less than his/her previous
base salary plus twice the annual increment for which he/she would otherwise
have been eligible. A full-time member of the professional athletic staff
with head coaching responsibilities for more than one individual sport
shall have an annual salary that is at least $2,000 above the annual minimum
for his/her rank. The designation of those sports constituting "individual
sports" shall be governed by past practice.
H. Driving Restrictions
Members of the professional
staff shall not be required to drive University vans or other vehicles
transporting University teams to locations more than 150 miles from the
University.
Professional athletic
staff members shall not be required to drive their personal vehicles to
away contests. In the event a University vehicle is not available for away
contests, the University shall be required to rent or otherwise provide
additional vehicles to transport student athletes and professional athletic
staff.
The University agrees
to indemnify and hold harmless all members of the professional staff who
are assigned by the University to drive University vans or other vehicles
transporting college teams from liabilities that may arise as a result
of their performing such assignments, other than for acts of gross negligence
or willful neglect.
I. Assistants
The University agrees
that the following athletic programs shall have, for at least the duration
of the season, at least one part-time assistant, who may be a graduate
assistant, a seasonal part-time athletic staff member, or an otherwise
unassigned full-time staff member. However, no otherwise unassigned full-time
staff member shall be assigned as an assistant if the season in which he/she
would be assisting and the season in which he/she has head coaching responsibilities
are, during any academic year, as follows: fall and winter, winter and
fall, winter and spring, or spring and winter.
Athletic Training | Women's Intramurals |
Men’s Intramurals | Women’s Varsity Basketball |
Men’s Varsity Basketball | Women’s Varsity Field Hockey |
Men’s Varsity Soccer | Women’s Varsity Softball |
Men’s Varsity Swimming | Women's Varsity Swimming |
Men’s Varsity Track | Women's Varsity Track |
Men's Varsity Wrestling | Women's Varsity Volleyball |
Men’s Varsity Baseball | Women’s Varsity Soccer |
Assignment of such
part-time assistants is subject to the continuation of the designated sport
at the University.
J. Length of Seasons
The official length
of each varsity sport season shall comply with NCAA policy and shall extend
from two (2) weeks prior to the start of practice through the second week
after the last contest. For purposes of Section I of this Article, the
season for both Men’s and Women’s Intramurals shall be deemed to be 36
weeks and the season for Athletic Training shall be deemed to be 39 weeks.
K. Secretarial Support
A full-time, 10-month
secretary shall be assigned to the Maurer Building to provide service to
the athletic programs housed there.
L. Athletic Facilities
The University recognizes
that the condition of the athletic facilities (playing fields, tracks,
locker rooms, coaches' offices, etc.) have a direct and immediate impact
upon the ability of the athletic staff to carry out its duties.
The University therefore,
shall make those reasonable efforts it deems appropriate, consistent with
the overall needs of the institution, to provide adequate athletic facilities,
and to maintain them in a good state of repair.
The University shall provide
each head coach with an annual budget for his/her sport prior to the beginning
of the fiscal year, and shall not reduce the monies allocated in that budget
during the fiscal year.
A. [Promotion]
Part-time members of the bargaining unit shall be eligible, after the completion of at least four (4) semesters, to apply for promotion from Adjunct Instructor to Adjunct Assistant Professor, at least six (6) semesters after appointment or promotion to Adjunct Assistant Professor for promotion to Adjunct Associate Professor, and at least six (6) semesters after appointment or promotion to Adjunct Associate Professor for promotion to Adjunct Professor. All of the above requirements refer to teaching at the University during the Fall and Spring semesters.
Candidates
shall apply for promotion by contacting the appropriate department, program,
or division and making arrangements for evaluations by the department chairperson
or director and the members of the department, program, or division. Such
evaluations shall be forwarded to the appropriate college Promotion and
Tenure Committee and the application shall be processed by such with all
of the procedures provided for in Article VIII. For processing of applications
for promotion of adjunct faculty members who are not assigned to a college,
three (3) faculty bargaining unit members selected by the members of the
program, as defined by the UAPC, the director, the Provost, the Associate
Provost, and the Chairperson of the Promotion and Tenure Committee shall
serve as a Promotion Committee. Standards for promotion shall be as follows:
Candidates
must show evidence of effective teaching or, for library faculty, effective
support of the teaching-learning process, as required under Article VIII
for full-time members of the bargaining unit.
2. Scholarly and/or Appropriate Professional Activity
For
promotion from Adjunct Instructor to Adjunct Assistant Professor, candidates
must show evidence of scholarly and/or appropriate professional activity.
For promotion to a higher rank, evidence of some scholarly activity of
the nature described in Article VIII for full-time members of the bargaining
unit is required.
3. Contributions to Department, College, or University
Candidates
must show evidence of contributions to the department, colleges, or University.
C. Hiring of Part-Time Teaching
Faculty
Certain part-time members of
the bargaining unit shall be granted priority in appointment for bargaining
unit work for which they are qualified ("Priority Appointment Status").
Such part-time members of the teaching faculty are as follows:
1.[b][Part-time]
Adjunct
members of the bargaining unit appointed to teaching
departments
or
programson the Lawrenceville campus
who, as of September 1, 1994, have taught an average
of twelve (12) hours per year during the Fall and/or Spring semester of
the previous three (3) years and who have previously
been granted Priority Appointment Status according
to the procedures of Section E shall continue to maintain such
status if they continue to teach an average of twelve (12) hours per year
during the Fall and/or Spring semester in the most recent three-year period.
2.[c][Part-time]
Adjunct
members of the bargaining unit appointed to departments
on the Lawrenceville campus who, [subsequent
to September 1, 1994,] attain an average of twelve (12) hours
of teaching per year during the Fall and/or Spring semester for the previous
three (3) years and who apply for and are approved for Priority Appointment
Status according to the procedures of Section E shall be granted Priority
Appointment Status and shall continue to maintain such status if they continue
to teach an average of twelve (12) hours per year during the Fall and/or
Spring semester in the most recent three-year period.
d.
Part-time members of the bargaining unit appointed to departments on the
Westminster campus who, as of September 1, 1994, have taught an average
of twelve (12) classroom hours (or the equivalent applied hours) per year
during the Fall and/or Spring semester of the previous three (3) years
shall be granted Priority Appointment Status and shall continue to maintain
such status if they continue to teach an average of twelve (12) classroom
hours (or the equivalent applied hours) per year during the Fall and/or
Spring semester in the most recent three-year period.
e.
Part-time members of the bargaining unit appointed to departments on the
Westminster campus who, subsequent to September 1, 1994, attain an average
of fourteen (14) classroom hours (or the equivalent applied hours) per
year during the Fall and/or Spring semester for the previous three (3)
years and who apply for and are approved for Priority Appointment Status
according to the procedures of Section E shall be accorded Priority Appointment
Status and shall continue to maintain such status if they continue to teach
an average of fourteen (14) classroom hours (or the equivalent applied
hours) per year during the Fall and/or Spring semester in the most recent
three-year period.
2. Maximum Teaching Load
Part-time members of the bargaining
unit appointed to departments on the Lawrenceville campus who held Priority
Appointment Status as of September 1, 1994, who taught three (3) courses
in any single semester prior to September 1, 1994, and who continue to
hold Priority Appointment Status shall continue to be eligible to teach
up to three (3) courses in a single semester but shall not be eligible
to claim full-time status because of such teaching load. All other part-time
members of the bargaining unit appointed to departments on the Lawrenceville
campus shall teach no more than two (2) courses in a single semester. Part-time
members of the bargaining unit appointed to departments on the Westminster
campus shall be eligible to teach up to three (3) courses in a single semester
or the equivalent in applied hours.
3. Seniority
If there are insufficient available
courses or sections of courses to provide qualified Priority Appointment
Status appointees with as many courses/sections as they have requested
and if there is more than one Priority Appointment Status appointee requesting
available courses, the courses shall be awarded on the basis of seniority.
Seniority for purposes of this Article, shall be computed on the basis
of the number of semesters of service, excluding summer sessions. The system
of seniority to be applied shall be agreed to by the AAUP and the University.
4. Advance Notice of Workload
The University shall provide
[part-time] adjunctfaculty
with as much advance notice as practicable of their next term's workload
assignments so as to allow them reasonable time to prepare course materials
and to order books and supplies at the same time as the full-time
faculty. The University may grant annual contracts to [part-time] adjunctmembers
of the faculty who have held Priority Appointment Status for a minimum
of three (3) years. Such annual contracts are contingent upon sufficient
enrollment for the assigned courses. If a course assigned to a faculty
member holding Priority Appointment Status is canceled because of insufficient
enrollment, unstaffed courses or courses previously assigned to part-time
members of the faculty without Priority Appointment Status shall be reassigned
to the faculty member whose course was canceled. Courses assigned to a
faculty member holding Priority Appointment Status may be reassigned to
a full-time member of the faculty whose course assignment, through cancellation
of a course or courses, fails to meet the required minimum load. However,
unstaffed sections, overload sections, and sections previously assigned
to a part-time member of the faculty without Priority Appointment Status
will be reassigned to such full-time member of the faculty before a section
or sections are reassigned from a part-time member of the faculty holding
Priority Appointment Status. Sections assigned to a member of the faculty
holding Priority Appointment Status shall not be reassigned to a full-time
member of the faculty to accommodate a request from the full-time member
of the faculty for an overload assignment, if such request was not made
by the deadline set by the department chair during the workload planning
process.
D. Hiring of Part-Time Library
Faculty
Certain part-time librarians shall
be granted priority in appointment for bargaining unit work for which they
are qualified ("Priority Appointment Status"). Such part-time members of
the library faculty are as follows:
3.[1][Part-time]Adjunct
members of the bargaining unit who, as of September
1, 1994, have been employed as library faculty and
who have previously been [on at least
a half-time basis during the previous three years shall
be] granted Priority Appointment Status [and]
shall continue to maintain such status if they continue to work, on average,
on at least a half-time basis in the most recent three-year period.
4.[2][Part-time
Adjunct
members of the bargaining unit who, [subsequent
to September 1, 1994,] are employed as library faculty on at
least a half-time basis during the previous three (3) years and who apply
for and are approved for Priority Appointment Status according to the procedures
of Section E shall be accorded Priority Appointment Status. They shall
continue to maintain such status if they continue to work, on average,
on at least a half-time basis in the most recent three-year period.
D. Notice of Workload
1. Procedures for Applying for the Extension of Priority
Appointment Status to a New Department
If a part-time member of the bargaining unit holding Priority Appointment Status wishes to teach in a department in which he/she does not hold such status, he/she shall make a written application to the new department, declaring that he/she holds Priority Appointment Status and specifying which course or
courses he/she requests to teach in the department. The full-time members of the department shall evaluate the applicant’s credentials for the specified course(s) and, if a majority of such full-time members deem the applicant academically qualified, the department shall assign him/her up to two (2) available sections of a requested course on a trial basis. Applicants who are deemed unqualified shall not be offered courses in the department. After an applicant who has been deemed qualified has taught two (2) sections in the department, the full-time member of the department shall provide the applicant with a written evaluation or evaluations of his/her teaching with their reasons for approving or denying the extension of Priority Appointment Status to the department. To receive departmental approval for the extension of Priority Appointment Status, the applicant must receive the approval of a majority of full-time department members. If the department is in a college other than the college in which the applicant originally held Priority Appointment Status, the department shall forward any approval of extension of Priority Appointment Status to the dean, who will render a decision in the manner provided for the dean in Section E. Applicants who are denied extension of Priority Appointment Status by the department or, when relevant, by the dean shall not be offered further courses in the department.
2. Procedures for Applying for Extension of Priority Appointment Status to a New Discipline in a Multi-Disciplined Department
If a part-time member
of the bargaining unit holding Priority Appointment Status wishes to teach
in a discipline within a multi-disciplined department other than a discipline
in which he/she holds Priority Appointment Status, he/she must apply for
extension of Priority Appointment Status to the second discipline, following
the procedures in Section 1.
G.[A.] Promotion of Adjunct Faculty Members
Adjunct [Part-time] members of the bargaining unit shall be eligible, after the completion of at least four (4) semesters, to apply for promotion from Adjunct Instructor to Adjunct Assistant Professor, at least six (6) semesters after appointment or promotion to Adjunct Assistant Professor for promotion to Adjunct Associate Professor, and at least six (6) semesters after appointment or promotion to Adjunct Associate Professor for promotion to Adjunct Professor. All of the above requirements refer to teaching at the University during the Fall and Spring semesters.
Candidates
shall apply for promotion by contacting the appropriate department, program,
or division and making arrangements for evaluations by the department chairperson
or director and the members of the department, program, or division. Such
evaluations shall be forwarded to the appropriate college/school
Promotion and Tenure Committee and the application shall be processed by
such with all of the procedures provided for in Article VIII. For processing
of applications for promotion of adjunct faculty members who are not assigned
to a college, three (3) faculty bargaining unit members selected by the
members of the program, as defined by the UAPC, the director, the Provost,
the Associate Provost, and the Chairperson of the Promotion and Tenure
Committee shall serve as a Promotion Committee. Standards for promotion
shall be as follows:
Candidates must show evidence
of effective teaching or, for library faculty, effective support of the
teaching-learning process, as required under Article VIII for full-time
members of the bargaining unit.
