2021-2023 UFWW CBA FINAL

COLLECTIVE BARGAINING AGREEMENT
Western Washington University and United Faculty of Western Washington
SEPTEMBER 16, 2021 THROUGH SEPTEMBER 15, 2023

PREAMBLE 2

SECTION 1 RECOGNITION AND BARGAINING UNIT 

SECTION 2 ACADEMIC FREEDOM AND RESPONSIBILITY

SECTION 3 FACULTY SENATE

SECTION 4 UFWW-WWU PARTNERSHIP

SECTION 5 MANAGEMENT RIGHTS

SECTION 6 UNION RIGHTS

SECTION 7 TENURED AND TENURE-TRACK FACULTY APPOINTMENTS, TENURE AND PROMOTION

SECTION 8 NON-TENURE-TRACK FACULTY

SECTION 9 WORKLOAD

SECTION 10 PAID PROFESSIONAL LEAVES

SECTION 11 LEAVES OF ABSENCE

SECTION 12 PROFESSIONAL CONDUCT AND CONFLICT OF INTEREST

SECTION 13 DISCRIMINATION AND HARASSMENT PROHIBITED

SECTION 14 WORKPLACE VIOLENCE

SECTION 15 INTELLECTUAL PROPERTY

SECTION 16 OUTREACH AND CONTINUING EDUCATION (OCE)

SECTION 17 DEPARTMENT CHAIRS

SECTION 18 ACADEMIC PROGRAM DIRECTORS AND ACADEMIC ADMINISTRATORS

SECTION 19 DISCIPLINARY ACTION/DISCHARGE

SECTION 20 GRIEVANCE AND COMPLAINT PROCEDURES

SECTION 21 REDUCTION IN FORCE

SECTION 22 COMPENSATION

SECTION 23: RETIREMENT

SECTION 24 FACULTY FILES

SECTION 25 WORKPLACE SAFETY AND ERGONOMICS

SECTION 26 MISCELLANEOUS

SECTION 27 DURATION

SECTION 28 PARKING

Appendix A

Appendix B

Appendix C

Appendix D




PREAMBLE

This Agreement is between the Board of Trustees of Western Washington University, the employer, hereinafter referred to as the “University or WWU,” and the United Faculty of Western Washington/UFWW, hereinafter referred to as the “Union or UFWW,” in support of the University’s mission.

SECTION 1 RECOGNITION AND BARGAINING UNIT

    1. The University recognizes the Union as the collective bargaining representative of the following unit, as certified by the Public Employment Relations Commission in Case 19049-E-04- 3022:


      All full-time and regular part-time employees of Western Washington University who are either designated with faculty status or perform faculty duties as defined in the faculty governance documents of the Employer, excluding casual or temporary employees (as defined in WAC 391-35-350(2) [those who have not worked more than one-sixth of the time normally worked by full-time employees]), administrators, confidential employees, graduate student employees, postdoctoral and clinical employees, and all other employees of the Employer.

    2. Any University administrator with a faculty appointment may teach or perform any faculty duties as defined in this Agreement.


SECTION 2 ACADEMIC FREEDOM AND RESPONSIBILITY

    1. The University and the Union agree that academic freedom is essential to the mission of the University and that providing an environment of free and honest inquiry is essential to its functioning.


    2. Academic freedom as it pertains to this contract is defined as the freedom to discuss all relevant matters in the classroom, to explore all avenues of scholarship, research and creative expression, and to speak or write as a public citizen without institutional discipline or restraint on matters of public concern, as well as on issues related to professional duties and the functioning of the University. All efforts should be made to be accurate and to show respect for the opinions of others and to make clear they are not speaking on behalf of the institution unless specifically designated to do so. Academic responsibility implies the faithful performance of academic duties and obligations and the recognition of the demands of the scholarly enterprise.


SECTION 3 FACULTY SENATE

    1. The University and the Union acknowledge the role of the Faculty Senate in shared governance. The Union represents faculty interests on wages, hours, and terms and conditions of employment. The Union shall endeavor to work collegially with the Senate.


    2. The Faculty Senate is the faculty advisory body (as described in RCW 41.76.005) that makes recommendations to the University on matters concerning academics, budget, planning, and policy.


SECTION 4 UFWW-WWU PARTNERSHIP

    1. The University and the Union recognize that an effective and harmonious working relationship will facilitate the achievement of strategic goals. This will advance the University's mission and strategic plan and provide an environment conducive to achieving excellence.


    2. A Partnership Committee, co-chaired by the UFWW president or designee and the University Provost or designee and consisting of three faculty members selected by the Union and three (3) non-faculty University representatives selected by the University, will meet quarterly, or at such times as both sides mutually agree. The purpose of the meetings is to foster communication between the University and faculty. Items for consideration by the Committee may include discussion of matters that promote collaborative relationships, and expression of opinions, ideas and concerns related to this Agreement. The Committee will serve in an advisory rather than a decision-making capacity. The Committee shall have no authority to conduct any negotiations or to modify the provisions of this Agreement.


    3. The Provost will arrange for the UFWW President to meet quarterly with the deans to discuss issues arising in implementation of this Agreement. In a reciprocal manner, the UFWW President will arrange for a meeting with members of the UFWW Executive Board and the Provost once a quarter.


SECTION 5 MANAGEMENT RIGHTS

    1. Unless specifically and expressly limited by the terms of this Agreement, the University retains all the customary and usual rights, decision making, management prerogatives, functions and authority connected with or in any way incidental to its responsibility to provide overall leadership toward achieving all aspects of the University’s mission and to manage the University or any part of it.


    2. Unless otherwise expressly restricted by a specific provision of this Agreement, the University has the sole and exclusive right, in its discretion, to exercise the following rights, which are not meant to limit the provisions of 5.1:


      1. Determine institutional quality standards in order to achieve the University’s mission and strategic goals.


      2. Control and manage operations and supervise and direct the work force.


      3. Determine academic programs to be offered, how and when courses shall be scheduled and delivered to achieve strategic goals.


      4. Determine, control and regulate operation of equipment, technology, facilities, physical plant and grounds, location of operations, closing of existing locations, and the relocation of work to achieve strategic goals.


      5. Plan, establish, modify, reorganize, create, merge or eliminate programs, departments and courses of instruction.


      6. Determine duties and responsibilities of bargaining unit members, standards of performance evaluation, assignments, responsibilities to be performed, scheduling of those responsibilities, persons employed, promotion, transfer, non- appointment, non-renewal or reassignment.


      7. Determine the number, composition and type of academic and non-academic staff.

      8. Control and direct expenditures from its funds and allocate resources.


      9. Develop, interpret, amend and enforce written policies and procedures governing the work force that do not conflict with specific provisions of this Agreement.


      10. Enter into contracts, cooperative arrangements, articulation agreements or other agreements with other educational institutions for the purpose of providing educational services to its students.


      11. Discipline and terminate bargaining unit members in accordance with the process in this Agreement.


      12. Adopt, revise and delete provisions of the Faculty Handbook.


SECTION 6 UNION RIGHTS


    1. The University will provide to the Union a roster of all bargaining unit members for the fall, winter, spring and summer quarters within fifteen (15) business days from the beginning of each quarter. The list will include, but is not limited to, the date of hire, percentage of FTE, job title, department, and (with the faculty member’s permission) available home addresses and home phone numbers.


    2. The Union and its direct representatives have the right to use University facilities on a space available basis for the purpose of holding Union meetings and conducting Union business, subject to University policies and procedures and payment of charges for use of the facilities, if any.


    3. The Union has the right to lease office space on campus, including charges for a telephone/fax line and internet access, for the duration of this Agreement. The University will determine the reasonable amount the Union will pay for the resources. The request shall be pursuant to the University’s facilities use policies and procedures.


    4. Union officers and direct representatives have the right to make de minimis use of University campus mail, fax machines, and the internet for the purpose of bargaining and implementing this Agreement. The Union shall be provided with a designated mail stop. The Union may use copiers to copy materials needed for the administration of this Agreement provided that the Union complies with University payment policies.


    5. The Union has the right to purchase course releases for the Local Union President. After reviewing staffing viability with the affected dean(s), the Union may purchase course releases for other Union members. The cost to the Union of such releases will be based on past practice negotiated by the Provost and UFWW President. The Union shall reimburse the University within 30 days of receipt of the bill.


      1. The UFWW President shall be paid a stipend of $3,500 during the summer, half of which will be paid by the University for work required by the University and half to be paid by UFWW for responsibilities representing the Union and its employees. Whenever possible the timing of summer work must be mutually agreed upon between the UFWW President and the Administration.


      2. The University shall provide two (2) course releases for the Union to assist the Union’s efforts to advance the mission of the University outside the collective bargaining and grievance processes.


    6. In the interest of promoting sustainable practices, the University will post a copy of this Agreement on the Human Resources website. The University will provide copies of the contract to individuals charged with administering the contract.


    7. Faculty members who are Union officers, delegates, or alternates shall be allowed time off to attend Union-sponsored meetings, provided the time off does not interfere with University operating needs and does not disrupt the faculty members’ teaching or librarianship responsibilities. Expenses incurred will not be reimbursable by the University.


    8. The Union shall be furnished a copy of the agenda and other public information assembled for the regular and special meetings of the Board of Trustees. These materials shall be provided at the same time they are provided to the public. The Board of Trustees Rules of Operation apply to participation in Board meetings.


    9. The University will provide space on existing bulletin boards in each major academic building for the posting of official notices of the Union regarding Union meetings or elections. Material posted on the bulletin board will be appropriate to the workplace, politically non- partisan, in compliance with the State’s ethics laws, and be signed and dated by a duly authorized representative of the Union. The University may remove any posting after forty-five (45) days.


    10. Payroll Deduction


      1. The Union shall have the right to have deducted from the salary of its members an amount equal to the fees and dues required for Union membership. Dues deductions shall begin no later than the second payroll following the University’s receipt of written notice from the Union that the faculty member has authorized dues deduction. At the beginning of the fall quarter, but not later than September 15th, the Union shall provide written notice to the payroll office of the Union’s dues for each level of membership for that academic year. Dues deductions shall be made in equal installments throughout the academic year.


      2. Once a faculty member on a non-tenure-track contract has had deductions taken, any deductions in subsequent quarters shall automatically begin with the first pay period.


      3. Deductions shall remain in effect until such time as the individual faculty member is no longer an employee of the University, or until revoked by written authorization to the Chief Steward of the UFWW by the individual faculty member.


      4. Dues deducted shall be remitted to the designated Union representative not later than ten (10) working days of the issuance of the payroll checks, along with a complete list of enrolled members and the amount deducted.


      5. The Union will indemnify and hold the University harmless against any liability which may arise by reason of any action taken by the University to comply with the provisions of this Section, including reimbursement for any legal fees or expenses incurred in connection with such action.


    11. Service to the Union shall be counted as service to the University and be evaluated as such.


SECTION 7 TENURED AND TENURE-TRACK FACULTY APPOINTMENTS, TENURE AND PROMOTION

The parties recognize the vital role that tenured and tenure-track faculty play in the academic life of the University and share a commitment to maximizing the role of tenured and tenure-track faculty in teaching at the university. Consistent with the academic mission and University resources, the University will increase the number of tenure-track positions when adding faculty.

    1. Definition. For this Section of the contract, “department” also refers to Fairhaven College and the Library.


    2. Appointments and Rank


      1. Tenure-Track Probationary Appointments (faculty not tenured, but on a tenure track). Probationary appointments are made for a fixed term (typically one (1) year) with no right to reappointment. During the term of the appointment the faculty member may be terminated only in accordance with this Agreement. Reappointment of probationary faculty is subject to the terms and conditions listed in Section 7.6.


        1. Available ranks for probationary appointments and their minimum qualifications are as follows:

          1. Assistant Professor

            Assistant professors have normally attained the terminal degree for the discipline. Candidates who have met all requirements for the terminal degree but the dissertation (ABD) may be appointed to this rank. Candidates appointed ABD must complete degree requirements by June 15th of their first year. If a candidate appointed ABD does not complete degree requirements by June 15th of the first year, the second year contract shall be a terminal contract.

          2. Associate Professor

            This rank normally includes the appropriate terminal degree and meets the standards set forth by the department and the college.

      2. Tenured Appointments. Tenure is the right to continuous appointment at the University with an assignment to a specific department or program until such time that the faculty member resigns, retires, is discharged in accordance with this Agreement, or is laid off in accordance with the Reduction-in-Force (RIF) policy defined in Section 21. Conditions of continuing appointment are subject to the terms and conditions of this Agreement and include the procedures for tenure as set forth in Section 7.7, and the process for evaluation of tenured faculty outlined in Section 7.8.


        1. Available ranks for tenured appointments are associate professor and professor.

          1. Professor

            This rank normally includes the appropriate terminal degree and meets the standards set forth by the department and the college.


      3. Opportunity Appointments


        1. Departments may request special opportunity hires, including, but not limited to, dual career assistance, diversity fellows, or outstanding academics, by following the processes and procedures in POL- U1600.01: Requesting an Appointment of Opportunity. Requests for dual career assistance appointments of opportunity shall follow PRO- U1600.01A: Requesting a Dual Career Assistance (DCA) Appointment of Opportunity.

        2. No special opportunity hires shall be made without approval of the affected department.

    3. Letters of Offer


      1. A faculty member is appointed by the President upon the recommendation of the department chair, the dean, and the Provost. The terms and conditions of appointment are contained in a letter of offer to the candidate, signed by the chair, the dean and the Provost.


      2. The letter of offer shall include: the departmental assignment to be filled, academic rank, salary, expectations with respect to the completion of advanced degrees in relation to rank and tenure, reference to this Agreement and the Faculty Handbook, the date by which the faculty member must apply for tenure, and any other accommodations negotiated by the candidate.


    4. Changes in Departmental Assignment or Appointment for Tenured and Tenure-Track Faculty


      1. The University may not require a faculty member to accept a change in assignment except as a result of the termination of a program or department of instruction. Any such change must be carried out in a manner consistent with the RIF policy defined in Section 21.


      2. Faculty members may request changes in the terms and conditions of their assignment as described in the original letter of offer. Any changes shall be agreed to in writing by the faculty member, the chair of the receiving department, the dean, and the Provost. Changes may be permanent or of specified duration. In the case of permanent changes, the faculty member relinquishes the right to return to the original contract without the agreement of the department chair, dean, and Provost. Changes of specified duration may be for a period of up to six (6) years and may be renewed by agreement of all parties. All such changes are subject to approval by the President, as appointing authority. The Union shall be notified of these changes.


    5. Departmental Standards for Evaluation


      1. Departments evaluate all tenured and probationary faculty based on written standards for each rank, set forth in the department evaluation plan.


      2. These standards reflect expectations for individual disciplines and/or multi- disciplinary approaches as appropriate for each department.


      3. The standards address only teaching and/or librarianship, scholarship or creative activity, and service.

      4. Department standards for evaluation must adhere to University and college criteria with regard to the institutional mission and accreditation standards.


      5. Department standards must be approved by a majority of tenured and probationary faculty in the department. Department standards are reviewed and approved by a college committee, the dean and the Provost for compliance with relevant college and University standards and procedures.


      6. All new faculty shall be given the department and college evaluation plan by the time they begin service at the University.


      7. The appropriate department evaluation plan shall be the governing standards unless a department adopts the college evaluation plan.


      8. In cases where departments adopt changes to the unit evaluation plan, probationary faculty may opt to be reviewed during any review described in this Section under the plan in place at the time of hire or the current plan. Tenured faculty may opt to be reviewed during any review described in this Section under the plan in place at the time of their most recent review or the current plan.


    6. Evaluation of Probationary Faculty


      1. All probationary faculty are reviewed annually until tenure is granted or the faculty member is not reappointed. The annual review shall be completed by March 1, unless an approved leave requires a postponement. Under no circumstances is an evaluation of a faculty member undertaken without that individual’s knowledge.


        1. In cases of written notice of a faculty member’s intention to resign/retire, the faculty member may choose not to be reviewed in the last year of service.

        2. The first year probationary review for new tenure track faculty who start midway through the academic year may be postponed until the second academic year.

      2. Within the academic unit, evaluation consists of the following:


        1. In the first year of appointment:

          1. The faculty member shall meet with the department chair (or dean in colleges without separate departments) to discuss any first-year goals specified in the letter of offer (such as the completion of a terminal degree).

          2. The faculty member and the chair may also discuss any activities that meet departmental standards in the areas of teaching and/or librarianship, scholarship/creative activity, and service and that demonstrate the candidate’s progress toward departmental standards for tenure.

          3. The chair (or dean) shall summarize the results of the meeting and shall provide an assessment of the faculty member in a letter of review to the dean (or Provost). The chair shall share the letter with the candidate prior to submission to the next level. The candidate shall be permitted five (5) working days to submit a response addressing any errors of fact.

          4. The dean (or Provost) shall review the chair’s letter to verify compliance with department and college standards. A copy of the chair’s letter shall be provided to the faculty member and the Provost by March 15.

        2. For all other years prior to application for tenure:

          1. The candidate shall submit a dossier with all of the materials described in section 7.7.2.1 covering the time period from the candidate’s start date at WWU. The dossier shall demonstrate progress toward tenure as defined in the departmental standards since the original appointment.

          2. Unless they are on leave, all tenured faculty (except the chair) are expected to submit an individual written assessment of the dossier and to assess whether the candidate is progressing or not progressing toward tenure. Tenured faculty on leave may, but are not required to, submit an individual written assessment of the dossier and assess whether the candidate is progressing or not progressing toward tenure. Probationary faculty, non-tenure-track faculty, and staff do not submit an assessment of the candidate’s progress.

          3. The chair writes a letter to the Dean. The letter has three (3) parts. In the first part, the chair summarizes the individual written faculty assessments and summarizes the individual assessments of the candidate’s progress towards tenure. In


            the second part, the chair writes their own complete and substantial assessment of the candidate’s dossier and assesses the faculty member’s progress towards tenure. Finally, in the third part, the chair recommends for or against renewal in accordance with 7.6.3.2. If disparities exist among the individual written faculty evaluations, the chair must include an assessment of the basis of these disparities.

          4. In instances when serious deficiencies arise that could lead to future non-reappointment, the review letter must explain the following: the specific deficiencies, measurements to determine whether they have been remedied, and the time frame allowed for correction. The faculty member should include a copy of the letter in the dossier in the following year(s) as the deficiency is remedied.

          5. The chair shall share the letter with the faculty member prior to submission to the next level. The candidate shall be permitted five (5) working days to submit a response addressing any errors of fact.

