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Connecticut State University System
Central
Connecticut State University
Eastern Connecticut State University
Southern
Connecticut State University
Western Connecticut State University
| Caveat: The ECSU-AAUP has expended considerable time and effort to make this WWW form of the contract identical in wording and appearance to the official printed version. Typographical errors, misspellings, and other errors in the printed version have been corrected here. This version of the contract attempts to incorporate all aspects of the contract extension to 2007, and the grievance settlement on grievance procedure. If any significant deviation from the printed version appears here, however, please remember that the printed versions of those original documents carry the correct, official wording of this collective bargaining agreement! |
| Note: The Table of Contents has been abbreviated here. The Find function under the Edit menubar item in your browser allows you to search for specific words to locate provisions in a much faster and easier way. The index, however, is provided in its entirety and with appropriate links at the bottom of this document. |
Preamble
Article 1
Definitions
Article
2 Recognition of CSU-AAUP
Article 3 Non-Discrimination,
Affirmative Action & Sexual Harassment
Article 4 Professional Rights
& Responsibilities
Table 1 Evaluation Process
Due Dates
Article 5
Faculty Participation Procedures
Article 6 Athletic Coaches
& Non-Instructional Athletic Trainers
Article 7
Counselors
Article
8 Library Faculty
Article 9 Working
Conditions
Article
10 Workload
Table 2 Academic
Calendars
Article
11 Summer School & Intersession
Article 12
Compensation
Article 13 Leaves &
Fringe Benefits
Article 14
Pensions
Article
15 Grievance Procedure
Article 16 Reprimand,
Suspension & Termination
Article 17
Retrenchment
Article 18 CSU-AAUP
Rights
Article 19
Rights & Responsibilities of the Board of Trustees
Article 20 CSU-AAUP Dues,
Agency Shop Fee & Checkoff
Article 21 Meet &
Discuss
Article 22
Separability
Article 23 Minimum
Terms
Article 24
Successorship Provision
Article 25 Term of
Agreement
Article
26 Distribution of Agreement
Appendix A Letters of
Appointment/Termination Before Tenure
Appendix B Letter of
Tenure
Appendix C
Connecticut State University CSU-AAUP Grievance Form
Appendix D Part-Time Faculty
Appointment Letter
Appendix E Approved
University Computer Use Policy
Appendix F Affirmative
Action, Non Discrimination Complaint Procedure Elements
Appendix G Side Letter
Concerning Article 10.8 - Part-Time Ratio
Appendix H Side Letter
Concerning Article 9.4.4 - Electronic Mail
Appendix I
Negotiators
Index
Except as indicated herein, the between Connecticut State University American Association of University Professors and the Board of Trustees for Connecticut State University System effective August 23, 2002, through August 24, 2006, will continue in full force and effect.
This agreement is made and entered into as of August 23, 2002, by and between Connecticut State University American Association of University Professors, Inc., an employee association within the meaning of Secs. 5-270 - 5-280 CGS, and the Board of Trustees for Connecticut State University, an employer within the meaning of Secs. 5-270 - 5-280 CGS, as follows:
The intent of the parties hereto in carrying out their responsibilities to negotiate the terms and conditions of employment of members of the bargaining unit is to promote the quality and effectiveness of education in Connecticut State University and to maintain high standards of academic excellence in all phases of instruction, research and service. The parties concur these objectives are facilitated by amicable adjustment of matters of mutual interest. It is recognized by the parties that mutual benefits are to be derived from continual improvement in Connecticut State University, and that participation of faculty and professional employees in the formulation of policies under which they provide their services is educationally sound.
While Connecticut State University-AAUP (hereinafter CSU-AAUP), as the elected bargaining agent, retains the exclusive right to negotiate and reach agreement on terms and conditions of employment for the members of the bargaining unit, and the Board of Trustees (hereinafter the Board), retains the rights, under law, to manage and direct Connecticut State University, the parties recognize the desirability of a collegial governance system for faculty and professional employees in areas of academic concern. It is desirable that the collegial system of governance be maintained and strengthened throughout Connecticut State University. In such a collegial system, the faculty of departments, and other units should play an active and responsible role in academic matters, including significant involvement in the recruitment of new faculty and professional employees, the development of high quality programs, and other matters of professional concern. The collegial relationship is most effective when peers work critically together to carry out their duties in the most professional manner possible.
Collegiality in academic governance on each campus of Connecticut State University can best be accomplished through Senates selected by representatives of the appropriate campus constituencies in accordance with each institution's constitution and tradition. Matters of concern to the Senate include: (a) curriculum policy and curricular structure, (b) requirements for degrees and granting of degrees, (c) policies for recruitment, admission and retention of students, (d) academic policies relating to students, and (e) other matters of campus community concern.
This preamble is a statement of intent and is not subject to grievance arbitration.
(also called "EMPLOYER") The Board of Trustees for Connecticut State University.
1.2 Connecticut State University
(also called "CSU," or "EMPLOYER") The following universities, individually and collectively: Central Connecticut State University, Eastern Connecticut State University, Southern Connecticut State University, and Western Connecticut State University including any branches, divisions, subdivisions, or laboratory schools.
Denotes each of the particular universities within Connecticut State University except where "Connecticut State University" as a whole is specifically cited.
The Board together with its executive officers and professional staff, including but not limited to the Chancellor, Presidents, Vice Presidents, and Deans, and all such other management personnel, as defined in Secs. 5-270 - 5-280 CGS, provided that it shall not include department Chairpersons, academic Division Directors or academic Program Directors.
The Chief Executive Officer of the Connecticut State University System.
The President of any of the particular universities within Connecticut State University.
The unit of teaching and professional employees of Connecticut State University as described more fully in Article 2 of this Agreement.
1.5 Connecticut State University American Association Of University Professors or CSU-AAUP
(Hereinafter referred to as "CSU-AAUP".) The exclusive representative of the employees in the bargaining unit, pursuant to certification by the Connecticut State Board of Labor Relations.
1.6 Members or Members of the Bargaining Unit
Unless expressly specified otherwise, these terms are interchangeable and shall refer to the following employees of Connecticut State University:
1.6.1 Full-time Teaching Members or Full-time Teaching Faculty
Those employees of Connecticut State University who are employed for a semester and who earn more than eight (8) load credits or who teach more than two (2) courses for a total of more than six (6) load credits and whose function consists primarily of (but shall not be limited to) teaching, research or other scholarly activity.
1.6.2 Part-time Teaching Members or Part-time Teaching Faculty
Those employees of Connecticut State University who are employed for at least six (6) days in a semester and who earn six (6) or fewer load credits or who teach no more than two (2) courses for a total of eight (8) or fewer load credits and whose function consists primarily of (but shall not be limited to) teaching, research or other scholarly activity.
1.6.3 Full-time Counselors or Full-time Counseling Faculty
Those employees of Connecticut State University who are employed for at least six (6) days during a half work year and who are employed for at least twenty (20) hours a week and for at least a 198 work day work year, and whose function consists primarily of (but shall not be limited to) service as counselors.
1.6.4 Part-time Counselors Or Part-time Counseling Faculty
Those employees of Connecticut State University who are employed for at least six (6) days during a half work year and who are employed for less than twenty (20) hours a week and whose function consists primarily of (but shall not be limited to) service as counselors.
1.6.5 Full-time Librarians or Full-time Library Faculty
Those employees of Connecticut State University who are employed for at least six (6) days during a half work year and who are employed for at least twenty (20) hours a week and for at least a ten (10) month work year, and whose function consists primarily of (but shall not be limited to) service as librarians.
1.6.6 Part-time Librarians or Part-time Library Faculty
Those employees of Connecticut State University who are employed for at least six (6) days during a half work year and who are employed for less than twenty (20) hours a week and whose function consists primarily of (but shall not be limited to) service as librarians.
1.6.7 Full-time Coaches And Non-Instructional Athletic Trainers
Those employees of Connecticut State University who are employed for a four (4) month period of time and who earn more than eight (8) load credits during said four (4) months and whose function consists primarily of service as coaches or non-instructional athletic trainers.
1.6.8 Part-time Coaches And Non Instructional Athletic Trainers
Those employees of Connecticut State University who are employed for at least six (6) days in a four month period of time and who earn eight (8) or fewer load credits in a four (4) month period, or an additional two (2) load credits per month not to exceed twelve (12) load credits in a six (6) month period, and whose function consists primarily of service as coaches or non-instructional athletic trainers.
Those members identified in Articles 1.6.1 or 1.6.3 or 1.6.5 or 1.6.7.
Those full-time members who, by mutual agreement, have a continuing workload which is a fraction of a normal continuing workload for members of their classification. Such members shall be accorded benefits under this agreement prorated as is currently the practice in the spring semester, 2002.
Those members identified in Articles 1.6.2 or 1.6.4 or 1.6.6 or 1.6.8.
1.7 Years of Service for Full-time Members
The number of work years of employment in Connecticut State University. (See Articles 6.2.2, 7.6, 8.7, and 10.1.)
1.7.1 Employment of teaching faculty for one-half (1/2) of a semester or more shall be considered a half-year of service.
1.7.2 Employment of Librarians and Counselors for one-quarter (1/4) of a work year or more, but less than a one-half (1/2) of a work year shall be considered a half-year of service.
Unless specified to the contrary elsewhere in this Agreement, time spent on any paid leave of absence shall be deemed continuous service.