2. Scholarly and/or Appropriate Professional Activity
For promotion from Adjunct Instructor
to Adjunct Assistant Professor, candidates must show evidence of scholarly
and/or appropriate professional activity. For promotion to a higher rank,
evidence of some scholarly activity of the nature described in Article
VIII for full-time members of the bargaining unit is required.
3. Contributions to Department, College, or University
Candidates must show evidence
of contributions to the department, colleges, or University.
H.[B.]Faculty
Rank and Tenure
Appointment of part-time faculty on a continuing basis under this Article does not entitle such part-time faculty members to full-time tenure-track appointments. Nor shall possession of an adjunct faculty rank entitle an individual to the corresponding rank if such individual becomes a full-time member of the faculty. Instead, such individual shall be required to undergo the appointment procedure under Article VII and may be assigned such rank as may be appropriate.
G. Salary Limits
In the event that a
full-time member of the bargaining unit leaves the ranks of full-time faculty,
and is subsequently hired as an adjunct, his/her salary will be no greater
than that which he/she would have earned if he/she had remained on the
full-time faculty, reduced by the proportion of the full-time load he/she
is teaching.
EVALUATION
A. Evaluation Procedures for Reappointment, Promotion, Tenure, Retention
All evaluations relating
to reappointment of non-tenured faculty, librarians, and professional athletic
staff, promotion, tenure, and retention shall be conducted in accordance
with the Articles on Reappointment, Promotion and Tenure, Professional
Athletic Staff, and Lay-Off contained in this Agreement.
B. Department/
Program Assignments for [to]
Adjuncts
Each adjunct bargaining unit member
will be assigned to a department or program for purposes of [annual]
evaluation.
C. Course Evaluations
Each semester, it shall
be the professional responsibility of each member of the faculty, for his/her
professional development, to solicit the students' evaluations of each
course section taught by such faculty member. Prior to the final week of
classes each semester, the University shall provide each faculty member
with a sealable envelope and the faculty member shall provide the applicable
dean a copy of the form to be used for that semester's evaluations. Completed
course evaluations collected from students shall be placed in the sealable
envelopes. The faculty member shall sign his/her name across the seal,
seal the envelope, and deliver it or have it delivered to the office of
the dean of the college offering the course. After the faculty member submits
his/her grades for the semester, the dean shall return the sealed envelope,
unopened, to the faculty member. Upon written request from the dean or
associate dean, faculty members shall forward copies of all completed course
evaluations from each requested course section. Such request must occur
within a period of four (4) months from the end of each course section
and a copy of each such request shall be forwarded to the AAUP. Normally
deans and associate deans will be selective in requesting copies of completed
course evaluations; however, circumstances may, from time to time, make
it appropriate to request all faculty within a college to submit such evaluations.
For the professional development of the faculty member, the dean or associate
dean may schedule a meeting with the faculty member to review the course
evaluations. The University may not use course evaluations for purposes
of discipline, promotion, or tenure, unless introduced for such purposes
by the faculty member.
PAST PRACTICES
This Article is intended
to deal with matters not specifically referred to in other provisions of
this Agreement. Except as modified by this Agreement, substantive past
practices and policies in effect at the date of the execution of this Agreement,
which affect terms and conditions of employment, shall be continued in
effect. At Westminster Choir College, such past practices and policies
refer to those past practices and policies in effect as of the date of
the merger between Westminster Choir College and Rider University and those
created thereafter. For the purpose of this Article, substantive practices
shall be defined according to factors such as the impact on the number
of bargaining unit members affected and/or the inherent quality of such
policies or practices. If the continuation of any such practices or policies
shall entail substantially increased expenditures, then the parties will
attempt to resolve any disagreement concerning the continuation of such
practices or policies, pursuant to the grievance procedures specified in
this Agreement. In the event that such resolution cannot be arrived at
through the grievance procedures, then the matter shall be determined by
arbitration, as provided by this Agreement. In reaching a determination
of such an issue, the arbitrator shall balance the amount of substantially
increased expenditures with the impact upon the unit member or members.
In the event such arbitrator shall determine that the benefit of continuation
of such past practice and policy shall outweigh such increased expenditure,
he/she shall direct its continuation. In the event that he/she shall determine
that such benefit does not justify the increased expenditure, he/she shall
direct that such past practice or policy need not be continued in effect;
or he/she may direct an alternative solution to the issue. In addition,
a contention by the AAUP that a substantive past practice or policy affecting
terms and conditions of employment has not been continued in effect in
violation of this Article may be processed under the grievance procedures
including arbitration specified in this Agreement, even if continuation
of such past practice or policy does not involve substantial expenditures
of monies by the University.
MANAGEMENT RIGHTS
The authority and right
of the Board of Trustees to govern the affairs of the University, except
as modified or limited in this Agreement, is recognized by the AAUP. All
management rights and functions, except those which are changed or modified
by this Agreement, shall remain vested in the Board of Trustees and its
designees. The power and duties of the Board of Trustees under the laws
of this State and the Charter granted to this University shall not be impaired
or limited, except as may be set forth in the provisions of this Agreement.
AGENCY RIGHTS
A. Association Security
The parties recognize
that this is an agency shop agreement and in accordance with such it is
understood that each bargaining unit member who is not a member of the
AAUP shall, nevertheless, thirty (30) days following commencement of employment
or the execution date of this Agreement, whichever is later, be required
to contribute to AAUP as representation costs, an amount equivalent to
such dues as are from time to time authorized, levied, and collected from
the general membership of AAUP. Bargaining unit members who are not members
of AAUP and who, annually in the case of full-time members of the bargaining
unit and upon each appointment for part-time faculty, file an affidavit
with the University, together with a copy thereof with the AAUP, to the
effect that such individuals conscientiously object to participation in
and support of collective bargaining activities on their behalf shall be
required to make a contribution to the Rider University Memorial Scholarship
Fund in an amount equivalent to the representation costs for which they
would otherwise have been responsible. Such individuals shall forward to
the AAUP a check payable to the Rider University Memorial Scholarship Fund
and the AAUP shall promptly transmit the check to such Fund. Upon payment
of such contribution, a bargaining unit member shall have no further obligation
under the provisions of this Article for the balance of such academic year
or, in the case of a part-time bargaining unit member, for the balance
of such semester or season.
B. Enforcement
The parties recognize
that the failure of any member of the bargaining unit to pay his/her dues
or representation costs to AAUP or his/her in lieu contribution to the
Scholarship Fund as aforesaid shall be deemed just and reasonable cause
for the termination of such individual's employment and for the non-reappointment
of such individual in a bargaining unit position at Rider University. The
procedure to be followed in the event of a violation of the requirements
of this Article shall be as follows:
The AAUP shall notify
the member of the bargaining unit of non-compliance with the terms of this
Article by certified mail, return receipt requested, or by personal service.
Said notice shall state the fact of non-compliance, shall quote the language
and terms of this Article, and shall advise such individual that a 30-day
period shall be afforded for compliance. In addition, such notice shall
indicate that failure to effect compliance within such 30-day period may
result in a request being filed with the University by AAUP for the termination
of such individual's employment and/or the non-reappointment of such individual
in a bargaining unit position at Rider University.
2. Termination for Non-Compliance
In the event that such
member of the bargaining unit, after receipt of the aforesaid notice and
the expiration of such 30-day period, shall fail to comply with the requirements
of this Article, the AAUP shall notify the University of such failure,
in writing. The University shall then send a letter to such non-complying
member of the bargaining unit, terminating his/her employment and advising
him/her that he/she will not be appointed or reappointed to a bargaining
unit position at Rider University. Such termination shall observe the standards
of notification for other terminations referred to elsewhere in this Agreement.
The AAUP agrees to indemnify and hold harmless the University against any
and all expense, liability, damage, or loss, including attorney's fees,
resulting from a termination under this Article, which termination is found
to be wrongful by reason of any action or failure to act by the AAUP.
The University will
deduct from the salary of all members of the bargaining unit AAUP dues
or representation costs, as aforesaid, required to be paid by such members
of the bargaining unit upon the condition that AAUP furnish the University
in due and proper form in conformity with the provisions of the Taft-Hartley
Act and amendments thereto, authorization cards, in writing, duly executed
by the members of the bargaining unit permitting such deductions. Such
deductions shall be made from the salary check due each such member of
the bargaining unit each month when dues or representation costs are due,
and the University shall remit same to the AAUP no later than fifteen (15)
days after the date of such deduction.
GRIEVANCE AND ARBITRATION PROCEDURE
A. Purpose
The purpose of the
Article is to provide a prompt and efficient procedure for the investigation
and resolution of grievances as defined herein.
B. Definition
A grievance may be
an allegation by either the AAUP or the University that there has been
a breach, misinterpretation, or improper application of the terms of this
Agreement. Except as set forth in Section E, the grievance procedure provided
for herein shall not include any complaints relating to appointments, reappointment
(except as specifically set forth in Article XV), annual evaluations, academic
governance (except as specifically set forth in Article XII), promotion
and tenure, provided, however, that either party to this Agreement may
file a complaint in the areas mentioned previously, solely on the basis
that due process under the procedures set forth elsewhere herein with regard
to appointment, reappointment, annual evaluations, academic governance,
promotion and tenure, has not been followed. Such procedural complaint
shall not be filed until the grievant has exhausted such appeals procedures
as are provided for herein. In such cases, the arbitrator's jurisdiction
shall be limited to a determination, including appropriate remedies, as
to whether the procedures called for herein have been adhered to so that
due process as required under this Agreement shall not be violated. In
the case of academic governance, questions as to whether a matter is within
the scope of jurisdiction of an Academic Policy Committee are arbitrable
hereunder.
C. Grievance Procedure
Where special procedures
relating to arbitration have been provided for elsewhere in this Agreement,
they shall apply. Otherwise, the following procedure shall apply. Grievances
may be filed by the AAUP on behalf of any member or group of members of
the bargaining unit, or by the University. A written grievance by the AAUP
must be filed in duplicate with the dean or the associate dean of the respective
college, the Provost or the Associate Provost, or, in the case of the Library
and Athletic Department, with the Dean of the
Libraries the[ Director of Library
Services] or the Director of Athletics, or in the case of a
grievance by the University, with the President of the AAUP or other officers
of the AAUP, within thirty (30) calendar days after the event or state
of facts giving rise to the grievance becomes known to the grieving party.
However, in all cases the initiation of a grievance must be filed within
ninety (90) calendar days after the occurrence of the facts upon which
it is based.
The grievance must
be stated, in writing, setting forth the basis therefor and the relief
requested. A meeting regarding the grievance will be held within fourteen
(14) calendar days from the date of filing of the grievance, between the
bargaining unit member or members involved and a representative of the
AAUP, and a representative designated by the University from the affected
college, library, or athletic staff. A decision shall be rendered in seven
(7) days and the AAUP shall have seven (7) days thereafter to appeal to
Step 2.
2. Step Two
If the response to
Step 1 does not resolve the grievance, it may be appealed at the second
step to the Provost, or his/her designee, by either side within seven (7)
calendar days after the Step 1 decision has been rendered, and the Step
2 meeting shall be held within seven (7) calendar days after written notice
of appeal from Step 1 has been delivered. The meeting at the second step
of the grievance procedure shall include the Provost of the University,
the dean or his/her designee, and such other representatives for the University
as the Provost may designate, and representatives of the AAUP. It may include
the bargaining unit member(s) involved. A decision shall be rendered within
fourteen (14) calendar days after the Step 2 meeting.
3. Step Three
If the grievance is
not resolved at Step 2, then within thirty (30) calendar days after the
determination reached at Step 2, either party may request arbitration.
The parties shall bear equally the costs of such arbitration; however,
each party shall bear its own costs for counsel fees, witness fees, and
transcripts, if any. There shall be no outside arbitration with regard
to issues arising in connection with appointment, reappointment, annual
evaluation, academic governance, promotion and tenure, except as provided
in Section B alleging violation of the procedural requirements assuring
due process as set forth under the appropriate sections of this Agreement
or as provided in Section D or as provided in Articles XII and XV.
The decision of the
arbitrator shall be final and binding on the parties. However, the arbitrator
may not alter, modify, add to, or change the terms of this Agreement.
Arbitration hearings
may be held on the Rider University campus or another mutually agreed-upon
site and shall be administered under the Labor
Arbitration Rules of the American Arbitration Association.
Arbitrators shall be
chosen from the following list, which has been agreed upon by the parties.
Bonnie Siber Weinstock
Grievances processed
to arbitration shall be assigned to the listed arbitrators sequentially
for each successive arbitration during this Agreement. However, in the
event the arbitrator who is next in line to hear a case cannot provide
a hearing date within sixty (60) days of the request, the next named individual
shall be contracted for a hearing date, unless this time limitation is
waived by the parties. In the event that both parties agree that a grievance
is of such a nature that time is of the essence, the arbitrator from the
list who can provide the earliest hearing date shall be selected.
The calendar day limitations
in Steps 1 through 3 shall be suspended during scheduled University vacations
and holidays and during the summer session or upon mutual agreement by
both parties. The time limitations during these periods shall be agreed
upon in writing by the Chief Grievance Officer of the AAUP or his/her designee
and the Provost or his/her designee within ten (10) days of the filing
of the grievance by the AAUP or the University.
