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Negotiations: Article 13, Appointment and Promotion

Wright State University Chapter

American Association of University Professors

The administration put forth the article shown in the right half of the table below at the April 15, 2013 negotiating session. At the May 3, 2013 session, our team countered with the proposal shown in the left half.

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 13

Appointment and Promotion

13.1 Regardless of the length of appointment No no Bargaining Unit Faculty Member is eligible for tenure under any circumstances and . Regardless of the length of appointment, nothing in this policy Agreement implies permanency or tenure. 13.1 No Bargaining Unit Faculty Member is eligible for tenure under any circumstances. Regardless of the length of appointment, nothing in this policy implies permanency or tenure.

13.1.1 Each Bargaining Unit Faculty Member not appointed in the College of Nursing and Health or the Lake Campus will have a primary appointment in an identified academic department.

 

13.2 Temporary Faculty Appointments. Instructors and all ranks of Visiting Professors are temporary appointments.

13.2.1 Instructor is the rank assigned to a Bargaining Unit Faculty Member who is qualified to teach but who may or may not hold the terminal degree in the discipline of the department of appointment. Initial appointments for Instructors are for up to one year and may be extended in one yearone-year increments when the advertisements for the position and the appointment letter state that such extensions are possible. Instructor appointments may not be extended beyond a total of six years of service. Instructor positions have no expectation of continuing employment. If the University intends to offer an additional one-year appointment to an Instructor, it will make a good faith effort to notify the Member of its intent by February 1. Before the Member’s sixth year as an Instructor begins, the University will (a) notify the faculty member that the appointment will not be continued or (b) offer a continuing appointment as a Lecturer with no identified date of termination.

13.2 Temporary Faculty Appointments. Instructors and all ranks of Visiting Professors are temporary appointments.

13.2.1 Instructor is the rank assigned to a Bargaining Unit Faculty Member who is qualified to teach but who may or may not hold the terminal degree in the discipline of the department of appointment. Initial appointments are for up to one year and may be extended in one year increments when the advertisements for the position and the appointment letter state that such extensions are possible. Instructor appointments may not be extended beyond a total of six years of service.

13.2.2 Visiting Assistant Professor, Visiting Associate Professor, or Visiting Professor is the rank assigned to a faculty member whose education and experience is equivalent to Wright State faculty with the corresponding rank. Initial Visiting appointments may be made for a period of up to three years. are for up to three years. If an initial appointment is for less than three years, it may be extended to a total of three years when the advertisements for the position and the appointment letter state that such extensions are possible, but the total length of a visiting appointment cannot exceed three years..

13.2.3 Bargaining Unit Faculty may be appointed to the rank of Lecturer upon beginning Wright State employment or after serving for a time as an Instructor. The university’s decision to create a Lecturer position is based on university needs, regardless of the performance level of existing Instructors.

13.2.4 Initial appointments as Lecturers and Senior Lecturers are for three years and may be extended by a succeeding three-year appointment. Before the Member’s sixth year as an NTE Faculty Member begins, the university will (a) notify the Member that the appointment will not be continued or (b) offer a continuing appointment with no identified date of termination.

13.2.5 An Instructor who has served for a period of at least three years, with sustained outstanding performance, as documented in accordance with 13.5.2.2, will have the right of first refusal to accept a position as Lecturer when a position for Lecturer is open in a department and the Instructor is qualified to teach the courses for which the Lecturer is being hired. If more than one instructor is qualified in a department then the instructor with the most seniority based on hire date, will have the right of first refusal; ties will be broken at random. The Department Chair or Dean will notify all eligible Instructors in his or her department or college if a Lecturer position is open. Sustained outstanding performance for this purpose is specified in 13.99.

13.2.6 Termination of Bargaining Unit Faculty without continuing employment agreements shall be governed by 15.3.1.

13.3 Continuing Faculty Appointments. After a period of employment of six years at the University, any Bargaining Unit Faculty member holding the The ranks of Lecturer, Senior Lecturer, Clinical Instructor and or Clinical Assistant Professor are will have a continuing appointments. A continuing appointment does not imply permanence, and faculty Bargaining Unit Faculty with continuing appointments are not eligible for tenure, and the employment of a faculty member with a continuing appointment may be terminated at any time pursuant to Article 15.

13.2.2 Visiting Assistant Professor, Visiting Associate Professor, or Visiting Professor is the rank assigned to a faculty member whose education and experience is equivalent to Wright State faculty with the corresponding rank. Initial appointments are for up to three years. If an initial appointment is for less than three years, it may be extended to a total of three years when the advertisements for the position and the appointment letter state that such extensions are possible.