Unless specified to the contrary elsewhere in this Agreement, the following rules shall apply:
The masculine, feminine, and neuter gender as used in this Agreement import one another, and the singular shall include the plural whenever applicable.
1.8.2 Application of Agreement
Provisions of this Agreement shall apply to all members of the bargaining unit, unless specified to apply only to certain members of the bargaining unit.
Headings and captions are used in this Agreement for purposes of convenience only and do not carry substantive meaning.
To seek opinion or advice of another, to discuss and exchange views concerning the matter about which advice was sought.
Wherever this agreement requires notice or notification, except in Article 16 (see Article 16.3.4), such requirement shall be met by serving notice on or before the date specified by certified, return receipt requested mail or hand delivery.
The Board hereby recognizes the CSU-AAUP, pursuant to certification by the Connecticut State Board of Labor Relations in case nos. SE-3271, SE-3272, SE-3334, and SE-7671, as the exclusive bargaining representative for the members of the Faculty Bargaining Unit of Connecticut State University for all matters of collective bargaining as set forth in Secs. 5-270 - 5-280 CGS. The bargaining unit shall consist of all full-time and part-time faculty, including department Chairpersons, Academic Division Directors and Interdisciplinary Program Directors, academic researchers, coaches, athletic trainers, librarians and counselors, and exclude all Deans, Vice Presidents, all other managerial and confidential personnel pursuant to Secs. 5-270 - 5-280 CGS, and all other employees.
3.1 The Board of Trustees and the CSU-AAUP agree that no member of the bargaining unit shall be discriminated against in violation of federal or state statutes, nor on the basis of characteristics or conditions including age, race, religion, gender, sexual orientation, disability, or ethnic or cultural origin, nor with respect to any legal behavior not detrimental to the students or other members of the university community.
3.2 The parties are committed to positive and aggressive affirmative action programs. The function of hiring searches is to maintain objectivity and use all available information in a balanced manner that identifies the best available candidates. Hence, search committees are specifically obligated to apply principles of affirmative action in their consideration of candidate selection.
3.3 Allegations of violations of Article 3.1 shall be processed exclusively through the Affirmative Action/Non-discrimination Complaint Procedures and are not covered by Article 15 (Grievance Procedure) of this Agreement. Such procedures shall include the elements identified in Appendix F. The parties agree to review procedures currently part of affirmative action plans and procedures addressing acts of intolerance and to recommend revisions as necessary.
3.4 Minority Recruitment and Retention Program
The parties to this Agreement recognize the compelling and continuing need to recruit and retain bargaining unit members who are members of minority and other protected groups. The following affirmative action program is adopted for the purpose of increasing the number of such full-time members.
3.4.1 Minority Recruitment and Retention Committee
The University President with the advice and consent of the AAUP Chapter President and consultation with the Director of Affirmative Action shall appoint a Minority Recruitment and Retention Committee. At least two committee members shall be members of minority or other protected groups. The Director of Affirmative Action shall be an ex-officio member of this committee.
3.4.2 The committee shall be charged with the responsibility of assisting search committees to recruit members of minorities and other protected groups; to assist the university in retaining such members; and to engage in such other actions as will effectuate the above purposes including the possibility of travel, mentoring, support for obtaining appropriate credentials, etc. When mentoring is arranged and if the committee so recommends, a mentor may be provided one (1) load credit per semester for this purpose. During the life of this Agreement, no campus committee may recommend more than one (1) load credit per one-hundred (100) full-time members or fraction thereof during any semester.
3.4.3 When direct support for obtaining credentials or other qualifications is provided to any full-time member, it shall be part of an individual agreement prescribing the support accepted by the member and specifying any conditions, including continuation of future service, placed on said support. Such agreements shall require the written agreement of the member, recommendation of the President and approval of the Chancellor or designee. A copy shall be sent to CSU-AAUP.
3.4.4 Minority Recruitment and Retention Funds
Funding for this program shall be governed by Article 12.10.3. Unexpended funds appropriated pursuant to this Article shall carry forward from year to year and be available for expenditure for these purposes until exhausted.
Funds may be used for any incidental expenses directly related to recruiting, assisting and retaining minority full-time members until the final tenure decision. The Minority Recruitment and Retention Committee shall be responsible for recommending the expenditure of funds. Funds may not be used for any salary payment or stipend to CSU personnel. Distribution of funds shall be made to each campus in proportion to campus full-time membership.
4.1 It is recognized by the parties to this Agreement that the essential excellence of the universities is dependent upon maintaining an atmosphere of academic freedom and professional responsibility. To that end, there shall continue in the universities during the term of this Agreement a system of academic tenure, as described below, applicable to all full-time members of the bargaining unit. It is recognized that tenure is granted for the purpose of protecting and nurturing academic freedom and is not a shield for incompetence or failure to perform duties properly assigned. Although no specific tenure quotas are mandated in the universities, the parties recognize that to maintain an effective tenure system and institutional flexibility, tenure is awarded with great care, and is predicated upon departmental goals consistent with long range institutional needs and plans.
4.1.1 It is recognized by the parties to this Agreement that membership in the academic profession carries with it special responsibilities. The Statement on Professional Ethics1 that follows, necessarily presented in terms of the ideal, sets forth those general standards that serve as a reminder of the variety of obligations assumed by all members of the profession.
1Citing, without incorporating by reference, AAUP Policy Documents and Reports, 1995, pp. 105-106.
4.1.1.1 Professors, guided by deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end they devote their energies to developing and improving scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although they may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry. As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly standards of their disciplines. They demonstrate respect for the student as an individual, and adhere to their proper role as intellectual guides and counselors. They make every reasonable effort to foster honest academic conduct and to assure that their evaluation of students reflects true merit. They respect the confidential nature of the relationship between professor and student. They avoid any exploitation of students for their private advantage and acknowledge significant assistance from them. They protect the students' academic freedom.
As colleagues, professors have obligations that derive from common membership in the community of scholars. They respect and defend the free inquiry of their associates. In the exchange of criticism and ideas they show due respect for the opinions of others. They acknowledge their academic debts and strive to be objective in their professional judgment of colleagues. They accept their share of faculty responsibilities for the governance of their institution.
As members of their institution, professors seek above all to be effective teachers and scholars. Although they observe the stated regulations of the institution, provided they do not contravene academic freedom, they maintain their right to criticize and seek revision. They determine the amount and character of the work they do outside their institution with due regard to their paramount responsibilities within it (see Articles 10.13 and 10.14). When considering the interruption of their services, they recognize the effect of their decisions upon the program of the institution and inform the institution of their intentions.
As members of their community, professors have the rights and obligations of all citizens. They measure the urgency of these obligations in light of their responsibilities to their subjects, their students, their profession, and their institution. When they speak or act as private persons, they avoid creating the impression that they speak or act for their university. As citizens engaged in a profession that depends upon freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.
The parties to this Agreement subscribe to the following principles of academic freedom2:
2As referred to in the 1940 AAUP Statement of Academic Freedom and Tenure. This footnote does not incorporate by reference the 1940 Statement and the Interpretive Comments thereto.
4.2.1 All members of the bargaining unit are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. Freedom in research is fundamental to the advancement of truth. Members are also entitled to freedom in the classroom in discussing their assigned subjects. Members participate as representatives of a learned profession, of an educational institution and of society at large. When they speak or write as members of society, they are free from institutional censorship or discipline, but their special position in the community imposes special obligations. As persons of learning and educational leaders, they should remember that the public may judge their profession and their institution by their utterances. Hence, they should exercise appropriate restraint, show respect for the opinions of others, and make every effort, where appropriate, to indicate that they do not speak for Connecticut State University.
4.2.2 The parties to this Agreement subscribe to the following additional principles of academic freedom:
4.2.2.1 All members when teaching shall have professional freedom to conduct their courses, provided that the subject matter is that which has been specified by the University and the appropriate department.
4.2.2.2 The determination of grades is the responsibility of the instructor of the course. A corollary of this responsibility is the duty of instructors to submit grades to the University Registrar within prescribed time limits. In no case shall an instructor be required to submit final grades in less than three (3) working days from the date of the last scheduled final exam. A grade shall be changed only with the consent of the instructor of the course and with the approval of the appropriate Academic Vice President or Dean, except that, in cases of absence of the instructor or of a palpable injustice, the appropriate method of adjusting grades established by the Senate in each university, in agreement with the President, shall be followed. If a grade is changed, the instructor shall be notified whenever possible.
4.2.3 Claims of Violation of Academic Freedom
The following procedure shall constitute the sole and exclusive method for processing claims of violations of academic freedom:
4.2.3.1 Academic Freedom Panel
Within thirty (30) days of the effective date of this Agreement, the Administration and CSU-AAUP shall each name four (4) representatives (one from each campus) to act on academic freedom matters. The two representatives on each campus shall constitute the Academic Freedom Panel which shall be responsible for the implementation of Article 4.2.3.2.
