AGREEMENT BETWEEN
CLEVELAND STATE UNIVERSITY
AND
AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS
CSU CHAPTER

Effective August 16, 2006 through August 15, 2009

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ARTICLE 1
RECOGNITION AND DESCRIPTION OF THE BARGAINING UNIT

1.1 The Cleveland State University Board of Trustees and the administration hereby recognize the CSU-AAUP as the exclusive representative for the purpose of collective bargaining with respect to all mandatory subjects of bargaining, including wages, hours, terms and other conditions of employment in the bargaining unit, pursuant to certification by the Ohio State Employment Relations Board (SERB) in Case No. 93-REP-05-0108 dated December 16, 1993.

1.2 The unit consists of all full-time faculty having the academic rank of Instructor, Assistant Professor, Associate Professor, or Professor with the following exceptions: It does not include all faculty whose primary appointment is in the Cleveland-Marshall College of Law, adjunct, visiting, term or part-time faculty, lecturers, emeriti and other retired faculty, and all managerial employees, including the President, the vice presidents, deans of colleges, assistant deans, associate deans, assistants to the President and the vice presidents, chairs of academic departments, and all other employees.

A. Managerial employees are those whose faculty responsibilities account for less than 50% of total responsibility.

1.3 If, during the term of this agreement, questions arise regarding the bargaining unit status of one or more employees, the parties will meet promptly to discuss the status of the individuals and shall attempt to reach agreement as to their inclusion or exclusion from the Bargaining Unit. If the parties are unable to reach agreement as to the status of any individual within ten (10) working days from the commencement of the discussions, either party may petition the SERB for a determination of the status of the position.

ARTICLE 2
DEFINITIONS

2.1 The "Administration" shall refer to the President, Vice Presidents, Deans and such other administrative officers as may be appointed by the Board of Trustees, by the President, or, by specific delegation of the President, to other senior executives.

2.2 The "Association" shall refer to the CSU Chapter of the American Association of University Professors.

2.3 The "Members of the Bargaining Unit" shall refer to the recognized bargaining unit as set forth in the recognition clause of this agreement. Members of the bargaining unit may also be referred to as "Faculty".

2.4 The "Dean or designee" shall refer to the Dean or a designee when so officially appointed or designated by the Dean.

2.5 The "Provost or designee" shall refer to the Provost or a designee when so officially appointed or designated by the Provost.

2.6 The term "year" shall mean an academic year consisting of two (2) semesters of full-time service out of the three (3) consecutive yearly semesters, provided that only one (1) year of the probationary period shall be counted during any three (3) consecutive semesters. When an initial appointment begins no later than the first day of the spring semester, a full year is counted; but a partial year of service that begins after the first day of the spring semester shall not be counted against the probationary period.

ARTICLE 3
DUES

3.1

A. Except as specified below, all employees covered by this Agreement who are not members of the Union shall, pursuant to R.C. 4117.09 (C), pay a fair share fee not greater than the dues paid by members of the CSU-AAUP. This fair share assessment is made to cover the costs of collective bargaining and contract administration throughout the term of representation. The following bargaining unit members shall be exempt from the fair share fee requirement:

(1) Bargaining unit members hired prior to January 16, 2001 , who were not Active Members of the CSU-AAUP as of January 1, 2001 and who do not subsequently become Active Members.

(2) Administrators who return to the bargaining unit and who were not subject to the fair share fee at the time they accepted the administrative appointment.

B. Said fair share fee shall be paid by payroll deduction as provided in this article. The amount of the fair share fee shall be certified to the University by the Treasurer of the CSU-AAUP prior to the effective date of this Section, and prior to the effective date of any change in that amount. The University will provide the CSU-AAUP with a list of the names of faculty for whom such deductions have been made, the period covered, and the amounts deducted for each member and for each non-member. The amount of the fair share fee shall be changed at the same time that the amount of the monthly dues is changed.

C. The University and the CSU-AAUP agree that if any legal challenge is made to the terms of this Section, that both parties will defend its validity until there is a final judgment of the highest court or other tribunal to which the matter may be pursued. The CSU-AAUP agrees that its counsel will be the lead counsel during any such litigation, and the University agrees that its counsel will fully cooperate in such litigation.

D. The CSU-AAUP represents to the University that:

(1) An internal rebate or advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code.

(2) A procedure challenging the amount of the fair share fee has been established and will be given to each bargaining unit employee who does not join the CSU-AAUP.

(3) Such procedure and notice shall be in compliance with all relevant state and federal laws and the Constitutions of the United States and the State of Ohio .

E. Annually, the CSU-AAUP shall provide the University, within thirty (30) days after communicating with fair share fee payers, if any, a copy of each communication, if any, relating to the deduction of fair share fees, provided, however, that the CSU-AAUP may delete any information which sets forth amounts of monies the CSU-AAUP spends in various categories or other specific information not necessary to comply with constitutional requirements.

ARTICLE 4
NON-DISCRIMINATION

4.1 The Administration agrees that it shall not discriminate against an employee because of membership or activity as a member of the CSU-AAUP.

4.2 Neither the Administration nor the CSU-AAUP in carrying out its obligations under the Agreement shall discriminate on the basis of age, race, color, handicap or disability, religion, sex, sexual orientation, national origin, or special disabled or Vietnam-era veteran status.

4.3 Nothing in this Article shall preclude any member of the Bargaining Unit from protecting his or her rights to be free from unlawful discrimination pursuant to any state or federal law which addresses discrimination, directly, and without resort to the Grievance and Arbitration Procedures contained in this Agreement.

ARTICLE 5
AFFIRMATIVE ACTION

5.1 The Administration affirms its established policy of non-discrimination in employment (appointment, promotion, tenure, layoff, etc.). The Administration declares its determination to actively recruit, retain and promote qualified women and minorities.

ARTICLE 6
MANAGEMENT RIGHTS

6.1 The Association recognizes the Administration as the body of authority solely vested with the right to manage all aspects of the University. The University shall have the right to take any action it considers necessary and proper to effectuate any management policy expressed or implied, except as expressly limited under this Agreement. Nothing in this Article shall be construed to restrict or to limit any management authority. Further, the exercise of any enumerated or reserved management rights by the University shall not be subjects of negotiation during the term of this Agreement, either with respect to the decision or its effects.

6.2 Except as limited under this Agreement, the management rights include, but are not limited to, the right to:

A. Determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the University, standards of services, its overall budget, utilization of technology, and organizational structure;

B. Direct, supervise, evaluate or hire faculty;

C. Maintain and improve the efficiency and effectiveness of University operations;

D. Determine the overall methods, process, means, or personnel by which University operations are to be conducted;

E. Suspend, discipline, demote or discharge for just cause, or lay off, transfer, assign, schedule, promote or retain faculty;

F. Determine the adequacy of the work force;

G. Determine the overall mission of the University;

H. Effectively manage the work force; and,

I. Take actions to carry out the mission of the University.

6.3 Further, and only as limited under this Agreement, the Administration retains all rights, express and reserved, to do all things appropriate and incidental to any of its rights, powers, prerogatives, responsibilities, and authority, and in all respects to carry out the ordinary and customary functions of the University Administration.

ARTICLE 7
NO STRIKE/NO LOCKOUT

7.1 The Administration and the CSU-AAUP subscribe to the principle that any and all differences arising under this Agreement should be resolved by peaceful and appropriate means without any interruption of the University programs and operations.

7.2 The CSU-AAUP and its officials agree that so long as this agreement is in effect, they shall not call, engage in or assist in any way any strike, sympathy strike, slowdown, stoppage of work, concerted effort not to meet classes, boycott, or any other concerted act that interferes with the normal operation of the University.

7.3 No member of the bargaining unit shall instigate or participate, directly or indirectly, in any strike, sympathy strike, slowdown, stoppage of work, concerted effort not to meet classes, boycott, or any other concerted act that interferes with the normal operation of the University.

7.4 During the term of this Agreement, there shall be no lockout of members of the bargaining unit by the Administration.

7.5 Any violation of the foregoing will be just cause for disciplinary action in accordance with Article 8 of this Agreement.

7.6 The CSU-AAUP shall inform all members of the bargaining unit concerning their obligations under the provisions of this Article, and the necessity of complying with those obligations, and shall further inform members of the bargaining unit that the CSU-AAUP does not sanction or approve of noncompliance with the provisions of this Article.

ARTICLE 8
SANCTION AND DISMISSAL

8.1 SANCTION AND DISMISSAL PROCEDURES. If the Chief Academic Officer of the University believes that the conduct of a faculty member is sufficient to justify sanction or dismissal, then the Chief Academic Officer may bring charges against a faculty member.

A. The Chief Academic Officer shall initiate the procedure by informing the faculty member and the CSU-AAUP that charges have been brought.

B. Sanction or dismissal of a faculty member may occur for just cause, including, but not limited to:

(1) incompetence or dishonesty in teaching or scholarship;

(2) neglect of duty;

(3) personal conduct which substantially impairs the individual's fulfillment of his/her institutional responsibilities, including, but not limited to, drug or alcohol abuse, trafficking in illegal drugs, sexual, ethnic, racial or religious harassment;

(4) interfering with the normal operations of the University;

(5) fraudulent credentials; or

(6) conviction of a crime involving moral turpitude.

In determining an appropriate sanction or dismissal, the Chief Academic Officer of the University shall take into consideration the principle of progressive discipline and the proportionality of the sanction or dismissal to the nature and impact of the offense. However, with respect to instances of misconduct that are of such a serious nature as to require immediate action, the University reserves the right, consistent with the requirements of just cause and the procedures outlined in this Agreement, to implement a suspension or other sanction without first administering a lesser sanction.

C. At any time prior to the final resolution of the matter, the Chief Academic Officer may temporarily relieve an accused faculty member of all academic responsibilities if the Chief Academic Officer deems this action to be necessary in any emergency to prevent immediate harm to the faculty member or others at the University. Before suspending a faculty member, the Chief Academic Officer shall consult with an ad hoc committee comprised of three (3) members of the bargaining unit and three (3) members of the academic administration with tenured faculty status appointed jointly by the President of the CSU-AAUP and the University's Chief Academic Officer ("ad hoc committee") and upon reaching a decision shall communicate in writing with the ad hoc committee and the CSU-AAUP. The accused faculty member shall suffer no loss of pay or benefits during such a period of temporary suspension.