13.3 Continuing Faculty Appointments. The ranks of Lecturer, Senior Lecturer, Clinical Instructor and Clinical Assistant Professor are continuing appointments. A continuing appointment does not imply permanence, faculty with continuing appointments are not eligible for tenure, and the employment of a faculty member with a continuing appointment may be terminated at any time pursuant to Article 15.

13.3.1 Lecturer is the rank assigned to those who are qualified to teach and who may or may not hold the terminal degree in the discipline of the department of appointment. Initial appointments are for three years and may be extended by a succeeding three-year appointment. Before the faculty member’s sixth year as a Lecturer, the university will (a) notify the faculty member that the appointment will not be continued or (b) offer a continuing appointment with no identified date of termination. 13.3.1 Lecturer is the rank assigned to those who are qualified to teach and who may or may not hold the terminal degree in the discipline of the department of appointment. Initial appointments are for three years and may be extended by a succeeding three-year appointment. Before the faculty member’s sixth year as a Lecturer, the university will (a) notify the faculty member that the appointment will not be continued or (b) offer a continuing appointment with no identified date of termination.

13.3.1.1 Faculty may be appointed to the rank of Lecturer upon beginning Wright State employment or after serving for a time as an Instructor. An appointment to Lecturer can only occur if a Lecturer position is open. Instructors should have no expectation that this will happen, however; the university’s decision to create a Lecturer position is based on university needs, regardless of the performance level of existing Instructors.

13.3.1.2 Before beginning an internal or external search for a Lecturer, the Department Chair or Dean will notify all eligible Instructors in his or her department or college and name a search committee that includes at least one Lecturer. An Instructor applying for a Lecturer position in an internal search must have an Instructor appointment that is eligible for an extension or that has been continued for six years.

13.3.2 Senior Lecturer is the rank assigned to those who have been promoted to that rank because of sustained outstanding performance in teaching and service for a minimum of six years at the Lecturer rank and demonstrated leadership within the university, the discipline or the community. A Lecturer may apply for promotion to Senior Lecturer, following criteria and procedures for promotion maintained in her or his college of appointment.

13.3.33.3 Clinical Instructor and Clinical Assistant Professor are the ranks assigned only to those who teach clinical and classroom courses in the College of Nursing and Health and who may or may not hold a terminal degree in the discipline. Initial appointments are for three years and may be extended by a succeeding three-year appointment. Faculty may be appointed to the rank of Clinical Instructor or Clinical Assistant Professor upon beginning Wright State employment, depending on their credentials and experience. Before the faculty member’s sixth year as a Clinical Instructor and/or Clinical Assistant Professor, the university will (a) notify the faculty member that the appointment will not be continued or (b) offer a continuing appointment with no identified date of termination.

13.3.3.1 Before the faculty member’s sixth year as a Clinical Instructor and/or Clinical Assistant Professor, the university will (a) notify the Bargaining Unit Member that the appointment will not be continued or (b) offer a continuing appointment with no identified date of termination. Faculty may be appointed to the rank of Clinical Instructor or Clinical Assistant Professor upon beginning Wright State employment, depending on their credentials and experience.

13.3.1.1 Faculty may be appointed to the rank of Lecturer upon beginning Wright State employment or after serving for a time as an Instructor. An appointment to Lecturer can only occur if a Lecturer position is open. Instructors should have no expectation that this will happen, however; the university’s decision to create a Lecturer position is based on university needs, regardless of the performance level of existing Instructors.

13.3.1.2 Before beginning an internal or external search for a Lecturer, the Department Chair or Dean will notify all eligible Instructors in his or her department or college and name a search committee that includes at least one Lecturer. An Instructor applying for a Lecturer position in an internal search must have an Instructor appointment that is eligible for an extension or that has been continued for six years.

13.3.2 Senior Lecturer is the rank assigned to those who have been promoted to that rank because of sustained outstanding performance in teaching and service for a minimum of six years at the Lecturer rank and demonstrated leadership within the university, the discipline or the community. A Lecturer may apply for promotion to Senior Lecturer, following criteria and procedures for promotion maintained in her or his college of appointment.

13.3.3 Clinical Instructor and Clinical Assistant Professor are the ranks assigned to those who teach clinical and classroom courses in the College of Nursing and Health and who may or may not hold a terminal degree in the discipline. Initial appointments are for three years and may be extended by a succeeding three-year appointment. Before the faculty member’s sixth year as a Clinical Instructor and/or Clinical Assistant Professor, the university will (a) notify the faculty member that the appointment will not be continued or (b) offer a continuing appointment with no identified date of termination.

13.3.3.1 Faculty may be appointed to the rank of Clinical Instructor or Clinical Assistant Professor upon beginning Wright State employment, depending on their credentials and experience.

13.4 Promotion from Clinical Instructor to Clinical Assistant Professor. A Clinical Instructor may apply for promotion to Clinical Assistant Professor upon obtaining the required credentials and experience {Additional criteria to be negotiated}. , following criteria and procedures for promotion maintained in the College of Nursing and Health.