4.2.3.2 Allegations of violation of academic freedom shall be framed with reasonable particularity, signed, and dated, by the complainant and further indicate whether the complainant or CSU-AAUP shall represent the complainant. Allegations of violation of academic freedom shall be filed with the two campus members of the Academic Freedom Panel within thirty (30) days of the incident giving rise to the allegation. The campus panel members shall provide copies of the allegations and attachments to persons named as respondents to the complaint. The Panel shall mediate and investigate the complaint in order to effect a mutually acceptable resolution to the matter. Within thirty (30) days of receipt of the complaint, the Panel shall issue written findings and may offer a written recommendation to the complainant and the respondents. These parties shall have fifteen (15) days from receipt of the findings/recommendation of the Academic Freedom Panel to agree to any recommendation by so notifying the Panel in writing. If either party fails to agree, the complainant may initiate further action by forwarding the complaint within seven (7) additional days to the CSU-AAUP President and the Chancellor or designee who shall also obtain a copy of the findings and any recommendation.
When the above time limits fall within intersession, during weeks when classes are not in session or outside the member's work year, an initial written request for extension by the complainants, the Panel or the respondents, if any, shall be granted automatically for up to four (4) weeks or until classes have been in session two (2) weeks, whichever occurs first.
4.2.3.3 Academic Freedom Committee
The CSU-AAUP President and the CSU Chancellor shall jointly convene an Academic Freedom Committee within twenty-eight (28) days of receipt of the complaint and shall provide them with the Panel findings and any recommendation. This Committee shall consist of those individuals identified in Article 4.2.3.1 who are not employed at the University from which the allegation arises.
4.2.3.4 At any point in its deliberations, the committee may decide to seek the advice of an expert. If the committee is deadlocked, it shall call upon an expert, who shall advise the Committee, and/or cast the deciding vote if the deadlock cannot be resolved by the Committee members. If an expert is needed, the Committee shall call upon the co-conveners to select one of the following experts:
William Berlinghoff
Julius Getman
Walter Metzger
John
Moon
Carol Simpson Stern
Victor Stone
Judith J. Thomson
The selection method shall be as follows: The two co-conveners shall alternately strike one name from the list of experts, until only one name remains; a toss of a coin shall determine who strikes the first name. In the event the expert selected by this process is not available within thirty (30) calendar days, the expert who was stricken last shall be sought. Any costs incurred by the Committee pursuant to resolving an academic freedom allegation shall be divided equally between CSU-AAUP and the Board except when the complainant chooses self representation. In such a case, costs shall be divided equally between complainant and the Board.
4.2.3.5 The Committee shall solicit and be provided with relevant information. Such information shall be offered to the Committee subject to the rule of relevancy as determined by the Committee. A hearing may be conducted by the Committee at its own discretion. Within sixty (60) days of filing at the CSU level, unless an extension is ordered by the Committee with the consent of the co-conveners, a written decision shall be rendered to the affected individuals, CSU-AAUP, and the Administration.
4.2.3.6 The Committee shall have the power to adjudicate substantive issues and to direct a remedy. A remedy may not be retroactive beyond the date of the incident that gave rise to the violation. The Committee's decision shall be final and binding upon all parties.
4.3 Tenure shall be defined as the right of a member currently holding tenure or the right of an eligible member to continuous employment in the member's university, which may be terminated only for causes as cited in Article 16 or upon reaching retirement. Tenure applies only to full-time members.
The award of tenure shall be selective and conditioned upon positive recommendation through the review process described in Article 4.11 and predicated upon departmental goals consistent with institutional plans and needs. Under the circumstances where a President believes the negative recommendation of a member constitutes an extraordinary injustice, the President may recommend tenure. The probationary period (full-time service prior to the acquisition of tenure) shall not exceed seven (7) years of service in the university provided that all seven (7) years fall within the same ten (10) year period.
4.4.1 Prior service on special appointment at one of the universities shall be applied to the probationary period at that university.
4.4.2 Up to three years' full-time service in other accredited colleges and universities may be applied toward the probationary period by written agreement of the concerned parties at the time of the member's initial appointment, or not later than the end of the first semester of a member's probationary service. Such credit for prior service shall not affect notice requirements under Article 4.9.
4.4.3 Notice of award of tenure shall be made in writing by letter described in Appendix B of this Agreement.
4.4.4 When a tenured member leaves the bargaining unit for any other non-management position within the University, conditions of return, if any, shall require consultation with the department and written agreement of member, CSU-AAUP and the Board. Any resulting agreement shall prevail over the provisions of any future CSU-AAUP Agreement.
Tenured members of the bargaining unit appointed to administrative positions (Deans or above) shall retain tenure rights.
The purpose of the system of tenure is the protection of academic freedom. It remains incumbent upon the member to maintain and improve professional competence, professional growth, and the excellence which occasioned the grant of tenure to the member. To that end, professional evaluations shall be an integral part of the maintenance and improvement of professional competence, growth and excellence. Consistent with the above, sabbatic and other forms of leave shall be granted as provided under the terms of this Agreement.
It is recognized that an occasion may arise where it becomes mutually desirable and necessary to facilitate the tenured member's acquisition of new skills in order to meet the changing needs of Connecticut State University. Institutional tenure shall not be a bar to temporary exchange of faculty between universities, if the member(s) so agree(s) and the universities so consent. Nothing in this Agreement shall prevent the transfer of a member from one university of the system to another university in the system, if the member so agrees, the University so consents and the departments involved are consulted. No member may be transferred to another university in the system if such a transfer would result in the involuntary separation of a member in the receiving university. A tenured member who is offered and accepts a teaching position in another university in the system shall receive tenure in the new university. The parties recognize that a university is placed under no obligation by these provisions to receive a member previously employed in another university in the system.
4.6 Assignment of Courses to Part-time Members
Following review of departmental recommendations, the President or designee shall appoint part-time members with no prior employment at the particular university to a part-time classification.
The parties recognize that part-time members have no guarantee of continuing employment. Part-time members shall be assigned to available courses depending upon the department chairperson's determination of credentials, experience, and teaching merit. When the chair determines that part-time members have similar credentials, experience and teaching merit, the chair shall recommend for appointment the person with the greatest length of service in the department. Following the chair's determination based upon the above criteria, appointment shall be recommended to the dean for approval.
The terms and conditions of every appointment to a full-time position within the University shall be contained in the letter of appointment, which shall follow the format in Appendix A of this Agreement. A copy of the letter of appointment shall be supplied to the member for signature of acceptance and consent, a copy placed in the member's personnel file (see Article 4.14), and a copy sent to the member's department. Any subsequent extensions or modifications of such appointment, other than with respect to changes in the Collective Bargaining Agreement as negotiated between the parties to this Agreement, agreed upon between the member and Administration after consultation with the department, and any special understanding between the University and the member shall be stated or confirmed in writing, and a copy shall be supplied to the member, a copy placed in the member's personnel file and a copy provided to the member's department. Special conditions of employment are those pertaining to obtaining of degrees and other credentials and explanations of work assignments. A letter of appointment also may highlight contractual provisions provided such reference shall be consistent with this Agreement. Any appointment letter or any extension or modification thereto shall be made available to CSU-AAUP upon request.
It shall be the obligation of each newly employed member of the bargaining unit to provide all necessary documents relevant to initial employment by reasonable dates agreed to at the time of employment.
4.7.1 A good faith effort shall be made by all parties to inform part-time members of their employment at the earliest reasonable opportunity. An employment form incorporating their assignment shall be signed by the member and appropriate university officer at the earliest reasonable opportunity and in no event later than the second week of assigned duties. A copy of this Agreement shall be distributed to each new part-time member with the employment form. (See Appendix D)
All full-time appointments within the bargaining unit at each university shall be of four (4) types: regular (see Article 4.8.1), special (see Article 4.8.2), final (see Article 4.8.3) and defined term (see Article 4.8.4). All regular appointments shall be of two (2) types: probationary (see Article 4.8.1.1) and tenured (see Article 4.8.1.2).
4.8.1.1 Initial and subsequent probationary appointments shall be for not less than one (1) year nor more than three (3) years through the sixth (6th) year of service.
4.8.1.2 A tenured appointment shall be given upon completion of not more than seven (7) years of full-time service (see Article 4.4).
Special appointments shall be for one (1) of four (4) purposes: (a) to bring to the campus personnel with unusual knowledge, artistry or exceptional merit, (b) to replace a full-time member on leave, (c) emergency appointment prior to a successful affirmative action search, or (d) appointment to a temporary grant- or contract-funded position. A special appointment carries no expectation of renewal beyond the term specified but may be renewed or repeated provided that the total duration of the appointment shall not exceed two (2) of any six (6) years in cases (a), (b) or (c). When a special appointment is renewed, service shall be deemed continuous. The letter of appointment shall specify the purpose for which the appointment is made and shall include the phrase, "this is a special appointment pursuant to the current collective bargaining agreement."
A final appointment shall be made subsequent to a decision to discontinue a member on regular appointment in the second (2nd) through fifth (5th) year of service, or subsequent to a negative tenure decision in the sixth (6th) year of credited service. Such appointment shall be for one (1) year and may be given only in this situation. The letter of appointment shall include the statement, "this is a final appointment pursuant to the current collective bargaining agreement carrying with it no expectation of reappointment."
4.8.4 Defined Term Appointments
A defined term appointment shall be for a period of not more than five (5) years and normally not less than one (1) year; such an appointment carries no expectation of renewal beyond the term specified, but may be renewed and is subject to the provisions of Article 6.2.2. When defined term appointments are renewed for an additional term, service shall be deemed continuous. Defined term appointments shall be used only for full-time coaches and non-instructional athletic trainers (See Article 6).
