Common use of Appointments and Reappointments Clause in Contracts

Appointments and Reappointments. ‌ Section 1. The decision to appoint or reappoint a Salaried Lecturer or Instructor may be made only by the Xxxxxxx or an authorized designee of the Xxxxxxx (e.g., Xxxx of a particular School or College). Such appointment, reappointment, or non- reappointment decisions shall not be subject to the grievance and arbitration provision, except as set forth in Sections 4, 5, and 8 of this Article. Salaried Lecturers and Instructors will generally receive initial appointments and reappointments as follows: Title Initial Appointment (years) Reappointment (years) Section 2. The University may offer shorter reappointments than listed in Section 1 only for the following reasons: a. Documented performance-related reasons; b. Failure to follow University rules and/or policies and procedures; c. The elimination or downsizing of a department or program or a reduction in the number of courses or sections offered regardless of reasons; d. The hiring of a professorial rank faculty member that has the effect of reducing the need for a full-time Salaried Lecturer or Instructor’s services; e. At the written request of the Salaried Lecturer or Instructor. Section 3. If the Xxxx offers a shorter reappointment period than that listed in Section 1, then the Salaried Lecturer or Instructor will subsequently be eligible for reappointment according to Section 1. The Xxxx will provide the written rationale for any shorter reappointment period along with the letter of reappointment. Section 4. A Salaried Lecturer or Instructor with at least two (2) years of service who is given a shorter reappointment than that listed in Section 1 due to performance-related reasons or who is not reappointed due to performance-related reasons may grieve such a decision using the procedure outlined in the University’s Faculty Handbook. A Salaried Lecturer or Instructor with fewer than two (2) years of service who is given a shorter reappointment than that listed in Section 1 due to performance-related reasons or who is not reappointed due to performance- related reasons may grieve such a decision up to Step 3 of the grievance procedure of this Agreement under the standard of whether the University acted arbitrarily and capriciously. Salaried Lecturers and Instructors who have worked for the University for eight (8) or more years shall be able to dispute and challenge their non-reappointment in a mutually agreed upon (i.e., by the Union and the Xxxxxxx or the Xxxxxxx’x specified designee) dispute resolution forum under the standard of whether such non-reappointment was reasonable. Section 5. In cases where a Salaried Lecturer or Instructor is not reappointed, the Xxxx will provide the written rationale for non-reappointment along with the notice of non-reappointment. Non-reappointments for the following reasons are not grievable: a. Elimination or downsizing of a department or program or a reduction in the number of courses or sections offered regardless of reasons; b. The hiring of a professorial rank faculty member that has the effect of reducing the need for a full- time Salaried Lecturer or Instructor’s services. Other reasons for non-reappointments could include but are not limited to the aforementioned provision. The University will provide evidence, upon the Union’s request, of any of the above factors. The Union may request effects bargaining for Salaried Lecturers and Instructors not reappointed under this Section. In cases where a reduction in the number of sections or courses offered and/or the hiring of a professorial rank faculty member or other changes to the curriculum has reduced but not eliminated the need for a full-time Salaried Lecturer or Instructor’s services, the affected Salaried Lecturer or Instructor may request to work a reduced schedule in lieu of non- reappointment, if feasible. Such request will be considered by the University and may not be unreasonably denied. However, appointment decisions remain wholly the right of the University. Section 6. Opportunities for Rehire in the Event of Non-Reappointment under Section 5. a. At the request of affected employees, Salaried Lecturers and Instructors not reappointed under Section 5 shall be placed on the appropriate academic unit Rehire Priority List for a period of three (3) years. b. When a vacancy occurs in the former academic unit in which a Salaried Lecturer or Instructor is qualified to teach, the affected Salaried Lecturer or Instructor on the priority list shall be given priority consideration for the position should they choose to apply. A Salaried Lecturer or Instructor who applies and is not rehired shall be given a written explanation of the decision. c. The name of any Salaried Lecturer or Instructor refusing a rehire offer shall be removed from the Priority List, and said Salaried Lecturer or Instructor will no longer be considered eligible for rehire from the Priority List. It is the responsibility of those Salaried Lecturers and Instructors desiring to be rehired to furnish the University with the appropriate contact information. Upon rehire, Salaried Lecturers and Instructors shall retain all benefits accrued up to the date of non- reappointment in accordance with University policy. Section 7. Salaried Lecturers and Instructors shall receive written notice of reappointment or non-reappointment in accordance with the following schedule: a. Not later than March 1 of the first academic year of service, if the appointment expires on June 30; or, if a one-year appointment terminates during an academic year, at least three (3) months in advance of its termination. b. Not later than December 15 of the second academic year of service, if the appointment expires on June 30; or, if an initial two-year appointment terminates during an academic year, at least six (6) months in advance of its termination. c. Not later than June 30 preceding the final year of an appointment