This is an agreement by and between the Northern Michigan University Board of Trustees, the Employer, hereinafter referred to as the “Board,” and the American Association of University Professors-Northern Michigan University Chapter, hereinafter referred to as the “Association.”
1.1.1 “Board” means the Board of Trustees of Northern Michigan University, Marquette, Michigan, a state institution of higher education, and its administrative agents.
1.1.2 “Association” means the American Association of University Professors-Northern Michigan University Chapter.
1.1.3 “Unit” or “bargaining unit” means the bargaining unit defined in Section 1.2.
1.1.4 “Faculty member” or “bargaining unit member” or “unit member” means a person employed in the bargaining unit defined in Section 1.2.
1.1.5 “Time limit” calculations expressed in calendar days exclude holidays, set seasonal bonus days, and all recesses between and during academic sessions.
1.1.6 Pronouns of masculine and feminine gender include each other.
1.1.7 Ongoing faculty for a given academic year are the following: a. Instructional faculty who had a full-time assignment for either the fall or winter semester of the previous academic year. b. Noninstructional faculty who had a full-time assignment for six (6) months prior to the July 1 immediately preceding the start of the given academic year. c. Faculty who the previous year were on the following:
(1) Tenured
(2) Tenure Earning
(3) Continuing
(4) Term
(1) Tenured
(2) Tenure Earning
(3) Continuing
(4) Term
(1) Limited appointment
(2) Reduced appointment
(3) Professional development leave
(4) Personal leave or Family and Medical Leave Act Leave (FMLA) or Child Care Leave for one (1) semester or less in the case of instructional faculty and one-half (1/2) the regular appointment for noninstructional faculty
(5) Sick leave or Family Care Leave
(6) Sabbatical leave
(7) Long-term disability leave
(8) Political activity leave
1.1.7.1 Noninstructional faculty who did not have a full-time assignment six (6) months prior to the July 1 immediately preceding the start of a given academic year will not be entitled to the full salary increase for that academic year. Instead, the noninstructional faculty will be given one-twelfth (1/12) of the raise for each month of full-time service up to a maximum of five-twelfths (5/12). Noninstructional faculty with less than one (1) month of service will receive no part of the faculty increase.
1.1.8 “Department head” is used exclusively to mean academic department head or Director of the Center for Native American Studies, Associate Dean of the College of Business, Director of Clinical Laboratory Sciences, Director of Counseling and Consultation Services, Associate Dean of the School of Technology and Applied Sciences, Associate Dean of Nursing Education, or Associate Dean of Teacher Education.
1.1.9 “Department” is used exclusively to mean academic department, Center for Native American Studies, Academic Information Services, College of Business, Counseling Center, School of Education, School of Nursing, or School of Technology and Applied Sciences. This definition of department is not meant to imply in any way that the Dean of Academic Information Services or the Dean of the College of Business is a department head and, hence, subject to the contractual provisions covering department heads. In the event that any of the current departments are eliminated or combined, the administration will inform the Association about what departments will include the faculty affected by the eliminations/combinations.
1.1.10 “Joint appointment” is an academic appointment for which a faculty member has formal and ongoing teaching responsibilities in two (2) or more departments.
1.1.11 “Academic year” refers to the Fall and Winter semesters and in that order.
1.1.12 An “overload course” is a course assigned during the academic year to a faculty member by the department head which is in addition to the normal assigned professional responsibilities.
1.2.1 The Board recognizes the Association as the exclusive collective bargaining representative of employees of the University in the unit described below for the purpose of negotiating with respect to wages, hours, terms, and conditions of employment. The bargaining unit includes:
All full-time Northern Michigan University faculty members who hold academic rank as Instructor, Assistant Professor, Associate Professor, or Professor, Professional Librarian, Counselor, or Full-Time Adjunct faculty.
Specifically excluded from the unit are:
All persons not holding academic rank, Graduate Assistants, Tutorial Assistants, Visiting Faculty, Department Heads, Assistant Deans, Associate Deans, Deans, Assistant and Associate Vice Presidents, Vice Presidents, Associate Provosts, Provost and Vice President for Academic Affairs, President, and any other supervisors.
1.3.1 The Board agrees to continue to abide by all federal and state laws regarding discrimination in employment. The Board will not knowingly discriminate against any member of the bargaining unit because of the faculty member’s sexual orientation, because of membership or nonmembership in the Association or for engaging in activities which may be supportive of or against the Association or any other employee group, providing such activities do not interfere with the proper performance of job duties. The Board will not knowingly aid, promote, or finance any group or organization (other than the Association) which purports to engage in collective bargaining on behalf of faculty members in the bargaining unit. The extent of any aid to the Association shall be as specified elsewhere in this Agreement.
1.3.2 The Administration will provide the Association with a copy of the Integrated Postsecondary Education Data System (IPEDS) Report each year.
1.3.3 Each year, the Association may elect to provide its affirmative action analysis and recommendations regarding affirmative action to the Academic Senate. The Academic Senate, in turn, will forward this report with or without benefit of comment to the Provost and Vice President for Academic Affairs and the University’s Affirmative Action Officer. The Affirmative Action Officer will meet with the Association at its initiative to discuss the report.
1.4.1 The Board will send to the Association, within twenty-one (21) calendar days after the execution of this Agreement, a list (by department or other administrative unit) stating each faculty member’s name, sex, tenure status, rank, date of original appointment at Northern Michigan University, date of tenure (if applicable), date of appointment to current rank, date of birth, highest degree held, salary and fringe benefits, and mailing address. The Board will send the Association a list of any changes in the list (including resignations, retirements, or deaths) on a monthly basis. The Board will also forward to the Association copies of all notices terminating the employment of unit members at the same time such notices are sent to members.
Within twenty-one (21) calendar days after the start of each academic semester, the Board will send to the Association a list of all non-AAUP represented personnel (by department or other administrative unit) who are employed on campus and off campus on a part-time basis under the provisions of Article VI, Section 6.7.1 of this Agreement. This list shall detail the employee’s name, courses taught, credit hour load, the employee’s title, employee’s class, and full-time equivalency (FTE).
1.4.2 The Board will provide the Association with such additional information from its records as is necessary to enable the Association to carry out its function of bargaining with respect to the wages, hours, and conditions of employment of bargaining unit members; provided, however, that this provision shall not be construed to require the Board to prepare or develop information for the Association or to provide information in any form other than that of copies of already existing records.
In order to enable the Association to meet its responsibilities to assure that bargaining unit members are treated in compliance with state and federal laws regarding discrimination, the Board agrees to meet all reasonable requests by the Association for providing data related to such compliance.
1.5 Separability; Minimum Requirements; Negotiations
In the event that any provision of this Agreement, in whole or in part, is declared to be illegal, void, invalid, or unenforceable by any court of competent jurisdiction or by any administrative agency having jurisdiction, all of the remaining terms, conditions, and provisions of this Agreement which are not rendered meaningless, inoperable, or ambiguous as a consequence of the declaration shall remain in full force and effect.
1.5.1 This Agreement states minimum terms and conditions for employment or continued employment of a member of the bargaining unit, and the Board shall not employ a unit member on terms less favorable to each of them than those stated herein without the consent of the affected individual and the Association.
1.5.2 Not more than three (3) representatives designated by the Board and not more than three (3) representatives designated by the Association shall confer at such reasonable times as either party may request to consider problems concerning this Agreement or other matters of mutual concern. Such meetings shall not exceed one (1) in each calendar month except by mutual agreement. The party requesting such a meeting shall give the other party a written request at least one (1) week in advance. Such notice shall specify the agenda of items to be discussed, and no other items shall be considered except by mutual agreement.
1.5.3 The parties shall commence negotiations toward a modification of this Agreement no later than one hundred twenty (120) days prior to its expiration date, unless a valid legal question concerning the Association’s representational status is raised prior to the commencement of such one hundred twenty- (120) day period, or both parties mutually agree to the commencement of negotiations. Each party shall give the other party written notice of desired contract changes or additions prior to the commencement of such negotiations.
1.5.4 The University will consult with the Association on the terms of a severance incentive plan prior to the submission of the plan to the Board of Control.
1.6 Association Use of Facilities and Services
1.6.1 The Association shall be afforded:
a. the right to send through the regular University campus mail service, newsletters and such other communications as are necessary to the conduct of the Association’s business as a collective bargaining agent, provided such use of the mail shall not cause an unreasonable load on the system and provided such use is legal under state and federal law;
b. use of campus bulletin boards for notices of Association meetings and other official Association business;
c. the privilege of scheduling Association meetings on campus in appropriate facilities free of charge, provided written requests for such space are made a reasonable time in advance and suitable facilities are available at the time requested; special service or equipment to be charged at usual rates;
d. the privilege of contracting, at the same rate charged to registered campus organizations, for such of the following services as are needed for the Association’s conduct of its business as a collective bargaining agent: printing address labels, label affixing, material folding and insertion, duplicating, copying, audio-visual, computer, food.
e. The Board shall provide the Academic Senate with office space, duplicating, on-campus mail services, and half-time secretarial support for purposes specified in Article III, Section 3.3.1.4.