4.9 Standards of Notice for Renewal and Denial of Tenure
Full-time regular appointments of the first six (6) years shall be deemed continued for the succeeding academic year beyond the term of appointment unless proper notice of non-renewal has been given to the member as prescribed below.
4.9.1 Full-time members of the bargaining unit who are on an initial one (1) year appointment shall be notified in writing of non-renewal on or before March 1, or for starting dates other than the beginning of the fall semester; written notice of non-renewal will be given not later than three (3) calendar months prior to the termination date of the appointment.
4.9.2 Full-time members who have completed one or more years of service shall be notified in writing of non-renewal, including the denial of tenure if appropriate, on or before May 31 of the year preceding the contract expiration or for other starting dates, at least twelve (12) calendar months notice shall be given. A full-time member in the sixth year of employment who does not receive a notice of denial of tenure as specified in this section shall be deemed to have been awarded tenure.
4.9.3 Full-time members who provide less than sixty (60) days notice of resignation or retirement will forfeit two weeks pay unless they have a bona fide medical emergency or receive express written agreement of the President to waive this provision. Full-time teaching members and counselors, shall provide such notice at least 60 days prior to the start of the semester and the effective date shall not fall within a semester. Full-time coaches shall provide such notice at least sixty (60) days prior to the commencement of the season and the effective date shall not fall within the season.
4.10 Faculty and Presidential Responsibilities
The parties recognize that scholars have a particular responsibility to exercise their expertise in a particular field or activity and to judge the work of their colleagues. In the exercise of such expertise it is implicit that responsibility exists for both adverse and favorable judgments. In the areas of appointments, reappointments, decisions not to reappoint, promotions, the granting of tenure, and dismissal, the exercise of faculty judgment through faculty personnel committees is essential to the pursuit and fulfillment of the goal of academic excellence.
It is recognized that the President has the particular responsibility for the proper allocation of resources within the University and the effective use of the facilities and personnel available. The President is the chief planning officer of the institution and has a special obligation to innovate, initiate and revitalize. The President may at times be required, working within the concept of tenure, to identify and to solve problems of obsolescence. In reallocating personnel and resources to solve these problems, the President will necessarily utilize the judgments of faculty, but in the interest of academic standards, the President may also seek outside evaluations by scholars of acknowledged competence.
4.11 Evaluation of Full-time Members for Renewal, Tenure and Promotion (See Table 1)
There shall be only one (1) evaluation procedure leading to recommendations regarding promotion, tenure and renewal of full-time members as follows: in accordance with procedures developed by the Senate and approved by the President in an expeditious manner, evaluations of teaching members shall be conducted by the Department Evaluation Committee (DEC) of which the Department Chairperson may be a member, ex-officio, and by the University-wide Promotion and Tenure Committee.
Department chairpersons who are not members of the DEC shall submit a separate evaluation which may either be submitted to the DEC for its deliberations or, if so determined by the Senate, submitted as a separate document added to the DEC's evaluation forwarded to the appropriate Dean. In no case, however, shall a department Chairperson being considered for promotion participate in the promotion evaluation process; being considered for tenure participate in the tenure evaluation process; or being considered for renewal participate in the renewal evaluation process. A copy of any DEC evaluation and recommendation with supporting reasons shall be given to the member upon issuance. Senate procedures developed pursuant to this article shall satisfy each of the minimum standards set forth in Article 4.11 and may not be inconsistent with this Agreement. Copies of such procedures shall be given to the CSU-AAUP, the administration and all full-time members.
Annually the Chief Personnel Officer shall provide computer-generated reports to assist department evaluation committees in determination of member eligibility for renewal, promotion, tenure and related personnel actions.
Each full-time member on an initial probationary appointment shall receive written evaluation of performance and a corresponding recommendation during the second (2nd) semester of service (after completing a full semester of service) in accordance with the schedule specified in Article 4.11.
Thereafter, there shall be an annual written evaluation and recommendation as required by the term of the appointment, unless the member has previously received timely notice of non-renewal or is on a final appointment (see Article 4.9), or has resigned effective prior to or at the end of an appointment. The format for these evaluations shall be proposed by the Senate and approved by the President.
4.11.2.1 Evaluation for Tenure
A full-time member may be considered for tenure in any year of the probationary period if the member so requests. Denial of tenure prior to the sixth (6th) year of service shall not prejudice subsequent applications for tenure and in no case shall be construed as a ground for termination of employment, but the evaluatory material shall be available as part of the record. The DEC must evaluate a non-tenured full-time member for tenure in the member's sixth (6th) year of credited service. Evaluations shall be completed and all recommendations shall be forwarded to the President in accordance with the schedule in Table 1. The President shall notify the affected member of the Board of Trustees' tenure decision by the appropriate date specified in Table 1.
| 1st Year Renewals | 2nd or Later Year Renewals | Penultimate-Year Tenure Candidates5 | Promotion | Professional Assessment | ||||
|---|---|---|---|---|---|---|---|---|
| Appointed in: | August | January | August | January | August | January | All | Art 4.12 |
| DEC receives (See 4.11.1) and reviews records and notifies members who meet promotion standards or otherwise must be evaluated. | Jan 20 | Sep 15 | Mar 1 | Sep 15 | Sep 15 | Sep 15 | Sep 15 | Sep 15 |
| Candidate informs the department Chairperson and DEC Chairperson in writing of desire to be considered for promotion. | NA | NA | NA | NA | NA | NA | Sep 25 | NA |
| DEC Chairperson informs candidates in writing of evaluation process (See Article 4.11.5). | Feb 1 | Oct 1 | Mar 15 | Oct 1 | Oct 1 | Sep 20 | Oct 1 | Oct 1 |
| Candidate submits relevant materials for consideration to the DEC. | Feb 10 | Oct 10 | Mar 30 | Oct 20 | Oct 20 | Oct 10 | Oct 20 | Nov 1 |
| DEC submits evaluations and appropriate recommendations to the Dean. | Feb 20 | Oct 20 | Apr 15 | Nov 15 | Nov 15 | Nov 1 | Nov 15 | Dec 1 |
| Dean submits recommendations. | Feb 25 | Oct 25 | May 1 | Dec 1 | Dec 15 | Nov 10 | Dec 15 | Jan 1 |
| University-wide Promotion and Tenure Committee submits recommendations to the President | NA | NA | NA | NA | Mar 5 | Nov 25 | Mar 5 | NA |
| President takes required action and informs candidate. | Mar 1 | Nov 1 | May 31 | Dec 31 | Apr 15 | Nov 30 | Apr 15 | Feb 1 |
| Board awards tenure/promotions. | NA | NA | NA | NA | May 31 | Dec 31 | May 15 | NA |
3The evaluation schedule for those members who are not appointed at the beginning of a semester shall follow the evaluation schedule of members employed at the beginning of the semester closest to their appointment date.
4If any of the dates above fall on a weekend or holiday, the deadline shall be the close of business on the business day preceding the date listed.
5All early tenure consideration follows timetable for August appointments.
4.11.3 Evaluation for Promotion
On the basis of available information, by September 15 of each year, the DEC shall inform any full-time members of their department who meet the standards specified for promotion (see Articles 5.3.1 - 5.3.4). A member wishing to be considered for promotion shall so indicate in writing by September 25, to the Department Chairperson and the DEC Chairperson. In addition, a promotion recommendation for an eligible member may be initiated by the DEC (see also Article 5.3.5). A member may withdraw after the commencement of the promotion process and shall thereby waive all claims for that year.
The membership of the DEC shall include only tenured members of the department. If in the judgment of the President, this provision works a hardship on a department, the Senate in agreement with the President shall determine procedures for resolving the problem, but in no case shall persons under consideration for promotion serve on the DEC during any deliberations on promotion.
4.11.5 The evaluation schedule for those full-time members who are not appointed at the beginning of a semester shall follow the evaluation schedule of full-time members employed at the beginning of the semester closest to their appointment date. By the appropriate date specified in Article 4.11, the DEC chairperson shall inform in writing each full-time member to be evaluated of (1) the fact and purpose of the evaluation, (2) the opportunity to submit material to the DEC, and (3) the opportunity to appear personally before the DEC prior to the DEC's recommendation.
4.11.6 By October 1 of each academic year the President or designee shall make available to the DEC the personnel file of those full-time members to be evaluated subject to the provisions of Article 4.14.2.
4.11.7 In making its peer evaluations for renewal, promotion, and tenure the DEC shall consider all materials supplied by the candidate and may solicit additional information pertinent to the categories of evaluation. Peer review through observation of load credit activity should normally be a part of evaluations, especially in pre-tenure evaluations. For full-time members who are engaged in classroom teaching, the DEC shall obtain and use the data from a written student survey instrument. For full-time members who are engaged in other duties or have assignments in more than one department, the DEC shall seek and use appropriate information relating to all elements of the member's duties.
The practice of conducting student opinion surveys of teaching faculty (see Article 4.11.7) shall be continued using evaluation instruments and a procedure for administering them that are designed or approved by the department. The procedure for administering the surveys, including a statement governing collection, routing, and disposition, shall include the requirements that:
(1) The evaluation shall be administered by a third party; and
(2) Students shall be apprised of the survey process and assured the completed survey will not be viewed by the instructor until all grades have been posted.
It is understood that members may use evaluation forms in addition to the approved instrument.
