Our current collective bargaining agreement (CBA, sometimes called our contract) with the administration was ratified and signed in July, 2005. You may view it in the format in which we expect it to be printed by following this link. (This is a so-called pdf document and will open in a new window.)

Below you will find our previous CBA; it was valid through June 5, 2005. The only known differences between the text below and the printed copy that was distributed to all members of the Bargaining Unit are listed in the table immediately below. With those exceptions, we believe the text below is identical in content and similar in formatting to the printed copy of our previous CBA.

PREVIOUS AGREEMENT

BETWEEN
WRIGHT STATE UNIVERSITY
AND
THE WRIGHT STATE UNIVERSITY CHAPTER
OF THE
AMERICAN ASSOCIATION OF
UNIVERSITY PROFESSORS

July 15, 2002 - June 5, 2005

TABLE OF CONTENTS

Article 1
Preamble

1.1 This is an agreement by and between Wright State University (hereinafter referred to as the "University") and the American Association of University Professors, Wright State University Chapter (hereinafter referred to as WSU-AAUP).

1.2 The purpose of this Agreement is to set forth the understanding between the parties as to the terms and conditions of employment of Members of the Bargaining Unit specified herein.

1.3 The provisions of this Agreement shall take precedence over any practices, policies, or procedures which are inconsistent with its terms. Such inconsistent policies shall be null and void.

1.4 In this Agreement, whenever a reference to "department" is made, it shall be understood that this refers to the college in the College of Nursing and Health and the Lake Campus. For the College of Nursing and Health and for the Lake Campus, here and elsewhere in this Agreement, the terms "Department Chair" and "Chair" refer to the Dean.

Article 2
Recognition

2.1 The University recognizes the WSU-AAUP as the sole and exclusive representative for the Members of the Bargaining Unit described below for the purpose of collective bargaining. Exclusive recognition means that the University will not deal with any other organization, or any individual, in a manner or for a purpose inconsistent with this exclusive recognition.

2.2 Individual contracts of employment with Members of the Bargaining Unit shall be consistent with this Agreement, and if inconsistent, this Agreement shall supercede.

2.3 The Bargaining Unit consists of all full-time tenured and tenure-track faculty employed by Wright State University. Excluded from the Unit are all department chairs and heads, all ranks of deans, all ranks of provosts, all ranks of vice-presidents, the President, all other supervisors defined by Ohio Revised Code 4117.01(F), all faculty within the Schools of Medicine and Professional Psychology other than those who are tenured or tenure-track, and all other employees not included above. (Unit certified by the Ohio State Employment Relations Board on 11 June 1998.)

2.4 The terms "Bargaining Unit Faculty" and "Members of the Bargaining Unit" and "Members" wherever used in this Agreement are defined to include only those faculty members who are included in the Bargaining Unit pursuant to Section 2.3.

2.5 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 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) days from the commencement of the discussions, either party may petition the SERB for a determination of the status of the position.

2.6 The parties agree to cooperate with each other in the enforcement of this Agreement.

Article 3
Non-Discrimination

3.1 The University agrees that it shall not discriminate against an employee because of membership in or activity on behalf of the WSU-AAUP.

3.2 Neither the University nor the WSU-AAUP in carrying out its obligations under the Agreement shall discriminate on the basis of race, color, religion, disability, veterans status, national origin, ancestry, sex, age, or sexual orientation.

3.3 The University and WSU-AAUP will not tolerate any form of harassment based on sex, race, or any other category listed in Section 3.2.

3.4 Any Bargaining Unit Member charged with discrimination or harassment is entitled to due process before the University imposes any form of discipline as permitted under Article 14. However, the Member may be suspended with pay pursuant to Section 14.3. When notifying a Bargaining Unit Faculty Member that a complaint has been filed against him or her, the Office of Affirmative Action Programs will provide the Member with a written statement from the WSU-AAUP regarding the Member's rights. If the complaint is not resolved through mediation, the Office of Affirmative Action Programs will notify the WSU-AAUP President of the charges and the name of the Bargaining Unit Faculty Member being charged, five (5) days prior to a hearing.

3.5 Any Member of the Bargaining Unit who believes he or she has been discriminated against or harassed can seek relief through the Wright State University Office of Affirmative Action Programs, through a grievance under the terms of this contract, or through legal action pursuant to any applicable state or federal law. When a Bargaining Unit Faculty Member seeks relief through the Office of Affirmative Action Programs, that office will provide the Member with a written statement from the WSU-AAUP regarding the Member's rights.

3.6 Relationship by family or marriage is considered neither an advantage nor a deterrent to appointment by the University, provided the individual meets and fulfills the appropriate appointment standards. No Bargaining Unit Faculty Member will be assigned to a department or unit under the direct supervision of a relative who has or can have a direct effect on the Member's progress or performance.

3.7 Consensual sexual relations between students and Bargaining Unit Faculty with whom they also have an evaluative relationship constitute a conflict of interest. Members shall avoid such relationships or, if such a relationship does exist, make arrangements through their Department Chair to eliminate any conflict of interest or appearance of such conflict, to the extent possible.

Article 4
Affirmative Action

4.1 The University declares its determination to actively recruit, retain and promote women, minorities, protected veterans, and people with disabilities.

4.2 The University will consult with the Faculty Senate or a committee designated by the Faculty Senate before revising Affirmative Action policies that affect Bargaining Unit Faculty. If the Senate does not supply such consultation, then the University will consult with the WSU-AAUP.

4.3 A copy of the University's Equal Educational and Employment Opportunity Policies and Affirmative Action Plan will be maintained on the University's Web site.

4.4 A copy of the biennial EEO-6 Report, submitted to the Equal Opportunity Commission, shall be made available to the WSU-AAUP upon its request.

Article 5
Academic Freedom and Professional Responsibilities

5.1 Academic Freedom:

5.1.1 Academic freedom is essential for the proper development of the University. It functions to protect the institution from unwarranted interference by external groups and to ensure the retention of the services of those whose contributions toward its goals make them an essential part of the faculty. In so doing, it secures the autonomy and integrity of the University and makes its development as an intellectual community an object of primary concern.

5.1.2 Academic freedom is the unqualified right of every Member of the Bargaining Unit, whether or not that person possesses tenure. It carries a reciprocal obligation to respect and maintain the academic freedom of every other member of the University community.

5.1.3 Bargaining Unit Faculty are entitled to freedom in research and artistic expression and in the publication, display or performance of the results, subject to the adequate performance of their other academic duties.

5.1.4 Bargaining Unit Faculty are entitled to freedom to teach, profess and discuss material in the classroom subject to limits detailed below.

5.2 Professional Responsibilities:

5.2.1 Members of the Bargaining Unit, guided by a deep conviction of the worth and dignity of the advancement of knowledge, shall recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and state the truth as they see it. To this end Members shall devote their energies to developing and improving their scholarly competence. They have an obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They shall practice intellectual honesty. Although Members may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.

5.2.2 As teachers, Bargaining Unit Faculty shall encourage the free pursuit of learning in their students. They shall hold before them the best scholarly and ethical standards of their discipline. Bargaining Unit Faculty shall demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Members of the Bargaining Unit shall make every reasonable effort to foster honest academic conduct and ensure that their evaluations of students reflect each student's true merit. They shall avoid any exploitation, harassment, or discriminatory treatment of students. They shall acknowledge significant academic or scholarly assistance from students. They shall protect students' academic freedom.

5.2.3 As colleagues, Bargaining Unit Faculty have obligations that derive from common membership in the community of scholars. Members of the Bargaining Unit shall not discriminate against or harass colleagues. They shall respect and defend the free inquiry of associates. In the exchange of criticism and ideas Members shall show due respect for the opinions of others. Bargaining Unit Faculty shall acknowledge academic debts and strive to be objective in their professional judgment of colleagues.

5.2.4 In making public statements -- including the exercise of the right to responsible dissent on matters of institutional policy or educational philosophy -- Members of the Bargaining Unit have an obligation to be accurate, to exercise appropriate restraint, to show respect of the opinions of others, and to make every effort to indicate that they are not speaking for the University.

5.2.5 Bargaining Unit Faculty shall accept their share of faculty responsibilities in the academic governance of the University.

Article 6
Management Rights

6.1 Except as expressly limited by the terms of this Agreement, nothing shall limit the right and responsibility of the Board of Trustees, directly or acting through its duly constituted authorities, to exercise all powers, rights, authorities, prerogatives, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of Ohio and of the United States, whether exercised or not. Without limiting the generality of the foregoing, nothing contained herein shall in any way limit the University's right to adopt, modify, implement, or terminate policies, rules, regulations, and procedures in furtherance and accomplishment of its statutorily mandated authorities and responsibilities.

6.2 These rights include, but are not limited to, the right to:

6.2.1 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;

6.2.2 direct, supervise, evaluate, and hire Bargaining Unit Faculty or other employees;

6.2.3 maintain and improve the efficiency and effectiveness of University operations;

6.2.4 determine the overall methods, process, means, or personnel by which University operations are to be conducted;

6.2.5 suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain Bargaining Unit Faculty or other employees;

6.2.6 determine the adequacy of the work force;

6.2.7 determine the overall mission of the University;

6.2.8 effectively manage the work force; and

6.2.9 take actions to carry out the mission of the University.

Article 7
Faculty Rights and Responsibilities

7.1 Textbooks. The University and the WSU-AAUP agree that Bargaining Unit Faculty Members shall select textbooks and other teaching material (e.g. software, course notes, etc.) for the courses they teach and that the decision whether to do so individually or collectively will be made by them and by administrators who are members of their department or teach the course(s) in question. When selecting such materials, Bargaining Unit Faculty Members shall make good faith efforts to keep costs to students as low as possible without sacrificing academic needs.

7.1.1 Textbooks and other teaching material (e.g. software, course notes, etc.) for School of Medicine courses shall be selected by an all-faculty committee within that particular discipline. When selecting such materials, Bargaining Unit Faculty Members shall make good faith efforts to keep costs to students as low as possible without sacrificing academic needs. If any portion of Section 7.1.1 can be shown by an external accreditation report not to comply with accreditation standards for the School of Medicine, the textbooks shall be chosen by a Course Oversight Committee and the School of Medicine Faculty Curriculum Committee.