          6. The dean (or Provost) shall review the chair’s letter to verify compliance with departmental and college standards and procedures. A copy of the chair’s final letter shall be provided to the faculty member and the Provost by March 15.

      3. Conditions for Termination/Non-Renewal of Probationary Appointment


        1. The only circumstances under which a probationary appointment may be terminated during a one (1) year contract are:

          1. Dismissal as provided in Section 19.

          2. Reduction in force as provided in Section 21.

          3. Inability to perform responsibilities due to disability, in accordance with appropriate federal and state laws.

          4. Resignation.

        2. Non-renewal at the expiration of any term may occur only in circumstances where the faculty member fails to make satisfactory progress towards tenure in the period between reviews by not satisfactorily addressing serious deficiencies as outlined in the review process of Section 7.6.2.2.4. When an appointment is not renewed, written notice of non-renewal shall be provided to the faculty member by the Provost’s Office by March 15.

    7. Tenure and Promotion


      1. Eligibility for Tenure


        1. The total period of full-time service at WWU prior to the acquisition of tenure shall not exceed seven (7) years of probationary service except in cases below. Faculty shall be evaluated for tenure not later than the sixth Fall Quarter of service (or as amended by extensions described below). An unsuccessful application before the sixth Fall Quarter does not change the probationary period.

          1. Scholarly leaves of absence of one (1) year or less, except for work on an advanced degree, count as part of the probationary period, unless the individual and the President or the President’s designee agree in writing to an exception to this provision at the time the leave is granted.

          2. The total period of full-time service at WWU prior to the acquisition of tenure may be extended under the following circumstances:

            1. Maternity leave with or without pay automatically receives the extension. This extension is also available, upon application to the President or the President’s designee, to those who would otherwise be eligible but who choose not to take a leave of absence.

            2. Faculty who take compassionate leave or military leave or who have significant circumstances that can be shown to have severely disrupted the faculty member’s ability to fulfill departmental standards for tenure can request this type of extension which must be approved by the President or the President’s designee.

        2. Faculty may apply for tenure and promotion prior to the sixth year of their probationary period if they have established a record of accomplishment that meets departmental standards for teaching, scholarship, and service, based upon their annual probationary reviews.

        3. When a candidate applies for tenure and/or promotion, all relevant experience will be considered. All candidates must demonstrate a record of accomplishment at the University.

      2. Procedure for Tenure and Promotion


        1. Candidates shall submit a complete application dossier to the department chair. This dossier is compiled by the faculty member and should include an updated curriculum vita, previous annual evaluations, and departmental standards. Faculty are expected to provide the opportunity for students to complete evaluations for all sections. The teaching


          portfolio must include student evaluations of the instructional quality for at least one (1) section per year for all courses taught. The teaching portfolio may include a pedagogical philosophy, syllabi and other relevant teaching materials for courses taught during the period under review, and peer teaching evaluations by faculty colleagues. The supporting evidence for research/creative activity may include samples of completed work as well as the specific status of any work in progress. In appropriate cases dossiers may include materials from previous academic positions or other relevant experience. Supporting documentation from outside sources may also be included when available. Service in the department, college, University, community, and profession may also be documented.

          1. Once the dossier is submitted to the department for review, the candidate may not add any new evidence to the dossier, except to update the status of scholarly or creative work in progress.

        2. The department has the primary responsibility for the evaluation of the candidate’s dossier. Unless they are on leave, all tenured faculty (except the chair) are expected to submit an individual written assessment of the application along with a vote for or against tenure. Tenured faculty on leave may submit an individual written assessment of the application along with a vote for or against tenure. Probationary faculty, non-tenure- track faculty, and staff do not vote.

                  1. Departments are encouraged to use external letters of evaluation as evidence for evaluating faculty performance. If a department decides to use external letters of evaluation, the procedures for requesting external letters of evaluation and the use of those letters in the evaluation of the candidate’s application shall be specified in the departmental evaluation plan.

                  2. The chair writes a letter to the dean and the college review committee. The letter has two (2) parts. In the first part, the chair summarizes the individual written faculty evaluations, along with any external evaluations and tallies the votes of participating colleagues (not including the chair). If significant disparities exist among the individual written faculty evaluations, the chair must include an assessment of the basis of these disparities. In the second part, the chair writes their own complete and substantial evaluation of the candidate’s dossier and recommends for or against tenure. This recommendation serves as the chair’s vote. The chair does not vote independently of the recommendation.

                  1. A copy of the chair’s letter shall be shared with the candidate prior to its submission to the college. The candidate shall be permitted five (5) working days to review the letter and submit a response correcting any errors of fact.

                  2. If the department chair recommends against tenure for a probationary faculty member, the candidate has the right to submit a written response to the negative recommendation that will be included in the candidate’s dossier. The candidate must notify the chair of their intent to submit such a response within five (5) working days of receipt of the negative recommendation. The chair shall notify the college tenure and promotion committee and dean that a written response will be added to the dossier. The response must be submitted within fifteen (15) working days of receipt of the chair’s recommendation. The response must state the reasons why the candidate considers the decision incorrect. The response will accompany the candidate’s dossier along with the individual letters from department colleagues and the chair’s letter to the college tenure and promotion committee and the dean.

        3. The candidate’s dossier, evaluations by individual faculty members, the department chair’s letter, and the candidate’s response letter (if submitted) shall be forwarded to the dean of the college, who shall seek the advice of the college tenure and promotion committee, if provided for in the college evaluation plan. The committee is convened by the college. The committee shall review the candidate’s dossier in order to determine that the department’s review meets the standards set forth by that department and the college. A tenure and promotion committee member who is a member of a candidate’s department, shall not participate in that candidate’s review. The committee shall prepare a recommendation and justification based on the review, and provide a copy to the candidate and to the dean.

          1. If the college tenure and promotion committee recommends against tenure, the candidate has the right to submit a written response to the negative recommendation that will be included in the candidate’s dossier. The candidate must notify the dean of their intent to submit such a response within five (5) working days of receipt of the negative recommendation. The response must be submitted within fifteen (15) working days of receipt of the committee’s recommendation. The response must state the reasons why the candidate considers the decision incorrect. The response will accompany the candidate’s dossier with the individual letters from department colleagues, the chair’s letter, and the college tenure and promotion committee’s recommendation to the dean.


        4. Upon receipt of the committee’s recommendation, the dean shall review the candidate’s dossier and the recommendations. The dean shall make a recommendation with justification to the Provost. The dean’s recommendation shall be based on whether the department’s and college committee’s reviews meet the standards set forth by that department and the college.

          1. A copy of the dean’s recommendations and justifications shall be provided to the candidate before they are forwarded to the Provost. The candidate shall be permitted five (5) working days to review the letter and submit a response correcting any errors of fact.

        5. All candidate’s materials submitted to the dean, the review letters by the dean and the college tenure and promotion committee, and any response letter from the candidate shall be forwarded to the Provost. The Provost shall review the evidence and prepare a written recommendation with justification, copies of which shall be given to the candidate, the dean, and the chair.

          1. If the dean recommends against tenure and promotion, the candidate has the right to appeal to the Provost. This appeal must be lodged within fifteen (15) working days of receipt of the dean’s recommendation and must be in writing, stating the reasons why the candidate believes the decision is incorrect. The appeal will accompany the candidate’s dossier along with the individual letters from department colleagues, the chair’s letter, and the dean’s letter to the Provost.

          2. The Provost must respond in writing to the appeal within fifteen (15) working days after receipt of the appeal. The Provost shall prepare a written report with a recommendation and a justification, copies of which shall be given to the candidate, the dean, and the chair.

          3. If the Provost overturns the dean’s recommendation and favors tenure and promotion, all the materials will be forwarded to the President for review with an affirmative recommendation.

        6. All candidate’s materials submitted to the Provost, the Provost’s recommendation and any response letter from the candidate shall be forwarded to the President. The President shall review the evidence and prepare a written recommendation and justification. In cases where there are no appeals, a copy of the President’s recommendation and justification shall be provided to the candidate by March 15. The President shall submit their recommendation and justification to the Board of Trustees.

          1. If the Provost recommends against tenure and promotion, the candidate has the right to appeal to the President. This appeal must be lodged within 15 working days of receipt of the Provost’s recommendation and must be in writing, stating the reasons why the candidate believes the decision is incorrect. The appeal will accompany the candidate’s dossier along with the individual letters from department colleagues, the chair’s letter, the dean’s letter, and the Provost’s letter to the President.

        7. The President must respond in writing to the appeal within fifteen (15) working days of receipt of the appeal. The President will prepare a written report with a decision and a justification, copies of which will be provided to the candidate, the chair, the dean, and the Provost. The President must inform the candidate of the decision no later than May 15.

        8. If the President denies tenure in the final year of eligibility, the candidate may appeal the denial to the Board of Trustees. This appeal must be in writing, stating the reasons why the decision is incorrect and must be lodged within 15 working days of receipt of the President’s decision.

        9. The Board of Trustees’ decision shall be final.

        10. If, when the dossier reaches the dean, the Provost, or the President, the administrator feels that appropriate procedures and processes have not been followed or that the case needs some clarification, the administrator may remand the case to the appropriate lower level for reconsideration. The remand must be made in writing and must state the reason(s) for the remand. Response to the remand at the level to which the case has been remanded must take place within ten (10) working days.

      3. Tenure Evaluation Outcomes


        1. An Assistant Professor who is awarded tenure is also promoted to Associate Professor.

        2. A candidate who does not apply for tenure or withdraws from the process during the final year of eligibility is considered to have resigned from the University effective at the end of the next academic year, unless the candidate submits a letter of resignation that stipulates an earlier date.


        3. If the candidate is denied tenure in the last year of eligibility, the contract for the forthcoming year is a terminal contract. If a candidate is denied tenure in a year prior to the last year of eligibility, the candidate continues as a probationary faculty member and undergoes probationary review in the same year.

        4. The termination of probationary appointments following a negative tenure decision requires one year of notice. Notification must be given by June 15.

        5. The notice requirement is waived if a candidate fails to apply for tenure or withdraws from the process by not filing an appeal of a negative decision.

        6. A negative recommendation by the dean or the Provost satisfies the notice requirement.

      4. Process for Promotion to Professor


        1. Except as stipulated below, the procedure follows the same steps as described above for tenure cases.

        2. The candidate shall submit a dossier that includes the same relevant materials as in tenure cases, except that materials should cover the period since the hire or previous promotion (whichever is more recent) and a curriculum vitae that addresses the entire academic career. The dossier must include students’ evaluations of the instructional quality for all courses taught in the previous five years.

        3. The procedure for review of promotion dossiers follows Sections 7.7.2 through 7.7.2.5. Then, all candidate’s materials submitted to the Provost, the Provost’s recommendation and any response letter from the candidate shall be forwarded to the President. The President shall review the evidence and prepare a written decision including justification and shall inform the candidate of the decision by June 15.

        4. The process for a candidate’s appeal of a negative recommendation at any level follows Section 7.7.2.3 through 7.7.2.7 above, except that the President's decision is final and the candidate shall be informed of the decision by June 15.

        5. A candidate who is unsuccessful in their application for Professor may reapply at a future date.

    8. Post-Tenure Review (PTR)


      1. Tenured faculty shall be reviewed every five (5) years starting with their most recent promotion, unless more frequent reviews are required for accreditation. The evaluation period for the first PTR begins on September 16 of the academic year of the submission of the previous promotion dossier. The evaluation period for subsequent reviews begins on January 15 of the academic year of the previous PTR. In cases of written notice of a faculty member’s intention to retire, the faculty member may choose not to be reviewed in the last year of service.


      2. The colleges shall provide evaluation forms to be used by individual faculty. The chair shall summarize individual written faculty evaluations, record the departmental vote, and provide their own recommendation/evaluation.


      3. Faculty shall be evaluated based on departmental standards for their rank. These departmental standards shall provide for flexibility to allow for fluctuations in the relative emphasis on teaching, scholarship or creative activity, and service across the career life cycle of the individual faculty member. Faculty shall compile an evaluation dossier with all relevant evidence since their previous review or promotion.


      4. Under no circumstances is a faculty member reviewed without that individual’s knowledge. Faculty members who choose not to be reviewed fail the review.


      5. The review takes place during spring quarter and follows the same process as that for tenure and promotion (Sections 7.7.2.1 through 7.7.2.4) except that upon receipt of the committee’s recommendation, the dean shall review the candidate’s dossier and make a final evaluation. A copy of the evaluation will be sent to the candidate and the department chair.


      6. The faculty member’s performance shall be determined as having exceeded department standards, having met department standards, or not having met department standards in the areas of (1) teaching and/or librarianship, (2) scholarship/creative endeavor, and (3) service.


      7. The performance of a faculty member must meet or exceed department standards in each of the three areas: (1) teaching and/or librarianship, (2) scholarship or creative activity, and (3) service to the institution, profession, and/or community as defined in the department evaluation plan. Faculty who do not meet department standards in any area will have failed the review.


      8. Appeal of a PTR Decision


        1. The faculty member has the right to appeal the dean’s decision to the Provost. This appeal must be lodged within fifteen (15) working days of receipt of the dean’s decision and must be in writing, stating the reasons why the faculty member believes the decision is incorrect. The appeal will be accompanied by the faculty member’s dossier along with the individual letters from department colleagues, the chair’s letter, and the dean’s written decision.

        2. The Provost must respond in writing to the appeal within fifteen (15) working days after receipt of the appeal. The Provost shall prepare a written report with the decision and a justification, copies of which shall be given to the faculty member, the dean, and the chair.

      9. A faculty member who fails the review will work with the chair or designee to address the deficiency. Progress toward addressing the deficiency will be discussed within the first year. The faculty member will be evaluated again, only in the area of deficiency, within two (2) years following the failed review.


      10. Repeated failure in post-tenure review may be addressed as appropriate within Section 19 of this Agreement.


      11. When tenured faculty members present their case for promotion during a year in which they are scheduled for post-tenure review, a successful promotion evaluation fulfills the PTR evaluation requirement and will be accompanied by the salary increases included for promotion and for successful PTR.


        1. A faculty member who applies but is not granted promotion during a year when they were scheduled for review undergoes PTR that spring for additional feedback and possibility of the salary increase associated with PTR.

          SECTION 8 NON-TENURE-TRACK FACULTY

            1. Teaching Faculty


              1. Appointments


                1. Non-tenure-track faculty are usually appointed for the longest period of time that the need for their services can be anticipated by the University, not to exceed three (3) years per contract.

                2. Non-tenure-track appointments expire at the end of the contract period. Non-tenure-track faculty are not eligible for tenure, and appointments do not normally lead to a change in appointment to a tenure-track position.

                3. Prior to extending an offer, the terms and conditions of employment of a non-tenure-track faculty member must be approved by the department chair, dean, and Provost.

                4. Contracts offered to all non-tenure-track faculty shall be presented in a letter of offer that states departmental assignment, non-tenure-track faculty title, the effective dates of the appointment, compensation, benefits, the FTE, a description of specific responsibilities, and any other accommodations negotiated by the faculty member. Non-tenure- track faculty will not be expected to perform duties for which they are not paid: that is, duties not outlined in the letter of offer.

                5. Upon completion of their contract of 0.5 annual FTE or greater, all senior instructors, and all those eligible for senior instructor status at the end of any academic year, will be offered at minimum a one (1) year contract for the next academic year and an additional commitment of employment for the following academic year at a minimum of 0.5 annual FTE. If programmatic need continues to exist at the end of the two-year period, and if the senior instructor’s performance meets departmental standards, as described in 8.1.3, such senior instructors will be offered an additional two (2) year commitment. When programmatic need exists, senior instructors may be granted multi-year appointments not to exceed three (3) years.

                  Upon completion of three (3) multi-year appointments, which include two (2) year commitment periods as described in 8.1.1.5, each senior instructor will be offered at minimum a one (1) year contract for the next academic year and an additional commitment of employment for the following two (2) academic years at a minimum of 0.5 annual FTE. If programmatic need continues to exist at the end of the three (3) year period, and if the senior instructor’s performance meets departmental standards, as described in 8.1.3, such senior instructors will be offered a one (1) year contract for the next academic year and an additional commitment of employment for the following two (2) academic years.

                  For the purposes of this section, the three (3) multi-year appointments necessary to earn a three (3) year commitment will include all multi-year appointments in effect since September 15, 2012.

                6. Normally, contracts for returning non-tenure-track faculty will be awarded no later than July 15. Teaching sections may be added to existing contracts after July 15.

                7. The University will consider qualifications such as teaching experience, diversity, merit and length of service at the University when making hiring and renewal decisions. The effective recommendation for hiring non-tenure-track faculty lies with the department, and shall be conducted according to departmental policies and procedures, subject to approval of the dean and Provost. Current non-tenure-track faculty shall not be denied reappointment for the sole purpose of hiring another non-tenure- track candidate at a lower salary.

              2. Non-Tenure-Track Teaching Faculty Titles


                1. Instructor. Faculty employed for a non-tenure-track position outside the structure of tenure.

                2. Senior Instructor. An instructor who has taught a minimum of five separate academic years at 0.5 annual FTE or more at the University with satisfactory evaluations in each of those five (5) years shall be appointed senior instructor effective the following September. The 0.5 annual FTE is based upon a nine (9) month appointment at the University and on the teaching of credit bearing and/or applicable courses. Summer quarter FTE may be included in the calculation of 0.5 annual FTE. Appointment to Senior Instructor shall not result in additional duties without compensation beyond the senior instructor salary increase.

                3. Visiting Faculty. An individual may be appointed as visiting assistant professor, visiting associate professor, or visiting professor, provided the individual qualifies for the rank and the appointment is for a designated term.

              3. Evaluation of Non-Tenure-Track Teaching Faculty


                1. Non-tenure-track faculty shall be evaluated by the department chair in a manner established by the departmental evaluation plan and on the basis of expectations and duties defined in the letter of offer. The evaluation will include student evaluations of the instructional quality for all courses taught. Faculty are expected to provide the opportunity for students to complete evaluations for all sections. The department chair may consult with the tenured and tenure-track faculty of the department if deemed appropriate by the chair or the faculty member. The department chair shall summarize the results of their evaluation in a letter. The faculty member shall receive a copy of this letter and have the opportunity to respond before it is submitted to the dean. The dean will review the letter to verify compliance with departmental and college standards. A copy of the final letter shall be provided to the faculty member and the Provost.

                2. Under no circumstances shall a performance evaluation of a faculty member be undertaken without the faculty member’s knowledge.

                3. Senior instructors shall be evaluated during the last year of their commitment period as defined in Section 8.1.1.5. All other NTT faculty will be evaluated annually.