D. Expedited Arbitration
In the event either
party to this Agreement alleges a violation of Article XXII ("No Strike;
No Lockout") or alleges immediate irreparable injury to its interests,
the aggrieved party may waive Steps 1 and 2 and proceed immediately to
expedited arbitration. The parties shall cooperate in scheduling a hearing
date for such expedited arbitration as soon as may be practicable. Under
such circumstances, the arbitrator shall have the same powers and constraints
as otherwise specified in the Agreement, but shall issue an oral decision
before the written award.
In the event a matter
is submitted for expedited arbitration, the parties agree not to implement
the intended action or to cease and desist any ongoing action that is under
challenge for forty-five (45) days. Notwithstanding the foregoing, the
University may proceed immediately to implement actions concerning dismissal
or suspension of a bargaining unit member if the University has compelling
concerns about his/her ability to maintain minimal order in the classroom
or there is reason to believe that the bargaining unit member poses a substantial
danger to the University or the community. In such cases, the AAUP shall
be notified as soon as the University initiates dismissal or suspension
procedures so as to meet and discuss the matter.
E. Application of
Grievance Procedure
It is understood and
agreed that AAUP may utilize the full grievance procedure provided for
herein with respect to action by the Board of Trustees which the AAUP claims
is violative of the requirement that the Board of Trustees not, without
written substantive basis, substitute its judgment on the professional
expertise of the candidate for properly documented judgments submitted
to the Board of Trustees in connection with Promotion and Tenure pursuant
to Article VIII. However, no such grievance may be filed on the basis that
any recommending body has substituted its judgment on the professional
expertise of the candidate on the grounds of inadequate departmental documentation
for the judgment of another body. No such grievance may be filed in the
event of denial of promotion and/or tenure unless the bargaining unit member
in question has completed an appeal to the Trustees Appeals Committee.
In the event of such
a grievance, the arbitrator's authority shall, in all events, be limited
with respect to a remedy, to remanding the matter to the Board of Trustees
for redetermination. In no event may an arbitrator direct the granting
of tenure or the awarding of a promotion.
NO STRIKE; NO LOCKOUT
The AAUP, its officers,
agents, affiliates, members, and employees agree that so long as this Agreement
is in effect, there shall be no strikes, slowdowns, stoppages of work,
concerted efforts not to meet classes, boycotts, or any other concerted
acts that interfere with the normal operations of the University. During
the term of this Agreement, there shall be no lockout of the members of
the AAUP by the University. Any violation of the foregoing may be made
the subject of a disciplinary action, including discharge or suspension,
and this provision shall not be by way of limitation to any other remedy
under law for such violation.
Nothing contained in
this Article shall compel any bargaining unit member to cross a picket
line established at the University by any other union. Bargaining unit
members honoring such a picket line shall not be paid for any days on which
they miss scheduled work assignments as a result of honoring such picket
line. The AAUP shall not be liable to the University by reason of any bargaining
unit member's refusing to cross such a picket line.
GENERAL WORK CONDITIONS
A. Keys
Upon written request,
the University shall provide each of the faculty bargaining unit members
or members of the professional athletic staff with a key to the building
in which such person's office is housed. Said key must be returned upon
termination of employment with the University.
B. Offices
The University shall
provide each full-time bargaining unit member with suitably equipped private
office
space and the necessary supplies for such person's work
[and
acknowledges the desirability of providing individual suitably equipped
offices for all members of the bargaining unit.] The University
shall provide each full-time faculty member working
in Talbott Library professional librarian
a private office by August 31, 2000
[1995].
Such offices shall be constructed according to the plans mandated by Article
XXIII, Section B of the 1991-1994 Agreement between the University and
the AAUP. Such offices shall be secure, subject to applicable engineering
or regulatory requirements. [Plans for the renovation
of Erdman Hall at Westminster Choir College shall include private offices/studios
for Piano and Voice faculty.] Private office/studios for [other]
Westminster faculty shall have priority for available space on the third
floor of Erdman Hall at such time as such renovation
of Erdman Hall shall be implemented.
The University recognizes
the desirability of having offices for bargaining unit members that provide
at least 110 square feet of usable office space and, where practicable,
will achieve such a standard for any newly constructed offices.
Offices shall be equipped
with a desk, chair, and such file cabinets, bookcases, and shelving as
may be needed and as space permits. Requests for such additional file cabinets,
bookcases, and shelving shall normally be made by the bargaining unit member
through the annual department budget requests, which requests shall be
funded. The parties both recognize the desirability of providing each full-time
faculty member or full-time member of the professional athletic staff with
a private office near his/her professional colleagues. The University shall
furnish a list of all office assignments to the AAUP. The carrels in the
Library shall be reserved exclusively for the use of the faculty. The University
[is]committed
to providing shall provide tuned
pianos and appropriate sound system equipment for those Westminster
faculty
who have professional need for such equipment.
C. Parking
The University shall, during the term of this Agreement, maintain, without charge, parking areas for members of the bargaining unit, near or adjacent to the buildings in which bargaining unit members have their offices. The University shall provide at least as many parking spaces near or adjacent to these buildings as there are bargaining unit members with offices in those buildings. All faculty will be provided the means of access to faculty/staff parking lots on both campuses.
During all times that
classes are being taught, priority shall be given by Security to ticketing
cars parked in the faculty parking lots, especially during the first three
(3) weeks of classes in the Spring and Fall. Faculty lots shall be checked
regularly thereafter and cars ticketed. Building Faculty complaints regarding
illegally parked vehicles shall be handled promptly.
D. Faculty Lounges
The University shall
provide one (1) faculty lounge in each of thefollowing
building[s] building in which bargaining unit
members have offices. College of Business
Administration, Fine Arts, Memorial Hall, Science Hall, and Moore Library.
The parties agree that the present lounge facilities,
where they exist, in each of such buildings constitute compliance
with the requirement for faculty lounges. The University shall provide
for lounges in any future buildings in which bargaining unit members regularly
perform their professional duties.
A faculty lounge
shall be included in the plans for the renovation of Erdman Hall, Westminster
Choir College.
E. Dining Facilities
The University shall
make reasonable efforts to maintain a faculty dining room on the Lawrenceville
campus as a dining facility for use by members of the bargaining unit and
other employees of the University during the periods of University activity.
The hours of the faculty dining room will be such that faculty teaching
classes around the lunch and dinner periods will have at least one (1)
hour to use the room.
F. Secretarial Aid
The
University shall continue to provide secretarial services for the bargaining
unit members of each department on the Lawrenceville campus. At Westminster,
the University shall provide, by September 1, 1995, a central office secretary
dedicated to departmental use. The University
shall continue to provide secretarial services for the bargaining unit
members of each department at least equal to that which it provided during
the 1998-99 academic year. Under no circumstances shall there be fewer
than one full-time secretarial support person for each twenty bargaining
unit members in a college or school.
G. University Equipment
and Service
The University acknowledges
the desirability of supplying faculty shall
provide each full-time bargaining unit member[s]
with a modern computer workstation[s]
connected to the campus network that meets the
minimum computer standard established by the Information Technology Advisory
Committee. The University shallreplace
[and
replacing]obsolete academic and library computing facilities
and upgrade[ing]
them on an ongoing basis. A bargaining unit member designated by the AAUP
Executive Committee shall be included on all committees established by
the University to discuss information technology.
2. Duplicating and Postal Services
Each member of the
bargaining unit shall have adequate access to duplication equipment and
postal service. On the Lawrenceville campus, in addition to the Duplicating
Center, the University shall continue to provide and maintain satellite
photocopying facilities with at least their current level of equipment
in each building in which bargaining unit members have offices. At Westminster,
the University will continue to maintain at least two photocopy machines
(at least at their current level of equipment) in Williamson Hall. The
University will also provide include
duplicating equipment in each
building in which bargaining unit members have offices.
the plans for the renovation and equipping of Erdman Hall, Westminster
Choir College, and will discuss selection of such duplicating
equipment with the AAUP.
3. Cleaning
Offices, classrooms,
laboratories, rest rooms, and hallways shall be kept in a clean and orderly
condition. The regular cleaning schedule arranged by the University shall
be adhered to. The University shall continue to provide, within each building
where bargaining unit members regularly carry out their duties, an employee
whose primary responsibility shall be to maintain such facilities in a
clean and orderly state.
4. Telephones
Each faculty
bargaining
unit member’s office shall continueto
be equipped with a telephone with its own extension number
voice mail and connected to the University phone network.
On
the Lawrenceville campus, such telephone extension shall be connected to
the secretary's office of that department. At
Westminster, the telephone switchboard will be staffed from at least 7:30
am to 10:00 PM during the normal workweek.
5. Classroom Facilities
The University shall
provide safe classrooms and/or laboratories for each section of a course
assigned to a bargaining unit member and shall continue its past practice
of appropriately equipping such classrooms and/or laboratories. The maximum
occupancy rates for all such classrooms and/or laboratories shall be clearly
posted.
6. Audio-Visual Support
Upon forty-eight (48)
hours' advance notice to the Audio-Visual Center, a bargaining unit member
shall have in a classroom a record player, an overhead projector, a
computer projection system, a tape recorder, a slide or film
projector and screen, and/or a video cassette recorder and television monitor,
to the extent such equipment is available. The University shall use its
best efforts to provide such equipment on less than forty-eight (48) hours'
notice. The University shall continue to provide two (2) VCR-monitor units
for the second floor and two (2) VCR-monitor units for the third floor
of Memorial Hall.
7. Princeton University Library Access
The University shall
provide for the use of bargaining unit members five (5) Princeton University
Library Corporate Access Cards for the Lawrenceville campus and two (2)
Princeton University Library Corporate Access Cards for the Westminster
campus.
8. Mileage Rates
University vehicles,
when available, may be used by members of the bargaining unit in fulfillment
of their professional responsibilities, provided that requests for reservations
for the use of such vehicles are made in advance and approved by the University.
Except as set out hereafter, for any use of a private vehicle by a bargaining
unit member, which use is approved by the University, such member shall
be reimbursed at the then-prevailing Internal Revenue Service approved
rate.
9. Photocopies of Journal Articles
Library personnel will
photocopy and provide one copy of journal articles from hard copy or microform
for faculty within forty-eight (48) hours of receiving a journal reference
or citation. Requests for copies of articles from journals not subscribed
to by the Rider University Libraries will be transmitted within forty-eight
(48) hours of their receipt.
A joint Facilities
Monitoring Committee will be comprised of two (2) members of the AAUP Executive
Committee, the Associate Vice President for Institutional Services, the
Provost, the Director of Facilities, and the Associate Provost. The Committee
shall monitor the general condition of campus buildings, facilities, and
services; determine long-range space needs for academic programs; and develop
a plan for future allocation and use of space for academic purposes. Problem
areas will be discussed, and the University will promptly correct any conditions
that endanger the health and safety of bargaining unit members. The Committee
will meet regularly (no less frequently than twice each semester and once
during the summer). Among other subjects, the Committee will make recommendations
with respect to building temperatures, parking regulations and restrictions,
campus lighting, cleaning of campus buildings, availability of supplies,
and campus conditions which affect the comfort and physical well-being
of members of the bargaining unit.
2. Environmental Audit of Moore Talbott Library
The University shall
retain a reputable firm to complete an environmental audit of the Talbott
Moore
Library by August 31, 2000. by
the end of this Agreement. Such audit shall include recommendations
for remediation of any problems with:
b. the storage or use of harmful, hazardous, or toxic materials,
c. the quality of the air,
d. the quality of the drinking water,
e. the condition of
the heating and cooling units.
3. Temperature Range
Classrooms, offices,
and laboratory temperatures shall normally be maintained within the range
of 68oF to 75oF . Complaints in regard to this matter shall be transmitted
to the Office of the Associate Vice President for Institutional Services
and will be answered promptly.
4. Noise
The University shall
continue to prevent, with rare exceptions, routine environmental maintenance
activities, such as lawn mowing, and
bush trimming, leaf blowing, and vacuuming from
occurring within the vicinity of classroom buildings during regularly scheduled
class periods. Efforts will be made to limit trash collection during these
times as well. Complaints in regard to noise shall be transmitted to the
Office of the Associate Vice President for Institutional Services.
The University Store
on the Lawrenceville campus and members of the bargaining unit teaching
on the Lawrenceville campus will continue to adhere to the policy for ordering
books agreed upon between the University and the AAUP. A copy of this policy
will be provided to all faculty in each semester in which they are scheduled
to teach. The respective deans will consult with the appropriate University
Store, from time to time, to assist in determining appropriate initial
and follow-up book orders for courses, and will monitor the book-ordering
process on an ongoing basis, advising of changes of which the dean becomes
aware. The University and the AAUP acknowledge their mutual commitment
to making available to teaching faculty, on a timely basis, an adequate
supply of books needed for instructional purposes. The
University shall require any outside management company to conform in its
management of the University Store to all relevant sections of the present
or any future agreements between the University and the Rider University
Chapter of the American Association of University Professors. The University
also agrees to require such management company to abide by any relevant
award of an arbitrator. In fulfillment of this obligation the University
will use all of its rights and authority under its contract with such management
company, up to and including termination of that contract. The
University agrees not to alter the management of either University Store
without prior discussion with the AAUP.
J. Disabled Students
Faculty members who
are assigned students whose physical or learning disability requires special
adjustments in the methods of instruction will be advised by the University
of the enrollment of any such students in courses being taught by any such
faculty members as soon as may be practicable after the University learns
of the enrollment of any such students.