8.2 Prior to dismissal or any sanction involving suspension, the Provost shall notify the faculty member and the CSU-AAUP in writing. Within ten (10) days of the written notification of dismissal or suspension, or such later date as agreed by the parties, the ad hoc committee shall convene a hearing at which the Provost, or designee, shall present the basis for the dismissal or suspension. The faculty member shall be present at the ad hoc committee hearing and shall have an opportunity to respond to the charges which are the basis for the proposed dismissal or suspension. The CSU-AAUP has the right to attend and participate in the ad hoc committee hearing. The ad hoc committee shall issue its recommendation not later than fifteen (15) days from the close of the hearing.

8.3 If, upon receiving the advice of the ad hoc committee, the Provost or designee decides to implement a dismissal or suspension, he/she shall do so not later than ten (10) days from receipt of the recommendation of the ad hoc committee as set forth in paragraph 8.2 above.

8.4 Sanctions, other than dismissal and suspensions, under this Article may be appealed to the Chief Academic Officer. Some examples of such sanctions may include, but are not limited to, letters of reprimand and dismissal from graduate faculty status before the expiration of a term. Dismissals and suspensions may be appealed by the CSU-AAUP directly to the President of the University not later than fifteen (15) University working days from the effective date of dismissal or suspension. Grievances of dismissals and suspensions shall be appealed directly to Level IV of the grievance procedure set forth in this Agreement not later than fifteen (15) University working days from the effective date of the dismissal or sanction involving suspension.

ARTICLE 9
GRIEVANCE AND ARBITRATION

9.1 GRIEVANCE PROCEDURE

The parties recognize and endorse the importance of establishing a prompt, fair and efficient mechanism for the orderly resolution of complaints and agree to make every effort to encourage the prompt settlement of such matters. Both parties encourage the resolution of complaints before they become formal grievances. All grievances concerning the application of this Agreement shall be settled in strict accordance with the procedures set forth in this article, and this procedure shall be the sole and exclusive method of disposing of such grievances.

9.2 DEFINITIONS

A. Grievance : A grievance is a complaint or allegation by a member of the bargaining unit that there has been a violation of a specific provision(s) of this Agreement. A grievance may be a group grievance if, in the opinion of the Administration and the CSU-AAUP, an individual's grievance alleges a violation which affects a substantial number of employees as it relates to certain provisions of this Agreement. Through the mechanism of the group grievance, the related grievances of similarly situated employees, whether filed or not, will be consolidated into one proceeding, the outcome of which will be binding on all parties, actual or potential. Once classified as a group grievance, the dispute will be handled pursuant to the existing procedure. A grievance may also be a complaint or allegation by the CSU-AAUP that there has been (1) a violation of the rights of the CSU-AAUP as set forth in this Agree­ment, or (2) an act or failure to act by the Administration which violates this Agreement. Examples of a chapter Grievance by the CSU-AAUP shall include, but not be limited to, a violation of Section 12.2 D (Term Faculty), Section 12.3 (Visiting Appointments), Section 16.2 (Faculty -- Student Ratio), Section 17.10 (Financial Exigency and Academic Reorganization), Section 29.3 or 29.4 (Parking Facilities), Section 32.2 or 32.3 (Recreation Facilities), Article 38 (Chapter Rights), Section 42.3 (Contract Implementation Committee), and other Articles regarding the Administration's obligation to provide the Chapter with information.

B. Grievant : A Grievant(s) is defined as a member(s) of the bargaining unit alleging in a grievance that he or she has been directly and individually wronged by a violation of the specific provision(s) of this Agreement. The term "grievant," as used in this Article, may refer to the CSU-AAUP only in the event of a group grievance or where alleging a violation of the rights of the CSU-AAUP as set forth in this Agreement, or as set forth in the Section A above.

C. Respond and File : The terms "respond" and "file," as used in this article, refer to personal delivery or deposit in the U.S. mail or campus mail. The calendar date of receipt shall establish the date of response for filing. Notifications will be sent to the Grievant at the Grievant's home address as it appears on the grievance notification, or at the Grievant's University address as it appears on the grievance notification as indicated by the Grievant at the time of the filing of the grievance. Copies of all notifications will be sent to the CSU-AAUP. All correspondence shall be sent return receipt requested.

D. Time Limits : Time limits referred to in this article as "University working days" shall be defined to be Monday through Friday, exclusive of Saturdays, Sundays, formal holidays recognized by the University, and periods when the University is officially closed for business.

E. Basic Provisions : All applicable steps of the Grievance Procedure set forth in this Agreement will be pursued to completion before any application for arbitration will be made, unless the parties hereto enter into a written waiver of such step or steps and agree to proceed directly to arbitration.

F. Unless extended by mutual consent, in writing, the time limits specified herein will be the maximum time allowed. However, if a grievance is filed through the CSU-AAUP with the Dean or designee at Level II during the period from May 15 through August 31, the time limits for proceeding forward will be automatically extended. The Dean or designee's response to a Level II filing made during this period shall be due on August 31 or ten (10) University working days after the meeting with the Dean or designee, whichever is later. If the Dean or designee's response to a Level II filing made during this time period is received by the CSU-AAUP before August 31, the time limit for proceeding to Level III, or if Level III is bypassed, Level IV, shall be September 15 or ten (10) University working days after receipt of the response, whichever is later.

G. Designee : The term "designee," as used in this Article, shall be an individual authorized to act on behalf of the grievance officer identified in this Article to resolve the dispute.

LEVEL I MEETING -- INFORMAL RESOLUTION

9.3 Faculty members are encouraged to pursue informal resolution of any grievance. To this end, faculty members are encouraged to present an alleged violation to the Department Chair, or to the administrative level (below Provost) which is alleged to be responsible for the violation, as soon as reasonably practicable for purposes of resolving the dispute. A discussion of the alleged violation between the Grievant and the Chair (or the appropriate Administrator) shall occur at a mutually agreeable reasonable time not later than ten (10) University working days after the request for a discussion regarding the grievance. Any resolution must be in conformity with the provisions of the Contract. The CSU-AAUP shall be notified of any Level I meeting and any subsequent adjustment. The Department Chair (or other appropriate Administrator) must provide a written statement of any resolution within three (3) working days after the Level I meeting. Such written statement, once agreed to by the grievant, may not be altered or withdrawn by either party, except by mutual consent.

LEVEL II MEETING

9.4 A faculty member and/or the CSU-AAUP if eligible to grieve pursuant to this article may file a Level II grievance through the CSU-AAUP with the Dean or designee not later than twenty-five (25) University working days after the event giving rise to the alleged violation or no later than twenty-five (25) University working days after the grievant knew or reasonably should have known of the event giving rise to the alleged violation. The Grievant and the CSU-AAUP shall state clearly and concisely on a grievance form provided by the CSU-AAUP:

A. the provision(s) of the agreement alleged to have been violated;

B. a detailed description of the grounds of the grievance, including names, dates, places and times necessary for complete understanding;

C. a proposed remedy;

D. the name, department, or equivalent unit, of the Grievant and his/her signature. If the grievant is the CSU-AAUP, the grievance form shall so state and the President, or designee, of the CSU-AAUP shall be the CSU-AAUP's representative;

E. the name of the Grievant's CSU-AAUP representative;

F. the date of submission;

G. the Grievant's preferred mailing address.

Failure to technically comply with the above grievance form requirements shall not void the grievance. Copies of this form shall be provided at the time of filing to the Vice Provost for Academic Affairs or designee. The Dean or designee shall hold a meeting, unless mutually agreed otherwise, with the Grievant and the Grievant's CSU-AAUP representative at a mutually agreeable time and location within five (5) working days of the Level II filing. The Dean or designee shall respond in writing to the Grievant, with a copy to the Grievance Officer, no later than twenty-one (21) University working days after the Level II meeting. Such written statement, when agreed to by the CSU-AAUP, may not be altered or withdrawn without the mutual consent of the CSU-AAUP and the administration. The Dean's designee at a Level II meeting may not be the same individual who heard the Level I grievance.

LEVEL III -- GRIEVANCE PANEL (OPTIONAL)

9.5 In the event a grievance is not settled at Level II, within ten (10) University working days of receipt of the Level II response, the CSU-AAUP, on behalf of the Grievant, may, at its sole option, submit the grievance to the Provost or designee who shall convene a grievance panel to review the grievance. The Grievance Panel shall begin its review within fifteen (15) University working days following receipt of the request by the CSU-AAUP to appeal the Level II response.

9.6 The Grievance Panel shall be composed of three (3) bargaining unit members selected by the CSU-AAUP and three (3) individuals who are not members of the bargaining unit but hold tenured faculty rank selected by the University Administration. All panel members shall be full time University employees.

9.7 The Grievance Panel shall hold informal and non-adversarial meetings to review the grievance materials. The Grievance Panel may call upon witnesses to present materials but shall not have subpoena authority. Such individuals may or may not appear in front of the panel at their option. At a minimum, the panel shall request testimony from the grievant and the grievance officer, who may appear together at the request of the grievant.

9.8 In reaching its recommendation and in preparing its report, the Grievance Panel shall review only materials presented pursuant to and in accordance with this Article; (e.g., grievance procedures must be strictly adhered to).

9.9 The meeting, deliberations and voting of the Grievance Panel shall be confidential. Panel members who are absent from any scheduled meetings shall forfeit their votes.

9.10 The recommendation of the Grievance Panel shall be by a minimum simple majority of the total Panel membership only. The recommendation shall be given within twenty (20) University working days after the Grievance Panel begins its review.

9.11 The panel shall submit the recommendation to all parties. The recommendation shall not include the manner in which Panel members voted, only the recommendation and its rationale. The Provost shall advise the Panel, the Grievant, and the CSU-AAUP of the Administration's decision to accept or reject the recommendation of the Panel within ten (10) University working days of the date of the Panel's recommendation. In cases where the panel reaches impasse, its chair shall notify the parties in writing.