1.6.2 In order to facilitate the process of academic governance as structured in this Agreement, the equivalent of two(2) FTE positions shall be provided on a released-time basis to be allocated by the Provost and Vice President for Academic Affairs each semester after consulting with the Association. There will be a Letter of Intent accompanying this clause prior to the beginning of each semester which will indicate the specific positions among which released time is to be allocated. Variations in the released-time allocation can be arranged by mutual agreement provided the allocation does not exceed the equivalent of six (6) FTE over the three- (3) year period of the Agreement.
1.7.1 During the life of the Agreement and to the extent the laws of the State of Michigan permit, every bargaining unit member beginning with the month following thirty (30) calendar days after the execution of this Agreement; or thirty (30) days after employment in the bargaining unit, whichever date is later, and monthly thereafter, shall tender to the Association, as a condition of continued employment in the bargaining unit, either periodic and uniformly required Association dues, or, in the alternative, a service fee in an amount not greater than the periodic and uniformly required Association dues, which service fee shall be deposited by the Association in the AAUP Scholarship Fund. All awards and processing from this fund shall be under the exclusive control of the Board.
1.7.2 A faculty member shall be terminated at the end of the current semester under Section 1.7.1 of this Article when:
a. the Association first has notified the faculty member by letter, explaining that the faculty member is delinquent in not tendering either periodic and uniformly required Association dues or service fees in an amount not greater than the periodic and uniformly required Association dues, specifying the current amount of such delinquency, and warning the faculty member that unless such dues or service fees are tendered within thirty (30) calendar days, the faculty member will be reported to the Board for termination as provided in this Article; and
b. the Association has furnished the Board with written proof that the procedure of Section 1.7.1 of this Article has been followed and has supplied the Board with a copy of the letter sent to the faculty member and notice that the faculty member has not complied with the request. The Association must specify further, when requesting the Board to terminate the faculty member, the following by written notice: “The Association certifies that ___________________ has failed to tender either the periodic and uniformly required Association dues or service fees required as a condition of continued employment under the collective bargaining Agreement and that under the terms of the Agreement, the Board is requested to terminate the faculty member at the end of the semester.”
1.7.3 The Association shall indemnify and save the Board harmless from any and all claims, demands, suits, or any other action arising from this Article or from complying with any request for termination under this Article.
1.7.4 The Board will advise new faculty members of the faculty members’ obligations under this Article, in writing, and will provide them with an authorization for deduction of Association Dues or Service Fees form and the address of the Association headquarters.
1.8 Dues or Service Fees Checkoff
1.8.1 During the life of this Agreement and any extensions thereof, and to the extent the laws of the State of Michigan permit, the Board agrees to deduct periodic Association membership dues or service fees levied in accordance with the bylaws of the Association from the pay of each unit member, who through the Treasurer of the Association, voluntarily executes the following authorization form:
VOLUNTARY AUTHORIZATION FOR
DEDUCTION OF ASSOCIATION DUES OR SERVICE FEES
AAUP-NMU CHAPTER
Name ___________________________________________
Department ______________________________________
I authorize the Board to deduct from wages earned or to be earned by me Association Dues or Service Fees, and any increases therein instituted by the Association, as certified to the Board by the Treasurer of the Association, and to remit the same to the Association at such time and in such manner as may be agreed upon between the Board and the Association.
This authorization and direction may be revoked by the undersigned by submission to the Board of a written revocation. If no such written revocation is received, this authorization shall be irrevocable until the termination of the collective bargaining Agreement between the Board and the Association which is in force at the time of delivery of this authorization.
| Check one: ______Union Dues ______ Service Fee |
_______________________________________ Signature of Unit Member |
| _______________________________________ Address |
|
| _______________________________________ Date of Signature |
|
| _______________________________________ Date of Delivery to Board |
1.8.2 The following certification form shall be used by the Association when certifying membership dues or service fees:
CERTIFICATION OF ASSOCIATION TREASURER |
I certify that the membership dues or service fees for unit members is __________________________ per biweekly pay period. |
_______________________________________ Date |
_______________________________________ Association Treasurer |
_______________________________________ Date of Delivery to Board |
1.8.3 Payroll deduction shall be made only from the pay of unit members each biweekly pay period; provided, however, the initial deduction for any unit member shall not begin unless both (1) a properly executed “Voluntary Authorization for Deduction of Union Dues or Service Fees” and (2) the amount of the dues or service fees (computed on a biweekly rate) certified by the Treasurer of the Association has been delivered to the Board at least thirty (30) calendar days prior to the last payday of the calendar month.
Changes in the amount of the dues or service fees must be delivered to the Board at least thirty (30) calendar days prior to the last day of the biweekly pay period in which the change will become effective.
1.8.4 All sums deducted by the Board shall be remitted to the Treasurer of the Association at an address given to the Board by the Association, once each biweekly pay period following the period in which the deductions were made.
1.8.5 The Association agrees to make whatever adjustments are necessary directly with a faculty member who may, as a result of this deduction procedure, pay more or less than the Association dues or service fees.
1.8.6 The Board shall not be liable to the Association by reason of the requirements of this Article for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the unit member. In addition, the Association shall indemnify and save the University harmless from any liability resulting from any and all claims, demands, suits, or any other action arising from compliance with this Article, or in reliance on any list, notice, certification, or authorization furnished under this Article.
1.9 Faculty Orientation Week
The Board will provide allotted time not to exceed a total of two (2) hours for the Association to call a meeting of bargaining unit members during faculty orientation week each fall.
1.10 Complete Agreement
This collective bargaining Agreement represents the complete agreement between the parties and supersedes any and all prior agreements, understandings, customs, and practices. This Agreement incorporates all the mutually-agreed-to subjects of negotiation, and both parties acknowledge that the parties were free to discuss all matters of concern dealing with wages, hours, and working conditions. The parties further acknowledge the parties’ mutual right during the term of this Agreement, to initiate good faith negotiations on any matters of concern dealing with wages, hours, and working conditions which are not covered by this Agreement and were not the subject of any proposals by either party during the negotiations leading to this Agreement. This collective bargaining Agreement may be amended, modified, or supplemented only by a written document signed by authorized representatives of both parties.
1.11 No Strike or Lockout
The Association agrees that it will not engage in or sanction or support any strike, work stoppage, work slowdown, or other job action which in any way interferes with the normal operation of the University. The Board agrees that it will refrain from locking out members of the bargaining unit or from any threat thereof.
Subject only to any limitations imposed by the express and specific terms of this Agreement, the Board hereby retains and reserves unto itself all powers, rights, and authority to manage, direct, and control the University and its program, properties, facilities, and employees, including, without limiting the generality of the foregoing, the rights: 1. to hire all employees, to determine the employees’ qualifications and compensation and the conditions for the employees’ continued employment, and to dismiss, demote, discipline, promote, transfer, assign, lay off, and recall all such employees;
2. to establish, modify, and abolish programs and courses of instruction, as deemed necessary or advisable by the Board;
3. to determine class schedules, the hours of instruction, and the duties, responsibilities, and assignments of faculty and other employees with respect thereto; 4. to reassign, at its discretion, department heads, deans, and other administrators who hold academic rank in a department to full-time faculty status in that department.
3.1.1.1 The bylaws of a department will constitute the means whereby that department agrees to conduct its internal affairs and by which it shall address procedures and standards for faculty appointments, evaluations, promotions, and tenure recommendations. Departments thus have the freedom and the flexibility to conduct the departments’ internal affairs according to the bylaws they create, so long as those procedures are in compliance with the general standards and procedures specified in Articles II and V hereof.
Departmental bylaws shall describe specific standards for promotion which confirm levels of achievement in the areas of assigned responsibility, professional development, and service commensurate with each higher rank and which shall be defined by example. While reflective of the differences in their fields, the standards specified in the bylaws in each department shall be comparable to the standards in departmental bylaws throughout the University, i.e., the circle of comparison shall be the University community.
3.1.1.2 Creating Bylaws for New Departments
3.1.1.2.1 Faculty in newly created departments shall propose a set of bylaws within the first six (6) months of operation so as to permit the orderly transaction of departmental business, of faculty evaluations, and of promotion and tenure recommendations.
3.1.1.2.2 If the faculty in a new department are unable to develop bylaws that are approved within one (1) year, the Provost and Vice President for Academic Affairs shall establish bylaws by modifying the last proposed bylaws in order to achieve compliance with the contract; the Provost and Vice President shall provide a written justification for modifications to the departmental faculty and to the other parties involved in the approval process.