4.11.9 Evaluation Criterion and Categories for Full-time Teaching Faculty
It is recognized that faculty work outside specific requirements identified in this Agreement by maintaining and updating professional skills through activities such as review of professional journals, participation in curricular revisions, course updating, pursuit of research, publication and other scholarly activities.
The criterion for evaluating and recommending full-time teaching faculty shall be the quality of activity, including keeping current in one's field, within each of the categories listed below (Articles 4.11.9.1 - 4.11.9.5). All individuals and bodies evaluating members shall weight these categories in the order listed. Any special conditions in the member's letter of appointment or subsequent extensions or modifications of such appointment as provided in Article 4.7 shall be considered in the evaluation process for renewal, promotion or tenure. (See Article 6.8-Coaches Evaluation Criterion; Article 6.9-Non-Instructional Athletic Trainer Evaluation Criterion; Article 7.3-Counselor Evaluation Criterion; and Article 8.3-Librarian Evalution Criterion.)
4.11.9.1 Load credit activity for which the member receives load credit or the equivalent, e.g. one or more of the following: teaching, coaching, counseling, department chairperson, division director, library service, research, student supervision, or any other function specified in the letter of appointment or subsequent extension or modifications of such appointment (see Article 4.7), or identified in a letter of agreement (see Article 10.4).
4.11.9.2 Creative activity appropriate to one's field, such as delivering papers at professional conferences, production/performance of artistic works, research, study, and publication.
4.11.9.3 Productive service to the department and university.
4.11.9.4 Professional activity, such as attendance and participation in conferences and workshops, membership and service in appropriate professional organizations and other professional activities.
4.11.10 Following deliberations the DEC shall make a written evaluation and recommendation with supporting reasons based on the above criterion. Each recommendation shall be signed by all members of the DEC. If a DEC member elects to write a minority report, it shall be appended to the Committee report. A copy of the DEC's recommendation including supporting reasons shall be sent to the affected member upon issuance and a copy shall be placed in the member's personnel file.
4.11.11 By the appropriate date specified in Table 1, the DEC shall transmit its written evaluation and recommendations with supporting reasons to the appropriate academic dean, together with all materials submitted to and considered by the DEC (see Articles 4.14.1, 4.14.2.7, and 4.14.2.8).
4.11.12 By the appropriate date specified in Table 1, the appropriate academic dean shall review and consider all of the material submitted and make a recommendation based primarily on that material. Copies of any other material shall be provided to the evaluee and the members of the DEC. A copy of the Dean's recommendation shall be sent to the affected member upon issuance and a copy placed in the member's personnel file. Recommendations for tenure and/or promotion, along with all of the previously submitted material, shall be transmitted to the University-wide Promotion and Tenure Committee. Recommendations for renewal shall be similarly transmitted to the Vice President for Academic Affairs. A copy of any vice presidential recommendation also shall be provided to the affected member.
4.11.13 Each campus shall have a promotion and tenure committee composed of members elected from among full-time members. Committee composition and procedures shall be determined in accord with local rules as specified by the senate and approved by the president except that (1) membership shall be restricted to tenured associate and full professors and (2) no more than two members from an academic department shall serve on the committee in any given academic year.
Any member being considered for promotion or tenure shall be given an opportunity to appear before the committee prior to its recommendation to the President. By the appropriate date specified in Table 1, the Promotion and Tenure Committee shall make a recommendation to the President after considering all previously submitted material and recommendations. A copy of the University-wide Promotion and Tenure Committee recommendation shall be sent to the affected member upon issuance, and a copy shall be placed in the member's personnel file.
4.11.14 By the appropriate date specified in Table 1, the President shall, following consultation with the Academic Vice President, make recommendations for promotion and tenure to the Board informing the member at the same time.
A President who disagrees with the recommendation of the Promotion and Tenure Committee and who denies tenure after completion of the member's sixth (6th) year of service, shall provide the member and that committee with a written explanation. A President who disagrees with the recommendation of the Committee and recommends tenure shall provide the Committee with an explanation. The President's explanation shall be held in confidence by the Committee subject to applicable statutes.
4.11.15 By the appropriate date specified in Table 1, the Board shall announce its promotion and tenure actions and inform affected members promptly.
4.11.16 All dates specified in this section shall be accelerated when necessary to meet the standards of notice in Article 4.9.
Each tenured member shall receive one professional assessment every six (6) years unless: (a) the DEC, in an effort to assist, schedules the next assessment in less than six (6) years, or (b) the affected member requests more frequent assessment. The DEC shall honor such requests. The purpose of this assessment shall be to measure the member's teaching effectiveness, and/or primary professional function, service to the department and university, scholarship and professional activity in order to further the member's professional growth. This assessment shall be made by the DEC in accordance with procedures developed by the Senate and approved by the President pursuant to Article 5.10, and in accordance with Articles 4.11.6 - 4.11.9 of this Agreement. Professional assessments shall follow a schedule recommended by the Senate and approved by the President. A DEC may schedule an increased frequency of assessment only on the occasion of a regularly scheduled assessment. Information developed by the DEC for promotion and tenure evaluations may be used for professional assessments. Where this is the campus practice, another assessment shall not be required for six (6) years. All assessments completed by a DEC will be reviewed by the member, who shall be provided at least two (2) days to append comment before the assessment is sent to the appropriate Dean. All assessments which have been reviewed by the member will be sent promptly to the Dean along with all materials reviewed by the DEC and any comments from the member. The Academic Vice President and President will review the assessment in turn after the Dean.
Assessments reviewed by the President will be placed along with member comments in the member's personnel file. After placement of the assessment in the member's file, supporting documents will be returned to the DEC for disposal. The format for these assessments shall be proposed by the Senate and approved by the President.
The intent of a special assessment is to identify problems regarding a member's performance and, if necessary, to develop a plan to address these problems.
When the appropriate Dean or Vice President has reasonable grounds to believe there is a problem regarding a member's performance of duties, the Dean shall meet with the member, and any other appropriate individuals, in an attempt to clarify and, if necessary, rectify the situation. If, following such meeting(s), the Dean or Vice President determines that a special assessment is called for, the Dean shall meet and confer with the appropriate chairperson in the design of an appropriate evaluation, which may or may not involve the DEC, and shall inform the affected member in writing of the particulars of the scheduled evaluation. The evaluator(s) shall submit a written report of the results of the evaluation, including any recommended actions, to the Dean, the Chairperson and the affected member; such report shall be placed in the member's personnel file.
Should the evaluation report identify matters requiring remedial action, the evaluators, in consultation with and the affected member, shall develop a specific plan with a schedule of compliance, which shall be implemented. The evaluators shall provide a written copy of the plan to be implemented to the affected member, the Dean or Vice President, and the member's personnel file. If the member fails to cooperate, the matter may be remanded to the process of Article 16. In the event that the member in question is the Spokesperson or the department Chairperson, that role in the process shall be filled by the Chairperson of the DEC. Records of a special assessment and related documents shall be removed from the personnel file following the affected member's next formal evaluation, unless the Dean, in consultation with the DEC, determines otherwise.
4.14.1 Each university shall maintain one (1) confidential and complete official personnel file for each member. This file shall be accessible to the member on request. No anonymous material or annotations shall be placed in the official personnel file. No unsolicited derogatory material shall be placed in the official personnel file except pursuant to Article 4.14.2.9. Files shall contain the following: application for employment and supporting documentation; recommendations on appointment, tenure, renewal, promotion, and leaves; evaluation and assessment documents; payroll records; disciplinary actions; correspondence between the President or other administrators and the member concerning the member's employment at the University; all other relevant personnel actions; and any statement that the member wishes to enter in response to or in elaboration of any other item in the file. Personnel files shall be maintained in accordance with State-mandated retention schedules.
4.14.2 Access to and Maintenance of Files
4.14.2.1 Each university shall maintain the official personnel file for each member in a secure place. A subset of these records for payroll purposes may be kept in another location. Under normal circumstances, the official personnel file shall not be removed from the location in which it is housed.
4.14.2.2 Members shall have access to their personnel files during regular office hours. Access to these records by individuals other than the member whom they concern shall be in accordance with applicable State and Federal Statutes.
4.14.2.3 Each member's file shall contain a log of every instance of access to that file by individuals other than the President, the Chief Personnel Officer, their immediate staffs and the member.
4.14.2.4 CSU-AAUP shall have access to relevant documents from personnel files for the purpose of fulfilling its statutory responsibilities pursuant to CGS Sec. 4-190 and Secs. 5-270 through 5-280 CGS.
4.14.2.5 Upon request, a member shall be provided with a copy of any and all material in the member's file at no charge.
4.14.2.6 When a unit member obtains access to data from the member's personnel file, the member shall be provided, by the administration, with an opportunity to review Sec. 4-192 through Sec. 4-197 CGS.
4.14.2.7 Derogatory material, all evaluations and assessments, and records of disciplinary action shall be copied and a copy shall promptly be provided to the member with a notation of the date on which it was added to the file. Lengthy documents may be initialed by the member in lieu of the above provisions.
4.14.2.8 Each university shall follow a policy developed through the Senate in mutual agreement with the President governing the disposition of components of the promotion and tenure files conforming to State laws and this Agreement. Where such policies currently exist, the President, in cooperation with the Senate, shall review existing policy to assure conformity with requirements of State law and this Agreement.
4.14.2.9 A member may contest the accuracy, completeness or relevancy of unsolicited derogatory material prior to placement in the member's file by pursuing a grievance. Letters of reprimand are excluded from this provision and may be contested in accordance with the provisions of Article 16. Letters of reprimand or similar documents carrying dates of removal shall be returned to the member on request following said date.