9.12 Upon filing this recommendation, the Grievance Panel shall be discharged of its duties.

9.13 If there is a question of whether or not a grievance is appropriately filed or meets the grievance definition, the Panel shall have the authority to deny the grievance.

9.14 The standard of review for the Panel is whether the Administration violated a specific term(s) of this Agreement.

9.15 The parties may agree to bypass the Grievance Panel step. Such agreement shall be mutual and reduced to writing.

LEVEL IV MEETING

9.16 In the event the grievance is not resolved at Level II or by the Grievance Panel, the CSU- AAUP, at its sole option, may file the Level IV grievance with the Provost or designee no later than ten (10) University working days after the Level II response or, if the panel is utilized, ten (10) University working days after the conclusion (written answer or decision) of the panel. If a settlement was proposed at Level II, the faculty member must include a written statement indicating specific reason(s) the proposed settlement was unsatisfactory. The Provost or designee shall hold a meeting with the grievant(s) and the CSU-AAUP representative at a mutually agreeable time and location within twenty-one (21) University working days of the filing of the Level IV grievance. The Provost or designee shall respond in writing no later than twenty-one (21) University working days after the Level IV meeting.

LEVEL V -- ARBITRATION

9.17 Within ten (10) University working days following receipt of the Level IV written response, the CSU-AAUP may proceed to arbitration by requesting, in writing, a panel of no fewer than fifteen (15) arbitrators from the American Arbitration Association. A copy of the request shall be sent to the Provost or designee at the time of the mailing of the request to the American Arbitration Association.

9.18 The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply regarding the selection of the arbitrator and during the arbitration hearing, except when the specific language of this Agreement is in conflict, in which case the specific language of this Agreement shall apply.

9.19 The arbitrator's award and/or decision shall be in writing and shall set forth findings, reasoning, and conclusions on the issue(s) submitted. The arbitrator shall render a timely decision.

9.20 It shall be the function of the arbitrator to rule on the specific grievance. The arbitrator shall be subject to the following limitations:

A. No matter other than a grievance alleging a violation of a specific provision as written and expressed in this Agreement can be reviewed by the arbitrator. If the grievance does not meet the aforementioned standard and involves a matter outside the expressed terms of this Agreement and is not specifically covered by a written provision of this Agreement, and the matter is submitted to the arbitrator, the arbitrator shall refrain from reviewing the merits of the grievance. In such cases, the arbitrator shall deny the grievance on the basis of the Administration's last answer in the grievance procedure as set forth in this Agreement.

B. The arbitrator shall have no authority to add to, subtract from, modify, change, alter or ignore in any way the provisions of this Agreement or any expressly written amendment or supplement thereto, or to extend its duration, unless the parties have expressly agreed in writing to give the arbitrator specific authority to do so, or to make an award which has that effect. The award of the arbitrator so made shall be final and binding on the parties.

C. Pending the raising, processing and settlement of the grievance and the award of the arbitrator and during the term of this Agreement, the parties agree to abide by all of the provisions of Article 7 (No Strike/No Lockout) of this Agreement.

D. An arbitrator may not award tenure or promotion, except as set forth in Article 12 (Faculty Appointment, Promotion and Tenure) at paragraph 12.11 F.

E. An arbitrator may not amend the bargaining unit.

F. The arbitrator shall not consider any issue not raised by the parties at Level II or during the hearing conducted by the Grievance Panel, or at Level IV consistent with Section 9.28 of this Article.

G. Under no circumstances may an arbitrator substitute personal judgment for financial or academic determinations reserved to the University. In such cases, these decisions shall be returned to the parties for final review and determination. An arbitrator's award may or may not be retroactive as the equities of each case demand but in no case shall an award be retroactive to a date earlier than thirty (30) days prior to the date the grievance was initially filed in accordance with this Article or the date on which the act or omission occurred.

H. The standard of review for the arbitrator is whether the Administration violated a specific term(s) of this Agreement.

9.21 Copies of the arbitrator's award shall be provided to the Administration, the CSU-AAUP and the grievant.

9.22 Each party shall bear the expense of preparing and presenting its own case. The cost for the services of the arbitrator shall be borne equally by the parties.

9.23 Upon mutual agreement by the Administration and the CSU-AAUP, the arbitration may proceed under the expedited rules of the American Arbitration Association.

GENERAL PROVISIONS

9.24 In cases where it is necessary for the grievant or a representative to have access to information for the purpose of investigating a grievance, the grievant or a representative shall make a written request for such information to the Administration. Absent such request, the Administration shall have no obligation to provide data. Such request must be made to the Provost. The grievant or a representative may have access to information, exclusive of information lawfully defined as confidential, which would assist in adjusting the grievance. The Administration shall provide such information to the requesting party within a reasonable amount of time after the written request to the Provost. Failure to provide information properly requested under this provision in a timely manner will be reasonable grounds to request an extension of the time limits specified in this procedure and such request shall not be unreasonably denied.

9.25 Decisions of arbitrators and settlements reached by the Administration and the CSU-AAUP in any step of the grievance procedure shall be final and binding on the CSU-AAUP, the Administration and the grievant. However, a grievance settled prior to arbitration shall be binding only as to that particular grievance and shall not be precedent setting in any context unless mutual agreement of the parties is received.

9.26 A grievant may withdraw a grievance at any time. The same grievance may be refiled at the same level only in cases where the grievant acts within the time limits specified in this Article; otherwise, the grievant shall not file any subsequent grievance on the same alleged incident. The time limits set forth in this procedure may be extended by mutual agreement, but in all such cases, the agreement must be in writing.

9.27 A grievant may present a grievance(s) and have such grievance(s) adjudicated without the intervention of the CSU-AAUP, as long as adjudication is reached prior to Level II and provided such adjudication is not inconsistent with the terms of the written Agreement.

9.28 Under no circumstances may any amendments and/or modifications to the grievance be made after the Level IV filing date and then only to amend or modify the specific pending grievance based upon information revealed during the processing of that grievance and directly related to that grievance.

9.29 Pending final disposition of the grievance, the grievant shall comply with the lawful directions of the Administration.

ARTICLE 10
ACADEMIC FREEDOM

10.1 Faculty are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.

10.2 Faculty are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.

10.3 College and university faculty are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence, they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.

ARTICLE 11
ACADEMIC RIGHTS AND RESPONSIBILITIES

11.1 Both parties endorse the AAUP 1940 Statement of Principles on Academic Freedom and Tenure. However, when there is a conflict between the contract and the AAUP 1940 Statement of Principles on Academic Freedom and Tenure, the contract language shall prevail.

11.2 PROFESSIONAL ETHICS. Membership in the academic community imposes on faculty, administrators, trustees and students an obligation to respect the dignity of others, to acknowledge their right to express differing opinions, and to foster and defend intellectual honesty, freedom of inquiry and instruction, and free expression on and off the campus.

A. The primary responsibility of the faculty is to their subject and to seeking and stating the truth. To this end, faculty shall devote their energies to developing and improving their scholarly competence. They shall accept the obligations to exercise critical self-discipline and judgment in using, extending and transmitting knowledge. They shall practice intellectual honesty and never allow subsidiary interests they may follow to hamper or compromise their freedom of inquiry.

B. As teachers, faculty shall encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Faculty shall demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Faculty shall make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit. They shall respect the confidential nature of the relationship between teacher and student. They shall avoid any exploitation, harassment, or discriminatory treatment of students. They shall acknowledge significant academic or scholarly assistance from them and protect their academic freedom. They shall endeavor to protect the student's freedom to learn, especially when that freedom is threatened by repressive or disruptive action.

C. Sexual and/or romantic relations between students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation and are strongly discouraged. The respect and trust accorded a professor by the student, as well as the power exercised by the professor in an academic and/or evaluative role, make voluntary consent by the student suspect. In their relationships with students, members of the faculty are expected to be aware of their professional responsibilities and to avoid apparent or actual conflict of interest, favoritism, or bias. If a romantic and/or sexual relationship exists or develops between faculty and student where an academic and/or evaluative relationship also exists or develops, the faculty member shall, as soon as possible, report it to the department chair or director. For the protection of individual and university interests, this supervisor shall take effective steps to ensure unbiased evaluation and/or supervision of the student.

D. As colleagues, faculty have obligations that derive from common membership in the community of scholars. Faculty shall not discriminate against nor harass colleagues. They shall respect and defend the free inquiry of associates and show respect for their opinions. Faculty shall accept their share of responsibility for governance of their institution and service to the community.

E. As members of an academic institution, faculty shall seek above all to be effective teachers, scholars or creative or performing artists, and perform their responsibilities according to established procedures and regulations of the institution.

11.3 CLASSROOM AND RELATED RESPONSIBILITIES. A full-time faculty member is expected to perform teaching and appropriate academic programmatic advising duties in accord with established requirements of the University and of the particular college to which the faculty member is assigned, including, if applicable, supervision of thesis and/or dissertation students; pursue professional development through research, scholarly publications, interest in professional groups and societies; counsel students; assist at registration and commencement exercises; maintain regular office hours; serve on University, college and department committees; and perform other institutional tasks characteristic of the academic profession.

A. Examination and Grades

(1) Dates for final examinations are posted on the University Registrar's web site. All final examinations must be administered during the period assigned by the University Registrar and must follow the approved time schedule as designated by the Administration. In the event of a class without a final exam, a class session will be held during the scheduled final exam period. Laboratory, thesis, internship, field work and independent study courses are excluded from this requirement. In classes where take home finals are assigned, the take home examination is due on the day and time of the regularly scheduled final.

(2) Faculty shall be required to submit grades at the end of a term. Faculty teaching 100- and 200-level courses shall also make every reasonable effort to submit mid-term grades for freshmen enrolled in such courses. Final grades should be submitted within forty-eight (48) hours of the end of the examination, but not later than the deadline established by the Registrar's Office.