              4. Termination


                1. Termination of non-tenure-track teaching faculty during their contract term may occur due to:

                  1. Dismissal as provided in Section 19.

                  2. Reduction in force as provided in Section 21.

                  3. Inability to perform responsibilities as defined in the letter of offer.

                  4. Disability, in accordance with appropriate federal and state laws.

                  5. Resignation.

              5. Non-Renewal


                1. Senior instructors with multi-year contracts shall be given notice of non- renewal by March 15 of the final year of the appointment. Failure to provide notice will result in a terminal one (1) year contract.

                2. Non-renewal is not grievable, except when the University is not in compliance with Section 8.1.1.7 of this Agreement.


              6. Working Conditions


                1. Non-tenure-track teaching faculty shall have access to workspaces and support staff, as needed and appropriate, in order to perform duties outlined in the letter of offer.

                2. Non-tenure-track teaching faculty shall have access to materials as needed and appropriate in order to perform duties outlined in the letter of offer and as determined by the department chair and the dean. Such materials may include, but are not limited to, a computer (laptop for faculty who teach at multiple sites), access to a printer and phone.

              7. During the term of this Agreement, the parties will form a committee, with equal numbers of participants selected by UFWW and the University, for the purpose of evaluating and potentially creating a system of reviews and resulting compensation increases for senior instructors who exceed performance expectations during the term of a multi-annual contract. Recommendations of the task force will be forwarded to the parties respective bargaining teams for consideration during negotiations for a successor agreement.


            2. Research Faculty


              1. Appointments


                1. Research faculty will be offered a variable commitment of appointment, depending on the combination of State-line, self-sustaining and external funds available to support the appointment. Research faculty may be granted multi-year appointments or level of FTE reflecting the length of time such funds are available.

                2. Research faculty appointments expire at the end of the period designated in the letter of appointment as amended annually. Non-tenure-track research faculty are not eligible for tenure and appointments do not lead to a tenure-track position.

                3. Prior to extending an offer, the terms and conditions of employment of a non-tenure-track research faculty member must be approved by the department chair or program director, dean where appropriate and Provost. Typically, research faculty will be appointed within academic departments. Appointments made outside of departments must be negotiated in advance and be approved by the Provost.


                4. Contracts shall be presented in a letter of offer that states departmental/program assignment, position title, effective dates of the appointment, compensation, benefits, the FTE (subject to change depending upon funding sources), a description of specific responsibilities, and any other accommodations negotiated by the faculty member. Non-tenure-track research faculty will not be expected to perform duties for which they are not paid: that is, duties not outlined in the letter of offer.

                5. Duties assigned, as specified in the letter of appointment as amended annually, will depend upon the funding sources available to support the appointment. Research faculty whose appointments are not in academic departments engaging in instructional duties (including advising graduate students) will normally apply for and receive affiliate status in the appropriate academic department. Research faculty will be expected to actively engage in research and develop and submit proposals through Research and Sponsored Programs (RSP). Duties associated with sponsored research will be those specified in the proposal that resulted in the funding. Research faculty receiving external funding to support research will be expected to follow all relevant regulations established by RSP and the funding agency.

                6. Recruitment to the ranks of non-tenure-track research faculty may occur via either of two (2) processes. If a position is created through vacancy or new resources, the appointment will occur via a national search identical to that for tenure-track faculty recruitment processes. If an appointment of opportunity becomes available, a departmental/program search committee process will be implemented to evaluate candidates and provide recommendations to the department chair/program director. This process will follow University regulations for opportunity hires.

                7. Normally letters of reappointment will be awarded no later than May 1 for the succeeding fiscal year. Total FTE will be subject to the combination of funding sources available to support the appointment.

                8. Qualifications such as research experience, potential for grants activity, diversity, intellectual merit and ability to contribute to the mission of the department or program must be considered when making hiring and renewal decisions. The effective recommendation for hiring non-tenure- track research faculty lies with the department or program, and shall be conducted according to departmental/program policies and procedures, subject to approval of the dean (where appropriate) and Provost. Current non-tenure-track research faculty shall not be denied reappointment for the sole purpose of hiring another non-tenure-track candidate at a lower salary.

              2. Non-Tenure-Track Research Faculty Titles


                1. Research Assistant Professor. Qualifications for appointment at the rank of Research Assistant Professor are those common for entry-level professionals at the same rank for tenure-track faculty, including having attained the terminal degree for the discipline. Candidates who have met all of the requirements for the terminal degree but the dissertation (ABD) may be appointed to this rank. Candidates appointed ABD must complete degree requirements by June 15 of their first year. If a candidate appointed as ABD does not complete the degree by June 15, the second year contract shall be a terminal contract.

                2. Research Associate Professor. A Research Assistant Professor who has served at the rank for five (5) years with positive evaluations may be considered for promotion to Research Associate Professor. Promotion processes will be the same as those approved by departments/programs for promotion of tenure-track faculty to the rank, except that criteria will be based on the annual letters of appointment that specify expectations. Research Assistant Professors who are not recommended for promotion may, at the discretion of the department chair/program director, have their appointments extended at the existing rank. Appointments to the rank of Research Associate Professor may occur as the result of a recruitment process for either vacancies or appointments of opportunity should the candidate’s qualifications warrant such consideration.

                3. Research Professor. A Research Associate Professor who has served at the rank for five (5) years with positive evaluations may be considered for promotion to Research Professor. Promotion processes will be the same as those approved by departments/programs for promotion of tenure-track faculty to the rank, except that criteria will be based on the annual letters of appointment that specify expectations. Research Associate Professors who are not recommended for promotion may, at the discretion of the department chair/program director, have their appointments extended at the existing rank. Appointments to the rank of Research Professor may occur as the result of a recruitment process for either vacancies or appointments of opportunity should the candidate’s qualifications warrant such consideration.

              3. Annual Evaluation and Promotion of Non-tenure-track Research Faculty


                1. Non-tenure-track research faculty shall be evaluated annually by the department chair/program director in a manner established by the departmental/program evaluation plan and on the basis of expectations and duties defined in the letter of offer as amended annually. Should teaching duties be assigned, the evaluation will include evaluations of the instructional quality for all courses taught. The department chair/program director may consult with the tenured and tenure-track faculty of the department or other research faculty of the same rank if deemed appropriate by the chair/program director or the faculty member. The department chair/program director shall summarize the results of their evaluation in a letter. The faculty member shall receive a copy of this letter and have the opportunity to respond before it is submitted to the dean or Provost. The dean or Provost will review the letter to verify compliance with departmental and college standards. A copy of the final letter shall be provided to the faculty member and the Provost.

                2. Under no circumstances shall an annual performance evaluation of a faculty member be undertaken with the faculty member’s knowledge.

                3. Research Assistant Professors must be reviewed in their sixth year of appointment and a recommendation made concerning promotion to the Research Associate Professor level. These appointments are not eligible for tenure. Promotion may be recommended prior to the sixth year; however, the candidate must have a strong, clearly demonstrated record of achievement in order to merit approval of an early promotion. The unit in which the appointment resides will determine the process of promotion consideration, approved by the Dean or Provost as appropriate and acknowledged in writing by the incumbent. Typically it will include review and vote in the affirmative or negative by all research faculty in the unit at the rank of Research Associate Professor and above and other university tenure-track faculty as the unit director/chair might deem appropriate. Three alternative actions may be taken concerning promotion when reviewed in the mandatory year: 1) Recommend approval. 2) Recommend denial. The candidate’s appointment may then be extended for additional three-year appointments at the rank of Research Assistant Professor; 3) Recommend postponement of the decision (the unit must specifically vote on a motion for postponement).

                4. Promotion to the Research Professor level is not a function of time in rank nor length of service. Every faculty member below the rank of Research Professor must be considered each year for possible promotion. Research faculty promotions must meet all criteria and procedures that apply to tenure-track faculty promotion, except evaluation of teaching which is optional. If promotion is recommended in the last year of a Research Associate Professor’s appointment, a reappointment recommendation shall be submitted in addition to a separate promotion recommendation. The unit in which the appointment resides will determine the process of promotion consideration, approved by the dean or Provost as appropriate and acknowledged in writing by the incumbent. Typically it will include review and vote in the affirmative or negative by all research faculty in the unit at the rank of Research Professor and other university tenure-track faculty as the unit director/chair might deem appropriate.

              4. Termination


                1. Termination of non-tenure-track research faculty during their contract term may occur due to:

                  1. Dismissal as provided in Section 19.

                  2. Reduction in force as provided in Section 21.

                  3. Inability to perform responsibilities as defined in the letter of offer.

                  4. Disability, in accordance with appropriate federal and state laws.

                  5. Resignation.

              5. Non-Renewal


                1. Research faculty with multi-year contracts shall be given notice of non- renewal by March 15 of the final year of the appointment. Failure to provide notice will result in a terminal one-year contract.

                2. Non-renewal is not grievable, except when the University is not in compliance with Section 8.1.1.7 of this Agreement.

              6. Working Conditions


                1. Non-tenure-track research faculty shall have access to workspaces and support staff, as needed and appropriate, in order to perform duties outlined in the letter of offer.

                2. Non-tenure-track research faculty shall have access to materials as needed and appropriate in order to perform duties outlined in the letter of offer and as determined by the department chair and the dean or program director. Such materials may include, but are not limited to, a computer, access to a printer and phone.


          SECTION 9 WORKLOAD

            1. Responsibilities


              1. Tenured and tenure-track faculty members’ job responsibilities include a combination of teaching, advising, research or creative endeavors, and service to departments, colleges, the University, the professions, and the community. Additional responsibilities of tenured and tenure-track faculty include: advising students; attending classes as scheduled; participating in University committees; maintaining reasonable posted office hours; working collaboratively and productively with colleagues; participating in accreditation and program reviews. Distribution of workload among the job responsibilities may vary. Standards for the quality of teaching as well as standards for the quantity and quality of research and service are determined in departmental and college evaluation plans, and then used in the appropriate evaluation, tenure and promotion process.


              2. Non-tenure-track faculty responsibilities are defined in the letter of offer and normally consist primarily of teaching.


              3. Tenured and tenure-track library faculty responsibilities include librarianship, scholarship and service. Librarianship includes: reference and instructional services; collection development; bibliographic organization and control of collection; information system design and implementation; and library management. Additional responsibilities of library faculty include: participating in University committees; maintaining reasonable posted office hours; working collaboratively and productively with colleagues; participating in accreditation and program reviews. Distribution of workload among the responsibilities may vary. Standards for the quality of librarianship as well as standards for the quantity and quality of scholarship and service are determined in the library evaluation plans, and then used in the appropriate evaluation, tenure and promotion process.


              4. Non-tenure-track library faculty responsibilities are defined in the letter of offer and normally consist primarily of librarianship.


            2. Teaching Workload. The underlying principles for establishing teaching load are to meet the needs of students and program requirements effectively and efficiently, and to provide a supportive teaching/learning environment. Since teaching methods vary among disciplines, each department and college is best able to assess the efforts required in teaching in its discipline(s).


              1. The parties agree to continue stable teaching load practices for faculty that maintain the historic departmental levels of teaching or librarianship constituting one FTE workload in each college. Deans will continue to have discretion over allocating resources across departments within the college. The current collaboration between the dean and the department chairs will continue. Department chairs shall continue to have the flexibility to make changes in individual workload among faculty members due to programmatic, curricular and student needs.


              2. Class size is a component of the historic departmental level of teaching as defined in section 9.2.1. A dean may suggest an examination of class size options. A faculty member may propose to redesign a course in a way that results in a change in the historic class size. Any proposal to make adjustments to class size must be pedagogically sound, maintain quality, meet the needs of students, and be feasible within the resources of the unit/college concerned. The proposal must be approved by the department and the dean.


              3. The dean of the college will determine, in consultation with the chairs, the courses and sections to be offered and the allocation of faculty teaching workload across faculty in the department, within the resources available.


              4. In collaboration with the dean, each department shall develop a policy to determine the distribution of the departmental teaching load among its members. In determining the teaching workload of faculty members, departments will develop measures for the effort involved in teaching courses of different types and sizes and with different meeting schedules, and measures for the effort involved in other tasks (such as labs, studio classes, supervision of student projects, theses or performances, and the coordination of group activities or multiple sections). The same criteria shall apply to all faculty members in the department. The departmental policies must be approved by the dean and the Provost.


              5. With approval of the dean and Provost, tenure-track and tenured faculty may be permitted to buy out teaching workload (e.g. through grant-funded activities), provided that the overall teaching, scholarship, and service needs of the unit, as determined by departmental policy, and approved by the dean, can otherwise be met.


              6. The teaching assignments of the current tenured and tenure-track faculty members in the department shall be determined by May of the previous academic year.


              7. The department chair shall be responsible for implementing departmental policy for the distribution of teaching load according to faculty qualifications and the curricular needs of the department and the University.


            3. Libraries Faculty Workload


              1. The underlying principles for establishing workload for tenured and tenure-track library faculty are to meet the needs of the University community effectively and efficiently and to support the teaching/learning environment.


              2. In collaboration with the Department Chair of the Libraries, faculty develop a policy to determine the distribution of the librarianship load among its members. In order to provide an opportunity for promotion, such distribution must include appropriate time for scholarship of not less than an average of four hours per week, scheduled in mutual agreement with the Chair. The policies must be approved by the Dean and the Provost.


            4. Grievance


          Disputes regarding the application of Section 9.2.1 are subject to the grievance process specified in Section 20.

          SECTION 10 PAID PROFESSIONAL LEAVES

            1. Paid Professional Leaves. Professional leave is granted for the purpose of affording faculty members an opportunity to carry forward research, to improve teaching techniques or methods, or to participate in other creative endeavors which by their nature and scope enable individuals to enhance their contributions to the programs of the University.


            2. Eligibility


              1. Only tenured faculty members are eligible to apply for professional leave.


              2. Faculty members may be granted professional leave for a maximum of one (1) academic year for each leave. Professional leave may be granted to a faculty member on fractional appointment up to the fraction of an FTE that the faculty member held in the year prior to the award of the leave.


              3. Faculty members granted professional leave are required to return to the institution for a period of time equal in length to the length of the professional leave. If this requirement is not met, the person shall reimburse the University for the cost of the leave in terms of salary and fringe benefits.


              4. A person must serve a minimum of six years (or eighteen regular term quarters) at the University before the first professional leave is taken.


              5. A faculty member may not accumulate more than one academic year of eligibility for professional leave. Eligibility for professional leave accumulates at the rate of one quarter of leave per six quarters of service at the University. For tenured faculty members on fractional appointments, eligibility for professional leave accumulates at a rate proportional to their appointment.


              6. Leaves of less than one academic year may be requested or awarded. Leaves may not be divided into segments of less than one quarter. Should a person apply for or be awarded fewer quarters of leave than the accumulated quarters of eligibility, they shall be eligible to apply for the remaining quarters of eligibility in succeeding years.


              7. Certain periods of other types of leave, at the request of the faculty member and with approval of the chair, dean and Provost, may be counted as service to the institution for accumulation of professional leave benefits. (e.g., leaves of a compassionate nature, protected medical leave and leaves that serve the academic missions of the institution.) No more than three (3) quarters of leave (of any type) may be counted toward eligibility for professional leave.


              8. Total professional leaves at any one time are limited by statute. Therefore, the department must develop long range plans for scheduling applications for leaves to minimize the impact on student progress.


            3. Professional Leave Benefits


              1. If no other form of compensation is involved, such as grant funds, stipends, or fellowships, compensation by the University shall be an amount equal to the normally contracted salary for the period of the leave, provided that such compensation does not exceed the limits set by the law. (Note that current law limits the amount that can be paid faculty. RCW 288.10.650 states that remuneration from State general funds and general local funds for any such leave granted for any academic year shall not exceed the average of the highest quartile of a rank order of salaries of all full-time teaching faculty holding academic year contracts or appointments at the institution or in the district.)


              2. Faculty members are encouraged to seek external grants, fellowships or other sources of support to supplement the University leave salary. Faculty members may supplement the University salary from outside sources to defray additional costs of travel, relocation of the faculty member and dependents to the location of the sabbatical project, and project expenses, provided prior written approval from the Provost is obtained. Supplementary income is also subject to the following conditions:


                1. If earning outside support requires work unrelated to the purposes of the leave, approval shall not be given.

                2. If the source of the supplementary salary is a scholarship or fellowship, no approval is necessary.

                3. If the supplementary salary is from a grant or a contract administered by the University, the total of the University salary and the supplementary salary may not exceed the contracted salary of the faculty member.

              3. During each academic year the University shall make a good faith effort to grant as many professional leaves as permitted by law.


              4. Disagreement over professional leave decisions regarding the merit of the proposal are not subject to the grievance procedure (Section 20).


            4. Reports


              1. Within one (1) quarter after the faculty member returns from professional leave, the faculty member shall provide a written report to the chair, dean, and Provost, describing what was accomplished during the leave, including the benefits of the leave. The faculty member may be requested to present or provide a public lecture or, in some other way, share the benefits of the leave with the rest of the University community.


              2. Faculty members who fail to submit the report required by this section, following a reasonable reminder to do so, shall not begin accumulating quarters of eligibility for future professional leave until the report is submitted.

            5. Application Procedure


              1. The Provost shall issue a call for applications for professional leave by mid- September.


              2. The following information is to be supplied in an application form, which is obtained from the appropriate Dean:


                • The number of quarters and dates of leave desired;

                • A detailed statement of the applicant’s plans for utilizing the time requested;

                • A detailed description of how the proposed activities contribute to the individual’s area of study, professional development, and contributions to the University;

                • Names of institutions and individuals with which the applicant shall be associated, together with pertinent itineraries and specific dates;

                • A statement of any time to be spent on other duties and any compensation to be received;

                • A current vita;

                • In cases where technical support is required for the project, a statement of support costs and how these shall be met;

                • Additional material in support of the proposed program such as examples of the applicant’s work; and

                • Copies of reports of any previous professional leaves and reports of the results of any summer research or teaching grants or faculty development grants the faculty member may have received over the previous three years. The application should also include descriptions of any applications for summer research or teaching grants or faculty development grants that are still pending decision.

              3. Upon receipt of materials from the applicant, the chairperson’s recommendation to the dean shall include an evaluation of the merits of the proposal and the benefits the activity described in the proposal could provide the faculty member and the programs offered in the department, college and/or University.


              4. In making the recommendations to the dean, the chairperson shall describe the impact of granting the leave on the department’s course offerings and students’ progress.


