AGREEMENT
In this Agreement entered into this lst day of July, 2004 by and between the State Board of Governors hereinafter referred to as the Board and the University of Rhode Island Chapter of the American Association of University Professors, referred to hereinafter as the Association, the parties hereby agree as follows:
DEFINITIONS
1. “University”
shall be defined as the Administration of the
2. “Bargaining Unit” shall be defined as those who are specified in the certification(s) issued by the Rhode Island State Labor Relations Board.
3. “Commissioner”
shall be defined as the Commissioner or Acting Commissioner of Higher
Education for the State of
4. “President” shall be defined as the chief executive officer or acting chief executive officer of the University.
5. “Association”
shall be defined as the
6. “Continuing appointment” shall be defined as assignment to an ongoing faculty position; such assignment shall normally assume annual renewal.
7. “Faculty” as used in this Agreement means a member of the bargaining unit as defined in the Recognition Clause, Article I.
8. “Part-time faculty” shall be defined as any individual who has been appointed on a continuing basis for at least 50% of time as designated in his/her letter of appointment.
9. “Tenured faculty” shall be defined as those faculty who have been awarded academic tenure.
10. The term “Temporary Appointment” refers to persons who are assigned to temporary vacancies resulting from the absence of faculty on continuing appointment because of sickness, exchange of professorships, approved leaves, emergency personal situations, and emergency personnel situations such as temporary or unforeseeable enrollment fluctuations or late resignations of faculty.
11. “Terms and conditions” contained herein shall apply to all full-time and continuing members. Terms and conditions contained herein shall apply to part-time faculty where so specified.
12. “Limited Full-Time Faculty” Faculty who hold full-time appointments which exceed or are expected to exceed one year in duration and are supported by non-general revenue funds. The initial appointment form shall indicate this status under “remarks.”
ARTICLE
I
RECOGNITION
1.1 The Board hereby recognizes the URI Chapter of AAUP as the exclusive bargaining representative for all faculty presently or hereafter employed by the University in the bargaining unit set forth in the certification issued by the Rhode Island State Labor Relations Board and dated December 21, 1971 for -
“Full-time and continuing part-time teaching and
research faculty and limited full-time faculty which exceed or are expected to
exceed one year in duration and are supported by non-general revenue funds
including full-time Extension faculty with the rank of professor, associate
professor, assistant professor, instructor, or lecturer (as defined in Appendix
H of the collective bargaining agreement) including librarians with faculty
status and department chairs, but excluding the president, vice presidents,
assistant vice presidents, deans, associate deans, assistant deans, adjunct
non-continuing part-time, temporary, visiting or clinical faculty, faculty
equivalent appointees, faculty in the following positions: Director of the Engineering Instrument Shop,
Assistant Director of Athletics, Director of Audio-Visual Services Center,
Coordinator of Student Personnel Services, Director of the Adult Daytime Degree
Program, Director of the Academic Computer Center, Legal Counsel to the President,
University librarian and University Archivist, Director of the Counseling
Center, Associate Director of Cooperative Extension Service, Director,
International Center for Marine Resource Development, Director, Bureau of
Government Research, Assistant Vice President for Academic Affairs, Director of
intercollegiate Athletics; research associates, research assistants, graduate
assistants, teaching assistants, coaches, special assistants and special
instructors.”
ARTICLE II
MANAGEMENT RIGHTS
2.1 The Association recognizes that the Board, the Commissioner of Higher Education and the Administration of the University, have responsibility and authority to manage and direct, on behalf of the public, all the operations and activities of the University to the full extent authorized by law.
2.2 The academic year shall begin five (5) days prior to Advising Day and end on Commencement Day.
2.3 Faculty members are expected to attend all general faculty meetings called by the Dean or President and department meetings called by their department chairperson.
ARTICLE III
NON-DISCRIMINATION CLAUSE
3.1 The Board and the Association agree not to discriminate in any way against employees covered by this Agreement on account of race, sex, religion, political affiliation or beliefs, age, color, creed, national origin, disability, or sexual orientation in accordance with applicable State and Federal laws; nor will there be discrimination in respect to hiring and retention or any condition of employment because of membership in or activities on behalf of the Association.
