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Negotiations: Article 7, Faculty Rights and Responsibilities

Wright State University Chapter

American Association of University Professors

MOU? CBA? RCM? NTE? TET?

What are all these acronyms? See this guide.

AAUP-WSU submitted the proposal shown in the left column of the table below at the February 12 negotiating session, and the administration put forth the proposal in the right column on March 10. Reports about the status of this article will be found below the article itself.

See our CBA Negotiations page for a roster of the AAUP-WSU negotiating team, brief reports about each Monday's negotiation session, and an article-by-article summary table with links to detailed information about each individual article that either the administration or AAUP-WSU proposes to include in the CBA.

Article 7

Faculty Rights and Responsibilities

AAUP-WSU Proposal of February 12

Administration Proposal of March 10

7.1 Textbooks. The University and the AAUP-WSU agree that each Bargaining Unit Faculty Members shall select textbooks and other teaching material (e.g. software, course notes, etc.) for the courses they taught by the Membereach 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. (However, a collective choice of textbooks and other teaching materials may be made for a course sequence extending over at least two semesters; in this case the choice shall be made by those Members who customarily teach one or more of the courses in the sequence. Individual Members teaching in such a course sequence retain the right to adopt supplementary materials.) 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 and to select teaching materials that are consistent with the curriculum.

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.

[The proposal below is intended for the NTE CBA.]

7.1 Textbooks. Unless the hiring of a Bargaining Unit Faculty Member occurs after a textbook has already been selected for a course during the Member’s first semester as a Bargaining Unit Member and except as modified in Sections 7.1.1 and 7.1.2, Bargaining Unit Faculty Members shall select textbooks and other teaching material (e.g. software, course notes, etc.) for the courses they teach and will participate in decisions whether to do so individually or collectively. 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 and to select teaching materials that are consistent with the curriculum.

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. 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.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.

7.1.2 Textbooks and other teaching materials for the College of Nursing and Health shall be selected by an all-faculty committee within the College.

7.1.3 When selecting textbooks and other teaching materials, Bargaining Unit Faculty Members shall make good faith efforts to keep costs to students as low as possible without sacrificing academic needs and to select teaching materials that are consistent with the curriculum.

7.2 Grades. The University and the AAUP-WSU 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. .

7.2.1.1 Changing a grade to A, B, C, D, F, P or U, or X, 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. The Bargaining Unit Faculty Member whose grade was changed under such extraordinary circumstances and the AAUP-WSU will receive written notification of the change within two weeks after the decision to change the grade.

7.2.1.2 Changing a grade in any other way shall not be done until the Member who awarded the grade has been given an opportunity to make a recommendation regarding the anticipated or requested change.

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 seventh week of each semester. 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 12:00 noon 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.

7.2.5 For at least one year after they have issued grades for a course, Bargaining Unit Faculty Members shall retain any of the following items that were used in determining those grades: grade records, progress reports, and attendance records.

7.2 Grades. The University and the AAUP-WSU 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.

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 NTE or TET Bargaining Unit Faculty in the Department. The Bargaining Unit Faculty Member whose grade was changed under such extraordinary circumstances and the AAUP-WSU will receive written notification of the change within two weeks after the decision to change the grade.

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 during the first half of the course (no later than prior to the end of the seventh week of each Fall or Spring semester, the third week of each six-week summer term, and the mid-point of differently scheduled classes). 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 12:00 noon 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.

7.2.5 For at least one year after they have issued grades for a course, Bargaining Unit Faculty Members shall retain (in electronic or written form) any of the following items that were used in determining those grades: grade records, progress reports, and attendance records.

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. It is only necessary to state an attendance policy in a syllabus if attendance is factored into the calculation of the student's grade.

7.3.1. Members will make a good faith effort to make their outlines available to students and to the Department Chair at the beginning of the course, unless there is a clear pedagogical reason to delay, and no later than the end of the first week of class.

7.3.2. Members shall make good faith efforts to make the content of the course, as reflected in the syllabus and as actually taught, consistent with the curriculum.

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 all of their scheduled classes throughout the scheduled time, unless an alternative learning experience has been assigned. if an alternative learning experience involves a substantial portion of a course (a full week of class, for example, or an equivalent amount of time for late starts or early dismissals), it must be listed in the syllabus as part of the course requirement, in which case the alternative learning experience must be approved for the course by the relevant department curriculum committee or approved for the specific section of the course by the department chair.