              5. The completed application shall be submitted by the chairperson to the dean of the applicant’s college by October 15.


            6. Review Procedure


              1. The application shall be judged on the basis of the following criteria:

                • Academic or scholarly significance;

                • Soundness of design, procedure, or operational plan, including clear objectives and timeline;

                • Relationship of planned activity to individual’s area of study and professional development;

                • Expected outcomes and benefits, including dissemination of results;

                • Evaluation of applicant’s ability to achieve the proposed goals;

                • Value of the project in terms of academic benefits to the institution upon the applicant’s return from the leave.

              2. The dean of each college, in cooperation with the appropriate chairperson(s), shall evaluate all applications from the college. The deans of the colleges may implement additional review procedures at the college level consistent with the policies of the respective colleges. The merits of the application and the expected benefits to the individual, department, and the University shall be assessed using the criteria in 10.6.1.


              3. The deans shall forward all applications with their recommendations to the Provost by November 15. The Provost, advised by a faculty committee composed of six (6) members, shall make the final decisions regarding the professional leave awards. The faculty committee shall be selected by the Provost from among those faculty members who have returned from professional leave within the previous three years. As far as possible, committee membership shall include faculty representing the different disciplines, though it is not the intent that each college shall regularly have a representative on the committee. The committee members serve three (3) year terms, two (2) members of the committee being replaced each year. The Provost shall notify the applicants and their chairpersons and deans of the decisions and provide them a written explanation of the basis for the decision by January 31st.


          SECTION 11 LEAVES OF ABSENCE

            1. Paid Leaves


              1. General Eligibility


                1. A faculty member becomes eligible for leaves on assuming an appointment with the University and commencing employment.

                2. Faculty members are not eligible for benefits beyond the end of their contract period, or as defined more specifically below.

                3. Faculty members employed for the summer session are eligible for benefits during that summer such that the total of salary and benefits does not exceed their summer contract.

                4. Further eligibility requirements apply to certain paid leaves as specified below.

                5. If the faculty member is not employed during the summer and the condition starts between June 16 and September 15 of a given year, benefits begin September 16.

              2. Definition of Terms. “Family members” shall mean members of the same immediate or extended family, such as spouse, domestic partner, sibling, parent, legal guardian, or child.


              3. Interaction with State and Federal Laws


                1. Paid leaves provided by this Section will, to the extent permitted by law, run concurrently with any period of leave to which the faculty member is entitled under state and federal law, including the federal Family and Medical Leave Act.

                2. The Washington Paid Family and Medical Leave Act (“WPFML”) is a separate benefit established by law and administered by the State of Washington, and is therefore independent of this Agreement. Information about eligibility, benefits and application procedures for WPFML can be found at: https://paidleave.wa.gov. The granting of any leave in this Section (Section 11 Leaves of Absence) does not preclude a faculty member from seeking leave through WPFML.


              4. Short-term Medical Leaves


                1. Definitions

                  1. A short-term medical illness or accident is one that prevents a faculty member from discharging their responsibilities for two weeks or less. Procedures for covering a faculty member’s responsibilities during a short-term medical leave are developed by each department or college to cover the unique conditions of that unit. A short-term medical leave may be used by faculty who must care for a family member who is injured or ill.

                  2. A faculty member is deemed to have a recurrent short-term illness when the total number of days of service missed as a result of the medical condition exceeds two weeks in an academic year but a disability is not claimed to exist. When a faculty member has a recurrent short-term illness, the Provost or designee may require verification of the illness by the treating physician. The Provost or designee may also require that the faculty member present evidence that they are receiving treatment to remedy the condition. The faculty member shall be referred to Human Resources to determine eligibility for protected medical leave and/or extended medical leave in coordination with the Provost’s Office.

                2. Eligibility. All faculty members are eligible for short-term medical leave benefits beginning with the first day of the medical condition.

                3. Benefits. While eligible for benefits, faculty members on short-term medical leaves will receive:

                  1. Full pay and full status.

                  2. Standard contribution to retirement and health and disability plans.

                  3. Continuation of all other financial benefits.

              1. Maternity Leave


                1. Definition. Leave for maternity will cover the period in which a mother is unable to perform her faculty duties prior to, during, and after childbirth.


                2. Benefits

                  1. Paid leave for maternity will cover the period of disability prior to, during, and after childbirth as determined by the


                    faculty member’s attending health professional and will be for one (1) quarter or its equivalent, but not to exceed twelve weeks. More leave may be granted if needed for medical reasons. (See also Sec. 7.7.1.1.2.1 regarding delay of tenure decision.)

                  2. In the event an extended leave is medically necessary, the maternity leave period is considered as part of the one hundred eighty (180) calendar days maximum medical leave described in section 11.1.5. Paid maternity leave will run concurrently with any state or federally protected leave benefits for which the faculty member may be eligible.

                  3. Faculty members on maternity leaves will receive benefits as in sections 11.1.4.3.

                  4. Up to three (3) quarters of maternity or related extended medical leave will be counted in determining eligibility for professional leave.

                3. Parental Leave

                  Tenure-line faculty and non-tenure-track faculty with multi-year contracts will be entitled to up to one (1) full quarter of paid leave to care for a new child, a newly adopted child, or a child placed into foster care. Parental leave must be taken within one (1) year following the birth or placement of the child. Faculty members who choose to begin parental leave at the time of birth or adoption will be provided with paid leave until the end of the quarter in which the birth or placement occurs; faculty members who choose to begin parental leave at the start of a quarter, including the quarter in which the birth or placement is expected, will be provided paid leave for the entire quarter. Parental leave will run concurrently with available medical and/or maternity leave. Faculty members are expected to provide at least thirty (30) days written notice of anticipated parental leave when possible. With

                  approval from the supervising dean, parental leave may be extended as unpaid leave.

              2. Extended Medical Leaves. It is the intent of this policy to aid faculty through periods of disability and to encourage full and speedy recovery.


                1. Definition. An extended medical condition means the incapacity to perform faculty duties for a period of more than two (2) weeks, resulting from accident, illness, or recurrent short-term illness. Use of medical leave up to one hundred eighty (180) calendar days may be part or full time depending on medical documentation.


                  11.1.5.2

                  Eligibility



                  11.1.5.2.1

                  Tenured and tenure-track faculty are eligible for extended medical leave based on the FTE at the time of the leave and medical documentation. Non-tenure track faculty with 0.5 or greater appointment with a year or more of cumulative service are eligible for one hundred eighty (180) calendar days of medical leave or until the end of the contract, whichever is shorter. Benefits for non-tenure-track faculty will be provided only during the contracted service period and may not exceed the length of service with the University.


                  11.1.5.2.2

                  Any faculty member on extended medical leave must submit to the office of the President or President’s designee a verification of the medical condition.

                  11.1.5.3

                  Benefits



                  11.1.5.3.1

                  Leave shall be given for each separate case as required for recovery to resume normal duties up to the maximum time specified in 11.1.5.2.1.


                  11.1.5.3.2

                  In general, benefits are awarded for a period of one hundred eighty (180) calendar days or for the period in which the individual is unable to perform assigned duties, whichever is shorter.


                  11.1.5.3.3

                  Faculty members on extended medical leaves will receive benefits as in Section 11.1.4.3.


                  11.1.5.3.4

                  If the need for medical leave continues beyond one hundred eighty (180) calendar days, the faculty member may receive long-term disability insurance benefits, provided that the faculty member has elected to carry such long-term disability coverage as part of their insurance package and qualifies under the rules of that plan.


                  11.1.5.3.5

                  Up to three (3) quarters of extended medical leave will be counted in determining eligibility for professional leave.

                  11.1 .5.4 Administration of Extended Medical Leaves

                          1. Human Resources will inform faculty members of documentation required for extended medical leave. In coordination with the Provost's office, Human Resources will confirm necessary documentation and employment status for eligibility for extended medical leave.

                          2. Before resuming normal duties, the university may require a certificate of ability to return to normal duties.


                          3. Termination of extended medical leave benefits shall be preceded by advance written notice to the individual concerned and such termination is made through an official Personnel Action form.

                          4. In the event that a faculty member is assigned the teaching duties of a colleague taking extended medical leave, the dean and chair shall confer regarding appropriate release time or compensation.

              3. Compassionate Leave


                1. At the discretion of the President or President’s designee, a faculty member may be granted a paid compassionate leave of up to one (1) month to allow the faculty member to attend to family matters. This leave may be taken for the care of a family member.

                2. Family matters are those involving family members (see 11.1.2).

                3. Faculty members on compassionate leaves will receive benefits as in Section 11.1.4.3.

              4. Bereavement Leaves


                1. Definition. A bereavement leave is a leave to attend the funeral, memorial service, or other ceremony after the death of a family member, as defined in 11.1.2.

                2. Benefits

                  11.1.7.2.1. A bereavement leave may last up to a period of no more than one (1) week.

                  11.1.7.2.2 Benefits are as in Section 11.1.4.3.

              5. Leaves for Jury or Court Duty


                1. Faculty members serving on juries or as witnesses in legal actions shall attempt to arrange their court obligations to minimize interference with their classes and other University responsibilities

                2. Benefits

                  1. Faculty shall retain full pay and status during such periods, less that amount received as remuneration for service on the jury.

                  2. The period of leave for jury or court duty (excluding compensated service as an expert witness) will be counted as full-time service in determining eligibility for professional leave.

                  3. In the event that a faculty member assumes the teaching duties of a colleague on jury duty for more than two (2) weeks, the dean and chair shall confer regarding appropriate compensation.

            1. Leaves Without Pay


          Extended leave without pay or benefits may be granted at the discretion of the President and the Board of Trustees upon the recommendation of the chairperson and dean. The types of such leave include unpaid compassionate leave, leave for elective office, and leaves for academic pursuits.

              1. Definitions


                1. Unpaid compassionate leave: A leave of up to one (1) month may be granted for the care of someone other than a family member as defined in 11.1.2 who is injured or ill. If such a leave is granted, the parties to this Agreement will be notified of the decision. This leave may also be taken for (i) the administration of the estate or the disposition of other legal matters on behalf of a family member, or (ii) extended bereavement.

                2. Leave for elective office is a leave that allows a faculty member to campaign for office or to serve in an elected office.

                3. Leave for academic pursuit is a leave that allows a faculty member to engage in scholarly or creative activity, in special studies, or in professional development.

              2. Eligibility


                1. Leaves without pay may be granted to faculty members with one (1) or more years of service.

                2. Requests for leaves without pay shall be made through the faculty member’s chair or dean, as appropriate, and shall contain a statement of the applicant’s purpose and plan.

                3. When possible, requests for leave shall be made at least two (2) quarters in advance of the beginning of the leave. Requests for extension of leave shall follow the same rule.

              3. Benefits


                1. A faculty member securing a leave without pay shall receive a written statement from the President or President’s designee indicating the times when the leave is to begin and end. For probationary faculty, leave without pay does not count toward the period of service for tenure, unless an agreement to the contrary is made in writing.


                2. Leave may be granted for a period of time of up to one (1) year, upon the recommendation of the chairperson or dean and approval by the President or President’s designee. Leave may be extended for an additional two (2) years. In case a faculty member is elected to public office, the leave shall extend through the initial term of that public office.

                3. Upon returning, the faculty member shall resume the same position, unless the individual was promoted while on leave.

                4. The faculty member’s leave proposal shall specify the date the faculty member will return to work. Any extension must be requested a full quarter before the end of the leave.

                5. The faculty member returning from leave shall be entitled to pay at the rate the individual would be receiving if in continuous service.

                6. A faculty member who has a work assignment at the university for at least one (1) day a month during a leave without pay will be eligible for continued paid benefits. If this condition is not met, faculty may elect to continue certain benefits on a self-pay basis. A faculty member who takes a leave without pay for academic pursuits may receive certain insurance and retirement benefits while on leave, provided that, in the opinion of the dean and the President or President’s designee, the purposes of the leave directly benefit the institution, and provided that the compensation available to the faculty member on leave is less than the compensation (including benefits) the faculty member would have received had they remained in the University’s employ.

                7. Up to three (3) quarters of compassionate leave without pay, or of extended military leave without pay, shall be counted in determining eligibility for professional leave. For the remaining types of leave without pay, the faculty member may include in their request that up to three (3) quarters of this leave count in determining eligibility for professional leave, and the President or President’s designee will decide this matter and inform the faculty member of the decision in writing at the time the leave is granted.

            1. Military Leaves


              1. Paid Military Leave


                1. The following legal provision applies to faculty and can be used when the faculty member cannot conveniently arrange to serve a period of active duty outside the academic year or summer session for which she or he is employed. Faculty members are entitled to military leave with pay not to exceed twenty-one (21) working days during each year, beginning October 1st and ending the following September 30th, in order to report for active duty, when called, or to take part in active training duty in such manner and at such time as they may be ordered to active duty or active training duty in the Washington National Guard or the Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps reserve of the United States or any organized reserve or armed forces of the United States. Such leave will not result in any reduction of benefits, performance ratings, privileges or pay. During paid military leave, the faculty member will receive their normal base pay.

                  11.3.3.2 Paid military leaves will count as service towards professional leave.

              2. Unpaid Military Leave


          In addition to paid military leave provided pursuant to Section 11.3.3, faculty members will be granted a military leave of absence without pay for service in the armed forces of the United States or the State of Washington, or in connection with the military deployment of a spouse during a period of military conflict, to the extent required by applicable state and federal law.

          SECTION 12 PROFESSIONAL CONDUCT AND CONFLICT OF INTEREST

            1. Faculty members are expected to observe in all actions the highest standards of ethics consistent with the State of Washington statutes, the regulations of the Executive Ethics Board and its advisory opinions, and all policies of the University Board of Trustees. Faculty have a duty to comply with the Faculty Code of Ethics found in Appendix E of the Faculty Handbook.


            2. Faculty members are expected to avoid “conflict of interest” and “conflict of commitment” as defined below:

              1. A conflict of interest is any conflict between the private interests of the faculty and the public interests of the university including conflicts of interest specified under Washington statutes.


              2. A conflict of commitment is any activity which interferes with the full performance of the faculty’s professional or institutional responsibilities or obligations.


            3. The following policies are incorporated into the collective bargaining agreement by reference:


              1. The University Policy on Financial Disclosure for Externally Funded Projects [POL-U5400.20, as revised from time to time];


                    1. The University Policy on Consulting and Other Compensated Professional Activities [Section B of Faculty Handbook];


                    2. The Policies Governing Procedures for the Use of Animals in Research and Teaching at Western Washington University, as revised from time to time;


                    3. Policies & Procedures for the Review of Research Involving Human Subjects [Appendix 9 of the Faculty Handbook].


            4. Faculty shall not engage in misconduct in research and scholarship, defined as:


              1. The intentional fabrication or falsification of data, research procedures, or data analysis; plagiarism; or other fraudulent activities in proposing, conducting, reporting, or reviewing research.


                1. Fabrication is making up data or results and recording or reporting them.

                2. Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record.

                3. Plagiarism is the appropriation of another person’s ideas, processes, results, or words without giving appropriate credit.

                      1. The willful failure to comply with federal, state, or University requirements a) for protecting researchers, human subjects, and the public during research and b) concerning the humane treatment of animals used in research.


                      2. The use of research funds, facilities, or staff for unauthorized and/or illegal activities.


                      1. Research misconduct does not include honest errors, honest differences of opinion or differences in interpretation or judgments of data.


                      2. Procedures for handling misconduct under this section are provided in Appendix 6 of the Faculty Handbook. Any adjudication or appeal resulting from the process shall follow Sections 19 or 20 of this Agreement.


            5. Faculty shall not use the facilities, equipment, or services of the University in connection with any activity creating a conflict of interest.


            6. No faculty member shall participate in any University decision which involves the appointment, evaluation, promotion, retention, or dismissal of a family member or a person with whom they have an intimate personal relationship or which might have a direct effect on the condition of employment with the University of a family member or a person with whom they have an intimate personal relationship.


            7. No faculty member shall review, audit, or administer public funds under the control of another family member or a person with whom the employee has an intimate personal relationship.


            8. When a faculty member discovers that their duties will lead to making decisions regarding the appointment, evaluation, promotion, retention, or dismissal of a family member or a person with whom they have an intimate personal relationship, they will promptly inform their immediate supervisor (chair, director, or dean) and request that those duties be assigned to a different faculty member.


            9. Members of the same family or persons in an intimate personal relationship may be employed by the University on the faculty in the same department or in different departments so long as each person meets the standards of qualification, and adheres to Sections 12.6 and 12.8.


            10. The relationship faculty have with students carries the added responsibility to both the student and the University for the relationship to remain free of abuse of power or favoritism, or the appearance of abuse of power or favoritism.


            11. Except for changes required by external agencies, law, regulations or court decisions, the Union will be given notice of any proposed changes to the policies referenced in this Section and the opportunity to bargain over these changes.


          SECTION 13 DISCRIMINATION AND HARASSMENT PROHIBITED

            1. The University and the Union are committed to the principle of equal employment and educational opportunity as expressed in various state and federal laws and in University policies, including, without limitation, laws and policies on prohibiting illegal discrimination, sexual and other harassment, and bullying. See relevant policies: “Ensuring Equal Opportunity and Prohibiting Discrimination and Retaliation” (POL-U1600.02); “Accommodating Persons with Disabilities” (POL-U1600.03); “Preventing and Responding to Sex Discrimination, Including Sexual Misconduct” (POL-U1600.04): “Implementing Affirmative Action Program” (POL- U1600.05): and “Prohibiting Intimate Personal Relationships Between Supervisors and Supervisees” (POL-U1600.06). See also the Code of Faculty Ethics found in Appendix E of the Faculty Handbook. University policies on these subjects are published on the university website. The University agrees to give the Union at least 30 days’ notice of changes and/or additions to these policies and/or the additions of new policies and the opportunity to bargain over these changes and/or additional new policies.


            2. Faculty who violate policies and laws referenced in Section 13.1 are subject to discipline as described in Section 19 and have rights to Union representation and grievance procedures as described in Sections 19 and 20.


          SECTION 14 WORKPLACE VIOLENCE

          14.1 The University is committed to maintaining a work environment that is as free as possible from acts or threats of violence. The University will continue to make all reasonable efforts to protect the safety and security of faculty and the university community, and will maintain appropriate written policies for dealing with violence in the workplace. Faculty will not commit any act of violence nor engage in any threat or implied threat of violence. Faculty who violate this Section or University policies on this topic are subject to discipline, as found in Section 19.


          SECTION 15 INTELLECTUAL PROPERTY

            1. The Patent and Copyright Policy [POL-U4520.03] is hereby modified and incorporated by reference into this Agreement as Appendix A. Except for changes required by external agencies, law or regulation, or court decision, the Union will be given notice of proposed changes and the opportunity to bargain over those changes.