7.2 Grades. The University and the WSU-AAUP agree that the individual Bargaining Unit Faculty Member retains the authority to make the final determination of the grade to be awarded to each student in his or her class. Grades in School of Medicine courses taught by Bargaining Unit Faculty Members shall be based on test questions written by the faculty teaching the course and other components determined by the Course Oversight Committee.

7.2.1 If the Bargaining Unit Faculty Member cannot be contacted, there is a conflict of interest, or extraordinary circumstances serve to make the grade inappropriate, the Chair, Dean, or a provost may change a grade awarded by a Bargaining Unit Faculty Member. A grade may also be changed in accordance with specific academic policies set by the Faculty Senate or in response to a petition submitted by the student, providing that such changes are not in conflict with provisions of this Agreement. Changing a grade to A, B, C, D, F, P or U, however, requires consent of the Bargaining Unit Faculty Member who awarded the grade or, under extraordinary circumstances, consent of other Bargaining Unit Faculty in the Department.

7.2.2 A Bargaining Unit Faculty Member shall explain a grade to a student who requests such explanation during the regular office hours.

7.2.3 Bargaining Unit Faculty Members will schedule examinations, papers, or other components of the grade for each undergraduate course in a manner that will give students feedback and allow them to make informed judgments about their progress prior to the end of the fifth week of each quarter. In those graduate and advanced undergraduate courses wherein it is not feasible to comply with this requirement, Bargaining Unit Faculty Members will include a statement to that effect in the course syllabus.

7.2.4 Bargaining Unit Faculty shall turn in all course grades as soon as possible and no later than 5:00 pm of the third working day after the University's last scheduled examination period. This deadline shall only be extended in the event that the Bargaining Unit Faculty Member is unable to turn in the grades due to illness or unforeseen emergency.

7.3 Course Syllabi. Bargaining Unit Faculty Members shall provide a course outline for students in each course taught. The outline shall include a clear explanation of the course requirements, policies on grading and expectations for class attendance. The outline shall be distributed to students and to the Department Chair at the beginning of the course.

7.4 Faculty Availability.

7.4.1 Consistent with past practice, Bargaining Unit Faculty Members with academic year appointments shall be available for service at the University throughout the academic year.

7.4.2 Bargaining Unit Faculty Members have an obligation to meet their scheduled classes throughout the scheduled time, unless an alternative learning experience has been assigned in the syllabus as part of the course requirement.

7.4.3 Bargaining Unit Faculty Members who will be absent from class because of attendance at a professional meeting shall request written permission from the Chair.

7.4.4 Bargaining Unit Faculty Members who will be absent from class because of religious observance shall inform the students and the Department Chair in advance.

7.4.5 When forced by illness or unforeseen emergency to cancel class, Bargaining Unit Faculty Members shall inform the Department Chair of such cancellation. If possible, the Member will inform the Department Chair and the students of the cancellation a reasonable period of time before the class is scheduled to meet.

7.4.6 Bargaining Unit Faculty Members are expected to use the final examination period for its intended purpose and to schedule exams and other culminating class experiences during the time period designated by the Registrar.

7.4.7 Each Bargaining Unit Faculty Member shall attend an average of at least one commencement ceremony in full academic regalia every two years.

7.5 Office Hours.

7.5.1 Each Bargaining Unit Faculty Member shall maintain a sufficient number of regular office hours to meet the reasonable needs of the Member's students and advisees.

7.5.2 Regular office hours shall occur at reasonably convenient times for students and advisees; they shall be scheduled on at least two days per week; they shall be posted, distributed and included in all course syllabi; and they shall occur in the Bargaining Unit Faculty Member's faculty office or other facility equally convenient for students.

7.5.3 E-mail, voice mail and other types of electronic communication may supplement regular office hours but may not be used to replace opportunities for face-to-face meetings.

7.6 Classroom Atmosphere. In order to maintain an appropriate learning environment, Bargaining Unit Faculty Members have the right to remove a disruptive student from their class.

7.7 Summer Teaching Assignments.

7.7.1 Bargaining Unit Faculty Members on academic year appointments shall be given an opportunity to teach up to twelve (12) quarter hours every two Summer quarters (an average of six quarter hours each summer) when the University schedules classes in their department that they are qualified to teach or other classes in their college that they have taught within the previous five years, unless--

they have been denied opportunities for summer teaching as a disciplinary measure, or

they have received an evaluation of "unsatisfactory" in teaching or service pursuant to Section 11.2.1, or

they have received an "unsatisfactory" in scholarship and the sum of their ratings in teaching and service pursuant to Section 11.2.1 is less than four (4).

7.7.2 Department bylaws may include a system to determine which Bargaining Unit Faculty Members will receive summer teaching assignments when the requests for such assignments exceed the opportunities available.

7.7.3 The University may, at its discretion, award a Bargaining Unit Faculty Member more than twelve quarter hours over two Summer quarters.

7.8 Off-Campus Teaching. Bargaining Unit Faculty Members who are assigned to teach courses at off campus locations as part of their regular teaching responsibilities shall be reimbursed for mileage, parking fees and tolls in accordance with University policy on travel. When such assignments necessitate travel beyond a twenty-five mile radius of campus, the Member will receive inconvenience compensation in an amount as determined by the University. The minimum inconvenience compensation for travel 26 to 50 miles from the Member's campus office shall be $30 per trip. The minimum inconvenience compensation for travel more than 50 miles, shall be $60 per trip. If inclement weather or other hazardous conditions prevail, then the Bargaining Unit Faculty Member shall also be reimbursed for hotel and meal expenses in accordance with the University policy on travel.

7.9 Internet Access. The University will provide all Bargaining Unit Faculty Members with internet access at no cost to the individual Member. The University will maintain internet connections in a manner consistent with other Ohio universities.

7.10 E-mail. The University recognizes the technological advantage of the e-mail system for communication in a university setting and will provide the basic software for e-mail communication to all Bargaining Unit Faculty Members at no cost to the Member.

7.11 Internet Security and Privacy.

7.11.1 The University will not monitor any outgoing internet or e-mail activity of individual Bargaining Unit Faculty Members on that Member's office computer(s) without reasonable suspicion of unlawful or criminal activity.

7.11.2 A Bargaining Unit Faculty Member who commits a criminal act through the use of the Internet access provided by the University shall be liable for all damages and costs incurred.

7.11.3 When appropriate, the WSU-AAUP will be notified about monitoring involving a Bargaining Unit Faculty Member(s).

7.12 Library Privacy. Where possible, the University Libraries shall make a good faith effort to adhere to the American Library Association Code of Ethics regarding use of information about Bargaining Unit Faculty Members as library patrons.

Article 8
WSU-AAUP Rights

8.1 General: In addition to other rights and privileges accorded elsewhere in this Agreement, the WSU-AAUP shall have the rights specified below.

8.2 Access: Duly authorized representatives of the WSU-AAUP shall have access to the University premises for the purpose of transacting official WSU-AAUP business.

8.3 Use of University Facilities at No Cost: The WSU-AAUP shall be permitted reasonable use of University rooms for meetings on the same basis as other faculty groups or faculty members. The WSU-AAUP shall be permitted reasonable use of University Web pages, electronic mail system, bulletin boards, faculty mail boxes, and University mail service for communication.

8.4 WSU-AAUP Office: The University will make space available to WSU-AAUP for an office. This office shall consist of at least two adjoining rooms with no less than 100 square feet in each room. WSU-AAUP shall be responsible for the costs of telephone installation and service. The University will be responsible for normal custodial upkeep of this space. Should this space become unavailable, the University will find similar space for the WSU-AAUP office, with the University responsible for the costs associated with moving and reinstallation of phones and network ports.

8.5 Use of Printing Services: The WSU-AAUP shall be permitted the reasonable use of University printing and duplication services, on a "cost-for-use" basis. Printing/duplicating services shall be available to the WSU-AAUP solely and exclusively for activities and communication directly related to its role as exclusive representative of the bargaining unit defined in Article 2. The charges to the WSU-AAUP for such services will not exceed those assessed against other on-campus groups or individuals.

8.6 Printing of Agreement: Not later than 90 days following the ratification of this Agreement, copies of this Agreement shall be printed at the University's expense. The University shall provide the WSU-AAUP with 600 copies of the Agreement free of charge. The WSU-AAUP will distribute at least one copy of the Agreement to each Member of the Bargaining Unit. Further, the WSU-AAUP or its Members may purchase additional copies at cost.

8.7 In 2002-2003 and 2003-2004 and 2004-2005 the University will grant a pool of 30 quarter hours release time per fiscal year for the WSU-AAUP. During the term of this Agreement, the WSU-AAUP may purchase up to an additional 30 hours of release time per fiscal year at a rate of $250 per credit hour. In 2004-2005 the WSU-AAUP may purchase an additional 12 hours of release time to be used exclusively for its Negotiating Team Members at a rate of $250 per credit hour.

8.7.1 The WSU-AAUP may use its pool of hours to grant release time from research to individuals not eligible for release time from teaching. The WSU-AAUP will certify that release time from research is equivalent a specified number of quarter hours release time from teaching. Bargaining Unit Faculty Members receiving release time from research shall have the right to a proportionate adjustment in the relative weight assigned to their research in that year's annual evaluation pursuant to Section 11.2.1.

8.7.2 The following individuals are eligible to receive an award of release time from the WSU-AAUP Executive Committee: the President, Vice-President, Secretary, Treasurer, Chief Negotiator, Negotiating Team Members, Grievance and Contract Administration Officer (GCA Officer), a maximum of two Assistant(s) to the GCA Officer, and members of the Faculty Governance Committee. No individual, except the Chief Negotiator, the President, and the GCA Officer, shall be given more than one (1) course release per quarter. No individual shall be given course release(s) that eliminate all teaching in any quarter.

8.8 Information Needed for Contract Implementation.

8.8.1 During the Fall Quarter of each academic year, the University will furnish to the WSU-AAUP the name, academic department, rank, tenure status and base salary of each Member of the Bargaining Unit.

8.8.2 Changes to the Bargaining Unit Faculty, including promotions, terminations, and new hires, will be provided to the WSU-AAUP following confirmation by the Board of Trustees.

8.8.3 The University will provide to the WSU-AAUP copies of the "Official Proceedings" of meetings of the Board of Trustees, including the annual budget workshop.