(3) One copy of each syllabus shall be filed with the Chair and supplied to the students at the start of classes. The syllabus shall contain grading and pedagogical guidelines as well as course content and assignments. A copy of the final exam should be given to the Chair after the end of the term upon request. A faculty member shall preserve students' answers to final examinations for one (1) semester unless returned to the student, except that examinations from the spring semester should be retained until the end of the fourth week of the ensuing fall semester.

B. Class Schedules and Rooms

(1) If a faculty member finds it necessary to change a scheduled time or classroom assignment, written approval of the chair or dean's designee is necessary before any change is announced to students in the class.

(2) Faculty have an obligation to meet their scheduled classes, throughout the scheduled time, unless an approved alternative learning experience has been assigned in the syllabus as part of the course requirement. On those occasions when faculty know ahead of time that it may be necessary for them to be absent from class because of attendance at a professional meeting or because of religious observance, faculty shall request written permission from the chair or dean's designee and work with the latter to make appropriate arrangements for covering missed classes.

(3) When a faculty member is forced by illness to cancel class, the faculty member shall, if possible, inform the students and the department chair of such cancellation a reasonable period of time before the class is scheduled to meet.

C. Student Evaluation of Instruction . The Faculty Senate shall have oversight for assessing the instruments used in each college for the student evaluation of instruction. The college evaluation form(s) may include additional questions addressing the normative attributes of particular courses, such as class size and method and level of instruction. Faculty members may add their own questions to the college form(s). Deans or their designees, in cooperation with departmental or college faculty, shall establish procedures for the distribution, collection, and tabulation of the instrument(s). The appropriate college evaluation form(s) shall be distributed and tabulated in each course for each faculty member. Evaluation results shall be returned to the faculty member and kept on file in the departmental and Dean's offices.

D. Office Hours. Each faculty member shall maintain regular office hours, on a schedule approved by the chair or dean's designee, when they are available to students in their classes and their academic advisees without previous appointment. These office hours shall occur at optimum times for students and advisees; they shall be posted and listed on the syllabus. Faculty shall also make themselves available by appointment to accommodate students who cannot see them during regularly scheduled office hours.

E. Faculty Availability. All full-time members shall be available for service at the University throughout the academic year. Faculty shall be available for advising as needed on a rotating basis, coordinated by the department chairperson, during the week of the registration period before each semester. Faculty shall be charged sick time if they are unavailable for assigned service because of illness during that week.

F. Commencement Exercises. The Administration and the CSU-AAUP recognize University Commencement exercises as an important hallmark in students' lives. Whereas both the Administration and CSU-AAUP encourage all faculty to attend commencement exercises, at least one-quarter (1/4) of the faculty shall attend the December and May Commencement exercises in full academic regalia.

• CREDIT BANKING PROGRAM. The University will continue to maintain a Credit Banking Program to allow release time in exchange for the supervision of thesis/dissertation students. Set forth below are the credits to be banked for supervising thesis/dissertation students, subject to the following conditions. After the accumulation of at least twelve (12) points, faculty shall receive a course release. Four (4) points shall be equivalent to one (1) credit. A release course must be at least three (3) credits. The points can be accumulated in any combination of roles for either theses or dissertations. The accumulated release time must be used within a two (2) year period from the time a total of sixteen (16) points are banked. The release time earned pursuant to the banking system shall be taken upon the mutual agreement of the faculty member and the faculty member's home department chairperson. Release time shall be granted only during the academic year, and shall be limited to one (1) course per term.

Department Chairs, in consultation with the individual faculty members, will be responsible for keeping accurate records of the number of credits accumulated by their faculty and reporting the number of banking points to each faculty member on an annual basis. Faculty members who wish to apply banked points to reduce their instructional workload for the following year shall notify their department chairperson by December 1. The application of such banked points shall be considered compensatory time and shall have no bearing on the voluntary acceptance of other duties such as overload course assignments.

Thesis Supervision: A maximum total of six (6) credit banking points shall be available to Master's Thesis Committee members to be distributed among not more than five (5) faculty members under the following distribution rules: Each member of the Thesis Committee shall receive one (1) point, except the Chairperson of the Committee, who shall receive two points. In the semester following the written approval of a thesis topic by the Thesis Committee, the supervisor of the master's thesis student shall receive one (1) point. In the semester in which the master's thesis is successfully completed, all members of the Master's Thesis Committee shall receive one (1) credit banking point. At the Committee Chairperson's discretion, and so long as the total of six credit banking points is not exceeded, one (1) additional member of the Committee (excluding the Chairperson) may receive one (1) additional point for serving as a Methodologist. The Chairperson of the Committee shall be responsible for identifying the Methodologist.

Dissertation Supervision: A maximum total of nine (9) credit banking points shall be available to Doctoral Dissertation Committee members to be distributed among not more than five (5) faculty members under the following distribution rules: Each member of the Committee shall receive one (1) credit banking point except the Chairperson, who shall receive a total of four (4) points. In the semester following the written approval of a Candidacy Examination (or equivalent approval) and each subsequent semester, including summer, the supervisor of the doctoral dissertation student shall receive one (1) point, up to a maximum of three (3) points. In the semester in which the doctoral dissertation is successfully completed, every member of the Dissertation Committee shall receive one (1) point except the Chairperson, who shall receive the appropriate number of points to bring his or her total to four (4) points. At the Committee Chairperson's discretion, one (1) additional member of the Committee (excluding the Chairperson) may receive one (1) additional point for serving as a Methodologist.

In order to accumulate credit, faculty who do not teach for pay in a summer term or who are on Professional or other leave shall continue to advise thesis/dissertation students or fulfill their responsibilities to the Committee/student(s).

11.5 COMPUTER PRIVACY The University and the CSU- AAUP recognize the University's right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP agree that the rights of academic freedom and freedom of expression apply to the use of the University's computer and network resources, as do the responsibilities associated with those rights.

A. Achieving security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Provost and pertinent Dean in addition to the extraordinary circumstances as set forth in items (1) through (8) below.

A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring.

The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Provost, Dean, or other university authority.

The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows:

• when ordered to do so by a court;
• when ordered to do so pursuant to a subpoena or other legally enforceable order;
• when the email or computer file is a "public record" as defined in ORC 149.43 and a proper request is made;
• when required to comply with the law;
• when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file;
• when emergency entry is necessary to preserve the integrity of the University's computer and network facilities or to preserve public health and safety;
• when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member's legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university's records retention policy are met, whichever comes last ; or
• when the University has reasonable cause to believe that a faculty member may be violating the law.

B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed:

• The contents of the faculty member's office computer will be copied onto a new hard drive in the presence of the faculty member or Dean's designee thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive.
• The original hard drive will be placed in the custody of and securely stored by University Legal Counsel.
• The University and CSU-AAUP shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union as described in part 6 below.
• The University and the CSU-AAUP agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University.
• The original hard drive will be reformatted in the presence of the faculty member or Dean's designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university's records retention policy, whichever comes last.
• Advance written notice shall be sent to the AAUP President, AAUP Grievance Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.

Agreement for Designation of Password Trustee The parties agree to the designation of Arbitrator Rob Stein as password trustee and hereby authorize him to execute the duties regarding release of the hard drive password described in Article 11.5 of the CSU-AAUP collective bargaining agreement.

ARTICLE 12
FACULTY APPOINTMENT, PROMOTION AND TENURE

12.1 APPOINTMENT

Appointments to the University full-time faculty are of six kinds: term, probationary, tenured, research and public service, clinical, and visiting. All appointments to the full-time faculty shall be made in compliance with the procedures set forth in this article unless the parties expressly agree otherwise. The nature of the initial appointment of the faculty member, and any special conditions thereof, shall be specified at the time the appointment is made. Final approval for all decisions on appointment rests with the Board of Trustees.

12.2 TERM APPOINTMENTS.

A. Term appointments are full-time appointments and are normally made for no more than one (1) academic year, but may be granted for up to two (2) consecutive academic years. Such appointments are terminable or renewable for up to a total of six (6) consecutive academic years by the Dean of the College. Neither the initial term appointment, nor any renewals thereof, leads to or grants tenure or promotion. A faculty member who was not granted tenure after a probationary period shall not be eligible for a term appointment. The titles of term appointees shall be Term Instructor (without terminal degree) or Term Assistant Professor (with terminal degree).

B. Prior to making an initial term appointment, the faculty of the relevant Department normally shall elect a special search committee, as in Section 12.61, except when not practicable, in which case the AAUP shall be notified that the committee will be convened to consider candidates for term appointments. The special search committee shall make recommendations with respect to each candidate to the appropriate Department Chair or Dean in colleges without Department Chairs. The special search committee's recommendations shall accompany any subsequent recommendations made by the Chair and other Administration representatives as part of the appointment process.

C. Term appointees shall be assigned teaching duties at the introductory level of instruction in the various academic disciplines, and shall be assigned up to 16 credit hours of instruction (but no more than four (4) courses) per term. Only in unusual circumstances and only upon approval by the departmental faculty and only upon prior notification provided to the CSU-AAUP shall term appointees be assigned to teach advanced courses for majors in a given discipline.

D. Term appointments shall be limited to no more than ten percent (10%) of the total number of tenured and tenure track faculty in the bargaining unit.

E. By November 1 of each year the Provost shall provide the CSU-AAUP with a list of the term and visiting appointees in the University for that academic year.

12.3 VISITING APPOINTMENTS

Visiting appointments may be made for one (1) year, renewable for one (1) additional year for a total of two (2) years, whether consecutive or not. Neither the initial appointment, nor any renewal thereof, leads to or grants tenure or promotion. Regarding appointment, visiting appointments shall be subject to procedures that apply to term appointments. The rank of visiting appointments shall be recommended by the search advisory committee of the academic department or college and approved by the Dean.

• RESEARCH AND PUBLIC SERVICE AND CLINICAL FACULTY APPOINTMENTS

Individuals appointed to Research and Public Service Faculty and Clinical Faculty positions shall be members of the faculty collective bargaining unit and shall be entitled to the terms and conditions of employment articulated in the collective bargaining agreement except as expressly limited in section 12.4.