            2. The Union and the University reaffirm the rights of faculty as described in PCC GUIDELINES FOR ALLOCATION OF COPYRIGHT [POL-U4520.03]. The Union and the University agree that faculty shall have exclusive rights to all copyrightable material that is not a work for hire. Material is not work for hire if it is produced within the scope of a faculty member’s normal responsibilities. Such material created by the faculty member remains the intellectual property of the author/inventor/creator, regardless of whether it is stored in paper or electronic form in university-owned cabinets, computer files, course management systems, course delivery systems or electronic storage devices. Works for hire are the result of a faculty member having been commissioned in writing by the University to produce a specific work that is explicitly out of the norm of regular duties as defined in the Agreement.


          SECTION 16 OUTREACH AND CONTINUING EDUCATION (OCE)

            1. Definitions

              1. Summer Session. A finite and specific collection of individual course offerings made available to all eligible members of the campus community and general public. (Summer session teaching assignments are made through the special Summer Session contract. Summer Session is not synonymous with summer, the season of the year. The University offers numerous courses and programs during the summer months that are not official Summer Session offerings and do not use the special Summer Session contract. Those categories of work are governed by the same rules that apply at all other times of the year.)


                    1. Cohort Program. A fixed and closed offering of tightly sequenced courses generally made available only to admitted and enrolled members of the cohort group, and not available to the wider community. Cohort classes can be delivered through a variety of modalities.


                    2. Online Course. A course delivered entirely through technological means and lacking any regular or significant face-to-face instructional component. For purposes of this definition, “hybrid,” “blended,” or mixed modality courses are not considered to be “online.”


            2. All credit-bearing courses offered through OCE, including summer session, online, and independent learning courses, are bargaining unit work and covered by the provisions of this Agreement.


            3. Any credit-bearing course or program developed for OCE shall be subject to the same curricular review and approval process that applies to all other credit-bearing University courses.


              Adapting an existing course for OCE shall require approval by the department, the curricular body within the relevant college, and approval of the dean.


            4. Credit-bearing OCE courses, including summer courses, will count toward FTE percentage for non-tenure-track (NTT) faculty for the purpose of determining eligibility for benefits and senior instructor status.


            5. Compensation for all credit-bearing OCE courses will be subject to the terms of this agreement. Maximum class size will be determined by the department. The University shall provide necessary administrative and technical support for teaching a credit-bearing OCE course.


            6. Correspondence courses, non-credit-bearing instruction, and non-instructional work contracted through OCE are governed by University Policy 5400.18. Work governed by 5400.18 cannot be used to compute workload, FTE level, or benefits eligibility.


            7. Faculty may teach one or more courses above their regular teaching load with a recommendation from the department chair and approval by the dean.


            8. Summer Session


              1. All departments shall maintain a written policy governing the assignment of Summer Session classes. Changes to these policies must be approved by a majority of tenured and probationary faculty, the faculty governance committee, the dean, and the Provost.


              2. The dean, after consulting with departments, determines the Summer Session schedule. Departments determine faculty assignments for summer session offerings according to their established policies regarding such faculty assignments. The dean may request from the department a rationale for individual course offerings. Once Summer Session registration begins, individual course offerings may be cancelled for enrollment reasons only in accordance with 16.11.


            9. Correspondence and Contracted Independent Study. Correspondence and contracted independent study courses are not counted in workload or FTE computations. They are governed by University Policy 5400.18.


            10. Online courses


              1. With departmental and dean approval, faculty may teach online courses as part of their regular teaching load.


              2. Course enrollment policies and caps for online courses shall be set by the department and dean.


              3. The dean, after consulting with departments and OCE, determines the schedule of online courses for the academic year. Departments determine faculty


          assignments for online courses during the academic year. The dean may request from the department a rationale for individual course offerings.


            1. Course Cancellations for Low Enrollment. Excluding study abroad, no OCE courses with more than five students may be canceled without the consent of the faculty member. If a course enrolling five or fewer students is to be canceled, the faculty member must be notified in writing by the chair or the Dean that the contract is canceled a minimum of two (2) weeks prior to the first day of the quarter. A faculty member may choose to cancel a course with more than five (5) students for pedagogical reasons but must do so no later than two weeks prior to the first day of the quarter.


            2. Cohort Programs, Off-Campus, and Special Duties Assignments. Tenured and tenure- track faculty teaching in a cohort program may do so as part of their regular load or paid as an extra teaching assignment.


          SECTION 17 DEPARTMENT CHAIRS

            1. Appointment. Department chairs are appointed upon the joint recommendation of the dean and department based on the process established in the department and college evaluation plans, and subject to approval by the Provost. Only tenured faculty (or previously tenured emeritus faculty) are eligible to be department chairs. Department chairs must be eligible to be members of the Union’s bargaining unit, as described in Section 1. The appointment is for a fixed term set by the college.


            2. Evaluation


              1. Based upon input from the department faculty through the process described in the department and college evaluation plans, the dean shall periodically evaluate the chair and meet with the chair to discuss the results of the evaluation. Based on the evaluation, the dean and the department chair jointly develop performance goals. If during the term of the appointment, the chair fails to fulfill responsibilities outlined in 17.3.1, the dean may remove the chair.


              2. In faculty review processes such as Post-Tenure Review, the teaching or librarianship, scholarly or creative activity, and service achievements of the chair will be assessed proportionally to the position appointment. The FTE of the chair is established by the reduction in teaching load as described in 22.5.4 of this Agreement.


            3. Responsibilities and Leadership Role


              1. The chair, with appropriate consultation with department faculty and staff, is responsible to the department, the college, and the university for performing the following duties:


                • Recommending appointment of new faculty and staff, including opportunity hires;

                • Administering the space and equipment allocated to the department;

                • Budget management and authority;

                • Addressing student and faculty concerns by using the relevant university procedures;

                • Administering faculty and staff development and performance reviews;

                • Reviewing and evaluating faculty tenure and promotion cases;

                • Developing and maintaining departmental records;

                • Managing the department’s resources;

                • Providing information to the dean in a timely manner for use in personnel and departmental resource decisions; and

                • Other duties assigned by the dean.

              2. The chair, with appropriate consultation with department faculty and staff, also provides a leadership role in the following areas, as defined by the department’s evaluation plan:


                • Faculty teaching assignments and workloads;

                • Course scheduling;

                • Curricular planning; and

                • Effective communication within the department.

          SECTION 18 ACADEMIC PROGRAM DIRECTORS AND ACADEMIC ADMINISTRATORS

            1. Academic Program Directors


              1. Appointment. A faculty member who has been formally assigned the responsibilities in Section 18.1.2 by the Provost or dean shall be appointed to serve as an academic program director for a fixed term. The appointment and its specific responsibilities must be documented in writing.


              2. Responsibilities. The responsibilities of the academic program directors vary depending on the size and complexity of the program. Academic program directors are responsible for leadership of the program, including planning, curriculum, staff development and evaluation, managing the program’s resources; and developing and maintaining program records, providing information to the Provost or dean in a timely manner for use in personnel and program resource decisions, and facilitating the harmonious functioning of the program.


              3. Evaluation. With input from the faculty and staff related to the program, the Provost or dean conducts a periodic performance evaluation of the director and review of the position, including workload and job expectations, and meets with the director to discuss the results of the evaluation and position review. Based on


                the evaluation, the Provost or dean and the director jointly develop goals for the following year. If, during the term of the appointment, the director fails to fulfill the responsibilities described in 18.1.2 or in the written letter of appointment in a satisfactory manner, the Provost or dean may remove the director.


                1. In faculty review processes such as Post-Tenure Review, the teaching or librarianship, scholarly or creative activity, and service achievements of the academic program director will be assessed proportionally to the position appointment. The FTE of the academic program director is established by any reduction in teaching load as described in 22.6 of this Agreement.

            2. Academic Administrators


              1. Appointment. Academic administrators normally are appointed by the Provost or dean following a formal search to a twelve (12) month position for a fixed term with option to renew and can be part-time or full-time depending on the specific position. The appointment and its specific responsibilities must be documented in writing.


                1. As faculty, academic administrators are eligible for the leaves in Sections 10 and 11 of this Agreement and accrue and expend vacation leave in the same manner as other faculty with twelve-month appointments.

              2. Responsibilities. Academic administrators have similar responsibilities to those of academic program directors listed in 18.1.2. In addition, academic administrators normally have supervisory and budgetary authority over their programs, centers, and/or institutes. The specific responsibilities of the position will be outlined in the formal letter of appointment.


              3. Evaluation


                1. With input from the faculty and staff related to the program, center, or institute, the Provost or dean conducts a periodic performance evaluation of the academic administrator and review of the position, including workload and job expectations, and meets with the academic administrator to discuss the results of the evaluation and position review. Based on the evaluation, the Provost or dean and the academic administrator jointly develop goals for the following year. If, during the term of the appointment, the academic administrator fails to fulfill the responsibilities described in 18.2.2 or in the written letter of appointment in a satisfactory manner, the Provost or dean may remove the academic administrator.


                2. If they are tenured or tenure-track faculty, academic administrators undergo faculty evaluations, such as Post-Tenure Review, as described in Section 7 of this Agreement. The teaching or librarianship, scholarly or creative activity, and service achievements of the academic administrator will be assessed proportionally to the fraction of the faculty appointment of the academic administrator.1
                  Footnote 1 For example, if a faculty member has a 1.0 FTE appointment as an academic administrator and is required to do no teaching and/or librarianship or scholarship and/or creative activity, faculty members in the academic administrator’s department or college will only evaluate the academic administrator’s service. Such academic administrators will be judged to have met department standards in teaching or librarianship and/or scholarship and/or creative activity if their responsibilities as an academic administrator replace their responsibilities in teaching or librarianship and/or scholarship and/or creative activity.


          SECTION 19 DISCIPLINARY ACTION/DISCHARGE

            1. No faculty member shall be disciplined or discharged without just cause. Historical guidelines commonly used by arbitrators can be found in Appendix B.


            2. The University shall employ, where appropriate, progressive discipline, including but not limited to the following steps: verbal warning, written warning, suspension without pay, and discharge. The University shall tailor discipline to respond to the nature and severity of the offense, and will not be required to apply progressive discipline where the University reasonably believes that the severity of the alleged offense calls for the imposition of discipline at an advanced step.


            3. Disciplinary Procedures


              1. Informal meetings between the University and faculty regarding workplace issues are encouraged.


              2. Faculty shall be given a fair and reasonable opportunity to respond to complaints which could result in discipline. Discipline shall not result from prior incidents or complaints to which the faculty member has not had a reasonable opportunity to respond.


              3. If, prior to or during a meeting between the University and a faculty member, the faculty member reasonably concludes that discipline could result, the faculty member shall be entitled to representation by the Union. If necessary, the meeting may be suspended for a reasonable time to obtain representation. All disciplinary meetings shall be conducted in private. Settlements reached in cases where the faculty member has chosen to waive the right to Union representation shall be non-precedent setting.


                image

              4. The University may place a faculty member on paid administrative leave pending investigation of an allegation. The Union will be notified of any such action. When placing a faculty member on paid administrative leave, prior to making a determination regarding the faculty member’s access to campus resources, the University shall consider the faculty member’s research and other academic activities as well as the health, safety, and legal interests of all those involved. Faculty members on paid administrative leave are expected to remain available during normal working hours. Paid administrative leave is not discipline and is not subject to the grievance procedure.


              5. Notice of Intent to Discipline. If the University intends to impose discipline that involves a loss of pay or termination of employment, the University shall inform the faculty member and the Union of the proposed discipline in writing. The written notice shall describe the event or conduct with sufficient particularity to permit the faculty member and the Union to understand the reason for the proposed discipline.


              6. Pre-Disciplinary Meeting. The University will schedule a pre-disciplinary meeting to permit the faculty member to respond to a notice of intent to discipline. At the beginning of any pre-disciplinary meeting, the University will describe its proposed discipline and the general reasons for issuing the proposed discipline. The University will inform the Union in advance of all pre-disciplinary meetings.


              7. Disciplinary Decision. No later than fourteen (14) calendar days after the close of the pre-disciplinary meeting, the University shall inform the faculty member and the Union of its disciplinary decision in writing.


            4. Progressive discipline consisting of verbal warning or written warning will be administered by the dean.


              1. A dean may recommend to the Provost suspension without pay or discharge. The Provost may initiate suspension without pay or discharge in writing, following the procedures in Section 19.3.


            1. Investigations and Discipline during Summer


              1. Both parties recognize that investigations and discipline in summer present a difficulty to faculty who are not being paid and/or are often away from campus during the summer. Both parties also recognize that the University and Union have due diligence and duty of fair representation responsibilities for cases that may arise in summer.


              2. Before the end of spring quarter, the Union President or designee and the University Provost or designee will meet to inventory and discuss scheduling to handle any cases that may be pending and lead to investigations and/or discipline in the summer.


              3. If a complaint is received about a bargaining unit member during any period in which the University is not in session or during an academic term in which the member is not working, the college will suspend any investigation until school resumes and/or the member is again under contract. However, if, after consultation with the Union, the University reasonably believes the complaint could result in suspension without pay or discharge, the University may commence its investigation immediately.


              4. Faculty not on contract who are asked by the University to participate in an investigation in the summer shall be compensated on a pro-rated basis.


          SECTION 20 GRIEVANCE AND COMPLAINT PROCEDURES

            1. Purpose


              The purpose of this procedure is to provide a process for the prompt and fair resolution of grievances and complaints. This procedure shall be the exclusive means of resolving grievances. Nothing in this procedure shall preclude a faculty member or the Union from resolving disagreements informally, provided that the resolution is consistent with the terms of this Agreement.

            2. Definition of Grievance


              A grievance is a claim by the Union, on its own behalf or on behalf of a faculty member or members, against the University, alleging one or more violations, misinterpretations, or misapplications of one or more terms or provisions of this Agreement. A grievance must arise during the term of this Agreement in order to be processed pursuant to the procedure in this Agreement.

              1. The following are not grievable:


                1. Complaints as defined in Section 20.3, below.

                2. Tenure, promotion, merit, or evaluation decisions for all faculty where the disagreement is based on whether standards are satisfied.

                3. Decisions regarding reduction in force, pursuant to Section 21.8.

                4. Non-renewal of non-tenure-track faculty, pursuant to Section 8.1.5 and 8.2.5.

                5. Workload decisions, except 9.2.1.

                6. Matters reserved to the University under Section 5 – Management Rights.


            3. Definition of Complaint


              A complaint is an allegation by a faculty member involving a judgment by the dean or Provost that is inconsistent with substantive academic judgment at the departmental level. The complaint procedure is also available for workload decisions not related to Section 9.2.1.

            4. Grievance Time Limits


              1. The time limits set forth in this section shall be strictly enforced except that time limits may be waived by mutual written consent of both parties. Requests for a waiver of time limits shall be responded to in a timely manner.


              2. A grievance may be withdrawn by the Union at any time.


              3. If the Union, on behalf of itself or the faculty member(s), fails to advance a grievance within the specified time, the grievance will be considered waived. If the University fails to respond within the specified time limits, the grievance shall proceed to the next step of the grievance procedure.


            5. Cooperation Between Parties


              1. Each party shall have the right to call witnesses of its own choosing at any grievance hearing.


              2. Grievance meetings shall be scheduled at mutually agreeable times and places.


              3. No employee shall be subject to reprisals of any kind for participating in any way in the grievance process.


              4. Formal written grievances shall be submitted using the form in Appendix C of this agreement.


                Grievances shall include the following:

                1. the specific term(s) of the Agreement allegedly violated, misinterpreted, or misapplied;

                2. a statement of the facts upon which the grievance is based, including the date on which the alleged grievance occurred; and

                3. the remedy sought.

            6. Grievance Procedural Steps


              1. Informal


                Not later than twenty (20) working days after the circumstances giving rise to the grievance, or twenty (20) working days after the faculty member or Union should reasonably have learned of the circumstances giving rise to the grievance, whichever is later, the Union shall attempt to resolve the grievance by requesting a conference with the appropriate college dean or with the Provost if the grievance involves the Provost. The dean or Provost or designee shall schedule a meeting within five working days of the request at a mutually agreeable time and place.

              2. Step One. If the grievance is not resolved at the Informal step, the Union may file a formal written grievance, as defined in Section 20.5.4, with the dean, or with the Provost if the grievance involves the Provost, within ten (10) working days following the informal meeting. The dean or Provost shall respond in writing within 10 working days of receipt of the grievance.

              3. Step Two. If the grievance is not resolved at Step One, the Union, within ten (10) working days of the response, may submit the grievance to the Provost, or to the President if the grievance involves the Provost. The Provost or President shall meet with Union representative(s) at a mutually agreeable time and place. Within ten (10) working days of that meeting the Provost or President will issue a written response.


              4. Step Three. If the grievance is not resolved at Step Two, the Union may appeal the Step Two decision to arbitration. A written demand for arbitration shall be submitted to the University within twenty (20) working days of the Step Two decision. The Union shall simultaneously submit a written request for arbitration to the American Arbitration Association (AAA) or to the Federal Mediation and Conciliation Service (FMCS) and request that the parties be provided with the names of seven (7) qualified arbitrators with experience in higher education issues. The arbitrator shall be chosen by the strike method.


              5. Grievances by the Union relating to suspension without pay and discharge will be filed with the Provost at Step One as defined in 20.6.2. If such a grievance is not resolved at this level, the Union may submit the grievance to the President at Step Two as defined in 20.6.3. If the grievance is not resolved at Step Two, the Union may appeal the Step Two decision to arbitration as defined in 20.6.4. All timelines in Sections 20.6.2, 20.6.3 and 20.6.4 apply to 20.6.5.


              6. The arbitration proceeding shall be conducted in accordance with the AAA’s Voluntary Labor Arbitration Rules.


                1. By mutual agreement the parties may elect to utilize an expedited arbitration procedure.

                2. The cost of the arbitrator shall be divided equally between the parties. If the parties agree to use a court reporter, the cost shall be split equally between the parties. Each party shall bear its own costs of representation. If the arbitration hearing is postponed or canceled because of one party, that party will bear the cost of the postponement or cancellation. The cost of any mutually agreed postponement or cancellation will be shared equally by the parties.

                3. The arbitrator shall:

                  1. Have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement, and shall confine the decision solely to the application or interpretation of the express terms of the Agreement.

                  2. Be limited in their decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it;

                  3. Not make any award that provides a faculty member with compensation greater than would have resulted had there been no violation of this Agreement.

