·ï»Ë²ÊƱƽ̨

1.1 The Parties recognize that the object of the University is the attainment of high standards of academic excellence in the pursuit and dissemination of knowledge for the benefit of students and of the academic and wider communities. The Parties agree to cooperate in encouraging within ·ï»Ë²ÊƱƽ̨ a climate of freedom, collegiality, responsibility and mutual respect in the pursuit of these objectives.

1.2 The Parties recognize that the goals of the University include, but are not limited to, the following: 

(a) the attainment of high standards of excellence in teaching, scholarship, research and the creative arts; 

(b) the development of skills and attitudes essential for scholarly study and scientific investigation and for the effective sharing of the results of these activities with fellow scholars and with the community at large; 

(c)  the encouragement of the pursuit of truth by individuals and groups through research, free enquiry and criticism in order to extend the frontiers of knowledge and understanding; 

(d) the provision of an environment which will support the intellectual, cultural, and physical development of the University community; 

(e) the promotion and execution of the general objective of the University as set out under 1.1 above. 

1.3 It is the purpose of this Agreement: 

(a) to set out terms and conditions of employment for Members of the Bargaining Unit; 

(b) to foster a working environment which enables Members to achieve the objectives and goals of the University; 

(c) to foster and maintain collegial relations within the ·ï»Ë²ÊƱƽ̨ community;   

(d) to ensure the equitable treatment of Members through fair, open and transparent procedures and practices;   

(e) to provide means for settling differences which may arise from time to time between ·ï»Ë²ÊƱƽ̨, hereinafter referred to as the University, as defined in Article 2, and ·ï»Ë²ÊƱƽ̨ Faculty Association (WLUFA), hereinafter referred to as the Association, as defined in Article 2.

academic sub-unit, or department (or equivalent): designates an academic division such as a department, program, whose academic administrator is a Member of the bargaining unit. The library is a unit without sub-units. 

academic term: there are 3 academic terms in the calendar year: Fall term (September 1 to December 31), Winter term (January 1 to April 30), Spring term (May 1 to August 31). Intersession (May and June) and Summer Session (July and August) courses shall be considered part of the Spring Term. 

academic unit: is a faculty, division, library, school, or other unit headed by a Dean, University Librarian, or other person excluded from the bargaining unit as managerial by the certificate issued by the Ontario Labour Relations Board, October 3, 1988.  academic year: a period of 12 calendar months which, unless otherwise indicated, commences on September 1 of any year and ends on August 31 of the following year. 

Act: designates The ·ï»Ë²ÊƱƽ̨ Act, 1973 and The ·ï»Ë²ÊƱƽ̨ Amendment Act, 2001, as amended. 

actual salary: is the salary received by a Member on a Reduced Load appointment, and shall be a negotiated proportion of the Reference Salary. Agreement: is this collective agreement negotiated between and ratified by the University and the Association. 

Associate University Librarian: is an academic librarian excluded from the Bargaining Unit who is accountable directly to the University Librarian and may be delegated to perform tasks in their name. There shall be no more than 2 Associate University Librarians. Librarian Members shall report directly either to one (1) supervising Associate University Librarian or to the University Librarian. 

Association: is the ·ï»Ë²ÊƱƽ̨ Faculty (and Librarians) Association, (also WLUFA). The Association is a trade union defined under the Ontario Labour Relations Act, and is hereinafter referred to as the Association or the Union. 

Bargaining Unit: includes all full-time faculty and full-time librarians employed by ·ï»Ë²ÊƱƽ̨ as defined and clarified by the certificate of the Ontario Labour Relations Board, number 0477-88-R, dated October 3, 1988, and attached as Appendix A. 

Board: is the Board of Governors of ·ï»Ë²ÊƱƽ̨, as provided for in the Act.

Chair: with an initial upper case letter designates a Member who is administrative officer of a department or academic sub-unit, and for the purposes of this Agreement, the Associate Dean in the Department of Business is equivalent to a Chair.   

chair: with an initial lower case letter designates a chair of a committee.

Chair, librarians-in-council: is a Librarian Member elected by the librarians-in-council to chair meetings of the librarians-in-council.

Contract Academic Staff: is a person who is not a full-time Faculty Member and who teaches courses on contract under the terms of the Collective Agreement between ·ï»Ë²ÊƱƽ̨ and ·ï»Ë²ÊƱƽ̨ Faculty Association for Part-time Contract Academic Staff and Part-time Librarians, 2013-2016. 

contract year: is the period from July 1 of one calendar year to June 30 of the next. 

course: is a unit of study for credit  in a given discipline, approved by Senate and listed in the University calendar, and identified by a unique number and name. A one (1.0) credit course is normally taught during 2 consecutive academic terms; a one-half (0.5) credit course is normally taught during one academic term; a course of less than one-half credit is normally taught during part of one academic term.

day: means a working day, exclusive of Saturdays, Sundays and all holidays observed by the University. 

Dean: is the head of an academic unit that administers a program of study that leads to a degree.

Department: an academic department as duly constituted by the Senate and Board.

department-in-council: includes all Members of the Bargaining Unit in the academic sub-unit as voting members; Contract Academic Staff in accordance with Article 11.2.2(e) of the Part-time Collective Agreement, September 1, 2016 – August 31, 2019 with the elected representatives serving as voting members. The minimum number of voting members shall be 5. If there are not sufficient Members and Contract Academic Staff to properly constitute a department-in-council, the members of the Department shall select additional Members from cognate disciplines in the academic unit. If sufficient additional Members from cognate disciplines in the academic unit are not available, Member(s) from the discipline or a cognate discipline from another academic unit or sub-unit shall be appointed. The Department members shall recommend these additional Members to the Dean; this recommendation shall be subject to the approval of the Dean, and such approval shall be in writing and sent to the Chair of the Department. The department-in-council may include other representatives as designated by Department and Faculty policies.

designate: is a person authorized to act on behalf of an officer of the University, an officer of the Association, a Chair of a department, or a chair of a Committee. 

Divisional Faculty Council: shall consist of all full-time faculty in each division; CAS in accordance with 11.2.2(b), with the elected CAS serving as voting members; and at least one (1) student representative of each academic administrative department having a program within that division. 

Faculty: an academic faculty as defined by the Act. 

faculty-in-council: for the Faculty of Education, the Faculty of Music, and the Faculty of Social Work, the faculty-in-council includes all Members of the Bargaining Unit in the academic unit as voting members; Contract Academic Staff in accordance with Article 11.2.2(b) of the Part-time Collective Agreement, September 1, 2016–August 31, 2019 with the elected representatives serving as voting members; and other representatives as designated by Faculty policies. 

Full-time Faculty Member: a Faculty Member appointed by the Board to the rank of Lecturer, Assistant Professor, Associate Professor, or Professor. 

Full-time Librarian: a professional librarian appointed to the rank of Librarian I, Librarian II, Librarian III or Librarian IV and who, on average, performs duties for 24 hours or more per week during the period of their employment. 

grievance: is any dispute or difference arising out of the application, interpretation, administration, or alleged violation of the provisions of this Agreement. 

intramural course: is a regular course taught on a University campus for academic credit; such courses do not include off-campus courses offered by the Lazaridis School of Business and Economics, Additional Qualification courses offered by the Faculty of Education, one-on-one teaching, such as directed studies courses and Faculty of Music studio courses in practical study and composition, or any other courses approved by the Joint Liaison Committee. 

lab section: is a class in which the instruction, supervision, and assessment of student work is conducted in a University facility designated as a laboratory.   

librarians-in-council: includes all Members of the academic unit as voting members; part-time professional librarians in accordance with Article 11.2.2(d) of the Part-time Collective Agreement, September 1, 2016 – August 31, 2019, and other representatives as designated by Library policies.

Library Council: is chaired by the University Librarian and includes all full-time and part-time professional librarians employed in the Library as librarians, and other members as approved by Senate.

Member: when printed with an initial upper-case letter is a Member of the Bargaining Unit as defined by the Ontario Labour Relations Board Certificate, number 0477-88-R, dated October 3, 1988, attached as Appendix A; and includes Faculty Members with the rank of Lecturer, Assistant Professor, Associate Professor, and Professor, and Librarians with the rank of Librarian I, Librarian II, Librarian III, and Librarian IV, as Members of the Bargaining Unit.

member: when printed with an initial lower-case letter is a member of a committee or other group.

music studio course/music therapy practicum course: is a credit course offered by the Faculty of Music in which students are taught by a studio instructor or supervised by a music therapist on a one-on-one basis.

non-departmentalized academic unit: is an academic unit without sub-units, namely the Faculty of Education, the Faculty of Music, the Faculty of Social Work, and the Library.

off-campus course: is a credit course offered in the off-campus degree or diploma program (i.e., not on the Waterloo, Kitchener, or Brantford campuses) by the Lazaridis School.

official count date: is the date in each academic term on which the University counts student enrolment for purposes of submitting official counts to the Ministry of Advanced Education and Skills Development.

Online Learning Course: is a credit course taught using delivery modes such as the Internet, correspondence and videotape, offered through the Centre for Online Learning.

Parties: to this Agreement are the University and the Association, hereinafter also referred to as WLUFA or the Union.

Part-time Appointment Committee: is a committee of Members elected under Article 13.3 of the Part-time Contract Academic Staff and Part-time Librarians (2016-2019) Collective Agreement to post CAS courses, evaluate applications for CAS courses and evaluate CAS members for seniority status.

President: the President of the University.

Program Coordinator: a Member who is administrative officer of an academic sub-unit that exists outside of Departments.

Reduced Work load: is an appointment in which a Member at their request carries a reduced workload for a specified period of time.

Reference Salary: is the Member's annual gross salary to which the Member shall be entitled when the Member continues in full-time appointment, excluding any additional stipends or other special income.

Senate: is the Senate of ·ï»Ë²ÊƱƽ̨, as constituted pursuant to the Act.

Seniority status: a member of the part-time contract academic staff bargaining unit who has seniority status in a course or substantially similar course and who has maintained a satisfactory teaching performance is entitled to an appointment to teach the course or substantially similar course provided that the course is to be taught by Contract Academic Staff and the member has accrued the most seniority points.

spouse: except where otherwise indicated, is a person married to a Member, or cohabiting with a Member continuously for a period of not less than one (1) year, inclusive of same sex partners.

sub-unit-in-council: consists of the department-in-council for Departments or the Program Coordinating Committee for programs. The sub-unit-in-council includes all Members of the Bargaining Unit in the Department or program as voting members; Contract Academic Staff in accordance with Article 11.2.2(e) of the Part-time Collective Agreement 2016-2019, with the elected representatives serving as voting members. The minimum number of voting members shall be 5. If there are not sufficient Members and Contract Academic Staff to properly constitute a sub-unit-in-council, the members of the sub-unit shall select additional Members from cognate disciplines in the academic unit. If sufficient additional Members from cognate disciplines in the academic unit are not available, Member(s) from the discipline or a cognate discipline from another academic unit or sub-unit shall be appointed. The sub-unit members shall recommend these additional Members to the Dean; this recommendation shall be subject to the approval of the Dean, and such approval shall be in writing and sent to the Chair of the Department or Program Coordinator, as appropriate. The sub-unit-in-Council may include other representatives as designated by sub-unit and Faculty policies.

Temporary Chair: is a Member elected by the appropriate faculty-in-council or by the librarians-in- council to serve as chair of the academic unit's Appointment and Promotion Committee, and, in the Faculty of Education, the Faculty of Music, and the Faculty of Social Work, to preside at meetings of the faculty-in-council in accordance with 13.13.12.

tutorial section: is a class designed to complement lectures in a course by meeting with students to discuss and analyse texts, readings, cases and exercises. Members who teach tutorial sections are responsible for the preparation for the tutorials, and for the assessment of student work and participation.

University: means ·ï»Ë²ÊƱƽ̨, the Employer as mentioned in the certificate of the Ontario Labour Relations Board, number 0477-88-R, dated October 3, 1988, and its designates, the Board of Governors of ·ï»Ë²ÊƱƽ̨, or any officers authorized to act on behalf of the Board.

University Faculty Council: includes all Members and all Part-time Contract Academic Staff members and Part- time Librarians as voting members.

University Librarian: the head librarian of the University Library.

University Library: includes the Library on the Waterloo campus and all other locations where the University provides library services employing one or more full-time or part-time professional librarians.

Vice-Dean: is an academic position excluded from the Bargaining Unit that is accountable directly to a Dean and may be delegated to perform management tasks in their name, except for those provided in Appendix I Merit.

3.1 Recognition

3.1.1 The University recognizes the Association as the sole and exclusive bargaining agent for Members of the Bargaining Unit as defined by the certificate of the Ontario Labour Relations Board, number 0477-88-R, dated October 3, 1988, attached as Appendix A. All full-time faculty members and professional librarians appointed to the Brantford Campus shall be Members of the Bargaining Unit represented by the Association.

3.1.2 For greater certainty, the following persons are excluded from the Bargaining Unit as defined by the certificate of the Ontario Labour Relations Board dated October 3, 1988 as amended by the parties in the Letter of Understanding #6:

(a) the President, Vice-Presidents, Vice Provost, Deans, Vice-Deans, the University Librarian (UL) and Archivist, Associate University Librarians (AULs), Associate Vice-President: Equity, Diversity and Inclusion, including an individual appointed in an acting capacity to serve temporarily in one of these offices, or one of these officers on an administrative leave that falls within a term of office, or between 2 consecutive terms of office;

(b) persons holding visiting or In-Residence appointments for one (1) year or less.

3.1.3 In the event that the administrative appointment of a full-time faculty member or full-time librarian member, who is excluded from the Bargaining Unit under 3.1.2(a), comes to term or is terminated prior to coming to term, the provisions of Article 39 shall apply.

3.1.4 Nothing herein shall prevent the teaching of courses or the performance of librarian responsibilities or the pursuit of research, scholarly or creative activities by those persons excluded from the Bargaining Unit in 3.1.2 (a) and (b).

3.2 Association Facilities

3.2.1 The University agrees to continue to provide to the Association, without charge, the use of a suitably serviced and maintained, centrally-located office at the Waterloo Campus. The University shall also provide internal telephone services with external access (provided that the Association will pay all long-distance charges) and use of the intra-University mail delivery service.

3.2.2 The University shall make available to the Association duplication, computing and audio-visual services, and such other University services as may be agreed upon from time to time by the Parties at the then current internal Departmental rate.

3.2.3 The University shall provide the Association access to meeting rooms on campus for Association business through the University's room booking office and following the normal booking procedures and regulations.

3.2.4 The University agrees to print and provide, without charge, one (1) copy of this Agreement (including all appendices) to each Member, upon request, one (1) copy to each new Member appointed during the life of the Agreement, and 50 copies to the Association. The University shall also provide to all Members the electronic link to access the online version of this Agreement.

3.3 Association Membership and Service

3.3.1 Every Member shall have the right to join the Association and as a member of the Association to participate in its activities. The University shall not interfere with members of the Association attending Association meetings or attending to Association business providing such participation or attendance does not interfere with the performance of the Member's teaching or administrative duties under this Agreement.

3.3.2 No person shall be required to be a member of the Association as a condition of employment.

3.4 Dues Check-Off

3.4.1 Each pay period, the University shall deduct from each Member of the Bargaining Unit such dues as are uniformly and regularly payable by a member of the Association in accordance with the Constitution and By-Laws of the Association and such other assessments as are authorized in writing to the University by the Association.

3.4.2 At the commencement of the Agreement the Association shall advise the University in writing of the amount of its regular dues or assessments. Thereafter the Association shall advise the University in writing of any change in the amount of regular dues or assessments; such notice to be given at least 20 days prior to the effective date of such change. The Association shall limit the number of changes to no more than 4 per calendar year.

3.4.3 When the amounts specified under 3.4.1 are remitted, the University shall inform the Association in writing of the names of Members from whose salaries deductions for Association dues and/or assessments, or, as specified in 3.4.5, for charitable donations in lieu of dues and/or assessments, have been made and the amount of dues and/or assessments deducted from each Member's salary.

3.4.4 Except as specified in 3.4.5, the University shall, no later than the last day of the month in which the deductions are made, remit to the Association the amounts deducted in accordance with 3.4.1.

3.4.5 A Member who affirmatively asserts objection to the payment of union dues to a trade union on conscientious or religious grounds, and said objection is recognized by the Ontario Labour Relations Board or is established by precedents in case law, shall have a sum equivalent to Association dues and/or assessments deducted by payroll check-off and remitted on the Member's behalf to a charitable organization registered with the Department of National Revenue, and chosen annually by the Member. Members, including newly appointed Members and others entering or re- entering the Bargaining Unit from excluded academic administrative positions, may apply for this exemption by submitting written evidence of their conscientious or religious objection to the University with a copy to the Association.

3.5 Rights of the Association

3.5.1 In recognition of the involvement of Members in the consultative process of this Agreement, the University agrees to provide a total of 10 one-term undergraduate course equivalents per contract year to the Association to be distributed at its discretion between the 2 bargaining units. In addition the Association will be allowed to purchase up to 20 one-term undergraduate course equivalents per contract year, at the current stipend rate. These one-term course equivalents are inclusive of the stipends provided to Contract Academic Staff and Part-time Librarians under 3.5.1 of the Part-time Collective Agreement. Should a Librarian Member be assigned such release time by the Association it shall be assigned at an equivalency rate of hours/week on average per one-term undergraduate course. The Librarian Member shall negotiate with their supervising AUL, otherwise with the UL, the timing of such release time. The Association will inform the University of the names of the Members for whom release time is allocated as soon as they are elected or appointed and not later than May 1

3.5.2 The University recognizes that Members, subject to their obligations under this Agreement, have the right to attend open meetings of the Board and Senate, and to attend any open meetings of committees of these bodies.

3.5.3 The University recognizes that the Association has the right at any time to call upon the assistance of duly authorized representatives of the Canadian Association of University Teachers (CAUT), the National Union of CAUT (NUCAUT) and of the Ontario Confederation of University Faculty Associations (OCUFA). Such duly authorized representatives shall, subject to the provisions of the Act, have access to University premises to consult with Association officials and Members

4.1 Working Environment

4.1.1 The University acknowledges a continuing responsibility to maintain a working environment in which the academic functions of Members are effectively carried out, and undertakes, therefore, to provide a reasonable level of facilities, services and equipment required to meet the Members' contractual obligations, including library, telephone, photocopying, electronic mail, and computing, administrative and technical services. The University also undertakes to provide the necessary level of training, advice and documentation required to meet the Members' statutory obligations.

4.1.2 The University’s official correspondence with Members is via the Member’s assigned ·ï»Ë²ÊƱƽ̨ employee email address (@wlu.ca).