• Research and Public Service Faculty. For the duration of this contract, this category of faculty shall be limited to the Maxine Goodman Levin College of Urban Affairs. Exceptions may be considered on a case-by-case basis by the Contract Implementation Committee. The function of a Research and Public Service Faculty member is to conduct research as the Principal Investigator (P.I.) or director of a center, grant, contract, or other soft money source. The salary and fringe benefits for these positions shall be paid from a grant, contract, or other soft money source.

  1. The Research and Public Service Faculty member shall be eligible for initial appointment and a probationary period as stipulated in Article 12.

  2. The Research and Public Service Faculty member shall be eligible for rank and promotion on the basis of the following criteria.

Research and Public Service Assistant Professor – Appointment to the rank of Research and Public Service Assistant Professor shall be based on evidence indicating promise of high levels of performance in (1) securing grants and other contracts for public policy research, (2) managing research projects, and (3) publishing in appropriate academic (and other) venues the results of the research performed. Individuals appointed as assistant professors must have an appropriate terminal degree.

Research and Public Service Associate Professor – Appointment or promotion to the rank of Research and Public Service Associate Professor shall be based on evidence that the candidate has secured, as a principal investigator, sufficient levels of external support to sustain the cost of his/her salary and fringe benefits. In addition, the candidate for promotion or appointment at the rank of associate professor must provide evidence of full competence in teaching and/or the supervision of students in applied public policy research projects. The candidate must also demonstrate excellence in the performance of policy research for clients and scholarship as evidenced by the publication of materials in peer-reviewed journals (including the law reviews of accredited colleges of law) and edited collections. The evaluation shall be made in accordance with the standards set forth in section 12.12 of this agreement.

Research and Public Service Professor – Appointment or promotion to the rank of Research and Public Service Professor shall be based on evidence that the candidate has sustained a record of securing, as a principal investigator, levels of external support equal to twice the amount of their annual salary and fringe benefits. In addition, the candidate for promotion or appointment at the rank of professor must provide evidence of sustained excellence in teaching and/or the supervision of students in applied public policy research projects. The candidate must also demonstrate sustained excellence in the performance of policy research for clients and scholarship as evidenced by the publication of materials in peer-reviewed journals (including the law reviews of accredited colleges of law) and edited collections. The evaluation shall be made in accordance with the standards set forth in section 12.12 of this agreement

• Research and Public Service faculty are not subject to the faculty workload provisions of Section 13.1 of this agreement. They shall, however, observe the Faculty Professional Development provisions of Section 13.2. Research and Public Service faculty shall be assigned a minimum of 4 credits of instructional activity per academic year.
• Research and Public Service faculty shall not be eligible to serve on departmental, college, or university Peer Review Committees.
• Neither the initial appointment nor any renewal thereof leads to the award of tenure. It is understood, however, that following achievement of the rank of Research and Public Service Associate Professor, there is an expectation of continuing employment so long as the faculty member is successful in attracting grants, contracts, or other soft money funding to cover his/her research activities, salary and fringe benefits.
• If sufficient funding does not exist for the upcoming contract year, the faculty member shall be provided with at least sixty (60) days notice of non-renewal.
• Clinical Faculty. A Clinical Faculty member is one who holds at least a master's degree in a professional discipline and who is an expert practitioner of that discipline. For the duration of this contract, this category of faculty shall be limited to the following departments/schools: Nursing, Health Sciences, Speech and Hearing, Social Work, HPERD, and CASAL. Exceptions may be considered on a case-by-case basis by the Contract Implementation Committee.

  1. Clinical faculty shall be assigned up to 16 credit hours per term of introductory/clinical instruction, or practical supervision of students, or a combination of these functions. Each of the foregoing departments shall establish a comprehensive workload policy for such faculty prior to the hiring of a clinical faculty member or the conversion of a term appointment to a clinical faculty position.

  2.The Clinical Faculty member shall be eligible for appointment as stipulated in Article 12.6, 12.7B, and 12.7C (excluding provisions regarding full professorships).

  3. The highest rank available to a Clinical Faculty member is Clinical Associate Professor.

  4. The Clinical Faculty member shall be eligible for appointment and/or promotion and tenure on the basis of the following criteria.

A. Appointment to the rank of Clinical Assistant Professor shall be based on evidence indicating promise of excellence in teaching and clinical supervision.

B. Appointment or promotion to the rank of Clinical Associate Professor will be based on evidence of exceptional achievement as a teacher and clinical instructor.

C. Standards for promotion –

(1) Teaching/Clinical Supervision . The standards are comprehensive knowledge of the field of study, thorough preparation, intense interest in students as well as sensitivity to student interest, open-mindedness, independence and integrity, and above all, intellectual enthusiasm which is transmitted to students.

(2) Professional Service . A University faculty member is a "citizen, a member of a learned profession, and an officer of an educational institution," according to the 1940 joint AAUP/AAC Statement of Principles on Academic Freedom and Tenure. After a period of personal growth and development as a teacher and clinical supervisor, a faculty member may properly be expected to assume increased responsibility, in keeping with the faculty member's professional interests, for the governance of the University, the standards of the faculty member's discipline, and the welfare of the civic community.

(3) The following maxima shall apply during the term of the contract: six (6) Research and Public Service Faculty positions in the Maxine Goodman Levin College of Urban Affairs and twenty (20) Clinical Faculty positions divided among the following departments/schools: Nursing, Health Sciences, Speech and Hearing, Social Work, HPERD, and CASAL.

12.5 TENURE TRACK PROBATIONARY APPOINTMENTS

A person appointed without tenure to a full-time faculty position subject to termination on the terms set forth herein. Faculty members with probationary appointments shall serve a probationary period not to exceed six (6) years. Faculty members with probationary appointments are eligible for tenured appointments in accordance with the terms and procedures set forth herein.

12.6 TENURED APPOINTMENTS

Tenure is the status established by formal action by the Board of Trustees granting the prerogative of a faculty member to employment on a continuing basis by the University subject to dismissal only for specific causes specified in this Agreement and after due process also so specified.

12.7 PROCEDURES FOR APPOINTMENT TO THE BARGAINING UNIT FACULTY

A. A Search Committee shall be formed as follows:

Bargaining unit faculty in the Department shall determine the number of those who will serve on the Search Committee, define its mode of operation, and elect its members. The members shall select the Chair of the Search Committee. Membership on the Search Committee shall be open, but not restricted, to all faculty in the bargaining unit. The Search Committee, with the cooperation of the Chairperson, will compose the job description pertinent to filling the position, and have it reviewed by the Office of Affirmative Action. All dossiers received subsequent to the public announcement of the position and before any announced closing date shall be reviewed by both the Search Committee and the Chairperson, and the Search Committee shall recommend candidates to the Department. The Department and the Chairperson shall reach agreement on which candidates to interview.

After interviews are completed, the departmental Chairperson will convene a faculty meeting at which time the departmental members of the bargaining unit shall discuss the qualifications of each candidate and then vote on the acceptability of each candidate. The recommendations (acceptable or unacceptable) and the individual votes on each of the candidates and their probationary/tenure status shall be forwarded to the Chairperson.

The Chairperson shall send his/her recommendation, including salary range, rank, and tenure status, along with the recommendation of the Department faculty, to the Dean.

B. The Dean shall forward his or her recommendation to the Provost, along with the recommendations of the Department faculty and the Chairperson.

C. The Provost shall forward his/her recommendation to the President along with the recommendations of the Department faculty, the Chairperson and the Dean.

D. The President shall recommend to the Board of Trustees the candidate selected for appointment.

E. Joint appointments to two or more Departments, Colleges, or academic units shall be made in accordance with the procedures for appointment to each such Department, College, or academic unit.

F. All procedures for appointment are subject to affirmative action guidelines.

G. Individuals who are recruited to Cleveland State University for appointment as administrators, who also desire a tenured appointment in an academic department, shall submit credentials to the academic department concerned. The department may request an interview with the individual. The bargaining unit members of the department shall vote by secret ballot as to whether the individual is acceptable for appointment to the department. The appropriate departmental PRC, or in those Colleges in which departmental PRCs do not exist, the bargaining unit members of the department, shall make a recommendation as to the individual's qualifications for tenured academic rank as set forth in section 12.8 below. The recommendations shall then be forwarded to the chairperson of the department who will submit them along with his/her recommendation to the Dean.

12.8 CONDITIONS OF APPOINTMENT

Except for visiting, term, and research and public service faculty appointments defined above, a full-time appointment to the faculty shall be either with tenure or subject to a probationary period as set forth below. Contracts accompanying appointments shall stipulate the following conditions: rank, tenure status, salary, and, if the appointment is without tenure, the length of the probationary period specifying the latest date by which a tenure decision shall be made. Absence of a statement with respect to tenure status shall not be construed as the granting of tenure. Subject to the limitations hereinafter set forth, a contract may specify that successive contracts shall be offered to the faculty member.

A. Instructor. An Instructor shall be offered a contract for one academic year, subject to termination procedures in this Agreement. An Instructor may be offered not more than three subsequent contracts in the rank of Instructor. An offer of a contract for a fourth year as an Instructor shall be accompanied by notice of termination.

B. Assistant Professor. An Assistant Professor shall be offered a contract for one academic year subject to termination procedures specified in this Agreement and to the procedures for tenure review set forth below. An Assistant Professor may be offered subsequent annual contracts as specified below. The cumulative years of appointment in the ranks of Instructor and Assistant Professor shall not exceed seven, except as specified in the tenure section below.

C. Associate Professor and Professor . An appointment to the rank of Associate Professor or Professor may be with tenure or may be subject to a probationary period.

(1) If the appointment is with tenure, an Associate Professor or Professor shall be offered a contract for one academic year and must be offered subsequent one year contracts subject to dismissal only as specified in Article 8 of this Agreement.

(2) If the appointment is without tenure, the Associate Professor or Professor without prior full-time college teaching experience shall be offered a contract for one academic year and may be offered not more than four subsequent one-year contracts unless tenure is granted, subject to termination procedures as specified in this Agreement. A contract for a fifth year without tenure shall be accompanied by notice of termination.

(3) If the appointment is without tenure, the Associate Professor or Professor with one or more years of prior full-time college teaching experience shall be offered a contract for one academic year and may be offered not more than three subsequent one-year contracts unless tenure is granted, subject to termination procedures as specified in this agreement. A contract for a fourth year without tenure shall be accompanied by notice of termination.