3.2 The Association shall not discriminate against, interfere with, restrain, nor coerce an employee from exercising the right not to join the Association and shall not discriminate against any faculty member in the administration of this Agreement because of non-membership in the Association.
3.3 The Association accepts its responsibility as exclusive representative and agrees to represent all faculty members in the bargaining unit without discrimination.
3.4 The Administration and the Association shall adhere to federal and state laws and regulations as they apply to Affirmative Action.
ARTICLE IV
THE UNIVERSITY MANUAL
4.1 When items in the University Manual are in conflict with this Agreement, this Agreement shall take precedence. If no conflict exists, then the University Manual remains in force. The University Manual is not subject to the grievance or arbitration procedure.
ARTICLE V
CONSULTATION WITH PRESIDENT AND COMMISSIONER
5.1 The President or his/her designee shall meet with representatives of the Association, and representatives of the Association shall meet with the President or his/her designee once each semester for the purpose of discussing proper subjects of collective negotiations that may arise during the life of this Agreement or subsequent Agreements and to discuss those matters necessary to the implementation of this Agreement which are local in nature, provided each party gives fifteen (15) days written notice to the other party advising of a date and time for meeting and provided each party submits a written agenda no less than five (5) days before the scheduled date of the meeting.
5.2 The Commissioner or his/her designee shall meet with representatives of the Association, and representatives of the Association shall meet with the Commissioner or his/her designee once each semester for the purpose of discussing proper subjects of collective negotiations that may arise during the life of this Agreement or subsequent Agreements and to discuss those matters necessary to the implementation of this Agreement, provided each party gives fifteen (15) days written notice to the other party (including a copy to the President) advising of a date and time for meeting and provided each party submits a written agenda no less than five (5) days before the scheduled date of the meeting.
5.3 Nothing contained herein shall prevent the Association from consulting with the Commissioner and the President at times other than those set forth above, if matters of mutual concern arise of an urgent or emergency nature.
ARTICLE VI
MEMBERSHIP LISTS
6.1 The University shall provide the union, no later than October 15 and February 15 of each year, a resume, the starting salary and rank for each new faculty appointment within the unit. The University shall provide the union with a list of faculty terminations within the unit no later than October 15 and February 15 of each year.
ARTICLE VII
ACADEMIC FREEDOM
7.1 Faith in the
fundamental importance of freedom forms a major theme in the history,
government and tradition of the State of
7.2 Academic freedom
has been defined and codified in a statement of principles that was prepared by
representatives of the American Association of University Professors and the
Association of American Colleges.
Adopted by both organizations in 1941 and later endorsed by many other
professional and learned societies, it is known as the “The 1940 Statement of
Principles on Academic Freedom and Tenure.”
The Board and the
“Institutions of higher education are conducted for the common good and not to further the interest of either the individual teacher* or the institution as a whole. The common good depends upon the free search for truth and its free exposition.
“Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspects is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights.
“The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of his/her other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
“The teacher is entitled to freedom in the classroom in discussing his/her subject, but he/she should be careful not to introduce into his/her teaching controversial matter which has no relation to his/her subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.
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*The word “teacher” as used in this document is understood to include the investigator who is attached to an academic institution without teaching duties.
“The college or university teacher is a citizen, a member of a learned profession, and an officer of an education institution. When he/she speaks or writes as a citizen, he/she should be free from institutional censorship or discipline, but his/her special position in the community impose special obligations. As a person of learning and an educational officer, he/she should remember that the public may judge his/her profession and his/her institution by his/her utterances. Hence he/she should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that he/she is not an institutional spokesperson.”
7.3 The university faculty member is a citizen, and like other citizens, should be free to engage in political activities so far as he/she is able to do so consistent with his/her obligations as a faculty member.
7.4 Many kinds of political activity (e.g., holding part-time office in a political party, seeking election to any office under circumstances that do not require extensive campaigning, or serving by appointment or election in a part-time political office) are consistent with effective service as a member of a faculty. Other kinds of political activity (e.g., intensive campaigning for elective office, serving in a state legislature, or serving a limited term in a full-time position), will often require that the faculty member seek a leave of absence from the university.
7.5 A leave of absence incident to political activity should, when practicable, come under the university's normal rules and regulations for leaves of absence without pay.