4.1.3 To enable Members to fulfil their obligations under Article 18 and 19, the University shall provide each Member for their exclusive use a furnished office equipped with a computer, and appropriate laboratory and studio space. If a member performs duties at more than one (1) campus as part of their assigned workload, the Member shall have access to a furnished office equipped with a computer at the campus(es) where the Member does not have an exclusive-use office.

4.1.4 In accordance with Article 38.4.2 the University shall reimburse Members for travel costs incurred for assigned teaching, administrative duties, and service, excluding overload teaching under 18.2.8.

4.1.5 In circumstances where there may be a shortage of office space, a Member may be required to share an office with another Member or Contract Academic Staff member under the following conditions:

(a) a Member with a Provisional or Candidacy Appointment shall be entitled to an office for their exclusive use and shall not be obligated to share an office under this clause;

(b) The designation of which Members shall share an office under the provisions of this article shall be made by the Dean or UL, as appropriate, or their designate after consultation with the department chair(s) or equivalent;

(c) The designation of which Members shall be obligated to share an office shall be in the following order:

(i) Members who consent to share an office;

(ii) Members on sabbatical leave who shall be away from the University for 6 months or more;

(iii) Members on other leaves of 6 months or more in duration; (iv)Members on Limited Term Appointments; 

(d) within each contract year such sharing of an office shall be for a specified limited period of time for up to 12 months; the Dean or UL, as appropriate, shall review the sharing of offices annually and each year the designation of which Members shall share offices shall be in accordance with (c) above;

(e) a Member sharing an office shall be entitled to the exclusive use of a desk, computer and telephone;

(f) the Members sharing an office shall establish a schedule for each Member's exclusive use of the office for student consultations;

(g) Members who are not on leave and who share an office shall have access to an additional fund of $1,000 under the Professional Expense Reimbursement in 38.2.1; where sharing of an office is for less than 12 months, these funds shall be pro-rated for the period of time the Member shares an office;

(h) Members who are designated to share an office under (c) above shall receive notice in writing from the Dean or UL, as appropriate, or designate, copied to the Association. This notice shall include the office location and number, the name of the person with whom the office is to be shared (where known), and the period of time specified for the sharing of the office;

4.1.6 The University recognizes a responsibility to provide for the security of Members on University premises, and to provide facilities, supplies, and services sufficient to protect the safety of Members as they carry out their duties.

4.1.7 The University agrees to adhere to health and safety standards as embodied in current government legislation. Members who have reason to believe that a work situation is likely to endanger them have the right to refuse unsafe work pursuant to and in accordance with the provisions of the Occupational Health and Safety Act.

4.2 University Rights

4.2.1 The Association acknowledges that the University possesses and may exercise all powers conferred upon it under the Act, subject to the express provisions of this Agreement. In the implementation of the provisions of this Agreement, the University shall act fairly, equitably, and ethically in its actions affecting Members.

4.2.2 In the event that there is a request under FIPPA concerning a Member, the privacy office will inform the Member, at the time of notification, of their right to have WLUFA support throughout the process.

4.2.3 The Association acknowledges that it is the right of the University to hire, appoint, promote, transfer and classify employees and it is the right of the University to dismiss, suspend or otherwise discipline any employee for just and sufficient cause, in a fair and equitable manner in accordance with the provisions and specifications of this Agreement.

5.1 A Joint Liaison Committee shall be established within 20 days of the ratification of this Agreement by the Parties.

5.2 The Joint Liaison Committee shall be composed of 4 representatives of the Association and 4 representatives of the University. A quorum shall be 4 members, provided that 2 representatives of each Party are present.

5.3 The Committee shall be chaired jointly by one of the representatives of the Association and one of the representatives of the University who shall together be responsible for preparing and distributing agenda and minutes of meetings.

5.4 The Joint Liaison Committee shall review matters of concern arising from the application of this Agreement, excluding any dispute which is at that time being resolved under the grievance and arbitration procedures set out in Article 27. This Committee shall attempt to foster effective communications and working relationships between the Parties and shall attempt to maintain a spirit of mutual co- operation and respect. In the light of this objective, this Article 5 does not preclude the occurrence of informal meetings between representatives of the Association and the University to attempt to resolve differences that may arise from time to time.

5.5 The Joint Liaison Committee shall meet once a month from September to June inclusive, and at other times as it decides. Regular meetings may be waived by agreement by both Parties.

5.6 The Joint Liaison Committee shall not have the power to add to or to modify the terms of this Agreement, but shall act in accordance with 5.4.

6.1 Except where otherwise specified in this Agreement, correspondence between the Association and the University arising out of this Agreement or incidental thereto shall pass between the President and the President of the Association, or their designates.

6.2 Where written notice is specified in the Agreement, the University internal mail will be deemed adequate means.

6.3 The University shall provide the Association with the following information:

(a) no later than 20 days after the first day of each Contract Year, a list containing the name, category of appointment, rank, year of appointment to current rank, year of birth, address, Reference Salary, sex, department, highest degree, year of highest degree, year of first degree, and University I.D. number of each Member;

(b) for Members teaching Online Learning courses, a list giving the Member's name, Online Learning course number(s), and enrolment in each Online Learning course no later than 15 days after the official count date in each term;

(c) the names of all Members whose employment has been terminated, the dates of such terminations, and the categories of termination such as expiration of a contract, death, resignation, retirement and dismissal, within 30 days of termination;

(d) the names and new ranks of Members who have received promotions, and the effective dates of such promotions, by July 1, and by January 15 for those Members promoted to assistant professor after July 1;

(e) a list of all Members granted leave during the previous month and the type and duration of leave granted;

(f) approved minutes of the Board Pension Committee, and the audited and other reports concerning the pension and benefit plans;

(g) 2 copies of the latest University budget and budget report when circulated to the Board;

(h) 2 copies of the annual audited statement of the University when presented to the Board of Governors;

(i) notice of meetings, agenda and a copy of the public minutes of the Board at the time of distribution;

(j) notice of meetings, agenda and a copy of the public minutes of the Senate at the time of distribution;

(k) the names of all persons appointed or elected to positions on the Board or Senate, together with the names of persons appointed or elected to Board or Senate committees with any terms of reference of those committees. The University Secretariat office shall forward Association communications in hard copy and unopened within 3 working days of receipt; decisions not to forward Association materials shall be communicated to the Association immediately in writing, noting the reasons;

(l) the reports on Employment Equity listed in 22.5;

(m) 2 copies of the latest Institutional Data and Statistics Book prepared by the Office of Institutional Research;

(n) the Registrar's Report on student enrolment;

(o) such other information as may be set out elsewhere in this Agreement that is required to be given.

6.4 The Association agrees to provide the University with the following information:

(a) a copy of each WLUFA Newsletter;

(b) an up-to-date copy of the Constitution and By-laws of the Association;

(c) an up-to-date list of the Executive Committee of the Association;

(d) such other information as may be set out elsewhere in this Agreement that is required to be given.

7.1 The common good of society depends upon the search for knowledge and its free expression. Academic freedom in universities is essential to both these purposes in the teaching function of the university as well as in its scholarship and research. Members shall not be hindered or impeded in any way by the University or the Association from exercising their legal rights nor shall they suffer any penalties because of the exercise of such legal rights. The Parties agree that they will not infringe or abridge the academic freedom of any Member. Members are entitled, regardless of prescribed doctrine, to freedom to practice their professions of teacher and scholar, or librarian, freedom in carrying out research and in publishing the results thereof, freedom of teaching and discussion, freedom of creative activity, freedom to select, acquire, disseminate, or use documents in the exercise of their professional responsibilities, freedom to criticize the University and the Association, and freedom from institutional censorship.

7.2 In exercising such freedom, Members have a responsibility to respect the academic freedom and rights of other members of the university community.

7.3 The censorship of information is inimical to the free pursuit of knowledge. The collection, organization, and dissemination of knowledge will be done freely and without bias in support of the research, teaching, and study needs of the university community. The Parties agree that no censorship based on moral, religious, or political values shall be exercised or allowed against any material which a Member desires to be placed in the library collections of the University.

7.4 Academic freedom does not require neutrality on the part of the individual; rather, academic freedom makes commitment possible. Academic freedom does not confer legal immunity, nor does it diminish the obligations of Members to meet their duties and responsibilities. Members have a duty to exercise that freedom in a manner consistent with the academic obligations of teachers and scholars, and librarians.

8.1 The Parties recognize the importance of an inclusive work environment and have a joint desire for a workplace free from discrimination. The Parties agree that all Members have a right to be treated equitably with respect to employment and that there shall be no discrimination exercised or practised with respect to any Member in regard to salary, rank, appointment, promotion, tenure, reappointment, dismissal, leaves, or benefits on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity and gender expression, age, record of offences, marital status, family status, handicap, political affiliation or belief, or membership or non-membership in the Association. Except as otherwise provided in this Agreement, the interpretation and application provisions of Part II of the Human Rights Code, RSO 1990, Chapter H.19, as amended, shall apply to the administration of this Article.

8.2 If candidates for appointment have been judged to be substantially equal in qualifications, priority will be given to those candidates who are Canadian citizens or permanent residents. This clause will be subject to amendment in accordance with changes in federal legislation.

8.3 This Article shall not preclude any employment equity or pay equity measures mandated by law or agreed to by the Parties, including any action that has as its object the increased representation of the 5 equity-seeking groups for employment equity within the University, namely those who identify as: Indigenous persons, women, racialized persons, persons in a sexual and/or gender minority, and persons with disabilities as more particularly set out in Article 22.

8.4 Workplace Accommodations: The University is committed to providing workplace accommodation as required by the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act, and any other relevant legislation. Workplace accommodations shall be provided in accordance with the University’s Employment Accommodation Policy (8.7).

9.1 Members shall act fairly, equitably, and ethically in their actions affecting students, Members and other employees of the University.

9.2 Peer assessment, review, appeals and other decision processes concerning appointment, tenure, promotion, renewal, termination, salary, research grants or instructional development grants must be performed in an objective manner and on objective grounds and be seen to be so. As provided under 27.1.5, decisions on the awarding of research grants are not subject to grievance, but a Member may appeal such a decision in accordance with Appendix B.

9.2.1 No Member shall:

(a) knowingly participate in any decision that directly and preferentially benefits himself/herself or any individual with whom the Member has an immediate familial, marital, sexual or financial relationship; or

(b) knowingly participate in any academic decision directly affecting an individual with whom the Member has an immediate familial, marital, sexual, client, patient, or financial relationship.

9.2.2 The Vice-President: Academic, Deans, Vice-Deans, UL and AULs shall not knowingly participate in any decision that directly and preferentially benefits a Member with whom the said administrator has an immediate familial, marital, sexual or financial relationship.

9.3 Relations with Students

9.3.1 With respect to students, Members:

(a) shall avoid all forms of discrimination as specified in Article 8;

(b) shall disclose the existence of any conflict of interest or of other circumstances known to them which may reasonably introduce or appear to introduce bias into their academic judgement or administrative decisions with respect to students by notifying their Dean in writing;

(c) shall not accept additional remuneration for tutoring students enrolled in the University;

(d) shall respect the confidentiality of information about a student gained through the exercise of academic or administrative duties or through participation in department or University committees; such information may be used or disclosed where such use or disclosure has the student's consent, or is required in the fulfilment of a Member's academic, administrative, or committee responsibilities.

9.3.2 Upon notification pursuant to 9.3.1(b), a Dean shall:

(a) permit the student to remain in the Member's course and make arrangements for independent evaluation of the student's performance; or

(b) with the Member's consent, permit the student to remain in the Member's course without special arrangements for an independent evaluation; or

(c) require the student to be transferred from the Member's course.

9.3.3 When a Member intends to assign course materials to be purchased by students and from which the Member (or any individual with whom they have an immediate familial, marital, sexual or financial relation) derives a direct financial benefit, the Member shall write to the Dean requesting approval of the proposed course materials. If requested by the Dean, the Member shall provide further information on the course materials and/or the financial benefit. Within 10 days of the receipt of the Member's written request, the Dean or their designate shall respond in writing, and if the request is denied, the Dean shall provide a statement of reasons. In the case of course materials not published or produced by a third party at an arms-length relationship and not readily available in the commercial marketplace except by purchase from the author, or an agent of the author, the means of sale of the course materials requires the Dean's approval. Under this clause, course materials include printed works, and non-print media including but not limited to CDs, DVDs, audio tapes, and material accessible via the World Wide Web.

9.4 Relations with Members

Without limiting the generality of 9.1 and 9.2, a Member:

(a) shall, with respect to Members, avoid all forms of discrimination as specified in Article 8;

(b) has an obligation both to the University and to Members to be fair and objective when presenting a professional judgement on a Member at the request of an appropriate University committee or authority (e.g., a committee dealing with appointments, tenure, Continuing Appointment, promotion, dismissal or research and instructional development grants);

(c) shall respect the confidentiality of information about a Member gained through the exercise of administrative duties or participation in a peer committee; such information may be used or disclosed where such use or disclosure is required by the terms of this Agreement;

(d) shall not participate in or vote at more than one stage in the consideration of any application by a Member; the consideration of an application by a unit or sub-unit constitutes the first stage of an application;

(e) shall not participate in the deliberations of a committee while it adjudicates applications which include their own application; however, in the case of grant applications, this prohibition applies only to the committee's consideration of applications in the same category as the Member's application.

9.5 Indication of Affiliation:

(a) As a general rule Members in their scholarly publications or information for performance programs or recording notes should indicate their affiliation with the University.

(b) Members shall not purport to represent the University or speak for it, or to have its approval, unless such authority has been given in writing.

9.6 Contractual and Financial Matters

9.6.1 A Member who has any interest, directly or indirectly, in any contract, transaction, proposed contract or proposed transaction under consideration by the University and is part of the decision making process with respect to same, shall,

(a) declare the nature and extent of the interest as soon as possible and no later than any meeting in which the Member participates and at which the matter is to be considered;

(b) refrain from taking part in any discussion or decision-making vote in relation to the matter; and

(c) withdraw from any meeting when the matter is being discussed if requested to do so by a majority of the members present at the meeting.

9.6.2 In particular, and without limiting the generality of the foregoing, unless specifically authorized by the Vice-President: Academic or designate after full written disclosure of the conflict, Members shall not:

(a) with University funds or with funds administered by the University, knowingly authorize the purchase of equipment, supplies, services, or real property from a source with which the Member, or any individual with whom they have an immediate familial, marital, sexual or financial relationship, has a material financial interest;

(b) engage any individual with whom the Member has an immediate familial, marital, sexual or financial relationship in any capacity for which remuneration comes from University funds or from funds administered by the University.

10.1 the Dean, Department Chair or equivalent, University Librarian, Associate University Librarian may provide a Member advice, coaching and/or clarification of expectations regarding the Member's performance of their duties and responsibilities as defined in Article 18 for Faculty and Article 19 for Librarians.

10.2 The Dean or Vice-Dean, or UL or AUL shall meet annually with Members holding Provisional or Candidacy Appointments in order to discuss the Members’ performance of their duties and responsibilities as defined in Article 18 for faculty and Article 19 for librarians. For faculty, these discussions shall make references to relevant Tenure and Promotion to Associate Professor Guidelines, once the guidelines are enacted in accordance with Appendix K.

10.3 The Dean or Vice-Dean, or UL or AUL may review the performance of Members under this Article, once per year. Such an evaluation, if any, shall be in addition to any other assessments which may be required by other provisions of this Agreement. If the Dean, Vice-Dean, or UL or AUL wishes a Member to participate in any discussion or meeting as part of this review, the Member shall receive written notice of an evaluation under Article 10. The notice shall be given at least 5 days in advance of the meeting, and the Member shall have the right to be accompanied by a representative of their choice.

10.4 Failure of a Member to grieve the University's assessment of their performance shall not be deemed an admission of the validity of the assessment.

11.1 Board of Governors and Senate

11.1.1 The Association acknowledges the rights, powers and responsibilities of the Board as established by statute, by-law, and practice, except as such rights, powers and responsibilities may have been specifically abridged, delegated, or modified, by the Certification Order or this Agreement. The Board shall exercise those rights, powers, and responsibilities in a manner which is fair, reasonable and consistent with the provisions of this Agreement.

11.1.2 The Parties acknowledge the rights, powers and responsibilities of the Senate as established by statute, by-law, and practice, except as such rights, powers and responsibilities may have been specifically abridged, delegated, or modified, by the Certification Order or this Agreement. The Senate shall exercise those rights, powers, and responsibilities in a manner which is fair, reasonable and consistent with the provisions of this Agreement.

11.1.3 Except where modified by this Agreement, existing Board and/or Senate policies relating to terms and conditions of employment which are reasonable, certain, and known, and which were in force at the date of the ratification of this Agreement or during the preceding academic year shall continue during the term of this Agreement. The onus of establishing an existing policy within the meaning of this clause shall rest on the party or person alleging the existence of such policy. Either party may seek interpretation of an existing policy relating to terms and conditions of employment by referring any such matter to the Joint Liaison Committee as established in Article 5 of this Agreement.

11.2 Collegiality

11.2.1 The University acknowledges the rights and responsibilities of Members to participate in the formulation and/or recommendation of academic policies and procedures within the University through duly constituted collegial bodies and committees. The involvement and participation of Members in the selection of senior academic administrators is accepted and supported by the University.

11.2.2 Pursuant to 11.2.1, the composition and procedures of search committees of University officers who are ex-officio members of Senate, except for the chair of the Board and the Chancellor, shall be in accordance with the provisions set in 11.2.4, 11.2.5, and 11.2.6.

11.2.3 If, during the term of this Agreement, the University creates new officers who are ex-officio members of Senate, the procedures for the search committee for such an officer shall be in accordance with 11.2.4 and 11.2.6, and the composition of the search committee shall be subject to the agreement of the Parties.

11.2.4 Procedures of Search Committees:

(a) Meetings may be attended by members by telephone conference or video conference. When a vote is conducted, a member attending by telephone conference or video conference will cast their ballot by email to a neutral party. A quorum for the Search Committee shall be two-thirds of the voting members.

(b) Subject to the provisions governing renewal of an appointment, all decisions of Search Committees shall be taken by majority vote. In voting on the renewal of an appointment or on any motion to recommend a candidate for appointment, abstentions are not allowed and a secret ballot shall be used. With the exception of the Search Committee for President, the chair of the Committee shall not participate in such voting, but shall cast a vote to confirm or veto the Committee's recommendation of a candidate for the office. Proxy votes shall not be used. In the event of a tie vote which means the Committee cannot recommend a single candidate as specified under
11.2.4 (g), the meeting shall be adjourned, and another meeting shall be scheduled at which another vote shall be held. If this second vote also results in a tie and no recommendation, then, to overcome the procedural impasse, the chair shall cast a vote. The chair retains the right to confirm or veto the recommendation of the Committee arrived at through this procedure.