3.1.1.3 Initiating the Modification of Bylaws for Existing Departments
3.1.1.3.1 A department may propose changes in its bylaws at any time during the academic year.
3.1.1.3.2 The Provost and Vice President for Academic Affairs may require a department to review and/or change its bylaws if:
a. An outside consultant or review team involved in a program review or accreditation visit finds the standards of professional competence specified in the promotion and tenure standards section of the bylaws have become obsolete because of:
(1) changes in the standards of accreditation
(2) changes in technology
An example of such obsolescence is: In the department of Engineering Technology, the development of graphics abilities in computers may make a teacher of graphic arts without the capacity to use computers professionally impaired.
What is not an example of such obsolescence is a change in publication standards, such as the number, if any, of publications required for tenure or promotion.
b. Changes are made in this Agreement that affect departmental bylaws “in a substantive way.”
c. The Provost and Vice President for Academic Affairs determines that the standards for faculty appointment, evaluation, tenure, and/or promotion recommendations do not require levels of achievement or performance consistent with those described in bylaws throughout the University community, i.e., within the “circle of comparison” as referenced in Section 3.1.1.1.
3.1.1.4 Standards and Procedures for Gaining Approval of New Bylaws or Changes in Old Bylaws
3.1.1.4.1 The document, “Format for Submittal and Final Approval of Departmental Bylaw Proposals” (see Appendix D for document) contains:
a. A standard format for printing bylaw proposals.
b. A submittal form that must accompany all proposals. Proposals not printed in standardized format or not accompanied by a submittal form will be returned to the department for reworking.
3.1.1.4.2 The document “Procedure for Submitting and Securing Final Adoption of Departmental Bylaw Proposals” (see Appendix D for document) specifies the procedure for fulfilling the requirements that departmental faculty provide:
a. To its department head and dean, copies of all bylaw proposals as well as any revisions made to them in the approval process.
b. To the participants in the approval process, the statements of acceptance or nonacceptance by the participants at other levels in the approval process.
3.1.1.4.3 Step One: Grievance Officer
Departments shall submit all proposals first to the Grievance Officer whose acceptance or nonacceptance will be based on whether or not the proposals contravene the Agreement. It is the responsibility of the department head to convey the proposed bylaws or changes to the Grievance Officer and dean within 15 days of their passage by the department. The Grievance Officer shall provide a written response to any proposals, including those that are modified at some point in the approval process, within thirty (30) days of the receipt of the proposals; if a response is not received within thirty (30) days, the proposals shall be sent to the next level by the department head.
a. If found acceptable by the Grievance Officer, the proposals shall then be sent by the department to the next level.
b. If found unacceptable, the Grievance Officer shall specify the reasons for its unacceptability in a written response to the department and arrange for a conference with the department to discuss the proposals.
(1) The department may then choose to modify its proposals until they are accepted by the Grievance Officer.
(2) The department shall, however, have the right to forward its proposals to the next level even if they are not accepted by the Grievance Officer.
3.1.1.4.3.1 After review by the Grievance Officer, proposals other than those concerned with the specification of standards for promotion and tenure shall move to Step Three.
3.1.1.4.4 Step Two: College Advisory Council (CAC)
After review by the Grievance Officer, proposals for bylaws concerning the specification of standards for promotion and tenure shall be sent to the appropriate CAC whose acceptance or rejection shall be based upon whether or not the specifications of standards are equivalent to those of other departments in the college. The CAC shall send a written response to the department within thirty (30) days of the receipt of the proposal. If it does not, the department may send its proposals to the Provost and Vice President for Academic Affairs.
a. If the CAC finds the proposals acceptable, the department shall forward the proposals to the Provost and Vice President for Academic Affairs.
If the CAC finds the proposals unacceptable, the CAC shall specify the reasons in its written response to the department and arrange for a conference with the department to discuss the proposal.
(1) The department may make modifications in its proposals until they are acceptable to both the CAC and the Grievance Officer.
(2) The department shall, however, have the right to submit its proposals to the Provost and Vice President for Academic Affairs even if they are not found acceptable by the Grievance Officer and the CAC.
3.1.1.4.5 Step Three: Provost and Vice President for Academic Affairs
After review by the Grievance Officer and/or the CAC, all proposals shall be sent to the Provost and Vice President for Academic Affairs. The Provost and Vice President’s approval of all proposals other than those concerning the standards for promotion and tenure shall be whether or not they contravene the Agreement. The Provost and Vice President’s approval of proposals concerning tenure and promotion standards shall be based on whether or not the proposed specifications of standards contravene the Agreement and whether or not they are equivalent to the standards of quality used in other colleges within the University. The Provost and Vice President shall send a written response to the department within thirty (30) days of the receipt of proposals. If a written response is not received within thirty (30) days, the changes shall be considered the official bylaws of the department.
a. If the proposals are approved, they become the official bylaws of the department.
b. If the proposals are disapproved, the Provost and Vice President for Academic Affairs shall specify the reasons in writing and arrange for a conference with the department. The Provost and Vice President may invite the department head, the dean, a representative of the CAC, and the Grievance Officer to the conference.
(1) If the conference leads the Provost and Vice President for Academic Affairs to accept the proposals, they become the official bylaws of the department.
(2) If the conference does not result in an agreement on the proposals and if the proposals concern the standards for promotion and tenure, the department may appeal the Provost and Vice President for Academic Affairs decision to the Faculty Review Committee (FRC) within thirty (30) days of the conference. The FRC will have thirty (30) days to review the appeal and communicate its decision. If it does not communicate its ruling and the reasons for it within thirty (30) days, the Provost and Vice President’s decision will be considered upheld.
(3) If the FRC supports the department’s appeal, the Provost and Vice President for Academic Affairs shall accept the FRC’s judgment unless the Provost and Vice President has serious and compelling reasons for not doing so. Unless the Provost and Vice President communicates such serious and compelling reasons to the FRC and department within thirty (30) days of receiving the FRC’s ruling, the FRC’s decision will be considered upheld.
Such bylaws shall remain in effect unless amended in accordance with the procedures described above or superseded by changes in this agreement.
3.1.2 Department Heads
3.1.2.1 When a department head position becomes vacant, the dean of the college, after consultation with the department, shall formulate specific guidelines regarding replacement procedures. These shall include:
a. the specification of whether internal and/or external candidates shall be considered;
b. desired qualifications;
c. budgetary considerations; and
d. the size of the pool of recommended candidates that will be submitted to the dean for consideration.
3.1.2.2 The department will formulate its recommendation(s) among all candidates and forward same to the dean, with supporting rationale. When the department is able to find more than one (1) acceptable candidate, the department may rank order its list of acceptable candidates and give reasons for its ranking. If the department is able to find only one (1) acceptable candidate, it shall recommend that candidate. The dean will review the departmental recommendation(s) with the Provost and Vice President for Academic Affairs. If the department’s recommendation(s) is approved by the Provost and Vice President, the Provost and Vice President shall recommend the appointment of the candidate to the President of the University. If the University does not accept the recommended candidate(s), the University has the right to declare the search process has ended.
3.1.2.3 In the event a department head position is not filled in a timely fashion through the preceding procedures, the Board may appoint an acting department head for one (1) year; further, the Board has the right through this procedure to appoint the same individual to three (3) additional one- (1) year terms if the procedures specified in Sections 3.1.2.1 and 3.1.2.2 fail to produce agreement in subsequent years.
3.1.2.4 Department heads, as defined in 1.1.8, directors, and the Dean of Academic Information Services will be evaluated triennially by the faculty in the appropriate academic unit. The Office of the Vice President for Academic Affairs will provide an updated schedule for these evaluations each Fall to the AAUP Office and departments. Faculty input into the evaluation of the Head will be accorded reasonable anonymity.
3.1.3 Assistant and Associate Department Head
3.1.3.1 If such position is authorized by the dean, Assistant and Associate Department Heads shall be faculty members who currently hold academic rank in the department or administratively merged departments to be served. In administratively merged departments, the assistant or associate department head shall normally be from a department other than the department in which the department head has faculty rank
3.1.3.2 The department head selects the assistant department head in conjunction with the faculty of the department or administratively merged departments. When an assistant department head recommended by the faculty is not approved by the Provost, the selection process will be returned to the department for further discussion and identification of additional candidates. In the event the assistant or associate department head position is not filled in a timely fashion through the preceding procedure, the Board may appoint an acting assistant or associate department head for up to three (3) years.
3.2.1 College Advisory Councils
3.2.1.1 Each departmentally organized college (or academic unit not affiliated with a departmentally organized college) shall have a College Advisory Council (CAC). The CAC in each college shall be selected from among the college’s faculty provided that two thirds (2/3) of the membership of each CAC must hold the rank of Associate Professor or above and be tenured. CAC members who are not tenured may not participate in tenure reviews, and CAC members below the rank of Associate Professor may not participate in promotion reviews for faculty members seeking a rank higher than that currently held by that CAC member. However, in a college where the above requirement would exclude a department from representation on its CAC, an exception may be made; the bylaws of that CAC will address such exceptions.
3.2.1.1.1 Because Academic Information Services and the College of Business are academic units that are not part of colleges with other academic departments covered by this Agreement, recommendations from these units that would otherwise be sent to a CAC (were they part of a college with multiple departments) will instead be sent to the next level in the administrative process.
