Both AAUP-WSU and the administration wish to change Article 14, Discipline. The parties exchanged their proposals on February 1; see the table immediately below. Current language proposed for deletion is shown in the strikethrough format, and proposed new language is shown in the red underlined format. For comparison, you may wish to view the entire current CBA and this article in particular.
For more about bargaining now under way toward a successor of our current Collective Bargaining Agreement (CBA), please see our Negotiations page. There, you will find rosters of our Bargaining Council and Negotiating Team, a table showing the status of each article (those in the current CBA and new ones, too), and also reports about each negotiating session.
For reports on negotiations regarding this article, click here (or scroll to the bottom of the table immediately below).
| AAUP-WSU Proposal for Article 14, Discipline |
Administration Proposal for 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. The University subscribes to the principles of progressive discipline except when summary action is necessary and appropriate. 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 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. The University subscribes to the principles of progressive discipline except when summary action is necessary and appropriate. 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. |
14.1.1 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. |
14.1.2 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 premises 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 premises. |
14.3 When in the judgment of the President or a provost the presence of a Bargaining Unit Faculty Member on University premises 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, although the University may withhold pay from a Member who is incarcerated. The President or a provost may also direct that the Member be removed and barred from University premises. |
| 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. |
14.4 When the University has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall conduct an investigation. |
| 14.4.1 As part of this investigation a chair or dean may ask to speak
informally with a Bargaining Unit Faculty Member about the incident. If the chair or dean requests such a meeting regarding an incident that the chair or dean asserts may be grounds for discipline, the chair or dean will inform the faculty member accordingly in writing before the meeting takes place. S
, and statements made during such discussions may be used subsequently in the discipline process. Members may refuse to discuss an incident or may have an AAUP-WSU representative present at such discussions. |
14.4.1 As part of this investigation a chair or dean may ask to speak informally with a Bargaining Unit Faculty Member about the incident, and statements made during such discussions may be used subsequently in the discipline process. Members may refuse to discuss an incident or may have an AAUP-WSU representative present at such discussions. |
| 14.4.2
Unless there is reasonable suspicion of unlawful or criminal activity, t
The University shall inform the Bargaining Unit Faculty Member and AAUP-WSU in writing of the allegation(s) if the University undertakes a formal investigation involving third parties, the keeping of formal records, or multiple interviews with the Member toward whom the allegations are directed. |
14.4.2 Unless there is reasonable suspicion of unlawful or criminal activity, the University shall inform the Bargaining Unit Faculty Member and AAUP-WSU in writing of the allegation(s) if the University undertakes a formal investigation involving third parties, the keeping of formal records, or multiple interviews with the Member toward whom the allegations are directed. |
| 14.4.3 The University will notify the AAUP-WSU in advance of any meeting to be held with a Bargaining Unit Member as part of a formal investigation that could lead to disciplining that Member. The Member has the right to be accompanied by an AAUP-WSU representative at any such meeting. |
14.4.3 The University will notify the AAUP-WSU in advance of any meeting to be held with a Bargaining Unit Member as part of a formal investigation that could lead to disciplining that Member. The Member has the right to be accompanied by an AAUP-WSU representative at any such meeting. |
| 14.5
Prior toBefore imposing disciplinary action, a department chair, dean, or provost will hold a disciplinary meeting 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 Prior to imposing disciplinary action, a department chair, dean, or provost will hold a disciplinary meeting 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 an AAUP-WSU representative at the disciplinary meeting. |
14.5.1 The Bargaining Unit Faculty Member shall be given the opportunity to be accompanied by an AAUP-WSU representative at the disciplinary meeting. |
| 14.5.2 Unless the Member and representatives from both the AAUP-WSU and the University agree to a shorter time, at least five (5) working days prior tobefore the disciplinary meeting, the University shall notify both the Bargaining Unit Faculty Member and the AAUP-WSU of the specific charge(s) to be discussed at the meeting. |