after two (2) or more years at the institution. Section 8. Any bargaining unit member who is terminated for misconduct or for failing to abide by a department, School, College or broader University policy or procedure may grieve the termination under the Grievance and Arbitration provision of this agreement under the standard of just cause. Section 9. The University will not convert Salaried Lecturer or Instructor positions to Part- Time Faculty Member (paid per course) positions except in cases where a) the need for the Salaried Lecturer or Instructor’s services has been reduced and/or b) no alternative or supplemental assignment can be found for the affected Salaried Lecturer or Instructor. This Section does not prevent individual bargaining unit members from voluntarily shifting to Part- Time Faculty Member status. This section does not preclude the University from returning to part-time faculty status a former Part-Time Faculty Member who received a temporary appointment as defined in Section 1. Section 1. Performance evaluations for Salaried Lecturers and Instructors shall be in conformity with the standards, practices and criteria for each School or College, and will generally be performed on an annual basis. Section 2. The performance evaluation process will be clearly defined and transparent for Salaried Lecturers and Instructors in each School and College by Fall 2018, at which point the evaluation process used in each School and College will be published on the respective website. Any changes to the process will require a notification to the Salaried Lecturers and Instructors at least one (1) semester in advance. Section 3. Performance evaluations may be used by the University in determining performance increases, appointment, reappointment and non-reappointment of Salaried Lecturers and Instructors. If a School or College does performance evaluations, the evaluation should be reduced to writing and shared with the Salaried Lecturer or Instructor. Any performance evaluation which is not reduced to writing and shared with the Salaried Lecturer or Instructor may not be used by the University in determining non-reappointment. Section 4. The Department Chairs and Program Directors generally have overall responsibility for the evaluation of Salaried Lecturers and Instructors. This may include, but need not be limited to, consideration of the following: a. Student evaluations (including student comments) b. Faculty Annual Reports (FARS) c. External Activity Reports (EARS) d. Teaching observations Section 5. Joint Labor-Management Committee (JLMC) Discussion of Performance Evaluations. The Union, in accordance with the Joint Labor-Management provision of this Agreement, may bring matters of general interest (including performance evaluations for teaching) before the Joint Labor-Management Committee (JLMC), and present ideas and share information on best practices.

Appointments and Reappointments. ‌ Section 1. The decision to appoint or reappoint a Salaried Lecturer or Instructor may be made only by the Xxxxxxx or an authorized designee of the Xxxxxxx (e.g., Xxxx of a particular School or College). Such appointment, reappointment, or non- reappointment decisions shall not be subject to the grievance and arbitration provision, except as set forth in Sections 4, 5, 4 and 8 5 of this Article. Salaried Lecturers and Instructors will generally receive initial appointments and reappointments as follows: Title Initial Appointment (years) Reappointment (years) Section 2. The When the University needs to cover a sabbatical or leave of absence, the initial appointment may offer shorter reappointments than listed in Section 1 only be for the following reasons: a. Documented performance-related reasons; b. Failure to follow University rules and/or policies and procedures; c. The elimination or downsizing of a department or program or a reduction in the number of courses or sections offered regardless of reasons; d. The hiring of a professorial rank faculty member that has the effect of reducing the need for a full-time Salaried Lecturer or Instructor’s services; e. At the written request of the Salaried Lecturer or Instructorone (1) year. Section 3. If the Xxxx offers a shorter reappointment period than that listed in Section 1, then the Salaried Lecturer or Instructor will subsequently be eligible for reappointment according to Section 1. The Xxxx will provide the written rationale for any shorter reappointment period along with the letter of reappointment. Section 4. A Salaried Lecturer or Instructor with at least two (2) years of service who is given a shorter reappointment than that listed in Section 1 due to performance-related reasons or who is not reappointed due to performance-related reasons may grieve such a decision using the procedure outlined in the University’s Faculty Handbook. A Salaried Lecturer or Instructor with fewer than two (2) years of service who is given a shorter reappointment than that listed in Section 1 due to performance-related reasons or who is not reappointed due to performance- performance-related reasons may grieve such a decision up to Step 3 of the grievance procedure of this Agreement under the standard of whether the University acted arbitrarily and capriciously. Salaried Lecturers and Instructors who have worked for the University for eight (8) or more years shall be able to dispute and challenge their non-reappointment in a mutually agreed upon (i.e., by the Union and the Xxxxxxx or the Xxxxxxx’x specified designee) dispute resolution forum under the standard of whether such non-reappointment was reasonable. Section 5. In cases where a Salaried Lecturer or Instructor is Other than listed above in Section 4, non-reappointments are not reappointed, the Xxxx will provide the written rationale grievable. Examples of other reasons for non-reappointment along with the notice of non-reappointment. Non-reappointments for the following reasons could include but are not grievablelimited