(c) Search Committees shall take appropriate steps to advertise the position and to invite nominations and applications.

(d) Once appointed to the Search Committee, a member cannot apply or be considered for the position.

(e) All nominations and applications shall be reviewed and considered under a set of criteria established by the Search Committee and a short list of candidates shall be interviewed.

(f) The Search Committee shall provide opportunity for relevant groups and individuals, as determined by the Committee, to meet with the short-listed candidates.

(g) The Search Committee shall recommend one (1) candidate for appointment. In forwarding its recommendation to the President, Senate or Board as appropriate, the Committee shall include a report describing the procedures followed, the number of candidates considered and the recommendation.

(h) At the conclusion of a five-year term of office, subject to (i) below, an incumbent may be recommended for a further five-year appointment. The Committee shall interview the incumbent and shall invite representations from members of the university community. A recommendation for renewal without competition requires the support of at least 60% of those voting. If there is not a positive recommendation for renewal, search procedures shall be instituted.

(i) If the incumbent holds a Tenured or Continuing Appointment and has completed 2 terms of office, a search shall be undertaken and the incumbent may stand for a third term in competition with other candidates for the office, but the incumbent may not stand for a fourth term.

(j) On those matters not set out above, the Search Committee shall establish its own procedures.

11.2.4.1 For positions under 11.2.5(c), (d), (g), and (i) there shall be a review prior to the conclusion of an initial five-year term of office according to (h) above. Thereafter, any review may be initiated by the President, or by a motion of Senate passed by a 60% majority.

11.2.5 Search Committees for Senior Administrative Officers

(a) President: No less than 40% of the membership of the Search Committee for President shall consist of Members with Tenured or Continuing Appointments elected by the University Faculty in Council.

The procedures for recommendation and appointment of the President shall be in accordance with 11.2.6.

(b) Vice-President: Academic: No less than 51% of the membership of the Search Committee for Provost and Vice-President Academic shall consist of Members with Tenured or Continuing Appointments including 1 Senate Member selected by Senate. Other Members shall be elected by the University Faculty in Council, with not more than one representative from any one Faculty, and including one representative from the Library and at least one representative from the Brantford Campus and at least on representative from the Waterloo campus.

(c) Vice-President: Finance and Administration: No less than 35% of the membership of the Search Committee for the Vice-President: Finance and Administration shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members shall be elected by the Faculty in Council.

(d) Vice-President: Development and Alumni Relations: No less than 40% of the membership of the Search Committee for the Vice-President: Advancement and External Relations shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members shall be elected by the University Faculty Council.

(e) Deans of Faculties:

(i) Dean of the Lazaridis School of Business and Economics: 

No less than 51% of the Search Committee for the Dean of the Lazaridis School of Business and Economics shall consist of Members with Tenured Appointments, including:

• 1 Senate Member, elected by Senate
• at least 3 Members from the Department of Business, one of whom shall be an Associate Dean; the others shall be elected by the full-time Faculty members of the Department; normally, one of these Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Department.
• at least 2 Members from the Department of Economics, one of whom shall be the Chair of the Department; the other shall be elected by the full-time Faculty members of the Department. If the Chair is not eligible to serve on the Committee, a designate shall be elected by the full-time faculty Members of the Department.

(ii) Dean of the Faculty of Music: 

No less than 51% of the Search Committee for the Dean of Music shall consist of Members with Tenured Appointments, including 1 Senate Member elected by Senate. Other Members will be elected from and by the full-time Faculty of Music; normally one of the Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(iii) Dean of the Faculty of Social Work: 

No less than 51% of the Search Committee for the Dean of the Faculty of Social Work shall consist of Members with Tenured Appointments, including 1 Senate Member elected by Senate. Other Members will be elected from and by the full-time Faculty of Social Work; with at least one representative from the Brantford Campus; normally one of the Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(iv) Dean of the Faculty of Arts: 

No less than 51% of the Search Committee for the Dean of the Faculty of Arts shall consist of Members with Tenured Appointments, including:

• 1 Senate Member elected by Senate
• 2 (and nor more than 2) Department Chairs
• Full-time Members elected from and by the full-time Faculty of the Faculty of Arts; no more than one of these Members shall be from any one department. Normally, one of these Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(v) Dean of the Faculty of Science: 

No less that 51% of the Search Committee for the Dean of the Faculty of Science shall consist of Members with Tenured Appointments, including:

• 1 Senate Member elected by Senate
• 2 (and no more than 2) Department Chairs
• Full-time Members elected from and by the full-time Faculty of the Faculty of Science; no more than one shall be from any department. Normally, one of these Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(vi) Associate Vice-President and Dean of Graduate and Postdoctoral Studies: 

No less than 51% of the Search Committee for the Associate Vice-President and Dean of Graduate and Postdoctoral Studies shall consist of Members with Tenured Appointments, including:

• 1 Senate Member elected by Senate
• Full-time Members elected by the University Faculty Council, with not more than one representative from any Faculty, and including at least one representative from the Brantford Campus. 

(vii) Dean of the Faculty of Human and Social Sciences: 

No less than 51% of the Search Committee for the Dean of the Faculty of Human and Social Sciences shall consist of Members with Tenured Appointments, including:

• 1 Senate Member elected by Senate
• 1 (and no more than 1) Department Chair or Program Coordinator
• Full-time Members elected from and by the full-time Faculty of the Faculty of Human and Social Sciences, no more than one shall be from any department or program. Normally, one of these Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(viii) Dean of the Faculty of Liberal Arts: 

No less than 51% of the Search Committee for the Dean of the Faculty of Liberal Arts shall consist of Members with Tenured Appointments, including:

• 1 Senate Member elected by Senate
• 1 (and no more than 1) Department Chair or Program Coordinator
• Full-time Members elected from and by the full-time Faculty of the Faculty of Liberal Arts, no more than one shall be from any department or program. Normally, one of these Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(ix) Dean of the Faculty of Education: 

No less than 51% of the Search Committee for the Dean of the Faculty of Education shall consist of Members with Tenured Appointments, including:

• 1 Senate Member elected by Senate
• At least 2 tenured Faculty Members or Members holding Provisional or Candidacy Appointments elected from and by the full-time faculty of the Faculty of Education.
• Where necessary, tenured Faculty Members from outside the Faculty of Education elected by full-time members of University Faculty Council; among these, there shall be no more than one Member from each of the Faculties. Cross-appointed members of the Faculty of Education are eligible. Of these tenured Faculty Members, at least one shall hold an Ontario Teaching Certificate, or other equivalent professional designation
• Normally, one of these Members shall be replaced by a Contract Teaching Faculty member elected from and by the CTF members of the Faculty.

(f) The University Librarian: No less than 51% of the Search Committee for the University Librarian shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members will be elected from and by the full-time Librarians in the Library, with at least one representative from the Brantford Campus and one from the Waterloo Campus.

(g) Assistant Vice-President: Enrolment Services and Registrar: No less than 51% of the Search Committee for the Assistant Vice-President: Enrollment Services and Registrar shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members shall be elected by the University Faculty Council, with not more than one representative from any one Faculty, and including at least one representative from the Brantford Campus and at least one representative from the Waterloo Campus.

(h) Vice-President: Research: No less than 51% of the Search Committee for the Vice-President Research shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members shall be elected by the University Faculty Council, with not more than one representative from any one Faculty, and including at least one representative from the Brantford Campus and at least one representative from the Waterloo Campus.

(i) Vice-President: Student Affairs: No less than 40% of the Search Committee for the Vice-President Student Affairs shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members shall be elected by the University Faculty Council, with not more than one representative from any one Faculty, and including at least one representative from the Brantford Campus and at least one representative from the Waterloo Campus.

(j) Vice-Provost: Teaching and Learning: No less than 51% of the Search Committee for the Vice-Provost: Teaching and Learning shall consist of Members with Tenured or Continuing Appointments, including 1 Senate Member elected by Senate. Other Members shall be elected by the University Faculty Council, with not more than one representative from any one Faculty, and including at least one representative from the Brantford Campus and at least one representative from the Waterloo Campus.

11.2.6 Procedures for Senate Advice in the Selection of University Officers: The President is appointed by the Board, following advice by the Senate. The Senate shall receive a report from the search committee, and meeting in camera as a committee of the whole, the Senate shall determine its advice which shall be transmitted to the Board.

In the case of all other appointments under 11.2.2, the Senate shall elect one Senate Member to serve on the relevant search committees. This Member shall be a full member of the committee.

In the case of appointment of the Vice-Presidents, Associate Vice-President: Teaching and Learning and the Assistant Vice-President: Enrolment Services and Registrar, any Member who is a member of Senate is eligible to serve as a Senate representative. For committees appointed to search for Deans and for the UL, the elected Member from Senate shall be from an academic unit other than the one for which the Dean or UL is being sought. In the case of the Associate Vice-President and Dean of Graduate Studies and Postdoctoral Studies, at least one of the Faculty Member elected as a Senate representative shall be from an academic unit or sub-unit which does not have a graduate program.

11.2.7 The Parties support the continued inclusion of Librarian Members as full members of the University Faculty Council in accordance with the Minutes of the University Senate of May 10, 1990.

11.3 Library Council

11.3.1 In fulfilment of the principle of collegial governance stated in 11.2.1, the Library Council shall establish its own policies and procedures subject to the bylaws and regulations approved by Senate.

11.3.2 The Library Council shall be composed of:

(a) the UL, who shall be an ex-officio non-voting member and chair of the Council;

(b) the full-time and part-time professional librarians who are employed in the library as librarians;

(c) other members as approved by Senate, subject to the proviso that the professional librarians who are Members of the two WLUFA bargaining units constitute a majority of more than 50% of the Council membership.

12.1.1 The University shall maintain only one official file (hereafter called the Member's Official File) relating to each Member. All documents maintained by the University with respect to any period of a Member's employment with the University as a full- time faculty member, or as a part-time contract academic staff member, or as a full- time or part-time professional librarian, or as a Member with a Special Academic
Rank shall be placed in the Member's Official File. The University shall have regard to all the documents in a Member's Official File when considering the Member's employment status, or when evaluating the Member's performance.

12.1.2 The Members' Official Files shall be maintained by the office of the Vice-President: Academic. Deans, the UL, and Department Chairs may maintain certain records with respect to Members within their jurisdictions. Copies of documents from a Member's Official File may be used and filed elsewhere within the University (for example in the office of a Dean or the UL), as may reasonably be required for normal University administrative purposes.

12.1.3 All documents and materials including copies of computer files, with the exception of copies of books, articles or other similar materials, used in any official proceeding or review concerning a Member shall be deposited in the Member's Official File. These proceedings and reviews include, but are not limited to, those concerning appointment, renewal of appointment, grant of tenure or Continuing Appointment, promotion, and merit award, but shall not include grievance and arbitration proceedings.

12.1.4 Documents which do not comply with the rules set out in this Agreement may not be used in reviews, assessments or other proceedings as referred to in 12.1.3, or elsewhere in this Agreement.

12.1.5 Where materials already deposited in the Official File are required for any proceeding, true official copies certified and dated by the President or their designate shall be made available to individuals directly involved.

12.2 Contents of the Official File

12.2.1 The Official File shall contain records relating both to the employment status of and the evaluation of a Member. No anonymous material shall be placed in the Official File. Each item shall be signed and dated by its author or authors. Aggregated statistical information which is recorded in evaluations and official minutes of meetings are not considered to be anonymous within the meaning of this clause. No anonymous material, if maintained contrary to this Agreement, shall be submitted as evidence in any proceeding involving a Member. If such evidence is submitted, it shall be struck from the record and not considered part of the evidence. Failure to strike such material from the record shall be sufficient in and of itself to invalidate the deliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be destroyed by the University.

12.2.2 In accordance with the provisions of (a) and (b) below, confidential material shall be restricted to signed letters of reference which the Member has solicited, or for the soliciting of which they have given approval, or which are provided for in this Agreement. Assessments and evaluations by the Vice-President: Academic, Deans, the UL, and AUL, Department Chairs, Area Heads, or other administrative officers of the University, are not letters of reference, and shall not be subject to the provisions of (a) and (b) below.

(a) Letters received in relation to the initial appointment of a Member at the University shall be confidential and shall not be shown to the said Member before or after their appointment. These letters of reference shall be used only for the purpose for which they were written, namely to evaluate the suitability of the candidate for the position. The name of the author and date of these letters shall be included in the inventory of the file pursuant to 12.2.5.

(b) Letters of reference solicited by or with the approval of a Member who has applied for reappointment or promotion or tenure or Continuing Appointment shall be considered confidential and shall be included only in the confidential portion of the Member's Official File. Upon request, a Member shall be provided with a copy of the body of the letter, excluding any references which would identify the author of the letter, their affiliation or address.

12.2.3 When confidential material is to be used by the University or required by the Association under 27.6.2.2 in the course of proceedings to resolve a grievance, a copy of the confidential material will be provided to the Association in accordance with the provisions of (a) and (b) below.

(a) All confidential material shall be labelled "Confidential". Any materials labelled "Confidential" shall be retained by the Association in an envelope separate from other documents produced in the grievance and may be reviewed only by Association representative(s) directly advising on the grievance.

(b) A Member shall not be shown their own confidential material or the confidential material of any other individual which is to be used in the course of proceedings to resolve a grievance, but the Member is entitled to access their own letters of reference in accordance with Article 12.2.2.

12.2.4 When confidential material is to be used by the University and/or the Association in the course of the arbitration of a grievance, and where there is a dispute by either Party on the use of or access to the confidential material, the arbitrator(s) shall be supplied with the material and may make use of it as is essential to their decision, having due regard to its confidentiality.

12.2.5 The Member may challenge the inclusion of any document in the Official File. The Member has the right to include in the Official File at any time additional material including their written comments on the accuracy or meaning of any of the contents of their file.

12.2.6 All contents of the Official File, including confidential material, shall be listed and numbered in order of accession. The Member shall be informed in writing of any additions to or deletion of material from their Official File within 5 working days of the addition or deletion.

12.2.7 The Official File shall contain a record indicating which individuals have consulted the Official File, on what date, and for what purpose.

12.3 Access to the Official File

12.3.1 Subject to 12.2.2, upon reasonable notice and upon the presentation of appropriate identification, the Member or the Member's duly authorized representative shall have access to their Official File. The Member or their representative shall not remove the Official File from the Office of the Vice-President: Academic.

12.3.2 Subject to 12.2.2, each Member or the Member's duly authorized representative shall have the right to obtain from the University, on reasonable notice in writing, at University expense, a copy, and at their own expense additional copies, of any or all of the contents of their Official File.

12.3.3 Neither the Official File nor any of its contents shall be made available to any person or institution, except at the written request of the Member or as part of established assessment procedures and other proceedings as specified in 12.1.3 and elsewhere in this Agreement. When information is released under law, the details of the release shall immediately be conveyed in writing to the Member.

13.1.1 All Members are appointed by the Board upon the recommendation of the President, and in accordance with the provisions of Articles 7 and 8.

13.1.2 All Appointments of Members, with the exception of Special Academic Ranks specified in 13.10, shall be to one of the following ranks: Lecturer, Assistant Professor, Associate Professor and Professor.

13.1.3 Appointment to a rank shall be in accordance with the appointee's experience and level of achievement. For purposes of Provisional or Candidacy or Tenure appointments and promotion, credit for years of service for Sabbatical Leave under
17.1.2 and 17.1.3, and credit for years in rank as a faculty member at another university, or equivalent experience elsewhere, shall be negotiated, and the agreed upon credit shall be stated in a letter of appointment.

13.1.4 Appointments of Members shall be of the following types: Provisional, Candidacy, Tenured, Limited Term.

13.2 Professional Teaching Positions

13.2.1 A limited number of appointments may be designated as Professional Teaching Positions (PTPs). The primary expectations of Members in these positions will be demonstrated commitment to teaching excellence and educational innovation.
Members in these positions are also expected to have a demonstrated commitment to service to the University and the academic community, and to scholarly and/or professional activity as defined under 15.7.2 (c).
For programs that provide instruction in a professional field, a Member shall have a post-graduate degree and/or a professional designation and extensive professional experience. In fields where there is no recognized professional designation, professional experience may substitute for a professional designation. Otherwise a Member shall have a post-graduate degree, at least 2 years (or equivalent), teaching experience in post-secondary education, and a demonstrated interest in curriculum development and pedagogy in their academic field.

13.2.2 The Vice-President: Academic will authorize a number of PTPs that shall be no greater than 7% of the number of tenure-track and tenured Members as reported annually to the Joint Liaison Committee on October 1.

Categories of Appointment

13.3 Provisional Appointment

13.3.1 A Provisional Appointment has a three-year term. During the final year of a Provisional Appointment, the Member is entitled to be considered for a Candidacy Appointment. By September 15 of the second year of a Provisional Appointment, the Dean shall notify the Member of the date and procedures for application for a Candidacy Appointment under 13.4, including arranging the scheduling of the in- class review as per 13.3.2.

13.3.2 For Members in PTPs, an in-class peer review shall take place in the year prior to applying for a Candidacy Appointment. Such review shall be conducted by the Department Chair or designate. The designate shall normally be from the academic unit or sub-unit, as appropriate, in which the course is offered, or from a cognate discipline. The choice of reviewer shall be mutually agreed to by the Chair and the Member. The evaluation shall include at least one (1) visit, and no more than 3 visits, to the Member's classes. The scheduling of the class visit(s) shall be by mutual agreement of the Member and the Chair or designate and shall be determined by September 15 of the second year of the Member's Provisional Appointment. Such an evaluation shall be in writing, presented to the Member, and copied to the Dean and Member's Official file.

13.3.3 If a tenure-track appointment is advertised as requiring an earned doctorate or equivalent terminal qualification, and the appointment is made at the rank of Lecturer, the following conditions apply:

(a) the letter of appointment under 13.14.1 may specify that the completion of the PhD degree or equivalent qualification may be required for the member to receive a Candidacy Appointment;

(b) if the Member has submitted their doctoral dissertation or equivalent graduating project for examination, but has yet to be examined, when they are evaluated for a Candidacy Appointment under 13.3.1, the Member, providing they meet the conditions under 13.4.2.8, shall be granted a Candidacy Appointment;

(c) if the Member meets the qualification for promotion from Lecturer to Assistant Professor under 15.7.3 or 15.7.6, and meets the conditions under 13.4.2.8, the Member shall be granted a Candidacy Appointment.