14.5.2 Unless the Member and representatives from both the AAUP-WSU and the University agree to a shorter time, at least five (5) working days prior to the disciplinary meeting, the University shall notify both the Bargaining Unit Faculty Member and the AAUP-WSU 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 disciplinary meeting and the University decides to impose discipline more severe than a letter of reprimand, the University shall send the Bargaining Unit Faculty Member and the AAUP-WSU
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. |
14.5.3 If the matter is not disposed of by mutual agreement at the disciplinary meeting and the University decides to impose discipline more severe than a letter of reprimand, the Bargaining Unit Faculty Member and the AAUP-WSU 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. |
| 14.5.4 For serious or repeat offenses, discipline the University might impose includes but is not restricted to the following measures: required training (such as diversity or anger management); denial of summer teaching opportunities pursuant to Section 7.7.1; paid suspension; unpaid suspension pursuant to Article 15; and termination pursuant to Article 15. The University will pay for the costs incurred the first time a Member is required to undergo training as a disciplinary measure. |
14.5.4 For serious or repeat offenses, discipline the University might impose includes but is not restricted to the following measures: required training (such as diversity or anger management); denial of summer teaching opportunities pursuant to Section 7.7.1; paid suspension; unpaid suspension pursuant to Article 15; and termination pursuant to Article 15. The University will pay for the costs incurred the first time a Member is required to undergo training as a disciplinary measure. |
Reports on Negotiations about Article 14, Discipline
Friday, April 25
The administration offered and our team accepted the following clarification of the next-to-last sentence in Section 14.3: “Such suspension shall be with pay, although the University may withhold is not obligated to pay from a Member who has been convicted of a crime and is incarcerated for that crime.” We withdrew our proposal for Section 14.4.2. The parties believe that bargaining over this article is complete.
Friday, March 7
Discussions of this article resumed with our proposed change in Section 14.4.2. Though no final language has been adopted, the parties agreed to regard the following as a working draft: “Except for criminal investigations conducted in cooperation with the Wright State Police or an external law enforcement agency, the University shall inform...” with the remainder of the existing language as is. In response to an inquiry about audits, our Negotiating Team took the position that an audit is not an investigation, so that this section would not apply in the event of an audit.
Returning to Section 14.3, the parties expect to adopt language like the following for the next-to-last sentence: “Such suspension shall be with pay, although the University may withhold pay from a Member who has been convicted of a crime and is incarcerated for that crime.”
In sections 14.5, 14.5.1, 14.5.2, and 14.5.2, the term “disciplinary meeting” will be replaced by “pre-disciplinary meeting”. The small changes in 14.5 and 14.5.3 proposed by AAUP-WSU will be adopted. Also in 14.5.3, the phrase “by the administrator imposing discipline and initialed” will be deleted from the last sentence; therefore, the official notification of discipline imposed will come from a provost.
Friday, February 29
The two negotiating teams agreed that Section 14.1.2 will read, “Disciplinary measures of suspension without pay or termination of employment can be imposed only in accordance with procedures outlined in Article 15.” Our Negotiating Team accepted the administration’s proposal for section 14.1.1.
Extensive discussion ensued about the administration’s proposal to amend Section 14.3. Our Negotiating Team stated that AAUP-WSU has no objection to withholding pay when one is convicted of a crime and consequently incarcerated; but we raised a number of what-if scenarios (e.g., what if one were in jail over a weekend) that cast some doubt on the suitability of the proposed change. The parties expect to revisit this issue in a later session.
Likewise the parties discussed our proposal for Section 14.4.1. The administration stated that it is puzzled about AAUP-WSU’s position on the matter of notification. Our Negotiating Team held a caucus (i.e., a meeting without the other side present), decided that our proposal would not accomplish what we wanted, and therefore withdrew it.
Friday, February 15
First discussions about this Article 14 occurred in the context of Article 15, Suspension and Removal of Tenure. The parties agreed that paid suspension can be applied as a disciplinary measure without having to go through the full process of Article 15. Thus the phrase “either with or” now in Section 14.1.2 will be removed.
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