ARTICLE VIII
PROFESSIONAL ETHICS AND RESPONSIBILITIES
8.1 The URI Chapter of the AAUP endorses the Statement of Professional Ethics prepared by the American Association of University Professors:
“Professors, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end professors devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although professors may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.
“As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Professors demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Professors make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit. They respect the confidential nature of the relationship between professor and student. They avoid any exploitation, harassment, or discriminatory treatment of students. They acknowledge significant academic or scholarly assistance from them. They protect their academic freedom.
“As colleagues, professors have obligations that derive from common membership in the community of scholars. Professors do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates. In the exchange of criticism and ideas professors show due respect for the opinions of others. Professors acknowledge academic debt and strive to be objective in their professional judgment of colleagues. Professors accept their share of faculty responsibilities for the governance of their institution.
“As members of an academic institution, professors seek above all to be effective teachers and scholars. Although professors observe the stated regulations of the institution, provided the regulations do not contravene academic freedom, they maintain their right to criticize and seek revision. Professors give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it. When considering the interruption or termination of their service, professors recognize the effect of their decision upon the program of the institution and give due notice of their intentions.
“As members of their community, professors have the rights and obligations of other citizens. Professors measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their profession, and to their institution. When they speak or act as private persons they avoid creating the impression of speaking or acting for their college or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.”
Faculty members shall adhere to University policies and procedures for: class attendance, course scheduling, final examinations, course expectations and grading policies, development and distribution of course syllabi, availability for student conferences and advising, the timely submission of grades, and maintaining and retaining records of grades and all student products not returned to the students.
ARTICLE IX
SELECTION OF DEANS
9.1 Dean
Selection Committee: Whenever a
vacancy occurs in one of the following positions: Dean of the Colleges, Dean of the
9.2 Review of Qualifications: The advisory committee shall help assemble by various means a list of suitable candidates for the vacant office; shall screen the candidates by reviewing their qualifications; shall make recommendations regarding the candidates to the President.
ARTICLE X
DEPARTMENT CHAIRPERSONS
10.1 Position of the Chairperson. Department Chairpersons are essentially department administrators. They are responsible to the college Dean and then to the President for administering University policies and for providing administrative leadership to the department of which they are active members, and which they are appointed to lead.
The duties and responsibilities of department chairpersons are as follows: A department chairperson shall have administrative responsibility for the program of the department under the Dean of his/her college; provide leadership to department members in planning and developing policies and programs; evaluate the instructional, research and administrative processes of the department and make recommendations to the Dean; evaluate periodically the department members and report the evaluations as required; recommend appointments, reappointments, award of tenure, promotions and dismissals of department members; insure that adequate supervision, advice and training are provided to new department members and others who might profit there from; generally promote the welfare of the department and the University by every appropriate means; and carry out such other duties as are set forth elsewhere in the University Manual.
10.2 Dual Role of the Chairperson: Chairpersons have a dual role: on the one hand, they have the obligation to perform research/scholarship and teaching as do the regular faculty; on the other hand, they must work with the administration to administer and promote the University's policies. The Association supports the chairperson in his/her faculty role as regular faculty are supported.
10.3 Search Committee. When it is determined that the position of chairperson of a department will become vacant, the Dean of the college shall appoint within thirty (30) days of such determination a Search Committee to be charged with the compilation of a list of recommended candidates for submission to the Provost and to the President.
This Committee shall consist of no fewer than five (5) and no more than seven (7) members of the full-time faculty, at least one (1) but not more than two (2) of whom shall be chosen from outside the department in question, but with interests closely allied to those of the department. Every effort shall be made to have representatives of women and protected classes on the search committee. The outgoing department chairperson shall not be a member of the Search Committee. An acting chairperson may be a member of the Search Committee if he/she is not a candidate for the position. In the case of departments with fewer than four (4) members, the Dean shall appoint the Committee, provided that the membership chosen from outside the department shall not exceed the total number of department representatives. The Committee shall choose its own chairperson.