                4. The arbitrator’s decision shall be final and binding upon the parties. Any material relating to the alleged misconduct placed in a bargaining unit member’s personnel file will be removed if the employee has been fully exonerated of wrongdoing. The University may retain this information in a legal defense file to be used or released only when required by a regulatory agency, or in defense of legal action.

            7. Complaint Resolution Process


              1. The Complaint Resolution Process shall be the sole and exclusive process for resolving complaints as defined in Section 20.3.


              2. Upon formal notification of a decision involving matters covered by this Complaint Resolution Process, the faculty member may, within ten (10) working days after a bargaining unit member’s receipt of such official notification, file a complaint with the Provost, or the President if the complaint involves the Provost. All complaints must include the following:


                1. A statement of the decision being appealed;

                2. The reasons why the complainant disagrees with the decision;

                3. The remedy sought;

                4. The name(s), academic unit(s), telephone number, and address at which the complainant(s) shall receive all correspondence related to the complaint; and

                5. The name, telephone number, and address of the complainant’s representative.


              3. Consideration of the Appealed Decision.


                1. The Provost may, within 10 working days, at their discretion, (a) refer the appealed decision back to the appropriate administrative level for review, or (b) render their own judgment on the appealed matter.

                2. In either case, no later than twenty (20) working days following submission of the issue to the Provost, the Provost shall render a written decision to the complainant and to the Union.

                3. UFWW may accept the decision of the Provost, in which case the complaint shall be deemed to have been resolved, or the UFWW may appeal the decision of the Provost as described in this Section within five working days of receipt of the Provost’s decision.

                4. A faculty complainant may withdraw the complaint at any time in the process and the complaint will be deemed to have been resolved.

              4. Within five (5) working days of the receipt of the appeal of the Provost’s decision the parties shall meet to select a mutually agreeable independent fact finder with appropriate academic credentials, at the University’s expense, to review the evidence related to the complaint. The fact finder shall be empowered to consider complaints involving only those matters defined in the Complaint Resolution Process.


              5. The fact finder will review the documentary evidence considered in the original academic decision being appealed and talk with witnesses for clarification of the documentary evidence. The fact finder will conclude the investigation not later than thirty (30) calendar days after appointment and forward a recommendation to the President.


              6. The investigation shall be private.


              7. Decision by the President. Upon receipt of the fact finder’s report, the President may meet with the fact finder for the sole purpose of seeking clarification concerning the report.


              8. The decision of the President shall be rendered in writing within twenty (20) working days of the receipt of the report. The President’s decision is final and binding and not subject to further review. Copies of the fact finder’s report and the President’s decision shall be transmitted by the Office of the President to the complainant and to the Union within ten (10) working days of the decision.


          SECTION 21 REDUCTION IN FORCE

            1. Definitions


              1. “Reduction in Force” refers to the termination of a faculty appointment resulting from a financial exigency, program reduction, or financial emergency. Faculty may not be laid off as a result of a financial exigency or program reduction except as provided in this policy.


              2. “Financial exigency” is defined as a condition of projected deficit in the University’s operating budget of such magnitude that reduction in faculty is necessary.


              3. “Program reduction” is defined as the elimination or merger of degree programs, departments of instruction, or colleges, which is a function of the University in its regular review of enrollments, departments and programs, resource allocation and strategic planning.


              4. “Financial emergency” is defined as a sudden, catastrophic situation (including but not limited to natural disaster, public health crisis, or act of terror) that requires budget reductions of such magnitude that the layoff of faculty is necessary and of such urgency that procedures and notice in Sections 21.2 and

                21.4 cannot reasonably be followed.


            2. Initiation of Reduction in Force


              1. In order to maintain the University’s strong commitment to academic integrity and diversity, the rules set forth herein make provision for adherence during the reduction process to the University’s Strategic Plan and to the goals and requirements of the University’s Affirmative Action Program to the fullest extent allowed by law.


              2. The paramount goal in the development of strategies and actions for dealing with reduction in force must be to maintain the goals of the University and the objectives of the strategic or long range plans of the University and its units.

              3. Any reduction in force resulting from a financial exigency or program reduction shall be declared and initiated only after a thirty (30) day period during which feasible alternatives to reduction in force have been considered by the University, with input from the Faculty Senate, Union, and faculty potentially affected by a reduction in force. Such measures may include, but are not limited to: reduced appointments; leave without pay; shared appointments; reassignment to another academic unit; transfer to a non-teaching position; supplementation of teaching with nonteaching duties; and early retirement with appropriate compensation. The Union shall be provided with written information regarding the reduction in force, including a rationale for the proposed reduction and a list of faculty whose positions are under consideration for elimination or assignment change.


              4. When a reduction in force resulting from financial exigency or program reduction is declared, the University shall prepare and set forth, in writing, the circumstances giving rise to the declaration of a financial exigency or program reduction, and shall meet with the Union seeking recommendations as to the impact on faculty positions.


              5. For any reduction in force resulting from financial exigency or program reduction, the affected unit(s) shall be notified of the proposed reduction and rationale for that reduction.


            3. Retention priority criteria within academic units or sub-units. During reduction in force, the following criteria shall be utilized in determining the retention priority of all faculty members within an affected academic unit or sub-unit after programmatic needs have been determined:


              1. Tenured faculty members shall have retention priority over all untenured faculty members; untenured, tenure-track faculty members shall have retention priority over all non-tenure-track faculty members;


              2. Between faculty members with the same status (tenured, probationary, or non- tenure-track), the faculty member with the higher rank shall have retention priority (e.g., senior instructors shall have higher retention priority than instructors);


              3. Between faculty members with the same tenure status and rank, the faculty member who has the greater seniority in rank at the University shall have retention priority, with the exception that any faculty member who did not meet department standards for teaching or librarianship on their most recent performance review shall forfeit all seniority in rank.


              4. If after application of the above criteria two or more faculty members within the same college are equal in retention priority, then the dean of the college, or the Provost, if the program is not housed in a specific college, shall determine who shall be retained. If two (2) or more faculty members from different colleges are equal in retention priority, then the Provost shall determine who shall be retained, in consultation with the deans from the affected colleges.


                1. The dean’s retention decisions shall consider the recommendations made by a committee comprised of faculty from the relevant college.

                2. These retention decisions shall be based solely on the faculty member’s contribution to the goals of the academic unit as defined by the faculty member’s demonstrable achievement in the areas of teaching, scholarship, and service.


              5. Faculty members with the least retention priority shall be the first to be terminated within the specific unit.


            4. Notice


              1. Faculty subject to layoff under this section shall be given appropriate notice whenever possible, except notice is not required in layoffs due to financial emergency.


                1. Notification at least three (3) months prior to termination shall be provided to non-tenure-track faculty (other than senior instructors) with a one (1) year contract.

                2. Notification at least six months prior to termination shall be provided to senior instructors and probationary tenure-track faculty.

                3. All tenured faculty shall receive notification at least 12 months prior to termination.

              2. Faculty members shall be notified of termination via registered mail.


            5. Re-employment. Re-employment procedures for laid-off faculty shall be as follows:


              1. The Provost or designee shall establish and maintain re-employment lists for all departments and programs including the name of any faculty on lay-off status. It is the responsibility of the faculty member(s) terminated from employment in connection with a reduction in force to notify the Office of the Provost of any changes in address.


              2. The University shall not fill a vacant faculty position by hiring an individual not on the re-employment list without first making written offers of re-employment to faculty members on the re-employment list who, according to the affected unit, are qualified for the position or may reasonably be retrained for the position.


                1. Re-employment rights shall extend for a period of two (2) years from the lay-off date.

                2. Faculty members on the re-employment list shall receive offers of re- employment in reverse order of lay-off.

                3. Faculty members on the re-employment list shall be notified of offers of re-employment via registered mail.

              3. Any faculty member on a re-employment list who cannot be reached or who fails to accept an offer of re-employment within 15 working days of receipt of the offer shall be deemed to have declined the offer, and shall be removed from the re- employment list.


              4. Any faculty member re-employed shall be placed at least at the same rank and salary held at the time of lay-off.


            6. Affirmative Action Policy During Reduction in Force


              1. In instances where application of the Retention Priority Criteria (above) shall have an adverse impact on the University’s affirmative action goals and obligations and the University’s commitment to a diverse and high quality faculty, the University shall make a good faith effort to prevent that impact by awarding retention priority to one or more tenured female and/or minority faculty members or other protected groups. Application of this policy shall have the effect of crediting the unit or sub-unit in question with the termination of an FTEF for the purposes of a reduction in force.


              2. Affirmative action goals and obligations will be considered when faculty members would otherwise have the same retention priority.


            7. Financial Emergency: Reductions Not Covered by the Exigency Policy


              1. The University will notify the Union when a financial emergency will require a reduction in force. If in the University’s judgment emergency action is necessary, the President will present justifications for the declaration of a financial emergency.


              2. Although the conditions that constitute an emergency may continue indefinitely, the emergency response to these conditions will extend no longer than two years.


              3. The re-employment provisions specified in 21.5 will apply.


            8. Declaration of financial emergency or financial exigency, decisions to discontinue or reduce programs or departments, and the scope of faculty reduction that result, are not subject to the grievance procedure.


            9. The Office of Human Resources shall assist in the orderly transition from State-supported benefits to individually contracted programs.


            10. Access to University Resources


              1. Tenure-track faculty terminated under Reduction in Force shall continue to have access to their university email and internet account in accordance with University policies for the period in which that person is eligible for re- employment.


              2. The university shall provide assistance in maintaining work products (including but not limited to living stocks) for the period in which that person is eligible for re-employment.


          SECTION 22 COMPENSATION

          High quality faculty and staff are crucial for providing students an integrated experience at the University. The University faces an increasingly competitive national marketplace for the services of faculty and staff. Therefore, the University needs to maintain ongoing emphasis on achieving competitive salaries and broad-based benefits for faculty and staff. The University and the Union agree to collaborate in furthering statewide awareness of the importance of investment in competitive salaries and broad-based benefits for higher education.

            1. Salary


              1. The academic salary schedule begins on September 16 and ends the following June 15.


              2. The initial salary for tenured and tenure-track faculty and non-tenure-track faculty is set forth in the letter of offer.


              3. Effective September 16, 2021 (September 8, 2021, for chairs), all faculty, with the exception of faculty newly hired for the 2021-2022 academic year, will receive a basic salary increase of three percent (3.0%). For active employees as of September 16, 2021, who were under contract between March 16, 2021 and September 15, 2021, the salary increase provided by this paragraph will be made retroactive by providing all such faculty with a one-time payment equal to three percent (3.0%) of their gross faculty wages from the University for the period from March 16 – September 15, 2021 (March 16 – September 7, 2021 for chairs).


                1. New faculty hired for the 2021-2022 academic year do not automatically receive the salary increase in 22.1.3. The UFWW President and the Provost will review the salaries of these faculty and take action to address any salary inequity by December 15, 2021.

              4. Effective September 16, 2022 (September 8, 2022, for chairs), all faculty, with the exception of faculty newly hired for the 2022-2023 academic year, will receive a basic salary increase of one percent (1.0%).


                1. New faculty hired for the 2022-2023 academic year do not automatically receive the salary increase in 22.1.4. The UFWW President and the Provost will review the salaries of these faculty and take action to address any salary inequity by December 15, 2022.

              5. In the event that the State Legislature adopts a provision after the effective date of this Agreement that designates funds for a general faculty salary increase, that funding shall be distributed to faculty as designated by the Legislature; provided that in the event that the total headcount at the University for Fall 2022, measured on Census Day, is less than 15,000, the portion of the salary increase dependent on tuition revenue will be proportionally decreased by the percentage of the shortfall in headcount. Any supplemental increase will be added to the one percent (1%) general salary increase included in 22.1.4. If the State Legislature designates a lump sum payment for some or all faculty, that lump sum payment will be distributed to faculty as designated by the Legislature.


                1. New faculty hired for the 2022-2023 academic year do not automatically receive any salary increase in 22.1.5. The UFWW President and the Provost will review the salaries of these faculty and take action to address any salary inequity by December 15, 2022.

            2. Compression and Equity Adjustments


              1. An amount equal to one-half percent (0.50%) of the actual salaries paid to faculty members in the bargaining unit in 2021-2022 shall be distributed as of September 16, 2022 as salary increases to selected faculty effective at the beginning of the academic salary schedule. The process of dividing and distributing this amount will be determined by mutual agreement of the parties on or before June 15, 2022, following a joint process to review and revise Appendix D. In the event the parties are unable to reach agreement on a process on or before June 15, 2022, the salary increase described in 22.1.4 above will be increased by one-half percent (0.50%).


              2. All tenured and tenure-track faculty, as well as non-tenure-track senior instructors, will be evaluated for compression and equity adjustments made pursuant to this Section. Non-tenure track faculty who are not senior instructors are not eligible for compression and equity adjustments.


              3. Faculty who did not meet expectations in their most recent reviews cannot receive an adjustment. Faculty who address deficiencies in failed reviews and subsequently meet expectations are eligible for adjustments in the year compression and equity adjustments are next available.


              4. The administration will provide the UFWW with a list of the proposed adjustments by August 15, 2022. Prior to the distribution of the salary adjustments, representatives of the administration and UFWW will have the opportunity to review the proposed adjustments. The representatives will identify any anomalies, omissions, or errors and suggest possible remedies to the UFWW President and Provost, who must agree for any suggested changes to be adopted.


              5. Any monies dedicated to Compression and Equity Adjustments (as specified in Section 22.2.1) which remain undistributed after completion of the process outlined in sections 22.2.2 through 22.2.4 shall be proportionately distributed to all faculty as a general salary increase. More specifically, if U dollars remain undistributed after this process, and T dollars is the total of all faculty salaries in the current academic year after all other salary adjustments have been implemented, each faculty member shall receive a fractional increase equal to U/T in the salary for the current academic year.


            3. Post-tenure Review. All faculty who have exceeded department standards in at least one category of teaching, research, or service and who have met department standards in the remaining categories in a post-tenure review shall receive a three percent (3%) increase to their basic salary effective the following September.


            4. Promotion and Advancement


              1. Tenured and tenure-track faculty who receive a promotion shall have their base salary increased by ten percent (10%) effective September 16 following the promotion.


              2. Instructors who advance to senior instructor shall have their base salary increased by ten percent (l0%), effective September 16 following the advancement.


            5. Department Chairs


              1. Chair stipends are based upon the total combined departmental FTE of tenured faculty, tenure-track faculty/non-tenure-track faculty, and staff, calculated on October 31 of each year. The stipends are payable quarterly, including summer, and are determined according to the following formulae:

                1. Let FTE be defined as in 22.5.1 above.

                2. The stipend per quarter = $1647 + ($95 × FTE).

                3. The stipend per year = $6588 + ($380 × FTE).

                4. For academic year 2022/23, the stipends described in 22.5.1.2 and

                  22.5.1.3 will be increased by the same percentage as the basic salary increases specified in Sections 22.1.4 and 22.1.5.

              2. Annual faculty appointment contracts for department chairs, during their term(s) of chair duty, are for 9.5 months (September 8 - June 22).


              3. Department Chairs receive a temporary three-quarter percent (0.75%) base salary increase on September 8th of each year they serve as Department Chair. This increase becomes permanent after four consecutive years of department chair service. Interruptions in service (as defined in Section 11) are accommodated provided the chair returns to the appointment after the leave and does serve a full four years. Chairs who are called back to chair service for reasons of administrative exigency may add all prior chair service toward fulfillment of the requirement that four consecutive years be served for the permanent salary increase. Salary increases do not accumulate during interruptions of service.


                Should a UFWW/WWU Collective Bargaining Agreement subsequent to the present one change or eliminate the compensation stipulation of this Section, the salary increases accumulated under the present Agreement will still vest after four

                (4) consecutive years of service, even if that four (4) year period ends after the expiration of the present Agreement.

              4. Department chairs shall negotiate with the dean, with the approval of the Provost, any reduction in teaching load associated with the position; provided that the minimum release time from teaching for a chair will be fifty percent (50%).


            6. Academic Program Directors


              The program director will meet with the Provost or dean to determine the appropriate stipend and/or release time in accordance with the responsibilities of each position. A stipend shall be at least $1500 in each quarter, including summer session, for which there are program responsibilities. In no case will the compensation given to program directors for the current level of responsibilities decrease.

              1. For academic year 2022/23 any stipends awarded under 22.6 will increase by the same percentages as the basic faculty salary increases specified in Sections 22.1.4 and 22.1.5.


            7. Medical, Dental, Life and Long-Term Disability


              Medical, Dental, Life and Long-Term Disability Plans, benefits and premium share are set and from time to time revised by the Washington State Health Care Authority.

            8. Mileage


              Authorized travel between campuses and/or worksite assignments shall be compensated at the current State of Washington mileage rate. Worksite is defined as an official WWU program site.

            9. Professional Development


              1. Each college will fund a faculty development and professional travel pool with an annual amount equal to $1,000 per FTE tenured/tenure-track faculty, and $500 per FTE non-tenure-track faculty member. The funds will be allocated and administered by deans of colleges and Library in accordance with criteria and procedures in guidelines developed within the faculty governance bodies of each college and the Library. All faculty members are eligible to apply for the funds. When requested, the Provost will review with UFWW representatives the faculty development and professional travel pool expenditures.


              2. A supplemental faculty development pool for Creative Activity and Scholarship will be funded with an annual amount equal to $150 per FTE tenured/tenure-track faculty, and $75 per FTE non-tenure-track faculty member.


                The funds will be allocated and administered by Research and Sponsored Programs in accordance with criteria and procedures in guidelines developed within the faculty governance bodies of Research and Sponsored Programs. All faculty members are eligible to apply for the funds.

            10. Retention


              The University administration may, in consultation with the faculty member’s department, grant a salary increase to any faculty member for retention, provided that the Union is notified in writing of the change in salary and of the justifications for the change.

            11. Stipends for Teaching Large Classes


              The dean and the chair shall confer concerning the appropriate support and/or compensation for teaching large classes.

            12. Release Time for Faculty Senate


              Honoring the direct relationship and collaboration of the Faculty Senate and the University in shared governance, the University will provide a reduction in teaching load associated with the following positions in the university, depending on the scope of the role.

              • Faculty Senate President

              • Chair of ACC

              • Chair of UPRC

              • Legislative Representative

              • Chair of Graduate Council

              The Union will be notified of any changes proposed by the Senate and the University, and will be given the opportunity to bargain concerning those changes.

            13. Compensation for Temporary Extra Teaching Assignments


              1. Faculty may teach one (1) or more courses above their regular teaching load with a recommendation from the department chair and approval by the dean. Such temporary extra teaching assignments will be compensated by temporary additional pay at the rate of one thirty-sixth (1/36th) of the faculty member’s salary per credit hour.