K. Faculty Benefit
Information
The University shall
distribute to each member of the bargaining unit and to each candidate
for a bargaining unit position interviewed on campus a copy of this Agreement
and shall distribute a summary of employee benefits available to full-time
bargaining unit members, which summary shall be prepared by the AAUP and
agreed to by the parties. The University will also distribute all information
concerning employee benefits required to be distributed by law. In addition,
the University shall provide 100 copies of the Agreement to the AAUP.
L. December Pay
Check
The University shall
provide the December pay check on or before December 15, whenever practicable.
M. Personnel Directory
Listing
By November 1 of each
year, the University shall distribute to each bargaining unit member, a
copy of the Rider University Personnel Directory. Such directory will include
the rank and title of each bargaining unit member as of the date of its
publication along with each bargaining unit member’s campus address, phone
number
and home and office email address.
Home addresses, [and]
telephone numbers and e-mail addresses will
be provided except for cases in which the affected individual has requested
that one or more of these either
or both be withheld.
N. Check Cashing
The University shall
provide check-cashing facilities on both campuses. Bargaining unit members
shall be entitled to cash checks in amounts up to $100, except during regularly
scheduled non-check cashing periods during the year, which will be announced
by the University on an annual basis.
O.
Library
Acquisitions Budget
The
University Academic Policy Committee shall have access to the acquisitions
budgets of both Moore and Talbott Libraries each year.
UNIVERSITY RESPONSIBILITY FOR LEGAL DEMANDS ON FACULTY
The University shall ensure effective legal and other representation and indemnification in the first instance for any bargaining unit member named or included in lawsuits or other extra-institutional legal proceedings arising from an act or omission in the discharge of institutional or other related professional duties or in the deference of academic freedom at the University. Such representation and indemnification shall:
OPEN CLASSROOM
The parties acknowledge that the
activities of the classroom are an integral part of the teaching-learning
process and constitute a significant aspect of the professional role of
the faculty member. Members of the Board of Trustees, the academic dean
of each college, and others holding academic rank at Rider University,
shall be welcome to visit classes. Such visitors shall observe the professional
courtesies and amenities of the academic environment and shall always honor
the integrity of the classroom. Visits shall be made with at least forty-eight
(48) hours' advance notice, unless waived by the affected faculty member,
or unless an emergency exists which threatens the physical or psychological
well-being of students, the affected faculty member, or others, giving
rise to a need to visit the classroom without such prior notice. Such visits
may produce formal written evaluations of classroom instruction. No evaluation
of the faculty member shall be made and submitted to any third party unless
the faculty member is notified thereof and given a copy of the written
evaluation.
WORKLOAD
Workload Preamble
The parties acknowledge that,
in addition to a faculty member's classroom teaching assignment, a member
of the faculty has responsibilities to the University which include scholarly
activities as well as activities referred to as "value" in Article VIII,
Section D(3). The AAUP acknowledges that the University's continuing rights
with respect to workload planning under this Article include the following:
2. The University has the right
to determine maximum and minimum enrollment levels subject to the procedures
set forth in Section C;
3. The dean, subject to the procedures
set forth in Section C, may reject an annual workload plan that fails to:
b. distribute classes throughout
the class day in such a way as to fit into available classroom space and
to otherwise meet the demonstrated scheduling needs of students;
c. provide for projected student
enrollments;
d. utilize fairly and effectively
the professional competencies of the faculty;
e. reflect appropriate consideration
of the information provided to a department
or program by the dean;
f. satisfy the needs
for courses and sections consistent with the relative priorities of courses,
as set forth in this Article.
5. Both the dean and
the Provost will continue to have the authority to offer workload release
for special projects, but some activities previously supported by workload
releases will continue to be absorbed as part of normal departmental or
program responsibilities.
By October 15 of each
academic year, the dean or associate dean shall meet and discuss with his/her
respective departments and programs
course and workload information for the following year or shall provide
such course and workload information to the departments and
programs by written presentation. Such information may include
recent enrollment history, enrollment projections, and known curricular
changes from elsewhere in the institution that may affect enrollment in
a particular department or program.
The purpose of such meeting and/or written presentation shall be to assist
the departments or programs in understanding
the anticipated needs for their courses in the general institutional context.
B. Formulation and
Submission of the Workload Plan
The department chairperson
or
program director shall convene a meeting of the members of the
department or program or their representatives
by December 15 to begin formulating the workload plan for the following
year. Such workload plan shall include:
4.[3]
a plan for staffing all such courses, including courses and/or sections
for which assignable full-time staffing is insufficient;
5.[4]
proposed workload credit through special projects and/or sections pursuant
to Section E of this Article and predicted reduced loads for department
members who will be AAUP officers or chair of the Promotion and Tenure
Committee pursuant to Sections Q and R of this Article.
The members of the
department or program and the chairperson
or
director, by majority vote, shall formulate the workload plan
and recommend such plan to the dean. It shall be the responsibility of
the members of [the]a
department
to recommend the staffing
of their[in
such] workload plan using the assignable full-time faculty within
the department, including the department chairperson.
It
shall be the responsibility of the members of a program to recommend the
staffing of their workload plan using the available faculty and to note
whether that teaching would be in-load or out of load for those faculty
members. The dean shall notify each department and
program by October 15 of the deadline for the submission of
such workload plan, which deadline shall be no more than three (3) weeks
prior to the date by which the dean must send the workload plan to the
Registrar. A department's or program’s
failure to submit such workload plan to the dean by the deadline shall
leave the workload plan to the discretion of the dean. The workload plan
shall effectively and fairly utilize the professional competencies of the
members of the department or program.
C. Dean's Review
of the Workload Plan
The dean will implement
a workload plan which provides for projected student enrollments and otherwise
reflects appropriate consideration of the information provided to a department
or
program pursuant to Section A of this Article, satisfies the
needs for courses and sections established in this Article, and fairly
and effectively utilizes the professional competencies of the members of
the department or program. In the event
the dean declines to implement a recommended workload plan because it does
not meet the preceding requirements, he/she shall return it to the members
of the department or program within
five (5) working days with his/her written comments. The members of the
department or program shall have a
period of five (5) working days after return of the workload plan to make
such changes in the plan as they deem appropriate and to make any other
responses to the dean's comments. If the dean and members of the department
or
program still disagree over the proposed workload plan, including
a disagreement over appropriate maximum and minimum numbers of students
permitted or required for enrollment in particular course(s), the matter
shall be referred to the Provost by members of the department or
program. The Provost shall make a final decision within five
(5) working days with respect to such disagreement. If such decision disagrees
with the position of the department or program,
written reasons, which shall not be arbitrary
or capricious or out of keeping with past practice, therefore
shall be provided to the department or program.
D. Priority of Scheduling
The order of priority
for scheduling sections of courses shall be as follows:
2. major/minor or certification requirements;
3. service requirements (courses required by other departments, programs or
colleges);
4. electives;
5. special projects.
Subject to the foregoing,
where the major requirements of a department (or a discipline in a multi-disciplined
department) or program exceed forty-two
(42) credit hours (inclusive of introductory course work), only forty-two
(42) credit hours from such a major, as designated by the department (or
discipline) or program, will be assigned
to the priority designated above for major/minor requirements. The balance
of the courses comprising the credit hours in excess of forty-two (42)
for such major will have a priority designation as electives, and, as to
such courses, the dean may adjust the frequency of scheduling of such courses
in accordance with their lower level of priority. Major requirements offered
by another department (or discipline in a multi-disciplined department)
or
program will not be included in the forty-two (42) credit hours
referred to above.
Department or
program course offerings specifically required for departmental
or
program majors will be offered no less frequently than once
every other academic year, unless the enrollment for such a course fails
to meet the established course minimum, in which case the dean may elect
not to have such course offered, or unless the dean and the department
agree that the course should not be offered for other reasons. Even where
the enrollment for such a course continues to fail to meet the established
course minimum, it will be offered no less frequently than once every third
year, unless alternative arrangements satisfactory to both the dean and
the department or program are adopted.
There shall be four
(4) classifications of special projects as set forth hereafter. Such special
projects shall exist only at the discretion of the University. Each special
project shall provide for a minimum of three (3) hours per semester of
workload credit. The classifications of special projects are:
Special projects assigned
by and at the discretion of the dean.
2. Provost's Discretionary Projects
Special projects assigned
by and at the discretion of the Provost.
3. Ongoing Projects
Special projects of
an ongoing nature. Individuals shall be assigned to such projects by the
University after consultation with the appropriate Academic Policy Committee
or other appropriate faculty advisory committee.
4. Continuing Projects
Special projects continued
into the next year from the current year, or from past years.
G.[F]. Assignment of Overloads
If the assignable full-time
faculty within the department is not sufficient to staff the needed courses
and/or sections, the department shall so advise the dean at the time it
delivers the workload plan. The University may elect to staff the remaining
needed courses and/or sections by assigning them to full-time bargaining
unit members who wish to teach compensated overload or to hire part-time
faculty to staff such courses and/or sections. In the event the University
does assign such courses and/or sections on an overload basis during the
Fall and Spring terms, qualified full-time bargaining unit members will
be given preference for such courses and/or sections, provided that they
apply by the deadline set by the department chairperson. All full-time
members of the bargaining unit shall be eligible to apply for and shall
be given preference for compensated overload or assignment for teaching
during special sessions of the University at the then prevailing overload
rates (provided that they apply by the stated deadline),
except that priority shall be given to faculty who have not received a
summer fellowship. [, except that bargaining
unit members in the College of Business Administration are ineligible for
overload assignment during the academic year.] Assignments for
compensated overload shall be made by the University upon the recommendation
of the appropriate department. Bargaining unit members shall not be required
to accept overload assignments.
H.[G].
Unassigned
Teaching
If the needed courses
and/or sections have been staffed, but the assigned teaching workload of
each full-time faculty member within the department has not reached the
normal teaching limits stated below, then the members of the department
shall so advise the dean, indicating the total amount of unassigned teaching
within the department, at the time it delivers the workload plan to the
dean. After appropriate consultation with the dean, the members of the
department shall then make a proposal to the dean for projects which shall
benefit the department, college, and/or the University and which will utilize
the unassigned workload for the members of the department. Such projects
may include, but shall not be limited to the following:
2. teaching methodology;
3. mastering of new disciplinary subject matter and/or techniques;
4. basic skill support;
5. advising support;
6. research;
7. student recruiting; and
8. grant applications.
I. Alteration of
Workload Plan
It is understood that
unanticipated events occurring subsequent to completion of a workload plan
may require revision of the workload plan by the dean in order to address
problems of unstaffed or understaffed required courses. Such changes in
the affected portion of the workload plan shall be made so as to use effectively
and fairly the professional competencies of the department. The dean shall
normally refer such problems back to the department so that the department
may recommend revisions of the workload plan in accordance with the procedures
set forth in Section D. When time constraints do not permit reconsideration
of the workload plan by the department, the dean shall have the authority
to revise the workload plan in order to address the above problems. The
dean shall, when circumstances permit, confer with the chairperson and
the affected members of the department before making any such changes.
Courses
will not be cancelled for failing to meet the minimum student enrollment
until at least one-week after the end of the registration period for that
semester and the affected faculty member has been offered an opportunity
to discuss the cancellation with the Dean.
J.Length
of the Semester and Academic Year
The number of teaching
hours in a semester and the length of the academic year shall not be altered
without the prior agreement of the AAUP and the University.
K. Contact Hours
The required teaching
load of [a] full-time bargaining unit
member s [whose department
is in the College of Business Administration, Liberal Arts and Science,
or Education and Human Services] shall not exceed eighteen (18)
classroom contact hours during the academic year,
and or [. The required teaching load of a
full-time bargaining unit member whose department is at Westminster Choir
College shall not exceed thirteen (13) classroom contact hours and/or twenty-one
(21)] twenty-seven (27) applied
class hours during the academic year. [
in a semester.] The ratio of applied to classroom hours at Westminster
Choir College shall be 1.5 to 1. [remain
1.6 to 1, according to past practice.] Beginning
in 1995-96, [b]Bargaining unit
members at Westminster Choir College who teach
Performance Class shall receive one applied workload credit
per semester for each [such] Performance
Class they teach and shall receive one-quarter
(1/4) applied workload credit for supervision of a half-recital and one-half
(1/2) an applied workload credit for supervision of a full recital.
Bargaining
unit members who teach applied courses shall not be required to make up
class hours missed when a student is absent for personal reasons or attendance
at institutionally sponsored events.
Faculty members who
supervise credit-bearing learning experiences and who are not otherwise
receiving workload credit for such supervision shall receive credit for
one-half[one-third]
of a classroom contact hour per project per semester. Compensation
for such credits may at the discretion of the faculty member occur in the
term in which the supervision occurs at the then prevailing overload rates[which]
or
may
be accumulated until the equivalent of three (3) classroom hours has been
accrued. When the equivalent of three (3) classroom contact hours has been
accumulated, the bargaining unit member shall receive a three-hour workload
credit during the following academic year or, at the election of thebargaining
unit member [dean],
compensation
in lieu of such credit at the then prevailing overload rates.Already
accumulated workload credit for such supervision shall be compensated as
per the 1994-97 Agreement. The University shall not be required
to compensate an individual member of the bargaining unit for the completion
of such projects at a rate equivalent to more than one overload course
in any single semester but if the University elects not to compensate a
member of the bargaining unit at a rate equivalent to more than one overload
course in a single semester, any completed projects for which the bargaining
unit has received no compensation shall be carried over to the following
semester.