8.8.4 Upon written request by the WSU-AAUP, the University agrees to provide to the WSU-AAUP such data and information that is available and that is necessary for the enforcement of this Agreement or the negotiation of future agreements.

Article 9
Academic Calendar

9.1 The University shall develop the academic calendar through negotiation with the WSU-AAUP. In this calendar, the academic year is divided into three eleven-week quarters plus a summer quarter. The summer quarter will consist of one 10 week term (C term) that is further divided into two terms of five weeks each (terms A & B). Beginning in 2003, the Fall Quarter will begin approximately eleven weeks before Thanksgiving, with a final examination week concluding no later than the Wednesday before Thanksgiving.

9.2 It is recognized that Bargaining Unit Faculty in matrix departments also follow the academic calendar set by the School of Medicine.

9.3 Holidays shall be observed in accordance with the provisions of Section 124.19 of the O.R.C., and as it may be amended. The following days are recognized as holidays:

9.4 When a holiday falls on a Saturday or a Sunday, it will be rescheduled to either Friday or Monday, and no classes shall be scheduled, unless the holiday is rescheduled to another day, established through the negotiation process in Section 9.5.

9.5 Any rescheduling of holidays to times other than those outlined in this Agreement must be negotiated. It is recognized that the following holidays may have alternative days of observance negotiated:

9.6 Since many religious observances occur on days not designated as legal holidays, the University and Bargaining Unit Faculty shall be flexible in accommodating the religious observances of faculty, students, and staff.

Article 10
Faculty Involvement in Governance

10.1 It is recognized that faculty are uniquely qualified to participate in the governance of the University, particularly with respect to academic matters. It is also recognized that faculty members can provide valuable contributions to all levels of the University administration. Bargaining Unit Faculty participation in governance consists of giving advice, making recommendations, and contributing to the establishment of bylaws as set forth in Section 10.4. During the term of this Agreement, Bargaining Unit Faculty participation in the governance of the University shall be no less than that provided for in this Article.

10.2 University Senate. The University and the WSU-AAUP recognize that Bargaining Unit Faculty and non-bargaining unit faculty participation in University-wide governance will be exercised through an independent Faculty Senate and committees and councils created by the Senate. It is understood that the Senate is a representative assembly of the fully affiliated members of the faculty and its voting members are elected by them, and it shall exercise its authority in the governance of the University so as not to conflict with this Agreement.

10.3 Departmental and College Governance.

10.3.1 The University and the WSU-AAUP recognize the necessity of Bargaining Unit Faculty participating in departmental and college matters and acknowledge the important collegial relationships that exist between Bargaining Unit Faculty, the Department Chair, and the Dean.

10.3.2 When a Department Chair takes action (or elects not to act) following a recommendation from the majority of Bargaining Unit Faculty in her or his department, the Chair shall inform them of such action and communicate the reasons for the decision either in writing or in a meeting with the Bargaining Unit Faculty. When a Dean takes action (or elects not to act) following a recommendation from the majority of Bargaining Unit Faculty in her or his College, the Dean shall inform them of such action and communicate the reasons for the decision either in writing or in a meeting with the Bargaining Unit Faculty. The parties recognize that deans and chairs will not communicate reasons for their actions (or decisions not to act) that are based on confidential information.

10.4 College and Departmental Bylaws

10.4.1 It is hereby agreed that each college and each academic department, excluding the School of Medicine and the School of Professional Psychology, shall establish bylaws specifying procedures for the participation by appropriate Bargaining Unit Faculty in the governance of their college and academic department.

10.4.2 The majority of Bargaining Unit Faculty in a department must approve departmental bylaws and amendments, and a majority of Bargaining Unit Faculty voting in a college must approve college bylaws and amendments. A majority of Bargaining Unit Faculty in the College of Nursing and Health and at the Lake Campus must approve the bylaws for their units. All college and department bylaws and amendments must also be approved by the College Dean and by the Faculty Governance Committee (10.4.8). Those bylaws and amendments for the matrix departments and for the College of Science and Mathematics that pertain to or have an impact on the School of Medicine must also be approved by the Dean of the School of Medicine.

10.4.3 Departments or colleges that have difficulty developing acceptable bylaws may seek assistance from the Faculty Governance Committee.

10.4.4 All department and college bylaws and amendments shall be consistent with this Agreement.

10.4.4.1 The bylaws for each department will state procedures by which Bargaining Unit Faculty give advice and make recommendations regarding --

faculty appointment, reappointment, dismissal, promotion, and tenure;

professional development and mentoring of new faculty;

teaching assignments and class schedules, including summer and overloads;

graduate and undergraduate curriculum and academic standards;

faculty involvement in review of chairs ; and

issues affecting the department or college.

10.4.4.2 Department bylaws will also state criteria and procedures for annual evaluation of Bargaining Unit Faculty and for promotion and tenure, both of which shall include peer evaluation of teaching by Bargaining Unit Faculty Members. The bylaws will specify that peer evaluation of teaching shall be conducted annually for all untenured Bargaining Unit Faculty Members and may specify times and circumstances when peer evaluation of teaching is to be conducted for tenured Bargaining Unit Faculty Members.

10.4.4.3 The bylaws for each college will state procedures by which Bargaining Unit Faculty give advice and make recommendations regarding --

Promotion and tenure;

Professional development leaves;

Graduate and undergraduate curriculum and academic standards;

Faculty involvement in review of deans; and

Issues affecting the college.

10.4.4.4 Each college may incorporate into its bylaws criteria for judging how well proposals for professional development leaves advance the academic qualifications of Bargaining Unit Faculty Members and enhance their contribution to the University as teachers and scholars.

10.4.4.5 Bylaws for the College of Nursing and Health and for the Lake Campus will state procedures and criteria required for both department and college bylaws in Sections 10.4.4.1 through 10.4.4.4.

10.4.4.6 Departmental and college bylaws will provide for calling meetings and setting agendas, voting at meetings, naming committees, and such other procedures as may be needed for faculty participation in governance.

10.4.5 Recognizing that the University has sole authority to appoint, evaluate, retain and remove chairs and deans, department and college bylaws will state procedures by which Bargaining Unit Faculty give advice regarding the naming of chairs and deans.

10.4.6 Except as expressly limited by the terms of this Agreement or by approved bylaws, nothing in this Article or in the bylaws of any department or college shall limit management rights, as enumerated in Ohio Revised Code 4117.08 and in Article 6 of this Agreement.

10.4.7 Only Bargaining Unit Faculty may participate in making faculty recommendations pertaining to reappointment, dismissal, tenure, promotion, and evaluation of Bargaining Unit Faculty as provided for in Sections 10.4.4.1 through 10.4.4.5. However, non-Bargaining Unit faculty in the School of Medicine shall be permitted to participate in making recommendations pertaining to reappointment, dismissal, tenure, promotion, and evaluation of Bargaining Unit Faculty in matrix departments in a manner not inconsistent with department and college bylaws. In addition, Department chairs may serve as voting members on college promotion and tenure committees if permitted in college bylaws.

10.4.8 To facilitate development and any subsequent revision of department and college bylaws, the parties will form a joint Faculty Governance Committee composed of three (3) persons selected by and representing the WSU-AAUP and three (3) persons selected by and representing the University.

10.4.8.1 The University and the WSU-AAUP shall each designate one of the Committee members as a co-chair.

10.4.8.2 The presence of both co-chairs and at least one other member from the WSU-AAUP and one other member from the University shall constitute a quorum for all meetings. A quorum is necessary to approve any bylaws or any subsequent revisions to bylaws.

10.4.8.3 Any approval of new or amended college or department bylaws requires four (4) affirmative votes.

10.4.8.4 If bylaws have not been approved pursuant to Section 10.4.2 by December 31, 2002 (either in a department or in a college) then the Faculty Governance Committee will develop bylaws for that department or college. In developing such bylaws the Faculty Governance Committee will consider language already agreed to by the Bargaining Unit Faculty and the Dean(s), past practice, approved bylaws in comparable departments or colleges, and uniqueness of the department or college for which the bylaws are being developed. Bylaws so developed by the Faculty Governance Committee shall be considered as fully "approved" as written until such time as they are amended pursuant to Section 10.4.2. The Faculty Governance Committee will make a good faith effort to complete all bylaws by May 1, 2003. If the Faculty Governance Committee cannot agree upon a set of bylaws for such department or college then the matter will be submitted for mediation under the AAA mediation rules.

10.5 Bargaining Unit Faculty Participation in the Review of Chairs and Deans.

10.5.1 Informal Reviews of Chairs and Deans. Annually, Deans will solicit feedback from Bargaining Unit Faculty about the performance of their department chair, and the Provost will solicit feedback from Bargaining Unit Faculty about the performance of their dean. Chairs and deans will not be given the informal feedback pertaining to themselves until after the Bargaining Unit Faculty Members in their unit have received their annual evaluations pursuant to Section 11.2.3.

10.5.2. Formal Reviews of Chairs and Deans. At least every five years, the University will conduct formal reviews of chairs and deans. Bargaining Unit Faculty will be included on all review committees. All Bargaining Unit Faculty in the administrator's unit will be asked to respond to questions posed in the review. A final report that summarizes findings of the review will be made available to all Bargaining Unit Faculty in the administrator's unit.

Article 11
Annual Evaluation

11.1 The purpose of the University evaluation procedure described herein is twofold: to help Bargaining Unit Faculty improve their professional development; and to inform decisions regarding merit pay, reappointment, dismissal, tenure, and promotion. In this article, whenever a reference to "department" is made, it shall be understood that this refers to the college in the College of Nursing and Health and the Lake Campus.

11.2 The Department Chair shall conduct an annual evaluation of every Bargaining Unit Faculty Member in accordance with the Department's faculty evaluation criteria established pursuant to Section 10.4.4.2. The criteria (written or unwritten) for annual evaluation in effect for each individual department and college prior to the formal approval and implementation of bylaws pursuant to Section 10.4 shall apply to the annual evaluation of all Bargaining Unit Faculty Members in a department until bylaws are approved and implemented in that department.

11.2.1 For each area -- teaching, scholarship, and service -- the Chair will provide a written evaluation and assign an integer ranging from 0 to 4 with 0 = "unsatisfactory," 1 = "adequate," 2 = "meritorious," 3 = "outstanding" and 4 = "extraordinary." The University will then calculate an overall score rounded to the nearest 10^th, based on the relative weights assigned to teaching, scholarship, and service as specified in the department bylaws.

