5.1  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.

5.2  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:

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

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

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

D. 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.

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

F. 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.

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

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

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

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

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

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