Faculty members who
have graduate students enrolled in an undergraduate class for graduate
credit shall not receive additional workload credit unless the University
requires the faculty member to establish different course requirements
for such graduate students. In such cases, the faculty member shall receive
credit for one-third of a classroom hour per student which will
be compensated in the same manner as in the paragraph above. [may
be accumulated in the same manner as in the paragraph above.]
Faculty members who
are required to teach a section which has ten (10) or more students in
excess of the section limit, when such section limit is more than sixteen
(16) students, shall receive an additional three (3) workload credits.
Faculty members who are required to teach a section which has five (5)
or more students in excess of the section limit, when such section limit
is sixteen (16) students or fewer, shall receive an additional three (3)
workload credits. The University shall not offer sections that enroll more
than twice the section limit.
No full-time member
of the bargaining unit shall be required to teach classes on a given day
on which classes extend from the beginning of the first class to the end
of the last class for a period in excess of nine (9) hours. A full-time
bargaining unit member shall not be required to teach a class at 8 a.m.
the morning following an evening class which he/she is scheduled to teach.
L. Normal Class
Hours
Any change in scheduling
of classes from the normal hours for such classes will require approval
of the affected bargaining unit member, the applicable department, and
the appropriate dean. Whenever possible, any such changes will be provided
for during the normal workload planning process.
M. Non-Teaching
Responsibilities
Each full-time member,
in addition to the foregoing, shall be required to advise students as assigned
by the dean or department chairperson; to attend scheduled meetings of
the department, college, or University, including Commencement and Convocation;
to provide accurate and timely reports as requested by the University concerning
student enrollment and performance; in accordance with prevailing policies
and practices, shall arrange and schedule office hours each instructional
week of the Fall and Spring semesters at times reasonably convenient to
students; and assist in registration and orientation during the academic
year. Each such member of the bargaining unit shall file current written
course and project syllabi with the dean. In addition, it shall be part
of a faculty member's professional responsibility to be involved in ongoing
scholarly activity and to engage in activities referred to as "value" in
Article VIII, Section D(3). It is further recognized that the particular
mix of such activities may vary from faculty member to faculty member,
department to department, and college to college. By a date specified by
the dean, each faculty member shall issue an annual report to his/her department
chair and dean concerning the faculty member's scholarly activity and departmental,
college, and University "value" for the preceding academic year.
N. Maximum Preparations
No full-time member
of the bargaining unit [whose department is based
in the College of Business Administration, College of Liberal Arts and
Science, or College of Education and Human Services] shall be
required to teach more than four (4) different courses during an academic
year or more than two (2) different courses during a single academic semester.
[Maximum
preparations at Westminster Choir College shall be governed by past practice.]
Full-time members of the faculty
may teach (but may not be required to teach) outside of his/her department
with the approval of the department or program within which the teaching
will occur. Such teaching shall either be on an overload basis or with
the mutual agreement of the faculty member, the faculty member’s department,
and the department or program within which the teaching will occur, on
an in-load basis.
Q.[O]Out-of-load
Teaching
The University and
the AAUP jointly affirm their agreement that out-of-load teaching should
be minimized and that priority should be given to full-time in-load teaching.
[
The University shall report to the AAUP by March 15]. The
percentage of all University course sections taught on an overload/adjunct/overenrolled
basis during
an [that]
academic year shall not exceed 25%.[If
the reported percentage is 25% or greater, the University and the AAUP
shall meet to discuss such report.]
R.
[P.]Maximum Teaching Assignment for Non-Bargaining Unit Personnel
Except for chairpersons, as provided
for in Article XI, Section A,
and
visiting faculty, [and other non-bargaining unit
personnel who have taught more than six (6) classroom contact hours in
a calendar year prior to the date of this Agreement, other ]
non-bargaining unit personnel who hold faculty
status shall teach no more than six (6) classroom contact hours
per calendar year, except with the approval of the AAUP.
S.[Q]Reduced
Load for AAUP Officers
The President of the
AAUP, the Contract Administrator Chief
Grievance Officer of the AAUP and, during the final year of
this contract, the Chief Negotiator of the AAUP shall receive a reduced
classroom teaching load of three (3) hours per semester subject to the
following conditions:
The identity of persons
to receive workload credit shall be communicated, in writing, to the University
by December 15 of the year preceding the academic year during which such
persons are to serve.
2. Maximum Per Department
No more than one (1)
member of a department shall be eligible for workload credit hereunder
unless by mutual consent of the University and the AAUP.
3. Members of Professional Staff
In the event that a
bargaining unit member of the professional staff is elected to serve in
one of the AAUP positions designated for workload credit, he/she shall
be entitled to an adjustment in workload equivalent to thirteen (13) days
of released time for each one (1) course contractually provided for teaching
faculty. The affected bargaining unit member shall propose to the appropriate
administrator (i.e., the Director of Library Services or the Director of
Athletics) a plan for an adjustment of responsibilities and work to be
covered. Such plan shall specify the extent to which regular professional
responsibilities will be decreased or omitted from the annual workload
and shall also specify a schedule for up to thirteen (13) days of released
time for each one (1) course contractually provided for teaching faculty.
If the appropriate administrator disagrees with the plan proposed by the
bargaining unit member, he/she shall return it to the bargaining unit member
with an alternate plan and written comments. If the bargaining unit member
and the appropriate administrator are unable to agree on a plan, the matter
shall be referred to the Provost for a determination. In no case shall
the University be required to pay additional compensation to such bargaining
unit member if he/she does not use the permitted thirteen (13) days of
released time, nor shall the University be required to compensate any member
of the professional staff by virtue of his/her absence or reduction in
workload.
The Chairperson of
the Promotion and Tenure Committee shall receive a reduced classroom teaching
load of six (6) contact hours during the academic
year in which they are serving as chair. [three
(3) hours in the Fall term and three (3) hours in the Spring term.]
U.[S.]Minimum
Teaching Assignment for Full-Time Bargaining Unit Members
In no case shall the
University be required to reduce any individual full-time bargaining unit
member's workload by more than three (3) hours in any one semester, except
for AAUP officers as designated in Section Q . Except for AAUP officers
as designated in Section Q, no individual full-time bargaining unit member's
classroom contact hours shall be less than twelve (12) hours in any academic
year.
1. Changes in Scheduled Hours
The University shall discuss with
the AAUP any changes of scheduled hours of work before such changes are
put into effect. In case the AAUP disagrees with any such change, grievances
may be directed by the AAUP immediately to the second step of the grievance
procedure. [During the term
of this Agreement, the work week in Talbott Library shall remain 37.5 hours.]
2. Staffing
The
number of full-time librarians at Moore Library shall be increased to thirteen
(13). No part-time librarians time base shall be reduced due to the appointment
of additional full-time librarians to meet this standard, nor shall the
number of full-time librarians at Talbott Library be reduced as a consequence
of this standard. By August 31, 2000, the University will hire a consultant,
chosen jointly by the University and the AAUP to review staffing and the
acquisition budget at Talbott Library. During
the term of this Agreement, the University shall recruit an additional
full-time librarian for Talbott Library. No part-time librarian’s time-base
shall be reduced due to the appointment of such additional full-time librarian.
During the term of this Agreement, the parties agree to hire at least one
consultant to review staffing and acquisitions at Moore library. The cost
of such consultant(s) shall be split evenly between the University and
the AAUP.
3. Duties
Librarians shall not be required
to perform duties normally performed by non-bargaining unit members. [Moore
Library] The libraries shall
not be open for more than three (3) hours per day without a librarian on
duty. [On Mondays through Saturdays, Talbott Library
shall not be open for more than three (3) hours per day without a librarian
on duty. When an additional full-time librarian is appointed in Talbott
Library, as provided for in Section 2, Talbott Library shall not be open
for more than three (3) hours on any day without a librarian on duty.]
4. Time for AAUP Meetings
Librarians shall be
entitled to time for attendance at AAUP meetings, provided that one (1)
librarian shall remain on duty at the Library during such meetings. If
a librarian is elected to an AAUP office or negotiating team, the librarian
shall receive time to attend AAUP Executive Council meetings as well as
AAUP chapter meetings, and other necessary meetings in order to carry out
his/her AAUP duties.
5. Library Faculty Work Year [Paid Holidays]
Bargaining
unit members of the library faculty shall be employed on ten-month academic
appointments. In order to allow for flexibility of scheduling over a full
year (September 1 – August 31), that ten-month appointment shall be calculated
based upon a two hundred-(200) day work year. The actual scheduling of
workdays shall be carried out by the bargaining unit members of each library
consistent with the staffing needs of that library. Library faculty may
not be required to work beyond those two hundred days in any year (September
1 - August 31), but if they choose to do so, they may carry up to twenty
(20) days of compensatory time into the next year (September 1 – August
31). If a bargaining unit member chooses either not to take compensatory
time or to work beyond twenty (20) additional days, they will be compensated
at the rate of 1/200th of their base salary per day (except
as specified in Article XXXI, A7 when the specified over-time rate shall
prevail.) Full-time librarians shall have
paid holidays as follows:
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
Friday during spring recess
One
floating holiday
Full-time
librarians shall be entitled to twenty (20) paid days of vacation annually.
Full-time librarians may accumulate and carry over to a subsequent year
up to a maximum of twenty (20) days of paid vacation, provided that the
staffing needs of the relevant library are met at the time that such carry-over
vacation is to be taken. Five (5) days of paid vacation which are accumulated
and carried over to a subsequent year will not be compensated for in the
event of the termination of the employment of the affected librarian. Part-time
librarians employed at Talbott Library as of September 1, 1994, shall be
entitled to vacation time, prorated by time-base.
7. Professional Development Days
In addition to assignments within the relevant library, the responsibilities of full-time professional librarians include professional development and scholarly activities. To support the professional development and scholarly activities of professional librarians, the University shall provide full-time members of the library faculty seven (7) paid professional development days during the first year of this Agreement, eight (8) paid professional development days during the second year of this Agreement, and nine (9) paid professional development days during the third year of this Agreement. Such professional development days shall be scheduled from January 2 to the start of spring semester and/or during June, July, and August.
OUTSIDE EMPLOYMENT
The primary professional responsibility
of full-time members of the bargaining unit is to Rider University. Outside
employment, whether or not related to the professional competence of such
unit member, which involves commitments which conflict with the normal
work week performance of the individual’s responsibilities to Rider University,
or any rendering of professional services similar to those performed at
Rider University, at another institution of higher education, shall be
reported, in writing, prior to its commencement, to the dean, Director
of Library Services, or Director of Athletics.
If the dean, Director of Library
Services, or Director of Athletics determines that such outside employment
impinges upon or conflicts with the individual's professional responsibilities
to Rider University or competes with the services offered by Rider University,
he/she may direct such individual to refrain from engaging in such outside
employment, provided such determination shall not be arbitrary. Such a
determination may be grievable pursuant to Article XXI ("Grievance and
Arbitration"), set forth elsewhere in this Agreement. However, pending
a determination of any such grievance, such individual shall not be required
to refrain from engaging in such outside employment.
Copies of all reports concerning
outside employment shall be filed by the individual member of the bargaining
unit with the AAUP and any determination in response to such report shall
also be filed with the AAUP by the appropriate dean, Director of Library
Services, or Director of Athletics.
Outside employment which does
not involve the rendering of professional services similar to those performed
at Rider University and which occurs either during the summer periods or
during a vacation period need not be reported.
FACULTY DEVELOPMENT
A. The Faculty DevelopmentResearchandPatent
Committee
There is hereby established the
Faculty DevelopmentResearch
and Patent Committee which shall be appointed by the bargaining
unit members of the University Academic Policy Committee and which shall
be composed of bargaining unit members or chairpersons, two (2) appointed
from the School[College]
of Liberal Arts and Science, two (2) from the College of Business Administration,
two (2) from Westminster Choir College, one (1) from the School
[College]
of Education and Human Services and professional staffs, and one (1) at-large
member chosen on a rotating basis from each of the four (4) colleges in
the following order:
School [College]
of Liberal Arts and Science, College of Business Administration, School
[College]
of Education and Human Services, and Westminster Choir College. In the
event that bargaining unit members or chairpersons in a particular college
are unavailable to serve as regular or alternate members, the bargaining
unit members of the University Academic Policy Committee may appoint bargaining
unit members or chairpersons from other colleges to serve. The term of
appointment of each committee member shall be two (2) years. Membership
on the Faculty Research and Patent Committee shall be limited to faculty
members with a minimum of two (2) years of prior service at the University.
It shall be the responsibility of the Faculty DevelopmentResearch
and Patent Committee to elicit, review, and make decisions on
all the applications by bargaining unit members for paid research leaves,
summer fellowships, development fellowships and
leaves, and reimbursements, as described below in Sections B,
D, and E(2), respectively. The Committee shall provide the Provost's Office
with a copy of the notice sent to members of the bargaining unit regarding
application procedures for paid research leaves, summer fellowships, development
fellowships and leaves,
and reimbursements.
In addition, the Faculty Research and Patent Committee shall advise and
make recommendations to the President on patent policy in accordance with
Article XXVIII.