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 Bargaining Unit Faculty Members will not give comprehensive final exams during the last week of classes. If a Member schedules a comprehensive final exam, it shall be during the time period designated by the Registrar unless the appropriate department chair or dean has provided written approval for a deviation from this requirement.

7.4.8 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, online chat rooms, voice mailvideo chatting, audio chatting, and other types of electronic communication may supplement regular office hours but may not be used to replace opportunities for face-to-face meetings. However, a Member with all distance-learning teaching in a given term may schedule virtual office hours only, provided the Member is reasonably available in person, upon request, to students and advisees.

7.6 Learning Environment. In order to maintain a safe and otherwise appropriate learning environment, AAUP-WSU and the University agree to the following measures.

7.6.1 When, in the judgment of a Bargaining Unit Faculty Member, a student in that Member's class is disruptive, the Member may remove the student from each class meeting in which the disruptive behavior occurs. The Member is also entitled to the assistance of the University Police Department in removing the student. If the Member believes the student's continued presence in the course would be disruptive and wishes to have the student permanently removed from class, the Member must contact either the AAUP-WSU or the Office of the Provost to initiate the procedure described in Section 7.6.2.

7.6.2 The Member who teaches the class, a representative of the AAUP-WSU and a provost will confer as soon as possible (normally within twenty-four hours) regarding whether the student should be allowed to attend the Member's class pending the completion of the student disciplinary process. Unless both the provost and the AAUP-WSU representative conclude that the student should be permitted to attend class, the student shall not be permitted to return until the disciplinary process is completed.

7.6.3 The provost will be responsible for informing the student as to whether or not he or she may return to class and that a hearing on the matter will be held by the Office of Student Judicial Services as soon as possible.

7.7 Meetings.

7.7.1 Chairs and Deans can call meetings that include Bargaining Unit Faculty Members at any reasonable times during the fifteen weeks of Fall and Spring Semesters.

7.7.2 Chairs and Deans can call meetings that include Bargaining Unit Faculty Members at any other times during the calendar year--

  1. if the need for committee meetings to be held outside academic semesters was communicated in writing to Members before they agreed to serve on said committee;
  2. if 100% of the Members on a committee or in a department or college agree in writing to hold a meeting;
  3. if 75% of the members of a Promotion and Tenure Committee agree to hold a meeting; or
  4. if there is an emergency.

7.7.3 Chairs and Deans can call meetings that include Bargaining Unit Faculty Members under circumstances other than those specified in Sections 7.7.1 and 7.7.2, but attendance at such meetings is voluntary and no evaluative or disciplinary consequences can occur because of a Member's presence or absence.

7.8 Summer Teaching Assignments. (See Section 23.6 regarding compensation for summer teaching.)

7.8.1 Bargaining Unit Faculty Members on academic year appointments shall be given an opportunity to teach up to six (6) semester hours every 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 summer grant support pursuant to Section 7.8.4 or an administrative assignment pursuant to Section 7.8.5, or

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

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

they have received an "unsatisfactory" in scholarship and the sum of their ratings in teaching and service in the most recent annual evaluation pursuant to Section 11.2.1 is less than four (4), or

they have been given notice of termination or denied tenure in their final probationary year due, at least in part, to ineffective teaching, or

they have completed a "terminal year" pursuant to Section 13.6.1, or

they have resigned or retired with an effective date prior to or during the Summer Semester.

7.8.1.1 Effective with summer teaching in 2016, the provisions of 7.8.1 shall be modified as follows.

Faculty on academic year appointments in the Tenure-Eligible and Tenured Bargaining Unit and those in the Non-Tenure-Eligible Bargaining Unit shall be given an opportunity to teach up to six (6) semester hours every 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 one of the exceptions listed in 7.8.1 applies.

7.8.2 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.

7.8.2.1 Effective with summer teaching in 2016, 7.8.2 is replaced by the following.

7.8.2.1.1 When the requests for summer teaching (by faculty on academic year appointments in the Tenure-Eligible and Tenured Bargaining Unit and those in the Non-Tenure-Eligible Bargaining Unit) exceed the opportunities available,

  1. Teaching will be assigned first to Members with most seniority (time employed as a Member in either Bargaining Unit at any rank).
  2. A second course will be assigned to no Member until every Member requesting teaching has been assigned one course. (Here and below, "a course" normally means one carrying at least three semester hours of credit.)
  3. Second courses will be assigned first to Members with most seniority.
  4. Members requesting teaching in a given summer who were assigned no courses will receive top priority for a first course in the subsequent summer (and among them, priority will be by seniority).
  5. Members requesting two courses in a given summer who were assigned no courses will receive top priority for a first course and for a second course, too, in the subsequent summer (and among them, priority will be by seniority).
  6. Members requesting two courses in a given summer who were assigned only one course will receive top priority for a second course in the subsequent summer (and among them, priority will be by seniority).

