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--
- 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;
- if 100% of the TET and NTE Members on a committee or in a department or college agree in writing to hold a meeting;
- 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 University’s last scheduled examination
period. This deadline shall only be extended in the event that the Bargaining
Unit Faculty Member is unable to turn in the grades due to illness or
unforeseen emergency.
7.2.5 For at least one year
after they have issued grades for a course, Bargaining Unit Faculty Members
shall retain any of the following items that were used in determining those
grades: grade records, progress reports, and attendance records.
7.3 Course Syllabi. Bargaining
Unit Faculty Members shall provide a course outline for students in each course
taught. The outline shall include a clear explanation of the course
requirements, policies on grading and expectations for class attendance. It is
only necessary to state an attendance policy in a syllabus if attendance is
factored into the calculation of the student’s grade.
7.3.1. Members will make a good
faith effort to make their outlines available to students and to the Department
Chair at the beginning of the course, unless there is a clear pedagogical
reason to delay, and no later than the end of the first week of class.
7.3.2. Members shall make good
faith efforts to make the content of the course, as reflected in the syllabus
and as actually taught, consistent with the curriculum.
7.4 Faculty Availability.
7.4.1 Consistent with past practice,
Bargaining Unit Faculty Members with academic year appointments shall be
available for service at the University throughout the academic year.
7.4.2 Bargaining Unit Faculty
Members have an obligation to meet all of their scheduled classes throughout
the scheduled time, unless an alternative learning experience has been
assigned. if an alternative learning experience involves a substantial portion
of a course (a full week of class, for example, or an equivalent amount of time
for late starts or early dismissals), it must be listed in the syllabus as part
of the course requirement, in which case the alternative learning experience
must be approved for the course by the relevant department curriculum committee
or approved for the specific section of the course by the department chair.
7.4.3 Bargaining Unit Faculty
Members who will be absent from class because of attendance at a professional
meeting shall request written permission from the Chair.
7.4.4 Bargaining Unit Faculty
Members who will be absent from class because of religious observance shall
inform the students and the Department Chair in advance.
7.4.5 When forced by illness or
unforeseen emergency to cancel class, Bargaining Unit Faculty Members shall
inform the Department Chair of such cancellation. If possible, the Member will
inform the Department Chair and the students of the cancellation a reasonable
period of time before the class is scheduled to meet.
7.4.6 Bargaining Unit Faculty
Members are expected to use the final examination period for its intended
purpose and to schedule exams and other culminating class experiences during
the time period designated by the Registrar.
7.4.7 Bargaining Unit Faculty Members will not give
comprehensive final exams during the last week of classes. If a Member
schedules a comprehensive final exam, it shall be during the time period
designated by the Registrar unless the appropriate department chair or dean has
provided written approval for a deviation from this requirement.
7.4.8 Each Bargaining Unit
Faculty Member shall attend an average of at least one commencement ceremony in
full academic regalia every two years.
7.5 Office Hours.
7.5.1 Each Bargaining Unit
Faculty Member shall maintain a sufficient number of regular office hours to
meet the reasonable needs of the Member’s students and advisees.
7.5.2 Regular office hours
shall occur at reasonably convenient times for students and advisees; they
shall be scheduled on at least two days per week; they shall be posted,
distributed and included in all course syllabi; and they shall occur in the
Bargaining Unit Faculty Member’s faculty office or other facility equally
convenient for students.
7.5.3 E-mail, voice mail and
other types of electronic communication may supplement regular office hours but
may not be used to replace opportunities for face-to-face meetings.
7.6 Learning Environment. In
order to maintain a safe and otherwise appropriate learning environment,
AAUP-WSU and the University agree to the following measures.
7.6.1 When, in the judgment of
a Bargaining Unit Faculty Member, a student in that Member’s class is
disruptive, the Member may remove the student from each class meeting in which
the disruptive behavior occurs. The Member is also entitled to the assistance
of the University Police Department in removing the student. If the Member
believes the student’s continued presence in the course would be disruptive and
wishes to have the student permanently removed from class, the Member must
contact either the AAUP-WSU or the Office of the Provost to initiate the
procedure described in Section 7.6.2.
7.6.2 The Member who teaches
the class, a representative of the AAUP-WSU and a provost will confer as soon
as possible (normally within twenty-four hours) regarding whether the student
should be allowed to attend the Member’s class pending the completion of the
student disciplinary process. Unless both the provost and the AAUP-WSU
representative conclude that the student should be permitted to attend class,
the student shall not be permitted to return until the disciplinary process is
completed.
7.6.3 The provost will be
responsible for informing the student as to whether or not he or she may return
to class and that a hearing on the matter will be held by the Office of Student
Judicial 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--
- 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;
- if
100% of the TET and Members on a committee or in a department or college
agree in writing to hold a meeting;
- if
there is an emergency.
7.7.3. Chairs and Deans can call meetings that include
Bargaining Unit Faculty Members under circumstances other than those specified
in sections 7.7.1 and 7.7.2, but attendance at such meetings is voluntary and
no evaluative or disciplinary consequences can occur because of a Member’s
presence or absence. |
7.8 Summer Teaching Assignments. (See Section 23.6 regarding compensation for summer teaching.)
7.8.1 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). |
