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.
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.
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.
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.
1. Meetings
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.
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.
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.
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.
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.
The office, telephone numbers, and the AAUP's administrative assistant
shall be listed in the Rider University Personnel Directory.
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.
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.
a. Appointments to faculty rank with the special designation "Adjunct"
shall be limited to part-time appointments made on a semester-by-semester,
or year-by-year basis. Bargaining unit members holding adjunct faculty
rank shall be assigned such rank in and assigned to a department, program,
or division within a college or the University. Persons with appropriate
academic qualifications may be appointed Adjunct Lecturer, Adjunct Instructor,
Adjunct Assistant Professor, Adjunct Associate Professor, or Adjunct Professor
[on a part-time basis,] as needed.
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.
The following procedures shall apply to all persons appointed by
the University to fill full-time bargaining unit positions:
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.
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.
a. The department must approve the suspension of sections A4 and A5 of this article and the appointment of the Proposed Appointee by a two-thirds vote of the full-time members (including the chair). Where the two-thirds of all full-time members equals a fraction, the number of votes necessary for approval will be rounded upward. (Example: If the department consists of 13 members, including the chair, nine [that is, 13 x 2/3 - 8.6, rounded upward] votes are necessary for approval.) A department should take this step only when it believes that carrying out a full search would lead to exactly the same outcome as suspending the search.
b. The Proposed Appointee must be (1) a full-time academic administrator
who will have been employed by the University in an academic position for
a minimum of 24 months on the effective date of the appointment, whose
administrative position is being eliminated, and who is nominated by the
Rider administration, or (2) an "Acting" member of the faculty for a minimum
of four consecutive semesters (irrespective of summer sessions) as of the
effective date of the appointment, or (3) an adjunct faculty member holding
Priority Appointment Status, or (4) an assistant coach for a minimum of
four consecutive semesters as of the effective date of the appointment
to a head coach position.
c. If the department approves the waiver of sections A4 and A5 in accordance
with section (a) above, and approved the appointment of the Proposed Appointee,
the appointment will proceed in accordance with all other relevant provisions
of the Agreement. If the department does not approve the waiver and the
appointment of the Proposed Appointee, a search will be conducted and a
candidate selected in accordance with the provisions of this article. Such
candidate may be the Proposed Appointee or any other individual who meets
the requirements of the Agreement.
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.
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:
1. Leave of Absence
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.
[C].D. Modifications in Appointment Procedures
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.
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.]
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.
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.
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.
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.
a. he/she has had no employment relationship with the University for two (2) or more years, or
b. he/she has spent at least two (2) years out of the bargaining unit
in a non-faculty classification at the University.
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.
It is the responsibility of the department to develop in writing,
clearly stated criteria for each rank. Said criteria will be consistent
with the standards for promotion and tenure specified in this article and
the department will apply those standards to the specific demands of the
department's discipline or disciplines. It shall also be the responsibility
of the department to provide guidance to new faculty members as to the
departmental expectations for promotion and tenure. It is the responsibility
of the bargaining unit members of the department to evaluate the academic
competence and professional expertise of the candidate based upon the record
and materials submitted by the candidate and to provide a thorough and
documented recommendation to the appropriate Promotion and Tenure Committee.
It shall be the responsibility of the Chairperson to assure that
new faculty members receive a copy of the departmental criteria and to
provide guidance as to the departmental expectations for promotion and
tenure. It shall also be the responsibility of the chair to evaluate the
academic competency and professional expertise of the candidate and to
provide a thorough and documented recommendation to the appropriate Promotion
and Tenure Committee.
It is the responsibility of the members of the Promotion and Tenure
Committee to evaluate the adequacy of the submitted documentation and the
extent to which the candidate's qualifications and performance meet the
departmental 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 for properly documented
judgements presented in the departmental recommendation(s). However, the
Promotion and Tenure Committee is responsible for evaluating the adequacy
of the doocumentation oof the departmental recommendation.
It is the responsibility of the Board of Trustees to review the
Promotion and Tenure Committee's recommendation(s) and to render a decision
concerning the candidate based upon the documentation and the written record
forwarded to it. Members of the Board of Trustees shall not, without written
substantive basis, substitute their judgements on the professional expertise
of the candidate for the properly documented judgements presented in the
departmental and Promotion and Tenure Committee recommendation(s).
All participants in the Promotion and Tenure process recognize that
the burden of proof at each stage rests with the positive case.
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.
b. 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
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.
c. 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.
[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
Each department shall establish written criteria for each rank consistent
with the standards for promotion and tenure specified in this article.