13.5 Promotion from Lecturer to Senior Lecturer or Clinical Instructor to Clinical Assistant Professor.

13.5.1 Definitions.

13.5.1.1 The Promotion Document is the information that the candidate seeking promotion submits to the department chair summarizing his or her case for promotion. It consists of the following items:

1. The candidate review statement (Appendix A)

2. Evidence of outstanding teaching and service during the candidate’s career at Wright State University

a. Annual performance evaluations for at least the six most recent years as a Lecturer or Clinical Instructor.

b. Peer reviews of teaching for at least the six most recent years as a Lecturer or Clinical Instructor

c. Optional additional evidence of outstanding teaching. and service

3. Evidence of leadership during the candidate’s career at Wright State

 University

a. List of leadership activities, including dates

b. At least two internal or external letters of support that speak directly to the value of the candidate’s leadership contributions

c. Other optional evidence of leadership

4. Other items that may be required or suggested by approved college criteria

13.5.1.2 The Promotion File consists of the Promotion Document and the following items that are added during the review process:

1. A written statement of the department chair

2. The form shown in Appendix B C used to record votes and recommendations

3. A record of the College Senior Lecturer Promotion Committee's vote and

 recommendation, or in the College of Nursing and Health a record of the College’s Clinical Assistant Professor Promotion Committee’s vote and recommendation.

4. The recommendation of the college dean made in consultation with the provost

5. Rebuttals and supporting material (if any) filed by the candidate

13.5.1.3 Senior Lecturer Promotion Committees are composed of Senior Lecturers and tenured TET Bargaining Unit fFaculty members Members who review promotion cases at the college level and make recommendations to the college dean.

13.5.2 Criteria for Promotion to Senior Lecturer. {Criteria for Promotion to Clinical Assistant Professor to be negotiated.}

13.5.2.1 To be promoted to the rank of Senior Lecturer, a Lecturer must have served six years at the Lecturer rank and during that time have demonstrated a record of:

Ssustained outstanding performance in teaching and service, as defined which is documented in accordance with Section 13.5.2.2 and defined by Section 13.99.  

1.         Leadership within the university, the discipline and/or the community as described in Section 13.5.2.3. Evidence of the candidate’s leadership may come from any time during his or her academic career but must include leadership contributions while a Lecturer at Wright State University.

13.5.2.2 Outstanding teaching and service is are documented by the chair’s annual evaluations of performance evaluation the Member’s performances, peer reviews of teaching, and other available evidence as needed or desired. Teaching and service are evaluated according to criteria governing Lecturers in the departments and the

13.5.2.4 Peer Evaluation of Teaching: Every Instructor, Lecturer or Senior Lecturer without a continuing appointment will receive two peer evaluations of teaching each year. Each peer evaluation of teaching will involve classroom observation (except for distance learning courses) and may include a review of teaching materials such as syllabi, assignments, exams etc.

13.5.2.4.1 Peer evaluators will be NTE Bargaining Unit Faculty with continuing appointments who hold the rank of Senior Lecturer (Clinical Assistant Professor) or TET Bargaining Unit who are tenured.

13.5.2.4.2 One peer evaluator will be chosen by the Bargaining Unit Member, and a second peer evaluator will be chosen by the Department Chair. Peer evaluators for a given academic year must be chosen no later than September 30, and one peer evaluation must be completed by the end of the fall semester.colleges. The amount of recent teaching may be limited, and effective completion of administrative responsibilities may be substituted for service work expected of non-administrative faculty.

13.5.2.3 Leadership in teaching, service and scholarship includes either major initiatives with substantial and ongoing impact, five or more significant leadership contributions that form a pattern of continuing engagement, or an equivalent combination of the two. In addition, individual colleges may develop alternative criteria appropriate to the work in their disciplines. Such criteria for approval must be approved by the Dean of the college, the University Faculty Affairs committee, and the Provost

13.5.3 Participants in Decisions of Promotion to Senior Lecturer.

13.5.3.1 All grants of promotion to Senior Lecturer are made by the Wright State University Board of Trustees based on review and recommendations from the following committees and individuals.

1.         Department Committee

1.     The candidate’s department chair

2.     A College Senior Lecturer (Clinical Assistant Professor) Promotion Committee consisting of the dean as a non-voting member and five voting members.