3.2.1.1.2 For the purposes of bargaining unit member evaluation, tenure, merit and equity distribution, promotion, determination of sabbatical leaves, and bylaw review, Counseling and Consultation Services shall be considered a department in the College of Professional Studies; workload for Counseling and Consultation Services faculty shall be governed by Article VI, Section 6.1.1.2; in all other matters in this Agreement, Counseling and Consultation Services shall be considered as a department in the Academic Affairs Division. Any teaching done for an academic department by a member of Counseling and Consultation Services is subject to evaluation by that department.
3.2.1.2 Each CAC shall review all recommendations of departments for promotion, tenure, or termination as provided in Article V.
3.2.1.3 Each CAC shall act in an advisory capacity to the dean on matters affecting the operation and implementation of the college’s academic programs or on matters referred to it by the dean.
3.2.1.4 CAC bylaws and procedures shall be reviewed and approved by the FRC. If the FRC rejects the bylaws or procedures of the CAC or any portion thereof, it shall inform the CAC in writing how the bylaws can be revised to satisfy its objections.
3.3.1 There shall be an Academic Senate whose function shall include:
(a) advising and making recommendations to the Provost and Vice President for Academic Affairs on matters of faculty-wide concern,
(b) communicating items of concern to respective constituencies, and
(c) informing the academic community of issues under consideration.
3.3.1.1 Such Academic Senate shall be governed as to procedures by its own bylaws and shall establish a subcommittee structure to carry out its responsibilities in accordance with such bylaws. Nonmembers may attend Academic Senate meetings by invitation.
3.3.1.2 The Association hereby chooses to delegate the following areas of its responsibility as set forth in this contract, which are acknowledged by the Association to be matters for which the Association would otherwise be responsible, to the Academic Senate:
a. Recommendations for curriculum or program changes as set forth in Section 3.3.1.6 or other than those set forth in Section 3.3.2.3.
b. Recommendations for curriculum or program changes, other than those described in Section 3.3.1.6, which entail reduction or reallocation of existing academic positions and/or programs, in situations other than those provided for in Article VII, as referred to it by the Educational Policy Committee (EPC) as specified in Section 3.3.2.3.
c. Recommendations for program changes, including the initiation of new majors or minors or other changes, which require or may require additional funds.
d. The faculty approval of the list of students who have fulfilled the requirements for degrees to be conferred. No student shall be awarded a degree bearing the explicit endorsement of the faculty unless such endorsement has the approval of the Association
e. The review and ranking of faculty proposals for academic study and research, as set forth in Section 3.3.6.
3.3.1.3 The Academic Senate shall not be responsible for nor deliberate upon promotion, tenure, faculty sabbatical leaves, or working conditions including salaries and other economic benefits.
3.3.1.4 The Academic Senate shall be established, which shall be composed as follows: one (1) faculty member from each department (two [2] from departments of twenty [20] or more) elected by the faculty of that department; the deans of the colleges; one (1) department head from each college; the Dean of Academic Information Services; and four (4) students appointed by ASNMU. The Provost and Vice President for Academic Affairs and an AAUP and MEA liaison shall serve in an ex officio, nonvoting capacity. Members of the Academic Senate shall have at least three (3) years at the University, if possible. Students may be appointed to appropriate committees of the Academic Senate.
3.3.1.5 The Academic Senate shall annually elect an Executive Committee from its membership, with the provision that the Provost and Vice President for Academic Affairs and the AAUP liaison will be voting members.
3.3.1.6 Recommendations for curriculum or academic program changes shall be submitted to, acted upon, and forwarded to the Provost and Vice President for Academic Affairs by the Academic Senate. Curriculum or academic program changes are those involving such matters as changes in course titles or numbering; changes of departmental prerequisites; introduction or deletion of courses in the major, minor, or elective category; evaluation of student performance; and academic program content defined so as to include the structure of an academic program as it relates to certification, degree requirements, subject matter, and/or any other recognized professional criteria as determined by the faculty qualified to teach the program. In addition, the Academic Senate is responsible for making recommendations concerning the consideration of new majors and minors. Finally, the Academic Senate is responsible for recommendations concerning academic uses of University computer resources, academic calendars, proposals for faculty grants and curriculum development grants as provided in Article VI, Sections 6.5.2.5 and 6.5.2.6, faculty endorsement of the awarding of earned degrees, as well as other academic matters brought before it for consideration.
3.3.1.7 All recommendations of the Academic Senate shall be forwarded to the Provost and Vice President for Academic Affairs who will normally implement such recommendations. Should the Provost and Vice President find reason to take exception to an Academic Senate recommendation, the Provost and Vice President will initially return the matter to the Academic Senate for further consideration with a written statement of the Provost and Vice President’s concerns. Should the Academic Senate renew the recommendation, the Provost and Vice President for Academic Affairs may reject the recommendation for serious and compelling reasons, which the Provost and Vice President shall communicate to the Academic Senate in writing.
3.3.1.8 When recommendations of the Academic Senate have a potential impact on workload, they must be submitted to the Board and the Association for review. When recommendations of the Academic Senate would result in an addition or reduction in faculty, whether adjunct, term, or tenure track, the recommendations must be submitted to EPC as well.
3.3.1.9 Initial recommendations regarding matters described in Section 3.3.1.6 may be advanced by individual faculty, academic departments, administrators, and ASNMU.
3.3.2 Educational Policy Committee
3.3.2.1 An Educational Policy Committee (EPC) shall be established, which will have fourteen (14) members. Seven (7) faculty members shall be appointed by the Association with the following representation: two (2) from the College of Arts and Sciences; one (1) from the College of Business or Academic Information Services; one (1) from the College of Professional Studies; and three (3) members at large. The deans of the Colleges of Arts and Sciences, Business, Professional Studies, Academic Information Services, and Graduate Studies and Research shall be members. Two (2) additional administrative members shall be appointed by the President of the University. A chairperson shall be elected by and from the membership of the EPC. One (1) of the EPC faculty members will be designated by the Association to attend the Deans, Directors, and Department Heads meetings.
3.3.2.2 The responsibilities of the EPC shall include advising the Provost and Vice President for Academic Affairs and keeping the Association informed on mission statements, on short- and long-term academic program planning for the University, and on financial considerations attendant to implementation of new programs such as majors and minors. In particular, the above-described responsibilities of the EPC shall include concern with and making recommendations on such matters as: enrollment patterns and projections, the allocation of budget for the support of academic programs, the generation of credit hours within colleges and academic departments, and staffing requirements within colleges and academic departments. The Provost and Vice President for Academic Affairs will provide written feedback on the implementation or nonimplementation of all EPC recommendations.
3.3.2.3 Recommendations for curriculum or academic program changes, which entail or would result in reductions or reallocations of existing academic positions and/or programs for reasons other than financial exigency, must be submitted to the EPC for review. The Academic Senate and the EPC shall not act on recommendations contemplated under Section 3.3.2.3 until an academic plan has been submitted by the Provost and Vice President for Academic Affairs to the Academic Senate for review and response nor shall the Provost and Vice President act upon this academic plan until the Academic Senate has had reasonable opportunity to respond. After an initial determination of the potential reductions or reallocations of positions, the EPC shall submit the proposed curriculum or academic program changes to the Academic Senate for review. The Academic Senate will forward its recommendations relative to the academic merit of the proposed changes to the EPC. The EPC shall consider said recommendations calling a joint conference committee if desired. The EPC shall forward its recommendations to the Provost and Vice President. The recommendations of the EPC shall be accorded great weight by the Provost and Vice President and shall normally be followed. Should the Provost and Vice President find reason to take exception to the EPC’s recommendation, the Provost and Vice President will initially return the matter to the EPC for further consideration with a statement of the Provost and Vice President’s concerns. Should the EPC renew the recommendations, the Provost and Vice President may modify or reject the recommendations for serious and compelling reasons, which the Provost and Vice President shall communicate to the EPC and Academic Senate in writing.
Recommendations shall be reviewed following a calendar prepared by the Provost and Vice President for Academic Affairs. This calendar shall allow adequate review at each deliberative step specified therein. If the calendar the Provost and Vice President has established is not complied with and no modification is agreed upon, the matter shall proceed to the next step without benefit of recommendation from the body failing to comply with the requirements of the calendar.
3.3.2.3.1 In the event that the Provost and Vice President for Academic Affairs determines that a recommendation under Section 3.3.2.3 will result in the layoff of a faculty member, the Provost and Vice President shall, before issuing a recommendation under Section 3.3.2.3, notify the Association of the proposed layoff and shall consult with the Association to identify the faculty member affected. The faculty member shall be identified according to the criteria, but not the processes, set forth in Article VII. The Association shall have thirty (30) calendar days from the receipt of the notice of proposed layoff to assist in the identification of the faculty member to be laid off. A notice of layoff shall be issued by the Board to the affected faculty member at the same time the Provost and Vice President communicates the recommendation to the EPC under Section 3.3.2.3.