13.4 Candidacy Appointment

13.4.1 A Candidacy Appointment has a three-year term and leads to consideration for tenure. Normally, a person would have completed a Provisional Appointment at the University prior to receiving a Candidacy Appointment.

13.4.2 Candidacy Appointment: Procedures and Criteria:

13.4.2.1 To be considered for a Candidacy Appointment, a Member shall apply in writing by November 15 of the final year of a Provisional Appointment. The application may be submitted electronically and shall include a curriculum vitae, teaching dossier as defined in Article 31.6, and other such documentation as the Member considers relevant, and shall be sent to the Department Chair (or equivalent).

13.4.2.2 The Chair (or equivalent) shall forward the application, supporting documentation, and a copy of the Member's Official File to the appropriate Department (or equivalent) Appointment and Promotion Committee by November 25. Constituted in accordance with 13.12.1, and under the procedures set out in 13.12.2, the Committee shall base its recommendation upon the information and documentation provided for in this clause and 13.4.2.1.

13.4.2.3 The Member shall be invited to appear before the Department (or equivalent) Appointment and Promotion Committee and to present any further evidence and/or supporting information, oral and/or written, they deem appropriate. The Department (or equivalent) Appointment and Promotion Committee shall request from the Member any further information it deems necessary or relevant to make a recommendation. The Member shall have the right to be accompanied by a representative of their choice. The Department (or equivalent) Appointment and Promotion Committee shall assess the Member's overall record of performance using the appropriate conditions and criteria pursuant to this Article. In the event any negative information is presented to the Committee, the Member shall be provided with such information in writing and shall be provided (prior to any vote being taken by the Committee) with a reasonable opportunity of responding to such negative information. A recommendation of the Department (or equivalent) Appointment and Promotion Committee shall be based only on documentation presented pursuant to this clause and clauses 13.4.2.1 and 13.4.2.2, and in accordance with the criterion set out in 13.4.2.8. The report of the Department (or equivalent) Appointment and Promotion Committee shall include a numerical record of the vote upon which the recommendation is based.

13.4.2.4 The Department (or equivalent) Appointment and Promotion Committee, as set out in clauses 13.12.1 and 13.12.2, shall no later than December 15 make a recommendation to the Dean of the Faculty on the granting of a Candidacy Appointment, with a copy to the Member.

13.4.2.5 Upon the receipt of the recommendation pursuant to 13.4.2.4, the Dean shall forward their own recommendation along with the recommendation of the Department (or equivalent) Appointment and Promotion Committee to the Vice- President: Academic who shall forward these recommendations and their own recommendation to the President.

13.4.2.6 The President shall forward their recommendation, and the recommendations received pursuant to 13.4.2.5, to the Board, and the Board shall decide on the appointment.

13.4.2.7 By February 15 in the final year of a Provisional Appointment, a Member must be notified of the Board's decision to award or deny a Candidacy Appointment. A copy of this notification shall be sent to the Association. In the event that a Candidacy Appointment is denied, the University's notification to the Member shall give written reasons for the denial.

13.4.2.8 A Member holding a Provisional Appointment shall be granted a Candidacy Appointment unless the Member has an unsatisfactory record in teaching or scholarship as set out in Article 18.

13.5 Appointment with Tenure: Initial Appointment with Tenure may be made in accordance with Article 15 of this Agreement.

13.6 Limited Term Appointment

13.6.1 A Limited Term Appointment is a full-time position, and carries no implication of renewal or continuation beyond the contractually-limited term. A person holding such an appointment may apply for a Provisional, Candidacy or Tenure Appointment if such a position is available.

13.6.2 Limited Term Appointments are made only for the purposes stated in this clause.

When the Board makes a Limited Term Appointment, the Vice-President: Academic shall inform the Association in writing stating the reason for the appointment. The purposes are:

(a) to meet temporary needs created when a Member is granted a leave of absence or temporarily transferred to another duty within the University;

(b) to provide for specific teaching, research, or scholarly needs of limited duration, including the engagement of distinguished visiting professors or persons with special academic knowledge, expertise, or experience;

(c) to provide for specific teaching and research needs which, for budgetary and/or academic reasons, the University does not wish to result in a continuing appointment;

(d) to accommodate vacancies in the full-time academic staff until full-time qualified persons acceptable for appointment are available;

(e) for appointment to programs with provisional funding or of a trial nature; and

(f) for appointments under 13.6.5, where an individual is offered a limited term appointment as well as a tenure track appointment with a later start date.

13.6.3 Limited Term Appointments of Members shall only be made for periods of 6 months, 12 months, 18 months, or 24 months, except under pressing circumstances and with the consent of the Association and which consent shall not be unreasonably withheld. Under 13.6.2 (b) or (c), Members eligible for NSERC research grants may be appointed for 36 months. Under 13.6.9, a Member in the Department of Business may be appointed for 36 months.

13.6.4 Limited Term Appointments of Members may be made for a period of 6 months only for the purposes of replacement of Members on leave under Article 17, or on reduced load under Article 20. When the Dean or designate authorizes the academic unit or sub-unit to search for such a six-month position, the Dean or designate shall inform the Association of the search and of the name of the Member on leave under Article 17, or on reduced load under Article 20.

13.6.5 The provisions of 13.6.4 do not apply to an individual who is offered a limited term appointment, as well as a tenure track appointment with a later start date.

13.6.6 When a subsequent Limited Term Appointment is granted, the Member shall not be assigned a rank lower than the rank of their previous appointment. Subject to 13.6.1, when a Member on Limited Term Appointment receives a new Limited Term Appointment for all or part of the next academic year, the Member shall receive adjustments in compensation pursuant to Article 30. When an individual who has previously held a Limited Term appointment is offered a new Limited Term appointment after a break in service of no greater than 12 months between Limited Term appointments, the reference salary shall be no less than the reference salary of the individual's previous appointment in the same academic area or sub-unit.

13.6.7 In making Limited Term Appointments, the University shall follow the procedures set out in clauses 13.1, 13.11, and 13.13.

13.6.8 With the exception of appointments under 13.6.9, a Member shall serve for no more than 4 consecutive years in Limited Term Appointments. When a Member is appointed for a period longer than 4 consecutive years, the Member shall be deemed to hold a Candidacy Appointment.

13.6.9 A Member who is serving in their fourth consecutive year of a Limited Term Appointment in the Department of Business shall be eligible for a Special Limited Term Appointment, with the following provisions:

(a) There shall be no more than 15 Special Limited Term Appointments at any one time; and

(b) Members with Special Limited Term Appointments shall be provided with three- year renewable contracts, and

(c) Members holding Special Limited Term Appointments who apply to a PTP posting, and who meet the qualifications specified in the advertisement, and those CAS members who apply under 13.6.3.7 of the Part-time Collective Agreement, shall be placed on the short list and interviewed for the appointment.

13.6.10 When Limited Term Appointments have been made in a particular subject area under 13.6.2 for 4 consecutive years, the Department Appointment and Promotion Committee shall meet by December 1 to review the position. If the position fulfils a continuing need in the department curriculum or program, the DAPC shall recommend that the Dean create a tenure-track position in this area. This recommendation shall be forwarded to the Dean who may authorize a tenure-track appointment pursuant to 13.13.1 and 13.13.2.

13.6.11 If a Member is in the third or subsequent year of service in Limited Term Appointment(s), and that position is terminated and advertised as a tenure-track appointment, the Member has the right to apply for the position, and if they apply, and have the academic degrees specified in the advertisement, the Member shall be placed on the short-list and be interviewed for the appointment.

13.7 Joint Appointment

13.7.1 A Joint Appointment is an appointment shared by 2 Faculty Members of the Bargaining Unit.

13.7.2 Where sound academic reasons exist for so doing, a Faculty Member may request a Joint Appointment with another Faculty Member. After consultation with the Department Chair(s) and/or Dean, as appropriate, the Faculty Member(s) shall submit the application for the appointment to the Vice-President: Academic who shall have the final authority for making the appointment. A Member shall not receive a Joint Appointment without their consent in writing.

13.7.3 Before a Member agrees to a Joint Appointment, they shall meet with the Vice- President: Academic, and shall reach agreement on how the Members' work is to be shared between the Members who share the Appointment, and how the procedures used in assessing the Member for subsequent or Tenure Appointment, promotion, and salary increments are to be applied.

13.7.4 The terms and conditions of the Joint Appointment shall be in writing signed by the 2 Members and the Vice-President: Academic. Within 5 days of its signing the Vice- President: Academic shall send a copy of the agreement to the Association.

13.8 Cross-Appointment

13.8.1 Where sound academic reasons exist for so doing, a Member may receive as an initial or subsequent appointment a Cross-Appointment in 2 or more academic sub- units or units within the University. A Member shall not receive a Cross-Appointment without their consent in writing.

13.8.2 Initiating a Cross-Appointment:

13.8.2.1 If a current Member wishes to be considered for a cross-appointment and the University agrees, it shall be treated as a transfer under 35.4, and subject to the terms of a cross-appointment under 13.8.3.

13.8.2.2 When the University has approved a new Cross-Appointment, the Department or equivalent Appointment and Promotion Committees of the relevant academic unit or sub-units shall agree upon the academic qualifications and experience for the appointment in accordance with 13.13.2, and shall each make a recommendation to the Dean(s) who shall institute the search. If a search is instituted, the Dean(s) shall strike an Appointment and Promotion Committee in accordance with 13.8.2.3.

13.8.2.3 An Appointment and Promotion Committee for a Cross-Appointment shall have no fewer than 5 members, and in all other respects shall be constituted in accordance with 13.12. The committee members shall be elected by each Department or equivalent Appointment and Promotion Committee from among its members so that the committee's composition reflects the distribution of the workload of the appointment between the academic units or sub-units. The Committee shall elect its chair from among its members.

13.8.2.4 The Appointment and Promotion Committee shall seek the approval of the respective department or faculty-in-councils for the rank-ordered list of candidates to be recommended for appointment in accordance with 13.13.12 before the chair of the Committee forwards the list to the Dean under 13.13.13. If one of the academic units or sub-units involved does not approve of the Cross-Appointment, the candidate shall not be cross-appointed to that unit.

13.8.3 Terms of a Cross-Appointment:

13.8.3.1 Before a Member or candidate agrees to a Cross-Appointment, they shall meet with the Deans(s), and there shall be an agreement on how the Member's work is to be shared between the academic units or sub-units concerned and which academic unit or sub-unit is to have primary responsibility for the Member in administrative and academic matters. The Member shall retain residual rights in one of the academic units or sub-units to which they would return on a full-time basis should academic needs change. The agreed upon terms of the cross-appointment shall be included in a recommendation from each Dean accompanied by the academic unit or sub-unit's recommendation in accordance with article 35.4.1, to the Vice-President: Academic.

13.8.3.2 A Member with a Cross-Appointment shall have voice on each department-in-council or equivalent. The Member shall have voting rights in the department-in- council and be eligible for membership in the Department or equivalent Appointment and Promotion Committee of the academic unit or sub-unit which has the primary responsibility for the Member's administrative and academic duties. The other department-in-council may grant the Member voting rights including eligibility to serve on the Department or equivalent Appointment and Promotion Committee.

13.8.3.3 For a Member holding a Cross-Appointment, their application for a subsequent Limited Term, or for a Provisional, Candidacy or Tenure Cross-Appointment, or for promotion shall be through an Appointment and Promotion Committee constituted in accordance with 13.8.2.3 above.

13.8.3.4 The terms and conditions of the Cross-Appointment shall be set out in a letter of appointment in accordance with 13.14. Within 5 days of the receipt of the signed letter of appointment, the Vice-President: Academic shall send a copy to the Association.

13.9 Spousal Appointment:

13.9.1 The Vice-President: Academic may authorize a new position under this article for an academic or a librarian who is the spouse or partner of the following individuals:

(a) a candidate who has been recommended for a tenure-track or tenured position, a Continuing Appointment or a position leading to a Continuing Appointment; or

(b) a candidate for a senior management position at the University.

13.9.2 When a candidate is being recruited by an external academic institution for a senior role and the external academic institution has agreed to provide the funding for a new limited term position, the decision to authorize a spousal appointment under this clause, 13.9, must be approved by the Joint Liaison Committee.

13.9.3 A spousal appointment under 13.9.1 or 13.9.2 is a non-renewable limited-term appointment to an academic unit or sub-unit for up to 3 years and shall not replace positions that have been previously approved.

13.9.4 Prior to a spousal appointment being confirmed, the relevant appointment and promotion committee will be supplied with the curriculum vitae and teaching dossier of the spouse or partner. The appointment and promotion committee's recommendation will be given to the Dean or UL who will make a recommendation to the Vice-President: Academic.

13.9.5 Anytime during the limited term appointment under this article, the appointee may apply for an advertised limited term, tenure track or tenured position, a Continuing Appointment or a position leading to a Continuing Appointment. If the appointee has met the academic qualifications and experience for the position, the appointment and promotion committee shall add their name to the short-list.

13.10 Special Academic Ranks:

13.10.1 The terms and conditions of employment of the following Special Academic Ranks shall be individually negotiated between the individual and the University:

(a) Visiting Professor, Visiting Associate Professor, Visiting Assistant Professor, or Visiting Lecturer is a faculty member visiting the University for a limited period of one year or less who normally holds a rank of similar status at another university.

(b) In-Residence Appointments, excluding those in the Faculty of Music, are initially appointments for a limited period of one year or less of a faculty member who is a specialist in an applied field who does not assume a normal teaching load and is not required to do basic academic research during the appointment.

13.10.2 Appointment to Special Academic Ranks under 13.10.1 shall be made only for the purposes and under the conditions stated above. When the University makes appointments to these ranks, the Vice-President: Academic shall inform the Association of the appointment and the category (a) or (b) under which the appointment falls and provide a copy of the letter of appointment.

13.10.3 If an In Residence Appointment is for a period of more than 12 months, or when the renewal of an In Residence Appointment creates a period of continuous service of more than 12 months, the faculty member shall be a Member of the Bargaining Unit. The terms and conditions of the appointment shall be in accordance with the Collective Agreement except for provisions suitable for the appointment agreed to by the University and the Association in a letter of understanding.

13.10.4 In light of the particular needs of the Faculty of Music, there shall be Special Academic Ranks including Artist-in-Residence, Musician-in-Residence and Accompanist-in-Residence, as Members of the Bargaining Unit. Any of these appointments shall be for a period of 12 months or longer to a maximum of 5 years. To hold such an appointment, the Member shall have an established record as a musician, and shall be expected to continue their artistic and creative activities during the term of the appointment. Consequently, the Member shall not assume a normal teaching load, but will be expected to assist with juries, auditions, student recitals and concerts, and other administrative duties that are part of the Faculty of Music program. The precise terms and conditions of the appointment shall be agreed upon by the individual and the Dean provided they are consistent with the Collective Agreement. The agreed upon terms and conditions of the appointment shall be subject to the approval of the Association prior to the issuance of a letter of appointment under 13.14.

13.11 Equity in Appointments: The Parties agree to the principles of employment equity, and agree that appointment procedures shall be in accordance with Article 22.

13.12 Department (or equivalent) Appointment and Promotion Committee:

13.12.1 By September 15 of each academic year, each department-in-council, or faculty- in-council in the case of Music, Education, and Social Work, shall elect an Appointment and Promotion Committee. Academic Programs which have Members and which are not organised as a department or faculty (e.g., Women's Studies) shall select a Committee in accordance with (h) below. The size of the Committee, quorum and method of election shall be determined by each such department-in-council, faculty-in-council, or Program Coordinating Committee provided that:

(a) all members of the Appointment and Promotion Committee shall be Members holding Provisional, Candidacy or Tenured Appointments;

(b) the Appointment and Promotion Committee shall consist of at least 5 Members of the academic unit or sub-unit;

(c) a majority of members of a Department (or equivalent) Appointment and Promotion Committee shall hold tenured Appointments;

(d) subject to (a) and (b) above, academic units or sub-units may choose to sit as a committee of the whole;

(e) all reasonable efforts shall be made to ensure that the Appointment and Promotion Committee is diverse, representing a range of identities from equity-seeking groups. All Committee members shall undergo equity training provided by the University.

(f) the Committee shall include at least one Equity Representative who shall be tenured and who shall not be the Department Chair (or equivalent) or chair of the Committee. The Equity Representative(s) shall be selected by the Committee and shall have additional equity training as outlined in Article 22.5.1. A quorum for the Committee shall not exist unless an Equity Representative is in attendance, as a voting member of the Committee;

(g) to assist with the implementation of University employment policies under Article 22, the chairs and Equity Representatives of Appointment and Promotion Committees shall attend the workshop on employment equity policies and procedures pursuant to 22.5.1, prior to acting in the role during their first year in the position and at least once every 3 years thereafter. 

(h) Departments with fewer than 5 eligible Members shall choose Members from the academic unit to serve on the Committee;

(i) Committees for Programs shall consist of at least 5 Members selected from and by the Program Coordinating Committee; if the Program Coordinating Committee does not include 5 eligible Members, the Program Coordinating Committee shall select additional Members from cognate disciplines in the academic unit to sit on the Program Appointment and Promotion Committee. If sufficient additional Members from cognate disciplines in the academic unit are not available, Member(s) from the discipline or a cognate discipline from another academic unit or sub-unit shall be appointed. The Program Coordinating Committee shall recommend these additional members to the Dean; this recommendation shall be subject to the approval of the Dean, and such approval shall be in writing and sent to the chair of the Program Coordinating Committee;

(j) If after the July 1 deadline in 13.12.1 there is not enough expertise on the DAPC for an upcoming appointment, the Department (or equivalent) may elect additional members from the Department (or equivalent);

(k) in the Department of Business, there shall be an Appointment Committee for each Area and a Business Department Appointment and Promotion Committee (BDAP); the membership and the procedures of the Area Appointment Committees and the BDAP Committee shall be in accordance with 13.12.1 and 13.12.2, subject to the provisions in 13.12.4.1;

(l) the Department Chair (or equivalent) shall preside ex-officio over the Appointment and Promotion Committee and shall vote along with the other members of the Appointment and Promotion Committee; when the Chair (or equivalent) is ineligible to serve, the Committee shall elect one of its members to serve as chair;

(m) in academic units with faculties-in-council (Education, Music, and Social Work) the Temporary Chair shall be elected by the faculty-in-council and shall preside ex-officio over the Appointment and Promotion Committee and shall vote along with the other members of the Appointment and Promotion Committee;

(n) in the event that an elected member is unable to carry out required Committee responsibilities, or has a declared conflict of interest, the Department or Faculty shall meet to elect a replacement for the remainder of the term of the office;

(o) a Member applying for a Candidacy Appointment, Tenure, or Promotion to Assistant or Associate Professor shall not serve on the Department (or equivalent) Appointment and Promotion Committee for meetings concerning candidacy appointment, tenure, or promotion applications during the academic year when their application is to be considered. Subject to the provisions on conflict of interest pursuant to Article 9, a Member applying for a Candidacy Appointment, Tenure or Promotion to Assistant or Associate Professor is eligible to serve on the Appointment and Promotion committee for meetings concerning all other matters during the academic year when their own application is to be considered;

(p) a Member applying for Promotion to Professor shall not serve on the Department (or equivalent) Appointment and Promotion Committee for meetings concerning promotion applications to Professor during the academic year when their own application is to be considered. Subject to the provisions on conflict of interest pursuant to Article 9, a Member applying for Promotion to Professor is eligible to serve on the Appointment and Promotion Committee for meetings concerning all other matters during the academic year when their own application is to be considered.