  • Three of the voting members will be of Senior Lecturer (Clinical Assistant Professor) rank and must hold continuing appointments; and they will be elected by the college’s fulltime, non- tenure track faculty Bargaining Unit Faculty who hold the rank of Lecturers and or Senior Lecturers (Clinical Instructor or Clinical Assistant Professor). A college that does not have sufficient Senior Lecturers (Clinical Assistant Professors) may staff the committee by first electing Senior Lecturers with continuing appointments from another college. When that is not possible, substitutes may be elected from among the tenured faculty within the college. Each substitute must be from a different department.
  • Two TET Bargaining Unit Faculty who are tenured elected by Bargaining Unit Faculty who hold the rank of Lecturer or Senior Lecturer (Clinical Instructor or Clinical Assistant Professor). of the voting members will be members of the College Promotion and Tenure Committee, chosen by that committee.

The voting members of the committee will elect a chair from among the voting members.

3.     The candidate’s dean

4.     The provost

5.     The university president

13.5.4 Procedures for Granting Promotion to Senior Lecturer (Clinical Assistant Professor)

13.5.4.1 To initiate the Promotion Process, a faculty member must submit the Promotion Document to the department chair by October 1. The document becomes part of the candidate’s Promotion File and may not be altered after the candidate has submitted it, without permission of the candidate and the department chair. Once the promotion process has begun, only the candidate may terminate the process. To do so, the candidate must submit written notice of withdrawal to the dean, who will then convey this information as appropriate.

13.5.4.2 The Department Chair will forward the Promotion Document to a department committee charged to evaluate promotions to Senior Lecturer. The committee will review the document and prepare a letter recommending for or against the promotion.

13.5.4.3 By November 15, the Department Chair will review the Promotion Document and prepare a letter recommending for or against the promotion. If the Chair reviews or otherwise takes into account materials that are not part of the individual's promotion file, the Chair will promptly make such materials available to the candidate. The recommendation of the chair must be based on criteria in 13.99 and no other. The letters from the department committee that reviewed the Document and from the Department Chair will be added to the candidate’s Promotion File. The candidate will have twenty (20) working days to add a rebuttal letter to the file.

13.5.4.4 By February 1, the College Senior Lecturer Promotion Committee will review the candidate's file and make its written recommendation. The recommendation must be based on criteria in 13.99 and no other. If the Committee reviews or otherwise takes into account materials that are not part of the individual's promotion file, the chair of that committee will promptly make such materials available to the candidate. The Promotion Document cannot be altered after it has been voted on by the College Senior Lecturer Promotion Committee.

 must submit written notice of withdrawal to the dean, who will then convey this information as appropriate.

13.5.4.2 The Department Chair will forward the Promotion Document to a department committee charged to evaluate promotions to Senior Lecturer. The committee will review the document and prepare a letter recommending for or against the promotion.

13.5.4.3 By November 15, the Department Chair will review the Promotion Document and prepare a letter recommending for or against the promotion. The letters from the department committee that reviewed the Document and from the Department Chair will be added to the candidate’s Promotion File. The candidate will have twenty (20) working days to add a rebuttal letter to the file.

13.5.4.4 By February 1, the College Senior Lecturer Promotion Committee will review the candidate's file and make its written recommendation. If the Committee reviews materials that are not part of the individual's promotion file, the chair of that committee will promptly make such materials available to the candidate. The Promotion Document cannot be altered after it has been voted on by the College Senior Lecturer Promotion Committee.

13.5.4.5 The college dean will inform the candidate promptly in writing of the decision and vote of the College Senior Lecturer Promotion Committee. The candidate will have ten (10) working days to add a rebuttal letter to the file.

13.5.4.6 By March 15, the college dean in consultation with the provost will review the file and prepare a letter recommending for or against the promotion. The recommendation must be based on criteria in 13.99 and no other. The college dean will inform the candidate promptly in writing of the decision dean’s recommendation and provide the candidate access to his or her file, which will include the department chair and dean recommendations and the Committee's recommendation and vote.

13.5.4.7/13.14.1 A candidate may appeal a Dean’s recommendation on the grounds that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the criteria in 13.99, or (c) the outcome was arbitrary, discriminatory or capricious. The Candidate has at least five (5) working days after receiving written notification (13.5.4.6) of the recommendation of the Dean to notify in writing both the Provost and the AAUP-WSU Grievance and Contract Administration Officer of her or his intent to file an appeal. The actual deadline in a given year is set forth in Appendix D. The appeal and all supporting documentation must be submitted to the Provost and the AAUP-WSU Grievance and Contract Administration Officer by the deadline set forth in Appendix D, which is at least fifteen (15) working days after the candidate receives written notification of the Dean’s recommendation.

13.14.2 Upon receiving a written notification of the intent to file an appeal from one or more Bargaining Unit Faculty Members, the AAUP-WSU and the University shall form a Promotion Appeals Committee consisting of three NTE or TET Bargaining Unit Faculty Members selected by the AAUP-WSU and three department chairs, assistant deans, or associate deans who are also tenured faculty selected by the University. In addition, the AAUP-WSU and the University will each appoint two alternate members to the Committee. Each of the members, including the alternates, selected by the AAUP-WSU must be from different colleges. Likewise each of the members, including the alternates, selected by the University must be from different colleges. The Committee will be formed within ten (10) working days after notice of intent to file an appeal is received (see Section 13.14.1). All meetings of the Appeals Committee will include exactly six voting members: three NTE or TET Bargaining Unit Faculty appointed by the AAUP-WSU 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.

