Common use of Appointment and Reappointment Clause in Contracts

Appointment and Reappointment. Section 1. Except as otherwise provided herein and subject to the terms of this Agreement, the College reserves the right to make, change, renew and/or not renew adjunct faculty appointments. All such appointments and reappointments may be subject to change based on enrollment or lack of enrollment; course cancellation; hiring or reassignment of course work to full-time faculty; or, in limited circumstances, assignment of course work to accommodate the dual career interests of College administrators and/or staff. Section 2. All adjunct faculty appointments and reappointments shall be the exclusive responsibility of the College. Section 3. The College will base decisions to reappoint adjunct faculty on criteria that includes, but is not limited to, the following in priority order: (i) the needs of the college; (ii) course availability; (iii) the adjunct faculty members’ qualifications for reappointment to a particular course(s) as assessed by the applicable Department Chairperson; (iv) observation and pedagogical review(s) in accordance with Article VIII of this Agreement (Observation and Pedagogical Review and Student Evaluations); and (v) the number of completed semesters of teaching at the College in accordance with Article X of this Agreement (College Service Credit). The decision whether or not to reappoint an adjunct faculty member shall not be based on his/her salary. Section 4. The College will notify a Bargaining Unit Member in writing of its tentative plans to reappoint him/her by June 15 for the following Fall semester (or for an Annual Reappointment as defined in Section 8 below) and by December 15 for the following Spring semester. Such tentative notification of reappointment does not guarantee him/her a teaching assignment in any semester. Such teaching assignments shall be contingent upon whether a specific course(s): (i) is offered by the College; (ii) is available to adjunct faculty; and (iii) has student enrollment in sufficient numbers as determined by the College. In the event circumstances make the aforementioned notice periods impossible, the College shall provide as much notice as is feasible. Section 5. For purposes of this Article, the names of adjunct faculty members printed in any schedule of classes shall not be construed as an appointment, reappointment or teaching assignment in any semester. Section 6. Except in cases of emergencies or unforeseen circumstances, adjunct faculty members shall receive notice of their specific teaching assignments as soon as reasonably possible. Such notifications shall include, but not be limited to, the title of the course, class schedule, term of appointment, salary, and class roster as accessible through the College’s on-line course management system. Section 7. For purposes of this Agreement, the term “Discharge” shall mean the College’s decision to terminate the employment of a Bargaining Unit Member during a semester in which he/she is teaching. For purposes of this Agreement, the term “Discipline” shall mean the formal imposition of a penalty by the College against a Bargaining Unit Member in response to alleged wrongdoing.

Appointment and Reappointment. Section 1: Precollege Division faculty members shall initially be offered one-year teaching appointments. Except as otherwise provided herein and subject to At the terms successful conclusion of this Agreementthe faculty member’s three-year probationary period, the College reserves the right to make, change, renew and/or not renew adjunct faculty appointmentsmember will be offered a two-year appointment. All such subsequent appointments and reappointments may after this post-probationary two-year appointment, will be subject to change based on enrollment or lack of enrollment; course cancellation; hiring or reassignment of course work to full-time faculty; or, in limited circumstances, assignment of course work to accommodate the dual career interests of College administrators and/or stafffor three years. Section 2. All adjunct faculty appointments and reappointments shall be the exclusive responsibility of the College. Section 3. The College will base decisions to reappoint adjunct faculty on criteria that includes, but is not limited to, the following in priority order: (i) the needs of the college; (ii) course availability; (iii) the adjunct faculty members’ qualifications for reappointment to a particular course(s) as assessed by the applicable Department Chairperson; (iv) observation and pedagogical review(s) in accordance with Article VIII of this Agreement (Observation and Pedagogical Review and Student Evaluations); and (v) the number of completed semesters of teaching at the College in accordance with Article X of this Agreement (College Service Credit). The decision whether or not to reappoint an adjunct faculty member shall not be based on his/her salary. Section 4. The College will notify a Bargaining Unit Member in writing of its tentative plans to reappoint him/her by June 15 for the following Fall semester (or for an Annual Reappointment as defined in Section 8 below) and by December 15 for the following Spring semester. Such tentative notification of reappointment does not guarantee him/her a teaching assignment in any semester. Such teaching assignments shall be contingent upon whether a specific course(s): (i) is offered by the College; (ii) is available to adjunct faculty; and (iii) has student enrollment in sufficient numbers as determined by the College. In the event circumstances that a faculty member is appointed to teach a class that is subsequently cancelled, Manhattan School of Music will make a good faith effort to appoint the aforementioned notice periods impossible, the College shall provide as much notice as is feasible. Section 5. For purposes of this Article, the names of adjunct faculty members printed in any schedule of classes shall not be construed as an appointment, reappointment or teaching assignment in any semester. Section 6. Except in cases of emergencies or unforeseen circumstances, adjunct faculty members shall receive notice of their specific teaching assignments as soon as reasonably possible. Such notifications shall include, but not be limited to, the title of the course, member to teach another class schedule, term of appointment, salary, and class roster as accessible through the College’s on-line course management system. Section 7. For purposes of this Agreement, the term “Discharge” shall mean the College’s decision to terminate the employment of a Bargaining Unit Member during a semester in for which he/she is teachingqualified. Section 3: The School may choose not to reappoint a probationary faculty member for any reason. For purposes The School may choose not to reappoint a non-probationary faculty member for job performance (including, but not limited to, teaching performances, performance of this Agreementadministrative duties, and professionalism) or business/administrative reasons (including, but not limited to, a decision to not offer a particular course). In the event that Manhattan School of Music does not intend to reappoint a non-probationary faculty member for job performance reasons, Manhattan School of Music shall notify said faculty member on or before February 1, unless such job performance reasons occurred after February 1 of that year. In the latter case, the term “Discipline” School shall mean inform the formal imposition teacher as soon as possible after the decision not to reappoint has been reached. Absent highly unusual circumstances, the School will not fail to reappoint a non-probationary faculty member for teaching-related job performance reasons without first engaging in the evaluation process set forth in Article XVI. Section 4: If a dispute arises over the decision not to reappoint a non-probationary faculty member, it shall be resolved through the grievance and arbitration procedure, with the arbitrator determining only whether the School was arbitrary or capricious in its determination not to reappoint for job performance or business/administrative reasons, and the arbitrator shall not substitute his or her judgment for that of the School’s with respect to the School’s assessment of job performance or the business/administrative decision that resulted in the decision to not reappoint. Section 5: In the event of a penalty by major disruption in operations that requires reducing the College against size of the faculty, the School shall meet with the Union to discuss its plans for such a Bargaining Unit Member reduction before implementing such plans. Section 6: Seniority shall be defined as the number of semesters a faculty member has taught at the Precollege Division of Manhattan School of Music. Section 7: Any faculty member who intends to resign his/her position for the next academic year, shall inform the School no later than February 1. Section 8: If the School elects not to renew the appointment of a non-probationary faculty member for business or administrative reasons, said faculty member shall have the right of recall for a period of two years, should the School choose to reinstate the class or course of study in response question. Section 9: If a non-probationary faculty member’s workload decreases to alleged wrongdoingzero hours with less than two years remaining in the teacher’s appointment, the teacher shall remain eligible for work assignments at Manhattan School of Music only for a period of two years thereafter (after which the teacher shall no longer be an employee of the School).