4.14.2.10 The entire contents of personnel files shall be considered private and may not be opened to any outside scrutiny except when ordered by a court of law. When a file is requested by an outside party for any reason, the affected member shall be promptly notified and provided with a copy of the request and reason therefore.
5.1 Before making a full-time appointment to the instructional faculty (members of the Instructional Faculty bargaining unit), the President shall receive the recommendations of the affected department, and the academic Division Head or a designee who shall have consulted department or division members (see Article 3.2). Positions shall be posted with the AAUP Chapter whenever searches are initiated. A representative of the President may require the nomination of more than one candidate for any vacancy. In the absence of recommendations from the department or division head, the President may make or recommend an initial contract appointment, provided the responsible members or faculty agencies have failed to act within a reasonable period of time, or cannot act because of time limitations. Such an initial contract appointment shall be reviewed by the department and/or academic division. After receiving appropriate recommendations, the President shall decide whether to change the temporary appointment to a longer appointment as defined in Article 4.8.
5.1.1 Whenever an unclassified professional position is to be filled, the University shall make a good faith effort to promptly inform the AAUP chapter.
5.2 Full-time appointments to the bargaining unit shall fall within the following ranks:
5.3 Standards for Full-time Appointment or Promotion to Respective Ranks
Listed below are the standards which must be met for full time appointment or promotion to the respective ranks within the bargaining unit. In each case, the degree must be from a college or university regionally accredited at the time of the award of the degree.
5.3.1 Instructor, Staff Librarian, Staff Counselor
An earned master's degree appropriate to the field from an accredited college or university.
5.3.2 Assistant Professor, Assistant Librarian, Assistant Counselor
(A) An earned doctorate or a terminal degree appropriate to the field from an accredited college or university, or
(B) At least three years of full-time service in a college or university at a rank of Instructor or above, plus
1. A master's degree, plus
2. An additional full year of study above the master's level.
5.3.3 Associate Professor, Associate Librarian, Associate Counselor
An earned doctorate or a terminal degree appropriate to the field from an accredited college or university plus at least five (5) years of full-time service in a college or university in a rank of Assistant Professor or above.
5.3.4 Professor, Librarian, Counselor
An earned doctorate or a terminal degree appropriate to the field from an accredited college or university plus at least eight (8) years of full-time service in a college or university including at least five (5) years at a rank of Associate Professor or above.
A candidate who does not meet the standards of Articles 5.3.1 - 5.3.4 may also be appointed or promoted to a rank listed above provided the candidate has credentials and/or experience substantially comparable to the listed standards. A recommendation for such appointment or promotion may be initiated by the individual, the DEC or a search committee, but shall not be considered further in the absence of a positive recommendation from the departmental committee. The President, upon receipt of recommendations from departments, committees, and individuals in the appointment process, shall make the final university judgment.
5.3.6 Educational Exchange Programs
Full-time members may participate in educational exchange programs for one (1) year or less, if they, their departments and the University agree to the exchange and the replacement persons possess credentials appropriate to their assigned duties. Conference and workshop funds (Article 9.5) may be used to support a member in such an exchange.
5.4 A full-time member shall be considered for promotion pursuant to Article 4.11 provided the candidate meets the standards of appointment (Articles 5.3.1 through 5.3.4), to the new rank or has served at least ten (10) years in the current rank. Those who have served ten (10) years or more in rank must compete under the same criterion (Article 4.11.9) as all other candidates in the promotion process except for the degree requirements set forth in Articles 5.3.1 - 5.3.4. This provision does not in any way constitute an obligation to promote members who are eligible for consideration.
5.4.1 The President may, in rare instances, to avoid a tangible injustice, recommend a full-time member to the Board for promotion outside normal procedures. In such a case, the President shall provide a written explanation to the department concerned.
5.5 When a full-time member transfers to a new department, any new expectations concerning credentials to qualify for promotion shall be agreed upon between the member and administration in consultation with the receiving department, reduced to writing, and shall subsequently bind all evaluators in the promotion process.
The Board, upon the recommendation of a President and the Chancellor, may award full-time members the title, CSU Professor, provided that the member: 1) has been recommended for the honor by the President who has received the advice of a committee elected from the membership by a procedure designed by the Senate and approved by the President; 2) has been recognized by peers in the field for professional excellence.
CSU Professors shall retain their title for the duration of their service to the system and shall receive additional compensation at a rate 1.10 times their regular salaries.
Not more than four (4) CSU Professorships shall be awarded in any given year, and there shall not be more than twelve (12) in Connecticut State University nor more than three (3) in any one university at any given time.
Emeritus designation shall be bestowed upon a retiring member of the full-time faculty upon recommendation of the department and approval by the President. Emeriti shall be afforded at least the following privileges: desk space if available, university computer account, library privileges, catalog listing, a printed certificate, professional use of the title, invitations to university functions, course privileges available pursuant to Article 13.13, faculty parking privileges and inclusion on the mailing lists for all university publications.
A majority of the membership in the Senate shall be drawn from members.
The Senate shall adopt a written constitution and bylaws upon ratification by a majority of its constituency. The Senate and all university-wide standing committees shall adopt written rules of order approved by the Senate or by another process consistent with the Senate's Constitution. The Constitution and bylaws, which become effective upon Presidential approval, shall be consistent with state and national laws, and the terms of this Agreement. The Constitution and bylaws must be consistent with each other.
5.10 When the Senate makes a written recommendation to the President, the President shall acknowledge and respond to the recommendation in writing within fifteen (15) school days of receiving the Senate's recommendation.
5.11 The Senate shall adopt written Rules of Order specifying the policies, procedures and criteria governing nomination and election to university bodies under its jurisdiction or as assigned to its responsibilities by this Agreement.
Each University, under the direction of its President, shall prepare, publish and distribute to full-time faculty, and make available to part-time faculty upon request, a faculty handbook consistent with provisions of this Agreement which shall contain at least:
(A) Procedures detailing the channels of communication and decision-making among individuals, departments, committees and governing bodies.
(B) A complete and up-to-date copy of the Senate bylaws and bylaws of other university bodies.
5.13 Selection of Administrators
The Board endorses the concept of participation of full-time instructional faculty in the process of selection of academic administrators. The role of the instructional faculty in selection of an administrator should be commensurate with the legitimate faculty interest in the position.
Each teaching member shall belong to one home department. Departments of a university shall be established by the University administration with the advice of the Senate according to criteria of commonality of interest and academic purpose, without any numerical limits on size. Divisions or other major groupings of departments with some common interest may also be formed.
5.14.1 Interdisciplinary academic programs may also be established by the University Administration with the advice of the Senate following consultation with appropriate faculty bodies. Members who teach in or direct such programs shall remain members of their home departments.
5.15 Except as specifically provided in other sections of this Agreement, the academic department is the structure through which the instructional faculty shall participate in academic and personnel matters.
5.16 A department shall express its decisions by majority vote of its full-time members, except where otherwise provided by this Agreement or in the department's bylaws.
5.17 The department shall have responsibility for the content and development of courses, curriculum and programs of study within its discipline, research and service within its area, and for evaluation of the performance of all department members, subject to all other provisions of this Agreement.
5.17.1 For interdisciplinary programs, the members of the several departments involved, or those who regularly teach in the program, shall have responsibility for the content and development of the courses and curriculum of the program, unless specified otherwise in the establishment of the program. Curricular changes involving individual courses and departmental programs shall be initiated at the departmental level following procedures of review as established by the Senate and approved by the President; a similar process shall be followed for interdisciplinary courses and programs. Curricular changes involving core curricula shall be initiated in the appropriate university-wide curricular body and shall follow established procedures of that body. Program review recommended by a department, interdisciplinary program, University Curriculum Committee, Senate or any member of the University administration shall directly involve the affected department(s) or program(s) at the earliest practicable time.
5.17.2 Class size limits shall be determined on sound educational principles by the appropriate academic Dean in consultation with the department or interdisciplinary program. Under normal circumstances the department shall have primary responsibility for individual teaching assignments within the department. In establishing the departmental assignments for members who teach in interdisciplinary programs, the department chairperson shall consult with appropriate members in the interdisciplinary program. The academic department or interdisciplinary program may establish and administer policies on grading and admissions to and academic standings in its programs, providing such policies are consistent with university-wide policies established by the Senate and approved by the President.
5.18 Programmatic Adjustment and Redeployment of Resources
The administration and CSU-AAUP concur that the universities with their diversity of intellectual and professional resources offer potential for creative problem-solving through the application of the combined capabilities of members of the university community.
Both parties to this Agreement recognize that the role and importance of a department/area of study to balanced academic offerings is not accurately and properly evaluated on the sole basis of number of students studying courses in the department/area. From year to year student interests will change in both short- and long-term cycles. Successful educational programs result from a balance between guidance provided to students in the form of general educational requirements necessary to a broad educational experience on the one hand, and institutional efforts to meet current student interests and expectations on the other. The purpose of this Article is to facilitate the institutional processes necessary for study of the university structure/curriculum while student objectives and general educational programs change, during a period of steady-state staffing and budgetary constraint.
This article is not an extension of Article 17; rather its objective is to bring about the kind of prior study and change necessary to meet educational objectives without reaching the point of dislocation and hard feelings resulting from a declaration of financial exigency in the academic community.
