Rights and Obligations of the Members. Except as otherwise provided in this Agreement to the contrary, the Members shall take no part in the control or management of the affairs of the Company, nor shall a Member have any authority to act for or on behalf of the Company or to sign for or bind the Company.
Rights and Obligations of the Members. 5.1 Academic Freedom
(a) Members enjoy freedom in teaching, scholarship, including research and creative professional work, and publication. This is required by their responsibility to the integrity of their scholarship and discipline and its advancement, on the one hand, and, by their special position in relation to the service of the Word of God and as exercising a public ministry to and for the community of the faithful in the Church, on the other hand.
(b) The Parties to this Agreement agree to uphold the pursuit of truth, the advancement of learning, and the dissemination of knowledge. To this end, the Parties agree to abide by the principle of academic freedom as expressed in the following statement: academic freedom is the freedom to examine, question, teach, and learn, and it involves the right to investigate, speculate, and comment without reference to prescribed doctrine, as well as the right to criticize the University and society at large. As a Catholic University, the exercise of academic freedom is subject to the provisions of Ex Corde and Ordinances set out in the Preamble to this Agreement. Specifically, and without limiting the above, academic freedom entitles members to engage in the following:
(i) Examine, question, teach, learn and serve;
(ii) Disseminate opinions on any questions related to the member’s teaching, professional practice or development, or scholarship, including research and creative professional work, both inside and outside the classroom;
(iii) Choose and pursue scholarship, including research and creative professional work, and professional development, without interference or reprisal, and freely publish and make public the results thereof;
(iv) Choose and pursue teaching methods and content;
(v) Create, exhibit, perform or adjudicate works of art;
(vi) Select, acquire, disseminate, or critique documents or other materials;
(vii) Criticize the Employer or any other organizations, whether corporate, political, public, private, institutional as well as society at large;
(viii) Engage in service to the institution and the community;
(ix) Participate in professional and representative academic bodies; and
(x) Recommend library material relevant to the pursuit of learning.
(c) Academic freedom does not require neutrality on the part of the member. Academic freedom makes intellectual discourse, critique and commitment possible.
(d) Academic freedom does not confer legal immunity and carries with it the duty to use that free...
Rights and Obligations of the Members. 12.1. Except as expressly provided in this Agreement to the contrary, the Members shall take no part in the operation, management or control of Waitlist’s business.
12.2. The Members shall have no power to sign for or to bind Waitlist to any agreements or arrangements. All authority to act on behalf of Waitlist is vested in the Manager. Any Member who takes any action to bind Waitlist in contravention of this Agreement shall indemnify Waitlist for any costs, expenses, claims or liabilities incurred by Waitlist as a result of the unauthorized action of such Member. Without limiting the foregoing, the exercise by a Member of any rights granted by this Agreement, or serving as a third-party contractor, consultant or surety of Waitlist, shall not be deemed to be taking part in the execution, management or control of Waitlist’s business.
12.3. Subject to the provisions of Paragraph 12.2 of this Agreement, Members shall not be personally liable for any obligations or debts of Waitlist or any of its losses beyond the total amount the Members have agreed to contribute to the capital of Waitlist and to the Members’ share, if any, of the undistributed Distributable Cash attributable to the Members.