10.4 Screening and
Interviews. The Search Committee
shall solicit names of possible candidates from the University faculty and
elsewhere. Names of candidates from
within the present faculty, as well as those from without, may be
considered. The Search Committee shall
adhere to the principles of Affirmative Action and will arrange for on-campus
interviews of candidates in conjunction with the Dean of the college, who will
arrange in advance through the Provost for necessary travel reimbursement for
the candidates. The number of candidates
invited to visit the campus will be decided by the Search Committee and the
Dean. Any candidate visiting the campus
will meet with the faculty of the department and the Dean, and whenever possible
with the Dean of the
10.5 Choice of Candidate. After the Search Committee has conducted appropriate interviews and completed its screening, it shall submit to the Dean the name(s) of acceptable candidates in order of preference, if any. The Dean will forward with recommendation(s) the name(s) of the candidate(s) to the Provost and the President. The President may appoint one of the candidates recommended by the Search Committee. If the President cannot accept any of the candidates suggested, he/she shall explain in writing to the Chairperson of the Search Committee the reason(s) for his/her decision, and will request the Committee to continue its search until a candidate acceptable to the Committee and the President is appointed.
10.6 Duration of Appointment. The initial appointment of a department chairperson shall be for a three-year period, and it may be renewed for terms of three (3) years each upon the recommendation of the Dean subject to conditions set forth under Section 10.7 below. A chairperson will normally serve no more than four (4) consecutive terms for at total service of twelve (12) years. Upon petition of two-thirds of the department faculty on full-time continuing appointment of the rank of instructor or above, and upon approval of such petition by the Dean of the college presented to the President no later than March 15 of the third year of the chairperson's fourth term of office, the President may appoint a chairperson for an additional three-year term. If the President declines to appoint the chairperson to a fifth term, he/she shall explain his/her reasons in writing to the Dean and to the department faculty by April 1, and shall request that a search for a new chairperson be instituted under the provisions of Section 10.3 of this Agreement. Any further reappointment beyond a five-term limit shall be the subject of special negotiations among the department faculty, the Dean of the college, the Provost, and the President.
If a department chairperson resigns before the end of any three-year term, an acting chairperson shall be appointed by the President upon the recommendation of the Dean of the college in consultation with the members of the department.
10.7 Renewal of Appointment. The President shall reappoint a chairperson upon the advice of the Dean of the college, who shall meet with and receive the vote of the full-time members of the department on a continuing appointment with the rank of instructor or above. This meeting and the vote of the faculty shall be held no later than February 15 of the third year of the chairperson's term.
The meeting shall be convened by the Dean, and the chairperson shall not be in attendance. The Dean shall solicit from the full-time and continuing faculty written recommendations regarding the retention of the chairperson. These recommendations, received from those faculty who may choose to submit them, shall be forwarded by the Dean together with the vote and his own written recommendation, to the Provost and thence to the President no later than March 15, and the chairperson and the department faculty shall be advised concurrently in writing of the Dean's recommendation. If the Dean's recommendation is positive and the President accepts it, the chairperson shall be notified of his/her reappointment no later than April 30. If the President does not accept the recommendation of the Dean or the department, he/she shall explain his/her reason(s) in writing to the Dean and the department.
10.8 Annual Review. The chairperson shall be subject to all of the procedures to be followed for all faculty in matters of recommendation for his/her own promotion, retention, non-renewal, termination, or award of tenure as a faculty member as provided under Article XV: The Annual Review. The Dean of the college shall prepare the Annual Review of the chairperson in the same manner as it is prepared by the chairperson for other faculty. All peer evaluations as required under Section 15.7 shall be submitted to the Dean. The chairperson's Annual Review shall remain with the Dean so long as the chairperson holds his/her position. The chairperson shall have the same access to his/her own Annual Review as provided for all other faculty. Once the chairperson resigns his/her position, either to return to the teaching faculty of his/her department, to leave the University, or to retire, a copy of his/her file of Annual Reviews shall be forwarded by the Dean to the department for filing or other disposal in the same manner practiced within the department for all other faculty.
10.9 Chairpersons shall be appointed at a salary and rank commensurate with their professional qualifications.
10.10 A chairperson shall be given a calendar year appointment when the responsibilities and duties of his/her office warrant it. This will be determined by the Dean of the college and the Provost.
