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Negotiations: Article 7, Faculty Rights and Responsibilities

Wright State University Chapter

American Association of University Professors

AAUP-WSU has proposed the article in the left side 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. The administration put forth a counterproposal, shown in the right side of the table below, on May 3, 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 7

Faculty Rights and Responsibilities

7.1 Textbooks. The University and the AAUP-WSU agree that NTE Bargaining Unit Faculty Members shall select textbooks and other teaching material (e.g. software, course notes, etc.) for the courses they teach and that the decision whether to do so individually or collectively will be made by them, TET faculty and by administrators who are members of their department or teach the course(s) in question. When selecting such materials, NTE 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, NTE Bargaining Unit Faculty Members shall make good faith efforts to keep costs to students as low as possible without sacrificing academic needs.

7.2 Grades. The University and the AAUP-WSU agree that the individual NTE 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..

7.1 Textbooks. The University and the AAUP-WSU agree that NTEWhen possible, 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 that the decisions whether to do so individually or collectively will be made by them, TET faculty and by administrators who are members of their department or teach the course(s) in question. 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.

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 NTE 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 NTE 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 NTE Bargaining Unit Faculty Member who awarded the grade or, under extraordinary circumstances, consent of other NTE Bargaining Unit Faculty in the Department or, if none are available, other TET Bargaining Unit Faculty in the Department. The NTE 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 NTE Bargaining Unit Faculty Member shall explain a grade to a student who requests such explanation during the regular office hours.

7.2.3 NTE 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, NTE Bargaining Unit Faculty Members will include a statement to that effect in the course syllabus.

7.2.4 NTE 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 NTE 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, NTE 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.

7.3 Course Syllabi. NTE 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, NTE Bargaining Unit Faculty Members with academic year appointments shall be available for service at the University throughout the academic year. 

7.4.2 NTE 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 NTE 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 NTE 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, NTE 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 NTE 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 NTE 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 NTE 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 NTE 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 NTE 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 NTE 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 NTE 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 NTE 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 TET and NTE Members on a committee or in a department or college agree in writing to hold a meeting;
  3. if there is an emergency.

7.7.3. Chairs and Deans can call meetings that include NTE 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.

7.2.1 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 or, if none are available, other 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 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 Universityís 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.

7.3 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 studentís 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 Memberís 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 Memberís 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 Memberís 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 studentís 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 Memberís 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 TET and Members on a committee or in a department or college agree in writing to hold a meeting;
  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 Memberís presence or absence.

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

7.8.1 NTE 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 in the most recent annual evaluation pursuant to Section 11.2.1, or

they have been given notice of termination due to ineffective teaching, or

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

7.8.2 Department bylaws may include a system to determine which NTE Bargaining Unit Faculty Members will receive summer teaching assignments when the requests for such assignments exceed the opportunities available.

7.8.3 The University may, at its discretion, award a NTE 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 23.6.3.

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. NTE 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 NTE 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 NTE 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 NTE 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 An NTE 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 an NTE 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 NTE 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 NTE 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 NTE Bargaining Unit Faculty Member.

7.15 Notice of Teaching Assignments. The University will make a good faith effort to inform NTE 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).

7.8 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 been given notice of termination due to ineffective teaching, or

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

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.

7.8.3 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 23.6.3.

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 An 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).

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 on July 30, 2013.

June 3, 2013

The parties examined an AAUP-WSU counterproposal dated June 3; in this pdf file, the most recent changes made by our team are marked in blue. As you read the rest of this June 3 report, you may wish to have this pdf file open.

Our team pointed out changes we made in section 7.1 (about textbook selection) to address the late-hire scenario discussed at the May 3 session, and we stated that we were willing to consider additional modifications to this language if there were other relevant scenarios requiring such modifications. The administration that it would be better if the term class rather than course were used here, and our team agreed. Our team also noted that, based on recent experience, the parties would be well advised to clarify their intent in 7.1 regarding an individual's choice of text vs. a choice made, or recommended, by a group of faculty.