11.2.2 For Members who began their employment as Bargaining Unit Faculty Members on or after July 1 of the preceding year, the provisions of 11.2.1 will not apply unless --

the Member's teaching was unsatisfactory according to the department's faculty evaluation criteria, or

the Member requests in writing to have integers assigned in accordance with the provisions of Section 11.2.1

In all cases, the chair will provide a written evaluation of the Member's teaching, scholarship, and service to the extent it is feasible to do so.

11.2.3 After conducting the evaluations, the Department Chair will send to each Member of the Bargaining Unit a copy of his or her evaluation.

11.3 In preparation for the Chair's evaluation, all Members of the Bargaining Unit will submit to the Chair a report of their teaching, scholarship, and service during the preceding year.

11.3.1 In addition to any materials required by this Agreement, by Department bylaws, or by the Department Chair, Bargaining Unit Faculty may include whatever material will provide evidence of successful teaching, scholarship or service.

11.3.2 The Department Chair may use other written materials if they document the Chair's direct observation or are from identifiable sources. The Bargaining Unit Faculty Member shall be given a complete copy of such materials and provided the opportunity to respond to them in writing, and the Chair shall consider the Member's response in writing her or his annual evaluation.

11.4 The Member who disagrees with the Chair's evaluation may send a written response to the Chair. This rebuttal shall be stapled to the original evaluation, forwarded to all other entities which receive a copy of the evaluation, and kept in the department or college office as described in Section 13.2.3.

11.5 Annual Review for Untenured Bargaining Unit Faculty Members

11.5.1 Included in the Chair's annual evaluation of all untenured Members of the Bargaining Unit shall be a statement reflecting peer evaluation of the individual's teaching effectiveness. The Chair and the tenured Members of the Bargaining Unit in the Department share joint responsibility for ensuring that peer evaluation is conducted each year.

11.5.2 Included with the Chair's annual evaluation of all untenured Members of the Bargaining Unit shall be a statement from the Chair summarizing the individual's cumulative progress toward obtaining tenure. (13.3.3)

11.5.3 Independent of the Chair's annual evaluation, the Department Promotion and Tenure Committee shall provide all untenured Members of the Bargaining Unit with an annual statement summarizing the individual Member's cumulative progress toward obtaining tenure. (13.3.3)

11.6 The Department Promotion and Tenure Committee shall provide all tenured Assistant and Associate Professors in the Bargaining Unit an annual statement summarizing the individual Member's progress toward promotion to the next rank, unless the individual requests that the evaluation be conducted once every three years. (13.3.4)

11.7.1 The merit raise for a Bargaining Unit Faculty Member who has no calculated overall score pursuant to Section 11.2.2 shall be computed by assigning the Member the average of the overall scores in her or his department pursuant to Section 11.2.1.

Article 12
Student Evaluation of Learning and Teaching

12.1 All Members of the Bargaining Unit shall be evaluated in each teaching quarter and at least once each year in each different course taught using the University Student Evaluation of Instruction form approved by the University and the WSU-AAUP.

12.1.1 For untenured Bargaining Unit Faculty Members, all information from these evaluations will be sent to the Department Chair.

12.1.2 For tenured Bargaining Unit Faculty Members, all numerical information from these evaluations will be sent to the Member only, and the comments portion of the form will be sent to the Department Chair.

12.2 The Bargaining Unit Faculty Member shall not comment upon the evaluation, administer it or be present during its administration.

12.3 Should a Bargaining Unit Faculty Member believe that there are compelling reasons why an evaluation of a specific course in a given quarter should not be considered in evaluative decisions, he or she may submit a written request for exclusion to the Department Chair. The Chair shall respond to this request in writing. Both this request and the Chair's written response shall be kept in the department or college office as described in Section 13.2.3.

12.4 The University and the WSU-AAUP recognize that student evaluations of teaching are important indicators of teaching effectiveness, but numerical scores from these evaluations alone neither confirm nor deny an individual's effectiveness. Thus, the Chair shall consider additional factors besides such numerical scores in evaluating a Bargaining Unit Faculty Member's teaching.

12.4.1 Low numerical scores or scores that are below college or department averages do not confirm ineffective teaching. Additional measures are needed to determine the Bargaining Unit Faculty Member's teaching effectiveness.

12.4.2 High numerical scores or scores above college or department averages do not confirm effective teaching. Additional measures are needed to determine the Bargaining Unit Faculty Member's teaching effectiveness.

12.5 The University may compute average numerical scores from student evaluations on a department, program, college, or University basis. However, such averages should not reveal the scores of any individual tenured Bargaining Unit Faculty Member.

12.6 Any modification of the Student Evaluation of Instruction Form shall be approved by both the University and the WSU-AAUP.

Article 13
Promotion and Tenure

13.1 Promotion and tenure are milestones in the continual process of faculty development. Bargaining Unit Faculty have the responsibility to help in the development of their colleagues. The University and WSU-AAUP affirm that faculty promotion and tenure are indispensable for the proper functioning of the University. Tenure ensures the retention of talented permanent faculty, secures faculty autonomy and forms the basis for the development of an intellectual community. Above all, tenure protects the academic freedom of faculty to conduct their teaching and research without constraint by interests both inside and outside the University or economic pressures.

13.2 Definitions

13.2.1 Promotion is the advancement in professorial rank according to applicable departmental criteria for each rank. An Assistant Professor must complete a probationary period before promotion to Associate Professor and granting of tenure by the University.

13.2.2 Tenure is a commitment by the University to provide a series of continuous annual appointments to Bargaining Unit Faculty Members. These appointments can be terminated only by resignation, retirement, removal for cause, or retrenchment.

13.2.3 Beginning September 1, 2002 The University shall maintain in Department or College offices the following items (to the extent such items exist as of September 1, 2002, or are thereafter created) for each Bargaining Unit Faculty Member:

the offer letter (13.3.1);

a copy of the criteria signed by the Bargaining Unit Faculty Member and the Department Chair (13.4.2);

a signed copy of any changed criteria and/or procedures (13.4.4.1-13.4.4.2);

a signed copy of any written agreements about changes to the probationary period pursuant to Sections 13.3.5 - 13.3.7;

annual evaluations by the Department Chair (11.2.1) and any written rebuttals to the annual evaluation (11.4);

peer evaluations of teaching (11.5.1);

annual statements summarizing cumulative progress toward tenure from the Department Chair (11.5.2) and from the Department Promotion and Tenure Committee (11.5.3);

annual or triennial statements summarizing cumulative progress toward promotion from the Department Promotion and Tenure Committee (11.6); and

Student Evaluation of Instruction forms or transcribed comments and all quantitative reports received by the Department Chair during at least the past seven years (12.1.1 & 12.1.2).

When removing student evaluation forms, transcribed comments, or quantitative reports, the university will send them to the Bargaining Unit Faculty Member to whom they pertain.

13.2.4 The Promotion and Tenure Document is the information that the candidate seeking promotion and/or tenure submits to the department promotion and tenure committee summarizing his or her case for promotion and/or tenure. It consists of a candidate review statement, evidence of teaching effectiveness, and curriculum vitae. Optionally, it may also include appropriate additional items in the form of an appendix (13.6.2.8).

13.2.5 The Promotion and Tenure File consists of the Promotion and Tenure Document, letters from external reviewers, statements and recommendations from the Department Chair, the Dean, and the Department, College, and University Promotion and Tenure Committees, and a form recording the votes of various promotion and tenure committees and the recommendations of the Chair and the Dean.

13.3 General Procedures for Promotion and Tenure.

13.3.1 At the time of initial appointment, a Bargaining Unit Faculty Member beginning a period of probationary tenure-track service shall be provided with a written statement outlining the Member's duties, including initial teaching responsibilities; any special equipment or other special resources (including initial access to lab space) necessary for the Member's research to be provided by the University; reporting structure; and maximum length of the probationary period. The maximum length of the probationary period shall be no more than two years for Professors, three years for Associate Professors, and six years for Assistant Professors.

13.3.1.1 Any tenure-track Assistant Professor who leaves the University before the end of the probationary period and then is rehired by the University as a Bargaining Unit Member will normally have a probationary period equal to six years minus the number of full years he or she was previously employed on a tenure-track at the University. If the individual's absence from Wright State was for three full years or longer, then the probationary period will be at least three years. If during her or his absence from Wright State the individual obtains a terminal degree in a new field, then the restrictions to the probationary period pursuant to 13.3.1.1 will not apply.

13.3.1.2 If a Bargaining Unit Faculty Member begins employment January 1 or later, the partial academic or fiscal year shall not count as part of the probationary period.

13.3.1.3 Individuals may choose to go up for promotion and/or tenure in the Fall of any year during their probationary period.

13.3.1.4 The appointment of a Bargaining Unit Faculty Member who is not granted tenure by the end of the period of probationary service shall be terminated after one additional year of service (terminal year). The Bargaining Unit Faculty Member shall not be reconsidered for promotion and/or tenure during the terminal year.

13.3.2 Dismissal of an untenured Bargaining Unit Faculty Member.

13.3.2.1 Except in the case of retrenchment or during the first year of probationary tenure-track service, an untenured Bargaining Unit Faculty Member can be dismissed for deficient performance in teaching, scholarship and/or service only if (1) such deficient performance was specified in a written evaluation, (2) at least two academic quarters were given to address any deficiency, and (3) any deficient performance continued. The decision to terminate an untenured Bargaining Unit Faculty Member for such deficient performance will be made by the Dean, who shall first consult with the Department Promotion and Tenure Committee. The Committee will have the opportunity to meet, to discuss the case, and to make recommendations to the Dean before any decision regarding termination for deficient performance.

13.3.2.2 Notice of dismissal for deficient performance shall be given in writing not later than February 1 of the first academic year's service and not later than twelve months in advance of termination of employment each year thereafter.

13.3.2.3 Untenured Bargaining Unit Faculty Members can also be dismissed for (a) demonstrated dishonesty in teaching or scholarship; (b) substantial and manifest neglect of duty; (c) personal conduct which substantially impairs the Bargaining Unit Faculty Member's fulfillment of the institutional responsibilities, or (d) malicious conduct which directly obstructs the performance of instructional or scholarly programs authorized or permitted by the University. The procedures outlined in Article 15 (15.4 - 15.14) will apply in the case of a dismissal pursuant to Section 13.3.2.3.