When the President, or the Curriculum Committee in consultation with the President, suggests that a department or program merits in-depth study because of a continuing loss of student enrollment appearing to be representative of a long term trend, the President in consultation with the Senate may establish a University Commission to effectuate the purposes of this Article.
The President and the Senate shall direct the formation of a University Commission composed of two (2) full-time members elected by the Senate and familiar with curricular matters, two (2) persons appointed by the President, the Chairperson of the affected department and the appropriate academic Dean. One further member of the Commission shall be appointed by the Senate President based upon a judgment of which member of the University community would most contribute to the Commission's work.
The first meeting shall be convened within two weeks at the call of the Senate President who shall preside until the Commission elects its Chairperson who may not be the Senate President, an officer of CSU-AAUP or an officer of the campus AAUP Chapter.
The objective of the Commission shall be to study the designated area and such related areas as may be appropriate and make recommendations in writing to the President and other segments of the academic community as to what adjustments, redeployments of existing personnel, curricular changes and additional actions should be undertaken to better meet needs of the entire academic community. The Commission shall complete its work within three (3) months of its first meeting, and shall not exceed its authority as set forth above.
5.19 When departments are divided or merged, full-time members may be assigned to the new organizational units by the President following consultation with all affected parties. In all other cases, a full-time member may be transferred from one department to another only upon agreement of the member and administration pursuant to Article 5.5.
5.20 A department, interdisciplinary program, University-wide Curriculum Committee, the Senate or the President may initiate a recommendation for program discontinuance. If a recommendation for discontinuance originates from a source other than the Curriculum Committee or Senate, as appropriate, it shall be submitted in writing to the Curriculum Committee or Senate as appropriate. Once it has received or initiated a recommendation for program discontinuance, within sixty (60) days during the academic year, the Curriculum Committee or Senate as appropriate shall investigate the impact of such discontinuance and make its recommendations to all affected parties. Assessment of such program discontinuance proposals by all parties shall include consideration of bona fide educational needs. After reviewing the Curriculum Committee/Senate's recommendations, the President shall take appropriate action, including appropriate recommendations to the Board of Trustees. If a program discontinuance would result in involuntary separation of a full-time member, said discontinuance shall not occur except pursuant to the provisions of Article 17.
5.21 Each department shall have written bylaws consistent with this Agreement and procedures established pursuant to this Agreement describing its structure and procedures; such bylaws shall require approval by a majority of the full-time department members and the appropriate Dean. A copy of such bylaws shall be filed with the Senate, the respective Dean, the Vice President for Academic Affairs, and the local AAUP Chapter. When the appropriate Dean finds departmental bylaws to be unworkable or inconsistent with this Agreement or with procedures established pursuant to this Agreement, the Dean may require appropriate changes. The Dean and members of the department shall strive to resolve any disagreements. Any unresolved dispute between a department and the Dean shall be referred for a final binding resolution to a committee of three (3) consisting of a designee (not in the affected department) of the AAUP Chapter President, a designee (not the Dean involved) of the President, and a designee agreeable to both Presidents.
5.21.1 When a dispute arises within a department regarding the application of departmental bylaws, not related to this Agreement, said dispute shall be referred for a final binding resolution to a committee of three (3) consisting of the Chief Personnel Officer and two (2) full-time members (not in the affected department) appointed by the Senate President. Such settlements shall be consistent with this Agreement.
5.22 Each department shall keep minutes of all department meetings and its standing committees and, with the exception of DEC minutes, such minutes will be available to all department members, the respective Dean and the Vice President for Academic Affairs.
The department Chairperson has the dual responsibility of leading the department in fulfilling its responsibilities in academic and personnel areas and of facilitating the functioning of the department. The department Chairperson is the normal channel of communications between the department and other departments, division/areas or like groupings, offices and the administration.
5.23.1 Interdisciplinary Program Director
Interdisciplinary programs of sufficient size or complexity may require program directors.
5.24 Department Chairpersons, Academic Division Directors, Area Directors and Interdisciplinary Program Directors shall be selected in accordance with campus procedures. These members shall serve until completion of their terms as specified by campus policy.
If any of these members is evaluated pursuant to Article 4.13 and the President determines, based on the evaluation, that the best interest of the University is not served by the member remaining in office, the President may require that the member resign from office.
Upon such resignation, campus procedures for the selection of Chairpersons, Academic Division Directors, Area Directors and Interdisciplinary Program Directors shall be used to determine a replacement. Such procedures shall be expedited with final selection taking place within thirty (30) days from the date of the vacancy. During the interim the President may appoint a member in an acting capacity to fill the vacancy.
5.25 In specific articles of this Agreement where the action of the President is predicated upon receipt of a recommendation from a faculty body and where a time interval for such recommendation is prescribed by this Agreement or developed between a Senate and the President pursuant to this Agreement, the President may act seven (7) days after the time limit established in this Agreement or pursuant to this Agreement has elapsed without receipt of such faculty recommendation. If, in this Agreement, action by the President is predicated upon establishment of a policy mutually agreed on by the President and a university body, the President shall be bound by the most recent prior university policy until agreement is reached. Actions by the President in such instances shall be reasonable and consistent with the terms of this Agreement.
6.1 The duties and responsibilities of coaches and athletic trainers as defined in Article 1.6.7 shall be governed by this article. Such members shall hereinafter be referred to as coaches or athletic trainers.
6.1.1 The parties understand that part-time assignments, pursuant to Article 1.6.8, require varying amounts of hours per week depending on the requirements of the sporting season and in some situations the parties may execute a side letter pursuant to Article 10.4 reflecting a specialized assignment. Such letters will be affixed to and become part of this contract.
6.2 Coaches who held regular appointments on January 1, 1995, shall continue to hold such appointments. Such members shall be listed in the University catalog by faculty rank or, at the member's option, by job description title (e.g. Head Coach, Assistant Coach, Athletic Trainer).
6.2.1 Because loss of coaching staff causes an extraordinary impact on a University as a whole, full-time members with tenure or on tenure-track who were hired to coach intercollegiate athletic teams and were responsible for such coaching on or after August 20, 1982, up through December 31, 1993, shall continue to be responsible for such coaching unless expressly relieved from such duties by the President.
6.2.2 Coaches hired with an effective date of January 1, 1994, or thereafter, shall be appointed to defined term appointments (see Article 4.8.4). Such appointments may be renewed. In no case, however, may an assistant coach be hired for a term extending beyond that of the head coach in the sport. Furthermore, when a head coach leaves for any reason before the end of the contract, the employment of the assistant coaches in the sport may be terminated prior to the expiration of the contract, provided that notice (or salary in lieu thereof) is given as follows: for assistant coaches with two or fewer years of service at the University, six (6) months; for those with more than two (2) but less than four (4) years of service at the University, nine (9) months; and for those with four (4) or more years of service at the University, twelve (12) months. The above termination provision shall only apply to contracts commencing on or after August 29, 1997. When appointments are renewed for an additional term, service shall be deemed continuous. Appointments may be for either ten (10) or twelve (12) months.
6.2.2.1 Early Termination of Head coach Contract
The University and a coach may, at the time of granting a multi-year appointment, agree to a liquidated damages provision for termination of the coach's appointment prior to the expiration of the appointment. Said liquidated damages shall be a minimum of one (1) year's pay or 40 percent (40%) of the value of the remaining term of the appointment, whichever is greater, or in the case of a head coach with less than one (1) year remaining on the term of appointment, said coach may, at the University's discretion be paid the balance eof salary and benefits due for the term of the appointment.
This provision shall be included in the appointment letter of head coaches. The AAUP shall receive a copy of said appointment letters. Nothing precludes the head coach and the University from agreeing to a termination provision that exceeds the minimum terms noted above. In such case(s), the appointment letter shall reflect the agreed upon terms.
6.2.3 Annual salary adjustments for coaches shall be calculated by the same procedures used for other members of the bargaining unit. Coaches reappointed after a break in service of six (6) months or more will be considered new appointees for purposes of salary determination.
Coaches whose contracts are renewed may be considered new appointments for purposes of salary determination provided there is no reduction in salary or rank.
6.2.4 Faculty load credits for members covered by this Article shall be negotiated by the President or designee and the CSU-AAUP President or designee.
6.3 Full-time Coaches and full-time athletic trainers hired on January 1, 1994, or thereafter shall be appointed to one of the following ranks: Coach or Athletic Trainer I, II, III, and IV. Salary ranges shall be those for Instructor, Assistant Professor, Associate Professor, and Professor respectively. Assignment to rank shall be determined by number of years of service as a coach or athletic trainer. Minimum standards of appointment or promotion to each rank shall be:
I - Earned master's degree for athletic trainer, master's degree preferred for coaches, and two years of appropriate professional level experience.
II - Earned master's degree for athletic trainer, master's degree preferred for coaches, and three years experience.
III - Earned master's degree for athletic trainer, master's degree preferred for coaches, and five years experience.
IV - Earned master's degree for athletic trainer, master's degree preferred for coaches, and eight years experience.
A candidate who does not meet the above standards may also be appointed or promoted to a rank listed above, provided the candidate has credentials and/or experience substantially comparable to the listed standards.
6.4 Job descriptions for coaches and athletic trainers shall be completed by the University after consultation with CSU-AAUP.