These criteria will apply those standards to the specific demands of the
department's discipline or disciplines. Departments acting through the
Department Chair shall supply a copy of these criteria to each new tenure
track faculty member and will provide guidance to new faculty members as
to the departmental expectations for promotion and tenure. Candidates shall
be held to those standards and criteria in place when they were initially
hired. Departments may not require a candidate to include student course
evaluations as part of his/her criteria for promotion and tenure. Nor may
the members of the Department or any other individual or group involved
in the promotion and tenure process draw a negative inference based upon
a candidates decision not to submit student course evaluations as part
of his/her credentials. [The Promotion and Tenure Committee shall evaluate
the adequacy of the submitted documentation and its consistency with such
standards and requirements]. Each department shall establish its own procedures
for the preparation of its recommendation, [in accordance] consistent with
the provisions of this Article: [following guidelines:]
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.
3. Departmental and Chairperson Evaluations
The department shall meet to discuss and evaluate the qualifications
of each candidate for promotion and/or tenure from the department. Each
full-time department member who is eligible shall attend the meeting and
provide reasons for support or non-support of the candidate at such meeting.
It shall be the professional responsibility of the department to complete
a written recommendation(s) with respect to an application for promotion
and/or tenure based upon the department's evaluation of the candidate's
qualifications. Each such recommendation shall explain how those judgements
are consistent with the standards and criteria for the relevant rank established
in this article and applied to the candidate's discipline using the departmental
criteria. It shall be the professional responsibility of each full-time
member of the department to sign a written recommendation with respect
to each such candidate, which recommendation shall indicate support or
non-support of the candidate, with respect to an application for promotion
and/or tenure.
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:]
a. If one of the elected bargaining unit members, other than the member at-large, is a member of the candidate's department, any alternate elected to the Committee shall serve in his/her place.
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.
7.[6]. Decisions of the Board of Trustees
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.
a. Candidates whose applications for tenure have not been supported by the Board of Trustees, after having been recommended for tenure by the Promotion and Tenure 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.
Such candidates may appeal in writing to the Board of Trustees Appeals
Committee within fifteen (15) days from the day of the candidate's receipt
of the Board's decision. The candidate shall also indicate in writing whether
he/she wishes to be accompanied by representative member(s) of the AAUP
at the Appeals Committee interview and whether he/she wishes to receive
a written decision of the Appeals Committee's determination as allowed
by Section C(4) herein.
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-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.
a. No member of the bargaining unit may apply for tenure prior to
his/her second year of service at Rider University. The process of evaluation
must be initiated no later than the beginning of the faculty member's sixth
year of service, including up to three (3) years of prior service as defined
below.
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.
a. Except for the provision for Instructors in Article VI, Section
A(2), no applications for promotion may be made in the first year of employment
in a faculty position at Rider University. Application for promotion to
the ranks of Assistant Professor I and II and Associate Professor may be
made only once prior to the required application for such promotion so
as to make the candidate eligible for continued employment by the University.
Application for promotion to the rank of Professor [or application for
promotion by a tenured Assistant Professor] may be made initially in two
(2) consecutive years. Subsequent applications may be made only at the
expiration of a three-year period after a denial of such application for
promotion or upon the recommendation of the appropriate dean.
b. The timetable set forth in Section F(1g) relating to tenure shall
be applicable to application for promotion as well.
(i) The candidate's documented credentials shall be completed by
October 10 and the department, or the committee thereof working on the
departmental evaluation of the candidate, shall commence meeting by November
1. The department and chairperson shall forward their written recommendations
to the candidate no later than November 15.
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.
October 10 Candidate's documented credentials completed and submitted to his/her department.
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.
(ii) The Promotion and Tenure Committee shall commence meeting to review
materials received in connection with tenure applications during the first
week of January. The Promotion and Tenure Committee shall forward to the
appropriate parties its written recommendation(s) concerning the granting
or non-granting of tenure by February 1. Rehearings by the Promotion and
Tenure Committee as specified in Section B (5e) above shall be completed
by March 7.
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.
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.
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.
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.
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.]
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.
a. Bargaining unit members in their first year of employment at the University shall submit their documented records to the department by February 1. The department shall forward its recommendation(s) to the dean by February 20.
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.
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.
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.
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.
Standard of notification for reappointment and non-reappointment
shall be as follows:
[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]
Department chairpersons and Program Directors shall serve a five-year
renewable term of office and may be reviewed by the members of the department
or program in any year of that term. [Five-year terms for department chairs
appointed prior to September 1, 1994, shall begin on September 1, 1994.
