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Negotiations: Article 14, Discipline

Wright State University Chapter

American Association of University Professors

AAUP-WSU has proposed the article shown in the left half of the table below for inclusion in the first collective bargaining agreement (CBA) for non-tenure-eligible (NTE) faculty. Our negotiating team handed it to the administration at the initial negotiating session on March 11, 2013. Reports about the status of this article will be found below the article itself.

The administration's first counter-proposal, given to our negotiating team on April 1, 2013, is in the right half of the table below.

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 14

Discipline

14.1 The University has and retains the right to apply discipline up to and including termination of a NTE Bargaining Unit Member pursuant to Articles 14 and 15. The University subscribes to the principles of progressive discipline except when summary action is necessary and appropriate. In determining whether or not to impose discipline and the severity of such discipline the University shall consider the severity of the Bargaining Unit Faculty Member’s conduct and his or her disciplinary record, and the provisions in Article 5, “Academic Freedom and Professional Responsibilities.”

14.1.1 The Office of the Provost shall be consulted on all disciplinary measures, and a provost or designee shall be present for all disciplinary meetings.

14.1 The University has and retains the right to apply discipline up to and including termination of a Bargaining Unit Faculty Member pursuant to Articles 14 and 15. The University subscribes to the principles of progressive discipline except when summary action is necessary and appropriate. In determining whether or not to impose discipline and the severity of such discipline the University shall consider the severity of the Bargaining Unit Faculty Member’s conduct and his or her disciplinary record, and the provisions in Article 5, “Academic Freedom and Professional Responsibilities.”

14.1.1 The Office of the Provost shall be consulted on all disciplinary measures, and a provost or designee shall be present for all disciplinary meetings.

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

14.1.2 Discipline-based (just cause) terminations shall be imposed in accordance with provisions set forth in Article 15.

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

14.3 When in the judgment of the President or a provost the presence of a NTE Bargaining Unit Member on University premises presents a threat to health or safety of any person in the University community or represents a threat of disruption of or interference with any normal and lawful activities of the University, its staff or students, the President or a provost may suspend the Member pending the disposition of the disciplinary process provided for under Articles 14 and 15. Such suspension shall be with pay, although the University is not obligated to pay a Member who has been convicted of a crime and is incarcerated for that crime. The President or a provost may also direct that the Member be removed and barred from University premises.

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

14.4.1 As part of this investigation a chair, dean or provost may ask to speak informally with a NTE Bargaining Unit Member about the incident, and statements made during such discussions may be used subsequently in the discipline process. Members may refuse to discuss an incident or may have an AAUP-WSU representative present at such discussions.

14.4.2 Unless there is reasonable suspicion of unlawful or criminal activity, the University shall inform the NTE Bargaining Unit Member and AAUP-WSU in writing of the allegation(s) if the University undertakes a formal investigation involving third parties, the keeping of formal records, or multiple interviews with the Member toward whom the allegations are directed.

14.4.3 The University will notify the AAUP-WSU in advance of any meeting to be held with a Bargaining Unit Member as part of a formal investigation that could lead to disciplining that Member. The Member has the right to be accompanied by an AAUP-WSU representative at any such meeting.

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

14.5.1 The NTE Bargaining Unit Member shall be given the opportunity to be accompanied by an AAUP-WSU representative at the disciplinary meeting.

14.5.2 Unless the Member and representatives from both the AAUP-WSU and the University agree to a shorter time, at least five (5) working days before the disciplinary meeting, the University shall notify both the NTE Bargaining Unit Member and the AAUP-WSU of the specific charge(s) to be discussed at the meeting.

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

14.5.4 For serious or repeat offenses, discipline the University might impose includes but is not restricted to the following measures: required training (such as diversity or anger management); denial of summer teaching opportunities pursuant to Section 7.8.1; paid suspension; unpaid suspension pursuant to Article 15; and termination pursuant to Article 15. The University will pay for the costs incurred the first time a Member is required to undergo training as a disciplinary measure.

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

14.3 When in the judgment of the President or a provost the presence of a Bargaining Unit Faculty Member on University premises presents a threat to health or safety of any person in the University community or represents a threat of disruption of or interference with any normal and lawful activities of the University, its staff or students, the President or a provost may suspend the Member pending the disposition of the disciplinary process provided for under Articles 14 and 15. Such suspension shall be with pay, although the University is not obligated to pay a Member who has been convicted of a crime and is incarcerated for that crime. The President or a provost may also direct that the Member be removed and barred from University premises.

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

14.4.1 As part of this investigation a chair, dean or provost may ask to speak informally with a Bargaining Unit Faculty Member about the incident, and statements made during such discussions may be used subsequently in the discipline process. Members may refuse to discuss an incident or may have an AAUP-WSU representative present at such discussions.

14.4.2 Unless there is reasonable suspicion of unlawful or criminal activity, the University shall inform the Bargaining Unit Faculty Member and AAUP-WSU in writing of the allegation(s) if the University undertakes a formal investigation involving third parties, the keeping of formal records, or multiple interviews with the Member toward whom the allegations are directed.

14.4.3 The University will notify the AAUP-WSU in advance of any meeting to be held with a Bargaining Unit Member as part of a formal investigation that could lead to disciplining that Member. The Member has the right to be accompanied by an AAUP-WSU representative at any such meeting.

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

14.5.1 The Bargaining Unit Faculty Member shall be given the opportunity to be accompanied by an AAUP-WSU representative at the disciplinary meeting.

14.5.2 Unless the Member and representatives from both the AAUP-WSU and the University agree to a shorter time, at least five (5) working days before the disciplinary meeting, the University shall notify both the Bargaining Unit Faculty Member and the AAUP-WSU of the specific charge(s) to be discussed at the meeting.

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

14.5.4 For serious or repeat offenses, discipline the University might impose includes but is not restricted to the following measures: required training (such as diversity or anger management); denial of summer teaching opportunities pursuant to Section 7.8.1; paid suspension; unpaid suspension pursuant to Article 15; and termination pursuant to Article 15. The University will pay for the costs incurred the first time a Member is required to undergo training as a disciplinary measure.

Status of Negotiations about the Above Article

August 10, 2013 Update

The parties reached tentative agreement on this article, and they initialed the TA'd article to signify their agreement.

April 1, 2013

The administration's counterproposal, shown in the right half of the table above, features changes in section 14.1.2. It also revises references to NTE faculty as the parties agreed upon.

March 18, 2013

Regarding this article, our team simply confirmed that our proposal was taken from the current CBA for tenure-eligible and tenured (TET) faculty, with references as needed to the NTE Bargaining Unit [though those references may be amended according to technical decisions regarding references to the two bargaining units that will be reflected in Article 2 (Recognition)]. We also noted that the reference to tenure in 14.1.2 should have been stricken.


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This page was last modified on Saturday, August 10, 2013. Corrections, comments, and suggestions are most welcome. Contact the webmaster for this page (Jim Vance) at jimvance.wsu@gmail.com, telephone 937-775-2206. To contact the chapter, please see our Staff, Officers, and Committees page.