13.3.3 Each year, all untenured Bargaining Unit Faculty Members shall receive written statements summarizing their progress toward obtaining tenure from both their Department Chair and their Department Promotion and Tenure Committee (11.5.2 and 11.5.3).

13.3.4 For Members of the Bargaining Unit who are tenured Assistant and Associate Professors, an evaluation on the individual's cumulative progress toward promotion to the next rank will be conducted by the Department Promotion and Tenure Committee every year unless the individual requests that the evaluation be conducted once every three years (11.6).

13.3.5 If the University grants a Bargaining Unit Faculty Member a leave of absence during the probationary period, the time of the leave shall count as part of the probationary period if the Bargaining Unit Faculty Member receives normal salary support from Wright State University during the leave. Unpaid leaves of at least two quarters duration, including FMLA leave, shall not count as part of the probationary period unless the leave is for a visiting professorship at another university. Exceptions to the above must be by written mutual agreement of the Bargaining Unit Faculty Member and the Dean.

13.3.6 Bargaining Unit Faculty Members may be granted, upon request, a one-year extension of the probationary period under any of the following circumstances. No more than two one-year extensions will be granted to a Bargaining Unit Faculty Member for any reason.

13.3.6.1 The birth of a child or adoption of a child under age six. Bargaining Unit Faculty may request a maximum of two one-year extensions should more than one child be born or adopted during the probationary period. The request must be made within one year of the birth or adoption and prior to the beginning of the final year of the probationary period.

13.3.6.2 Need to devote substantial time to the care of a seriously ill or injured person. The probationary period may be extended for one year. The request must be made prior to the submission date for the promotion and/or tenure document .

13.3.6.3 Serious illness or injury of an untenured Bargaining Unit Faculty Member. The probationary period may be extended for one year. The Member should submit a letter from an appropriate, licensed medical or mental health professional concerning the illness with the request for extension of the probationary period. The request must be made prior to the submission date for the promotion and/or tenure document . The University has the right to require a second opinion to confirm the diagnosis and the potential limitations it places on the Bargaining Unit Faculty Member. If the University requires a second opinion, it will be at the expense of the University.

13.3.7 A request to extend the probationary period should be made in writing to the Department Chair, who will forward the request to the Department Promotion and Tenure Committee. Recommendations from both the Department Promotion and Tenure Committee and the Department Chair will be forwarded to the Dean within twenty (20) working days. In consultation with the Provost, the Dean will determine whether to grant an extension of the probationary period and will notify the Bargaining Unit Faculty Member within ten (10) working days after receiving the request.

13.3.8 Tenure shall be granted to those Assistant Professors who are promoted to the rank of Associate Professor. Only under exceptional circumstances shall Assistant Professors be granted tenure. A Professor or an Associate Professor shall be granted tenure during the stated period of probationary service unless notification of a terminal appointment is given.

13.3.9 By September 15 of each year, the University will publish the deadlines for completion of promotion and tenure documents and files. The schedule shall be made available to department chairs, deans, the WSU-AAUP, and individual Bargaining Unit Faculty Members.

13.3.10 No person reviewing the candidate's file shall have more than two votes, or (in the case of a Dean or Department Chair) one vote and a required individual letter, on a candidate's promotion and/or tenure. That is, a faculty member may vote on two, but not all three Promotion and Tenure committees (Department, College, University) in a specific case. A Department Chair may serve on a College Promotion and Tenure Committee, if college bylaws permit and the chair is elected by Bargaining Unit Faculty. Ineligibility to vote shall not be considered the same as abstention.

13.4 Departmental Criteria and Procedures for Promotion and Tenure

13.4.1 Departmental criteria and procedures shall be specified in every department's bylaws, and must be consistent with this Agreement. Department bylaws may specify more than one set of criteria to accommodate differences in academic specialties or assignments of Bargaining Unit Faculty in the department . Each department's criteria must address the relative value placed on teaching, scholarship and service, the standards of acceptable performance in teaching, scholarship and service, and the methods for evaluating teaching, scholarship and service.

13.4.1.1 A candidate's academic paper, book or similar work which has been accepted for publication but is not yet published shall be credited to the Bargaining Unit Faculty Member if the Member supplies adequate documentation confirming that the work is definitely scheduled for publication without further revision.

13.4.1.2 Departmental criteria and procedures should specify the extent to which previous work shall be credited to the Bargaining Unit Faculty Member. Previous work refers to publications or other academic work in teaching, scholarship, or service which was substantially completed prior to tenure-track appointment at Wright State.

13.4.1.3 For promotion to Professor, the candidate's entire work will be evaluated. Department criteria for promotion to Professor may take into consideration standards at peer institutions, which have similar degrees offered at the departmental level.

13.4.1.4 Departmental criteria and procedures should indicate the extent to which collaborative work, such as jointly authored papers or jointly authored or edited books shall be credited to the Bargaining Unit Faculty Member.

13.4.1.5 All criteria that are used by College or University Promotion and Tenure Committees shall be included in departmental criteria.

13.4.2 A copy of applicable departmental criteria and procedures for promotion and tenure shall be attached to the letter offering a Bargaining Unit Faculty appointment at Wright State University and maintained in the department or college office pursuant to Section 13.2.3. A copy of the criteria signed by the Bargaining Unit Faculty Member and the Department Chair will be sent to the WSU-AAUP during the individual's first month of WSU employment.

13.4.3 All Bargaining Unit Faculty Members in a department shall be given copies of departmental promotion and tenure criteria and procedures whenever that department changes the criteria and/or procedures.

13.4.4 Department promotion and tenure criteria and procedures may be amended by approval of the Bargaining Unit Faculty of a department, the Dean, and the Faculty Governance Committee.

13.4.4.1 Criteria and procedures applicable to a Bargaining Unit Faculty Member at the time of appointment may not be changed during the probationary period unless 1) the changed criteria and procedures are in the bylaws of the Member's department and 2) written consent of the Bargaining Unit Faculty Member, the Promotion and Tenure Committee, and the Department Chair is obtained. A copy of changed criteria and procedures, signed by the Bargaining Unit Faculty Member and the Department Chair, will be sent to the WSU-AAUP and maintained in the department or college office pursuant to Section 13.2.3.

13.4.4.2 Criteria and procedures applicable to a tenured Bargaining Unit Faculty Member seeking promotion may be changed, if the changed criteria and procedures are in the bylaws of the Member's department, with either 1) six years notice or 2) the written consent of the Member, the Department Promotion and Tenure Committee, and the Department Chair. A copy of changed criteria and procedures applicable to a Bargaining Unit Faculty Member, signed by the Member and the Department Chair (if criteria are less than six years old), will be sent to the WSU-AAUP and maintained in the Department or College office pursuant to Section 13.2.3.

13.4.5 . Every five years, beginning in 2005, the Faculty Governance Committee will oversee departmental review and modification (if necessary) of all criteria and procedures for promotion and tenure. Following this review, whether or not they are modified, copies of criteria and procedures will be sent to all Bargaining Unit Faculty in the department.

13.4.6 Each department shall form a promotion and tenure committee. The Department Chair may serve as a non-voting member of the Department Promotion and Tenure Committee if permitted by the department's Bylaws. Also, School of Medicine faculty members may serve on a matrix department's promotion and tenure committee, if permitted by the department's bylaws. Otherwise, only tenured Bargaining Unit Faculty Members may serve on department promotion and tenure committees. The criteria and procedures for promotion and tenure, including Committee composition and voting rights of department faculty, should be specified in departmental bylaws. The Committee shall be composed of at least three (3) voting members. The provisions in this section do not apply to the College of Nursing and Health or Lake Campus, which do not have a department level.

13.4.7 The recommendations of the Department Promotion and Tenure Committee should be consistent with the Committee's annual written evaluations (13.3.3 and 13.3.4). If the recommendation is not consistent with these evaluations, then the committee shall explain the reasoning for this difference in the written recommendation.

13.5 College Procedures for Promotion and Tenure.

13.5.1 Each college shall have a promotion and tenure committee composed of the Dean, who does not vote at the college level, and at least five tenured faculty members, at rank of Associate Professor or above, who are chosen according to procedures developed by the college. College bylaws shall specify the selection and composition of the committee and its operational rules and procedures, including selection of the Committee Chair. Except in the School of Medicine and the School of Professional Psychology, and for Department Chairs pursuant to Section 13.3.10, only Bargaining Unit Faculty Members may serve as voting members on college promotion and tenure committees.

13.5.2 The college Promotion and Tenure Committee shall evaluate candidates using the applicable departmental criteria for that candidate.

13.5.3 The School of Medicine Faculty Development Committee shall make recommendations regarding the promotion of matrix Bargaining Unit Faculty Members using the applicable departmental criteria for that candidate.

13.6 The Promotion and Tenure Process.

13.6.1 Bargaining Unit Faculty appointment, promotion, and tenure recommendations should aim to strengthen the academic community. The process for granting promotion and/or tenure to a Bargaining Unit Faculty Member must be initiated at the departmental level, either by the Department Promotion and Tenure Committee or by the Bargaining Unit Faculty Member. The Member must submit a written request to the Department Chair, with a copy to the Department Promotion and Tenure Committee, by October 1 (or earlier if specified in department bylaws). The candidate must then submit a complete promotion and tenure document, along with complete copies of her or his published and submitted scholarship, to the Department Promotion and Tenure Committee by the deadline established by the college. The candidate must be informed in writing of the Department Committee's recommendation ten (10) working days before the promotion and tenure file is submitted to the college.

13.6.2 The candidate's promotion and tenure document shall contain:

13.6.2.1 the candidate review statement. (Appendix A).

13.6.2.2 applicable department promotion and tenure criteria.

13.6.2.3 any approved extension(s) of the probationary period.

13.6.2.4 reports on peer evaluation of teaching.

13.6.2.5 the annual statements from the Department Chair and Promotion and Tenure Committee indicating the candidate's progress toward tenure received during the probationary period. For an Associate Professor seeking promotion to Professor, the document should include the most recent statements about progress toward promotion (maximum of six required) given to the candidate in the period since his or her last promotion.