Five-year terms for department chairs appointed on September 1, 1994, or
thereafter shall begin on the effective date of appointment.] If the members
of the department or program choose[s] to carry out a review of the chairperson,
the written [departmental] review shall be given to the chairperson or
director with a copy to the dean of the college by March 1.
A vacancy in the position of department chairperson or program director
shall occur for the following reasons:
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
the bargaining unit shall be treated like all other bargaining unit
members by both the AAUP and the University.
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.
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.
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.
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.
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.
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.
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.
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.
The college APCs shall have jurisdiction over the following matters:
a. student advising;
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.
Notwithstanding the foregoing, upon agreement of the dean and five (5) other members of a college APC, 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.
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.
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:
a. development of priorities for professional activities;
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.
a. Distribution of Proposed Policies
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
1. Proposal for new programs must be submitted for review and approval by the appropriate APC. Proposals may be submitted by the Dean, or by faculty members working as a group for the purposes of submitting a proposal. Proposals will include the following material for review:
i. A list of the faculty who will constitute the faculty of the program along with the qualifications of that faculty (demonstrated scholarly activity, publications, workshops, course work, etc). Evidence should be provided that the submitting committee has attempted to recruit all interested and qualified faculty. Once approved by the APC this faculty will constitute the faculty of the program and may add additional faculty who apply to faculty of the program by majority vote, (such additional names to be provided to the Dean so that an accurate list of the faculty of the program may be kept). This faculty will then play the same role vis a vis the running of the program as the faculty of a department plays in running the department. This will include proposing new courses to the APC, proposing changes in the program requirement to the APC, development of a workload plan. The removal of a bargaining unit member from the list of program faculty without his/her approval will be considered an act of discipline.
ii. A clear and concise statement of the academic need, purpose and
objectives of the program and why those objectives can not be met by existing
departments and programs.
iii. An analysis of potential student interest and the budgetary impact of the new program. Such budgetary analysis will include additional faculty support; equipment and additional library resource needs in order to offer the new program.
iv. The curricular requirements of the new program should be described
in detail. These should include the courses which will comprise the program
and whether they are existing courses which are to be cross-listed or new
course which would fall under the program's workload. New course proposals
must be included with the proposal but will be reviewed for approval once
the program is established. In addition, the requirements for the programs
major, minor, course tracks, concentrations or certificates shall also
be included. When reviewing program requirements and courses the APC should
reference the standards and guidelines of the relevant national associations
when such standards and guidelines are available.
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.
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:
1. student advising;
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).
The Dean of the Libraries will meet with the UAPC and review the acquisition budget of both Moore and Talbott Libraries each year prior to the adoption of those budgets. The UAPC may make recommendations for changes in those budgets and while the University shall not be bound by those recommendations it shall give them serious consideration.
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.
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.
A proposed academic policy may be brought to a vote concerning its enactment only in one of the following ways:
a. A vote of at least four (4) members of the Committee, including the dean or Director of Library Services, in favor of curtailing discussion and debate and voting on the proposed policy.
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) [(the maximum 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.
A proposed academic policy may be brought to a vote concerning its enactment only in one of the following ways:
a. A vote of at least eleven (11) members of the Committee in favor of curtailing discussion and debate and voting on the proposed policy.
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.
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.
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.
a. demonstrable impact on University finances or resources, which is substantial in terms of the program(s) which the policy affects;
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.
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 for all members of the bargaining unit shall be
kept in the Provost's Office.
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.
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.
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.
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.
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.
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:
1. appointment letters and non-reappointment letters;
2. staff information forms;
3. any report(s) from Promotion and Tenure Committees concerning such
individual.
a. written notice of lay-off, together with documenting evidence supporting the conclusion that financial exigency exists. [one or both of the above reasons for lay-off exists;]
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.
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.
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:
1. part-time members of the bargaining unit;
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.
During this Agreement, the departments which are multi-disciplined, and their separate disciplines are as follows:
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
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:
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.
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.
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.
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.
Recall from lay-off in an affected department or discipline shall
be by groups as follows:
1. tenured bargaining unit members by order of seniority;
2. non-tenured bargaining unit members by order of seniority;
3. part-time bargaining unit members.
In order to be entitled to recall from lay-off, bargaining unit members laid off under this Article shall be required to make an annual written request to the University for reinstatement or recall, which written request shall also set forth the bargaining unit member's address to which notification of reinstatement or recall may be sent. A copy of such annual request shall also be forwarded by the bargaining unit member to the AAUP. Bargaining unit members laid off under this Article shall have recall rights hereunder for a period of three (3) years from the date of lay-off. The University shall give reasonable notice of any such offer of reinstatement or recall to the bargaining unit member at the address in his/her last request, or, if prior to the receipt of any such request, to the address contained in the University's records for such bargaining unit member.