7.8.2.1.2 Any provisions in bylaws to determine which Bargaining Unit Faculty Members will receive summer teaching assignments when the requests for such assignments exceed the opportunities available are void.

7.8.3 The University may, at its discretion, award a Bargaining Unit Faculty Member more than six semester hours in a Summer Semester.

7.8.4 Except as in 7.8.6, when a Member with an academic year appointment has summer grant support, the provisions of 7.8.1 and 23.6 shall apply with the following restrictions: 

Summer grant support plus summer teaching cannot exceed full time (the equivalent of 12 credit hours in a single summer), and

 combined pay for the grant support and teaching in a single summer cannot exceed 1/3rd of the Member's base salary.

7.8.5 When a Member with an academic year appointment is offered and accepts an administrative or service assignment from the University in the summer, and the compensation is the same as pay for teaching a course pursuant to Section 23.6, the university's obligation to provide teaching opportunities pursuant to Section 7.8 is correspondingly reduced. If the pay for an administrative assignment is 1/9th of a Member's base pay, for example, an administrative assignment will be treated as though it were a four-hour course.

7.8.6 When a Member is offered and accepts a summer teaching assignment that in combination with grant support and administrative assignments exceeds full time, the excess shall be considered an overload and will be paid pursuant to Section 23.5.

7.8.7 When the University and the AAUP-WSU agree in writing that valid pedagogical concerns require that a course be taught outside the academic year, and the Member teaching the course agrees to the arrangement in writing, the University may schedule the class in the summer or during the break between terms as an on-load assignment without additional compensation. Such courses might include extensive field trips, international travel, seasonal requirements (e.g. wetlands biology), or other components that make the alternative scheduling necessary. Either the University or the AAUP-WSU may revoke this agreement by notifying the other party in writing.

7.9 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.

7.10 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.

7.11 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.

7.12 Internet Security and Privacy.

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

7.12.2 Except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows:

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

7.12.3 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.

7.12.4 Whenever the University reads or otherwise accesses the e-mail or computer files of a Bargaining Unit Faculty Member without the Member's permission, the University will promptly notify AAUP-WSU unless the University has a reasonable belief that such notification might jeopardize the preservation of records that are needed to conduct an investigation pursuant to Section 7.12.2 or otherwise inhibit an investigation conducted pursuant to Section 7.12.2.

7.13 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.

7.14 Legal Protection.

7.14.1 The University shall provide legal representation to any Member of the Bargaining Unit who is named a defendant in a civil action based on performance of the Member's duties within the scope of employment. Legal representation will be at the Member's request, subject to the approval of the Ohio Attorney General and in accordance with Ohio law. Pursuant to Ohio Revised Code Section 9.87 the University shall seek indemnification from the state for liability or judgment of any Member of the Bargaining Unit resulting from the performance of his or her duties for the University. Nothing in this Section is intended to expand or conflict with current Ohio law.

7.14.2 As long as the University continues to provide liability insurance coverage pursuant to ORC 3345.202 for any member of the University Board of Trustees or any University officer, the University shall continue to provide that level of liability insurance coverage for each Bargaining Unit Faculty Member.

7.15 Notice of Teaching Assignments. The parties agree that adequate notice of teaching assignments (here and below, meaning which courses they will teach, but not necessarily the scheduling of those courses) is required in order that faculty may provide high quality instruction. Therefore, the University will make a good faith effort to inform Bargaining Unit Faculty Members of their teaching assignments at least two months before the beginning of any semester. Except under extraordinary circumstances, Tthe University will make a good faith effort to inform Bargaining Unit Faculty Members of their teaching assignments at least four weeks before the beginning of any fall or spring semester (two weeks before the beginning of a summer term). Extraordinary circumstances include, but are not limited to, the death or illness or resignation of a faculty member which necessitates changes to teaching assignments in a department. When changes to teaching assignments are made in response to extraordinary circumstances after the aforementioned deadlines, become necessary less than four weeks before the beginning of a semester, the University will, in writing, promptly inform Members of any change(s) to their teaching assignments and the reason for the change(s). The University can request that a Member accept a changed teaching assignment after the aforementioned deadlines, but the Member is not obligated to accept the change and will suffer no negative consequences for declining.