3.3.2.4 The Academic Senate and the EPC shall have access to all information which they reasonably need to accomplish their tasks and may invite the appropriate personnel for consultation in the accomplishment of their tasks.
3.3.2.5 Curriculum or academic program changes involving reduction or reallocation of existing academic faculty and/or programs in situations provided for in Article VII shall be governed by the procedures in Article VII.
3.3.2.6 Before laying off any faculty member when financial exigency has not been declared, the University shall consider the alternatives listed below:
a. Shared load between departments and colleges
b. Annualized appointments to include extension teaching
c. Reassignment to another department or college
d. Retraining
e. Supplementation of teaching with nonteaching duties
f. Transfer to a vacant nonteaching position in conformity with any applicable union contract or personnel policy
g. Reduced appointment
h. Early retirement
3.3.3 Academic Policy and General Faculty Affairs
3.3.3.1 The Academic Senate may make recommendations to the Association on such matters of academic policy or of general faculty concern as the Academic Senate may choose. Consultation between the Board and the Association on such matters shall follow the procedures described in Article I, Section 1.5.2.
3.3.4 Honorary degrees bearing the explicit endorsement of the faculty must have the approval of the Association.
3.3.5 The Association shall make recommendations to the Provost and Vice President for Academic Affairs on all University-funded faculty proposals for academic study and for research. The available University funds will be allotted annually by the Provost and Vice President based on this review and ranking; provided, however, that the Provost and Vice President may reject a particular proposal for serious and compelling reasons which the Provost and Vice President shall communicate to the Association in writing.
3.3.6 Faculty Review Committee
3.3.6.1 There shall be a Faculty Review Committee (FRC) composed of members chosen from the bargaining unit whose function shall be to act on recommendations for promotion, tenure, and sabbatical leave, to act on appeals of CAC’s sabbatical leave recommendations and deans’ tenure and promotion recommendations, and on appeals concerning bylaws forwarded to it pursuant to Section 3.1.1.4.5. In carrying out its duties, the FRC may choose to meet with the Provost and Vice President for Academic Affairs and/or the Grievance Officer of the Association.
3.3.6.2 The Faculty Review Committee (FRC) will be comprised of not more than seven (7) members at the rank of Associate Professor or above as designated by the bargaining unit. At least two (2) members must hold the rank of Professor and not more than one (1) member may be nontenured.
3.4.1 faculty participation in discussions on matters of university-wide concern shall be achieved through membership on university-wide advisory bodies which may be established by the board. faculty recommended to participate in the work of such university-wide advisory bodies shall be selected in such manner as the association shall determine. the association shall recommend at least two (2) faculty members for each faculty position available on committees which discuss matters of university-wide concern.
4.1 A grievance is a complaint by the Association, on behalf of one (1) or more faculty members or in its own behalf, concerning an alleged violation of this Agreement. All grievances shall be adjusted through the grievance procedure provided in this Article.
4.2 In computing any time limit herein specified, Saturdays, Sundays, holidays, and set seasonal bonus days will be excluded. Unless extended by mutual written agreement, the time limits specified herein shall be the maximum time allowed. Failure to comply with time limits on the part of the Board’s administrative agent shall permit the grievance to proceed to the next step.
4.3 A faculty member (or group of faculty members) who claims that the contract provisions have allegedly been violated shall initially seek to resolve the problem by informal means and/or through administrative channels, with, however, the right to prompt reply to the faculty member’s inquiries.
4.4 Failing resolution of a problem by informal means, the Association shall initiate the grievance procedure by filing a written grievance in the Office of the Provost and Vice President for Academic Affairs. The grievance shall be signed by the appropriate Association representative and the faculty member(s) involved shall concisely state the facts upon which the grievance is based and the contract provisions which have allegedly been violated and shall specify the relief or remedy sought. The grievance shall be filed within fifteen (15) days after the Association or the faculty member(s) on whose behalf the grievance is filed became aware, or reasonably should have become aware, of the action complained. If the grievance is not served within that time, the grievance is barred. In no event shall monetary adjustments of a grievance cover a period prior to ninety (90) days before the filing of the written grievance.
The requirement that grievances be filed within fifteen (15) days is modified to permit the suspension in the counting of days for that period of time beginning when the Association notifies the Provost and Vice President for Academic Affairs that informal efforts are being pursued on a specifically described potential grievance in an effort to resolve it, and ending when either the Association notifies the Provost and Vice President that informal efforts have ended, or the Provost and Vice President notifies the Association that the counting of days will begin again at the point where they were suspended.
4.5 Procedure and Time Limits
4.5.1 Step One
4.5.1.1 Following receipt of the written grievance, the Board-designated administrative agent shall arrange a meeting to discuss the grievance with the grievant(s) and with the appropriate representative of the Association. This discussion shall be completed within ten (10) days after the grievance is filed. If the grievance is adjusted to the satisfaction of the Board and Association, the adjustment will be reduced to writing and signed by the designated administrative agent and the representative of the Association. If there is no mutually agreeable adjustment, the designated administrative agent shall provide the Association representative with a written answer stating the reasons for denial of the grievance.
4.5.2 Step Two: Review Board
4.5.2.1 If the grievance is not adjusted in Step One, the Association may, within five (5) days of the Step One written answer, submit the grievance through the Office of the Provost and Vice President for Academic Affairs or the Provost and Vice President’s designated representative to a Review Board. Unless otherwise agreed by the parties, membership on the Review Board shall be limited to three (3) administrative staff members designated by the Provost and Vice President and three (3) bargaining unit members designated by the Association. The Review Board shall promptly arrange a meeting to discuss the grievance and the written answer and appeals.
This discussion shall be completed within fifteen (15) days after the filing of a request to have the grievance considered in Step Two. If the grievance is satisfactorily adjusted, the adjustment will be reduced to writing and signed by the appropriate representatives of the Board and the Association. If there is no mutually agreeable adjustment, the Provost and Vice President for Academic Affairs or the Provost and Vice President’s designated representative shall provide the Association with a written answer stating the reasons for denial of the grievance.
4.5.3 Step Three: Binding Arbitration
4.5.3.1 If the grievance is not satisfactorily adjusted in Step Two, the Association may submit the grievance to binding arbitration. Within ten (10) working days of the Association’s receipt of the written response of the Board at Step Two, the Association shall serve upon the designated administrative agent its written notice of intent to arbitrate. If within ten (10) working days following the written notice of intent to arbitrate the parties are unable mutually to agree upon a selection of an arbitrator, the Association may thereafter request a List for Selection of Arbitrator from the American Arbitration Association at its Detroit office and an arbitrator shall be selected in accordance with American Arbitration Association Rules and Procedures. The arbitration will be conducted under the then current Labor Arbitration Rules of the American Arbitration Association. The Board and the Association may agree to expedited, streamlined, or any other arbitration procedures on a case-by-case basis.
The Arbitrator’s decision shall be final and binding upon the Board, the Association, and any faculty member(s) involved and may be enforced in any court of competent jurisdiction. The arbitrator’s decision shall be based solely upon the express and specific provisions of this Agreement, without addition, subtraction, or modification. The Board and the Association will bear the Board’s and Association’s own expenses individually including transcripts, if ordered, and will share equally the fees and expenses of the arbitrator and the American Arbitration Association.
4.6 Any adjustment of a grievance agreed upon by the Board and the Association at any stage of the grievance procedure shall conclusively dispose of the grievance and shall be binding upon the Board, the Association, and any faculty member or members involved.
4.7 Failure to appeal a grievance from one step to the next within any of the time limits specified above shall bar the grievance.
5.1.1 Initial Faculty Appointments
There shall be three (3) types of initial faculty appointments:
a. Tenure Earning appointments are subject to the University tenure policy in Section 5.5. Faculty with these appointments have a probationary status.
b. Term appointments shall normally be made for two (2) or three (3) years subject to satisfactory evaluation. Term appointments for less than two (2) years may be made for such reasons as late resignation, illness of regular faculty, enrollment requirements, program demands, or replacements for leaves of absence and sabbatical leaves. Persons employed on two- (2) year or three- (3) year Term appointments shall be given first consideration for newly authorized two- (2) or three- (3) year Term appointments, provided they meet the qualifications specified for the position and have had satisfactory annual evaluations. Persons on two- (2) year Term or on three- (3) year Term appointments who already hold the appropriate terminal degree shall be given serious consideration for new Tenure Earning positions, provided they meet the qualifications specified for the position and have had satisfactory annual evaluations.
c. Tenured appointments.
d. The reduction in the ratio of tenure/tenure track faculty to the total FTETF by more than 5% in any year requires an EPC review. For example, a reduction in the ratio from 75% to 69% would require such a review whereas a reduction from 75% to 73% would not.