B. Paid Research
Leaves
Full-time bargaining
unit members who hold tenure or, in the case of full-time non-tenured bargaining
unit staff members, have six (6) or more years of service by the beginning
of the academic year following the date of notification of the award of
a paid research leave, shall be eligible to receive a paid research leave.
Members of the Faculty Research and Patent Committee shall not be eligible
for paid research leaves during the term for which they were elected.
2. Number and Distribution
Seventeen
(17) Thirteen (13) paid research
leaves shall be granted in each of
the first and second years of this Agreement and
fourteen (14) paid research leaves shall be granted in the third year of
this Agreement. At least one (1) paid research leave shall be
allocated to eligible bargaining unit members from each of the Colleges
of Business Administration, Liberal Arts and Science, Education and Human
Services, and Westminster Choir College. The foregoing allocation shall
be subject to the receipt of applications from eligible faculty in each
college and further subject to the evaluation and determination of merit
for each such application by the Faculty Research and Patent Committee
referred to in Section A. Where replacement of a faculty member who is
on a paid research leave is not necessary, as determined through the procedures
set forth in Article XXV ("Workload"), the University will not be obligated
to replace such faculty member.
3. Conditions
Paid research leaves
may be granted for scholarly study, research, writing, or creative projects
related to composing, producing, or performing that will contribute to
the professional development of the bargaining unit member and be of benefit
to the University. Recipients shall be obligated to return to the University
for at least one (1) full year of service after such leave. Within ninety
(90) days after the return from such leave, a recipient shall be required
to submit to the President, with copies to the Provost, the faculty member's
dean or supervisor, and his/her department or staff, a written report including
a description of the initial proposal and a summary of the activities undertaken
during the research leave. The Provost will keep said reports on file and
make them available to the Chairperson of the Faculty Development
Research
and Patent Committee upon request.
4. Procedures
Applicants for paid
research leaves shall notify their departments through the department chair
that they are applying for research leaves. The Faculty Development
Research
and Patent Committee shall first screen the pool of applicants
in order to remove from the pool any proposals which the Committee determines
lack sufficient merit to be appropriate for funding by the University.
Thereafter, the Committee shall select from the remaining pool of applicants
thirteen
(13)seventeen (17) applicants in
each of the first and second years of the Agreement and fourteen (14) applicants
in the third year of the Agreement to be recommended for paid
research leaves. If there are more than the aforesaid number of applicants
in the pool, after the initial merit screening referred to above, the Committee
will not recommend a paid research leave for individuals who have applied
to begin such a leave during either semester within the three (3) academic
years following the completion of a previous leave, unless all faculty
members in such pool who have not completed such a leave during the three
(3) academic years preceding the commencement of a leave are included on
the list of recommended faculty. Therefore, normally, faculty will not
be on paid research leave in two consecutive academic years. The Committee
will also recommend three (3) alternates, in ranked order, in case one
(1) or more of the selected faculty members are unable to accept the leave.
The Chairperson of the Committee shall forward a copy of the recommendations
together with the relevant applications from the recommended bargaining
unit members to the Provost by November 15.
5. Appeal
Bargaining unit members
may appeal, in writing, the failure of the Faculty Development
Research
and Patent Committee to follow the required procedure hereunder,
but no appeal may be filed on the basis that the Faculty DevelopmentResearch
and Patent Committee has made an error in judging the merit
of any proposal. The bargaining unit members of the University Academic
Policy Committee shall hear all such procedural appeals and shall render
a final decision. As to remedy, the bargaining unit members of the University
Academic Policy Committee shall be limited to remanding the matter back
to the Faculty Development
Research
and Patent Committee with specific procedural instructions.
In the event that the resolution of such an appeal results in any change
in the recommendation of the Faculty Development
Research
and Patent Committee, then, to the extent applicable, the initial
letters from the University granting paid research leaves shall be rendered
void.
Except as set out hereafter,
appeals regarding the actions of the Provost under this Article shall be
limited to an alleged failure by the Provost to follow the required procedure
and shall be processed under the grievance and arbitration provisions of
this Agreement. While the Provost is not required to follow the recommendations
of the Faculty Development [Research
and Patent] Committee, any failure to do so shall be subject
to the grievance and arbitration provisions of this Agreement as to the
basis for any such deviation from these recommendations.
6. Compensation
Compensation for paid
research leaves will be at the rate of one-half of base annual salary for
one (1) academic year of leave or full base annual salary for one (1) semester
of leave. All applicable employee benefits will remain in force during
the period of a paid research leave.
7. Notification
The University shall
notify recipients of the paid research leaves by December 15 in the academic
year in which the application has been made, if the Provost has received
the applications as aforesaid by the preceding November 15.
8. Commencement of Leave
A recipient of a paid
research leave may commence such leave in either of the two (2) subsequent
years following the awarding of the leave. The University will not be required
to allow two (2) or more members in a department to defer leaves to the
second year following the award. If two (2) or more members of a department
are awarded leaves and wish to defer them, a random selection procedure
shall be used to determine which faculty member may so defer the leave.
Faculty members wishing to defer a leave to the second year following the
award must so notify the University by January 15 of the academic year
in which the award is made if they have been notified by the University
that they have been granted a leave by December 15. If two or more paid
research leaves are granted in a particular department to be used in the
same semester and if such absences will cause the University to be unable
to staff required courses or the department to be unable to perform its
professional responsibilities, the dean may require one or more of the
leaves to be deferred for a semester.
9. Tuition Remission Benefits During Leaves
Members of the bargaining
unit who are on paid research leaves shall be eligible for the continuation
of tuition remission benefits at Rider University as specified in Article
XXX(B)(12)(a)(iv) and at other institutions as specified in Article XXX(B)(12)(b)(ii).
10. Research Leaves for Librarians
Librarians
shall be given the flexibility of starting Research Leaves at their discretion,
providing that the Dean agrees that the timing does not disrupt the operations
and the well being of the library. This means that leaves may be started
at the beginning of a semester, in the middle, or towards the end, or any
other time, whenever it is most appropriate and suitable for the librarian
and the research project in question. If the Dean and the librarian can
not agree on when it would be most appropriate and suitable to begin the
Research Leave, the leave shall commence at the start of the semester.
The length of such leave shall be four (4) months + 3 weeks, to match more
closely that of the teaching faculty. For example, if the leave begins
on Monday, January 6, 1997, it will last through Monday, May 26.
Paid
developmental leaves shall be granted for faculty development other than
scholarly research; writing or creative projects that will contribute to
the professional development of the bargaining unit member and be of benefit
to the University. Such professional development projects include, but
are not limited to, study within the bargaining unit member’s area of expertise,
mastering of new disciplinary subject matter, and/or techniques, curriculum
development, service to the bargaining unit member’s discipline or profession.
Recipients shall be obligated to return to the University for at least
one (1) full year of service after such leave. Within ninety (90) days
after the return of such leave, a recipient shall be required to submit
to the President with copies to the Vice President for Academic Affairs
and Provost, the faculty member’s dean or supervisor and his/her department
or staff, a complete written report of the project undertaken. The Vice
President of Academic Affairs and Provost will keep said reports on file
and make them available to the Chairperson of the Faculty Development Committee
upon request.
Full-time members of
the bargaining unit may be granted a full-time professional leave without
pay or a partial professional leave at partial pay for
the purpose of engaging in research or advanced study that is not connected
with the earning of an advanced or professional degree. The granting of
such unpaid leaves and/or partial leaves, including the designation of
reduced workload and salary pertaining to partial leaves, is subject
to the mutual agreement of the affected bargaining unit member and the
dean, [Director of Library Services,] or
Director of Athletics. If an individual member of the bargaining unit so
elects, the AAUP may represent such an individual in negotiations with
the dean, [Director of Library Services,]
or Director of Athletics. A full-time member of the bargaining unit granted
a full-time professional leave without pay or a partial professional leave
at partial pay shall, upon the person's return to full-time teaching at
the University, be entitled to the same salary that he/she would have been
receiving if he/she had been teaching on a full-time basis during the period
of the leave.
A bargaining unit member
who applies for support for a research leave from a granting agency external
to Rider University shall request payment of medical and pension benefits
in his/her application unless the granting agency specifically excludes
payment for such benefits or unless it is determined that such request
would place the application at a disadvantage. If the circumstances pertaining
to the grant make it inappropriate to request payment of medical benefits
or if the bargaining unit member has requested such payment in his/her
application and neither the funding agency nor any other entity is providing
medical benefits to such bargaining unit member, then the University will
maintain medical benefits for bargaining unit members on leaves approved
by the University and funded by granting agencies other than Rider University
as defined below. If the circumstances pertaining to the grant make it
inappropriate to request payment of pension benefits or if the bargaining
unit member has requested such payment in his/her application and neither
the funding agency nor any other entity is providing pension benefits to
such bargaining unit member, the University will make its full contribution
to such bargaining unit member's retirement annuity, upon such bargaining
unit member's return to the University, based on the base salary such bargaining
unit member would have earned at Rider University during the year of the
leave, provided that such bargaining unit member also makes his/her annuity
payment for the period of the leave either during the research leave or
upon return. The aforementioned benefits apply only to leaves and grants
funded by outside granting agencies and foundations.
No leave granted hereunder
shall be construed by the University as evidence that the affected department
or staff should be reduced.
2. Military Leaves
A member of the bargaining
unit who is called to active military duty shall continue to receive the
difference between his/her Rider University salary and his/her military
pay during active service for a period up to ninety (90) days. During such
leave, the military will become the primary carrier for medical benefits,
and the University shall continue as the secondary carrier for a period
up to ninety (90) days. Upon return from military service, the bargaining
unit member will be entitled to the same salary that he/she would have
been receiving if he/she had been teaching on a full-time basis during
the period of the leave.
3. Tuition Remission Benefits During Leaves
Members of the bargaining unit who are on unpaid, partial, or military leaves shall be eligible for the continuation of tuition remission benefits at Rider University as specified in Article XXX(B)(12)(a)(iv) and at other institutions as specified in Article XXX(B)(12)(b)(ii).
All full-time members
of the bargaining unit shall be eligible to make application for summer
fellowships, except that full-time bargaining unit members who are receiving
a stipend from another source to cover living expenses during the summer
months or who are engaged in teaching more that one (1) course during the
summer shall not be eligible for summer fellowships. Full-time members
of the faculty who do not receive summer fellowships shall have priority
for the assignment of summer teaching. Members of the Faculty Development
[Research
and Patent] Committee shall not be eligible for summer fellowships
during the term for which they were elected.
During the first year
of this Agreement, the University shall allot thirty-six
(36) [twenty-nine (29)] summer
fellowships to full-time bargaining unit members subject to the receipt
of applications for such fellowships and subject to the evaluation and
determination of merit for each such applications by the Faculty Development
[Research
and Patent] Committee.
[the number
of fellowships shall be increased to thirty (30) for the second and third
years of this Agreement.] Such fellowships shall carry a stipend
of $________ (to be determined based on percent
increase negotiated. [$4,435 during the first
year of this Agreement, $4,565 during the second year of this Agreement,
and $4,750 during the third year of this Agreement. Such stipends shall
be payable in equal installments in July and August.]
If the recipient of
a summer fellowship is a member of the library faculty, the recipient shall
receive twenty- (20) days compensatory time off. The recipient shall propose
a schedule for such compensatory time. If the Dean
of Libraries [Director of Library Services]
disagrees with the schedule proposed by the recipient, he/she shall respond
in writing with an alternate schedule. If the recipient and the Dean
of Libraries [Director of Library Services]
are unable to agree on a schedule, the matter shall be referred to the
Provost for determination.
Summer fellowships
may be awarded for scholarly study, research, writing, or creative projects
related to composing, producing, or performing that will contribute to
the professional development of full-time bargaining unit members and be
of benefit to the University. Recipients shall be obligated to return to
the University for at least one (1) full year of service after receiving
the summer fellowship. Within ninety (90) days of the opening of the Fall
semester following receipt of a summer fellowship, a recipient shall be
required to submit to the President, with copies to the Provost, the faculty
member’s dean or supervisor, and his/her department or staff, a written
report including a description of the initial proposal and a summary of
the activities undertaken during the fellowship. The Provost will keep
said reports on file and make them available to the Chairperson of the
Faculty Development [Research
and Patent] Committee upon request.
The Faculty Development
[Research
and Patent] Committee shall select from
among the pool of applicants thirty-six (36) [twenty-nine
(29)] full-time bargaining unit faculty members [during
the first year of this Agreement, thirty (30) during the second year of
this Agreement, and thirty (30) during the third year of this Agreement]
to
recommend for summer fellowships. The Committee will also recommend three
(3) alternates, who are full-time bargaining unit members, in ranked order,
in case one (1) or more of the selected faculty members are unable to accept
the fellowship. The Chairperson of the Committee shall forward a copy of
the recommendations together with the relevant applications from the recommended
bargaining unit members to the Provost.
Bargaining unit members
may appeal the failure of the Faculty Development
[Research
and Patent] Committee to follow the required procedure hereunder,
but no appeal may be filed on the basis that the Faculty Development
[Research
and Patent] Committee has made an error in judging the merit
of any proposal. The bargaining unit members of the University Academic
Policy Committee shall hear all such procedural appeals and shall render
a final decision. As to remedy, the bargaining unit members of the University
Academic Policy Committee shall be limited to remanding the matter back
to the Faculty Development
[Research
and Patent] Committee with specific procedural instructions.