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.
By September 1 of each academic year, the University shall supply
to the AAUP a current seniority list of full-time bargaining unit members.
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.
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:
a. according to the procedures of Article XXXIII ("Transfer of Faculty") or
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.
a. Members of the professional athletic staff shall be eligible,
if elected, to serve as members of the College of Education and Human Services
Academic Policy Committee and, if elected by the bargaining unit members
of such Committee, to serve as members of the University Academic Policy
Committee.
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.
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.
The following periods of notice shall be given by the University
in the event of non-reappointment hereunder.
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.
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.
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.
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.
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.
A full-time, 10-month secretary shall be assigned to the Maurer
Building to provide service to the athletic programs housed there.
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.
1. Full-time professional athletic staff will have a base contract
of ten months, with two "out of contract" months to fall between May 1
and August 31. The exact date of the out of contract periods will be determined
by the full-time coach/coaches in each sport consistent with the needs
of the program, and shall be taken in no more than two blocks of time.
2. The parties recognize that while a full-time coach's primary responsibility
to the University extends only during his/her ten month contract period,
he/she may carry out some professional activities during his/her "out of
contract" months without being considered a twelve month employee. Such
professional activities are at the discretion of that coach and may include
such things as professional development, team planning and recruiting.
Nothing in this Agreement will be construed as creating an obligation on
the part of any member of the professional staff to carry out such activities
during his/her "out of contract" months, and no member of the professional
staff shall be penalized in any way for failing to carry out such activities
during his/her "out of contract " months. Further, no member of the athletic
department shall require or assign any coach such activities during his/her
"out of contract" months, except as specified below.
3. A full-time Head Coach will be considered to be a twelve month employee and therefore entitled to the additional compensation specified under Article XV only when:
a. he/she is assigned additional and specific duties by the Athletic Director, above and beyond those duties normally and typically expected of all full-time head coaches, and those additional and specific duties extend into his/her two month "out of contract" period, or
b. his/her normal assigned coaching activities extend into his/her two
month "out of contract" period provided, however, that when, under exceptional
circumstances, such as NCAA championship play, a full-time head coach performs
services (in addition to those already excepted under [2] above) during
a limited portion of her/his "out of contract" period, such exceptional
services shall not convert that coach into a twelve month employee; rather
s/he shall be compensated on a pro rata weekly basis.
4. A full-time Assistant Coach will be considered to be a twelve month employee and therefore, entitled to the additional compensation specified under Article XV only when:
a. he/she is assigned or required by a member of the athletic department
to perform any duties connected with the Athletic Program during his/her
two month "out of contract" period, or
b. his/her normal assigned coaching activities extend into his/her
two month "out of contract" period, provided, however, that when, under
exceptional circumstances, such as NCAA championship play, a full-time
assistant coach performs services (in addition to those already excepted
under [2] above) during a limited portion of her/his "out of contract"
period, such exceptional services shall not convert that coach into a twelve
month employee; rather s/he shall be compensated on a pro rata weekly basis.
5. A full-time Athletic Trainer will be considered to be a twelve month employee and therefore entitled to the additional compensation specified under Article XV when:
a. he/she is required by the Athletic Director to perform any professional training duties for the university during his/her two month "out of contract" period,
b. Provided, however, that when s/he chooses to perform such services
for a brief period under exceptional circumstances during her/his time
"out of contract" period, such as NCAA championship play, s/he shall not
be converted to a twelve month employee; rather s/he shall be compensated
on a pro rata weekly basis.
6. Professional Athletic Staff on a twelve month contract shall accrue vacation time on the basis of twenty vacation days a year, and may accumulate and carry over to a subsequent year up to a maximum of twenty (20) days of paid vacation.
7. The AAUP will be notified of each Professional Athletic Staff member who is on a twelve-month contract with the reasons therefore.
Part-time members of the bargaining unit who teach graduate level courses shall be required to meet all of the standards for promotion established for full-time bargaining unit members in Article VIII.
A. Initial Hiring of Adjunct Faculty
Both parties to this Agreement recognize the importance of assuring
the quality of teaching that occurs in Rider University regardless of whether
that teaching is done by a full-time member of the faculty or an adjunct
member of the faculty. In order to assemble a pool of qualified adjunct
faculty the following procedures shall be followed in hiring and evaluating
adjunct faculty.