12.9 QUALIFICATIONS FOR ACADEMIC RANK

A. Faculty ranks are Instructor, Assistant Professor, Associate Professor and Professor.

B. Possession of an earned doctorate in the discipline or a cognate field of study is required for all appointments above the rank of instructor. However, when the doctorate is not the required standard of attainment in a discipline or field of study, the Faculty Affairs Committee, upon petition from the appropriate Chairperson and Dean, may determine that a field is atypical. In rare cases, when there is a shortage of appropriate candidates in a given field, evidence may be submitted by the Dean of the College to the Faculty Affairs Committee requesting a temporary exception for the discipline or field of study. If the Faculty Affairs Committee is convinced of the need, a field may be exempted for a period not to exceed three years. At the end of the specified period, the Dean may request a renewal of the exception for a further limited period.

An exception to the requirement of the earned doctorate may be made in cases of outstanding intellectual leadership in the field, or in cases where there is extensive publication in refereed journals or of scholarly books which are deemed to be equivalent to an earned doctorate.

With respect to all such appointments made in the absence of an earned doctorate, at the time of initial appointment a statement establishing specific criteria to be applied in promotion and tenure decisions shall be agreed to in writing by the appointee, by the Departmental Peer Review Committee, the Department Chairperson, and the Dean.

C. Minimum standards for appointment at each faculty rank, in addition to the criterion of an earned doctorate specified above.

(1) Instructor . An instructor is appointed principally upon evidence that the candidate holds a Master's Degree or its equivalent, is well advanced upon doctoral or comparable study, if such is required in the discipline, exhibits good promise as a teacher and original scholar, and possesses the qualities for professional development.

(2) Assistant Professor . Appointment or promotion to the rank of assistant professor shall be based on evidence indicating promise of teaching performance of a high order of effectiveness and professional growth and achievement, including the ability to conduct valuable research.

(3) Associate Professor . Appointment or promotion to the rank of associate professor is based on evidence that the candidate is a fully competent teacher. In addition, the candidate shall demonstrate either:

a. significant scholarship or creative work in addition to his or her dissertation, although such scholarly work may be an extension or reworking of dissertation material, provided it demonstrates independent work; or

b. outstanding intellectual leadership beyond the University community; or

c. exceptional achievement as a teacher.

The evaluation shall be made in accordance with the standards set forth in Section 12.13 of this Agreement.

(4) Professor. Appointment or promotion to the rank of professor is based on evidence of sustained excellence in teaching. In addition, the candidate shall either:

a. have an outstanding record as a scholar or creative artist, or

b. shall demonstrate sustained outstanding intellectual leadership in his or her field. Evidence of reputation in the discipline or a related discipline beyond the local community is required.

In rare instances, promotion to the rank of professor may be based in significant part upon sustained and generally acclaimed leadership in the realization of the mission of the University.

The evaluation shall be made in accordance with the standards set forth in Section 12.13 of this Agreement.

(5) Outstanding intellectual leadership for the purposes of these rules means the attainment of a position of prominence in the field which is demonstrated by activities (other than simply holding positions in committees and organizations) evidencing that the candidate has played a major role in developing a policy or program in the field which can be documented by papers, reports or other tangible evidence appropriate to the discipline. Sustained outstanding intellectual leadership for the purposes of these rules means that a candidate shall have attained a significantly higher level of prominence in the field than that required for promotion to the rank of Associate Professor and shall have maintained such a position of prominence for a significantly longer period of time.

(6) Exceptional achievement as a teacher for the purposes of these rules refers to outstanding performance as a teacher in the classroom, significant accomplishments in the development of courses and teaching methods, and significant contributions through the preparation of teaching materials. Evidence of good teaching may include longitudinal peer evaluations, student evaluations, teaching portfolios, papers, reports, and other materials submitted for this purpose.

(7) In addition, commitment to acceptable professional ethics and academic responsibility shall be a relevant consideration in appointments and promotion. The University will be guided by the AAUP Statement on Professional Ethics in this regard.

12.10 TENURE

A. Time Limits

(1) Evaluation for tenure of faculty members whose original appointment was as Instructor or Assistant Professor must take place no later than the sixth year of the probationary period. If the Board grants tenure, it shall become effective with the beginning of the next academic year. If tenure is not granted by the end of the probationary period, the appointment for the next academic year will be a terminal appointment. Faculty members on such a terminal appointment may not be candidates for promotion/tenure unless a review is mandated as part of the resolution of a grievance.

(2) Unless granted at the time of the original appointment in the rank of associate professor or professor, tenure may be granted during a probationary period which shall not exceed three years or, for a person without previous full-time college teaching experience, four years. Faculty members whose original appointment was as instructor or as assistant professor shall have a probationary period not exceeding six years.

(3) In computing years of service in fulfillment of this six-year maximum probationary period, credit shall be given for a maximum of two (2) years of prior service if the service includes all of the following characteristics: (1) full-time; (2) tenure-track; (3) in a position requiring research; and (4) service performed post-terminal degree. The absence of any one of these characteristics would not qualify the prior service for credit. Except for tenure-track Instructors hired at Cleveland State University, the above parameters also apply to all faculty, including term and visiting positions (but excluding professional staff positions) with prior service at CSU.

For faculty hired as pre-terminal degree tenure-track Instructors at CSU, all years count toward the probationary period except that the faculty member may choose not to count up to two (2) years of such service. At the time of moving to the Assistant Professor rank , the faculty member wishing not to count such service must so inform the Dean and Department Chair/School Director in writing.

If tenure is not granted at the end of the probationary period, notice of termination shall be given, according to the procedures below.

B. Tenure and Rank

Tenure may be granted only to faculty members of the rank of Associate Professor or Professor. Promotion to the rank of Associate Professor or Professor must be accompanied by the granting of tenure. The awarding of tenure to a faculty member already holding the rank of Associate Professor or Professor is based on evidence that the candidate continues to meet the standards outlined above.

12.11 PROCEDURES FOR FOURTH AND FIFTH YEAR REVIEW

Assistant professors in their fourth and their fifth years of full-time service shall submit a dossier setting forth their qualifications for promotion and tenure. Faculty credited with three years of prior service shall be exempt from submitting a dossier in their first year, but a fifth-year review of such faculty shall occur in the second year of service to CSU. Dossiers shall be submitted on or before October 7 of the fourth and fifth years to the Departmental PRC, in Colleges which have opted for Departmental peer review, or to the College PRC in Colleges which do not use Departmental PRCs. Failure to submit a dossier may result in the issuance of a terminal contract.

The following timetable shall be followed for the subsequent steps of the review in Colleges which have opted for Departmental peer review: Departmental PRC to Chair/School Director by October 31; Chair/School Director to Dean for transmittal to College-wide PRC by November 14; College-wide PRC to Dean by December 15; Dean completes review by January 15. In Colleges which do not use Departmental PRCs, the corresponding timetable shall be: College PRC to Chair/School Director by November 14; Chair/School Director to Dean by December 15; Dean completes review by January 15.

Following review of the dossier (and other materials deemed relevant to the evaluation) by the appropriate Peer Review Committee (Department and/or College) and the Chair and the Dean, the faculty member shall be advised (1) that she or he is making substantial progress toward promotion and tenure, or (2) that she or he has a reasonable chance for promotion with additional effort, or (3) that she or he is unlikely to be promoted and that a nonreappointment recommendation may ensue. At each stage of the review, copies shall be provided to all concerned similar to the practices mandated in Article 12.12C(3) of this agreement. Subsequent to the review, the PRC(s), Chair/School Director, or the Dean may initiate the process for a recommendation for nonreappointment pursuant to Article 12.14. Such initiation shall occur by February 15. Unless an assistant professor is recommended for promotion and tenure or is sent a notice of nonreappointment, the advice to the faculty member is to be deemed a current status report which is subject to revision in subsequent reviews.

12.12 PROCEDURES FOR PROMOTION AND TENURE

A. Submission of the Dossier

Faculty wishing to be considered for promotion and/or tenure shall notify the Chair of the appropriate Peer Review Committee (Departmental or college) and submit a preliminary dossier suitable for external review by the first Monday in April of the previous academic year and a completed final dossier by the following September 8. Faculty in the fifth year of a probationary appointment shall be notified by the Dean that they must submit a dossier in their sixth year. Failure to submit a dossier may result in the issuance of a terminal contract.

B. Composition of Peer Review Committees

All colleges shall have College-wide Peer Review Committees for the purpose of peer review of a candidate's credentials.

(1) A College-wide Peer Review Committee shall be elected by full-time members of the bargaining unit within the College with membership restricted to tenured members of the bargaining unit, a majority of whom must hold the rank of Professor. The Committee shall select its own Chair. The committee shall normally be composed of seven faculty members, but no fewer than five.

(2) In addition, colleges may opt to have Departmental Peer Review Committees. Departmental Peer Review Committees shall be elected by full-time members of the bargaining unit in each Department with membership restricted to tenured members of the bargaining unit. The Committee shall select its own Chair.

C. Functions of Peer Review Committees (PRC), Chairs and Deans

(1) The PRC shall consider all dossiers submitted by candidates for promotion and/or tenure, and shall be responsible for securing external reviews of the candidate's scholarship in a timely manner. The PRC may also consider additional materials it deems relevant to the evaluation. All materials considered at each stage of the promotion and tenure process shall be forwarded for consideration to the next stage in the process.

(2) In Colleges which do not use Department PRCs, the College-wide PRC shall meet by September 9 to review all dossiers for promotion and/or tenure. Separate recommendations on each candidate, with supporting reasons, shall be submitted to the respective Chairs no later than October 1. A recommendation regarding each candidate shall be considered affirmative if and only if it is supported by a majority of the entire Committee membership. Committee members who have recused themselves from a particular candidate's evaluation shall not participate in the discussions of that candidate's qualifications nor shall they be counted as committee members in any voting regarding that candidate. Should a candidate receive less than a majority recommendation the Committee shall be considered not to have made an affirmative recommendation. A minority statement may also be submitted together with an indication of the number of committee members supporting the statement. A copy of both the majority and the minority statement shall also be supplied to the candidate.