              2. Non-tenure track faculty who supervise independent study courses will be compensated at the rates specified in 22.15.2.1.iii.


            14. Summer Research and Teaching Grants. The University will award the maximum feasible number of Summer Research Grants and Summer Teaching Grants for each summer during which this agreement is in effect. The minimum number of Summer Research Grants and Summer Teaching Grants awarded shall be no fewer than thirty (30) total per summer. Each


              grant will be in the amount of $6,000 and will be awarded in accordance with the policies of the Office of Research and Sponsored Programs.


            15. Extended Education


              1. Summer Session2
                2 “Summer Session” is defined in Section 16.


                1. For Summer Session courses faculty are paid one forty-fifth (1/45th) of AY salary per credit. For Summer Session courses enrolling over fifteen

                  (15) students, faculty are paid one forty-fifth (1/45th) of the AY salary per credit plus $54 per SCH for 16 students and above.

                2. Individually-supervised credit-bearing activities, such as independent studies, field research/experience, practicum, and internships in the summer will generally be paid at a per SCH rate. Deans may choose to offer faculty the salary per credit rate of pay (described in 22.15.1.1 above) for independent studies and internships. Per SCH pay is recommended for activities with nine (9) or fewer students, salary per credit is recommended for activities with ten (10) or more students. For each academic year of this Agreement, the minimum per SCH rates for these undergraduate and graduate courses will increase by the same percentages as the basic faculty salary increases specified in Section

                  22.1. Enrollment shall be determined as in section 22.15.1.3.

                3. 22.15.1.3

                  1. For purposes of determining compensation for independent studies, field research/experience, practicum, and internships in the summer, “course enrollment” is the actual enrollment on the census date of the quarter. For individual courses not delivered on the regular quarterly cycle a final enrollment date will be specified.

                  2. No compensation payments are earned or paid for canceled courses or for courses with a census date enrollment of zero (0).

                4. For NTT Faculty teaching Summer Session, the academic year salary shall be annualized to determine summer salary. Once the academic year salary is annualized, all rules above apply.

              2. Compensation for Credit-bearing Activity Governed by Section 16.5

                1. Correspondence and Contracted Independent Study Courses at the SCH rates of:


                    1. Standard Correspondence: $74 per SCH

                    2. Writing Intensive: $110 per SCH

                    3. "Contract" Independent Study: $156 per SCH

22.15.2.2. For academic year 2022/23 the rates specified in 22.15.2.1 will increase by the same percentages as the basic faculty salary increases specified in Section 22.1.

      1. Study Abroad/Study Away:

        1. Courses enrolling five or fewer students will be compensated on a per SCH basis at the rate of seventy percent (70%) of applicable tuition. Per SCH compensation cannot be applied to enrollments above five (5) students.

        2. For courses enrolling six or more students the faculty member will be paid at the rate of AY salary per credit described in Section 22.15.1.1 above.

        3. In addition to instruction, the faculty member will be compensated for the "additional duties" associated with travel programs.

        4. The total compensation for instruction and additional duties as described may be divided between multiple faculty members in any manner mutually agreed.

      1. Online Courses 22.15.4.1Course Development

                1. The University will pay faculty not less than $500 per credit to develop online courses. These courses shall be considered work for hire. For course materials developed for payment from the University, the university may only share those materials with dean and departmentally approved instructors for that course. Course materials developed for payment from the University may only be used for the teaching of courses at the University by departmentally approved instructors.

                  Faculty members who develop course materials for online courses retain the right to use those materials in other instructional formats.

                2. Faculty may elect to develop online courses without compensation from the University. These courses remain the sole property of the faculty members who develop them.

        Faculty may use summer teaching grants to develop these courses and still retain ownership.


        22.15.4.2 Online Instruction. For online courses taught outside the regular teaching load, faculty shall be paid one thirty-sixth (1/36th) of their academic year salary per credit.

      2. Cohort Programs, Off-campus and Special Duties Assignments

        1. Tenured and tenure-track faculty teaching in a cohort program may do so as part of the regular load, or paid as an “extra teaching assignment” per 22.13. Compensation is based on academic year salary and is not based on separate Summer Session pay schedules, regardless of when during the year a course is offered.

        2. Non tenure-track faculty teaching in cohort programs are paid at the per credit rate established in their original appointment letter. Compensation is based on academic year rates and is not based on separate Summer Session pay schedules, regardless of when during the year a course is offered.

        3. NTT faculty working at a distance, who do not have access to WWU office space in Bellingham or at a WWU outreach site, shall receive a stipend to cover personal costs associated with teaching related expenses. The stipend shall be $250 per quarter.

        4. Costs associated with mileage/travel will be reimbursed to faculty when they are required to travel for their teaching assignment.

        5. Faculty who undertake administrative or non-teaching duties in support of a self-sustaining program shall be compensated through either a course release or stipend.

    1. Non-Tenure Track Service Pool


The University will fund a non-tenure track service pool with an annual amount equal to $150 per FTE non-tenure-track faculty member per year. In determining the funds available for a specific academic year, the FTE calculations shall be based upon the previous academic year. The funds will be allocated and administered by the Provost in accordance with criteria and procedures in guidelines developed by the Faculty Senate and approved by the Provost. All non-tenure-track faculty members are eligible to apply for the funds. When requested, the Provost will review with UFWW representatives the non-tenure-track service pool expenditures.


SECTION 23: RETIREMENT

    1. There is no mandatory retirement age for faculty members.


    2. Eligible faculty must begin contributory participation in the WWU Retirement Plan (WWURP) no later than the beginning of the third year of eligible service unless the faculty member has previously established membership in a plan sponsored by the Department of Retirement System (DRS) and makes an irrevocable election to participate in the DRS plan


      instead. For purposes of determining eligibility, spring quarter and the following fall quarter are considered consecutive quarters. Required contribution rates are outlined in the retirement plan documents and are currently five percent (5%) until age thirty-five (35), and seven and one-half percent (7.5%) until age fifty (50), and ten percent (10%) after age fifty (50).


    3. The University contributes an amount equal to the faculty member’s required contributions. All contributions are invested according to the faculty member’s direction with the approved fund sponsors and funds.


    4. A faculty member contemplating retirement should attempt to provide six (6) months of advance notice of the anticipated retirement date.


    5. Faculty who retire early, as defined in the retirement plan, for any reason, including health and/or disability, may have their benefits reduced according to the provisions of law or the retirement plan.


    6. The WWURP is contained in the Benefits section of the Human Resources web site. Except for changes required by law, regulations, or court decisions, the Union will be given notice of proposed changes in the level of benefits and the opportunity to bargain over those changes.


SECTION 24 FACULTY FILES

    1. The University maintains three (3) official files for each faculty member:


      1. A professional record file in the office of the Provost;


      2. A personnel file in the office of the dean of the appropriate college;


      3. In the office of Human Resources, payroll, benefits and confidential medical files maintained in accordance with state and federal law, including compliance with HIPAA.


    2. Access to Official Faculty Files


      1. Faculty members shall have the right to examine their own individual files and may request a copy of those files, in accordance with state law (RCW 49.12.240). The University may charge a reasonable fee for copying any materials beyond the first copy requested by the faculty member or their representative. Faculty members may place in these files a response to adverse information regarding performance or discipline that may be contained therein.


        1. Faculty members may examine internal peer evaluations included in their files only after a final decision is reached for that review (after all appeals), and only before their destruction according to the University’s Retention Schedule. Faculty who wish to examine internal peer evaluations make this request to the dean of their unit, who will work with the faculty member to find a mutually convenient time and a secure and private setting in which to view the records. Internal peer evaluations are not part of the official file and may not be reproduced; however, notes may be taken. A faculty member may choose to bring another person to assist in the examination of internal peer evaluations.

      2. A Union representative, with written authorization from the faculty member concerned, and subject to the University’s duty to provide for security of the records, may examine and receive a copy of all or part of the official files of that faculty member. The faculty member and/or representative may not remove any contents. A copy of the signed authorization form shall be retained in the faculty member’s personnel file.


      3. Upon request, a faculty member involved in any capacity in an EOO investigation will receive a confidential briefing by EOO staff on the status of the investigation. The Union President will be notified by the EOO of such a request.


      4. University access to official faculty files shall be restricted to University representatives who have a legitimate need to know. External letters of evaluation, when required, are confidential to the extent allowed by law.


      5. The University shall not release evaluative material from official faculty files, unless permitted by state or federal law. The University shall notify a faculty member in writing of any requests under public disclosure laws for information from the official faculty files at least seven calendar days prior to releasing the information.


      6. The University shall not include material in the faculty member’s official files unless the source of the material is identified, subject to state and federal laws protecting confidentiality.


SECTION 25 WORKPLACE SAFETY AND ERGONOMICS

    1. The University will provide a work environment which complies with state and federal statutes regarding safety in the workplace. Faculty members may request a review of a workstation for compliance with appropriate ergonomic standards.


    2. Faculty members shall not be required to work under hazardous conditions or to perform tasks which endanger their health or safety without appropriate precautions. Protective devices and first aid equipment shall be provided to faculty members who practice in hazardous instructional environments.


    3. The University places a high priority on safety and security and expects all employees to follow all University policies and procedures on emergency preparedness and response.


SECTION 26 MISCELLANEOUS

    1. If any of the terms of this Agreement are held to be invalid or unenforceable by operation of law or by any court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. Either party may request negotiations over those invalid portions for the purpose of achieving a mutually satisfactory replacement.


    2. Except as specifically provided, this Agreement will take effect upon ratification by both parties.


    3. There shall be no strikes or lockouts during the term of this Agreement or during the negotiation for a successor agreement.


    4. A “day” for all sections in this Agreement is a working day unless otherwise noted. A working day is Monday through Friday when the University is open for business, even if classes are not scheduled.


    5. Except as provided by this Agreement and applicable law, the University will satisfy its collective bargaining obligation prior to changing any term or condition of faculty employment. Further, the University will satisfy its bargaining obligation regarding the impact of any decisions made by the University in the exercise of its lawful managerial rights which affect faculty wages, hours, and other terms and conditions of employment.


    6. Should any conflict exist between the provisions specifically set forth in this Agreement and policies and procedures of the University and/or the Faculty Handbook (including appendices), the provisions of this Agreement shall be controlling.


    7. Professional staff employees of the University whose positions require teaching in areas of their professional expertise (e.g., lab support technicians, coaches) are excluded from coverage under this Agreement; provided that faculty will evaluate all teaching performed by such employees. The University will supply the UFWW with a list of employees and positions covered by this paragraph on or before the effective date of this Agreement. Additions to the list, other than to update the list because of the replacement of an employee holding a position on the list, will be subject to the mutual agreement of the parties.


SECTION 27 DURATION

27.1 This Agreement shall become effective when it has been fully ratified by both parties, and shall remain in effect through and including September 15, 2023.


SECTION 28 PARKING

    1. Parking permit rates for current lots and Lincoln Creek will not change during the term of this Agreement.


    2. On those days when they work during the evening shift, Library faculty shall have access to one evening parking permit held by the Library for parking spaces near the libraries after 5:00 p.m.





Executed this day of November, 2021.


Sabah Randhawa, WWU President
Theresa Warburton, UFWW President


Approved as to legal form, Assistant Attorney General






Appendix A


POL-U4520.03 PATENT AND COPYRIGHT POLICY

[Approved October 25, 1999, revised effective June 13, 2008]


  1. Introduction


    It is important for Western Washington University (WWU) to provide uniform policies and procedures for the regulation and administration of intellectual property rights generated by the activities of its faculty, employees and others associated with the University. The following University Patent and Copyright Policy is established. This Policy supersedes and replaces all prior patent and copyright policies.

  2. Objectives


    1. To define, clarify and protect the rights and equities of inventors and authors, the University, governmental or private sponsors of research, and the public, with respect to inventions and original works, by providing for just and equitable recognition of the legitimate interests of each of the above in such inventions and works.


    2. To encourage broad utilization of the results of University research and to provide a vehicle for the transfer of new technology and ideas from the University to the community at large, by permitting exploitation (both commercial and otherwise) in the public interest and for the public benefit, in a manner consistent with the integrity and objectives of the academic process, including the goal of public dissemination of the results of research.


    3. To stimulate innovative and creative scholarship, research and writing and its recognition, by facilitating where appropriate the receipt of fair economic rewards therefor in the form of royalty payments to inventors and authors from licensees (in the case of inventions) and publishers (in the case of written or similar works.)


    4. To protect and benefit scholars and researchers in the University by promoting recourse to the patenting and copyright process and by providing information, support and liaison concerning the procedures and problems involved therein.


    5. To encourage and assist scholars and researchers in identifying potentially patentable discoveries, to require prompt and early reporting thereof to the Patent and Copyright


      Committee (PCC) and to promote scholarly publication concerning such discoveries in a manner that does not prejudice the obtaining of a patent.


    6. To devise and promulgate clear and practicable regulations, procedures and forms for the reporting and disclosure of original works that may be copyrightable, discoveries that may prove patentable and the timely prosecution of patent applications in appropriate cases.


    7. To provide for the patenting or licensing or both of any invention or the copyrighting and licensing or both of any work, where appropriate, through the Patent and Copyright Committee or a patent management organization or publishing entity designated by that Committee.


    8. To preserve and protect the rights, as agreed, of any government or private sponsors of research in any invention or work that may be generated by such research, and to ensure compliance with the other terms of any such research grant.


    9. To preserve and protect the rights of the University in inventions or other original works which result from the use of University funds or facilities by faculty, employees, students or trainees, in keeping with state law.

  3. Policy


The principle is hereby recognized that there are usually three interests involved in connection with research work and invention performed in the University by or under the direction of the research and teaching staffs of the University. These three interests are represented by the research worker or inventor; the University, and the general public whose taxes and gifts support the University. If the research is financed wholly or in part by an outside agency there exists an additional interest.


In general these interests are best served by immediate publication and dissemination of the results of the research. In some cases, however, the interests of all are best protected and furthered by patenting the discoveries and inventions resulting from the research.


Rights to intellectual property made by University personnel are allocated as follows:


  1. Inventions Resulting from Research Supported by University Funds


    Inventions resulting from research wholly supported by University funds shall become the property of Western Washington University. Faculty and staff members shall assign their rights to Western Washington University and shall be entitled to receive a share of the net profits (amount received by the University, less costs) derived from any exploitation of the patent. The share is determined according to the schedule included in the Procedures implementing this Policy.


  2. Inventions Resulting from Research Supported by an Outside Agency

    Inventions resulting from research supported by an outside agency, either wholly or in part, shall be governed by the provisions of the agreement with the sponsoring agency. In the absence of such provisions, the invention shall be regarded as deriving from the category of state or University supported research.


  3. Inventions Resulting from Personal or Private Research

    The University shall have no vested interest in inventions clearly resulting from personal or private research and developed by a person, without cost or expense to, or use of facilities, equipment or staff of the University. Such inventions may be voluntarily offered by the faculty member to the Patent and Copyright Committee for the possible securing of a patent and for subsequent developing, processing and exploitation under University aegis. If such offer is accepted by the Patent and Copyright Committee, the inventor shall assign her/his rights to WWU and shall thereafter receive SEVENTY- FIVE percent of the net profits if any (amount received by the University, less costs) derived from any exploitation of the patent.


  4. Rights of Students

    Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a student of the University who writes or produces any work shall have exclusive rights thereto, including the ownership of copyright therein.


  5. Copyrights

    This Policy is also designed to cover copyright of books, software or other similar materials, and of materials in the forms copyrightable under the laws of the United States or international copyright agreements.


    Except for works produced or written for hire, any publishable material produced by a member of the faculty or staff of the University shall be the exclusive literary property of the author, if produced with de minimis use of University facilities, equipment or staff.


    The author may obtain copyright or dedicate the work to the public as she/he chooses-- subject to any restriction imposed by sponsoring or funding agencies not under University control.


    Works produced or written "for hire" are defined as manuscripts, software or other materials produced by persons who are engaged by the University specifically to produce such manuscripts or works, or released from other work to produce such materials. The University shall be the sole proprietor of any work done "for hire," and may make such disposition of resultant materials as it may choose. Borderline determinations should be documented, when desired, in accordance with the foregoing Patent Policy. Should any controversy concerning this Policy arise, it will be referred to the Patent and Copyright Committee.


  6. Relinquishing University Rights

    The University shall relinquish all of its rights to the inventor in the following cases:


    1. If the invention is judged by the Patent and Copyright Committee to be the result of personal or private research, under the rules adopted by the state Executive Ethics Board; or


    2. If the University decides not to secure a patent for an invention which is a result of personal or private research but has been submitted to the Patent and Copyright Committee voluntarily by the inventor for possible development and patent under University auspices as hereafter noted.


    3. If the University determines that it is not in its best economic interest to pursue a patent on an invention, the rights will be released to the sponsoring agency (if such action is required by grant or contract agreement), or to the inventor.


In all cases of waiver of rights, the University shall relinquish its rights to the inventor by written waiver signed by the President of the University or by a designated agent. If the final unappealed decision of the Committee is that such invention was the result of personal or private research, such decision may be used by the inventor as evidence in establishing the priority of her/his invention. Any person aggrieved by the decision of the Patent and Copyright Committee, within THIRTY days after receipt of the ruling of the Committee, may appeal to the President of the University. Such appeal shall be in writing, shall state the grounds of appeal. The decision by the President shall be final.


PROCEDURES FOR THE ADMINISTRATION OF PATENT AND COPYRIGHT POLICY


  1. The Patent and Copyright Committee

    The Patent and Copyright Committee (PCC) shall be vested with authority to administer this Policy.


  2. Membership of PCC

    The PCC shall consist of the following persons.


    1. The incumbent Vice Provost for Research who shall serve as the Chairman of the PCC.


    2. The Director of the Bureau for Faculty Research, who shall serve as the Vice Chair and Convener of the PCC.


    3. A Legal Consultant to the PCC, who shall be an ex officio non-voting member.


    4. Two persons selected by the Vice Provost for Research from among the members of the Research Advisory Committee and approved by the President of the University or designee for a term of two years.


    5. One person selected by the Faculty Senate and approved by the President of the University for a term of two years.


  3. Meetings of PCC

    The PCC shall meet as often as the Chairman and Convener deem necessary.


  4. Powers and Duties of PCC

    The PCC shall have the following powers and duties.


    1. To interpret and apply the Patent and Copyright Policy, in keeping with applicable state law and regulations.


    2. To evaluate inventions for patentability, scientific merit and economic feasibility, and where desirable to seek expert advice to assist it in making such determinations.