10.11 A chairperson appointed on an academic year basis shall be eligible to recontract for the summer at no less than 4% and no more than 20% of his/her academic salary, the amount to be determined in consultation with the Dean and Provost upon approval of the President. The Provost shall notify the chairperson of the amount by June 1. If the chairperson is recontracted on this basis and chooses in addition to teach or to conduct other work for remuneration (e.g., outside grants) the combined amount shall not exceed 25% of the chairperson's academic salary.
10.12 Summer Replacement for Chairpersons. A chairperson on academic year contract who does not recontract for the summer when the requirements of the position make it necessary as determined by the Dean and the Provost, may designate with the concurrence of the Dean a senior ranking faculty member within his/her department to act on his/her behalf during the summer term. Such faculty member shall be eligible to recontract for the summer at no less than 4% and no more than 20% of his/her academic salary, the amount to be determined in consultation with the Dean and Provost upon approval of the President.
10.13 Relinquishment of Position for Other Duties. If a chairperson accepts any administrative duty on a temporary or emergency basis (interim or acting Dean, Assistant or Associate Dean, interim or acting Vice-President, or any similar or related position) he/she shall be removed immediately from the bargaining unit, and he/she shall at once relinquish his/her position as chairperson. Upon recommendation of the Dean and consultation with the department faculty, the President shall appoint an interim or acting chairperson to serve for the length of time that the chairperson occupies such administrative position for the balance of the academic year if the position is accepted before the academic year has begun. Upon completion of the emergency or temporary duties, the chairperson, at his/her own discretion, may return to his/her position as chairperson and will immediately be returned to the bargaining unit. If the chairperson undertakes temporary or emergency administrative duty before the beginning of the academic year, continues to serve into a second academic year after undertaking the duties during the course of an academic year, or chooses to remain in the administrative position, or chooses to return to the department as a faculty member, relinquishing the chairship, the position of chairperson shall be declared vacant and a new chairperson shall be chosen under the provisions of sections 10.3 through 10.5.
10.14 Position after Retirement, Dismissal, or Resignation. A chairperson may resign his/her position at anytime within the specified appointment period without prejudice. While he/she will normally give notice of one (1) year, he/she may step down at any time, at which time an acting chairperson shall be appointed by the President as noted in Section 10.6, pending selection of a replacement through the Search Committee. A chairperson who has resigned his/her position, provided his/her rank is tenured and he/she is not retiring or resigning from the University, will be placed on an academic or calendar year appointment. If he/she held a calendar year appointment and he/she is placed on an academic appointment, his/her salary shall be adjusted in accordance with Section 11.14 Change of Calendar or Academic Year Appointment. Any additional remuneration because of the position of chairperson shall be relinquished.
10.15 Leave Replacement. In the event that a chairperson will be absent because of extended leave (sabbatical, leave without pay, and so on) for a period of one (1) semester or longer, a temporary replacement shall be appointed by the President under the conditions which obtain under Section 10.13 above.
10.16 All of the provisions of Article X are subject to the grievance and arbitration procedures.
10.17 Nothing in this Article shall prevent a department from permitting students to be consulted in the selection process.
10.18 Removal of Chairperson. The following procedures shall apply in case it is determined that a chairperson should be removed from office prior to the expiration of his/her three-year appointment period.
10.18.1 If the department faculty determines that the chairperson is not properly fulfilling his/her responsibilities, the faculty may forward to the President a petition for removal of the chairperson signed by two-thirds of the full-time members of the department on a continuing appointment with the rank of instructor or above, excluding the chairperson, with reasons for such determination stated in writing. The President shall then hold a hearing on the matter with the parties involved, including representation from the Association. Upon conclusion of the hearing, the President shall render his/her decision in writing with reasons therefore within thirty (30) calendar days to the full membership of the department faculty and to the Dean.
10.18.2 If the President determines that the chairperson is not properly fulfilling his/her responsibilities, he/she may terminate the appointment of the chairperson, explaining his/her reasons in writing to the Dean of the college, to the chairperson, and to the department faculty. If requested by the chairperson, the President shall hold a hearing on the matter with the parties involved under the conditions which obtain in Section 10.18.1 above.
ARTICLE XI
SELECTION AND APPOINTMENT OF FACULTY MEMBERS
11.1 All members of a department at the rank of instructor and above shall be informed of vacancies and new positions within their departments by the department chairperson.