Except as set out hereafter, appeals regarding the actions of the Provost
under this Article shall be limited to an alleged failure by the Provost
to follow the required procedure and shall be processed under the grievance
and arbitration provisions of this Agreement as to the basis for any such
deviation from these recommendations.
All
full-time members of the bargaining unit shall be eligible to make application
for summer developmental fellowships, except that full-time bargaining
unit members who are receiving a stipend from another source to cover living
expenses during the summer months or who are engaged in teaching more than
one (1) course during the summer shall not be eligible for summer fellowships.
Full-time members of the faculty who do not receive summer fellowships
shall have priority for the assignment of summer teaching. Members of the
Faculty Development Committee shall not be eligible for summer fellowships
during the term for which they were elected.
2. Number and Amount of Awards
The
University shall allot five (5) summer developmental fellowships to full-time
bargaining unit members, subject to the receipt of applications for such
fellowships and subject to the evaluation and determination of merit for
each such applications by the Faculty Development Committee. Such fellowships
shall carry a stipend of ($______) to be determined based on % increase
negotiated. If the recipient of a summer developmental fellowship is a
member of the library faculty, the recipient shall receive twenty- (20)
days compensatory time off. The recipient shall propose a schedule for
such compensatory time. If the Dean of Libraries disagrees with the schedule
proposed by the recipient, he/she shall respond in writing with an alternate
schedule. If the recipient and the Dean of Libraries are unable to agree
on a schedule, the matter shall be referred to the Provost for a determination.
3. Conditions
Such fellowships shall be granted for faculty development other than scholarly research, writing or creative projects that will contribute to the professional development of the bargaining unit member and be of benefit to the University. Such professional development projects include, but are not limited to, study within the bargaining unit member’s area of expertise, mastering of new disciplinary subject matter, and/or techniques, curriculum development, service to the bargaining unit member’s discipline or profession. Recipients shall be obligated to return to the University for at least one (1) full year of service after such leave. Within ninety (90) days after the return from such leave, a recipient shall be required to submit to the President, with copies to the Vice President for Academic Affairs and Provost, the faculty member’s dean or supervisor and his/her department or staff, a complete written report of the project undertaken. The Vice President of Academic Affairs and Provost will keep said reports on file and make them available to the Chairperson of the faculty Development Committee upon request.
4. Procedures
The
Faculty Development Committee shall select from among the pool of applicants
five (5) full-time bargaining unit faculty members to recommend for summer
developmental fellowships. The Committee will also recommend three (3)
alternates, who are full-time bargaining unit members, in ranked order,
in case one (1) or more of the selected faculty members are unable to accept
the fellowship. The Chairperson of the Committee shall forward a copy of
the recommendations together with the relevant applications from the recommended
bargaining unit members to the Provost.
5. Appeal
Bargaining
unit members may appeal the failure of the Faculty Development Committee
to follow the required procedure hereunder, but no appeal may be filed
on the basis that the Faculty Development Committee has made an error in
judging the merit of any proposal. The bargaining unit members of the University
Academic Policy Committee shall hear all such procedural appeals and shall
render a final decision. As to remedy, the bargaining unit members of the
University Academic Policy Committee shall be limited to remanding the
matter back to the Faculty Development Committee with specific procedural
instructions. Except as set out hereafter, appeals regarding the actions
of the Provost under this Article shall be limited to an alleged failure
by the Provost to follow the required procedure and shall be processed
under the grievance and arbitration provisions of this Agreement as to
the basis for any such deviation from these recommendations.
6. Notification
The
University shall notify recipients of summer fellowships by March 18 of
the academic year preceding the summer for which the awards are applicable
if the Provost has received the recommendations from the Faculty Development
Committee, as aforesaid, by the preceding March 1.
b. The maximum reimbursement
for attending but not being on the programs as
a participant at a professional meeting[s]
shall be one-half of expenses incurred, according to past practice. Such
maximum reimbursement shall be pro-rated according to the method designated
below.
c. If the University
has not expended $150,000 $115,000
during the first year of this Agreement, $120,000 during the second year
of this Agreement, or $125,000 during the third year of this Agreement,
as
aforesaid, for reimbursement of the expenses of participants in professional
meetings, the University shall proceed to reimburse faculty members for
expenses associated with participating at and attending professional meetings,
and
structured workshops, seminars and clinics using the following
method for prorating:
(i) The University
shall determine the total sum of all remaining eligible unreimbursed travel
expenses as a percent of the amount of money remaining before the
$150,000the $115,000, $120,000, or $125,000
limit[s], as aforesaid, will be reached.
(ii) Each eligible
faculty member shall be reimbursed for that percent of all legitimate expenses
associated with attending professional meetings and
structured workshops, seminars and clinics.
d. The University shall
continue to administer faculty travel funds according to the policy agreed
to by the University and the AAUP. A copy of this policy will be provided
to all eligible bargaining unit members at the beginning of each academic
year.
e. Reimbursement for use of private vehicles for such travel shall be made according to the provisions of Article XXIII.
Research, Writing, and Creative Projects Related to Composing,
Producing, and Performing
All full The University
shall allot $25,000 $13,500
in -time members of the bargaining unit shall be eligible to make applications
for reimbursement of out-of-pocket expenses that are directly related to
scholarly study, research, writing, and creative projects related to composing,
producing, and performing including the expenses
incurred during final preparation of a manuscript. Members of
the Faculty Development Research
and Patent Committee shall not be eligible for such reimbursements
during the term for which they were elected.
b. Reimbursement Fund
each year of this Agreement
for a fund for reimbursement of expenses associated with scholarly study,
research, writing, and creative projects related to composing, producing,
and performing including the expenses incurred
during the final preparation of a manuscript. Faculty members
may apply for such reimbursement in amounts not to exceed 10% of each year's
total fund. Reimbursement shall be made on the basis of actual out-of-pocket
expenses paid or incurred as evidenced by the submission to the University
of receipted bills or other appropriate evidence of such expenditure.
c. Conditions
Reimbursements may
be made for expenses associated with scholarly study, research, writing,
and creative projects related to composing, producing, and performing including
the expenses incurred during the final preparation of a manuscript,
that will be of benefit to the University and contribute to the professional
development of the bargaining unit member.
(i) Within ninety (90)
days of the end of the academic year during which the scholarly study,
research, writing, or creative project related to composing, producing,
and performing is to occur, a recipient shall be required to submit to
the Provost, the faculty member's dean or supervisor, and his/her department
or staff, a written report including a description of the initial proposal
and a summary of the activities undertaken during the scholarly study,
research, writing, or creative project related to composing, producing,
and performing. The Provost will keep said reports on file and make them
available to the Chairperson of the Faculty DevelopmentResearch
and Patent Committee upon request.
(ii) Procedures for
reimbursement and advances, as agreed to by the University and the AAUP,
shall be sent to all eligible bargaining unit members when the University
notifies them of approval of their applications (see Section f, below).
d. Procedures
The Faculty DevelopmentResearch
and Patent Committee shall draw up a list of faculty members
recommended for reimbursement of eligible expenses. The Chairperson of
the Committee shall forward a copy of the recommendations together with
the relevant applications from the recommended bargaining unit member to
the Provost.
e. Appeal
Bargaining unit members
may appeal in writing the failure of the FacultyDevelopment
Research and Patent Committee to follow the required procedure
hereunder, but no appeal may be filed on the basis that the Faculty DevelopmentResearch
and Patent Committee has made an error in judging the merit
of any proposal. The bargaining unit members of the University Academic
Policy Committee shall hear all such procedural appeals and shall render
a final decision. As to remedy, the bargaining unit members of the University
Academic Policy Committee shall be limited to remanding the matter back
to the Faculty Development
Research
and Patent Committee with specific procedural instructions.
Except as set out hereafter, appeals regarding the actions of the Provost
under this Article shall be limited to an alleged failure by the Provost
to follow the required procedure and shall be processed under the grievance
and arbitration provisions of this Agreement as to the basis for any such
deviation from these recommendations.
f. Notification
The University shall
notify recipients of reimbursement by March 18 of the academic year preceding
the academic year for which the reimbursement is applicable if the Provost
has received the recommendations from the Faculty DevelopmentResearch
and Patent Committee, as aforesaid, by the preceding March 1.
I.[F]Additional
Faculty Development Support
The University may
grant additional faculty development support to members of the bargaining
unit, provided that research leaves, professional development leaves, and
summer fellowships may be granted only pursuant to the procedures set forth
elsewhere in this Article.
INTELLECTUAL PROPERTY [PATENT POLICY]
Scope
This
Article sets forth the rights and obligations of the parties hereto as
to intellectual property rights of the University and of the members of
the bargaining unit, such rights to include, but not to be limited to,
rights in intellectual property that can be trademarked, copyrighted or
patented.
Definitions
Copyright/Copyrightable
Original
works of authorship, including computer programs, fixed in any tangible
medium of expression, now known or later developed, from which such works
can be perceived, reproduced, or otherwise communicated, either directly,
or with the aid of a machine or device. Works of authorship include the
following categories:
literary works;
It
shall be presumed that intellectual property created, made or originated
by a bargaining unit member covered by this Agreement shall be the sole
and exclusive property of such member for perpetuity or so long as the
federal law applicable thereto allows, except as that he/she may choose
individually to contract away such property in full or in part, and further
except as the University may expect a faculty member to create syllabi,
assignments, and tests for students limited to classes taught in the faculty
member’s department or program, in which case the university shall have
the right to expect the faculty member to use such materials in his or
her aforesaid classroom and the university shall not be expected to pay
royalties for said materials but may not transfer ownership or sell the
use of said to others than the creator; provided further, that if such
contractual arrangements are made between the bargaining unit member and
the university that, the AAUP also be a party, thereto; otherwise there
shall be no restrictions upon the bargaining unit member except as otherwise
explicitly set forth herein. Creatorship of intellectual property shall
be presumed in the claiming bargaining unit member as against the university.
Intellectual property created by the bargaining unit member in the fulfillment
of the his/her normal duties and responsibilities under this collective
bargaining agreement is presumed to belong to the bargaining unit member
for proprietary or marketing purposes outside of the university but is
available to the university for internal review and for review by external
agencies regulating the university.
The
University and the bargaining unit member are joint owners of intellectual
property when they enter into a specific agreement to create such intellectual
property and this agreement defines the development obligations and ownership
share of each party. This shall be the case only when the University has
agreed in advance to provide support to the bargaining unit member above
and beyond that normally and typically available to bargaining unit members.
Under no circumstances shall such joint ownership apply to materials developed
for University courses.
Obtaining Copyrights, Patents or Trademarks
It
shall be the obligation of the creator of the intellectual property to
act to protect his or her rights pertinent thereto under the law. Nothing
set forth herein shifts the aforesaid obligation from the creator to either
the University or the AAUP.
A.
[Reasons for the Patent Policy]
[Rider
University has as its primary mission teaching and research and the unrestricted
publication and use of the results of such research. The University, however,
realizes that research of its faculty and students and staff may result
in inventions or discoveries, which should be protected for one of the
following reasons:
2.
to fulfill terms of a research contract with sponsoring agencies;
3.
to encourage invention and insure adequate regard for the inventors;
4.
to augment research facilities and research funds from the University's
share of income derived from inventions or discoveries.
B.
[Implementation of Patent Policy]
[Authority
to implement this Patent Policy and to decide questions of ownership of
rights to inventions or discoveries and of the apportionment of interest
among or between investigators and their associates shall be vested in
the President of the University, with the advice and consultation of the
Faculty Research and Patent Committee, established in Article XXVII, Section
A, and in accordance with the academic governance procedure contained in
this Agreement. Decisions relating to ownership or rights to inventions
or discoveries shall in no way be deemed or construed as a determination
of inventorship but merely as a determination of the allocation of academic
and financial interest in such discoveries or inventions.]
C.
[Principles of Ownership
Technical
information, inventions, discoveries, and items of commercial importance
resulting from investigations conducted by staff members, employees, or
students of Rider University which]
2.
[result from an employee's duties or a student's academic pursuit within
the University; or]
3.
[was conducted utilizing to a substantial degree the University's resources
or facilities, shall be the property of Rider University. In the event
that investigations result in a discovery or invention which may be patentable,
the University reserves its right to protect such information, inventions,
discoveries, and items and each shall be assigned to the University or
its designees unless the University waives its rights to such assignment,
in accordance with the terms of Section E of this Policy.
D.
[Equity of Participants
The
University, recognizing the interests of its staff members, employees,
students, sponsors, or other cooperating agencies in inventions and patents
arising from investigations, guarantees the following equity to participating
parties:]
The
principles of ownership stated in Section C apply; the investigator will
be compensated as provided for in Section E (1).]
2. [ Investigations Sponsored by a Third Party
Contracts involving sponsorship of research at Rider University or collaboration between an investigator conducting research at Rider University and an outside agency which required that all, or a portion, of the rights in or to inventions and discoveries be given to the outside agency, shall be submitted to the Faculty Research and Patent Committee for its counsel and suggestions.
The
terms of the written agreement between the University and granting agency
will be binding. Generally this agreement will provide for ownership of
the patent to be vested in the University and that the sponsor will be
granted a non-exclusive license to the patent (without sub-licensing rights)
on the terms no less favorable than may be granted to any other licensee
of the same patent. The inventor may be compensated as provided for in
the agreement or as under Section E (1).]