Rights and Obligations of the Members. Section 3.1. Membership Interests 4 Section 3.2. Actions by the Members 5 Section 3.3. Management Rights 6 Section 3.4. Other Activities 6 Section 3.5. No Right to Withdraw 7
Rights and Obligations of the Members. 10 5.1 Academic Freedom 10 5.2 Outside Professional Activities 12 5.3 Intellectual Property 12 5.4 Responsibilities and Obligations of Members 14 ARTICLE 6 - APPOINTMENT OF ACADEMIC STAFF 15 6.1 Categories of Appointment - Faculty 15 6.2 Academic Ranks - Faculty 16 6.3 Categories of Appointment – Library 18 6.4 Part-Time Appointments 19 ARTICLE 7 - SEARCH PROCEDURE FOR ACADEMIC APPOINTMENTS 20 7.1 New Appointments 20 7.2 Search Committees 20 7.3 Advertisement 21 7.4 Religious 21 7.5 Procedures of the Search Committee 21 7.6 Letters of Appointment 23 ARTICLE 8 - WORKLOAD 23 8.1 General 23 8.2 Principles Governing Establishment and Assignment of Workload 23 8.3 Establishing Individual Workloads 24 8.4 Establishing the Teaching Component of Normal and Individual Workloads 26 8.5 Establishing the Professional Practice Component of Individual Workloads – Librarians 27 8.6 Establishing the Scholarship Component of Normal and Individual Workloads 27 8.7 Establishing the Service Component of Normal and Individual Workloads 28 8.8 Teaching Assistants 29 ARTICLE 9 – RESEARCH LEAVE AND FUNDING SUPPORT 29 15493671.3 9.1 Research Leave 29 9.2 Librarian Research Leave and Research Days 31 9.3 Junior Research Leave 31 9.4 Professional Expense Reimbursement Allowance 31 ARTICLE 10 - RENEWAL, TENURE AND PROMOTION - FACULTY 32 10.1 Renewal 32 10.2 Tenure 34 10.3 Promotion 40 10.4 Written References 44 10.5 Assessment of Academic Staff 44 ARTICLE 11 - PROMOTIONS AND PERMANENT STATUS - LIBRARIANS 47 11.1 Promotions – Librarians 47 11.2 Promotion to Librarian II 48 11.3 Promotion to Librarian III and Permanent Status 48 11.4 Promotion to Librarian IV 53 11.5 Procedures 56 11.6 Written References 56 11.7 Assessment of Librarians 56 ARTICLE 12 – COLLEGE FACULTY 58
Rights and Obligations of the Members. Section 3.1 Members; Membership Interest ........................................................................17 Section 3.2 Meetin~s ..........................................................................................................
Rights and Obligations of the Members. 10 ARTICLE 6 - APPOINTMENT OF ACADEMIC STAFF 15 ARTICLE 7 - SEARCH PROCEDURE FOR ACADEMIC APPOINTMENTS 20 ARTICLE 8 - WORKLOAD 23 ARTICLE 10 - RENEWAL, TENURE AND PROMOTION - FACULTY 32 ARTICLE 11 - PROMOTIONS AND PERMANENT STATUS - LIBRARIANS 47 ARTICLE 12 – COLLEGE FACULTY 58
Rights and Obligations of the Members. The Member(s) shall not be personally liable for any of the debts of the Company or any of the losses thereof, whether arising in tort, contract, or otherwise, beyond the amounts contributed by them to the capital of the Company. The Member(s) shall not be entitled to the return of their capital contribution except to the extent provided for in this Agreement.
Rights and Obligations of the Members. 12.1. Except as expressly provided in this Agreement to the contrary, the Members shall take no part in the operation, management or control of 35’s business.
12.2. The Members shall have no power to sign for or to bind 35 to any agreements or arrangements. All authority to act on behalf of 35 is vested in the Manager. Any Member who takes any action to bind 35 in contravention of this Agreement shall indemnify 35 for any costs, expenses, claims or liabilities incurred by 35 as a result of the unauthorized action of such Member. Without limiting the foregoing, the exercise by a Member of any rights granted by this Agreement, or serving as a third-party contractor, consultant or surety of 35, shall not be deemed to be taking part in the execution, management or control of 35’s business.
12.3. Subject to the provisions of Paragraph 12.2 of this Agreement, Members shall not be personally liable for any obligations or debts of 35 or any of its losses beyond the total amount the Members have agreed to contribute to the capital of 35 and to the Members’ share, if any, of the undistributed Distributable Cash attributable to the Members.
Rights and Obligations of the Members. Unless a Member is a member of Management, and except as expressly provided in this Agreement to the contrary, no Member shall take part in the control or management of the Company, nor shall any Member have any authority to act for or on behalf of the Company or to sign for or bind the Company. Unless admitted to the Company as a Member in accordance with Article 9, no person who is not a signatory to this Agreement shall be considered a Member. The Company and Management need deal only with persons as Members that are so admitted and shall not be required to deal with any other person (other than with respect to distributions to assignees pursuant to assignments in compliance with Article 9) merely because of an assignment or transfer of an interest to such person or by reason of the incapacity of a Member. Any distribution made in accordance with this Agreement by the Company to the person shown on the Company records as a Member or to its legal representatives, or to the assignee of the right to receive Company distributions as provided herein, shall acquit the Company and Management with respect to such distribution of all liability to any other person that may have an interest in or claim to such distribution by reason of any other assignment by the Member with respect to such distribution or by reason of such Member’s incapacity, or for any other reason.
