Negotiations: Article 3, Non-Discrimination

Initially, neither AAUP-WSU nor the administration announced an intent to propose changes in this Article 3, Non-Discrimination. However, on March 7, our Negotiating Team agreed to accept a late proposal from the administration on this article. The parties consider the administration proposal on March 21 and modified it slightly. On April 4, the administration suggested the addition of a new section 3.8 (see below), which our team accepted. The parties are likely to agree on the language shown 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.

Expected Final Form for 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 AAUP-WSU. 3.2 Neither the University nor the AAUP-WSU in carrying out its obligations under the Agreement shall discriminate on the basis of race, color, religion, disability, veterans status, military status, national origin, ancestry, sex, gender identity/expression, ~~age, or~~ sexual orientation, or age. 3.3 The University and AAUP-WSU 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 AAUP-WSU regarding the Member's rights. If the complaint is not resolved through mediation, the Office of Affirmative Action Programs will notify the AAUP-WSU 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 AAUP-WSU 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. 3.8 Bargaining Unit Faculty shall not grade or otherwise evaluate students with whom they have a familial relationship. If a family member’s application or enrollment calls for any evaluation on the part of a Member, that Member shall make arrangements through his or her Department Chair to eliminate any conflict of interest or appearance of such conflict, to the extent possible.

Expected Final Form for 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 AAUP-WSU.

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

3.3 The University and AAUP-WSU 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 AAUP-WSU regarding the Member's rights. If the complaint is not resolved through mediation, the Office of Affirmative Action Programs will notify the AAUP-WSU 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 AAUP-WSU 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.

3.8 Bargaining Unit Faculty shall not grade or otherwise evaluate students with whom they have a familial relationship. If a family member’s application or enrollment calls for any evaluation on the part of a Member, that Member shall make arrangements through his or her Department Chair to eliminate any conflict of interest or appearance of such conflict, to the extent possible.

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This page was last modified on April 15, 2008. Corrections, comments, and suggestions are most welcome. Contact the webmaster for this page (Jim Vance) at jvance@math.wright.edu, telephone 937-775-2206.