13.12.2 The Appointment and Promotion Committee shall assess and recommend applicants for Provisional, Candidacy, Tenure and Limited Term Appointments, including applications for Joint or Cross Appointments, and candidates for promotion in rank. The Committee shall adhere to the procedures set out in 13.4,
13.13 and 15.4, as applicable, and to the principles and procedures on Employment Equity in Article 22 and set out in Appendix J.

a) In fulfilling its responsibilities pursuant to Article 13.4, recommendations for Candidacy Appointment, and Article 15: Promotion and Tenure, the Appointment and Promotion Committee shall follow the voting procedures below:

• • to be eligible to vote on hiring recommendations, committee members must have participated substantially in the interview process for all applicants for a position;
  • to be eligible to vote on recommendations for Candidacy appointments and promotion and tenure applications, committee members must have reviewed the complete applications for all candidates;
  • all members present at the meeting who are eligible to vote shall vote on any recommendation;
  • all voters shall vote yea or nay;
  • a secret ballot shall be used;
  • the recommendation shall be framed in the affirmative.

b) the Committee's recommendation shall be determined by a simple majority vote, and failure to obtain a majority on any motion results in the defeat of the motion; the ballots shall be the official record of the vote and shall not be destroyed until a final decision is made. In matters not set out in this Agreement, the Appointment and Promotion Committee shall determine its own procedures, and these procedures along with a list of Committee members shall be communicated in writing to the Dean and the Association by July 1 of each year.

13.12.3 When a Member has applied for a Provisional, Candidacy, or Limited Term Appointment, the Chair or Dean, as appropriate, shall request a copy of the Member's Official File. The Official File shall be forwarded to the relevant
Appointment and Promotion Committee as part of the applicant's documentation.

13.12.4 Appointment and Promotion Committees for the Department of Business:

13.12.4.1 In the Department of Business, there shall be an Appointment Committee for each Area and a Department of Business Appointment and Promotion Committee. The membership and the procedures of the BDAP Committee and the Area Appointment Committees shall be in accordance with 13.12.1 and 13.12.2 above, subject to the following:

(a) Area Appointment Committees shall consist of at least 5 Members selected from and by the Area; the Area Coordinator shall preside ex-officio over the Area Appointment Committee and shall vote along with the other members of the Area Appointment Committee; when the Coordinator is ineligible to serve, the Committee shall elect one of its members to serve as chair;

(b) all reasonable efforts shall be made to ensure that Area Appointment and Promotion Committees are diverse, representing a range of identities from equity-seeking groups. All Committee members shall undergo equity training provided by the University.

(c) each Area Appointment Committee shall include at least one Equity Representative who shall be tenured and who shall not be the Area Coordinator or chair of the Committee. The Equity Representative(s) shall be selected by the Committee and shall have additional equity training as outlined in article 22.5.1. A quorum for the Committee shall not exist unless an Equity Representative is in attendance as a voting member of the Committee;

(d) Area Appointment Committees shall be responsible for recommendations on appointments, including recommending the academic qualifications and experience for positions pursuant to 13.13.2, and for conducting searches and recommending appointments in accordance with 13.13, except that under 13.13.17 and 13.13.18 the BDAP Committee shall serve as the department-in-council;

(e) the BDAP Committee shall be responsible for recommendations on Candidacy Appointments, Tenure and Promotion;

(f) the BDAP Committee shall be chaired by the Associate Dean and shall have one representative from each Area as a permanent member of the committee for the contract year. When a Member's application for a Candidacy Appointment, Tenure or Promotion comes before BDAP, there shall be 2 additional voting representatives from the Member's Area on the Committee. By July 1 of each academic year, each Area shall elect the Area's permanent member and the 2 other members for service on the BDAP Committee. One of the 3 Area representatives shall be the Area Coordinator. All committee members shall undergo equity training provided by the University. The Area Coordinator shall be responsible for presenting the Member's application to the committee;

(g) the BDAP Committee shall include at least one Equity Representative who shall be tenured and who shall not be the Associate Dean or chair of the Committee. The Equity Representative(s) shall be selected by the BDAP Committee and shall have equity training as outlined in article 22.5.1. A quorum for the Committee shall not exist unless an Equity Representative is in attendance as a voting member of the Committee.

13.13 Initiating and Recommending Appointments

13.13.1 The Dean of each Faculty shall establish procedures for consultation and shall consult with their academic unit in determining the allocation of positions within the academic unit, but the final decision in such allocation, including rank, shall be that of the Dean.

13.13.2 When it has been determined by the Dean that an appointment is to be made in a Department or Faculty or Program, the Appointment and Promotion Committee shall recommend to the Dean the academic qualifications and the experience required for the position. After having considered the Committee's recommendation concerning the above, the Dean shall authorize a search for a person to fill the allocated position, and the Department Chair or equivalent shall institute the search in accordance with the terms of this Agreement and University policies and procedures. In Music, Education and Social Work, the Dean, after having considered the Committee's recommendation, shall authorize, and the Dean, or his or her designate, shall institute the search.

13.13.3 Each advertised full-time appointment shall have its own unique description with the components outlined in Appendix J. Advertisements appearing in different media must be consistent. At the time of the construction of the advertisement, the Appointment Committee shall develop an evaluation grid or assessment form based upon the qualifications identified in the advertisement. Committees shall not introduce new qualifications after the posting of the advertisement.

13.13.4 Faculty appointments shall be made only after the University has advertised the positions internally by distribution to all Full-time Faculty and Contract Teaching Faculty, and by posting in the academic sub-unit and on the University's web-page, and externally in appropriate publications which shall include University Affairs and the CAUT Bulletin. The positions shall be advertised as widely as possible, with the goal of obtaining a diverse pool of applicants.

13.13.5 The Appointment and Promotion Committee shall only use information provided during the recruitment process to assess candidates and not other information such as informal discussions with the candidate at conferences.

13.13.6 When an appointment is to be made to more than one campus and/or location, the campus(es) and/or location(s) of the position shall be indicated in the job posting.

13.13.7 All applications received up to the deadline shall be treated equally, with no advantage provided to those who submit early and no disadvantage to those who submit on, or just before, the deadline. If the Appointment Committee approves of the late acceptance of applications, they may only be considered if they are received prior to the first meeting of the Appointment Committee to review the applications. All late applications must be considered up to the date of the first Appointment Committee meeting and applicants cannot be disadvantaged for submitting the applications after the deadline.

13.13.8 Where appointments must be made urgently, i.e., within one month of the commencement of the academic term for sound academic reasons, exceptions to 13.13.3 and 13.13.4 may be authorized by the Vice-President: Academic upon the recommendation of the Department and the Dean. When this exceptional practice is authorized, the Vice-President: Academic shall, within 5 days, inform the Association in writing giving reasons for the exception.

13.13.9 When a Limited Term Appointment is to be made under 13.6.2 and there is a fully qualified candidate currently in the employ of the University, the Department and Dean may recommend an appointment without a search to the Vice-President: Academic. Both the Dean and the Vice-President: Academic shall consider and make recommendations on a case by case basis according to the qualifications of the individual candidate. When the Vice-President: Academic denies such an appointment, they shall inform the Dean and Department in writing giving reasons for the decision, copied to the Association. If the Vice-President: Academic authorizes the appointment without a search, they shall, within 10 working days of receiving a signed Letter of Appointment, inform the Association in writing giving reasons for this exception to 13.13.3 and 13.13.4.

13.13.10 In exceptional circumstances, where there is a fully qualified Member on a Limited Term Appointment currently in the employ of the University, the Department and Dean may recommend a tenure-track appointment without a search to the Vice-President: Academic. Both the Dean and the Vice-President: Academic shall consider and make recommendations on a case by case basis according to the qualifications of the individual candidate. When the Vice-President: Academic denies such an appointment, they shall inform the Dean and Department in writing giving reasons for the decision, copied to the Association. If the Vice President: Academic authorizes the appointment without a search, they shall, within 10 working days, of receiving a signed Letter of Appointment, inform the Association in writing giving reasons for this exception to 13.13.3 and 13.13.4. If a search is undertaken, the Member shall be placed on the short-list and interviewed for the appointment.

13.13.11 Under 13.7.3.6 of the Part-time Contract Academic Staff Collective Agreement, if a new full-time position is created in a field or area in which a CAS member regularly teaches, or a member has seniority status in a course or courses that are likely to be taught by the new hire, the member has a right to apply for the position, and if they apply, and have the requisite qualifications as outlined in the job posting, the member shall be placed on the short-list, and interviewed for the appointment.

13.13.12 In exceptional circumstances, the recruitment of uniquely qualified, internationally recognized scholars may necessitate prompt hiring decisions to attract such individuals to the University. In such cases the department-in-council and Dean may recommend an appointment without search to the Vice-President: Academic. Both the Dean and the Vice-President: Academic shall consider and make recommendations on a case by case basis according to the qualifications of the individual candidate. When the Vice-President: Academic denies such an appointment, they shall inform the Dean and department-in-council in writing, giving reasons for the decision, copied to the Association. If the Vice President: Academic authorizes the appointment without a search, they shall, within 10 working days of receiving a signed Letter of Appointment, inform the Association in writing, giving reasons for this exception to 13.13.3 and 13.13.4.

13.13.13 Under the direction of the chair of the Department (or equivalent) Appointment and Promotion Committee and the Equity Representative, the appointment process shall follow the guidelines for fairness and equity in appointments set out in Article 22. After the deadline date, the Appointment Committee shall meet to evaluate the applicants and create the short list. Prior to the meeting, each member of the Appointment Committee shall complete a copy of the evaluation grid or assessment form for all the candidates. At the meeting, each applicant shall be evaluated only against the qualifications identified in the advertisement; not relative to the other candidates. The assessment shall be made objectively on sound academic grounds. The Committee must consider carefully if there are qualified candidates from equity-seeking groups who should be included on the short list.

13.13.14 Approval of the Short List by the Dean

As many short-listed candidates as possible should be approved for interview. The Appointment Committee chair shall prepare a report which includes the candidates recommended for the interview short list, their curriculum vitae, and the evaluation grid or assessment form used to assess and rank the candidates. The Chair shall discuss this report in person with the Dean. The Committee Equity Representative shall prepare a report summarizing how equity principles and practices were considered in the search process in accordance with the equity training under 22.5.1, and shall discuss this report in person with the Dean. Both meetings with the Dean, and approval of the shortlist by the Dean, shall take place before candidates are contacted to arrange interviews.

13.13.15 Interview:

(a) Before the date of the interview, candidates shall be provided with an interview schedule, names of Committee members, and the details for any academic presentation and/or teaching presentation.

(b) On or before the date of an interview with a candidate, the Chair shall provide the candidate with a WLUFA information pamphlet for new appointees and information on Equity, Diversity and Inclusion from Human Resources. Copies of the WLUFA pamphlet will be supplied by the Association.

(c) The interview must be standardized for all candidates for a position. All candidates shall be given the same instructions, and similar schedules and settings for their presentation(s), subject to accommodation requests.

(d) A set of standard questions based on the advertised qualifications shall be prepared in advance to serve as a guide during each candidate's interview with the committee. The questions shall conform to the Ontario Human Rights Commission's interview guidelines for permissible questions.

(e) As per 13.12.2(a), Appointment Committee members shall participate substantially in the interview process for all applicants, and shall make every effort to attend the full interview segments (the interview, research presentation, teaching presentation).

(f) Internal candidates who meet the qualifications under 13.6.11 and 13.13.11 shall be placed on the short-list and interviewed for the position. Non-qualified candidates must not be interviewed on a courtesy basis.

(g) The Appointment Committee shall review the Official Files of internal applicants if the internal applicants have been short-listed for interview.

13.13.16 Post-Interview Evaluation: Candidates shall be evaluated by the Appointment Committee on their performance during the interview. A separate evaluation grid or assessment form shall be developed for the post-interview evaluation based on the advertised qualifications as manifested in the components of the interview. If Departmental members, graduate students, or other non-Committee members attend components of the interview, standardized questions shall be developed and used to gather feedback related to the position requirements.

13.13.17 The Appointment and Promotion Committee shall recommend to a formal meeting of the faculty-in-council for Education, Social Work, and Music or departments-in- council or Coordinating Committees in other Faculties, a rank-ordered list of candidates recommended for appointment.

13.13.18 The Department Chair or equivalent shall forward to the Dean a rank-ordered list of candidates recommended for appointment, approved by the department-in-council or Coordinating Committee. In Education, Social Work and Music, the recommendation to the Dean shall be made by the faculty-in-council chaired by the Temporary Chair. The recommendation to the Dean shall include a summary of the assessment made on how candidates meet the advertised requirements, including the degrees held, the record of teaching, and the scholarly, creative or professional work. The Equity Representative shall forward to the Dean an updated report summarizing how equity principles and processes were considered in the search process in accordance with the equity training under 22.5.1. When a recommendation for a Limited Term Appointment needs to be made for urgent reasons in the Spring Term, and 5 Members are not available to constitute a Department (or equivalent) Appointment and Promotion Committee, the Chair, in consultation with available Members, may make the recommendation to the Dean.

13.13.19 Upon the receipt of the recommendation and reports pursuant to 13.13.18, the Dean shall forward their own recommendation, along with the recommendation of the Department or Program or Faculty, to the Vice President: Academic who shall forward these recommendations and reports and their own recommendation to the President.

13.13.20 The President shall forward their recommendation, and the recommendations received pursuant to 13.13.18, to the Board, and the Board shall decide on the appointment.

13.14 Letter of Appointment

13.14.1 The successful candidate shall receive a letter of appointment in duplicate from the President or their designate specifying the terms of employment, including:

(a) campus or campuses to which the appointment is made;

(b) department or unit in which the appointment is made;

(c) rank;

(d) Reference Salary, and where applicable actual salary;

(e) type of appointment;

(f) date on which the appointment commences;

(g) credited years of service for Sabbatical Leave, and credited years in rank, if any, pursuant to 13.1.3;

(h) duration of appointment period, where applicable;

(i) assigned teaching load pursuant to 18.2.4, and the teaching workload norm of the academic unit or sub-unit pursuant to 18.2.1.1;

(j) pursuant to 17.9.1.3, the Member's vacation entitlement upon appointment;

(k) such other terms and conditions of the appointment which have been agreed upon by the Member and the University provided they are not inconsistent with the terms of this Agreement;

(l) a statement that the ·ï»Ë²ÊƱƽ̨ Faculty Association is the sole and exclusive bargaining agent for full-time Faculty Members;

(m) a statement that the appointment is subject to the terms of this Agreement.

13.14.2 A copy of this Agreement shall be included with the letter of appointment and, if the offer is acceptable to the candidate, the candidate shall sign and return one copy of the letter to the President or designate.

13.14.3 A copy of the signed letter of appointment shall be sent to the Association within 15 days of its receipt by the President or designate or by the first day of the appointment whichever is earlier.

14.1 Academic Status and Appointment of Librarians

14.1.1 As the nature of their work and the qualifications required to carry it out are essentially academic, librarians are partners with faculty in the support and promotion of the University's educational goals. All Members are appointed by the University and in accordance with provisions of Articles 7 and 8.

14.1.2 The minimum academic qualifications for a librarian position shall be a first undergraduate degree and a professional degree from a recognized school of library and information studies or its equivalent. A second Master's degree in an academic subject area is preferred.

14.1.3 All appointments of Members are at one of the following ranks: Librarian I, Librarian II, Librarian III, or Librarian IV.

14.1.4 Initial appointments may be made to any rank, Librarian I, II, III or IV, depending on the appointee's experience and level of achievement. Credit for years of service for Librarians' Academic and Professional Leave under 17.3.1 and 17.3.2, and credit
for years in a rank at another university library, or equivalent experience elsewhere, shall be recognized, and the agreed upon credit, if any, shall be stated in a letter of appointment.

14.1.5 Appointments of Members shall be of the following types: Provisional, Candidacy, Continuing, or Limited Term.

Categories of Appointments

14.2 Provisional Appointment

14.2.1 A Provisional Appointment has a 3 year term. A Member holding a Provisional Appointment shall be considered for a Candidacy Appointment in accordance with 14.3.

14.2.2 A Librarian I shall hold a Provisional Appointment, before being considered for a Candidacy Appointment.

14.2.3 After 6 and 12 months of service in a Provisional Appointment, a Member's performance shall be reviewed by the Member's supervising AUL, otherwise by the UL. The Member shall be provided with the written performance review(s) within 5 days of each evaluation, and a copy of the review(s) shall be forwarded to the UL and placed in the Member's Official File.

14.2.4 By the first November 15 after the Member has accrued 27 months of service, the Member shall apply in writing for a Candidacy Appointment. The application shall include a curriculum vitae and other such documentation as the Member considers relevant, and shall be sent to the Temporary Chair of the LAP Committee. At the same time, the Member shall forward a copy of the letter of application to their supervising AUL, if applicable, and the UL for information. The Temporary Chair shall forward the application, supporting documentation, and a copy of the Member's Official File to the LAP Committee by November 25.

14.2.5 No later than December 15, the LAP Committee, as specified in 14.8, and the supervising AUL, if applicable, shall make a recommendation to the UL on the granting of a Candidacy Appointment, copied to the Member. The LAP Committee shall base its recommendation upon the information and documentation outlined in 14.2.4.

14.2.6 By January 15, the UL shall make a recommendation on the suitability of the Member for a Candidacy Appointment, and shall forward their own recommendation along with the recommendation of the LAP Committee and the supervising AUL, if applicable, to the Vice-President: Academic.

14.2.7 By February 15, the Vice-President: Academic shall notify the Librarian Member whether or not a Candidacy Appointment has been granted. A copy of this notification shall be sent to the Association. In the event that a Candidacy Appointment is denied, the Vice-President: Academic's notification to the Member shall give written reasons for the denial.

