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Negotiations: Article 3, Non-Discrimination

Wright State University Chapter

American Association of University Professors

AAUP-WSU has proposed the article 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.

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 3

Non-Discrimination

3.1 The University agrees that it shall not discriminate against an employee because of membership in or activity on behalf of the AAUP-WSU.

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

3.3 The University and AAUP-WSU will not tolerate any form of harassment based on sex, race, or any other category listed in Section 3.2.

3.4 Any NTE Bargaining Unit Member charged with discrimination or harassment is entitled to due process before the University imposes any form of discipline as permitted under Article 14. However, the Member may be suspended with pay pursuant to Section 14.3. When notifying an NTE Bargaining Unit Faculty Member that a complaint has been filed against him or her, the Office of Affirmative Action Programs will provide the Member with a written statement from the AAUP-WSU regarding the Member’s rights. If the complaint is not resolved through mediation, the Office of Affirmative Action Programs will notify the AAUP-WSU President of the charges and the name of the NTE Bargaining Unit Faculty Member being charged, five (5) days prior to a hearing.

3.5 Any Member of the NTE Bargaining Unit who believes he or she has been discriminated against or harassed can seek relief through the Wright State University Office of Affirmative Action Programs, through a grievance under the terms of this contract, or through legal action pursuant to any applicable state or federal law. When an NTE Bargaining Unit Faculty Member seeks relief through the Office of Affirmative Action Programs, that office will provide the Member with a written statement from the AAUP-WSU regarding the Member’s rights.

3.6 Relationship by family or marriage is considered neither an advantage nor a deterrent to appointment by the University, provided the individual meets and fulfills the appropriate appointment standards. No NTE Bargaining Unit Faculty Member will be assigned to a department or unit under the direct supervision of a relative who has or can have a direct effect on the Member’s progress or performance.

3.7 Consensual sexual relations between students and NTE Bargaining Unit Faculty with whom they also have an evaluative relationship constitute a conflict of interest. Members shall avoid such relationships or, if such a relationship does exist, make arrangements through their Department Chair to eliminate any conflict of interest or appearance of such conflict, to the extent possible.

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

Status of Negotiations about the Above Article

April 22, 2013

The parties' Chief Negotiators initialed initialed -- "TA'd" -- this article, thus signifying tentative agreement on this article. Here is a pdf file showing the TA'd article.

April 1, 2013

The administration submitted a counterproposal differing from our original, shown above, only in the way that NTE faculty are referred to.

Our team then noted that the existing language states, "3.2 Neither the University nor the AAUP-WSU in carrying out its obligations under the Agreement shall discriminate ...", emphasis ours. The parties then agreed to strike "in carrying out its obligations under the Agreement" in the CBA for NTE faculty and accordingly to prepare a Memorandum of Understanding to modify the current CBA for tenure-eligible and tenured (TET) faculty.

March 11, 2013

Our negotiating team noted that the various references to "NTE Bargaining Unit Faculty Member" and such will require checking against the choices of language and acronyms the parties eventually settle on in section 2.4 of Article 2.


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This page was last modified on Tuesday, April 23, 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.