5.1.2 Continuing Contract Appointments
5.1.2.1 Faculty members who have completed six (6) years of full-time service in a Term contract status for the same department at the University and are reappointed in that department shall be eligible for Continuing contract status appointment. Such appointment will be contingent upon an affirmative recommendation of the department, and approval by the Provost and Vice President for Academic Affairs, based primarily upon an evaluation of the faculty member’s cumulative record of teaching and departmental service conducted no later than the sixth year but prior to the seventh year by the department and reviewed by the CAC, dean, and FRC. The focus on teaching and service will not, of course, preclude a candidate from including professional development activities for consideration in the review for Continuing contract status.
Faculty funded by grants or contracts shall not be eligible for Continuing contract status.
5.1.2.1.1 Faculty members who meet the qualifications of Section 5.1.2.1 will have the option of converting to Continuing contract status by notifying the Provost and Vice President for Academic Affairs in writing not later than October 30 in the year the faculty members become eligible.
5.1.2.1.2 Continuing contract status faculty may be dismissed only for just cause.
5.1.2.1.2.1 Continuing contract status faculty may be laid off only if the faculty member’s position is eliminated.
5.1.2.1.2.2 Continuing contract status faculty whose positions will be eliminated at the end of the winter semester must be notified not later than the previous December 1 of the University’s intent to lay the faculty members off. Incumbents in positions to be eliminated at the end of the fall semester must be notified not later than the previous April 15. Continuing contract status faculty with ten (10) or more years of service at the University shall be afforded nine (9) months’ notice of layoff. The layoff of Continuing contract status faculty shall be governed solely by the provisions of Section 5.1.2.
5.1.2.1.2.3 Continuing contract status faculty who are laid off shall have the right to be recalled for a period of two (2) calendar years from the date of the faculty members’ layoff if the faculty members’ position is reestablished.
5.1.2.2 Continuing contract status positions may be converted to Tenure Earning positions based on demonstrated need pursuant to Section 5.5.1.2. Any Continuing appointment created after July, 1995 which is converted to a Tenure Earning position shall be filled only after a national search is conducted for the Tenure Earning position.
5.1.2.2.1 Faculty on Continuing contract status, whose positions are converted to Tenure Earning appointments and who are appointed to fill the Tenure Earning position may receive credit for prior service consistent with Section 5.5.1.6, and years of experience applicable for appointment consistent with Section 5.2.
5.1.2.3 Continuing contract status faculty may apply for promotion if the faculty members meet eligibility requirements.
5.1.2.4 Continuing contract status faculty may apply for professional development leave if the faculty members meet eligibility requirements.
5.1.3 Reduced Appointment
5.1.3.1 Any faculty member who has been awarded tenure may request a Reduced appointment.
A Reduced appointment is an appointment requiring action of the Board, in which, by mutual agreement between the faculty member and the Board, a Tenured faculty member may be assigned a fraction of the Tenured faculty member’s normal workload and receive a proportional fraction of the Tenured faculty member’s salary. The faculty member on a Reduced appointment retains tenure and is entitled to the rights, privileges, and protections accorded any other Tenured faculty member. The faculty member on a Reduced appointment shall meet a proportional share of the Tenured faculty member’s departmental responsibilities which shall be specified at the time the Reduced appointment is approved.
Reduced appointments are granted for a specified period, and they may be renewed only by mutual agreement between the faculty member and the Board; otherwise the faculty member must return to full-time status. A faculty member on a Reduced appointment must inform the faculty member’s department head by March 1 of the last year of the specified period of the faculty member’s commitment to return to full-time status or to request a continuation of the Reduced appointment.
During the period a faculty member is on a Reduced appointment and to the extent allowable according to the University’s agreement with the carrier and law, a faculty member is entitled to University-paid retirement, life insurance, short-term disability, and long-term disability based on the faculty member’s Reduced appointment salary. If the faculty member elects to participate in the University’s medical, dental, or optical coverages, the University will pay a percentage of the contribution/premium in proportion to the faculty member’s reduced appointment. The remainder of the contribution/premium is the responsibility of the faculty member.
5.1.3.2 Limited Appointment Status
Any Tenured faculty member with a minimum of ten (10) years of full-time service at the University may, by mutual agreement between the faculty member and the Board, be assigned not less than one-quarter (1/4) of the faculty member’s normal workload and be provided a corresponding proportion of the faculty member’s salary. The faculty member shall be required to establish a termination date when applying for Limited appointment status. In exceptional circumstances not adequately addressed by Reduced appointment status or Family Care Leave, a faculty member may be granted a Limited appointment status with a defined date for return to full-time, regular status if approved by the Provost and Vice President for Academic Affairs. The mutual agreement of the Board and the faculty member on Limited appointment status is required to return to a full-time status or to a different fractional appointment.
During the period a faculty member is on Limited appointment status and to the extent allowable according to the University’s agreement with the carrier and law, the University will provide the same contribution/premium as it does for full-time faculty for medical, dental, and optical coverage. Life insurance, short-term disability, and long-term disability coverage shall be provided based on the faculty member’s Limited appointment salary. Faculty members will receive as salary 15.64 percent of the amount that is the difference between the faculty members’ full-time base salary and the faculty members’ Limited appointment salary.
Faculty members who, under exceptional circumstances as specified above, are granted a Limited appointment status with a defined date for return to full-time, regular status, shall be provided life insurance, short-term disability, and long-term disability based on the faculty member’s salary in effect immediately prior to the start of the Limited appointment status.
A faculty member on Limited appointment status shall be eligible to apply for curriculum and research grants and professional development monies. Such a faculty member shall only earn prorated credit for sabbatical eligibility. For example, if a faculty member is on a two-thirds (2/3) Limited appointment status and receives a full-year sabbatical at one-half (1/2) pay, the faculty member will receive one-half (1/2) of two-thirds (2/3) of the faculty member’s salary. A faculty member on Reduced or Limited appointment status is not eligible for an overload assignment unless the Reduced appointment derives from the provisions of Article VII, Section 7.10.
5.1.4 Joint Appointment
5.1.4.1 Faculty may have appointments in two or more departments. One of the departments will be designated the primary department. That department will be responsible for conducting the faculty member’s annual evaluation and recommending the faculty member for promotion, tenure, or termination. The other department(s) shall provide written contribution(s) to the faculty member’s annual evaluation and to recommendations for tenure, promotion, or termination.
5.1.4.2 The faculty member in a Joint appointment shall not be required to meet a higher standard than other faculty to achieve promotion and tenure. As a consequence, when evaluating a faculty member for tenure, promotion, or termination, evaluators shall take into account any unusual workload arising from the appointment.
5.2 Academic Titles and Minimum Criteria for Appointment
Full-Time Adjunct: A provisional appointment, normally not to exceed two (2) years, reserved for individuals who do not meet minimum criteria for other ranks but who have special attainments, skills, or experience. The University shall consult with the Association before offering any position as a Full-Time Adjunct and it is the intention of the parties not to proliferate appointments under this academic title.
Instructor: An earned Master’s degree from an accredited institution (hereafter “accredited institution” shall be understood as an institution which is accredited by one [1] of the six [6] regional accrediting agencies and the recognized accrediting agency for the discipline, where appropriate) or a foreign educational institution whose degree is recommended for acceptance by the dean of the college upon concurrence of the department head and the faculty of the department in which the appointment will occur, and, in most instances, active candidacy for a terminal degree at an accredited institution. In most disciplines the earned doctorate constitutes the terminal degree; however, in those disciplines in which the doctorate is not normally required, appropriate criteria, including specification of degree requirements, shall be stipulated in the departmental bylaws, subject to the review and approval of the appropriate dean and the Provost and Vice President for Academic Affairs. These may include special attainments, skills, or experience particularly valuable to the academic unit. Probationary appointments to this rank shall not exceed a maximum of seven (7) years.
Assistant Professor: An earned doctorate from an accredited institution or other terminal qualifications appropriate to the position as stipulated in the departmental bylaws, subject to the review and approval of the appropriate dean and the Provost and Vice President for Academic Affairs. Exceptions may be made because of unusual scholarly and/or professional achievements.
Associate Professor: An earned doctorate from an accredited institution or other terminal qualifications appropriate to the position as stipulated in the departmental bylaws, subject to the review and approval of the appropriate dean and the Provost and Vice President for Academic Affairs; normally six (6) years of full-time higher education experience at the rank of Instructor or above; evidence of teaching excellence and significant scholarly or creative professional achievement. Exceptions may be made because of unusual scholarly and/or professional achievements.
Professor: An earned doctorate from an accredited institution or other noteworthy qualifications for the position as stipulated in the departmental bylaws, subject to the review and approval of the appropriate dean and the Provost and Vice President for Academic Affairs; normally, twelve (12) years of full-time higher education experience at the rank of Instructor or above; evidence of teaching excellence and distinguished scholarly or creative professional achievement. Exceptions may be made because of unusual scholarly and/or professional achievements.