13.14.3 The Appeals Committee shall have Co-Chairs. One Co-Chair must be elected by the Faculty appointed by the AAUP-WSU, and one Co- Chair must be elected by the faculty members appointed by the University. A single chair may be elected by both constituencies.

13.14.4 Procedures of the Promotion Appeals Committee.

13.14.4.1 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.

13.14.4.2 Following the review of materials and testimony relevant to a given case, the Committee will determine if any of the criteria (a), (b), (c) listed in 13.14.1 appear to be substantiated. The Committee will then send to the Provost a report stating its findings (as to whether or not any criteria listed in 13.14.1 appear to be substantiated), the basis for its findings, and its recommendations.

13.14.4.3 Recommendations of the Committee require a majority vote, but minority opinions must be represented in the final report if the minority so desires. All voting will be by secret ballot.

13.14.5 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 issue its written report no later than thirty (30) working days after the appellant submits the appeal and all supporting documentation to the Provost and the AAUP-WSU Grievance and Contract Administration Officer. The Committee will send its report to the Provost, with copies to the appellant and AAUP-WSU.

13.14.5.1 The Provost will forward both the Dean’s recommendation and the report of the Appeals Committee to the President.

13.14.6 Upon receiving the Committee’s report, the candidate has five working days to submit a letter of appeal to the University President.

13.14.7 Within twenty (20) working days after receiving the recommendations from the Deans and from the Appeals Committee, the President will notify the candidate in writing, with a copy to AAUP-WSU, that (a) the recommendation of the Dean is being upheld, (b) the Dean’s recommendation is being overturned, and the case being presented to the Board of Trustees for approval, or (c) that the case is being remanded in a specified way for further consideration.

13.14.8 If the Board of Trustees approves a promotion based in whole or in part on a Promotion Appeals Committee recommendation, the promotion shall be made retroactive to the normal promotion date for candidates from that department.

13.15 Promotion Grievances.

13.15.1 A promotion case not resolved by appeal (13.14) may be grieved and go directly to arbitration if the AAUP-WSU concurs with the candidate that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the criteria in 13.99, or (c) the outcome was arbitrary, discriminatory or capricious. If the AAUP submits a promotion case to arbitration it must do so within thirty (30) working days of receiving the President’s disposition of the case (13.14.7). The arbitrator will be selected by the procedure specified in Section 16.6.1.

13.15.2 The arbitrator may remand the promotion decision being grieved with directions as to which of the existing procedures in this Agreement are to be followed.

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

13.15.2.2 The arbitrator does not have authority to award promotion to a Bargaining Unit Faculty Member.

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

13.15.4 A promotion case may be sent to arbitration no more than once every three years.

13.5.4.7 By March 31[a date to be negotiated], the provost will forward all recommendations for promotion to Senior Lecturer to the university president for consideration and recommendation to the Board of Trustees. The Board of Trustees announces all promotions.

13.5.5 Rebuttals in the Promotion to Senior Lecturer process. 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 at the points in the process indicated above. In addition, the candidate may use a rebuttal to report the acceptance or publication of a work of printed scholarship and/or the awarding of a grant or honor listed in the Document as under consideration. The rebuttal letter(s) and supporting evidence will be added to the candidate's promotion file and will be given full consideration at all subsequent stages of the promotion process. The candidate has the right to view the promotion file at any time during the process and after its completion.

13.99 Sustained Outstanding Performance

[to be negotiated]

  • Student evaluations are overwhelmingly positive
  • Peer evaluations are excellent
  • Satisfies essential teaching related behaviors listed below
  • A total of 15 positive teaching-related activities from the list below on behalf of students or the department. Each annual positive teaching-related activity counts toward the total.

· Essential teaching-related behaviors include, but are not limited to the following:

  1. preparation and distribution of syllabi
  2. meeting class on a consistent basis, including on-time arrival and dismissal
  3. professional classroom behavior
  4. organization of course content and lectures
  5. effective communication
  6. effective delivery of appropriate content material
  7. effective processes and materials for evaluating student learning
  8. availability to students during scheduled office hours and appointments
  9. teaching material that is current with the discipline

· Positive teaching-related activities include, but are not limited to the following:

  1. creating innovative projects and assignments
  2. teaching a larger than normal number of preparations or teaching section sizes that are larger than normal
  3. conducting review sessions outside of normal class time
  4. effective use of educational technology for students
  5. serving as a teaching mentor for other faculty
  6. being readily available to students beyond required office hours
  7. developing a new course
  8. developing a new teaching area
  9. mentoring students
  10. effectively supervising independent study projects
  11. incorporating projects that involve service learning

13.4 Promotion from Clinical Instructor to Clinical Assistant Professor. A Clinical Instructor may apply for promotion to Clinical Assistant Professor upon obtaining the required credentials and experience, following criteria and procedures for promotion maintained in the College of Nursing and Health.