1. It shall be the responsibility of the member of the relevant department or program to review the credentials of candidates for adjunct faculty positions and to make recommendations to the appropriate dean for appointment. The Dean consistent with the other elements of this Agreement shall offer an adjunct contract to the individual(s) recommended by the faculty of the department or program.
2. It shall be the responsibility of the faculty of the department or
program within which an adjunct faculty member is teaching to evaluate
the quality of that adjunct faculty member's teaching for the purpose of
the professional development of the adjunct faculty member and for purposes
of future recommendations to the Dean for adjunct appointment. Such evaluations
and recommendations shall be based solely on the teaching effectiveness
of the adjunct faculty member.
B. Seniority Status of Adjunct Faculty
1. Adjunct faculty who have taught thirty-six (36) hours for the University shall be given seniority status for courses for which they are qualified. Appointment to courses from this pool of qualified adjunct faculty shall occur in the following order:
a. Adjunct faculty with Priority Appointment Status shall first be offered courses up to their maximum allowed workload. 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 section 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.
b. Adjunct faculty in the seniority pool who do not hold priority appointment
status will then be offered courses up to their allowable workload.
If there are insufficient available courses or sections to provide
qualified adjunct faculty in the seniority pool with, as many courses/sections
they have requested, the available courses shall be awarded on the basis
of seniority. Seniority for the purpose of this section 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.
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.
C. Hiring of Part-Time Teaching Faculty
1. Priority Appointment Status
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:
a. Part-time of the bargaining unit appointed to departments on the Lawrenceville campus who, [as of September 1, 1991, taught an average of twelve (12) hours per year during the Fall semester, January Term, and/or Spring semester for the previous three (3) years shall continue to maintain Priority Appointment 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.
C. Adjunct Priority Appointment Status
1.[b] [Part-time] Adjunct members of the bargaining unit appointed to teaching departments or programs on 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] adjunct faculty 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] adjunct members 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. Adjunct Workload
Adjunct members of the bargaining unit appointed to departments or programs on the Lawrenceville campus who held Priority Appointment Status as of September 1, 1994, and who continue to hold Priority Appointment Status shall continue to be eligible to teach up to nine (9) contact hours in a single semester but shall not be eligible to claim full-time status because of such teaching load. All other adjunct members of the bargaining unit appointed to departments or programs on the Lawrenceville campus shall teach no more than six (6) contact hours in a single semester. Adjunct members of the bargaining unit appointed to departments on the Westminster campus prior to September 1, 1999 shall be eligible to teach up to nine (9) contact hours in a single semester or the equivalent in applied hours, but shall not be eligible to claim full-time status because of such teaching load. All other adjunct members of the bargaining unit appointed to departments or programs on the Westminster campus shall teach no more than six (6) contact hours in a single semester.
D. Notice of Workload
The University shall provide [part-time] adjunct faculty 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] adjunct members 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 adjunct [part-time]
members of the faculty without Priority Appointment Status shall be reassigned
to the faculty member whose course was canceled. Courses assigned to an
adjunct 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 an adjunct [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 an adjunct [part-time] member
of the faculty holding Priority Appointment Status. Sections assigned to
an adjunct 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.
E.[D] Application Procedures for Priority Appointment Status
To apply for Priority Appointment Status, an adjunct faculty member who meets the eligibility requirement set forth in this article shall notify his/her departmental chairperson, program director [To apply for Priority Appointment Status, a part-time faculty member who meets the eligibility requirements set forth in Section C (1c), C (1e), or D (2) shall notify his/her department chairperson or the Director of Library Services] by October 15. The full-time members of the department shall have the professional responsibility to evaluate the teaching effectiveness or support of the teaching-learning process of such individual and to submit to the dean [or Director of Library Services] by November 15 a recommendation concerning Priority Appointment Status for such individual. This recommendation shall be based solely on the evaluation of the adjunct member's teaching effectiveness or support of the learning process. The evaluation shall follow the same procedures for departmental participation, candidate's review of department's and chairperson's reports, and dean's review as set forth for non-tenured faculty members in Article X, Sections A (1-3) and B. The dean [or Director of Library Services] shall send to the candidate a written evaluation by December 15, specifying whether the candidate has been granted Priority Appointment Status. A candidate, who is denied Priority Appointment Status by the dean or Director of Library Services may reapply for such status in any succeeding year, provided the candidate remains eligible.
F. Extension of Priority Appointment Status
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:
1. Effective Teaching or Support of the Teaching-Learning Process
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.
Part-time members of the bargaining unit who teach graduate level courses shall be required to meet all of the standards for promotion established for full-time bargaining unit members in Article VIII.
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 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.
Each adjunct bargaining unit member will be assigned to a department
or program for purposes of [annual] evaluation.