7.15.1 The University will make a good faith effort to inform Bargaining Unit Faculty Members of the scheduling of the classes they will teach at least four weeks before the beginning of any fall or spring semester (two weeks before the beginning of a summer term).

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. It is only necessary to state an attendance policy in a syllabus if attendance is factored into the calculation of the student’s grade.

7.3.1 Members will make a good faith effort to make their outlines syllabi available to students and to the Department Chair at one week prior to the beginning of the course, unless there is a clear pedagogical reason to delay or the Member was assigned to teach the course less than four weeks before the first class meeting. In any event, the Member will make syllabi available as soon as possible, and no later than the end of the first week of class.

7.3.2 Members shall make good faith efforts to make the content of the course, as reflected in the syllabus and as actually taught, consistent with the curriculum.

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 and also during the five business days prior to the start of Fall Semester classes.

7.4.2 Bargaining Unit Faculty Members have an obligation to meet all of their scheduled classes throughout the scheduled time, unless an alternative learning experience has been assigned. if If an alternative learning experience involves a substantial portion of a course (a full week of class, for example, or an equivalent amount of time for late starts or early dismissals), it must be listed in the syllabus as part of the course requirement, in which case the alternative learning experience must be approved for the course by the relevant department curriculum committee or approved for the specific section of the course by the department chair.

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 their students and the Department Chair in advance.at the beginning of the semester and shall include in the syllabus an alternative learning experience for that class period.

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 Bargaining Unit Faculty Members will not give comprehensive final exams that count for more than 15% of a course grade during the last week of classes. Exams that count for more than 15% of the course grade shall be administered If a Member schedules a comprehensive final exam, it shall be during the time period designated by the Registrar unless the appropriate department chair or dean has provided written approval for a deviation from this requirement.

7.4.8 Members will be available on campus or via phone or e-mail for two full weeks following the conclusion of semesters in which they teach in order to respond to grade appeals. If a Member cannot be reached during this time and the grade appeal will likely affect the student’s possible dismissal, continued eligibility for scholarships, pre-requisites for classes the next term or graduation, then the department chair or dean will respond on the Member’s behalf pursuant to Section 7.2.1.

7.4.8 9 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 Learning Environment. In order to maintain a safe and otherwise appropriate learning environment, AAUP-WSU and the University agree to the following measures.

7.6.1 When, in the judgment of a Bargaining Unit Faculty Member, a student in that Member’s class is disruptive, the Member may remove the student from each class meeting in which the disruptive behavior occurs. The Member is also entitled to the assistance of the University Police Department in removing the student. If the Member believes the student’s continued presence in the course would be disruptive and wishes to have the student permanently removed from class, the Member must contact either the AAUP-WSU or the Office of the Provost to initiate the procedure described in Section 7.6.2.

7.6.2 The Member who teaches the class, a representative of the AAUP-WSU and a provost will confer as soon as possible (normally within twenty-four hours) regarding whether the student should be allowed to attend the Member’s class pending the completion of the student disciplinary process. Unless both the provost and the AAUP-WSU representative conclude that the student should be permitted to attend class, the student shall not be permitted to return until the disciplinary process is completed.

7.6.3 The provost will be responsible for informing the student as to whether or not he or she may return to class and that a hearing on the matter will be held by the Office of Student Judicial ServicesCommunity Standards and Student Conduct as soon as possible.

7.7 Meetings.

7.7.1 Chairs and Deans can call meetings that include Bargaining Unit Faculty Members at any reasonable times during the week before Fall Semester begins and the fifteen weeks of Fall and Spring Semesters.

7.7.2 Chairs and Deans can call meetings that include Bargaining Unit Faculty Members at any other times during the calendar year--

1.   if the need for committee meetings to be held outside academic semesters was communicated in writing to Members before they agreed to serve on said committee; or

2.   if 100% of the TET and Members on a committee or in a department or college agree in writing to hold a meeting; or

3.   if there is an emergency.

7.7.3 Chairs and Deans can call meetings that include Bargaining Unit Faculty Members under circumstances other than those specified in Sections 7.7.1 and 7.7.2, but attendance at such meetings is voluntary and no evaluative or disciplinary consequences can occur because of a Member’s presence or absence.