13.5 Promotion from Lecturer to Senior Lecturer.

13.5.1 Definitions.

13.5.1.1 The Promotion Document is the information that the candidate seeking promotion submits to the department chair summarizing his or her case for promotion. It consists of the following items:

1. The candidate review statement (Appendix A)

2. Evidence of outstanding teaching and service during the candidate’s career at Wright State University

  1. Annual performance evaluations for at least the six most recent years as a Lecturer
  2. Optional additional evidence of outstanding teaching and service

3. Evidence of leadership during the candidate’s career at Wright State University

  1. List of leadership activities, including dates
  2. At least two internal or external letters of support that speak directly to the value of the candidate’s leadership contributions
  3. Other optional evidence of leadership

4. Other items that may be required or suggested by approved college criteria

13.5.1.2 The Promotion File consists of the Promotion Document and the following items that are added during the review process:

1. A written statement of the department chair

2. The form shown in Appendix B used to record votes and recommendations

3. A record of the College Senior Lecturer Promotion Committee's vote and recommendation

4. The recommendation of the college dean made in consultation with the provost

5. Rebuttals and supporting material (if any) filed by the candidate

13.5.1.3 Senior Lecturer Promotion Committees are composed of Senior Lecturers and tenured faculty members who review promotion cases at the college level and make recommendations to the college dean.

13.5.2 Criteria for Promotion to Senior Lecturer.

13.5.2.1 To be promoted to the rank of Senior Lecturer, a Lecturer must have served six years at the Lecturer rank and during that time have demonstrated a record of sustained outstanding performance in teaching and service, as defined in Section 13.5.2.2.    

13.5.2.2 Outstanding teaching and service are documented by annual performance evaluations and other available evidence as needed or desired. Teaching and service are evaluated according to criteria governing Lecturers in the departments and the colleges. The amount of recent teaching may be limited, and effective completion of administrative responsibilities may be substituted for service work expected of non-administrative faculty.

13.5.3 Participants in Decisions of Promotion to Senior Lecturer.

13.5.3.1 All grants of promotion to Senior Lecturer are made by the Wright State University Board of Trustees based on review and recommendations from the following committees and individuals.

1.     Department Committee

2.     The candidate’s department chair

3.     A College Senior Lecturer Promotion Committee consisting of the dean as a non-voting member and five voting members.

  • Three of the voting members will be of Senior Lecturer rank and will be elected by the college’s Lecturers and Senior Lecturers. A college that does not have sufficient Senior Lecturers may staff the committee by first electing Senior Lecturers from another college. When that is not possible, substitutes may be elected from among the tenured faculty within the college. Each substitute must be from a different department.
  • Two of the voting members will be members of the College Promotion and Tenure Committee, chosen by that committee.
  • The voting members of the committee will elect a chair from among the voting members.

4.     The candidate’s dean

5.     The provost

6.     The university president

13.5.4 Procedures for Granting Promotion to Senior Lecturer

13.5.4.1 To initiate the Promotion Process, a faculty member must submit the Promotion Document to the department chair by October 1. The document becomes part of the candidate’s Promotion File and may not be altered after the candidate has submitted it, without permission of the candidate and the department chair. Once the promotion process has begun, only the candidate may terminate the process. To do so, the candidate must submit written notice of withdrawal to the dean, who will then convey this information as appropriate.

13.5.4.2 The Department Chair will forward the Promotion Document to a department committee charged to evaluate promotions to Senior Lecturer. The committee will review the document and prepare a letter recommending for or against the promotion.

13.5.4.3 By November 15, the Department Chair will review the Promotion Document and prepare a letter recommending for or against the promotion. The letters from the department committee that reviewed the Document and from the Department Chair will be added to the candidate’s Promotion File. The candidate will have twenty (20) working days to add a rebuttal letter to the file.

13.5.4.4 By February 1, the College Senior Lecturer Promotion Committee will review the candidate's file and make its written recommendation. If the Committee reviews materials that are not part of the individual's promotion file, the chair of that committee will promptly make such materials available to the candidate. The Promotion Document cannot be altered after it has been voted on by the College Senior Lecturer Promotion Committee.

13.5.4.5 The college dean will inform the candidate promptly of the decision and vote of the College Senior Lecturer Promotion Committee. The candidate will have ten (10) working days to add a rebuttal letter to the file.