Appointment and Reappointment. Section a. Statement of Terms of Appointment - (See "Minimum Requirements for Consideration for Appointment and Promotion to Academic Rank"). (Article XIII, Paragraph 7.) 1. Except as otherwise provided herein ) Every initial and subject to subsequent appointment will be confirmed in writing, except for a faculty member who has tenure. 2) Appointments and reappointments for the terms period preceding attainment of this Agreementtenure shall be probationary. 3) Notification, in writing, by the President of the College reserves or his/her designee, of intentions to reappoint and acceptance of said reappointment by the right to makemember shall be in accordance with the schedule listed below. If a member is not being reappointed, changehe/she shall be notified in accordance with the schedule listed in the second column below. Member recommended or not recommended for reappointment notified by President of his/her intention by Member recommended for reappointment notifies President of his/her intention by 1st academic year* 1st Friday in April 3rd Friday in April 2nd academic year 2nd Friday in March 4th Friday in March 3rd, renew and/or not renew adjunct faculty appointments. All such appointments and reappointments 4th or 5th academic year 1st Friday in February 3rd Friday in February Group A 1st Friday in April 3rd Friday in April * Members appointed after September 1 may be subject to change based on enrollment or lack a revised schedule for the initial reappointment process. (Note: After the fifth reappointment Group "A" members are not required to submit an application for reappointment.) 4) The President of enrollment; course cancellation; hiring or reassignment the College shall submit his/her recommendations to the Board at the next regular meeting of course work the Board. If the President recommends reappointment, but if the Board's decision is unfavorable, the member so affected will be notified by the President of the College as soon as possible. 5) Appointments for less than one (1) year shall terminate at the end of the appointment period without any prior notice of termination. b. Termination of Appointment by the faculty member - A faculty member may terminate his/her appointment, effective at the end of an academic year, by giving notice in writing to full-time faculty; orthe President of the College at the earliest possible opportunity, but not later than April 1st. The faculty member may properly request a waiver, in limited circumstanceswriting, assignment of course work this requirement of notice to accommodate the dual career interests President of the College administrators and/or staffin case of hardship, or in a situation where s/he would otherwise be denied, as a result of meeting this requirement, substantial professional advancement or other opportunity. The President's decision in granting the request for waiver shall be final. Section 2c. Termination by the College of Non-tenured Appointments - Denial of reappointment shall not be for reasons of residence, age, gender, marital status, race, religion, disability, national origin, or political affiliation. All adjunct Non-tenured appointments shall automatically terminate at the end of the appointment period. Notwithstanding the aforementioned, non-tenured faculty appointments and reappointments shall members will be the exclusive responsibility notified of the College. Section 3. The College will base decisions 's intent to reappoint adjunct faculty on criteria that includes, but is not limited to, the following in priority order: (i) the needs of the college; (ii) course availability; (iii) the adjunct faculty members’ qualifications for reappointment to a particular course(s) as assessed by the applicable Department Chairperson; (iv) observation and pedagogical review(s) in accordance with Article VIII of this Agreement (Observation and Pedagogical Review and Student Evaluations); and (v) the number of completed semesters of teaching at the College in accordance with Article X of this Agreement (College Service Credit). The decision whether or not reappoint them according to reappoint an adjunct faculty member shall not be based on his/her salarythe schedule noted in Paragraph 5.a. Section 4. The College will notify a Bargaining Unit Member in writing of its tentative plans to reappoint him/her by June 15 for the following Fall semester (or for an Annual Reappointment as defined in Section 8 below) and by December 15 for the following Spring semester. Such tentative notification of reappointment does not guarantee him/her a teaching assignment in any semester. Such teaching assignments shall be contingent upon whether a specific course(s): (i) is offered by the College; (ii) is available to adjunct faculty; and (iii) has student enrollment in sufficient numbers as determined by the College. In the event circumstances make the aforementioned notice periods impossible, the College shall provide as much notice as is feasible. Section 5. For purposes of this Article, the names of adjunct faculty members printed in any schedule of classes shall not be construed as an appointment, reappointment or teaching assignment in any semester. Section 6. Except in cases of emergencies or unforeseen circumstances, adjunct faculty members shall receive notice of their specific teaching assignments as soon as reasonably possible. Such notifications shall include, but not be limited to, the title of the course, class schedule, term of appointment, salary, and class roster as accessible through the College’s on-line course management system. Section 7. For purposes of this Agreement, the term “Discharge” shall mean the College’s decision to terminate the employment of a Bargaining Unit Member during a semester in which he/she is teaching. For purposes of this Agreement, the term “Discipline” shall mean the formal imposition of a penalty by the College against a Bargaining Unit Member in response to alleged wrongdoing.