14.2.8 A Librarian Member holding a Provisional Appointment shall be granted a Candidacy Appointment unless the Member has an unsatisfactory record in professional practice or scholarly and/or professional activity as set out in 19.1.2 and 19.1.4.

14.3 Candidacy Appointment

14.3.1 A Candidacy Appointment has a three-year term. A Member holding a Candidacy Appointment shall be considered for a Continuing Appointment under the procedures set out in Article 16.

14.3.2 A Librarian who is appointed at the rank of Librarian II, III, or IV with appropriate academic qualifications and professional experience, as set out under 16.6.3, 16.6.4, or 16.6.5, as appropriate, shall be granted a Candidacy Appointment without serving a Provisional Appointment.

14.4 Continuing Appointment

14.4.1 Continuing Appointment signifies the right of a Member to continuous and permanent appointment, which may be terminated only through resignation, or retirement, or financial exigency under the provisions of Article 24, or by dismissal for just cause under the provisions of Article 26.

14.4.2 A Librarian with appropriate academic qualifications and professional experience may be granted a Continuing Appointment without serving a Provisional Appointment or Candidacy Appointment, pursuant to 16.4.2.

14.4.3 An assessment for a Continuing Appointment shall occur under the procedures and criteria set out in Article 16. Notification of the awarding or denial of a Continuing Appointment shall occur no later than 3 months prior to the termination of the Candidacy Appointment. A copy of this notification shall be sent to the Association.

14.5 Department Heads

14.5.1 Appointments to the position of Department Head shall follow the procedures set out in Article 21: Administration of Academic Sub-units.

14.6 Limited Term Appointment

14.6.1 A Limited Term Appointment is a full-time position, and carries no implication of renewal or continuation beyond the contractually limited term. A person holding such an appointment may apply for a Provisional, Candidacy or Continuing Appointment if such a position is available.

14.6.2 When the University makes a Limited Term Appointment, the Vice-President: Academic shall inform the Association within 10 days of making the appointment stating the reason. The reasons for making Limited Term Appointments are as follows:

(a) to meet temporary needs created when a Librarian Member is on leave or temporarily transferred to another duty within the University;

(b) to appoint a librarian who holds a Continuing Appointment at another institution, and who is therefore designated as "Visiting";

(c) to appoint a librarian for a specific project of fixed duration;

(d) to provide for specific Library needs which, for budgetary or professional reasons, the University does not wish to result in a Continuing Appointment;

(e) for appointments based upon provisional funding or activities of a trial nature.

(f) to offer a limited-term appointment to an individual who has been offered a Provisional, Candidacy, or Continuing Appointment with a later start date.

14.6.3 Limited Term Appointments may be made for periods of up to 24 months.

14.6.4 When a subsequent Limited Term Appointment is granted, the Librarian Member shall not be assigned a rank lower than the rank of their previous appointment. Subject to 14.6.1, when a Librarian Member on Limited Term Appointment receives a new Limited Term Appointment for all or part of the next academic year, the Member shall receive adjustments in compensation pursuant to Article 30.

14.6.5 Effective upon ratification of this Agreement, a Librarian Member shall serve for no more than 4 consecutive years in Limited Term Appointments. When a Librarian Member is appointed for a period longer than 4 consecutive years, the Librarian Member shall be deemed to hold a Candidacy Appointment.

14.6.6 When a Limited Term Appointment(s) has been made under 14.6.2 for 3 consecutive years, the Librarians' Continuing Appointment and Promotion Committee shall meet to review the position. If the position fulfils a continuing need, the LAP Committee shall recommend to the UL that the UL create a Provisional, Candidacy or Continuing Appointment. This recommendation shall be forwarded to the UL, and the UL may authorize a Provisional, Candidacy or Continuing Appointment.

14.6.7 With the exception of Limited Term Appointments made under 14.6.2 (f), periods of service in Limited Term Appointments shall be deemed periods of probationary service toward a Continuing Appointment, and periods of service for promotion in rank.

14.6.8 A Member who is serving their second or subsequent year on Limited Term Appointments shall be informed by the University, no later than 6 months before the expiry of the Limited Term Appointment, whether or not a Provisional, Candidacy or Continuing appointment will be created. The Member has the right to apply for the position and, if they have the appropriate academic qualifications and professional experience specified in the advertisement, the Member shall be placed on the short- list and be interviewed for the appointment.

14.7 Other Categories of Appointment: 14.7.1Librarian Joint Appointment

14.7.1.1 A Librarian Joint Appointment is an appointment shared by 2 Librarian Members.

14.7.1.2 Where sound academic reasons exist for so doing, a librarian may request a Joint Appointment with another librarian. The application shall be made to the UL and the authority for granting a Joint Appointment rests with the Vice-President: Academic. A Member shall not receive a Joint Appointment without their consent in writing.

14.7.1.3 Before a Member agrees to a Joint Appointment, they shall meet with the Vice- President: Academic and the UL, and shall reach agreement on how the Members' work is to be shared between the Members who share the Appointment, and how the procedures used in assessing the Member for subsequent or Continuing Appointment, promotion, and salary increments are to be applied.

14.7.1.4 The terms and conditions of the Joint Appointment shall be in writing signed by the 2 Members and the Vice-President: Academic. Within 5 days of its signing the Vice-President: Academic shall send a copy of the agreement to the Association.

14.7.2 Cross-Appointment

14.7.2.1 Where sound academic reasons exist for so doing, a Member may receive as an initial or subsequent appointment a Cross-Appointment divided between a Librarian position and a Faculty position. A Member shall not receive a Cross-Appointment without their consent in writing.

14.7.2.2 Initiating a Cross-Appointment

14.7.2.2.1 If a current Member wishes to be considered for a Cross-Appointment and the University agrees, it shall be treated as a transfer under 35.4, and subject to the terms of a cross-appointment under 14.7.2.3.

14.7.2.2.2 When the University has approved a new Cross-Appointment, the LAP Committee and the DAP Committee, or equivalent, of the academic sub-unit shall agree upon the academic qualifications and experience for the appointment in accordance with 14.9.2 and 13.13.2, and shall each make a recommendation to the UL and the Dean who shall institute the search. If a search is instituted, the UL and Dean shall strike an Appointment and Promotion Committee in accordance with 13.8.2.3 and 14.7.2.2.3, and the search shall be conducted in accordance with 13.13 and 14.9.

14.7.2.2.3 An Appointment and Promotion Committee for a Cross-Appointment shall have no fewer than 5 members. The committee members shall be elected by the LAP Committee and the DAP Committee, or equivalent, from among its members so that the committee's composition reflects the distribution of the workload of the appointment between the academic units or sub-units. The Committee shall elect its chair from among its members. In all other respects, it shall be constituted in accordance with 13.12 and 14.8.

14.7.2.2.4 The Appointment and Promotion Committee shall seek the approval of the respective faculty-in-council or department-in-council, or equivalent, and the LAP Committee for the rank-ordered list of candidates to be recommended for appointment in accordance with 13.13.7 and 14.9.10 before the chair of the Committee forwards the list to the Dean and UL under 13.13.10 and 14.9.11. If one of the academic units or sub-units involved does not approve of the Cross- Appointment, the candidate shall not be cross-appointed to that unit.

14.7.2.3 Terms of a Cross-Appointment

14.7.2.3.1 Before a Member or candidate agrees to a Cross-Appointment, they shall meet with the UL and the Dean, and there shall be an agreement on how the Member's work is to be shared between the academic units or sub-units concerned and which academic unit or sub-unit is to have primary responsibility for the Member in administrative and academic matters. The Member shall retain residual rights in one of the academic units or sub-units to which they would return on a full-time basis should academic needs change.

14.7.2.3.2 A Member with a Cross-Appointment shall have voice on the librarians-in-council and on the department-in-council, or equivalent, and shall have voting rights and eligibility for membership in the LAP or DAP Committee or equivalent of the academic unit or sub-unit which has the primary responsibility for the Member's administrative and academic duties. The other department- or librarian-in-council may grant the Member voting rights including eligibility to serve on the LAP or DAP Committee, or equivalent.

14.7.2.3.3 For a Member holding a Cross-Appointment, their application for a subsequent Limited Term, or for a Provisional, Candidacy or Tenured/Continuing Cross- Appointment, or for promotion, shall be through an Appointment and Promotion Committee constituted in accordance with 14.7.2.2.3 above.

14.7.2.4 The terms and conditions of the Cross-Appointment shall be set out in a letter of appointment in accordance with 13.14 and 14.10. Within 5 days of the receipt of the signed letter of appointment, the Vice-President: Academic shall send a copy to the Association.

14.8 Librarian Appointment and Promotion (LAP) Committee

14.8.1 By July 1 of each academic year, the librarians-in-council shall elect members to the LAP Committee. The size of the Committee, quorum, the Temporary chair, and the method of election shall be determined by the librarians-in-council, provided that:

(a) all members of the Committee shall be Librarian Members with Continuing Appointments except as provided for in 16.5.4;

(b) the Committee shall consist of at least 5 members;

(c) all reasonable efforts shall be made to ensure that the Committee is diverse, representing a range of identities from equity-seeking groups. All Committee members shall undergo equity training provided by the University.

(d) the Committee shall include at least one Equity Representative who shall not be the LAP Committee chair. The Equity Representative(s) shall be selected by the Committee and shall have additional equity training as outlined in Article 22.5.1. A quorum for the Committee shall not exist unless an Equity Representative is in attendance as a voting member of the Committee;

(e) to assist with the implementation of University employment policies under Article 22, the chairs and Equity Representatives of Appointment and Promotion Committees shall attend a workshop on employment equity policies and procedures pursuant to 22.5.1 prior to acting in the role during their first year in the position and at least once every 3 years thereafter;

(f) Members on leave of absence of 4 months or more shall not be eligible for election to the LAP Committee. In the event that an elected member is unable to carry out required Committee responsibilities, or has a declared conflict of interest, the librarians-in-council shall meet to elect a replacement for the remainder of the term of the office.

(g) A Librarian Member applying for Promotion shall not serve on the LAP Committee for meetings concerning promotion applications during the academic year when their own application is to be considered. Subject to the provisions on conflict of interest pursuant to 9.2 and 9.2.1, such a Member is eligible to serve on the Committee for all other matters during the academic year when their own application is to be considered.

(h) A Librarian Member of the University Librarians' Continuing Appointment and Promotion Committee (ULCAP) shall not serve on the LAP Committee for meetings concerning continuing appointment and promotion applications. Subject to the provisions on conflict of interest pursuant to 9.2 and 9.2.1, such a Member is eligible to serve on the LAP Committee for all other matters.

14.8.2 The LAP Committee shall assess and recommend applicants for Provisional, Candidacy, Continuing, Limited Term, Joint or Cross Appointments and Department Head Appointments and their renewal under 21.6, including applications for Joint or Cross Appointments, and candidates for promotion in rank in the University Library. The Committee shall adhere to the procedures set out in 14.9 and 16.5, and to the principles and procedures on Employment Equity in Article 22 and set out in Appendix J.

(a) In fulfilling these responsibilities, the LAP Committee shall follow the voting procedures below:

• • to be eligible to vote on hiring recommendations, committee members must have participated substantially in the interview process for all applicants for a position
  • to be eligible to vote on recommendations for Continuing appointments and promotion applications, committee members must have reviewed the complete applications for all candidates
  • all members present at the meeting who are eligible to vote shall vote on any recommendation;
  • all voters shall vote yea or nay;
  • a secret ballot shall be used;
  • the recommendation shall be framed in the affirmative;
  • the Committee's recommendation shall be determined by a simple majority vote, and failure to obtain a majority on any motion results in the defeat of the motion;
  • the ballots shall be the official record of the vote and shall not be destroyed until a final decision is made.

(b) In matters not set out in this Agreement, the Committee shall determine its own procedures, and these procedures along with a list of Committee members shall be communicated in writing to the UL and the Association by July 1 of each year.

14.8.3 The LAP Committee's recommendations on applications for Continuing Appointment and on candidates for promotion in rank shall be made in writing to the University Librarians' Continuing Appointment and Promotion Committee pursuant to 16.5. The LAP Committee's recommendations on Provisional, Candidacy, Limited Term, and Department Head Appointments, including applications for Joint or Cross Appointments, shall be made in writing to the UL and copy provided to the AUL, where applicable, pursuant to 14.9.

14.9 Initiating and Recommending Appointments

14.9.1 In assessing staffing needs of the professional librarian component of the Library staff, the UL shall consult with the librarians-in-council, but the final decision in the establishment of librarian positions shall be that of the Vice-President: Academic upon consideration of recommendations of the librarians-in-council and the UL.

14.9.2 When it has been determined by the Vice-President: Academic that a librarian appointment is to be made, the LAP Committee shall recommend to the UL the academic qualifications and experience required for the position. The UL, after having considered the LAP Committee's recommendation, shall authorize and institute the search.

14.9.3 Each advertised full-time appointment shall have its own unique description with the components outlined in Appendix J. Advertisements appearing in different media must be consistent. At the time of the construction of the advertisement, the Appointment Committee shall develop an evaluation grid or assessment form based upon the qualifications identified in the advertisement. Committees shall not introduce new qualifications after the posting of the advertisement.

14.9.4 Librarian Appointments of Members shall be made only after the University has advertised the positions internally distribution to all Full-time and Part-time Librarians and by posting on the University's web-page, and externally in appropriate publications which shall include CAUT Bulletin. The positions shall be advertised as widely as possible, including in library-specific networks, with the goal of obtaining a diverse pool of applicants.

14.9.5 The LAP shall only use information provided during the recruitment process to assess candidates and not other information such as informal discussions with the candidate at conferences.

14.9.6 When an appointment is to be made to more than one campus and/or location, the campus(es) and/or location(s) of the position shall be indicated in the job posting.

14.9.7 Applications shall be sent to the UL, who shall forward them to the Temporary Chair of LAP and the Member's supervising AUL.

14.9.8 All applications received up to the deadline shall be treated equally, with no advantage provided to those who submit early and no disadvantage to those who submit on, or just before, the deadline. If the Appointment Committee approves of the late acceptance of applications, they may only be considered if they are received prior to the first meeting of the Appointment Committee to review the applications. All late applications must be considered up to that date and applicants cannot be disadvantaged for submitting the applications after the deadline.

14.9.9 Under the direction of the Temporary Chair of the LAP Committee and the Equity Representative, the appointment process shall follow the guidelines for fairness and equity in appointments set out in Article 22.

14.9.10 Within 15 days of the posted application deadline, the LAP Committee shall meet to review the applications and create the short list. Prior to the meeting, each member of the LAP Committee shall complete a copy of the evaluation grid or assessment form for all of the candidates. At the meeting, each applicant shall be evaluated only against the qualifications identified in the advertisement, not relative to the other candidates. The assessment shall be made objectively on sound grounds. The Committee must consider carefully if there are qualified candidates from equity-seeking groups who should be included on the short list. The LAP Committee and the UL shall consult about candidate evaluation with the goal of consistency where possible.

14.9.11 Where appointments must be made urgently for sound academic reasons, exceptions to 14.9.3 and 14.9.4 may be authorized by the Vice-President: Academic upon the recommendation of the LAP Committee and the UL. When this exceptional practice is authorized, the Vice-President: Academic shall, within 5 days, inform the Association in writing giving reasons for the exception.

14.9.12 When a Limited Term Appointment is to be made under 14.6.2 and there is a fully qualified candidate currently in the employ of the University, the LAP Committee and UL may recommend an appointment without a search to the Vice-President: Academic. Both the UL and the Vice-President: Academic shall consider and make recommendations on a case by case basis according to the qualifications of the individual candidate. When the Vice-President: Academic denies such an appointment, they shall inform the UL and LAP Committee in writing giving reasons for the decision, copied to the Association. If the Vice-President: Academic authorizes the appointment without a search, they shall, within 10 working days of receiving a signed Letter of Appointment, inform the Association in writing giving reasons for this exception to 14.9.3 and 14.9.4.

14.9.13 In exceptional circumstances, where there is a fully qualified Librarian Member on a Limited Term Appointment currently in the employ of the University, the LAP Committee and UL may recommend a Provisional, Candidacy or Continuing Appointment without a search to the Vice-President: Academic. Both the UL and the Vice-President: Academic shall consider and make recommendations on a case by case basis according to the qualifications of the individual candidate. When the Vice- President: Academic denies such an appointment, they shall inform the UL and LAP Committee in writing giving reasons for the decision, copied to the Association. If the Vice-President: Academic authorizes the appointment without a search, they shall, within 10 working days, of receiving a signed Letter of Appointment, inform the Association in writing giving reasons for this exception to 14.9.3 and 14.9.4. If a search is undertaken, the Member shall be placed on the short-list and interviewed for the appointment.

14.9.14 Approval of the Short List by the University Librarian

As many short-listed candidates as possible should be approved for interview. The LAP Temporary Chair shall prepare a report which includes the candidates recommended for the interview short list, their curriculum vitae, and the evaluation grid or assessment form used to assess and rank the candidates. The Temporary Chair shall discuss this report in person with the UL, and if applicable the supervising AUL. The Committee Equity Representative shall prepare a report summarizing how equity principles and practices were considered in the search process in accordance with the equity training under 22.5.1, and shall discuss this report in person with the UL, and if applicable the supervising AUL. Both meetings with the UL and AUL, and approval of the shortlist by the UL, shall take place before candidates are contacted to arrange interviews.

14.9.15 Interview

(a) Before the date of the interview, candidates shall be provided with an interview schedule, names of Committee members, and the details for any presentation(s).

(b) On or before the date of an interview with a candidate, the Chair shall provide the candidate with a WLUFA information pamphlet for new appointees and information on Equity, Diversity and Inclusion from Human Resources. Copies of the WLUFA pamphlet will be supplied by the Association.

(c) The interview must be standardized for all candidates for a position. All candidates shall be given the same instructions, and similar settings and schedules for their presentation(s), subject to accommodation requests.

(d) A set of standard questions based on the advertised qualifications shall be prepared in advance to serve as a guide during each candidate's interview with the committee. The questions shall conform to the Ontario Human Rights Commission's interview guidelines for permissible questions.

(e) Prospective candidates, including internal candidates, shall be interviewed by the Committee, the UL, and the supervising AUL where relevant.

(f) As per 14.8.2, Appointment Committee members shall participate substantially in the interview process for all applicants, and shall make every effort to attend the full interview segments.

(g) Internal candidates who meet the qualifications under 14.6.8 shall be placed on the short-list and interviewed for the position. Non-qualified candidates must not be interviewed on a courtesy basis.

(h) The Appointment Committee shall review the Official Files of internal applicants if the internal applicants have been short-listed for interview.