11.2 Unless circumstances prohibit, a department meeting shall be held to determine the basic specifications of each position to be filled, including academic credentials and experience in teaching and research.
11.3 The chairperson will review all applications received with all those members of his/her department who have full-time regular and continuing University appointments and shall report to the Dean of the college candidates to be personally interviewed.
11.4 When candidates are
brought to the campus, department members shall be informed and arrangements
shall be made for the candidate to meet with as many department members as
possible. The candidates' schedule of visits shall also include the Dean of the
college involved and normally the Dean of the
11.5 The chairperson shall seek the opinions of all those members of his/her department who have full-time regular and continuing university appointments on their choice of candidates before his/her final recommendation for appointment is submitted to the Dean of the college. The chairperson's recommendation shall include a report of the comments of those members of the department who were consulted.
11.6 Teaching and research effectiveness shall be principal factors in deciding faculty appointments, but the balance between the two activities may vary from position to position.
11.7 Each candidate who is appointed shall be informed in writing by the department chairperson of the personnel policies of particular importance to new staff members and of his/her specific official duties.
11.8 Each candidate who is appointed shall be informed in writing at the time of appointment by the Dean of the general criteria that will be used to judge his/her acceptability for promotion and/or tenure at URI.
11.9 If the appointment is approved by the Dean of the college, he/she shall recommend the appointment of the candidate to the Provost who, if he/she approves, makes a recommendation to the President. If the President approves, he/she shall appoint the faculty member.
11.10 When the majority of a department judges that the size of their department makes it difficult for all members to participate in the selection procedures, the department may form a selection committee to act in its behalf. Departmental selection committees shall be elected from members of the department and shall be representative of all academic ranks in the department. It shall assume the powers and duties of the department in the selection procedure. The department chairperson shall serve as chairperson of the selection committee.
11.11 Nothing in this Article shall prevent a department from permitting students to participate in the selection process.
11.12 New faculty shall receive an appointment form Personnel Memorandum (USP-2), stating all special conditions of employment. A copy of same shall be furnished to the Association within thirty (30) days after execution.
11.13 Faculty shall receive a copy of Personnel Action Form (CS-3) with every salary change.
11.14 Change of Calendar or Academic Year Appointment. Any faculty member on calendar year appointment who so requests may be permitted to revert to an academic year appointment upon approval of said request by his/her Dean. The academic year salary of any faculty member going to academic from calendar year appointment shall be no less than but not necessarily limited to his/her calendar year salary divided by 1.2.
Whenever it is desirable, after consultation among the faculty members, the department chairperson, the Dean and the Provost, to change a faculty member from an academic to a calendar year appointment, the adjusted salary shall be 1.2 times the academic year salary.
11.15 Personnel Files. As of the effective date of this Agreement,
each Dean shall maintain a college personnel file for each member of the
college faculty. Such file shall contain
copies of all personnel transactions, all official correspondence with the
faculty member, and all evaluation reports, except peer evaluations (submitted
under Article XV prior to
11.15.1 No anonymous material whatsoever shall be placed in a faculty member's college personnel file, or in any other University file.
11.15.2 Materials shown to be false or unsubstantiated shall be removed from all such files. In the event of any dispute as to the removal of such material from any file, the faculty member may submit a written rebuttal which shall become a part of that file. By mutual agreement between the faculty member and the dean, negative materials in the file relating to a particular instance or conduct shall be removed after five (5) years, assuming no other similar instances relating to that conduct have been placed in the personnel file. This clause shall not refer to evaluation reports, i.e. annual reviews.
11.15.3 The grievance file shall be maintained separately from the faculty member's personnel file.
11.15.4 If documents of record as specified in Section 11.15 are missing from the file, the faculty member may resubmit copies of these documents to complete the file.
11.15.5 Right of Examination. The faculty member shall have the right to examine and to reproduce at his/her own cost any document in any of his/her own personnel files at any time during normal business hours and to file a statement in response to any item placed in his file, provided, however, that any letters of recommendation solicited confidentially in connection with his/her initial appointment shall not be available to the faculty member.
A designated member of the Association, having written authorization from the faculty member concerned, and in the presence of a representative of the University, may examine any personnel files of that faculty member, except for the limitation provided in the preceding paragraph, if the examination relates to a filed grievance in preparation, or a written charge or charges preferred against the faculty member by the University.