Following review of the dossiers and all supporting materials, the respective Chairs will make their recommendations to the Dean by October 15. The Chairs shall also forward the recommendations of the PRC to the Dean at this time. Each candidate and the PRC shall receive a copy of his/her recommendation.

(3) In Colleges which have opted for Departmental peer review, Department PRCs shall meet by September 9 to review all dossiers for promotion and/or tenure. Separate recommendations, with supporting reasons, on each candidate shall be submitted to the Chair no later than September 21. A recommendation regarding each candidate shall be considered affirmative if and only if it is supported by a majority of the entire Committee membership. Committee members who have recused themselves from a particular candidate's evaluation shall not participate in the discussions of that candidate's qualifications nor shall they be counted as committee members in any voting regarding that candidate. Should a candidate receive less than a majority recommendation the Committee shall be considered not to have made an affirmative recommendation. A minority statement may also be submitted together with an indication of the number of committee members supporting the statement. A copy of the majority statement and the minority statement (if any) shall also be supplied to the candidate at the time the statement(s) are supplied to the department chair.

Following review of the dossiers and all supporting materials, the Chair shall submit his/her recommendations, along with recommendations of the Departmental PRC to the Dean no later than September 30. These materials shall be made available to the College-wide PRC by October 1. A copy of the Chair's recommendation shall be supplied to the candidate and the Departmental PRC by September 30.

The College-wide committee shall review the recommendations of the Departmental PRCs and Chairs to ensure that standards in the respective disciplines have been met in a way that comports with the maintenance of College-wide standards. The Committee shall make separate decisions on each candidate, with supporting reasons for its decision. The recommendations of the College-wide PRC shall be forwarded to the Dean by November 1. A recommendation regarding each candidate shall be considered affirmative if and only if it is supported by a majority of the entire Committee membership. Should a candidate receive less than a majority recommendation the Committee shall be considered not to have made an affirmative recommendation. A minority statement may also be submitted together with an indication of the number of committee members supporting the statement. A copy of both the majority and the minority statement shall be supplied to the candidate, to the Departmental PRC, and the Chair.

(4) The Dean will submit to the Provost his/her recommendation on each candidate no later than November 25. The recommendation shall be accompanied by the candidate's dossier and the recommendations of the PRCs and the Chair. Copies of the Dean's recommendation shall be sent to the PRCs, the Chair and the candidate. At this point, candidates may make a written request to the Provost for copies of letters from external referees.

D. The University-Wide Peer Review Committee and the Provost

A. University-wide PRC shall be established consisting of seven tenured members of the bargaining unit holding the rank of Professor. The Committee shall select its own Chair. The Colleges of Business Administration, Education and Human Services, Engineering, Liberal Arts and Social Sciences, Science and Urban Affairs shall each elect one member to serve on the University-wide PRC. The seventh member of the University-wide PRC will be elected at large from the entire bargaining unit. The Faculty Senate shall conduct the election for the at-large member. The term of service for all members shall be two years.

It is the function of the University-wide PRC to study dossiers and make recommendations to the Provost at least in those cases where conflicting recommendations have been made by the Departmental PRC, the College PRC, the Chair or the Dean. In addition, the Provost may refer any or all other cases to the University-wide PRC for consideration and recommendation. If a candidate's case comes to the Provost with uniformly negative recommendations from the previous levels of review, the Provost shall solicit a response from the candidate before making his/her decision on sending the case to the UPRC for its consideration and recommendation. In the cases where there have been conflicting recommendations, the University-wide PRC shall solicit comments and supplementary materials from the candidate, the PRCs, the Chair, and the Dean. In no case does the University-wide PRC have the authority to hold hearings concerning dossiers. It shall forward its recommendations on all candidates for promotion and/or tenure, with supporting reasons, to both the candidate and the Provost, as well as the Dean, College PRC, Chair, and Departmental PRC (where applicable) by January 25.

The Provost shall consider all documents and recommendations, giving particular attention to the University-wide PRC's recommendations and forward his/her recommendations to the President by February 15. In no instance shall the Provost recommend persons lacking the support of at least one of the faculty committees which have considered the case. If the Provost declines to support a candidate having uniformly favorable recommendations, the Provost must discuss the case with the University-wide PRC. Copies of the Provost's recommendation shall be sent to the candidate, UPRC (where applicable), Dean, College PRC, Chair, and Departmental PRC (where applicable) by February 15.

E. Official Notification

On or before April 15, each candidate shall be notified by the appropriate administrative officials of the decision with respect to promotion and/or tenure.

F. Grievance

According to procedures established in Article 9 of this Agreement, the denial of promotion and/or tenure may be submitted directly to grievance and arbitration on the basis that such denial was demonstrably arbitrary, discriminatory, and capricious or in violation of procedures established in this Agreement. An arbitrator may not award promotion and/or tenure to a probationary faculty member, but may remand the case back for reconsideration according to established procedures upon finding that the denial was in fact demonstrably arbitrary, discriminatory, and capricious or in violation of procedures established in this Agreement. When this occurs, the candidate shall be considered only on the basis of accomplishments completed and/or in progress during his/her probationary period. If successive reconsideration is awarded, the Arbitrator may award another one (1) year terminal contract so that the faculty member will remain employed as a faculty member for the year in which the reconsideration occurs. Any additional years shall not under any circumstances be construed to confer tenure.

G. Withdrawal

If a candidate receives an unfavorable recommendation at any stage, the candidate may withdraw from consideration unless it is the sixth year of a probationary appointment.

H. Special Provisions on Joint Appointments

In cases of joint appointments, the candidate's dossier shall be submitted to the Department, college, or academic unit with primary responsibility for the appointment. That unit shall consult with the other concerned academic unit(s) before making its recommendations concerning promotion and/or tenure.

12.13 STANDARDS FOR GRANTING PROMOTION AND TENURE

[Before the expiration of this agreement, a collaborative committee composed of an equal number of faculty appointed by the CSU-AAUP and academic administrators appointed by the administration shall develop specific criteria to assure University-wide application of standards.]

Until such time as new standards are agreed upon, the following shall be considered in evaluating faculty for promotion and tenure:

A. Teaching. The highest standards are comprehensive knowledge of the field of study, thorough preparation, intense interest in students as well as sensitivity to student interest, open-mindedness, independence and integrity, and above all, intellectual enthusiasm which is transmitted to students.

B. Creative Achievement. The standard of scholarship requires a working commitment to inquiry and research and to creative achievement. The University obligation for the generation of new knowledge and practices imposes a responsibility for creativity, whether in inquiry and investigation, writing, design and production, or in the performing and fine arts. In the best of scholars and the best of teachers, creative inquiry is joined with effective classroom teaching. Candidates for promotion/tenure who submit co-authored material for review shall also provide an explanation of their contribution to such materials.

C. Professional Service. A University faculty member is a "citizen, a member of a learned profession, and an officer of an educational institution," according to the 1940 joint AAUP/AAC Statement of Principles on Academic Freedom and Tenure. After a period of personal growth and development as a teacher and creative scholar, a faculty member may properly be expected to assume increased responsibility, in keeping with the faculty member's professional interests, for the government of the University, the standards of the faculty member's discipline, and the welfare of the civic community.

12.14 NONCONTINUATION OF A PROBATIONARY APPOINTMENT

A. A faculty member who is subject to a probationary period will receive successive annual contracts for each year of such probationary period unless: (1) the original contract states the contrary, or (2) the University has made the decision to terminate the appointment pursuant to the following procedures and has given timely notification according to the provisions of this rule.

B. A faculty member with a probationary appointment in the first year of service at the University may be terminated by written notice given to the faculty member on or before March 1 of the first year. The termination shall be effective as of the end of the contract year.

C. A faculty member with a probationary appointment in the second or third years of service at the University may be terminated by written notice given to the faculty member on or before December 15 of the second or third year. The termination shall be effective as of the end of the contract year.

D. A faculty member with a probationary appointment in the fourth, fifth, or sixth year of service at the University may be terminated by written notice given to the faculty member on or before June 1 of the previous academic year. The termination shall be effective as of the end of the contract period in June of the subsequent year.

E. Recommendations for the nonreappointment of a faculty member's services may originate with a Peer Review Committee, the Chairperson, or the Dean. The written recommendation of nonreappointment should occur at least eight weeks before the notification dates set forth above for a faculty member in the first, second or third year of service. For a faculty member in the fourth, fifth or sixth year of service, the written recommendation of nonreappointment shall occur by February 15. A faculty member whose nonreappointment is recommended shall be given an opportunity to submit materials in his or her behalf before any further recommendations are made by the various parties as specified in 12.14F. Regular academic year contracts shall be considered to expire on the third day after the spring commencement ceremony.

F. Whatever the origin of the recommendation for nonreappointment, the Peer Review Committee(s), the Chairperson, and the Dean shall consider the faculty member's qualifications, along with any additional materials submitted in his/her behalf, or instructional need, and make a recommendation to the Provost. If the several recommendations are in conflict, the Provost shall refer the matter to the University Peer Review Committee for its recommendation. The Provost shall consider all the recommendations and forward them, together with his or her own recommendation, to the President.

G. Notice of termination shall be effective if delivered to the faculty member's office on campus and signed for by the date specified, or if mailed by certified mail, return receipt requested, two days prior to the date specified to the faculty member's residence as last reported to the appropriate CSU office.

H. Probationary faculty who receive a notice of termination shall not be eligible to apply for promotion/tenure in their terminal year of employment unless a review is mandated as part of the resolution of a grievance.

I. Grievance. According to procedures established in Article 9 of this Agreement, the nonreappointment may be submitted directly to grievance and arbitration on the basis that such nonreappointment was demonstrably arbitrary, discriminatory, and capricious or in violation of procedures established in this Agreement. An arbitrator may not award promotion and/or tenure to a probationary faculty member, but may remand the case back for reconsideration according to established procedures upon finding that the nonreappointment was in fact demonstrably arbitrary, discriminatory, and capricious or in violation of procedures established in this Agreement.