to: a. Elimination or downsizing of a department or program or a reduction in the number of courses or sections offered regardless of reasons; b. The hiring of a professorial rank faculty member that has the effect of reducing the need for a full- time Salaried Lecturer or Instructor’s services. Other reasons for non-reappointments could include but are not limited to the aforementioned provision. The University will provide evidence, upon the Union’s request, of any of the above factors. The Union may request effects bargaining for Salaried Lecturers and Instructors not reappointed under this Section. In cases where a reduction in the number of sections or courses offered and/or the hiring of a professorial rank faculty member or other changes to the curriculum has reduced but not eliminated the need for a full-time Salaried Lecturer or Instructor’s services, the affected Salaried Lecturer or Instructor may request to work a reduced schedule in lieu of non- reappointment, if feasible. Such request will be considered by the University and may not be unreasonably denied. However, appointment decisions remain wholly the right of the Universitysection. Section 6. Opportunities for Rehire in the Event of Non-Reappointment under Section 5. a. At the request of affected employees, Salaried Lecturers and Instructors not reappointed under Section 5 shall be placed on the appropriate academic unit Rehire Priority List for a period of three (3) years. b. When a vacancy occurs in the former academic unit in which a Salaried Lecturer or Instructor is qualified to teach, the affected Salaried Lecturer or Instructor on the priority list shall be given priority consideration for the position should they choose to apply. A Salaried Lecturer or Instructor who applies and is not rehired shall be given a written explanation of the decision. c. The name of any Salaried Lecturer or Instructor refusing a rehire offer shall be removed from the Priority List, and said Salaried Lecturer or Instructor will no longer be considered eligible for rehire from the Priority List. It is the responsibility of those Salaried Lecturers and Instructors desiring to be rehired to furnish the University with the appropriate contact information. Upon rehire, Salaried Lecturers and Instructors shall retain all benefits accrued up to the date of non- reappointment in accordance with University policy. Section 7. Salaried Lecturers and Instructors shall receive written notice of reappointment or non-reappointment in accordance with the following schedule: a. Not later than March 1 of the first academic year of service, if the appointment expires on June 30; or, if a one-year appointment terminates during an academic year, at least three (3) months in advance of its termination. b. Not later than December 15 of the second academic year of service, if the appointment expires on June 30; or, if an initial two-year appointment terminates during an academic year, at least six (6) months in advance of its termination. c. Not later than the June 30 preceding the final year of an appointment after two (2) or more years at the institution. Section 8. Any bargaining unit member who is terminated for misconduct or for failing to abide by a department, School, College or broader University policy or procedure may grieve the termination under the Grievance and Arbitration provision of this agreement under the standard of just cause. Section 9. The University will not convert Salaried Lecturer or Instructor positions to Part- Time Faculty Member (paid per course) positions except in cases where a) the need for the Salaried Lecturer or Instructor’s services has been reduced and/or b) no alternative or supplemental assignment can be found for the affected Salaried Lecturer or Instructor. This Section does not prevent individual bargaining unit members from voluntarily shifting to Part- Time Faculty Member status. This section does not preclude the University from returning to part-time faculty status a former Part-Time Faculty Member who received a temporary appointment as defined in Section 1. Section 1. Performance evaluations for Salaried Lecturers and Instructors shall be in conformity with the standards, practices and criteria for each School or College, and will generally be performed on an annual basis. Section 2. The performance evaluation process will be clearly defined and transparent for Salaried Lecturers and Instructors in each School and College by Fall 2018, at which point the evaluation process used in each School and College will be published on the respective website. Any changes to the process will require a notification to the Salaried Lecturers and Instructors at least one (1) semester in advance. Section 3. Performance evaluations may be used by the University in determining performance increases, appointment, reappointment and non-reappointment of Salaried Lecturers and Instructors. If a School or College does performance evaluations, the evaluation should be reduced to writing and shared with the Salaried Lecturer or Instructor. Any performance evaluation which is not reduced to writing and shared with the Salaried Lecturer or Instructor may not be used by the University in determining non-reappointment. Section 4. The Department Chairs and Program Directors generally have overall responsibility for the evaluation of Salaried Lecturers and Instructors. This may include, but need not be limited to, consideration of the following: a. Student evaluations (including student comments) b. Faculty Annual Reports (FARS) c. External Activity Reports (EARS) d. Teaching observations Section 5. Joint Labor-Management Committee (JLMC) Discussion of Performance Evaluations. The Union, in accordance with the Joint Labor-Management provision of this Agreement, may bring matters of general interest (including performance evaluations for teaching) before the Joint Labor-Management Committee (JLMC), and present ideas and share information on best practices.