13.6.2.6 evidence of teaching effectiveness. Untenured Bargaining Unit Faculty Members who are applying for tenure must include a statistical summary and frequency distributions of all required student evaluations of teaching pursuant to Article 12.1 of this Agreement, unless stipulated otherwise in departmental bylaws.

13.6.2.7 the candidate's curriculum vitae, which must include a description of the candidate's teaching, scholarship, and service. See Appendix B for suggested content and format of the curriculum vitae.

13.6.2.8 Appropriate additional items in the form of an appendix may also be included. However, items included in the Appendix will normally not be transmitted beyond the level of the Department Promotion and Tenure Committee. The Dean will decide which Appendix items (if any) will be transmitted and will insert at the beginning of the candidate's promotion and tenure file a list of the specific Appendix items that have not been transmitted with instructions as to where and how they may be inspected.

13.6.2.9 The evidence of teaching effectiveness (13.6.2.6) and curriculum vitae (13.6.2.7) may, together, total no more than thirty-five pages. Successful promotion and tenure documents are frequently much shorter than thirty-five pages.

13.6.2.10 Along with the Promotion and Tenure document, the Member must submit complete copies of all relevant books, articles, and other manuscripts listed as published, in press, or under review in the curriculum vitae. Works used to document a successful promotion or tenure application in the past need not be submitted unless specifically requested by the Department Chair, the Dean, or the chair of a promotion and tenure committee. The Department Chair will make these materials available to all members of the Department Promotion and Tenure Committee, and the Dean will make these materials available to all members of the College Promotion and Tenure Committee. These copies of the Member's scholarly work are normally not transmitted beyond the level of the College Committee, but the Dean will make them available to all members of the University Promotion and Tenure Committee who request to see them.

13.6.2.11 A scholarly work will only be considered if it is reported on the Member's curriculum vitae and if the Member submits a complete copy of the work to the Department Promotion and Tenure Committee pursuant to Section 13.6.2.10. Thus, unless a complete manuscript is submitted to the Promotion and Tenure Committee by the deadline established by the college (13.6.1), a work will not be counted toward fulfilling criteria for promotion and/or tenure.

13.6.3 After the candidate has submitted the complete promotion and tenure document, it may not be altered without permission of the candidate and the Department Chair. Except for additions in accordance with Section 13.6.6, the document cannot be altered after it has been voted on by the College Promotion and Tenure Committee. The document becomes part of the tenure and promotion file to which the candidate may add only letters of rebuttal and/or evidence to support the letter(s) of rebuttal. A rebuttal letter and supporting evidence may confirm publication of an item listed in the curriculum vitae as under review, but it cannot admit previously unlisted works into the Member's record of scholarship. The file will eventually also contain:

13.6.3.1 letters of recommendation by external or internal reviewers, copies of letters soliciting the reviews and brief statements of the reviewers' qualifications. The candidate and the Department Promotion and Tenure Committee shall agree on a list of individuals from whom letters of evaluation will be solicited, and the Committee is responsible for soliciting the evaluations from that list. At least three letters of evaluation from peers external to the University are required for all promotion and/or tenure decisions. All letters received from external reviewers shall be included in the file. The external evaluators should be experts in the field of the candidate, and, if they are faculty members at academic institutions, they should hold at least the rank to which the candidate aspires. These letters should evaluate the candidate's scholarly activities. They should not be testimonial in character, and they should not relate to promotion and tenure at the writers' institutions. All letters of evaluation received must be included in the file.

13.6.3.2 a record of the Department Committee's vote and recommendation and the statement of the Department Chair. The Committee shall explain the reasoning for its conclusions in its recommendation. In the case of a Bargaining Unit Faculty Member applying for tenure, both the statements of the Chair and the recommendation of the Department Promotion and Tenure Committee shall include an evaluation of the candidate's teaching effectiveness based in part on peer evaluation by Bargaining Unit Faculty Members.

13.6.3.3 a record of the College Committee's vote and recommendation and the statement of the Dean. The Committee shall explain the reasoning for its conclusions in its recommendation. If the College Committee reverses a recommendation by the Department Committee, it must add a statement to the file explaining its reversal.

13.6.3.4 the recommendation of the University Promotion and Tenure Committee. If the University Committee reverses a recommendation by the Department Committee, the College Committee, or the Dean, it must add a statement to the file explaining its reversal. A reversal of recommendations by both the Department and the College Committees shall be regarded as an extraordinary event, and the University Committee shall be obligated to include in the file clear explanation for its extraordinary decision.

13.6.4 Once the promotion and/or tenure process has begun, only the candidate may terminate the process. To do so, the candidate must submit written notice of withdrawal to the Department Chair, who will then convey this information to the Dean and the Provost, as appropriate.

13.6.5 If the Department, College, or University Committee reviews materials that are not part of the individual's promotion and tenure file, the chair of that Committee shall immediately make such materials available to the candidate.

13.6.6 The candidate has the right to access and obtain copies of the promotion and tenure file at any stage of the process and after its completion. If the candidate disagrees with any of the statements or conclusions in the file, the candidate may submit a letter of rebuttal and supporting evidence, if desired. The rebuttal letter(s) and supporting evidence will be added to the candidate's promotion and tenure file and will be given full consideration at all subsequent stages of the promotion and tenure process. At each stage, a rebuttal letter and supporting evidence may not exceed fifteen pages, although it may reference additional items with instructions as to where and how they may be inspected.

13.6.7 The Department Chair shall inform the Candidate promptly of the decision and vote of the Department Promotion and Tenure Committee and provide the Candidate access to his or her file, which includes the Committee's recommendation and the Chair's letter. The Candidate will have ten (10) working days to review the file and to add a rebuttal letter. The Department Chair will then transmit the file to the College Promotion and Tenure Committee.

13.6.8 The College Promotion and Tenure Committee shall use the applicable departmental criteria to review the candidate's file and make its recommendation. The College Dean shall inform the Candidate promptly of the decision and vote of the college Promotion and Tenure Committee and provide access to the Candidate's file, including the College Committee's recommendation and the Dean's letter. The Candidate will have ten (10) working days to review the file and to add rebuttal material. The Dean will then transmit the file to the University Promotion and Tenure Committee.

13.6.9 The University Promotion and Tenure Committee shall be chaired by the Provost. It shall include all college deans and one Professor elected by each college and one Professor-at-large, who is a member of the Bargaining Unit, to be elected by the Faculty Senate. All Professors must be tenured Members of the Bargaining Unit, except those representing the School of Medicine and the School of Professional Psychology. Faculty who hold administrative positions of assistant dean or higher are not eligible for election to the University Promotion and Tenure Committee. An academic unit which does not have a Professor eligible for election may elect a Professor from another academic unit. Deans and faculty from colleges or schools which do not have tenure cannot vote on a tenure case with the following exception: The Dean and representative faculty member from the School of Medicine are eligible to vote on tenure cases involving Bargaining Unit Faculty from matrix departments. A simple majority is required of all eligible Committee members who are present and voting on all tenure and/or promotion cases.

13.6.10 The University Promotion and Tenure Committee shall use the applicable departmental criteria to review the candidate's file and make its recommendation.

13.6.11 The Provost shall inform the candidate promptly of the decision and vote of the University Promotion and Tenure Committee and provide the candidate access to his or her file, which will include the Committee's recommendation, a record of the vote, and any statements as required in Section 13.6.3.4. The candidate will have ten (10) working days to review the file and to add rebuttal material. In the case of a negative recommendation by the University Committee, this rebuttal will constitute an appeal to the University President.

13.6.12 By April 1 of each year, the Provost shall forward all recommendations of the University Promotion and Tenure Committee to the University President for consideration and recommendation to the Board of Trustees. The Board of Trustees will announce all promotions and all grants of tenure as soon as feasible.

13.7 Promotion and Tenure Appeals

13.7.1 Regardless of whether a Candidate adds rebuttal material pursuant to Section 13.6.12, he or she may appeal a University Promotion and Tenure Committee recommendation on the grounds that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the applicable criteria included in the Promotion and Tenure File, or (c) the outcome was arbitrary, discriminatory or capricious. To do so, the Candidate must submit to both the Provost and the WSU-AAUP Grievance and Contract Administration (GCA) Officer an appeal petition within ten (10) working days after notification of the decision and vote of the University Promotion and Tenure Committee. The supporting documentation for the appeal must be submitted to the Provost and GCA Officer within ten (10) working days after the petition is submitted .

13.7.2 Upon receiving an appeal petition from one or more Bargaining Unit Faculty Members, the WSU-AAUP and the University shall form a Promotion and Tenure Appeals Committee consisting of three tenured Bargaining Unit Faculty Members selected by the WSU-AAUP and three department chairs, assistant or associate deans who are also tenured faculty selected by the University. In addition, the WSU-AAUP and the University will each appoint two alternate members to the Committee. Each of the members, including the alternates, selected by the WSU-AAUP must be from different colleges. Likewise each of the members, including the alternates, selected by the University must be from different colleges. All meetings of the Promotion and Tenure Appeals Committee will include exactly six voting members: three Bargaining Unit Faculty appointed by the WSU-AAUP and three faculty (department chairs, assistant or associate deans) appointed by the University. Any members of the Committee who have previously voted on or written a letter for the case under appeal or are from the appellant's college shall recuse themselves.

13.7.3 The Promotion and Tenure Appeals Committee shall have Co-Chairs. One Co-Chair must come from and be elected by the Bargaining Unit Faculty appointed by the WSU-AAUP, and one Co-Chair must come from and be elected by the faculty members appointed by the University.

13.7.4 Procedures of the Promotion and Tenure Appeals Committee.

13.7.4.1 If at least three members of the Committee agree, the Committee may request that the appellant or other persons with knowledge of the case appear before the Committee or respond to the Committee's questions in writing.

13.7.4.2 Following the review of materials and testimony relevant to a given case, the Committee will determine if any of the criteria listed in 13.7.1 appear to be substantiated. The Committee will then send to the President a report stating its findings (as to whether or not any criteria listed in 13.7.1 appear to be substantiated), the basis for its findings, and its recommendations.

13.7.4.3 Recommendations of the Committee require a majority vote, but minority opinions must be represented in the final report if the minority so desires. A vote will be taken after initial discussion of the case. This initial vote will be followed by discussion and the vote will be repeated. This process will continue until the same vote is obtained for two voting rounds. All voting will be by secret ballot.