13.5.4.6 By March 15, the college dean in consultation with the provost will review the file and prepare a letter recommending for or against the promotion. The college dean will inform the candidate promptly of the decision and provide the candidate access to his or her file, which will include the department chair and dean recommendations and the Committee's recommendation and vote.

13.5.4.7 By March 31, the provost will forward all recommendations for promotion to Senior Lecturer to the university president for consideration and recommendation to the Board of Trustees. The Board of Trustees announces all promotions.

13.5.5 Rebuttals in the Promotion to Senior Lecturer process. 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 at the points in the process indicated above. The rebuttal letter(s) and supporting evidence will be added to the candidate's promotion file and will be given full consideration at all subsequent stages of the promotion process. The candidate has the right to view the promotion file at any time during the process and after its completion.

Status of Negotiations about the Above Article

August 20, 2013 update

The parties reached tentative agreement on this article, and they initialed the TA'd article on August 19, 2013.

May 24, 2013

At this session, the parties reviewed a counterproposal submitted by the administration on May 21, which you may wish to examine as you read this May 24 report.

Our negotiating team raised a number of questions. First, in section 13.1.2.2, we noted that the administration had listed Clinical Assistant Professors (in CoNH) but not Senior Lecturers as having temporary appointments during their first six years of service as NTE faculty. (Likewise, see section 13.1.2.3, which specifies that "Senior Lecturers are always continuing appointments" but is silent about Clinical Assistant Professors.) Our question was predicated upon our understanding that Clinical Instructor is analogous to Lecturer, and Clinical Assistant Professor to Senior Lecturer. Our question led to a discussion of the three ranks for non-visiting NTE faculty outside of CoNH vs. the two in CoNH; and, whether additional credentials or good performance were required for promotion to Clinical Assistant Professor (vs. promotion to Senior Lecturer). Our team encouraged the administration to bring the Dean of CoNH to negotiations.

We asked about the administration's intent in sections 13.2.4 and 13.3. We understand now that the idea is for a Lecturer to be appointed for the smaller of (1) three years and (2) the number of years needed to give the individual six total years of service as an NTE faculty member.

Next, we asked about the final sentence in 13.4.1, which would provide no written notice that a fixed term appointment will not be renewed. The parties discussed when a Dean might extend an offer of a renewed appointment; the possible negative effect of a written notice of non-renewal; and, whether a non-renewal notice was needed if the initial offer letter stated that the position offered was not renewable.

Our team then stated that AAUP-WSU finds sections 13.4.3 and 13.4.4 in the administration's counterproposal highly objectionable. In 13.4.3, one sees that an NTE member on a continuing appointment could be dismissed for (supposedly) deficient performance even after, say, twenty years of service to WSU, with no due process and certainly nothing approaching the level of protection against unfounded dismissal afforded TET faculty. Likewise, 13.4.4 would permit the administration to fire NTE faculty on continuing appointments while simultaneously hiring adjuncts, again with no due process. Our team acknowledged that the administration has, to the best of our understanding, generally adhered to sound principles in matters like these. However -- as our Chief Negotiator can attest due to his service as President of national AAUP -- this can change when top administrators change! We pressed the administration for the parties to incorporate sound principles in the CBA, so that (for example) no Wright State administration would, in the future, do what a number of New Orleans institutions have done in the wake of Katrina: use an excuse to dump faculty. We stated that we wanted due process; for NTE faculty to be dismissed in the face of diminished need for their teaching only after adjuncts and other non-ET, non-NTE teaching personnel. We stated candidly that AAUP-WSU is seeking protection for NTE faculty on continuing appointments akin to tenure, but with a major difference: the administration could dismiss NTE faculty for unacceptably bad teaching, provided such was well documented in a suitable due process mechanism. We also stated that we would not be opposed to CBA language to address nightmare scenarios raised by the administration -- e.g., would it (the administration) be compelled to keep an NTE faculty member, rather than hiring an adjunct, when the demand for courses that the member might teach was down to (say) two per year?

Based on the ensuing discussion, we believe that the administration will accept due process in terminations such as these: a BUFM with truly poor performance, a BUFM whose teaching is no longer needed at WSU.

Continuing with other sections in article, the administration stated that its intent in striking "criteria ... to be negotiated" in 13.4 (the second of two sections so numbered) and 13.5.2 was merely to ensure that this reminder note did not find its way into the eventual CBA.

The parties then discussed whether Instructors should be among those who vote to elect members of a college's College Senior Lecturer (Clinical Assistant Professor) Promotion Committee; see section 13.5.3.1. After discussion it became clear that, though the parties have not decided on this matter, it will not be a source of contention.