Professor Emeritus: The title of “Professor Emeritus” is an honorary title conferred by action of the Board upon the nomination by the nominee’s departmental faculty, department head, dean, or the Board. It shall only be awarded in recognition of an outstanding academic career and noteworthy contributions to the University to those who have retired after having been granted tenure at the University. According to the needs of the University, a Professor Emeritus may be called upon to serve one (1) or more one- (1) year appointments. Each such one- (1) year appointment shall not be subject to the usual notification requirements for reappointment. The provisions of this Section shall not be construed to guarantee employment to any emeritus faculty member in any academic year beyond the fiscal year in which the emeritus faculty member retires.
Visiting Appointments: A temporary appointment of an individual holding academic rank at another institution of higher learning, which shall not exceed two (2) consecutive years.
5.3 Faculty Appointment Procedure
5.3.1 When authorization for a departmental position is given, the dean of the college shall provide the department head with specific staffing guidelines including budgetary considerations. All appointments with academic rank, except for academic administrators and Board-initiated faculty appointments, shall originate within a department in accordance with the bylaws. All candidates proposed or recommended by the Board shall be given full consideration within the staffing guidelines and in accordance with Sections 5.3.2 through 5.3.4. The Board retains final appointment authority in all such Board-initiated appointments.
5.3.2 In conducting its search for a person to fill a position, the department, through the department head, must provide clear documentation that it has made a good faith effort to comply with existing federal and state laws regarding discrimination in employment and institutional procedures.
5.3.3 When interviews of candidates for the position have been completed, the department, through the department head, shall forward to the dean a written recommendation listing the department’s candidate(s) in order of preference and the reasons for the preference. This communication should also include for each candidate a recommended salary range, initial appointment rank, and any special considerations. In the event that the dean rejects the department’s recommendation(s), the dean shall request further recommendation(s).
5.3.4 When agreement is reached and all conditions of the appointment have been agreed to by the department head, dean, and Provost and Vice President for Academic Affairs, an Employment Agreement will be sent by the Provost and Vice President to the chosen candidate clearly specifying the type of appointment, salary, credit for prior service, degree, and/or tenure conditions. The Provost and Vice President shall also send a letter of appointment detailing expectations and responsibilities of the position. The terms of appointment shall normally follow the departmental recommendations specified in Section 5.3.3. Any deviation from these recommendations shall be communicated to the department.
5.4.1 Formal, written evaluations shall be completed for each faculty member at the direction of the department head in accordance with departmental bylaws and this Agreement. Nontenured faculty and Tenured Assistant and Associate Professors will be evaluated annually and Tenured full Professors will be evaluated every three (3) years. However:
a. New faculty may need to be evaluated three (3) times in the faculty members' first two (2) years to permit the necessary evaluation to meet the notification deadlines contained in Section 5.5.3.
b. A Tenured Full Professor, the departmental evaluation committee, or the department head may request one (1) or more annual evaluations prior to the scheduled three- (3) year formal review. Such a request shall be nongrievable.
5.4.1.1 “Evaluation period” is a phrase used to describe a period of time during which a faculty member teaches and/or performs assigned duties and engages in professional development and service.
The normal evaluation period for faculty members is the calendar year. Evaluators are instructed to base the evaluation on the faculty member's performance during that calendar-year period.
5.4.1.1.1 Evaluation for other than promotion or tenure review shall be conducted in accordance with the following schedule:
February 1: The faculty member submits the evaluation to the departmental evaluation committee
April 1: The departmental evaluation committee submits the evaluation to the department head.
April 30: The department head submits the departmental evaluations together with a statement of concurrence or nonconcurrence to the faculty member for review and comment.
May 15: The faculty member submits the signed evaluation to the department head with comments as appropriate.
May 20: The department head submits the faculty evaluations to the dean.
June 30: The dean signs the faculty evaluations and submits comments, if any, to the faculty member.
September 15: The faculty member may respond to any comments made by the dean.
Should the faculty member, evaluation committee, department head, or dean fail to adhere to the preceding schedule, the process shall proceed to the next step unless an extension is granted by the administrator or committee at the next step. Failure to receive the appropriate evaluation materials will be noted in writing in the next evaluator’s statement and become part of the cumulative record for promotions and tenure.
5.4.1.1.2 For faculty members applying for tenure, the evaluation period covers multiple years, starting when the Tenure Earning appointment commences at the University unless prior service credit has been granted at the time of hire as provided in Section 5.5.2.1. For faculty with prior service credit toward the probationary period, the evaluation period must include that prior service time.
5.4.1.1.3 The evaluation period for tenure ends the day before the first day of fall semester classes during the calendar year in which the application is initiated, and performance or accomplishments after that date cannot be considered by the evaluators. The evaluation schedule for tenure and promotion applications is set forth in Section 5.5.8.
5.4.1.1.4 For faculty members applying for promotion, the evaluation period covers multiple years, starting when employment commences at the University (with the faculty member having the option to include the evaluation of employment at a prior institution), or on the first day of fall semester classes in the calendar year when the last successful promotion application was initiated at the University, whichever date is later.
5.4.1.1.5 The evaluation period for promotion ends the day before the first day of fall semester classes during the calendar year in which the application is initiated, and performance or accomplishments after that date cannot be considered by the evaluators.
Example (referencing a work in progress): An applicant for promotion or tenure has written a book-length manuscript during the evaluation period and submitted it to a publisher for review and hopefully for publication. The applicant's editor replies that the company would like to publish the book in the future. The applicant should list this achievement as an unpublished manuscript, not as a book, since it is not yet published as a book. Editor evaluations received during the evaluation period may also be attached.
The evaluation schedule for promotion applications is set forth in Section 5.5.8.
5.4.1.1.6 Following the application for tenure and/or promotion the first normal evaluation period shall be for a period from the first day of the fall semester in which application was made through the end of the next calendar year. (Approximately sixteen [16] months.)
5.4.1.2 Evaluation of a faculty member shall be based on and consistent with: the expectations, goals, and any special assignments or criteria stated in the initial letter of appointment; the departmental bylaws; previous evaluations; and the judgmental criteria specified in Section 5.5.5. The annual evaluations will be part of an ongoing record of the faculty member's progress toward promotion and/or tenure.
The evaluation shall focus on the faculty member's effectiveness in meeting assigned responsibilities (including teaching where applicable), professional development, and service endeavors as outlined in the Agreement and in the department's bylaws.
5.4.1.2.1 For teaching faculty, the evaluation shall include student evaluations from each course.
The collection of student evaluations shall be prescribed so that the anonymity, security, completeness, and integrity of the student responses are preserved. If the process of collection is not specified in the bylaws, it shall be under the direction of the department head in consultation with the appropriate departmental faculty committee.
The final student evaluations shall be collected not earlier than the final week of the class nor later than the end of the final exam week. With the exception of distance education courses as defined in 6.7.3, student evaluations shall normally be conducted during a regularly scheduled class period. Such evaluations may be collected manually or electronically.
The department head shall direct the creation of such summary analyses of the student evaluations as deemed necessary for consideration by the department evaluation committee.
Faculty access to student evaluation materials will be prevented until after grades for the course have been submitted and the time period for posting grades has concluded.
5.4.1.2.2 The evaluation shall address any needs for improvement in the faculty member's performance, and discuss assistance or counseling that has been or should be given to the faculty member.
Evaluation statements shall conclude with a recommendation regarding continued appointment or termination of appointment for a faculty member progressing toward tenure. The evaluation statement shall indicate whether the faculty member is making the expected progress, and what goals or criteria must yet be achieved in order to be recommended for tenure and/or promotion. In the case of applications for promotion and/or tenure, there should be a recommendation regarding the application, accompanied by reasons for the recommendation.
At the departmental level, it is possible for new material to be added to the evaluation materials. Either the faculty member may wish to make available additional information to the departmental evaluators, or the evaluators may ask the faculty member for information which the faculty member may have that would aid in the evaluation (the faculty member may choose to make this information available). These materials shall be attached to the Part II statement by the faculty member.
5.4.1.3 Each evaluation prepared by a faculty member not applying for promotion and/or tenure shall include Parts I, II, III, IV, and V. For a faculty member applying for promotion and/or tenure, Parts VI, VII, VIII, and IX will be added by evaluative bodies during the evaluation process. Each part of the evaluation is described in subsequent sections of this Agreement.
Evaluation materials should be placed in numeric order, followed by the appendix and a copy of the departmental bylaws. The use of index tabs for each part is recommended.
5.4.1.4 Faculty Evaluation Report – Part I
A set of official documents providing complete and valid information, including:
a. For a faculty member preparing an annual evaluation:
- NMU Faculty Evaluation Processing Form (see Appendix A of the Agreement)
- faculty information page (Faculty Information Report – Basic Data Form)
b. For a faculty member applying for promotion and/or tenure:
- NMU Faculty Evaluation: Promotion and/or Tenure Processing Form (see Appendix A of the Agreement)
- faculty information page (Faculty Information Report – Basic Data Form)
- letter of appointment and/or Employment Agreement from the University
- where appropriate, a position description listing duties and responsibilities
- where appropriate, documentation outlining any changes in duties and responsibilities
- if any of the above are not available, or otherwise deserve some commentary, the faculty member should include a page with appropriate explanation
- table of contents covering the narrative in Part II, the Appendix to Part II (see Section 5.4.1.5.e), and the Backup Materials to Part II (see Section 5.4.1.5.f).