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.
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.
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.
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.
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 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.
The purpose of the Article is to provide a prompt and efficient
procedure for the investigation and resolution of grievances as defined
herein.
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.
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.
By mutual consent of the AAUP and the University, in writing, any one or all of the steps provided for herein (except Step 3) may be waived, and the grievance may be submitted directly to arbitration in accordance with Step 3.
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.
Robert E. Light
Bonnie Siber Weinstock
Stanley Aiges
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.
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.
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.
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.
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.
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.
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.
The University shall provide one (1) faculty lounge in each of the
following 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.
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.
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.
a. environmental asbestos,
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.
In addition, the air exchange rates of the Talbott Moore Library will
be checked to see if they are below recommended levels for healthy buildings.
Where such air exchange rates are below acceptable levels, recommendations
for remediation shall be provided. The University shall consult with the
Facilities Monitoring Committee concerning the selection of the consulting
firm, and a copy of the audit report will be provided to the Facilities
Monitoring Committee and the AAUP. The University will continue to make
improvements as it deems necessary.
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.
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.
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.
The University shall provide the December pay check on or before
December 15, whenever practicable.
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.
The University Academic Policy Committee shall have access to the
acquisitions budgets of both Moore and Talbott Libraries each year.
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:
a. Include all stages of such legal action, threatened or pending,
in a judicial or administrative proceeding, and all aspects of the use
of compulsory service whether or not the bargaining unit member is a party
in the proceeding.
b. Include effective legal representation of the bargaining unit member's
interests, either by the University's regular counsel or by specifically
retained counsel, with due attention to potential conflicts or interest.
c. Be applicable whether or nor the University is also names or included
in the legal action.
d. Provide for all legal expenses, for all other direct costs and for
court judgements and settlements.
e. Include legal demands for untimely, intrusive, disruptive or confidence-breaking
disclosure of research data or materials.
In addition, in cases where the University possesses the subject data
or has the legal and/or physical capacity to respond directly to compulsory
process or other demands for research data it shall actively enlist the
involvement of the affected bargaining unit member in resisting disclosure
and shall refuse to make any such disclosures or to surrender any such
data, until all legal remedies for protection of the data have been exhausted.
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 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:
1. Courses taught out-of-load, whether on an overload basis or by adjuncts, are subject to the dean's approval;
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:
a. provide for required core, major, and service courses;
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.
4. The dean, subject to the procedures set forth in Section D of this Article, has the right to determine the frequency with which courses shall be offered.
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.
A. Workload Information
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:
1. the courses required to satisfy departmental or program major(s), minor(s), college, and University core requirements, service requirements (courses required by other departments, programs or colleges/schools), and electives. In the case of programs the plan will only include those courses that are exclusive to that program;
2. the sequence and frequency with which all such courses shall be offered;
3. Maximum and minimum numbers of students permitted or required in
particular courses.
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.
Whenever possible, the plan will also include any changes in scheduling from normal class hours. Such workload plan shall be consistent with the information provided by the dean or associate dean pursuant to Section A of this Article. Determination of course offerings shall reflect the current program requirements as stated in the Academic Catalog. Past practice with respect to consultation with the Dean of the College of Continuing Studies will continue to be followed.
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:
1. core requirements;
2. major/minor or certification requirements;
3. service requirements (courses required by other departments, programs
or
colleges);
4. electives;
5. special projects.
Where a particular course may fit into more than one of the foregoing
categories, it shall be deemed to be in the highest of those categories
into which it fits unless the course can be counted toward a major but
is not required for that major. In such case, the course shall be considered
for purposes of this Section as an elective.
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.
E. Distance Learning Courses
The term "Distance Learning Course" as used in this Agreement, refers
to any course where communication at a distance between teacher and student(s)
substitutes in part or in whole for the normal face-to-face classroom contact
mandated by the regular class schedule as approved by the appropriate APC.
Such communication at a distance may be accomplished by any one or more
media including but not limited to, television, radio, Internet, compact
disc, video or audio tapes, film or print.
1. All aspects of Distance Learning courses (or modification thereof)
shall comport with all of the standard practices, procedures, and criteria
which have been established for traditional in-the-classroom courses. This
includes, but is not limited to departmental review and recommendation
of such courses to the appropriate APC which will have oversight of all
such courses in order to ensure conformity with previously established
traditions of course quality and relevance. The above review shall occur
even when the proposed Distance Learning Course is a section of an already
existing and approved course.
2. No faculty member shall be required to develop or teach a Distance
Learning Course.