In section 13.99, the parties noted that the definition of "Sustained Outstanding Performance" -- as would be required for promotion to Senior Lecturer (section 13.2.2) -- should be expanded to include service as well as teaching, provide the parties are able to agree on a workload proposal. (AAUP-WSU believes that the increased teaching load under semesters borne by NTE faculty make a significant service expectation unrealistic.)

The parties assigned homework to a subcommittee: drafting language about the dismissal of NTE members on a continuing appointment for bad performance or in the face of diminished need.

 

May 10, 2013

At the May 10 session, much of the parties' discussions about Article 13 was in the broad context of the job security protections AAUP-WSU has proposed in Article 13, Article 15 (Termination of Appointments), and Article 17 (Retrenchment). Please read about those discussions in our May 10 report on our CBA Negotiations page.

Outside an extended off-the-record conversation, the parties did consider the following Article 13 matters.

First, in our section 13.2.4, the administration noted that this language would present an obstacle to moving an Instructor into a Lecturer position in the fourth year; our team agreed and stated that the language could be amended to read up to three years.

Next, the administration noted that our process for promotion to Senior Lecturer entailed no department committee, and it asked if a department committee should at least be possible. In reply, we stated that a process that is as uniform as possible was best (the subject being that many departments have too few NTE faculty for viable department committees to be constituted); and, we reminded the administration that our proposal for peer evaluation of teaching (Section 13.5.2.4 and subsections) would ensure that a department-level review of teaching would occur every year, and in the classroom to boot.

Continuing with the process for promotion to Senior Lecturer, the administration asked about rebuttals (which our proposal authorizes after the chair's recommendation and again after the college committee's recommendation) and appeals. We stated that we wanted the appeal process to occur just before the University President makes her or his recommendation to the Board of Trustees. We further stated that we would have no objection if the Provost, rather than the Dean (after consulting with the Provost), makes a recommendation to the President.

May 3, 2013

The parties discussed the AAUP-WSU counterproposal shown in the left half of the table above.

Our team pointed out new section 13.1.1, which specifies that each NTE BUFM outside the Lake Campus and CoNH will be appointed in an academic department. This is to ensure, e.g., that such BUFMs enjoy full rights of participation in faculty governance processes, for example those involving curricular matters, searches for faculty, and the like. The extensive discussion that ensued led to the issue of faculty whose initial appointments entailed some administrative duty; when may such an individual step aside from the administrative duty and thus become a "fully ordinary" (for lack of a better term) faculty member? Returning to the notion that all NTE BUFMs should be appointed to academic departments, the administration stated that there were four such persons now (appointed to a college with departments, but to no department, or appointed to no college at all) and a fifth was expected to be added; the administration further stated that we [the administration, or the administration and AAUP-WSU] should first determine what to do with [what departments should receive] these persons and then write CBA language accordingly.

Again, time ran out before the parties got to the more substantive features of this article. The parties agreed to have, at the next negotiating session, an overview discussion of Articles 13, 15, and 17, which together deal with appointment, promotion, retention, and dismissal of NTE faculty.

April 15, 2013

The administration stated that its intent in the above proposal (see the right half of the table above) was to be consistent with the status quo, and it provided the following notes:

Negotiations about this critical article (whose nominal equivalent in the existing CBA for tenure-eligible and tenured (TET) faculty is entitled "Promotion and Tenure") began with a number of routine questions from our negotiating team about various technicalities in the administration's proposed language. Among these, we learned that the administration's intent in 13.2.2 is to limit visiting faculty to a maximum total service of three years.

But soon enough, the negotiations zeroed in on a key issue: what job security do Lecturers (and Senior Lecturers and Clinical Faculty in CoNH) have? On this issue, the administration stated that...

Our team asked about section 13.3.1, in which it seems that the administration can dismiss a Lecturer after six years of service with no reason. Likewise, an individual could serve as an Instructor for six years and then as a Lecturer for six more, and then be dismissed. In reply the administration hinted that it might be willing to move on this issue -- how long a person can serve before achieving the relative security of "a continuing appointment with no identified date of termination". Our team likewise asked about the final sentence in section 13.3.1.1: why? The administration replied that the expectation might develop, or has developed, that all Instructors eventually become Lecturers, but that this and related language might be streamlined, simplified, or otherwise improved. We asked if an Instructor with outstanding performance should not automatically be able to move into an available Lecturer position, and we likewise stated that (despite the administration's insistence that appointment of an Instructor as a Lecturer is not a promotion but a new appointment), some Deans have issued letters alluding to promotion under these very circumstances.

Regarding section 13.4: our team has asked for the "criteria and procedures for promotion maintained in the College of Nursing and Health" but has received no such document. Thus we stated that this section cannot stand as it is. We stated that although there might be college-specific criteria for promotion, the process for promotion should be uniform, university-wide.

The parties will continue negotiations about this article, having run out of time at the April 15 session.


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