14.9.16 Post-Interview Evaluation: Candidates shall be evaluated by the LAP Committee on their performance during the interview. A separate evaluation grid or other instrument shall be developed for the post-interview evaluation based on the advertised qualifications as manifested in the components of the interview. If non-Committee members attend components of the interview, standardized questions shall be developed and used to gather feedback related to the position requirements. The LAP Committee and the UL shall consult about candidate evaluation with the goal of consistency where possible

14.9.17 The LAP Temporary Chair shall forward to the supervising AUL, otherwise to the UL, a rank-ordered list of candidates recommended for appointment. The recommendation shall include a summary of the assessment made on how candidates meet the advertised requirements, including the degrees held and the record of professional and other relevant experience. The Equity Representative shall forward to the supervising AUL, otherwise the UL, an updated report summarizing how equity principles and processes were considered in the search process in accordance with the equity training under 22.5.1.

14.9.18 The supervising AUL, if applicable, shall forward their own recommendation along with the recommendation and report of the LAP Committee and the equity report to the UL. The UL shall forward their own recommendation along with the recommendations and reports of the LAP Committee and the supervising AUL, if applicable, to the Vice-President: Academic who shall make the final decision. The Vice-President: Academic shall not make any appointment of a Librarian Member including renewal or extension of an appointment without the recommendation of the LAP Committee.

14.9.19 If appropriate procedures have not been followed, or if no suitable candidate is found, the Vice-President: Academic shall direct the UL to reinstitute the search in accordance with the provisions of this Article 14.

14.10 Letter of Appointment

14.10.1 The successful candidate shall receive a letter of appointment in duplicate from the Vice-President: Academic specifying the precise terms of employment, including:

(a) campus or campuses to which the appointment is made;

(b) department or unit in which the appointment is made;

(c) rank;

(d) Reference Salary, and where applicable actual salary;

(e) type of appointment;

(f) date on which the appointment commences;

(g) credited years of service for Librarians' Academic and Professional Leave, and credited years in rank, if any, pursuant to 14.1.4;

(h) duration of probationary period, where applicable;

(i) date at which renewal and/or Continuing Appointment proceedings may commence, where applicable;

(j) pursuant to 17.9.1.3, the Member's vacation entitlement upon appointment;

(k) such other terms and conditions of the appointment as have been agreed upon by the candidate and the University provided they are not inconsistent with the terms of this Agreement;

(l) a statement that the ·ï»Ë²ÊƱƽ̨ Faculty Association is the sole and exclusive bargaining agent for full-time Librarian Members;

(m) a statement that the appointment is subject to the terms of this Agreement.

14.10.2 A copy of this Agreement shall be included with the letter of appointment, and if the offer is acceptable to the candidate, the candidate shall sign and return one copy of the letter to the Vice-President: Academic.

14.10.3 A copy of the signed letter of appointment shall be sent to the Association within 15 days of its receipt by the President or designate or by the first day of the appointment whichever is earlier.

15.1.1 Promotion in rank, from Lecturer to Assistant Professor, from Assistant Professor to Associate Professor, and from Associate Professor to Professor, is a recognition of the Member's growth and development as a teacher and scholar, and of their service to the University and the academic community.

15.1.2 Tenure signifies the right of a Member to permanency of appointment which may be terminated only through:

(a) resignation;

(b) retirement;

(c) reasons of program redundancy as provided for under Article 23 or of financial exigency as provided for under Article 24;

(d) dismissal for just cause as provided under Article 26.

15.1.3 Decisions on the granting of tenure and the awarding of promotions in rank to Members shall be made by the Board upon the recommendation of the President who, in making their recommendation, shall consider, among other things, the recommendations of:

(a) the Department (or equivalent) Appointment and Promotions Committee and,

(b) the Senate Promotion and Tenure Committee.

15.2 Progression to Promotion

15.2.1 With the exception of promotions under 15.7.3 and 15.7.7, application for promotion is initiated by the individual Member through the chair of the relevant Appointment and Promotion Committee in accordance with clause 15.4.

15.2.2 With the exception of promotions under 15.7.3 and 15.7.7, a Member shall not be considered for promotion without their consent.

15.3 Progression to Tenure

15.3.1 A Member holding a Candidacy Appointment, as defined in clause 13.4, must be considered for tenure not later than the third year of their Candidacy Appointment. When a Member has been considered for tenure, they must be notified of the decision on or before December 15 of the academic year in which they were considered.

15.3.2 In particular cases, an Appointment with Tenure may be a Member's initial appointment. In such cases, the Department (or equivalent) Appointment and Promotion Committee and the Senate Promotion and Tenure Committee shall assess the candidate's qualifications, and make a recommendation to the President prior to their recommendation to the Board.

15.3.3 A Department Appointment and Promotion Committee, or equivalent, for a Continuing Appointment Librarian, an Associate Professor, Full Professor, or Research Chair appointment, or the Search Committee for an academic administrator hire at Associate or Full Professor can recommend to the Provost and Vice-President: Academic that the candidate be hired with tenure, or continuing appointment in the case of librarians, when the candidate has tenure or continuing appointment at their current institution. The Provost and Vice-President: Academic shall submit a recommendation and forward it, along with the recommendation of the Search Committee and the candidate's curriculum vitae, to the President. The President shall review the recommendations and tenure or Continuing Appointment will be granted or denied in accordance with the applicable provisions of the Collective Agreement, including 15.1.3, 15.6, 16.1.3, and 16.6.

15.3.4 When assigning a Senior Academic Administrator or Senior Research Chair to a home department or program, the University shall consult with and obtain agreement from the Department or program.

15.3.5 The Senate Promotion and Tenure Committee shall not consider a Member's application for tenure unless they have received a Candidacy Appointment, except as provided in 15.3.2. The normal time for tenure consideration is during the third year of a Candidacy Appointment, but a Member is entitled to be considered for tenure during any year of their Candidacy Appointment. The Member who chooses to be considered for tenure prior to the final year of their Candidacy Appointment shall not be required to adduce qualifications beyond those normally considered appropriate for tenure, nor shall the Senate Promotion and Tenure Committee lower its standards to accommodate such a candidate. A Member initiates the procedure towards early tenure consideration in accordance with clause 15.4.

15.3.6 At the beginning of the academic year, the Dean shall notify a Member in the third year of a Candidacy Appointment, and the Chair of their academic sub-unit or unit, of the forthcoming tenure hearing. The notification shall advise the Member of the date by which an application shall be submitted in accordance with clause 15.4.

15.3.7 A Member holding a Candidacy Appointment may apply and be considered for tenure only once.

15.4 Procedures of Department (or equivalent) Appointment and Promotion Committee

15.4.1 The Member shall provide the chair of the appropriate Appointment and Promotion Committee with written notification of their intent to apply for tenure and promotion or for promotion from Associate Professor to Professor on or before the date specified in 15.6.6. At the same time, the Member shall forward a copy of the letter of intent to the Dean and the Vice-President: Academic.

15.4.2 Application for promotion and/or tenure shall be made in writing by the Member, and shall be sent to the chair of the appropriate Appointment and Promotion Committee on or before the date specified in clause 15.6.6. The application may be submitted electronically and shall be accompanied by a curriculum vitae, a copy of all scholarly publications listed in the curriculum vitae, a teaching dossier as described under 31.6, and such other documentation as the Member considers as evidence of fulfilment of the criteria. A Member applying for tenure does not need to file a separate application for promotion to Associate Professor. At the same time, the Member shall forward a copy of the letter of application to the Dean for information. The Member shall provide the Department (or equivalent) Appointment and Promotion Committee with sufficient information for the Committee to make an evaluation and recommendation with respect to the criteria.

15.4.3 The Chair or Dean, as appropriate, shall forward the application, supporting documentation, and a copy of the Member's Official File to the appropriate Department (or equivalent) Appointment and Promotion Committee within 5 days of receipt of an application. Applications for tenure and promotion and promotion to the rank of Professor shall include external reviews as specified in 15.4.4 and 15.4.6. Constituted in accordance with 13.12.1, the Committee shall base its recommendation upon the information and documentation provided for in clauses 15.4.2 and 15.4.3.

15.4.4 For Members in PTPs, an in-class peer review shall take place in the year prior to applying for tenure. Such review shall be conducted by the department Chair or designate. The designate shall normally be from the academic unit or sub-unit, as appropriate, in which the course is offered, or from a cognate discipline. The choice of the reviewer shall be mutually agreed to by the Chair and the Member. The evaluation shall include at least one (1) visit, and no more than 3 visits, to the
Member's classes. The scheduling of the class visit(s) shall be by mutual agreement of the Member and the Chair or designate and shall be determined by September 15 of the year prior to the Member's application for tenure. Such an evaluation shall be in writing, presented to the Member, and copied to the Dean and Member's Official file.

15.4.5 The Member shall be invited to appear before the Department (or equivalent) Appointment and Promotion Committee and to present any further evidence and/or supporting information, oral and/or written, they deem appropriate. The Department (or equivalent) Appointment and Promotion Committee shall request from the Member any further information it deems necessary or relevant to make a recommendation. The Member shall have the right to be accompanied by a representative of their choice. The Department (or equivalent) Appointment and Promotion Committee shall assess the Member's overall record of performance using the appropriate conditions and criteria pursuant to this Article. In the event any negative information is presented to the Committee, the Member shall be provided with such information in writing and shall be provided (prior to any vote being taken by the Committee) with a reasonable opportunity of responding to such negative information. A recommendation of the Department (or equivalent) Appointment and Promotion Committee shall be based only on documentation presented pursuant to this clause and clauses 15.4.2, and 15.4.3. The report of the Department (or equivalent) Appointment and Promotion Committee shall include a numerical record of the vote upon which the recommendation is based.

15.4.6 A recommendation for tenure and promotion from Assistant Professor to Associate Professor usually requires a satisfactory record and the promise of future development in one or more of the following: scholarly or professional activity and achievement, including Indigenous forms of knowledge or creative work in the performing and fine arts, and the promise of future development.

(a) Accordingly, for those hired before July 1, 2020, the Department (or equivalent) Appointment and Promotion Committee will solicit written appraisals of the candidate's scholarship or professional achievement from at least 2 external referees who are knowledgeable in the candidate's field and who are able to conduct an arms- length assessment of the candidate's work. If referees hold an academic post at another university, they shall hold the rank of Associate Professor (or equivalent) or higher. The referees shall be chosen from a list of no fewer than 5 names furnished by the candidate pursuant to the date specified in 15.6.6. Letters requesting an assessment of the candidate shall be in accordance with the model letter attached as Appendix F, including confirmation by the assessor that they can conduct an arms-length assessment.

(b) For those hired on or after July 1, 2020, the Department (or equivalent) Appointment and Promotion Committee will solicit written appraisals of the candidate's scholarship or professional achievement from at least 3 external referees who are recognized experts in the candidate’s field of scholarly activity and who are able to conduct an arms-length assessment of the candidate’s work. If referees hold an academic post at another university, they shall hold the rank of Associate Professor (or equivalent). Two of the referees shall be chosen from a list of no fewer than 5 names furnished by the candidate pursuant to the date specified in 15.6.6. The candidate shall be informed of the names of referees selected and, if they have concerns about the referee not on the candidate’s list, the candidate may add a written statement about those concerns to the application file. Letters requesting an assessment of the candidate shall be in accordance with the model letter attached as Appendix F, including confirmation by the assessor that they can conduct an arms-length assessment.

(c) Pursuant to the dates in 15.6.6, the Department Chair or equivalent shall have confirmed the availability of referees, and shall forward to each referee a copy of the candidate's curriculum vitae and other relevant material. The referee shall be requested to respond within 4 weeks. Upon receipt, the references shall be placed in the confidential portion of the Member's Official File.

(d) The provisions of 15.4.6 shall apply only to Members with an appointment date on or after July 1, 2015.

(e) The provisions of 15.4.6(a), (b) and (c) shall not apply to Members holding PTPs.

15.4.7 A recommendation for promotion from Associate Professor to Professor usually requires that a Member's scholarly or professional achievements be of sufficient significance to be recognized outside of, as well as within, the University community.

(a) Accordingly the Department (or equivalent) Appointment and Promotion Committee will solicit written appraisals of the candidate's scholarship or professional achievement, or teaching under 15.7.6 if applicable, from at least 3 external referees who are recognized experts in the candidate's field of scholarly activity and who are able to conduct an arms-length assessment of the candidate's work. If referees hold an academic post at another university, they shall hold the rank of Professor (or equivalent). Two of the referees shall be chosen from a list of no fewer than 5 names furnished by the candidate pursuant to the date specified in 15.6.6. The candidate shall be informed of the names of referees selected and, if they have concerns about the referee not on the candidate's list, the candidate may add a written statement about those concerns to the application file. Letters requesting an assessment of the candidate shall be in accordance with the model letter attached as Appendix F, including confirmation by the assessor that they can conduct an arms-length assessment.

(b) Pursuant to the dates in 15.6.6, the Department Chair or equivalent shall have confirmed the availability of referees, and shall forward to each referee a copy of the candidate's curriculum vitae and other relevant material. For those applying under teaching excellence under 15.7.6, referees will be provided with a copy of the teaching dossier in addition to the CV. The referee shall be requested to respond within 4 weeks. Upon receipt, the references shall be placed in the confidential portion of the Member's Official File.

15.4.8 The Member shall be informed of the Appointment and Promotion Committee's recommendation by the same date that the recommendation is forwarded to the Senate Committee (specified in 15.6.6), and be provided with a numerical record of the vote upon which the recommendation is based, and a written statement of reasons for that recommendation. If the recommendation is not unanimous, the statement shall include reasons supporting and opposing the recommendation. Such reasons shall relate only to the conditions and criteria for tenure and promotion. At the same time, the Committee shall forward a copy of the recommendation to the Dean for information.

15.4.9 By the date specified in clause 15.6.6, the chair of the Appointment and Promotion Committee shall forward the application and supporting documentation, the Committee's report and recommendation as per 15.4.8, and copies of all correspondence with the applicant and referees to the Vice-President: Academic, the chair of the Senate Promotion and Tenure Committee. The chair of the Senate Promotion and Tenure Committee shall distribute all such material to the Committee members within 5 working days of the date of receipt specified in 15.6.6.

15.5 Procedures of the Senate Promotion and Tenure Committee

15.5.1 The Senate Promotion and Tenure Committee is chaired by the Vice-President: Academic, and reports its recommendations on specific promotion and tenure cases to the President.

15.5.2 The Senate Promotion and Tenure Committee shall consist of 7 voting members and the Vice-President: Research and the Vice-Provost: Teaching and Learning, and an Equity Representative pursuant to 22.2.5(c) as non-voting members. The voting members are: the Vice-President: Academic, who shall chair the committee; the Dean of the Member's academic unit; and 5 tenured Faculty Members to be elected for 2-year terms by the University Faculty Council. An academic unit shall have no more than one (1) elected Faculty Member on the Committee. In addition, the University Faculty Council shall elect, on the same basis as the elected members, 5 tenured Faculty Members as alternates, to serve for the remainder of the academic year, in the event that an elected Faculty Member is unable to carry out required Committee responsibilities. No Faculty Member shall be a member of the Senate Promotion and Tenure Committee during the academic year in which they are to be considered for promotion.

When the Vice-President: Academic is unable to carry out Committee responsibilities, the President shall designate a replacement. The Dean, Faculty of Graduate Studies shall serve as an alternate when the Vice-President: Research is unable to carry out the required Committee responsibilities. An additional Dean shall serve as an alternate when the Associate Vice-President: Teaching and Learning is unable to carry out the required Committee responsibilities.

15.5.3 The chair of the Member's Appointment and Promotion Committee shall be present for the Senate Promotion and Tenure Committee's discussion and shall provide any further information the Committee deems necessary to make a recommendation.

15.5.4 The Senate Promotion and Tenure Committee shall request from the Member any further information it deems necessary to make a recommendation. The Member shall be invited to appear before the Committee or, if the Member prefers, they shall be allowed to make written submissions to the Committee for the purpose of presenting any further information, oral and/or written, they deem appropriate. In the event any negative information is presented to the Committee, the Member shall be provided with such information in writing and shall be provided (prior to any vote being taken by the Committee) with a reasonable opportunity of responding to such negative information. In appearing before the Committee, the Member shall have the right to be accompanied by a representative of their choice.

15.5.5 The Senate Promotion and Tenure Committee's recommendation shall be based only on documentation presented and the evidence heard, and on the recommendation of the Department (or equivalent) Appointment and Promotion Committee. The Senate Promotion and Tenure Committee's recommendation shall include a numerical record of the vote upon which the recommendation is based.

15.5.6 The Senate Promotion and Tenure Committee shall keep an Official Record of minutes. At the conclusion of a Committee's deliberations, the minutes shall be placed in a file in the Vice-President: Academic's office. Included in the minutes shall be records of all Senate Promotion and Tenure Committee's recommendations and the reasons for them, as well as a numerical record of all votes

15.5.7 Voting:

(a) 8 members, of which at least 6 must be voting members, constitute a quorum; the Equity Representative, Vice-President: Academic, and Dean are to be proesent for there to be quorum. All voting members present shall vote on any application.

(b) All voters shall vote yea or nay.

(c) A secret ballot shall be used.

(d) The motion shall be framed in the affirmative: That the candidate be granted promotion or tenure.

(e) The Committee's recommendation shall be determined by a simple majority and failure to obtain a majority on the motion results in the defeat of the motion and a negative recommendation shall go forward.

(f) The ballots shall be the official record of the vote and shall not be destroyed until a final decision is made on the Member's application for promotion or tenure.

15.5.8 In accordance with Article 9.4(d), Senate Promotion and Tenure Committee Members shall not participate in or vote at more than one stage in the consideration of any application by a Member; the consideration of an application by a unit or sub-unit constitutes the first stage of an application.

15.6 Action Subsequent to Voting

15.6.1 By the date specified in clause, 15.6.6, the Member, the Member's Dean, and Chair shall be informed of the Senate Promotion and Tenure Committee's recommendation, including a numerical record of the vote upon which the recommendation is based, and a written statement of reasons for that recommendation. If the recommendation is not unanimous, the statement shall include reasons supporting and opposing the recommendation. Such reasons shall relate only to the conditions and criteria for tenure and promotion.

15.6.2 By the date specified in clause 15.6.6, the Vice-President: Academic shall forward a report to the President and this report shall include the application for promotion and/or tenure, as appropriate, together with documentation presented, the Department (or equivalent) Appointment and Promotion Committee's recommendation as described in 15.4.5, and the Senate Promotion and Tenure Committee's recommendation as described in 15.6.1. If either or both of these recommendations are not unanimous, the material forwarded to the President shall include the statement(s) of the reasons supporting and opposing the recommendation.