3. [Investigations Conducted by Employees or Students in Whole or in Part on Their Own Time at Their Own Expense
Conditions
under which the discovery was made shall be reported to the Chairperson
of the Faculty Research and Patent Committee and ownership will be determined
as follows:]
b.
When a discovery is made partly at the expense of the investigator with
the use of University facilities or in the normal field of the individual's
University employment, the Faculty Research and Patent Committee will recommend
to the President a division of rights and compensation to the inventor
or inventors and their associates, as outlined under Section E.]
Where
the University has full ownership rights or where the University received
income from inventions made by employees or students, the inventor's compensation
will be as follows:
2.
Where inventions are administered by the University, the inventor receives
50% of the net income.]
It
shall be the responsibility of the investigator or investigators and of
each of their associates to alert the Chairperson of the Faculty Research
and Patent Committee, the concerned
department chairperson, the dean of his/her/their college and the President
of the University, in writing, of any invention or discovery involving
potentially patentable items and the conditions under which these discoveries
or inventions were made.]
[Failure
to report a discovery or invention of patentable or potentially patentable
value may result in forfeiture of all or part of the defaulting investigator's
equity in the discovery or invention and may be dealt with by the University
as a breach of the Patent and Confidential Information Agreement referred
to in Section G.]
[Once
the interest of the University in the invention or discovery has been established,
after careful consideration and on the advice of counsel, if desired, the
Faculty Research and Patent Committee may recommend any one of the following:]
[2.
In the event that it should appear that the invention or discovery is in
the interest of the public, the Committee shall recommend to the President
that the inventor be directed to publish his findings in a professional
journal or a special university publication.]
[3.
The Committee may decide, in cooperation with the inventor, to recommend
protection of the invention or discovery through a patent. The Committee
will then recommend to the President that the invention be turned over
to the Research Corporation of New York or other non-profit patent administration
organization for patenting in accordance with the terms of the contract
then in effect or that the University secure the services of a patent attorney,
or other specialists.]
[4.
The Committee may decide to recommend exploitation of the invention as
a commercial item. Any invention placed in commercial use but not patented
by the University shall be subject to the same terms, conditions, and restrictions
as any invention for which a patent has been obtained.]
[5.
The Committee may, after careful review, find that the University has no
further interest in the invention and may recommend to the President that
the invention be referred to the inventor to exploit as he/she sees fit.]
[The
President of the University, through the Chairperson of the Faculty Research
and Patent Committee, must notify the investigator of the intention of
the University to refer the invention or discovery to the Research Corporation,
patent counsel, or other agents or agencies for the initiation of steps
in the exploitation of the invention or discovery within ninety (90) days
of the date of the investigator's disclosures in accordance with Section
F hereof.]
[The
University must cause such invention or discovery to be thereafter referred
to the foregoing persons, corporations,
or agencies within six (6) months of the disclosure, or it shall be deemed
that the University has waived its rights and interests in the discovery
or invention and that the investigator or investigators may publish, disclose,
or dispose of the results of his/her/their investigation as he/she/they
may desire.]
G.
[Confidentiality Agreement]
[The
University may require the execution of a Patent and Confidential Information
Agreement by each present and future bargaining unit member at the time
of his/her employment or thereafter at such time as it appears that such
bargaining unit member shall be exposed to confidential information pertaining
to patentable items or information, or is in a position to participate
in discovery or invention of such items or information.]
SICK LEAVE
A. Schedule
Full-time members of the bargaining
unit shall be entitled to compensated sick leave in accordance with the
following schedule:
More than | But Less Than | Full Pay | 75% Pay | 50% Pay | 25% Pay | Total Weeks Comp. Sick Leave |
0 | 1 | 2 | - | - | - | 2 |
1 | 2 | 3 | 1 | 1 | 1 | 6 |
2 | 3 | 4 | 2 | 2 | 2 | 10 |
3 | 4 | 5 | 3 | 3 | 3 | 14 |
4 | 5 | 6 | 4 | 4 | 4 | 18 |
5 | 6 | 7 | 5 | 5 | 5 | 22 |
6 | 7 | 8 | 6 | 6 | 6 | 26 |
7 | 8 | 9 | 7 | 7 | 7 | 30 |
8 | 9 | 10 | 8 | 8 | 8 | 34 |
9 | 10 | 11 | 9 | 9 | 9 | 38 |
10 | 11 | 12 | 10 | 10 | 10 | 42 |
11 | 12 | 13 | 11 | 11 | 11 | 46 |
12 | 13 | 14 | 12 | 12 | 12 | 50 |
13 | 14 | 15 | 12 | 12 | 12 | 51 |
14 | 16 | 12 | 12 | 12 | 52 | |
B. Accrual
Unused sick leave may
not be accrued.
C. Replacement
During the first two
(2) weeks of sick leave taken by a member of the bargaining unit, the affected
department shall cover the professional assignments of such member of the
bargaining unit. Thereafter, if such sick leave continues beyond the initial
two-week period, the University shall secure a suitable replacement for
each member of the bargaining unit.
D. Pregnancy and
Childbirth Leaves
Disability by reason
of pregnancy and childbirth shall be covered by the above sick leave provisions.
E. Deductions
Whenever eligible,
bargaining unit members shall be required to apply for Temporary Disability
insurance benefits.
Compensation received
by a member of the bargaining unit from Rider University or as a result
of a benefit provided by Rider University in relation to illness or disability
shall be deducted from any sick leave compensation hereunder. However,
no such deduction shall be made for hospitalization and/or medical benefits
received by such member the bargaining unit.
F. Certification
The University may
require bargaining unit members to provide medical certification of illness
hereunder, after their use of ten (10) days of paid sick leave.
G. Coverage
Sick leave under this
Article shall be available to full-time members of the bargaining unit
for absence from normal university activities because of illness or personal
injury.
I. Return From Sick
Leave
Full-time members of
the bargaining unit who return to work from a period of sick leave of six
(6) or more consecutive weeks during a single term shall not be required
to resume classroom instruction for the remainder of that term if the period
remaining in the term is two (2) weeks or less. The University shall continue
to consider on a case-by-case basis requests from members of the bargaining
unit not to resume classroom instruction if the period remaining in the
term is longer than two (2) weeks.
COMPENSATION AND EMPLOYEE BENEFITS
The
compensation proposal will be provided at a later date.
SALARY ADJUSTMENT
A. Conditions for Salary Adjustment
In the event that a full-time
member of the bargaining unit receives an offer of full-time employment
from another institution of higher education, upon the presentation to
the University of a written offer of appointment signed and dated by an
appropriate agent of the offering institution, the University may offer
to increase the base wage rate of such bargaining unit member to an amount
that either exceeds or equals the wage rate offered by the other employer;
may offer to increase the base wage rate of the bargaining unit member
by an amount that is less than the wage offered by the other employer;
or may decline to make any offer of an increase in the wage rate of the
bargaining unit member.
B. Procedures for Salary Adjustment
Copies of the documentation of
the offer of employment from another employer, together with the University's
final written offer in response thereto, shall be forwarded to the AAUP
by the University. If accepted, any such offer of increased compensation
shall be made effective as the individual and the University may agree,
but no such offer shall take effect retroactively.
VOLUNTARY SEPARATION [RETIREMENT]
A. Phased Voluntary
Separation [Retirement]
Full-time bargaining unit members who attain at least age fifty-seven (57) during the term of this Agreement and who have completed at least ten (10) years of full-time employment at the University are eligible for the phased voluntary separation [retirement] program. Statements of intent to voluntary separate [retire] from eligible full-time bargaining unit members under this provision are irrevocable and must be received by the University by November 15 of the year preceding the academic year in which the phased separation [retirement] is to begin. Separation [Retirement] shall take effect no later than June 30, 199_. During the period of phased separation [retirement], such bargaining unit members who are members of the teaching faculty shall teach half-load and fullfill all applicable non-teaching responsibilities. All other members of the bargaining unit in phased separation shall work half their normal hours. All [Such] bargaining unit members shall receive full benefits and compensation at two-thirds of the full-time salary that they would have received had they not selected phased retirement. Positions of such bargaining unit members shall not be declared vacant until the completion of the phase-out period.
B. Voluntary Separation Incentive
Age
10-19 year’s
20 or more
At
of full-time
year’s of full
Separation
service at Rider
time service at Rider
59-1/2
–62 100% final year’s
200% of
annual base salary final
year’s annual base salary
62
–65
75% final year’s
175% of
annual base salary final
year’s
annual base salary
65-67
50% final year’s
150% of
annual base salary final year’s
annual base salary
67-70
25% final year’s 100% final
annual base salary year’s
annual base salary
71
or Older Separation
Separation
Incentive not
Incentive
applicable
not applicable
After reaching the age of seventy (70), members of the bargaining unit who have voluntarily separated shall, to the extent permitted by the applicable insurance carrier, be permitted to participate in, and make payment at their own expense, for continued group rate membership in the University’s health benefits and major medical insurance plans or an HMO.
Members of the bargaining
unit and the University shall be free, on a case-by-case basis, to negotiate
directly and agree upon the terms and conditions of separation[retirement]
of any such member of the bargaining unit. If an individual member of the
bargaining unit so elects, the AAUP may represent such individual in negotiation
with the University. Terms agreed upon with respect to one individual shall
not bind the University to offer or agree upon the same or similar terms
with respect to any other individual.
TRANSFER OF FACULTY
A. Initiation and Review Procedures for the Transfer of Bargaining
Unit Members
A request to transfer a bargaining unit member from one academic department or division to another may be initiated by the Provost, by a dean, by the department or division to which the bargaining unit member would transfer ("Requested Department"), or by the affected bargaining unit member ("Individual"). The aforementioned parties may also initiate requests to transfer an Individual from one discipline to another ("Requested Discipline") in a multi-disciplined department, as specified in Article XIV, Section D.
Regardless of the source
of the request, consultation shall occur among the Individual, the dean
of the Individual's college, the chair and members of the Individual's
department or division, the dean of the Requested Department's college,
and the chair and members of the Requested Department. The University shall
not transfer an Individual without the approval of both that Individual
and the Requested Department.
Procedures for initiating
requests to transfer an Individual from one department or division to another
or from one discipline to another in a multi-disciplined department shall
be as follows:
If the Provost or a dean seeks to initiate a transfer, he/she shall notify the chair and members of the Requested Department.
2. Initiation by a Department or Division
If a department or
division seeks to initiate a transfer, the chair shall notify the dean
of his/her college.
3. Initiation by an Individual
If an Individual seeks
to initiate a transfer, he/she shall request such transfer through his/her
chair, who shall notify the dean of his/her college.
B. Rank, Tenure,
and Seniority
Rank and tenure of
all bargaining unit members are determined by the provisions of Articles
VI, VII, VIII, and X. An Individual's rank and tenure shall not be affected
by a transfer. An Individual transferred from one department, division,
or discipline to another shall accrue seniority for the purposes of lay-off
both in his/her previous department, division, or discipline and in his/her
new department, division, or discipline for a period of five (5) years.
Thereafter, he/she shall accrue seniority for the purposes of lay-off only
in his/her new department, division, or discipline.
SEPARABILITY
In the event any provision of this Agreement, in whole or in part, is declared to be illegal, void, or invalid by any court of competent jurisdiction or any administrative agency having jurisdiction, all of the other terms, conditions, and provisions of this Agreement shall remain in full force and effect to the same extent as if that provision had never been incorporated in this Agreement, and in such event the remainder of this Agreement shall continue to be binding upon the parties hereto.
LENGTH OF CONTRACT: FUTURE NEGOTIATIONS
A. Expiration of
Contract
This Agreement shall
be effective as of September 1, 1999 [1994],
except as specifically provided herein, and shall expire on the 31st day
of August, 2000. [1997].
B. Future Negotiations
The parties shall commence
negotiations toward a new collective bargaining agreement on or about June
1, 2000. [1997].
Prior thereto, both the AAUP and the University shall exchange proposals
for inclusion in such new collective bargaining agreement by May 1, 2000.
[1997].
ENFORCEABILITY
A. Parties to Enforcement
This Agreement shall
be binding upon and is exclusively between the Rider University Chapter
of the AAUP and Rider University. All rights and privileges claimed under
the terms of this Agreement shall be enforceable only by the AAUP and by
Rider University unless otherwise specifically provided herein.
B. Parties Authorized
to Act for the University
No department chairperson
acting for the University under this Agreement who has not been duly appointed
under the terms of this Agreement (except the associate deans or directors
who direct graduate divisions) shall carry out administrative functions
under this Agreement.
C. Priority of This
Agreement
The rights, privileges,
and obligations of the parties hereto, and all of the terms set forth in
this Agreement, shall be incorporated by reference into and made part of
any individual agreement between such member and the University. In the
event of a conflict between terms of any individual agreement and the terms
of this Agreement, the latter shall be controlling.
ATTESTATION
IN WITNESS WHEREOF,
the parties hereto have executed this Agreement as of the day and year
first above written.
Dated: Lawrence Township
New Jersey
April 21, 1995
Rider University Rider University Chapter of the
American Association of
University Professors
__________________________ __________________________
President
__________________________ __________________________
Chief Negotiator
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