7.8 When the University and the AAUP-WSU agree in writing that valid pedagogical concerns require that a course be taught outside the academic year, and the Member teaching the course agrees to the arrangement in writing, the University may schedule the class in the summer or during the break between terms as an on-load assignment without additional compensation. Such courses might include extensive field trips, international travel, seasonal requirements (e.g. wetlands biology), or other components that make the alternative scheduling necessary. Either the University or the AAUP-WSU may revoke this agreement by notifying the other party in writing. Once a class is so scheduled, any revocation will be effective when that class has concluded.

7.9 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.

7.10 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.

7.11 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.

7.12 Internet Security and Privacy.

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

7.12.2 Except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows:

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

7.12.3 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.

7.12.4 Whenever the University reads or otherwise accesses the e-mail or computer files of a Bargaining Unit Faculty Member without the Member’s permission, the University will promptly notify AAUP-WSU unless the University has a reasonable belief that such notification might jeopardize the preservation of records that are needed to conduct an investigation pursuant to Section 7.12.2 or otherwise inhibit an investigation conducted pursuant to Section 7.12.2.

7.13 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.

7.14 Legal Protection.

7.14.1 The University shall provide legal representation to any Member of the Bargaining Unit who is named a defendant in a civil action based on performance of the Member’s duties within the scope of employment. Legal representation will be at the Member’s request, subject to the approval of the Ohio Attorney General and in accordance with Ohio law. Pursuant to Ohio Revised Code Section 9.87 the University shall seek indemnification from the state for liability or judgment of any Member of the Bargaining Unit resulting from the performance of his or her duties for the University. Nothing in this section is intended to expand or conflict with current Ohio law.

7.14.2 As long as the University continues to provide liability insurance coverage pursuant to ORC 3345.202 for any member of the University Board of Trustees or any University officer, the University shall continue to provide that level of liability insurance coverage for each Bargaining Unit Faculty Member.

7.15 Notice of Teaching Assignments. The University will make a good faith effort to inform Bargaining Unit Faculty Members of their teaching assignments at least four weeks before the beginning of any semester. When changes to teaching assignments become necessary less than four weeks before the beginning of a semester, the University will promptly inform Members of any change(s) to their teaching assignments and the reason for the change(s).

7.15.1 Bargaining Unit Faculty Members who are unable for medical reasons to accept a teaching assignment will promptly notify the University, with appropriate documentation, as far in advance as possible.

Status of Negotiations about the Above Article

June 24, 2014

The parties TA'd (came to tentative agreement on) both the NTE and TET versions of this article.

June 20, 2014

Our team agreed to an administration recommendation for 7.8.2.1.1 (TET) / 8.8.2 (NTE), changing that section to read,

A second course will be assigned to no Member until every Member requesting teaching has been assigned one course, unless the Department Bylaws specify that two courses will be assigned to Members with the most seniority before the Member with the next highest Seniority is assigned a course.

We likewise agreed to minor clarifications in 7.15 and 7.15.1.

The parties expect to TA (tentatively agree to) the two versions of this article at the planned June 24 negotiating session.

May 30, 2014

Our negotiating team put forward two revised versions of this article, one the the NTE Bargaining Unit and one for the TET. There were a few small changes that we had failed to carry over from previous negotiations. Specifically, 7.15 will begin as follows:

7.15 Notice of Teaching Assignments. The parties agree that adequate notice of teaching assignments (here and below, meaning which courses they will teach, but not necessarily the scheduling of those courses at specific times) supports high quality instruction.

Likewise, 7.15.1 will read

7.15.1 The University will make a good faith effort to inform Bargaining Unit Faculty Members of the specific times when their classes are scheduled at least four weeks before the beginning of any fall or spring semester (two weeks before the beginning of a summer term).

With the above changes plus possible improvements in the clarity of the wording, the parties are very close to agreement on these versions of Article 7.

May 23, 2014

The parties confirmed that they had settled on all language for this article, excepting only section 7.4.1, where the administration proposes to require BUFMs to be available for meetings five work days before the fall semester begins.

April 9, 2014

Our team submitted a counterproposal. During the ensuing discussion, the administration withdrew its proposal for section 7.4.8. The parties decided that the substance of our section 7.2.1.2 would be incorporated into 7.2.1, and that the administration proposals for 7.4.6-7.4.7 (see the March 31 version of this article). Our team agreed to delete the final sentence "The University can request that a Member accept a changed teaching assignment after the aforementioned deadlines, but the Member is not obligated to accept the change and will suffer no negative consequences for declining." from our proposal for 7.15.

