Common use of Arbitration and Academic Judgment Clause in Contracts

Arbitration and Academic Judgment. a. Subject to the provisions of this Agreement, the arbitrator shall have no authority or jurisdiction to arbitrate any such portion of any grievance as it relates to any determination or decision made pursuant to an exercise of academic judgment except in the case of a unit member who, in their sixth year (up or out year), has received positive recommendations from all prior levels of review for tenure or tenure with promotion, but is not recommended by the Chancellor. In this case, the arbitrator shall have the authority to determine whether or not the University's actions where arbitrary or capricious. Whenever the arbitrator shall have determined that such allegation is true, they may reinstate the unit member for one full academic year with back pay and the right to be reviewed for tenure or tenure with promotion during that academic year. It is understood that an arbitrator in so reinstating a unit member shall not be empowered to bestow tenure or promotion in rank and that this provision, based on arbitrary and capricious standards, shall be available to a unit member only once.

Arbitration and Academic Judgment. a. Subject to the provisions of this Agreement, the arbitrator shall have no authority or jurisdiction to arbitrate any such portion of any grievance as it relates to any determination or decision made pursuant to an exercise of academic judgment except in the case of a unit member who, in their sixth year (up or out year), has received positive recommendations from all prior levels of review for tenure or tenure with promotion, but is not recommended by the Chancellor. In this case, the arbitrator shall have the authority to determine whether or not the University's actions where arbitrary or capricious. Whenever the arbitrator shall have determined that such allegation is true, they he/she may reinstate the unit member for one full academic year with back pay and the right to be reviewed for tenure or tenure with promotion during that academic year. It is understood that an arbitrator in so reinstating a unit member shall not be empowered to bestow tenure or promotion in rank and that this provision, based on arbitrary and capricious standards, shall be available to a unit member only once.