3. Faculty will have the same responsibility for the selection and
presentation of materials and points of view in a Distance Learning Course
as they have in a traditional in-the-classroom course.
4. Enrollment maximums for Distance Learning Courses shall be no greater
than for the same or similar level in-the-classroom courses offered by
that department or program.
5. Distance Learning Courses will be credited as a separate preparation
so that a faculty member teaching two sections of a course, one using a
traditional classroom modality and the other being taught as a Distance
Learning Course shall be credited with two (2) separate preparations.
6. Any recording of a Distance Learning Course will occur only with
the permission of the instructor and such recording will remain the property
of the instructor.
F.[E] Special Projects
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:
1. Deans' Discretionary Projects
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.
Proposals for special projects with attached reductions in teaching load may originate from a department or program, a bargaining unit member, a dean, an Academic Policy Committee of a particular college or of the University, or from any other source. Any such proposals shall be the subject of consultation between the appropriate dean and the affected department(s) before approval of the project by the University.
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:
1. curriculum and disciplinary study;
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.
The dean shall review the proposal from the members of the department and make a final determination as to which projects shall be undertaken based on their benefit to the department, college, and/or University. Members of the department who have been assigned such projects shall provide to the dean a written report on the accomplishment of such projects by the end of the academic college year for which they have been assigned. Special projects under this Section in lieu of in-load teaching assignments will be limited to full-time members of the bargaining unit. It is understood and agreed that the availability of special projects in lieu of in-load teaching assignments shall not be deemed to be any evidence of the lack of a need for lay-offs under Article XIV.
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 the bargaining 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.]
O. Faculty Teaching Outside of His/Her Department
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.
P. Faculty Rank Prerequisite
Only persons with faculty rank shall be permitted to offer courses for credit, [or] non-credit courses required for the Rider curriculum, or courses for which Rider will provide certification of completion. Subject matter tutoring in the Math Skills Lab by individuals who are not included in the bargaining unit which has occurred prior to this Agreement may continue to be conducted by such individuals, who will not be included in the bargaining unit. Except for the foregoing, only members of the bargaining unit and members of the faculty explicitly exempted from membership in the bargaining unit in Article I shall provide students with subject matter tutoring and advising. Tutors and counselors who are not members of the bargaining unit shall be limited to tutoring and advising in such areas as study strategies, coping with stress, recommendations concerning reasonable accommodations for students with learning disabilities, and other non-subject matter tutoring.
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:
1. Identification
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.
T..[R.] Reduced Load for Promotion and Tenure Committee Chair
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.
V.[T.]Library Workload
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:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
Friday during spring recess
One floating holiday
6. Vacations
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.
3. Library Faculty Work Week
The workweek at both Moore and Talbott Library shall be thirty-five
(35) hours per week.
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.
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.
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.
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.
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.
2. Reimbursement of Expenses Associated with Scholarly Study,
Research, Writing, and Creative Projects Related to Composing,
Producing, and Performing
a. Eligibility
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 Development Research 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 Development Research 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 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.
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 Development Research and Patent Committee, as aforesaid, by the
preceding March 1.
H. The parties recognize that the rapid development of technologies for both teaching and research has created a growing need for faculty skill development. The parties also recognize that such faculty development is often best accomplished through on-campus training and development projects. Therefore, the University shall take appropriate steps to establish and fund such development projects.
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.
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;
1. musical works, including any accompanying words
2. dramatic works, including any accompanying music;
3. pantomimes and choreographic works;
4. pictorial, graphic, and sculptural works
5. motion picture and other audiovisual works;
6. sound recordings; and
7. architectural works
Intellectual Property
Any trademarkable, copyrightable or patentable matter or any intellectually
created tangible thing or matter including, but not limited to: books,
texts, articles, monographs, glossaries, bibliographies, study guides,
laboratory manuals, syllabi, tests and work papers; lectures, musical and/or
dramatic compositions, unpublished scripts, films, filmstrips, charts,
transparencies, other visual aids; video and audio tapes and cassettes;
computer programs; live video and audio broadcasts; programmed instruction
materials; drawings, paintings, sculptures, photographs and other works
or art.
Patent/Patentable
1. utility inventions or discoveries which constitute any new and useful
process, machine, manufacture, or composition of matter, or any new and
useful improvement thereof, as such is further defined in 35 USC sections
100, 101.
2. Ornamental designs, being new, original and ornamental designs for
an article made, as such is further defined in 35 USC section 171, et sea;
3. Plant patents, being for the asexual reproduction of a distinct
and new variety of plant, including cultivated spores, mutants, hybrids
and newly found seedlings, other than a tuber propagated plant or plant
found in an uncultivated state as such is further defined in 35 USC 161,
et sea.