March 31, 2014

The administration submitted another version of this article. It featured reworked language regarding final exams (7.4.6), not yet finalized, and regarding online office hours (7.5.3), language to which our negotiating team agreed. The administration also re-wrote our summer school changes (making summer teaching available equally to all BUFMs, TET and NTE, effective summer 2016); see 7.8.1.1 and 7.8.2.1 and subsections. Our team emphasized that seniority, for purposes of determining priority for summer school teaching should include time spent at by Instructors, Lecturers, and others now in the NTE bargaining unit before the NTE Bargaining Unit was officially formed.

In 7.8.2.1.2, the administration proposed that bylaws be allowed to determine summer teaching priority, provided they give neither preference for TET BUFMs over NTE, nor vice-versa.

The parties agreed to withdraw their respective initial proposals for changes in sections 7.1 and 7.1.1. We agreed that 7.1.1 (Medical School texts) now in the TET CBA can be added to the NTE CBA.

Finally, the administration reworded our "Notice of Teaching Assignments" in section 7.15 -- see 7.15 and 7.15.1 in the administration's March 31 proposal -- to which we agreed, along with 7.15.2.

March 12, 2014

Our team stated that the administration's proposed section 7.1.2, providing a text selection process in the College of Nursing and Health unique to that college, was not acceptable. We further stated that we believe that the majority of BUFMs in CoNH oppose this proposal.

However, our team accepted the administration's proposals for sections 7.2.3 and 7.2.5. We stated that our response regarding section 7.3.1 would depend upon the administration's reaction to our proposal for "Notice of Teaching Assignments" in section 7.15.

In section 7.4.1, where the administration proposes to require BUFMs to be available for meetings five work days before the fall semester begins, our team offered an extended reaction:

We accepted the administration's proposal regarding religious observations for section 7.4.4.

Regarding section 7.4.7, whose core motivation is (presumably) to encourage the proper use of final exam week, we stated that we would not accept a limitation on the role in grading played by exams given in the last week of classes. However we also stated that faculty should (in most cases) actually use the two-hour period scheduled for final exams and that we do not regard final exam week as the first week of break. Further discussion between the parties about final exams indicated that an agreement on this matter would almost surely be reached.

Regarding section 7.4.8, we stated that we would agree for faculty to be "contactable" for one week following the spring semester, but not for two following both semesters.

Finally, our team accepted the administration's proposals for sections 7.6.3 (a nomenclature correction), 7.7.2 (a clarification), 7.8 (regarding the revocation of an agreement for certain summer classes to be taught as part of one's regular academic year load), 7.10 (on Internet access), the final "bullet" in 7.12.2 (an additional "extraordinary circumstance" in which the usual computer privacy protections do not apply), and 7.15.1 (faculty provided notice of medical issues impairing their ability to teach).

March 10, 2014

The administration submitted the proposal shown in the right column of the table above, intended for the NTE CBA, but the parties did not have time to discuss it at this negotiating session.

February 17, 2014

Regarding our proposal for section 7.1, the administration asked if the problems we were trying to address had occurred outside the College of Nursing and Health; we said that we were not aware of such. Regarding section 7.2.1.1, we explained that we had added "X" to the list simply because the X is largely equivalent to an F, which is already on the list. In section 7.2.1.2, we explained that this language would apply when, for example, a student is allowed to take a late "W". The administration observed that the parties are not really in disagreement about these matters.

Going on the section 7.5.3, in which we propose that virtual office hours only be permissible for those having only distance learning classes, the administration asked about the availability of such a BUFM to her or his colleagues.

The parties then turned to our proposals regarding summer teaching rights, which begin with section 7.8.1.1. This proposal calls for all BUFMs (TET and NTE alike) to have the same summer teaching rights beginning in summer 2016; importantly, the workload MOU for TET faculty guarantees the availability of summer teaching for TET faculty through summer 2015 (see section 2 I "Summer" beginning on the bottom of page 7), so our CBA proposal would not diminish that guarantee. We explained that we would be willing to work through any issues that arise with our proposal.

Finally, under "Notice of Teaching Assignments" in section 7.15, we stated that our language was intended to address actual problems that have occurred, not theoretical ones. We also explained that our intent for the last sentence in 7.15 was that it not apply when extraordinary circumstances prevail.

February 12, 2014

Our negotiating team gave the proposal shown in the left column of the table above to the administration, but the parties did not have time to discuss it at this negotiating session.


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