13.7.5 If the Committee is not able to reach a consensus, members of the Committee may write dissenting opinions, which shall be attached to the majority opinion. If the six person Committee is divided three to three, then both groups will file a report. The Committee will make a good faith effort to consider the appeal and issue its written report no later than thirty (30) working days after the appeal was filed.

13.7.6 If the Board of Trustees approves a promotion or grant of tenure based on a Promotion and Tenure Appeals Committee recommendation , the promotion and/or tenure shall be made retroactive to the normal promotion date for candidates from that department.

13.8 Promotion and Tenure Grievances.

13.8.1 A promotion case not resolved by appeal (13.7) may be grieved and will go directly to arbitration if the WSU-AAUP concurs with the candidate that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the applicable criteria included in the Promotion and Tenure File, or (c) the outcome was arbitrary, discriminatory or capricious.

13.8.2 The arbitrator may remand the promotion or tenure decision being grieved with directions as to which of the existing procedures in this Agreement or in applicable college or department bylaws are to be followed and may, if appropriate, grant an additional terminal year.

13.8.2.1 The arbitrator may advise on altering procedures and time limits to expedite the remand process.

13.8.2.2 The arbitrator does not have authority to award promotion or tenure to a Bargaining Unit Faculty Member.

13.8.3 Individuals and committees to whom a promotion or tenure case is remanded will duly consider all advice and recommendations of the arbitrator.

13.8.4 A tenure case may be sent to arbitration only one time. A promotion case may be sent to arbitration no more than once every three years.

Article 14
Discipline

14.1 The University has and retains the right to apply discipline up to and including termination of a Bargaining Unit Faculty Member pursuant to Articles 14 and 15. In determining whether or not to impose discipline and the severity of such discipline the University shall consider the severity of the Bargaining Unit Faculty Member's conduct and his or her disciplinary record, and the provisions in Article 5, "Academic Freedom and Professional Responsibilities."

14.1.1 The Office of the Provost shall be consulted on all disciplinary measures more severe than a letter of reprimand.

14.1.2 Except for suspensions pursuant to Section 14.3, disciplinary measures of suspension, either with or without pay, or removal of tenure shall be imposed in accordance with procedures outlined in Article 15.

14.2 The University will not impose discipline except for just cause.

14.3 When in the judgment of the President or a provost the presence of a Bargaining Unit Faculty Member on University property presents a threat to health or safety of any person in the University community or represents a threat of disruption of or interference with any normal and lawful activities of the University, its staff or students, the President or a provost may suspend the Member pending the disposition of the disciplinary process provided for under Articles 14 and 15. Such suspension shall be with pay. The President or a provost may also direct that the Member be removed and barred from University property.

14.4 When the University has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall conduct an investigation.

14.5 Prior to imposing disciplinary action, a department chair, dean, or provost will meet with the Bargaining Unit Faculty Member to discuss the charge(s) against the Member and provide the Member with an opportunity to present his or her case.

14.5.1 The Bargaining Unit Faculty Member shall be given the opportunity to be accompanied by a WSU-AAUP representative.

14.5.2 At least five (5) working days prior to the meeting, the University shall notify both the Bargaining Unit Faculty Member and the WSU-AAUP of the specific charge(s) to be discussed at the meeting.

14.5.3 If the matter is not disposed of by mutual agreement at the meeting and the University decides to impose discipline more severe than a letter of reprimand, the Bargaining Unit Faculty Member and the WSU-AAUP shall be sent a written statement of the charges and the discipline imposed. Such statement will be signed by the administrator imposing discipline and initialed by a provost.

Article 15
Suspension and Tenure Removal

15.1 The University, subject to the procedures outlined in this Article and in Article 14, has and retains the right to suspend or terminate the employment of a Bargaining Unit Faculty Member.

15.2 Probationary Members of the Bargaining Unit may be dismissed for deficient performance in accordance with Section 13.3.2.

15.3 Except as provided for in Section 14.3, any Member of the Bargaining Unit may be suspended or terminated for (a) demonstrated incompetence or dishonesty in teaching or scholarship; (b) substantial and manifest neglect of duty; (c) personal conduct which substantially impairs the Bargaining Unit Faculty Member's fulfillment of the institutional responsibilities, or (d) malicious conduct which directly obstructs the performance of instructional or scholarly programs authorized or permitted by the University.

15.4 Charges may be brought against a Member of the Bargaining Unit by an administrator who is a tenured faculty member. Such charges shall be made in writing with reasonable particularity of the grounds for removal or suspension within one or more of the categories in Section 15.3 and shall be presented to the President of the University.

15.5 The University President shall, as soon as possible, inform the accused Bargaining Unit Faculty Member and the WSU-AAUP in writing of the charges, specifying which one or combination of the categories in Section 15.3 comprise the basis of the charges.

15.6 Before a formal hearing is conducted the University President or designee shall call a meeting with the charging party, the accused Bargaining Unit Faculty Member, and a representative of the WSU-AAUP. The purpose of this meeting shall be to reveal and clarify all related facts in the case and to attempt resolution of the matter through informal discussion. Additional meetings may occur provided the University President or designee and the Bargaining Unit Faculty Member being charged believe that further meetings will serve a useful purpose.

15.7 If after informal discussion, the University President or designee determines that charges are warranted, he or she shall submit the matter to the Executive Committee of the Faculty Senate (hereafter Executive Committee). The Executive Committee shall arrange a formal hearing in accordance with principles and procedures described in Sections 15.9 -15.13, subject only to the Committee's judgment that all preliminary steps and conditions described above have been observed to the extent practicable and that a prima facie case has been made.

15.8 The Executive Committee shall create a Hearing Board comprised of five members. The Hearing Board shall be created in the following manner: There shall be a standing Tenure Removal Committee of twelve tenured Professors, six primary and six alternate members, with the Colleges of Business and Administration, Education and Human Services, Engineering and Computer Science, Liberal Arts, Science and Mathematics, and College of Nursing and Health, and the Lake Campus having representation on the Committee. In the event that a College does not have a Professor who can serve as a member of the standing Tenure Removal Committee, a tenured Professor from another college will be asked by the Executive Committee to serve on the Committee. The Executive Committee shall select the members of this Committee on the basis of their objectivity and competence and of the regard in which they are held in the academic community. All members of the Tenure Removal Committee shall serve three-year terms, which are staggered. The selection of new members of this Committee shall be made each year by the Executive Committee , subject to approval by the Faculty Senate.

15.9 The Executive Committee shall notify in writing the accused Bargaining Unit Faculty Member, those presenting charges, the University President, and the WSU-AAUP of the intended hearing and of the composition of the Tenure Removal Committee, both primary and alternate members. Within ten calendar days after they have received notice of the intended hearing, the accused faculty member and those presenting charges are entitled to move to disqualify for cause any or all members of the Hearing Board, which is derived from the Tenure Removal Committee. In addition, the accused Bargaining Unit Faculty Member has the right to one peremptory challenge before the Hearing Board is finalized. Members of the Tenure Removal Committee may move to disqualify themselves only to avoid a conflict of interest or the appearance of impropriety. Motions to disqualify for cause shall be made in writing, setting forth reasons, and shall be delivered to the Chair of the Executive Committee. Disposition of all motions to disqualify for cause shall be decided by a majority vote of the Executive Committee. Primary members shall serve on the Hearing Board if not disqualified, and the Executive Committee shall complete the five-person Hearing Board from alternate members, if necessary, if enough are qualified. In extraordinary cases, the Executive Committee can select members for the Hearing Board who are not on the Tenure Removal Committee, but in all cases the members of the Hearing Board shall be tenured Professors chosen on the basis of their objectivity and competence and of the regard in which they are held in the academic community. The parties involved are entitled to move for disqualification for cause of any outside nominees within three calendar days after they have been notified in writing of the outside appointment. The Hearing Board shall call for a hearing no more than thirty nor less than fifteen calendar days after it has been created. The schedule date, place, and time of the hearing shall be communicated in writing to all parties concerned, including the WSU-AAUP, accompanied by an explanation of the rules under which the hearing shall be conducted.

15.10 Both the accused Bargaining Unit Faculty Member and those bringing charges may be represented by counsel, confront and cross-examine witnesses, present and summon witnesses, and be present to hear all evidence and arguments given at all meetings of the Hearing Board. Both the WSU-AAUP and the University are entitled to have representatives present at any hearing. The accused Bargaining Unit Faculty Member may choose not to testify or answer questions at this hearing. However, such failure may be taken into consideration by the Hearing Board. Members of the Hearing Board may question all witnesses appearing before the Board. The charging party has the burden of proving to the Hearing Board that, on the basis of clear and convincing evidence, the charges are true. The hearing shall be conducted in private with only the WSU-AAUP and the University representatives and those summoned as witnesses or directly involved in the dispute present. Subject to the approval of the accused, the charging party, and the Hearing Board, observers can be present at the hearing.

15.11 When all witnesses summoned and able to appear have presented testimony and when cross-examination has been conducted, the Board shall retire to make its recommendation. If it finds against the accused, the Hearing Board may recommend such penalty as it deems fair and appropriate, including removal or suspension or lesser penalties. All decisions of the Hearing Board shall be made by a majority vote of all its members, and its recommendation immediately shall be communicated in writing to the University President, the accused Bargaining Unit Faculty Member, the WSU-AAUP, and the charging party. A verbatim, written record of the hearing, including all findings and recommendations, shall be sent to the University President, the accused, the WSU-AAUP and the charging party as soon as possible following the conclusion of the hearing. (This verbatim record may be taken by a stenographer or transcribed from electronic recording equipment.)

15.12 If the Hearing Board and the President of the University find for the accused, the University President shall report this to the Board of Trustees. If the Hearing Board or University President or both recommend that action be taken against the accused Bargaining Unit Faculty Member, their recommendations and the verbatim record shall be brought before the Board of Trustees. The Board of Trustees may discuss the case and consult with the University President, the Hearing Board and/or the WSU-AAUP before coming to a decision. In all cases where the Board of Trustees is inclined to take action against the accused Bargaining Unit Faculty Member, the accused shall have the right to appear before the Board of Trustees with counsel and a representative of the WSU-AAUP before a final decision is rendered by the Board of Trustees.