5.4.1.5 Faculty Evaluation Report – Part II
A required statement, limited to eight (8) pages for evaluations and twenty-five (25) pages for tenure and promotion applications, by the faculty member, including the following:
a. A general information section describing:
- the faculty member's years in various ranks at this University and at other universities;
- other relevant professional experience;
- a listing of higher education degrees received (or progress toward degrees);
- any other relevant educational experience.
Faculty who are expected to complete a terminal degree must include a clearly stated plan and timetable for completing the terminal degree.
Applicants for promotion or tenure must verify that they meet the minimum eligibility requirements outlined in the Master Agreement and/or bylaws regarding years of experience and professional degrees.When applying for promotion and/or tenure, a statement highlighting this fact as well as an explanation of how the faculty member intends to structure the evaluation material.
b. A statement establishing the relative emphasis to be placed on professional development and service.
c. A narrative statement describing the accomplishments in assigned responsibilities, professional development, and service. This statement cites the relevant sections of the bylaws and clearly shows how the expectations of the bylaws have been met (or in annual evaluations, how the faculty member is attempting to meet those expectations), and how these accomplishments relate to plans identified in prior evaluations.
(1) For teaching responsibilities, a description and qualitative assessment must be included and should be based upon the following:
(a) Teaching effectiveness as determined by the department bylaws
(b) Student evaluations. Student evaluation material should include:
- the student evaluation process (including when the information was acquired),
- a sample copy of any evaluation form(s),
- arithmetic scores and quantitative analysis if rating scales were used, a condensed narrative report of student comments if those were obtained,
- other information from student evaluations as appropriate,
- a short qualitative assessment of the student evaluations.
Student evaluation sheets should not be submitted in raw form; however, they should be available to any evaluation committee or person upon request. Additional material may be placed in the Appendix or in Backup Materials.
(c) Colleague evaluation information
(2) a description and qualitative assessment of advising responsibilities
(3) a description and qualitative assessment of additional assigned responsibilities (e.g., curriculum coordination, assessment activities; see Section 6.4.1)
(4) A review of University supported professional development activity as required in 6.5.1.1 and/or 8.1.4.1.4. Reports referenced in 6.5.1.1 and/or 8.1.4.1.4 shall be included in the appendix or in backup materials.
d. A statement of plans for the coming evaluation period. The faculty member is asked to be specific in identifying assignments and plans in teaching or other assigned professional responsibilities, professional development, and service. The faculty member should note when such plans are contingent upon University or outside support (e.g., travel, sabbatical request,
e. An Appendix to the Part II narrative, consisting of important documents referred to in the narrative which evaluators would find essential to understanding or substantiating the narrative, such as letters of support, reviews of publications, copies of publications or presentations, etc. This appendix should be placed at the end of the evaluation document. This appendix is limited to eighty (80) pages, bearing in mind that the evaluations and their appendices must be hand-carried by many reviewers. Material too lengthy to be included within this eighty- (80) page limit may be placed in Backup Materials.
f. For promotion and/or tenure applications, faculty members must submit Backup Materials which include evaluations for prior years that are part of the evaluation period. Backup material may also include bulky manuscripts, reports, copies of published articles or reprints, and slides or art works that cannot readily be duplicated. Backup Materials should be available first in the department, then in the appropriate dean's office, and later in the AAUP office so evaluators can consult them.
5.4.1.6 Faculty Evaluation Report – Part III
Each yearly evaluation of a faculty member shall include a statement by the departmental evaluation committee. The committee should begin their evaluation by examining parts I and II prepared by the faculty member. This statement by the committee must contain the following:
a. Confirmation of the faculty member's years of experience and educational achievements. For probationary appointments, this would confirm where the faculty member currently is in terms of the probationary timeframe. In an application for promotion and/or tenure, this would be a confirmation of precisely how the faculty member meets or does not meet the eligibility criteria for promotion and/or tenure.
b. Confirmation of the beginning and ending dates of the evaluation period;
c. Confirmation of the faculty member's relative emphasis for professional development and service as required by Section 5.5.5 of the Master Agreement and other relevant requirements of the departmental bylaws;
d. Evaluative judgments about the faculty member's performance in meeting the criteria and goals specified in the Master Agreement, departmental bylaws, and in prior evaluation statements. The evaluative judgments will be used as a basis for establishing a record of progress towards meeting the requirements for tenure and/or promotion. In applications for promotion and/or tenure, the committee will determine whether the faculty member has met the judgmental criteria and goals specified in the Master Agreement, the departmental bylaws, and in prior evaluation statements.
e. Clear, explicit language that evaluates the faculty member's performance in terms of the three (3) areas (teaching and/or assigned professional responsibilities, professional development, and service) listed in the Master Agreement and in departmental bylaws. This material should cite the relevant sections of the bylaws and clearly show how the expectations in the bylaws have been met or not met regarding significant achievements and effective performance.
f. For teaching responsibilities, an assessment of teaching effectiveness based upon an interpretive analysis of student evaluations (quantitative analysis where rating scales are used, and assessment of comments from students where available) in the context of the specific teaching situation and other information such as a teaching portfolio or observations by colleagues;
g. Assessment of the faculty member's effectiveness in advising and any additional assigned responsibilities;
h. Evaluation statements shall conclude with a recommendation regarding continued appointment or termination of appointment for a faculty member progressing toward tenure and/or promotion. The evaluation statement shall indicate whether the faculty member is making the expected progress, and what goals or criteria must yet be achieved in order to be recommended for tenure and/or promotion. In the case of applications for promotion and/or tenure, there should be a recommendation regarding the application, accompanied by the reasons for the recommendation.
i. A signature section showing the name of the chairperson of the departmental evaluation committee, as well as the names of all other members of the committee, and a place for the chair's signature (as well as for the signatures of all members of the committee in promotion and/or tenure cases).
5.4.1.7 Faculty Evaluation Report – Part IV
This part of the faculty member's evaluation is a statement by the department head which addresses Section 5.4.1.2 and Section 5.4.1.6. items (a) through (h). The department head must sign this statement.
5.4.1.8 Faculty Evaluation Report – Part V
a. For evaluations not involving applications for promotion and/or tenure:
When the department has completed its evaluation, the faculty member shall review the completed evaluation before it leaves the department and has the right to add any written comments or pertinent material, which shall be appended to the Part V form. The faculty member will then sign the Part V form.
The faculty member's complete evaluation will then be forwarded by the department head to the dean. The dean reviews the evaluation and may choose to write a statement addressing some or all of the issues raised in the evaluation materials consistent with Section 5.4.1.2 and Section 5.4.1.6 items (a) through (h). If the dean chooses to write a statement, it shall be attached to Part V form. The dean signs the Part V form, after which a complete copy is given to the faculty member who may respond to the dean's statement by September 15 (see Section 5.4.1.1.1). Additional copies will be distributed as follows: one (1) copy for the departmental personnel file, one (1) copy for the dean's personnel file, and one (1) copy for the Provost and Vice President for Academic Affairs.
b. For evaluations involving applications for promotion and/or tenure:
When the department has completed its evaluation, the application is considered complete. No additional information or material shall be added. The faculty member has the right to review the completed evaluation and must sign the Part V form acknowledging the same. This prohibition about adding new material does not preclude any evaluation body/person from seeking to obtain information that would clarify material in the completed evaluation, including but not limited to asking the faculty member to provide that clarification in writing. Example: An evaluation body desires to know whether a publication was juried or not.
Should a question arise as to whether the information desired represents an attempt at clarification or seems to represent a desire for new information, the inquiring party should put the question to the Provost and Vice President for Academic Affairs and to the Grievance Officer of the Association; the information request may not be pursued unless both agree that it is indeed a matter of clarification.
Recommendations for tenure and/or promotion shall be forwarded with separate statements or arguments for tenure and/or promotion as described in Sections 5.5.7 and 5.5.8 of the Master Agreement.
The faculty member applying for promotion and/or tenure and the faculty member's department must provide ten (10) copies (original and nine [9] copies) of the completed evaluation materials (Parts I through V, Appendix, and departmental bylaws) for all applications forwarded to the college level.
5.4.1.9 These evaluations shall form a cumulative record for the basis of all recommendations of continuing appointment (including tenure and promotion) or of termination.
5.4.1.10 As promotion and tenure applications advance through the evaluation process, the statements (and appeal letters where they occur) should be added to the evaluation in the following order:
Part VI College Advisory Committee's Statement
Part VII Dean's Statement
Part VIII Faculty Review Committee's Letter
Part IX Provost and Vice President for Academic Affairs