Our team likewise called attention to section 7.8 and subsections on summer teaching. We noted that in the bulleted list in 7.8.1, we had restored "or service" with the understanding that this restoration was contingent upon our reaching a satisfactory workload agreement. In 7.8.2, we noted the hierarchy for summer teaching; and, in reply to an administration question about Bargaining Unit Faculty on fiscal year appointments, we stated that BUFMs on academic year appointments should have summer teaching opportunities before the administration assigns summer teaching to fiscal appointees.

The parties corrected a typo in 7.8.2 (replacing "... summer class for which an NTE ..." by "... summer class which an NTE ..." , and agreed in 7.8.1 to change "... , NTE Bargaining Unit Faculty Members on academic year appointments shall be given an ..." to "... , the University will give NTE Bargaining Unit Faculty Members on academic year appointments an ...".

The administration asked about priority for summer teaching between NTE and TET Bargaining Unit Faculty after summer 2015, the last year in which the Workload MOU for TET faculty guarantees certain summer teaching opportunities (about which see Part 2 I on page 7). Our team replied that AAUP-WSU as yet has no position on that matter and that the parties should address it when they work toward a successor to the CBA now being negotiated (and to the existing CBA for TET faculty).

May 3, 2013

The administration presented a counter (right column of the table above) to our proposal (left column).

About section 7.1, our team stated that we understood the administration's reason for the language "When possible..."; it contemplated an NTE faculty member hired just before a term began, when the opportunity to select and even order texts had long passed. We stated that we wanted tighter language to accomplish this objective.

The administration called our attention to a change it had made in section 7.2.1, one pertaining to the means whereby a grade assigned by a BUFM can be changed.

Then the parties turned their attention to summer school teaching rights, section 7.8 and subsections. Acknowledging that it had stricken all this language, the administration stated that it was still waiting to hear from AAUP-WSU regarding what we want in summer teaching rights for NTE BUFMs vs. those of TET (tenure-eligible and tenured) BUFMs. Our team replied that we would not give up the summer "guarantee" provisions in the workload MOU for TET faculty (see item I on page 7, starting with the second sentence). We further stated that NTE faculty should be accorded higher priority than adjuncts, administrators, GTA's, faculty with fiscal year appointments, etc. -- all others save only TET faculty with academic year appointments -- for all summer courses they are qualified to teach. The administration worried out loud about "bumping rights" (alluding to Appendix G "Side Letter on Summer Teaching Assignments" at the very end of the existing CBA for TET faculty).

March 18, 2013

Regarding section 7.1, the administration asked if our intent was to give NTE faculty the same book-choice rights as tenure-eligible and tenured (TET) faculty. We said yes; if individuals are qualified to teach a course, then they should be qualified to select texts.

The administration also stated that when a person is hired to teach close to the beginning of the term, it could be a problem to allow the person to select a text (e.g., with texts having been ordered long before). We stated that we would be willing to include CBA language to address that eventuality.

Finally, the parties began a discussion of summer school teaching rights (section 7.8). How do the provisions of this agreement interleave with the corresponding provisions in the existing CBA? (It should be noted that Appendix G (Side Letter on Summer Teaching Assignments) in the existing CBA also bears on this matter, as does the Workload MOU applicable to TET faculty, notably the "95% summer teaching guarantee" found in Part 2 I, pages 7-8.)

March 11, 2013

Our negotiating team reported that this article was based on the corresponding article in the existing CBA for tenure-eligible and tenured (TET) faculty, that it included references to NTE faculty, and that we had deleted apparently irrelevant language about research laboratories.

We also stated that in this article and others, various cross references to other articles and section numbers therein were, of course, subject to checking. (In previous negotiations, the parties typically have waited until an agreement is nearly final to check on technical details like cross references.) As expected, the administration agreed.

The administration stated that since this article is more complex that than 1 through 5, it would have to read it through.


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