Appointment and Reappointment. Section 1. Except as otherwise provided herein and subject to the terms : The appointment or reappointment of this Agreement, the College reserves the right to make, change, renew and/or not renew bargaining unit adjunct faculty appointments. All such appointments and reappointments may be subject to change based on enrollment or lack of enrollment; course cancellation; hiring or reassignment of course work to full-time faculty; or, in limited circumstances, assignment of course work to accommodate the dual career interests of College administrators and/or staff. Section 2. All adjunct faculty appointments and reappointments shall be the exclusive responsibility of the College. Notification of an appointment or reappointment shall be in writing and include details of the assignment, term of appointment, and compensation. Such notification shall be communicated to the adjunct faculty member as soon as practicable after the decision is made. Section 3. The College will base decisions to reappoint adjunct 2: Adjunct faculty on criteria that includesmembers shall receive notice of appointment or reappointment as soon as reasonably possible, but is not limited tobut, (a) for the following in priority order: Fall or Spring semester, no later than fourteen (i14) days before the needs start of the college; (ii) course availability; (iii) semester in which the adjunct faculty members’ qualifications member has been appointed or reappointed to teach, unless the course only becomes available within such fourteen (14) days or other circumstances make fourteen (14) days notice impossible, and, (b) for reappointment to a particular course(sthe January or Summer semester, no later than seven (7) as assessed by days before the applicable Department Chairperson; (iv) observation and pedagogical review(s) start of the semester in accordance with Article VIII of this Agreement (Observation and Pedagogical Review and Student Evaluations); and (v) which the number of completed semesters of teaching at the College in accordance with Article X of this Agreement (College Service Credit). The decision whether or not to reappoint an adjunct faculty member shall not be based on his/her salary. Section 4. The College will notify a Bargaining Unit Member in writing of its tentative plans has been appointed or reappointed to reappoint him/her by June 15 for teach unless the following Fall semester course only becomes available within such seven (7) days or for an Annual Reappointment as defined in Section 8 belowother circumstances make seven (7) and by December 15 for the following Spring semester. Such tentative notification of reappointment does not guarantee him/her a teaching assignment in any semester. Such teaching assignments shall be contingent upon whether a specific course(s): (i) is offered by the College; (ii) is available to adjunct faculty; and (iii) has student enrollment in sufficient numbers as determined by the Collegedays notice impossible. In the event the course only becomes available or circumstances make the aforementioned notice periods impossible, the College shall provide as much notice as is feasiblepracticable. Such appointment or reappointment shall be made for a particular course(s) and term only. Section 5. For purposes of this Article, the names of adjunct 3: Adjunct faculty members printed who have previously taught a course for a minimum of five (5) semesters in any schedule the five previous years in which the course has been taught and offered to the member at the College will receive good faith consideration for appointment to teach the same course if it is offered by the College within one (1) academic year of classes the most recent appointment, provided that the College intends for the course to be taught by a unit member covered by this Agreement. Good faith consideration shall mean that reappointment may be denied, reduced, or subsequently cancelled in the following circumstances: (a) Elimination or downsizing of a department or program, or elimination of a course or section, or a reduction in the number of courses or sections (hereinafter "courses") offered in the applicable semester; (b) Any circumstance in which a course will be taught by a full-time faculty member; (c) Cancellation of a course(s) due to under enrollment; (d) Documented poor performance by the unit member, which shall be based upon, but not limited to, pedagogical reviews, classroom observation(s), student evaluations, or failure to follow the College's standard procedures, including those contained in the unit member's respective Letter of Agreement and the applicable Part-Time Faculty Handbook. Student evaluations alone shall not be construed used as the exclusive basis to deny, reduce, or subsequently cancel an appointment; (e) Discharge or misconduct as defined by the College's Standards of Conduct or other rules and regulations, reappointment non-performance, improper or teaching assignment incompetent performance, or for any other cause deemed sufficient in any semesterits sole discretion; (f) Denial of access of a unit member to the Bedford Hills Correctional Facility or other entity that has shared responsibility with the College for the educational program(s) offered by the College; or (g) Other bona fide reasons necessitating a relevant change in academic, fiscal, or programmatic needs. In the circumstances set forth in subparagraphs a, b, c, f and g, the Vice President of Academic Affairs and Xxxx of Faculty, or his or her designee shall use his or her best efforts to consider appointing the impacted faculty member to an available scheduled course that the unit member is qualified to teach. Section 64: A. The College shall have the right to discipline and discharge any bargaining unit employee for just cause. Except The College shall notify the Union in cases writing of emergencies any suspension or unforeseen circumstances, adjunct faculty members shall receive notice of their specific teaching assignments as soon as reasonably possible. Such notifications shall include, but not be limited to, the title discharge within five (5) days of the coursetime of suspension or discharge. If the Union desires to contest the suspension or discharge, class schedule, term of appointment, salary, and class roster as accessible through the College’s on-line course management system. Section 7. For purposes of this Agreement, the term “Discharge” it shall mean the College’s decision give written notice thereof to terminate the employment of a Bargaining Unit Member during a semester in which he/she is teaching. For purposes of this Agreement, the term “Discipline” shall mean the formal imposition of a penalty by the College against a Bargaining Unit Member in response to alleged wrongdoing.within five