    3. To decide on the category into which an invention or original work falls for the purposes of determining who has or shares the equity therein.


    4. To determine the patent or related rights or equities of the University and other interested parties in an invention and to decide on the appropriate division of royalties.


    5. To assign inventions to outside organizations for the evaluation, patenting and licensing of inventions, and to procure the receipt of royalties or other benefits by the University.


    6. To release patent rights to the inventor in the absence of overriding obligations to outside sponsors of research, in cases where it is deemed equitable or appropriate to do so, subject to the written approval of the President or a person designated by the President.


    7. To submit its decisions on patent and copyright matters to the President of the University, or to a person designated by the President for such purposes.


    8. To provide assistance and advice to faculty and other research personnel concerning all aspects related to the patenting of inventions and the copyright in original works.


    9. To ensure an effective system of patent and copyright administration by means of an ongoing review of applicable policies and procedures and to make reports and recommendations to the President thereon.


    10. To do all things necessary to achieve the objects of the Patent and Copyright Policy, without being limited by the specific powers and duties enumerated above.


  5. Appeals from Decisions of PCC

Any person aggrieved by any decision of the PCC may appeal to the President of the University or designated representative. Such appeal shall be in writing, shall state the grounds of appeal and shall be submitted to the President or such representative within THIRTY days after notification of the ruling of the Committee. The President shall respond to the appeal in writing within THIRTY days of the receipt of the appeal. The decision of the President or designee shall be final and binding.


PCC GUIDELINES FOR ALLOCATION OF PATENT RIGHTS


  1. When University Has Exclusive Patent Rights

    Subject to the provisions of the Policy with respect to relinquishment of rights and royalty sharing, the University shall have exclusive patent rights and title in and to any invention or discovery which emerges from any research, development or other program funded by the University, or is conceived or developed wholly or partially at the expense of the University or with the aid of its equipment, facilities or personnel.


  2. When Inventor has Exclusive Patent Rights

    The University shall relinquish all rights to the inventor in the following cases:


    1. If the invention or discovery is adjudged by the PCC to have been made by the inventor independently of any contractual obligations to the University and without using University equipment, facilities or funds provided by the University or an outside sponsor.


    2. If the invention or discovery is a result of approved consulting activities without any use of University facilities or of funds derived from the University or an outside research sponsor.


    3. If the invention or discovery was made with the aid of University facilities or funds, but the PCC, with the written approval of the President or a designated agent decides to waive the University's rights or equity therein.


  3. Rights of Students

    Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a student of the university who


    independently conceives of and produces any work shall have exclusive rights thereto, including the ownership of copyright therein. Student work produced as a result of a faculty member’s project is the property of the faculty member. If original student work results from a faculty member’s larger project, that portion of the project is the property of the student. Any dispute between the student and the faculty member regarding allocation of rights shall be adjudicated by the PCC.


  4. Procedure for Reporting Inventions

    All employees of the University, all non-employees who use University research facilities and those who receive grant or contract funds through the University shall promptly report and fully disclose any ideas for and/or reduction to practice of a potentially patentable invention or discovery to the PCC. The following procedure shall apply to such report and disclosure:


    1. The report and disclosure shall be submitted in writing at the earliest opportunity to the PCC and shall include a written statement certifying whether the potentially patentable invention or discovery was the result of private research done independently of any contractual obligations to the University and without using University equipment, staff, facilities or funds, or whether it was the product of research done with the benefit of such assistance or with the aid of any outside research sponsor.


    2. The PCC may forward the report and disclosure to the department chair or the immediate supervisor of the employee for evaluation. The departmental head or immediate supervisor to whom the report and disclosure are submitted shall review them and shall forward them to the PCC within THIRTY days after receipt, together with a written opinion regarding the accuracy of the originator's statement submitted pursuant to Paragraph 3.1 and the reasons for such opinion.


    3. The Chairman and members of the PCC shall take adequate steps to assure and preserve the confidentiality of all invention disclosure documents.


    4. The originator shall be notified of meetings of the PCC and may attend the meetings at which her/his report and disclosure will be considered.


    5. The PCC shall within ninety days of the submission of the report, disclosure and required statement notify the President of the University, or a designated agent, the originator and the departmental head or immediate supervisor of its decision


      with respect to the disposition of the matter and the respective rights or equities of any interested parties.


    6. The President or designated agent may overrule in writing the decision of the PCC, but failing such action within THIRTY days of submission of the decision to the President or such agent the decision of the PCC shall be binding on all parties, unless appealed within that time.


    7. The originator shall be notified in writing of the final decision of the University.


  5. Duty of Inventor to Execute All Necessary Documents

    In cases where the University or an outside sponsor has an interest or equity in an invention or discovery, the inventor shall execute all such declarations, assignments or other documents as may be necessary in the course of invention evaluation, patent prosecution, or protection of patent rights in order to assure the title of the University or the University's ability to meet its overriding patent obligations arising from grants, contracts or other agreements of any kind with outside organizations, as the case may be.


  6. Inventor’s Share of Royalties

    Except as otherwise agreed and subject to any contrary obligations arising from grants, contracts or other agreements with outside sponsoring organizations, the inventor's share of royalties derived from the exploitation of any patent shall be as follows.


    1. The inventor shall be entitled to receive a share of the net royalties received, “net royalties” being defined as gross royalty receipts less all costs incurred in connection with the patent, as follows:


      Royalties

      Inventor’s Share

      Up to $5000

      100%

      $5001-100,000

      $5000 plus 75% of the net royalties in excess of $5000

      More than $100,000

      $76,250 plus 50% of the net royalties in excess of $100,000


    2. If there are two or more inventors, each inventor shall share equally in the said share, unless all inventors have previously agreed in writing to a different distribution and have notified the University in writing thereof.


    3. Distribution of the inventor’s share shall be made annually from the amount of net royalties if any, received during the previous calendar year.


    4. In the event of any litigation, actual or imminent, or any other action to protect patent rights, distribution of royalties may be withheld until resolution of the dispute.


  7. Voluntary Transfer of Private Invention and Copyrighted Material to University and Royalty Sharing

    A purely private invention or a copyrighted material, developed by a University employee independent of any contractual obligations and without any cost to the University or an outside sponsoring organization, may be voluntarily offered to the PCC for the purposes of patenting, development and exploitation as if it were an invention or a copyrighted material in which the University had an interest. If such offer is accepted by the PCC, the inventor or author shall assign her/his rights to the University and shall receive SEVENTY-FIVE PERCENT (75%) of the net royalties (being gross receipts less cost), if any, derived from the exploitation of the patent or the copyright.


  8. Procedure with Respect to Outside Employment and Avoiding Conflict of Interest

    Subject to any other approval that may be required pursuant to University or departmental regulations, collective bargaining agreements, or Faculty Handbook, or state law and regulations and in order to avoid any conflict of interest, or other violation of state law and regulation, before any member of the University's faculty or research personnel enters into an agreement with an outside employer which provides for or contemplates the grant of any patent rights to the outside employer arising from the outside employment, the following procedure must be adopted:


    1. Such faculty member shall notify her/his Dean or Director in writing of the nature of the outside employment and the extent of the patent rights to be granted to the outside employer.


    2. The Dean shall forthwith submit the notification to the Chairman of the PCC, together with her/his written recommendation thereon.


    3. Unless the Chairman of the PCC notifies the faculty member to the contrary in writing within THIRTY days of the submission of the request, the University shall be deemed to have waived its rights to any invention or discovery made


      during the outside employment described in the request to the extent necessary to give effect to the grant of the patent rights therein described.


    4. If the Chairman of the PCC objects in writing within the aforementioned period of THIRTY days, the faculty member shall not enter into the proposed employment agreement insofar as it provides for or contemplates the grant of patent rights to the outside employer with respect to any invention or discovery made by the faculty member while in the employ of the University and in which the University has any rights under this Policy.


  9. Criteria Governing Outside Commercial Sponsorship of Research

    Contracts and other arrangements between the University and outside commercial sponsors of research must comply with the following criteria.


    1. Research investigators and the University shall be free to disseminate and publish the results of sponsored research, provided that in order not to jeopardize applications for patents the University may agree that any proposed publication will be submitted to the sponsor with notice of intent to submit for publication and that unless the sponsor in writing requests a delay within TWO months from the date of such notice, the investigators or the University shall be free to proceed with immediate publication. However, if the sponsor requests a delay, the submission of the manuscript will be withheld for the period requested, but in no event for longer than SIX months from the date of the notice of intent to submit for publication and only in order to permit the sponsor to prepare and file the necessary application.


    2. The University shall retain the right to take title to any patentable inventions or discoveries arising from the undertaking of sponsored research, except that the University may grant an exclusive license to the sponsor for a period not exceeding EIGHT years and bearing a royalty to be agreed upon, or may grant a royalty-free license if the University has incurred no substantial expense and such a license is deemed appropriate.


    3. Any agreement or arrangement with the commercial sponsor shall not impose any restrictions upon the University in conflict with its established policies and practices, but shall permit performance of the research or other investigation in the same manner and subject to the same administrative requirements applicable to research financed with the University's own funds.


PCC GUIDELINES FOR ALLOCATION OF COPYRIGHTS


  1. Scope

    The Policy covers books, software, or other written materials, as well as other original works in the various forms copyrightable under the copyright laws of the United States and international copyright conventions.


  2. Notification to PCC on Intent to Publish Works

    A faculty or staff member who writes or produces a work which they intend to exploit commercially shall notify the PCC in writing through the departmental head or immediate supervisor of such intention, providing appropriate details of the work and the circumstances of its preparation and seeking a determination from the PCC as to whether the work is or is not a work for hire. Should the intended commercial exploitation be contemplated using University facilities, equipment, or staff, the PCC will determine the appropriate distribution of the proceeds from commercialization. Publication of manuscripts in academic periodicals, collections and conference proceedings, are not subject to this notification requirement.


  3. Rights of Faculty and Staff


    1. Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a member of the faculty or staff of the University who writes or produces any work which does not require significant use of University facilities, equipment or staff, shall have exclusive rights thereto, including the ownership of copyright therein. Faculty and staff members shall own all rights to materials prepared on their own initiative for classroom, educational or professional purposes, and shall be exclusively entitled to the benefit of any royalties derived therefrom.


    2. Significant use of University resources means use of University resources above and beyond resources normally provided during the course of one's academic work. However, the University will not construe the provision of personal office, department facilities, library, laboratory, word processing, data processing, or computation facilities as constituting significant use of space or facilities, nor will it construe the payment of salary or faculty research grants as constituting significant use of funds.


    3. When the writing or production of the work requires significant use of University facilities, equipment or staff, the University and the faculty or staff member who prepared or produced the work shall share the net royalties (gross receipts less all costs), if any, which may be derived from the sale or licensing of such work according to the following schedule:


      Royalties

      Inventor’s Share

      Up to $5000

      100%

      $5001-100,000

      $5000 plus 75% of the net royalties in excess of $5000

      More than $100,000

      $76,250 plus 50% of the net royalties in excess of $100,000


  4. Rights of Students

    Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a student of the university who independently conceives of and produces any work shall have exclusive rights thereto, including the ownership of copyright therein. Student work produced as a result of a faculty member’s project is the property of the faculty member. If original student work results from a faculty member’s larger project, that portion of the project is the property of the student. Any dispute between the student and the faculty member regarding allocation of rights shall be adjudicated by the PCC.


  5. Works for Hire

    A work written or produced for hire is defined as:


    1. A work commissioned by the University and prepared by an employee who is hired or assigned by the University specifically to produce such work.


    2. A work prepared by a person who is not a regular employee of the University but who is specifically commissioned by the University to produce it pursuant to a signed written agreement which provides that the work shall be considered a work for hire.


  6. Rights in Works for Hire

With respect to works for hire, the University shall have exclusive rights, including the copyright, but subject to any contrary terms of the employee's employment agreement and any restrictions contained in any contract with or grant from an outside sponsor, the


faculty or staff member who prepared or produced the work shall be entitled to receive such proportions, as the PCC in its discretion may determine, of the net royalties (gross receipts less all costs), if any, which may be derived from the sale or licensing of such work. However, such sale or licensing shall be within the sole discretion of the University, which shall be under no obligation to develop royalties therefrom.


Appendix B

Just Cause Guidelines


Just cause guidelines commonly used by arbitrators are as follows:


  1. Notice. Did the Employer give to the employee forewarning or foreknowledge of the possible or probable consequences of the employee’s disciplinary conduct?


  2. Reasonableness. Was the Employer’s rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the Employer's business, and (b) the performance that the Employer might properly expect of the employee?


  3. Investigation. Did the Employer, before administering the discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?


  4. Fair Investigation. Was the Employer’s investigation conducted fairly and objectively?


  5. Proof. At the investigation, was substantial evidence or proof obtained that the employee was “guilty as charged?”


  6. Equal Treatment. Has the Employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?


  7. Penalty. Was the degree of discipline administered by the Employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in her or his service with the Employer?


    Appendix C Grievance Form


    Date


    Dear Dean XXXX,


    United Faculty of Western Washington (UFWW) is pursuing a grievance against you for the failure of the College of XXXX to comply with section XX of the Collective Bargaining Agreement (CBA) between WWU and UFWW.


    Section 20 of the CBA states the following:

    20.6.2 Step One. If the grievance is not resolved at the Informal step, the Union may file a formal written grievance, as defined in Section 20.5.5, with the dean, or with the Provost if the grievance involves the Provost, within 10 working days following the informal meeting. The dean or Provost shall respond in writing within 10 working days of receipt of the grievance.


    This notice initiates Step One of the grievance procedures.


    1. Specific Terms of the Collective Bargaining Agreement (CBA) violated, misinterpreted or misapplied


    2. Statement of grievance


    3. Remedy sought Sincerely,

XXXX

President, United Faculty of Western Washington


Appendix D

Compression and Equity Procedures


Compression and equity adjustments shall be made in the following manner for the duration of the 2015-2020 Collective Bargaining Agreement:


The current academic year in the following formula is the year during which the salary adjustments are to be awarded. The reporting academic year is the academic year for which the CUPA data are reported. This will be the academic year prior to the current academic year; for example, in determining salary adjustments for 2015-16, CUPA data from 2014-15 will be used.


Salary adjustments for eligible faculty shall be determined by the following formula3:


𝐴𝑖 = 𝑀𝑎𝑥[𝑇𝑗[𝑖],𝑘[𝑖] × 1.10∗ × (1 + 𝑀𝑖𝑛[𝑔(𝑌𝑖 ),16] × 0.0025) − 𝑆𝑖 , 0]

𝑎 × 𝑇𝑆

image

× 𝑁

𝑀𝑎𝑥[𝑇

× 1.10 × (1 + 𝑀𝑖𝑛[𝑔(𝑌 ),16] × 0.0025) − 𝑆 , 0]

𝑖=1

𝑗[𝑖],𝑘[𝑖]

𝑖 𝑖


N

Number of faculty eligible for compression and equity adjustments at Western

i

Index referring to an eligible faculty member

TS

Total of all faculty salaries in the bargaining unit in the year immediately prior to the current academic year.

𝐴𝑖

Additional amount to be added to the base salary of faculty member i.

j[i]

Index function referring to discipline (department) j, to which faculty member i belongs.

k[i]

Index function referring to rank/status k, which faculty member i possesses

𝑇𝑗,𝑘

Target salary for discipline j, rank/status k, defined as the mean salary reported to CUPA for the relevant peer group. See (2) below for details.


image


3 For 2019-20, use the following formula:


𝐴𝑖 = 𝑀𝑎𝑥[𝑇𝑗[𝑖],𝑘[𝑖] × 1.10∗ × (1 + 𝑀𝑖𝑛[𝑔(𝑌𝑖),16] × 0.0025) − 𝑆𝑖, 0]

100,000

image

× 𝑀𝑖𝑛 [ 𝑁 ∗

, 1]

𝑖=1 𝑀𝑎𝑥[𝑇𝑗[𝑖],𝑘[𝑖] × 1.10 × (1 + 𝑀𝑖𝑛[𝑔(𝑌𝑖),16] × 0.0025) − 𝑆𝑖, 0]


𝑆𝑖

Current academic year base salary of faculty member i (prior to the adjustment for the current academic year)

𝑌𝑖

Number of years of service as a tenure-track and tenured faculty member for faculty member i.

𝑔(𝑌𝑖 )

= {0 𝑖𝑓 𝑌𝑖 < 4

𝑌𝑖 𝑖𝑓 𝑌𝑖 ≥ 4

𝑎

Fraction used to calculate the amount of money available for distribution as determined by Section 22.2 of the 2015-2020 Collective Bargaining Agreement.


*

1.10 (110%) is an adjustment to account for cost-of-living differences between Western Washington University and the peer group specified in this Appendix, Section 2.a.


2. The College and University Professional Association [http://www.cupahr.org/] produces an annual higher education salary survey. The CUPA target salaries shall be based upon the following parameters:


  1. The peer group used for target salaries shall be as follows:


    2010 Carnegie Class: Master’s College and Universities (Larger Programs)

    Affiliation: Public

    Student FTE: 10,000 and above

    Excludes Western Washington University.


  2. Other CUPA parameters in calculating target salaries shall be as follows:


    Comparison data aged at default aging rate (for example, 2.1% for the 2014-2015 data).

    Aging Date: September 15 of the current academic year.

    Weighted Statistics


  3. For senior instructors, Tj,k shall be determined as follows. For faculty member i in discipline j, the “Per-Course Faculty (Four-Year Institutions)” survey data will be used to determine the mean per-credit hour wage rate Wj, for NTT faculty in discipline j as reported by CUPA. Let Ci, be the planned credit-hour load for faculty member i in the current academic year. Then:


    𝑇𝑗[𝑖],𝑘[𝑖] = 𝑊𝑗 × 𝐶𝑖 × 1.10


  4. For tenured and tenure-track faculty, Tj,k shall be obtained directly from “Faculty in Higher Education (Four-Year Institutions)” survey data.


  5. If Tj,k (or Wj,) does not exist for certain j, k combinations in the relevant peer group, representatives of the administration and the UFWW (see 22.2.8) shall obtain an estimate of Tj,k (or Wj,) for those j, k combinations using a mutually agreed-upon peer group for which the Tj,k (or Wj,) do exist.


  6. If j[i] is unavailable for faculty member i, representatives of the administration and the UFWW shall determine an appropriate code j for faculty member i. Changes in j[i] must be approved by the Provost and the UFWW President.


  7. For academic year 2018-19, Si is the academic year base salary of faculty member i as it would be on January 1, 2019 if no Compression and Equity adjustment had been awarded on September 16, 2018.