6.5 Coaches and non-instructional athletic trainers will be organized into athletic departments and shall report to the Director of Athletics.
6.6 The parties to this agreement recognize and endorse the participation of coaches and athletic trainers in the governance of the academic community.
6.7 There shall be an Athletic Department Evaluation Committee consistent with Article 4 unless specified otherwise in Article 6, for the purpose of participating in the promotion, renewal, reappointment and professional assessment procedures. Only tenured members or those with seven (7) years or more of continuous service at the University as full-time members shall be eligible to serve on the DEC. In no case shall person under consideration for promotion serve on the DEC during any deliberations on promotions. In addition, this Committee shall make tenure recommendations for those members hired before January 1, 1994, currently on tenure-track. Evaluations shall be forwarded to the Athletic Director who, acting in lieu of a Dean, shall add an independent evaluation and recommendation. In addition, the Athletic Director may require special assessments pursuant to Article 4.13.
6.7.1 Evaluation of Members on Defined Term Appointment
Members on defined term appointments shall receive written evaluation during the second (2nd) semester of appointment (after completing a full semester of service) and at a minimum in the final year of appointment, unless the member has resigned or retired effective prior to or at the end of the appointment. The schedule for such evaluations shall be in accordance with Table 1 in Article 4.11.
Members on defined term appointment who meet the standards for promotion (see Article 6.3) shall be notified pursuant to Article 4.11.3 and may request to be evaluated for promotion.
Coaches and athletic trainers shall be evaluated relative to the criterion and categories in Articles 6.8 and 6.9 respectively; if such members have teaching responsibilities (see Article 6.11), the DEC shall obtain and use the data from student opinion surveys and other information pertinent to this teaching load credit activity.
Evaluations shall be provided to the member for signature indicating receipt of the evaluation and sent to the Promotion and Tenure committee in cases of promotion, and for eligible members, tenure or directly to the President in cases of renewal.
6.7.2 For coaches and athletic trainers on regular appointment, the schedule of evaluation and recommendation shall conform to the schedule established under Table 1 in Article 4.
6.8 Evaluation Criterion and Categories for Coaches
The criterion for evaluation shall be the quality of service in the following categories:
6.8.1 Administration and conduct of the assigned sport (e.g., adherence to institutional policies and applicable external rules governing the sport, fund raising, budget management, general program organization and administration).
6.8.2 Relationship with student athletes (e.g., recruitment of qualified student athletes, maintenance of acceptable graduation rates as established by the institution and team management).
6.8.3 Record of student athletes in competitive performance (e.g., program development, record of successful competitions).
6.8.4 Productive service to the department and University.
6.9 Evaluation Criterion and Categories for Non-Instructional Athletic Trainers
The criterion for evaluating non-instructional athletic trainers shall be the quality of performance, within each of the categories listed below. All individuals and bodies evaluating non-instructional athletic trainers shall weight these categories in the order listed. Any special conditions in the member's letter of appointment or subsequent extensions or modification of such appointment as provided in Article 4.7 shall be considered in the evaluation process.
6.9.1 Management of the health care of student athletes, including: risk management and injury prevention; recognition and evaluation of injuries/illnesses; injury treatment and disposition; rehabilitation; organization and administration of services; coordination of services with other sport medicine professionals; and education and counseling student athletes.
6.9.2 Demonstrated level of care and professionalism when interacting with student athletes.
6.9.3 Record of continued educational growth and service to the profession.
6.9.4 Productive service to the department and the University.
6.10 Assistant coaches who are appointed head coaches shall be considered new appointees for purposes of rank and salary.
6.11 Full-time Members of the Athletic Department may teach up to six (6) load credits per semester upon the mutual consent of the Athletic Director and appropriate academic department.
7.1 The duties of counseling faculty shall include counseling in all areas essential to the student and academic community, consultation with members, administrators and parents; completion of the necessary reports and other supporting paperwork.
7.2 Where applicable, present counseling faculty shall continue to hold their instructional faculty rank and also tenured appointment if previously held.
7.2.1 Counselors shall be known and identified as Staff Counselor, Assistant Counselor, Associate Counselor and Counselor.
7.2.2 The standards of rank for Staff Counselor, Assistant Counselor, Associate Counselor and Counselor shall be exactly those for Instructor, Assistant Professor, Associate Professor, and Professor respectively.
7.3 Both parties to this Agreement recognize and endorse the participation of counseling faculty in the governance of the academic community.
7.3.1 Evaluation Criterion and Categories for Counselors
Evaluations and assessments of full-time counselors shall be the quality of activity, including keeping current in one's field, within each of the categories listed below (Articles 7.3.1.1-7.3.1.5) except that the place of the DEC and department Chairperson shall be taken by the appropriate Director or Dean. All individuals and bodies evaluating counselors shall weight these categories in the order listed. Any special conditions in the member's letter of appointment or subsequent extensions or modification of such appointment as provided in Article 4.7 shall be considered in the evaluation process for renewal, promotion or tenure. Prior to initiating the evaluation procedure, the Dean or Director shall consult with the counselor(s) to develop procedures for gathering information to be used.
7.3.1.1 Load Credit Activity - Professional effectiveness in providing counseling in the area appropriate to the specialty(ies).
7.3.1.2 Professional activity, such as attendance and participation in conferences and workshops, membership and service in appropriate professional organizations and other professional activities.
7.3.1.3 Productive service to the department and university.
7.3.1.4 Creative activity appropriate to one's field such as delivering papers at conferences, research, study and publication.
7.4 If the Dean of Student Affairs and the appropriate academic Dean agree, both present counseling faculty and new appointments shall have one of two choices for their career development:
7.4.1 By mutual consent with any university department, and consistent with that department's practices, they may join a department as a member and enjoy all faculty privileges as established in this Agreement, including promotion through the instructional faculty ranks in conformance with the standards for such ranks. Such counseling faculty must teach at least three (3) load credits per work year.
7.4.2 Those counselors not joining a department will be eligible for tenure and promotion through the counseling faculty ranks.
7.4.3 Promotion shall be recommended by the University-wide Promotion and Tenure Committee.
7.5 Reassigned time in the Counseling Center will be provided to counseling faculty teaching in a department as follows: three (3) hours reassigned time per load credit for the duration of the semester.
7.6 Counselors will work an average of thirty-five (35) hours per week over a continuous 198 work day work year (inclusive of paid holidays listed in Article 10.1.1). As the needs of University programs dictate, the Director or appropriate Dean may require a counselor to commence the work year no sooner than August 15 and no counselor's work year shall end later than May 31. Other schedules, including discontinuous schedules, may be arranged by agreement between the counselor and the Director or appropriate Dean. Work outside the work year shall be compensated pursuant to Article 11 (also see Article 10.6.1.1).
7.7 To ensure confidentiality in student counseling, counselors will be provided with private offices, in which every effort will be made to make them as sound proof as possible. Where possible, waiting areas will be provided in the Counseling Center. In addition, access to a secretary will be provided.
7.8 Counselors shall follow the holiday schedule established pursuant to Article 10.1.1 for those holidays which fall within the counselor's scheduled work year.
8.1 In recognition of the professional status of library faculty and to capitalize on current State University personnel, the Library Director will meet on a regularly scheduled basis with the library faculty in order to discuss goals, policies and service objectives of the library in the academic community.
8.2 For purposes of campus governance the full-time library faculty shall elect a spokesperson who shall have three (3) basic functions: (1) to represent the library faculty to the Library Director if requested by the member; (2) to discuss ways and means by which the goals, policies and service objectives (including personnel recommendations) of the library can be fulfilled with given library resources; and (3) to facilitate participation of library faculty in the academic community. Both parties to this Agreement recognize and endorse the participation of library faculty in the governance of the academic community.
8.2.1 The full-time library faculty shall have a library faculty evaluation committee conforming to Senate requirements for evaluatory committees for the purpose of participating in the promotion, tenure, renewal, and professional assessment procedures. Evaluations shall be forwarded to the Library Director who may add an independent evaluation In addition, the Library Director acting in lieu of a Dean may require special assessments pursuant to Article 4.13.
8.2.2 Full-time library faculty shall elect search committees which shall be responsible for making library faculty appointment recommendations to the Director.
8.3 The professional responsibilities of the library faculty shall include such activities as developing and maintaining the library collection of the university, providing bibliographic services (access to recorded information) to the university community, providing bibliographic instruction to students, and advising faculty, scholars, and the community in the use of these collections. Librarians shall be assigned general responsibilities which are appropriate to their education and experience. Such responsibilities shall be recommended by the full-time library faculty.
8.3.1 Evaluation Criterion and Categories for Librarians
The criterion for evaluating and recommending full-time librarians shall be the quality of activity, including keeping current in one's field, within each of the categories listed below (Articles 8.3.1.1-8.3.1.5). All individuals and bodies evaluating librarians shall weight these categories in the order listed. Any special conditions in the member's letter of appointment or subsequent extensions or modification of such appointment as provided in Article 4.7 shall be considered in the evaluation process for renewal, promotion or tenure.
8.3.1.1 Load Credit Activity - Professional effectiveness in providing library services.
8.3.1.2 Professional activity, such as attendance and participation in conferences and workshops, membership and service in appropriate professional organizations and other professional activities.
8.3.1.3 Productive service to the department and university.
8.3.1.4 Creative activity appropriate to one's field such as delivering papers at conferences, research, study and publication.