12.15 CONFLICT OF INTEREST

A. Any member of a College-wide PRC who has also served on a Departmental PRC in the same promotion/tenure cycle shall recuse herself/himself from cases considered by that Departmental PRC. (No faculty member shall consider the same case twice in a given cycle.)

B. No person shall initiate or participate in any decision involving a direct benefit (e.g., initial appointment, continuance of nontenured appointment, tenure, salary increment, leave of absence) to a member of his or her "immediate family" (here defined as spouse, parent, child, sibling, grandparent or grandchild). Where such a relationship exists, the Provost shall approve a procedure which shall eliminate such related person from any role in direct benefit decisions affecting the other related person. The President shall replace the Provost in the function described above if the Provost is so affected.

C. No faculty member seeking, or having been nominated for, tenure and/or promotion shall participate in any deliberations or decisions made by the same PRC during the academic year in question. Agreement to serve on a PRC shall be construed as agreement not to receive direct benefits from decisions made by the committee.

D. No faculty member shall participate in the discussion and/or vote in a given personnel action both at the University-wide PRC level and at either the college or Departmental PRC level. If the entire faculty of a college constitutes its PRC, the conflict-of-interest provision would be invoked only when a member of the University-wide PRC has been delegated a substantial role other than as a voting member of the body in the evaluation process at an earlier stage. The faculty member shall choose at which level to participate.

E. If a Chair or other Administrator is a candidate for promotion in faculty rank, he/she shall recuse him/herself from participating in the decision on other candidates for the same rank. However, if a candidate requests a Chair or other Administrator to submit material to be included in his/her dossier before the dossier is submitted to the PRC, the Chair or other Administrator may comply with the request.

12.16 MISCELLANEOUS

A. The current contract constitutes an Agreement in regard to conditions that will follow ratification of the contract. The Board of Trustees recognizes and affirms the continuance of the existing assignments of tenure and rank that were already in effect prior to the date on which this contract shall go into effect.

B. (1) The specific terms or special conditions of any individual letter of initial appointment of a faculty member of the bargaining unit shall not contradict any criteria for promotion and tenure set forth in this article or in any college and/or departmental bylaws.

(2) A copy of article 12.15 B (1) shall be included in the text of any letter of appointment.

(3) The specific terms or special conditions of any individual letter of initial appointment of a faculty member of the bargaining unit entered into prior to May 18, 1995 , shall be controlling.

C. When a tenured faculty member leaves the bargaining unit for another majority-time position in the University, that individual, as long as the individual remains in continuous full-time employment at the University, shall retain his or her tenure and the right to return to a tenured position within the bargaining unit.

• Grievances alleging procedural violations with regard to fourth/fifth year review, promotion/tenure, and non-continuation of a probationary appointment may be filed only one time—at the point when promotion/tenure is formally denied to a member of the bargaining unit or at the point when a formal letter of non-reappointment is delivered to a member of the bargaining unit.

ARTICLE 13
FACULTY WORKLOAD AND FACULTY DEVELOPMENT PLAN

13.1 CSU FACULTY WORKLOAD GUIDELINES. Teaching, research and providing public, departmental and University service are together regarded as normal and necessary in fulfilling an academic appointment. Such an appointment implies that faculty members will do their fair share in student advising and serve on departmental, college, and University committees in assisting in the day-to-day operations of the academic enterprise. Where appropriate, it is expected that faculty members will contribute their expertise to the public good.

Policy Guidelines:

A. The normal instructional activity for a full-time faculty member shall range from 50% to 80% of the average workweek. Departments will determine the portion of instructional time devoted to undergraduate and graduate instruction. (Here and elsewhere, the term "department" shall be understood to include program units in colleges without academic departments. Likewise, the expression "department chairperson" shall be understood to include program directors or other appropriate administrators in colleges without academic departments.)

B. A faculty member's instructional assignment for the following academic year will be determined after consultation between the department chairperson and the faculty member and approval by the dean. Such consultation between the chairperson and the faculty member shall occur not later than December 1 of each year and will consider both instructional assignments and expectations regarding research activity, scholarship and service.

Adjustments in a faculty member's instructional assignment may be made by a chairperson to encourage the initiation of a research program or to acknowledge a continuing record of scholarly or creative achievement.

Faculty shall not be required to allocate funds for course buy-outs in external funding proposals unless the principal investigator determines that a reduced teaching load is required to accomplish the work proposed in the grant.

Reduced instructional assignments for a maximum of one year may also be made for faculty members new to the University in order to encourage professional development.

C. Prior to making annual instructional assignments for faculty members, chairpersons shall obtain the written approval of their dean. The instructional assignment agreed upon by the chairperson and the dean shall be submitted to the involved faculty member by January 31. Deans will bring difficult cases, issues of fairness, and issues regarding the best use of faculty to the attention of the Provost and Vice President for Academic Affairs.

The Provost and Vice President for Academic Affairs shall, in so far as possible in light of the differing missions of the various academic colleges, maintain equity in instructional assignments across the University.

D. The teaching load for faculty shall range from 8 – 12 credit hours per term or 16 – 24 credit hours per academic year. Faculty reassigned to professional activities other than instructional activities may have their instructional load reduced below these levels. Faculty who are active in productive and assessable scholarship/research/creative activity, and/or University or professional service (including service to the community) shall normally be assigned responsibility for 8 credit hours per term. Faculty may be assigned a higher load if their teaching assignments involve less than full responsibility for a course (e.g., team-teaching assignments, laboratory monitoring, supervision of interns, etc.) or if they concentrate primarily on instructional activities rather than participating significantly in productive and assessable scholarship/research/creative activity, and/or University or professional service (including service to the community). Faculty who make their primary contribution to the University through effective instructional activity shall be rewarded equally with those faculty who combine teaching with other contributions to the University. The maximum teaching load for a faculty member shall be 12 credit hours per term.

In the event of a grievance regarding the application of this provision, the burden of proof shall be on the faculty member to demonstrate significant participation in productive and assessable scholarship/research/creative activity and/or University or professional service.

E. In determining the target instructional load for individual faculty members, the department chairperson, in consultation with the faculty member, shall act in accordance with 13.1 B and consider the following factors:

(1) number of courses assigned, size of classes, amount of preparation, number of course preparations, type and amount of student work to evaluate;

(2) tutorial and independent study assignments, honors thesis supervision, and graduate student supervision ;

(3) laboratory supervision;

(4) work with performing groups, professional organizations and other field work;

(5) supervision of interns and other students assigned to outside organizations;

(6) professional associations with outside community agencies;

(7) the amount of departmental, college, University and professional service;

(8) other activities that are important for the department and University; and

(9) participation, as appropriate, in academic advising.

F. A department- and/or colleague-based “banking system” shall be developed to provide a “rolling” accounting system balancing out individual faculty members' workload over time.

G. Because the number of credit hours assigned to specific courses may vary, individual faculty members may fall slightly below their target number of course credits in any given academic year. Therefore, faculty members may accumulate either surplus points or debit points based on the variance between the target number and the number of course credits actually taught, except as indicated in 13.1 H.

H. Faculty members assigned a 16-credit hour target but who are asked to teach five courses of 3 or 4 credit hours in a single academic year shall be awarded one additional credit because of the increased number of preparations and accompanying obligations assumed by teaching more classes.

I. Plans for teaching assignments will anticipate faculty members' credit/debit accounts. The accumulation of 3-4 surplus points entitles the faculty member to a one-course reduction of equal value in teaching load in one of the next three academic years. The accumulation of 3-4 debit points obligates the faculty member to teach one additional course of equal value in the following year. Under no circumstances may faculty members accumulate more than 4 surplus points or 4 debit points.

J. For the first year of implementation the department account balance for teaching load will be a non-negative number; however, individual points will be banked as appropriate. For subsequent years departmental balances will not be required.

K. Course credits assigned as the result of compensated overload shall not figure in the banking system.

L. Faculty members who are assigned administrative or supervisory functions which are very time-consuming may request a reduction in their normal instructional assignment. Such reductions must be made by the Provost and Vice President for Academic Affairs with the express knowledge and written approval of the appropriate chairperson and dean. At the time of the administrative assignment or activity, there shall be a written agreement among the involved parties regarding the appropriate instructional load and duration.

M. Department chairpersons are normally expected to teach not less than one-half the normal instructional assignment for the faculty in the unit. In small departments, the chairperson's instructional assignment may exceed one-half the normal faculty load. Chairpersons on a twelve-month contract are normally expected to teach during each of the three semesters. Exceptions to this rule must be approved by the college dean, and the Provost and Vice President for Academic Affairs.

13.2 FACULTY PROFESSIONAL DEVELOPMENT. In addition to the professional responsibilities as described in 13.1 above, faculty are expected to continue their professional development. In order to assist in the process of faculty professional development within the context of the University's purpose and direction in the areas of teaching, research and service, the following procedures shall be employed:

A. The Faculty Annual Activities Report (FAAR) shall be due on or before April 30 of each year. The FAAR shall report on faculty activities and achievements for the preceding period May 1 -- April 30. Not later than September 30 of each year faculty shall meet with their Department Chairs to discuss their professional plans for the current academic year. The Chair and faculty member shall discuss the areas of teaching, scholarship/creative activities, and professional service, indicating what the faculty member hopes to accomplish in each of these areas. The Chair shall comment on those plans in terms of the career interests of the faculty member, the academic purpose and direction of the department, and the professional service interests of the University and community. The purpose of Faculty/Chair discussions is to develop a plan for faculty professional development that takes into consideration both individual professional development and the purpose and direction of the department, the college and the University. The Chair may also suggest alternate or additional opportunities for professional growth, and suggest possible sources of support to assist faculty.

B. The faculty member, based on the discussions with the Chair, shall prepare a written statement describing his/her planned goals and objectives for the year. The Faculty Development Plan statement shall be due on or before October 15 of each year. This statement shall be reviewed by the Department Chair and added to the Faculty Annual Activities Report (FAAR). The statement of goals and objectives may be revised or amended to reflect new directions in a faculty member's professional development. The revised or amended statemen