ARTICLE XII
WORKLOAD
12.1 Functions and goals of departments and colleges differ through out the University. Since the various subject areas have evolved from different academic and professional traditions, the precise manner in which each department contributes to teaching, research and public service cannot be specified uniformly on a University wide, college-wide nor even on a department-wide basis. Furthermore, as is the case with other professionals, University faculty members can be most effective only if there is reasonable flexibility in determining the manner in which they shall carry out their responsibilities. Individual workload assignments shall take into account teaching, research, and University and public service.
ARTICLE XIII
SALARIES
13.1 Salaries for full-time faculty will be in accordance with Appendix A of this Agreement.
ARTICLE XIV
FRINGE BENEFITS
14.1 For the term of the 2004-07 collective bargaining agreement, the health insurance benefits extended to eligible University faculty shall be those for which the Director of Administration has contracted in accordance with RIGL 36-12. Any health insurance premium sharing negotiated between the Department of Administration and the Working Rhode Island union coalition during the life of the agreement shall be implemented in the same manner and shall have the same effective date for this bargaining unit. In the event that an agreement on premium sharing is not reached with the Working Rhode Island union coalition, the Board of Governors and the AAUP agree to implement, in the same manner and with the same effective date, the first agreement on premium sharing that may be reached between the Department of Administration and any bargaining unit, except the Association of Administration Supervisors, the Association of Budget Officers, and the Physicians Association.
14.1.1 This benefit shall apply to part-time faculty as defined in the contract.
14.1.2 The effective date of the health insurance coverage for newly hired faculty will be on or before the 20th of August for faculty commencing duties that fall semester.
14.1.3 Health insurance will also be provided to eligible domestic partners.
14.2 Life Insurance. All faculty members covered by this Agreement are subject to and have the benefits of the State Group Life Insurance Program.
14.2.1 This benefit shall apply to part-time faculty as defined in the contract.
14.3 Disability Insurance. All faculty members covered by this Agreement are subject to and have the benefits of the State ERS or TIAA Group Insurance Policy whichever applies, in accordance with rules and regulations of such systems.
14.4 Retirement Program. Full-time members of the faculty who are exempt from the merit system of the State of Rhode Island shall be required to participate in the Teachers Insurance and Annuity Association-College Retirement Equity Fund (TIAA-CREF) or an equivalent program offered by the Board of Governors (such as VALIC or Metropolitan Life Insurance Company which are also currently offered as of July 1, 1997) after two (2) years of service and attainment of age thirty (30) as a condition of employment and as provided by law. Faculty members who are members of the Rhode Island Employee Retirement System at the time of employment shall be excepted. Participation is permitted, on a voluntary basis, on completion of two (2) years of employment for eligible employees under thirty (30) years of age.
14.4.1 Part-time faculty shall participate.
14.5 Tuition. General fees or course charges for all full-time faculty members may be waived when they undertake a regular study program at the University. Spouses, children and domestic partners of full-time faculty who are not full-time students may be registered, with the approval of the Registrar, for no more than three (3) courses up to and including eleven (11) credits in any one semester for undergraduate work and no more than two courses up to and including eight (8) credits in any one semester for graduate work.
Spouses, children and domestic partners of full-time faculty, enrolled full-time or part-time in the University, degree or non-degree candidates, shall pay all regular University fees except the General Fee. Children eligible are those who are unmarried and under age 21 at the time of original registration and who remain continuously registered.
14.5.1 Tuition waivers as described in this
Article for all full-time faculty members shall also be made available for
courses at the
14.5.2 If a student, who is otherwise eligible for tuition waiver in this section, withdraws while in good academic and disciplinary standing at the University and is readmitted within one (1) year to the University, then he/she shall continue to be eligible for tuition waiver so long as he/she remains continuously registered thereafter and is otherwise eligible.
14.5.3 The tuition waiver benefit, as described in Section 14.5, will be made available for children, spouses and domestic partners of deceased faculty members who have served full-time for seven or more years and who are in the employ of the University at the time of death.
ARTICLE XV
THE ANNUAL REVIEW
15.1 Purpose. Each faculty member is entitled to know in writing what is expected of him/her, and to be informed as to how he/she is performing his/her pro