Common use of Semester Clause in Contracts

Semester. Faculty who score below a minimum score on an examination established by statute and rule for determining proficiency in oral English (currently “45” on the Test of Spoken English) will be assigned appropriate non-classroom duties for the period of oral English language instruction provided by the University under paragraph (d), below, unless during the period of instruction the Faculty Member is found, on the basis on an examination specified above, to be no longer deficient in oral English language skills. In that instance, the Faculty Member will again be eligible for assignment to classroom instructional duties and will not be disadvantaged by the fact of having been determined to be deficient in oral English language skills. It is the responsibility of each Faculty Member who is found, as part of the annual evaluation, to be deficient in oral English language skills by virtue of scoring below the satisfactory score on an examination established by statute and rule for determining such proficiency (see paragraph (a)), to take appropriate actions to correct these deficiencies. To assist the Faculty Member in this endeavor, the University will provide appropriate English language instruction without cost to such Faculty Members for a period consistent with their length of appointment and not to exceed two (2) consecutive Semesters. The time the Faculty Member spends in such instruction will not be considered part of the individual assignment or time worked, nor will the Faculty Member be disadvantaged by the fact of participation in such instruction. If the University determines, as part of the annual evaluation, that one (1) or more administrations of a test to determine proficiency in oral English language skills is necessary, in accordance with statute and rule and this section, the University will pay the expenses for up to two (2) administrations of the test. The Faculty Member will pay for additional testing that may be necessary.