Trademark/Trademarkable
Any work, name symbol, or device or combination thereof adopted and
used by a bargaining unit member to identify his/her goods and distinguish
them from those made, manufactured or sold by others.
Presumption of Ownership
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:
1. to promote the development of useful articles or processes, which, because of prohibitively high costs involved, could not be adequately developed without patent or other protection;
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.
The intent of the following Patent Policy is to be consistent with this philosophy.]
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]
1. [ were financed in whole or in part from University funds, including that portion of an employee's salary, which related to the work out of which the invention or discovery arose. (Granting of normal salary to an employee is not considered financial support or research);]
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.
The University shall own all rights, title, and interest in such patents and shall reserve the right to direct the assignment thereof to others; except in the case of sponsored research projects where the contract between the University and sponsor specifies the assignment of patent rights to the sponsor.]
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:]
1. [Investigations and Research Financed Wholly by the University
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:]
[a. A discovery made wholly at the expense of the investigator and not using University facilities or funds will be the private property of the individual and ownership will reside with him/her. If the investigator wishes to assign the invention or discovery to the University, he/she may do so and the distribution of funds will be established by a written agreement between the investigator and the University. The assistance of the Research Corporation is still available to him/her as an individual, if he/she desires it.
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.]
E. [Compensation
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:
1. Where inventions are assigned to and patented by the Research Corporation, 28.75% of the gross royalties will be received by the inventor, 28.75% by the University and 42.5% by the Research Corporation as stipulated in the contract with the Research Corporation.
2. Where inventions are administered by the University, the inventor receives 50% of the net income.]
F. [Notification of Possible Patents
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:]
[1. If the patent rights of the invention are subject to the terms of a sponsor's contract or grant the Committee shall recommend to the President that the inventor be directed to comply with the terms of the contract.]
[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.]
[However, this Patent Policy does not in any way alter, change, or otherwise modify provisions of this Agreement concerning outside activities of bargaining unit members.]
[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.]
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 | |
Unused sick leave may not be accrued.
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.
Disability by reason of pregnancy and childbirth shall be covered
by the above sick leave provisions.
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.
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.
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.
Members of the bargaining unit who are on sick leave 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).
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.
The compensation proposal will be provided at a later date.
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.
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.
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.
i. Payment Schedule
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
of 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
ii. Standard Methods of Payment
The foregoing early retirement benefit shall be paid to the retiring
individual over a three- (3) year period commencing in September following
the November notification to the University requesting such early separation.
One-third of such benefit shall be paid in a lump sum on the first regular
payroll dates commencing in the September of the subsequent school year
and the following one. Thus, voluntary separation benefits will be paid
as follows:
a. one-third in a lump sum in September of the first school year following
separation and two-thirds in equal installments over the second and third
school years following voluntary separation, or
b. equal monthly installments over three years.
If the candidate wishes to arrange an alternative method of payment,
he/she shall present a written plan to the appropriate administrators.
If this plan or a viable alternative is approved by the bargaining unit
member, the Vice President for Academic Affairs and Provost, and the Executive
Committee of the AAUP, in writing, it shall be implemented. If not approved
by any one of the three- (3) parties, the method of payment specified in
the previous paragraph shall hold.
iii. Medical Insurance for Voluntary Separation
The University agrees to continue to pay on behalf of individuals who
voluntarily separate early hereunder their respective shares of all medical,
hospital, and insurance benefits provided by the University for other bargaining
unit members until such individuals reach the age of seventy (70). After
achieving age sixty-five (65), Medicare Part B shall become his/her primary
medical plan and the University's health benefits plan or HMO will provide
secondary coverage.
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.
C.. Negotiated Separation [Retirement]
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.
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:
1. Initiation by the Provost or a Dean
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.
The chair and bargaining unit members of the Requested Department or Requested Discipline in a multi-disciplined department shall review the credentials of the Individual, including his/her qualifications in relation to the department's or division's instructional program, and shall formulate a written recommendation. In a case of transfer within colleges, such written recommendation shall be transmitted to the dean of the college. In a case of transfer between departments in different colleges, such written recommendation shall be transmitted to the Provost. Subject to the approval of the Individual and the Requested Department or Requested Discipline, the dean shall make the final determination regarding transfers within his/her college. Subject to the approval of the Individual and Requested Department or Requested Discipline, the Provost shall make the final determination regarding transfers between departments in different colleges.
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.
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.
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].
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
__________________________ __________________________
__________________________ __________________________
__________________________
__________________________
2
Rider University Page 1 05/11/99