15.13 Should the final decision be for removal, termination shall not become effective until the end of the academic or fiscal year, except where otherwise ordered by the University Board of Trustees, which can require severance of the Bargaining Unit Faculty Member's relationship with students and the University prior to the end of the academic or fiscal appointment when it finds the conduct or situation to be of extreme gravity. A penalty of suspension without pay shall not exceed one year, and during this year a suspended Bargaining Unit Faculty Member may purchase benefits from the University at his or her own expense.

15.14 At the sole discretion of the WSU-AAUP, the final decision of the Board of Trustees may be taken directly to binding arbitration.

Article 16
Grievance and Arbitration

16.1 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 resolution of complaints before they become formal grievances. Prior to initiating a formal grievance, the Grieving Party and the Department Chair shall make a reasonable effort to meet and adjust the complaint in an informal manner. Any formal or informal resolution achieved must be consistent with the terms of this Agreement. The procedures set forth in this Article shall be the sole and exclusive method of disposing of grievances.

16.2 Definitions.

16.2.1 Grievance: A grievance is an alleged violation of a specific provision(s) of this Agreement.

16.2.2 If the WSU-AAUP files a grievance on behalf of a group, the outcome will apply equally to all applicable Members of the Bargaining Unit.

16.2.3 Grievant: A Grievant is a Member(s) of the Bargaining Unit who has a grievance or the WSU-AAUP acting on behalf of Members of the Bargaining Unit.

16.2.4 In this article, references to "the Provost" refer to the Chief Academic Officer of the University or the individual authorized to act on behalf of the Provost to resolve grievances . References to "a provost" refer generally to the Provost or any Assistant or Associate Provost.

16.2.5 Respond and File: The terms "respond" and "file," as used in this Article, refer to personal delivery or deposit in the U.S. mail. The post mark date in the case of U.S. mail or calendar date of written receipt in the case of personal delivery shall begin the time period for filing or response. Notifications will be sent to the Grievant at the address that appears on the grievance form. Copies of all notifications will be sent to the WSU-AAUP and to the Provost.

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

16.2.7 Basic Provisions: Except as specified in Sections 13.8 and 15.14, 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 WSU-AAUP and the University enter into a written agreement to proceed directly to arbitration.

16.2.8 Unless extended by mutual consent, in writing, the time limits specified herein will be the maximum time allowed. If the University fails to comply with the time limits to respond, the Grievant may advance the grievance to the next step by sending a letter of notification to the administrator at the next step. Failure to advance the grievance shall render the grievance moot.

16.3 Informal Complaint Procedure: The parties intend and agree that all disputes should be resolved informally, whenever possible, before the filing of a formal grievance, and the parties encourage open communications so that resorting to the formal grievance procedure will not be necessary. To this end, Bargaining Unit Faculty are encouraged to present a complaint to a chair, dean, or provost who the Grievant believes to be most likely able to resolve the complaint as soon as practical for the purposes of resolving the dispute. A discussion of the complaint between the Grievant and the administrator to whom the complaint is presented shall occur at a mutually agreeable time not later than five (5) days after the request for a discussion regarding the complaint. Unless otherwise agreed by both the Grievant and administrator to whom the grievance is presented, only the grievant and this administrator will be present at the meeting to discuss the complaint. However, a grieving party has the right to be advised or assisted by the WSU-AAUP in attempting to secure informal resolution, but such assistance is not required. Any settlement, withdrawal, or other disposition of a complaint at the informal stage shall not constitute a binding precedent in the settlement of complaints or grievances.

16.4 Grievance Step One: A Bargaining Unit Faculty Member(s) or the WSU-AAUP may file a grievance with the Dean (for grievances directed at the Department Chair) or the Provost (for grievances directed at the Dean, a provost, or the University) not later than forty (40) days after the event giving rise to the grievance or no later than forty (40) days after the Grievant knew or reasonably should have known of the event giving rise to the grievance. In the case of a grievance regarding annual evaluation by the Department Chair, the grievance must be filed not later than forty (40) days after a Bargaining Unit Faculty Member receives her or his annual evaluation or by June 1^st, whichever is later.

16.4.1 The Grievant shall state clearly on the grievance form jointly developed by the University and the WSU-AAUP the nature of the grievance, the contractual provision(s) allegedly violated, the dates when the alleged act or omission giving rise to the grievance occurred, the remedy sought, the Grievant's preferred mailing address, and be signed by the Grievant. A copy of the form will be submitted to WSU-AAUP, the appropriate administrator and the Provost at the time of filing. If the Grievant is the WSU-AAUP, the grievance form shall so state and the grievance may be filed with a dean or the Provost, depending on the nature of the allegation. In the case of a grievance filed by the WSU-AAUP, the President or Designee of WSU-AAUP shall sign the grievance form and shall be the WSU-AAUP's representative.

16.4.2 The WSU-AAUP shall be notified of any grievance meeting and has the right to be present at any grievance meeting. The Dean or Provost may also have a second person attend any grievance meeting. No attorney representing either party will attend any grievance meeting.

16.4.3 The Dean or the Provost shall hold a meeting with the Grievant and the WSU-AAUP's representative (if the AAUP elects to be present) at a mutually agreeable time and location within ten (10) days after the grievance was filed and shall then respond in writing to the Grievant and the WSU-AAUP no later than fifteen (15) days after the completion of the grievance meeting(s). If the Grievant or the WSU-AAUP does not accept the Step One answer , either may, within fifteen (15) days, file a Step Two grievance with the Provost. However, if the Step One grievance was filed with the Provost pursuant to 16.4 and the WSU-AAUP is not satisfied with the Step One answer, it shall have the sole right to submit the grievance to arbitration by an external arbitrator, within thirty (30) days after filing of the Step One answer, in which case the Step Two procedure detailed in the following paragraph shall not apply.

16.5 Grievance Step Two: Upon receiving a Step Two grievance, the Provost/ shall hold a meeting with the Grievant and the WSU-AAUP's representative (if the AAUP elects to be present) at a mutually agreeable time and location within ten (10) days after the Provost has received the grievance. The purpose of the aforementioned meeting is to discuss and attempt to resolve the grievance. The Provost/ shall respond in writing to the Grievant and the WSU-AAUP no later than fifteen (15) days after the completion of the grievance meeting(s).

16.6 Arbitration: If the WSU-AAUP is not satisfied with the Step Two answer, it shall have the sole right to submit the grievance to arbitration by an external arbitrator, within thirty (30) days after filing of the Step Two answer.

16.6.1 If the WSU-AAUP appeals to external arbitration, representatives of the WSU-AAUP and of the Provost shall meet within ten (10) days to select an arbitrator. In the event the parties are unable to agree upon the selection of an arbitrator, the selection shall be made by asking either the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) to provide a panel of fifteen names. If the parties are unable to agree on which of the 15 nominees shall serve as an arbitrator, then the arbitrator will be chosen by each party alternately striking names.

16.6.2 The arbitrator's decision shall be final and binding upon the Grievant(s), the WSU-AAUP, and the University and shall be rendered within thirty (30) days after the arbitration hearing record is closed.

16.6.3 The cost of the arbitration shall be borne equally by the University and the WSU-AAUP except that costs related to the appearance of any witness shall be paid by the party which calls that witness. If a court reporter is requested and a transcript ordered by only one party, the court reporter's attendance fee, and the cost of transcripts for that party and the arbitrator shall be borne by the requesting party. If both sides request a transcript, the court reporter's fee and the cost of the transcripts shall be split equally between the parties.

16.6.4 Remedies. An external arbitrator hearing a grievance shall be bound by the following restrictions:

16.6.4.1 The arbitrator's decision shall be limited to only the question or questions submitted for decision;

16.6.4.2 The arbitrator shall not substitute a judgment for that of the University where the University's judgment and actions do not violate the written provisions of this Agreement;

16.6.4.3 The arbitrator shall have no authority to add to, subtract from, alter, change or modify any of the provisions of this Agreement;

16.6.4.4 The arbitrator shall not render any decision which would result in the violation of state or federal law; and

16.6.4.5 The arbitrator shall make no award that provides a Bargaining Unit Faculty Member compensation greater than would have resulted had there been no violation.

16.6.4.6 Grievances concerning promotion and tenure are discussed in Section 13.8.

16.7 A Member of the Bargaining Unit who participates in a grievance procedure will not be subject to disciplinary reprisal because of such participation.

16.8 To investigate and process a grievance, either party shall be provided access and the opportunity to inspect and/or copy any information relevant to such grievance in possession of the other party within five (5) days after the delivery of a written request to the Provost or the WSU-AAUP President. However, the requesting party is not entitled to any information that is confidential under any applicable law. In addition, the requesting party is entitled to view information in its existing form only.

16.9 No changes can be made to a grievance form once it is filed under Section 16.4 except for the following: After Step Two and prior to submitting a grievance to arbitration, the Grievant may change or add to the specific provision(s) of the Agreement allegedly violated. In such cases, the amended grievance will be resubmitted to the Provost, who no later than ten (10) days after receiving the amended grievance form shall reconfirm his or her original Step Two written response, offer an amended written response, or call another Step Two meeting in accordance with Section 16.5.

Article 17
Retrenchment

17.1 Retrenchment is defined as the termination of a Bargaining Unit Faculty Member(s) during any appointment as a result of any of the following three circumstances: (1) financial exigency; (2) significant reduction in enrollment of a college, department, or program continuing over five or more academic quarters (not counting summer) and which is expected to persist; or (3) discontinuation of a college, department or program.

Financial exigency means that severe financial problems exist which threaten the University's ability to maintain its operations at an acceptable level of quality.

17.2 Should the University President anticipate the need for retrenchment of Bargaining Unit Faculty Members, the data and information upon which this decision is based shall be provided to the WSU-AAUP.

17.3 The WSU-AAUP shall be provided access and the opportunity to inspect and/or copy any information relevant to the anticipated retrenchment within ten (10) calendar days after the delivery of a written request to the Provost. However, the WSU-AAUP is not entitled to any information that is confidential under any applicable law. In addition, the WSU-AAUP is entitled to view information in its existing form only.

17.4 Within sixty (60) calendar days after receipt of the data and information in Section 17.3 a joint Committee on Retrenchment, with three members appointed by the University and three members appointed by the WSU-AAUP, shall submit its advisory recommendations to the University