15.6.3

(a) The President, after preparing and submitting their recommendation to the Board, shall forward a copy to the Member together with reasons for the recommendation.

(b) The President shall submit his/her recommendation to the Board at the first reasonable opportunity following receipt of the recommendation of the Senate Promotion and Tenure Committee.

(c) The recommendation of the President or their failure to make a recommendation to the Board under this clause 15.6.3, shall be subject to the grievance and arbitration procedures set forth in Article 27 of this Agreement.

15.6.4 Within 5 working days of the Board's decision, or at the latest by the date specified in clause 15.6.6, the President or their designate shall give the Member formal notice of the granting or denial of promotion and/or tenure. Tenure appointments and promotions for Members shall be effective July 1 following the Board's decision, except as provided under the provisions of 15.7.3.

15.6.5 If the Board denies tenure, the employment of the Member by the University shall terminate at the end of the Member's Candidacy Appointment.

15.6.6 With the exception of alternative dates established by the mutual consent of the applicant and the University, the final dates for application and for each step of the assessment process for promotion and tenure, including the final recommendations of each assessment level pursuant to the preceding clauses of this Article, shall be as set out in the table below:

*Refers to promotion for Lecturer to Assistant and from Assistant to Associate Professor.

15.7 Criteria for Tenure and Promotion

15.7.1 With the exception of automatic promotion to Assistant Professor provided for in clause 15.7.3, candidates for tenure and promotion shall be assessed in each of the following 3 categories:

1. Teaching

2. Scholarship

3. Academic, Professional and University Community Service

15.7.2 The varied nature of the academic and professional disciplines within the University requires flexibility in the nature, assessment and weighting of the criteria for tenure and promotion. Boundaries between categories are not always clear-cut, and the following descriptions of categories are intended only as guidelines for the assessment of Members. Such considerations in the assessment of candidates include the principle of equity in tenure and promotion as set out in 22.3.4. Requirements for tenure and/or promotion of a Member who has taken a leave under the provisions of 32.1, 32.3, or 32.5, or extended an appointment under the provisions of 32.6.3, are the same as for a Member who has not done so.

For the purposes of guiding their Department Appointment and Promotion Committees and the Senate Promotion and Tenure Committee, each sub-unit, and Area in the Department of Business, shall develop Tenure and Promotion to Associate Professor Guidelines. These guidelines shall be formulated in accordance with Appendix K.

(a) Teaching: A requirement for tenure or for promotion to any rank is demonstrated competence and responsibility in teaching and a commitment to the facilitation of student learning including contributions to the development of curriculum and programs of study within a Member's academic unit or sub-unit. Indigenous forms of teaching shall be recognized, where applicable. Teaching performance which is superior to the necessary requirement counts additionally in the candidate's favour.

(b) Scholarship: A requirement for tenure or for promotion to any rank is evidence of scholarly activity and achievement, or creative work in the performing and fine arts, and recognition of one's work by academic peers. Evidence of scholarship or its equivalent includes:

(i) a commitment to continuing growth in the Member's academic discipline, and to intellectual and/or artistic pursuits generally, receipt of research and publication grants and academic research activity which has resulted in the presentation or publication of findings in a credible academic forum.

(ii) imaginative and innovative contributions in the performing and creative arts such as commissioned works, publication of artistic and literary works and musical compositions, presentations, performances and shows presented in a credible artistic forum.

(iii) publications and/or presentations in a credible professional forum including the publication and/or airing of research-dependent works of Journalism in a credible journalistic forum;

(iv) scholarship in teaching, including research, publications and academic presentations or workshops on teaching within universities and/or scholarly disciplines;

(v) publications, including textbooks and case studies, which may not result from original research but which constitute valuable or creditable additions to the discipline.

(vi) scholarly activity derived from the Member's expertise and recognition by one's peers including: book reviews, principal editorship of a journal, the refereeing of manuscripts and proposals for publishers, periodicals, and research agencies, and service as external examiners on graduate theses.

(vii) community-engaged scholarship and public dissemination of scholarly work through engagement with government or community organizations;

(viii) Indigenous forms of scholarship, including research, promotion and preservation of knowledge consistent with Indigenous traditional methods and protocols for researching and disseminating knowledge.

(c) Academic, Professional and University Community Service: A consideration for tenure or promotion to any rank is evidence of active participation in the corporate life of the University community. Such contributions include service on University and Association committees, assistance and leadership in departmental administration, and contributions to the intellectual and cultural life of the campus. In addition, academic and professional service includes: contributions to professional or learned societies through service on the government or other commissions in a professional capacity, consulting work which involves more than the routine application of the existing body of knowledge, and contributions in a professional capacity to the community-at-large and to cultural, community and service organizations.

15.7.3 If a Member is appointed at the rank of Lecturer and is working to complete the requirements for a terminal degree at an academic institution approved by the University, the Member will automatically be promoted to the rank of Assistant Professor upon successful completion of these requirements and receipt by the Vice- President: Academic of official notice directly from the institution on the institution's letterhead or under seal that said degree has been or will be conferred, and will receive a Promotion Increment in accordance with 30.5.

15.7.4 With the exception of 15.7.5 below, tenure shall be granted when there is consistent evidence of satisfactory academic performance, demonstrated professional growth, in accordance with the relevant Tenure and Promotion to Associate Professor Guidelines and the promise of future development. The criteria for tenure are:

(a) a satisfactory record as a teacher;

(b) a satisfactory record of scholarly activity and achievement, including Indigenous forms of knowledge, or creative work in the performing and fine arts, to be normally demonstrated by presentation or publication in a credible academic, artistic or professional forum;

(c) a satisfactory record of academic, professional and university community service as outlined in 15.7.2 (c). A demonstrated record of excellence in teaching may be used to lessen the usual standards required in scholarly or creative work. In the same way, an exceptional record of scholarly or creative work may be used to lessen the standards usually applied under criteria (a) and (c).

15.7.5 For a Member with a PTP under 13.2, tenure shall be granted when there is consistent evidence of satisfactory academic performance, demonstrated professional growth, in accordance with the relevant Tenure and Promotion to Associate Professor Guidelines, and the promise of future development. The criteria for tenure are:

(a) a satisfactory record as a teacher as outlined in 15.7.2 (a), including, but not limited to, the in-class peer review evaluations as per articles 13.3.2 and 15.4.4;

(b) a satisfactory record of academic, professional and university community service.

(c) a satisfactory record of scholarly activity and achievement, or creative work in the performing and fine arts, or a satisfactory record of scholarly activity and achievement combined with professional activity, as listed under 15.7.2(b), and with appropriate weighting of activities under 15.7.2 (b)(iii), 15.7.2(b)(iv), 15.7.2(b)(v), 15.7.2(b)(vi), 15.7.2(b)(vii) and 15.7.2(b)(viii). Professional activity includes the creation of policy, cases or professional reports.

Without minimizing the importance of (b) and (c) above, principal duties for Members with a PTP shall be those noted in (a) above. Any assessment of the scholarly activity of a Member with a PTP shall recognize the Member's additional teaching beyond the teaching load norms and variations prescribed under 18.2.1 for Members not holding a PTP. A demonstrated record of excellence in teaching, or teaching and service, may be used to lessen the standards required in scholarly and/or professional activity.

15.7.6 Members with a PTP under 13.2 shall also be eligible for promotion to Professor based on sustained excellence in teaching, together with a satisfactory record of scholarly or creative work. Sustained excellence in teaching may include evidence of outstanding teaching, demonstrated innovation resulting in a positive impact on student learning, sustained contributions to curriculum development, course design, student mentoring, or other initiatives that advance the University’s teaching and learning mandate; and leadership for major educational initiatives in or beyond the university. Any assessment of the scholarly activity of a Member with a PTP shall recognize the Member’s additional teaching beyond the teaching load norms and variations prescribed under 18.2.1 for Members not holding a PTP.

15.7.7 A Member holding the rank of Lecturer may apply for promotion to the rank of Assistant Professor, and shall be eligible for promotion upon the demonstration of a satisfactory record of scholarly, professional or creative work in lieu of an earned doctorate or equivalent professional qualification.

15.7.8 The criteria for promotion to Associate Professor are the same as those for granting tenure. Consequently, when a Member holding the rank of Assistant Professor is granted tenure, the individual shall be promoted to the rank of Associate Professor. However, promotion to the rank of Associate Professor does not result in the granting of tenure.

15.7.9 Members without tenure shall have completed at least 4 years of service at the rank of Assistant Professor before being eligible for promotion to the rank of Associate Professor. Candidates for the rank of Professor shall have completed at least 5 years at the rank of Associate Professor before being eligible for promotion to the rank of Professor. Previous service, and rank attained, at other universities shall be given due consideration when an individual applies for tenure or promotion at the University.

15.7.10 A recommendation for promotion from Associate Professor to Professor usually requires that a Member's scholarly or creative achievements be of sufficient significance to be recognized outside of, as well as within, the University community, but notwithstanding the provisions above, sustained excellence in teaching and/or academic service, together with a satisfactory record of scholarly or creative work, shall make a Member eligible for promotion to Professor.

16.1 General

16.1.1 Promotion in rank from Librarian I to Librarian II, Librarian II to Librarian III or Librarian III to Librarian IV is a recognition of a Member's professional and academic growth and development, and of service to the University, the academic community, and the library profession.

16.1.2 Continuing Appointment signifies the right of a Librarian Member to continuous and permanent appointment as specified in 14.4.1. A Continuing Appointment entitles the Librarian Member to fair consideration for increases of responsibility and salary, and for promotions in rank.

16.1.3 Decisions on the granting of Continuing Appointments and the awarding of promotions in rank to Members shall be made by the University, and shall be based on the recommendations of:

(a) the LAP Committee as defined in clause 14.8; and

(b) the ULCAP Committee as defined in clause 16.2; and

(c) the President.

16.2 The University Librarians' Continuing Appointment and Promotion Committee:

16.2.1 The ULCAP Committee is chaired by the Vice-President: Academic, and reports its recommendations on specific Continuing Appointment and promotion cases through the President to the Board of Governors.

16.2.2 The ULCAP Committee shall be elected annually by the University Faculty Council, and it shall serve for the period commencing July 1, and shall have the following composition:

(a) the Vice-President: Academic who shall be chair;

(b) the UL;

(c) one (1) AUL;

(d) 2 tenured Faculty Members elected by the University Faculty Council;

(e) subject to 14.8.1 (d) and (e), 4 Librarian Members holding Continuing Appointments elected by the University Faculty Council;

(f) alternative members to substitute for the particular case where a member of the Committee is unable to carry out required Committee responsibilities, or has a declared conflict of interest, shall be selected as follows:

(i) for faculty positions on the Committee, one tenured Faculty Member elected by the University Faculty Council;

(ii) for librarian positions on the Committee, one Librarian Member holding a Continuing Appointment elected by the University Faculty Council.

16.2.3 The ULCAP Committee shall assess and recommend applicants for Continuing Appointments, and candidates for promotion in rank. The Committee's procedures shall be in accordance with the provisions of this Agreement, and shall include but not be limited to the provisions of 16.5. In matters not set out in this Agreement, the Committee shall determine its own procedures, and a copy of these procedures shall be sent to the Association by October 15.

16.3 Progression to Promotion

16.3.1 With the exception of 16.3.3, application for promotion in rank is initiated by the individual Member through the UL in accordance with 16.5. The UL may advise individual Members to apply for promotion.

16.3.2 With the exception of 16.3.3, a Member shall not be considered for promotion without their consent.

16.3.3 When a Member holding the rank of Librarian I is granted a Candidacy Appointment, they shall be promoted to the rank of Librarian II.

16.3.4 Librarian Members holding the rank of Librarian I shall be eligible for promotion to the rank of Librarian II after having not less than 3 years of service as a professional librarian.

16.3.5 Librarian Members holding the rank of Librarian II shall be eligible for promotion to the rank of Librarian III after having not less than 4 years of service in the rank of Librarian II including credit for years in rank under 14.1.4, with at least 2 years of service with the University.

16.3.6 Librarian Members holding the rank of Librarian III shall be eligible for promotion to the rank of Librarian IV after having not less than 6 years of service in the rank of Librarian III including credit for years in rank under 14.1.4, with at least 2 years of service with the University.

16.4 Progression to Continuing Appointment

16.4.1 A Member holding a Candidacy Appointment, as defined in clause 14.3, must be considered for a Continuing Appointment not later than the third year of their Candidacy Appointment. A Member shall be notified by the President whether or not they have been granted a Continuing Appointment no later than December 15 of the academic year in which they were considered.

16.4.2 In particular cases, pursuant to 14.4.2, an initial appointment may be a Continuing Appointment. In such a case pursuant to 16.1.3, the LAP Committee and the University Librarians' Continuing Appointment and Promotion Committee shall assess the candidate's qualifications, and shall make a recommendation to the President prior to their recommendation to the Board.

16.4.3 The University Librarians' Continuing Appointment and Promotion Committee shall not consider a Member's application for a Continuing Appointment unless they have received a Candidacy appointment, except as provided in 16.4.2. The normal time for consideration for a Continuing Appointment is during the third year of a Candidacy appointment, but a Member is entitled to be considered for a Continuing Appointment during any year of their Candidacy Appointment. The Member who chooses to be considered for a Continuing Appointment prior to the final year of their Candidacy Appointment shall not be required to adduce qualifications beyond those normally considered appropriate for a Continuing appointment, nor shall the ULCAP Committee lower its standards to accommodate such a candidate. A Member initiates the procedure towards early consideration for a Continuing Appointment in accordance with 16.5.2.

16.4.4 A Member holding a Candidacy Appointment may apply and be considered for a Continuing Appointment only once.

16.5 Procedures for Continuing Appointment and Promotion for Librarians

16.5.1 The Librarian Member shall provide the chair of the appropriate Appointment and Promotion Committee with written notification of their intention to apply for continuing appointment and promotion to Librarian II or III, or Promotion to Librarian IV on or before the date specified in 16.6.9. At the same time, the Member shall forward a copy of the letter of intent to the UL and the Provost and Vice-President: Academic.

16.5.2 Applications for Continuing Appointment and promotion shall be made in writing by the Member, and sent to the Temporary Chair of the LAP Committee on or before the date specified in 16.6.9. At the same time, the Member shall forward a copy of the letter of application to the supervising AUL, if applicable, and the UL for information. The application may be submitted electronically and shall be accompanied by a curriculum vitae, and such other documentation as the Member considers as evidence of fulfilment of the criteria specified in 16.7. The Member shall provide sufficient information for an evaluation to be made with respect to the criteria specified in 16.7. Within 10 working days of receipt of the application for Continuing Appointment or promotion, the Temporary Chair shall forward to the LAP Committee the application, supporting documentation, and a copy of the Member's Official File.

16.5.3 The LAP Committee shall meet promptly, in light of the time limits set out in 16.6.9, to consider all applications for Continuing Appointment and/or promotion.

16.5.4 For the assessment of each application for Continuing Appointment or promotion to the rank of Librarian III or Librarian IV, the LAP Committee shall select an external member who shall be a voting member of the Committee. This external member shall be a qualified professional librarian, not in the employ of the University. The external member shall be informed in writing of the criteria for a Continuing appointment or promotion, as appropriate, and provided with a copy of the Collective Agreement.

16.5.5 A recommendation for promotion from Librarian III to Librarian IV usually requires that a Member's scholarly and/or professional achievements be of sufficient significance to be recognized outside of, as well as within, the University.

(a) Accordingly, the LAP Committee shall solicit written appraisals of the candidate's scholarly and/or professional achievements from 3 external referees who shall be professional librarians holding the rank of Librarian IV (or equivalent) and who are able to conduct an arms-length assessment of the candidate's work. Two referees shall be chosen from a list furnished by the candidate at the time of application for promotion to Librarian IV. The candidate shall be informed of the names of referees selected, and if they have concerns about the referee not on the candidate's list, the candidate may add a written statement about those concerns to the application file. Letters requesting an assessment of the candidate shall be in accordance with the model letter attached as Appendix F, including confirmation by the assessor that they can conduct an arms-length assessment.

(b) By November 15, the LAP Committee Chair shall have confirmed the availability of the referees, and shall forward to each referee a copy of the candidate's curriculum vitae and other relevant material. The referee shall be requested to respond within 4 weeks. Upon receipt, the references shall be placed in the confidential portion of the Member's Official File and a copy provided to the LAP Committee as part of the supporting documentation to be considered.

16.5.6 The Member shall be invited to appear before the LAP Committee and to present any further evidence and/or supporting information, oral and/or written, they deem appropriate. The LAP Committee shall request from the Member any further information it deems necessary or relevant to make a recommendation. The Member shall have the right to be accompanied by a representative of their choice. The LAP Committee shall assess the Member's overall record of performance using the appropriate conditions and criteria pursuant to this Article. In the event any negative information is presented to the Committee, the Member shall be provided with such information in writing and shall be provided, prior to any vote being taken by the Committee, with a reasonable opportunity of responding to such negative information. A recommendation of the LAP Committee shall be based only on documentation presented pursuant to this clause and clause 16.5.2. The report of the LAP Committee shall include a numerical record of the vote upon which the recommendation is based.

16.5.7 No later than the dates specified in 16.6.9, the chair of the LAP Committee shall inform the Member of the Committee's recommendation, including a numerical record of the vote upon which the recommendation is based, and a written statement of reasons for that recommendation. If the recommendation is not unanimous, the statement shall include reasons supporting and opposing the recommendation. Such reasons shall relate only to the conditions and criteria for Continuing Appointment and promotion listed in 16.7. At the same time, the chair shall forward a copy of the recommendation to the supervising AUL and the UL for information.

16.5.8 By the date specified in 16.6.9, the chair of the LAP Committee shall forward the application and supporting documentation, together with the LAP Committee's recommendation, as per 16.5.6 and 16.5.7, to the Vice-President: Academic, the chair of the ULCAP Committee.

16.5.9 Within 5 working days of receipt as specified in 16.6.9, the Vice-President: Academic shall forward to members of the ULCAP Committee the recommendation of the LAP Committee, and shall make available to committee members the supporting documentation under 16.5.2 and 16.5.8, and a copy of the Member's Official File. The Committee shall meet to consider all applications for Continuing Appointment and/or promotion. No Member shall be a member of the ULCAP Committee during the academic year in which they are to be considered for promotion.

16.6 Procedures of University Librarian Continuing Appointment and Promotion Committee

16.6.1 The Chair of the LAP Committee shall be present for the ULCAP Committee's discussion and shall provide any further information the Committee deems necessary to make a recommendation.

16.6.2 The ULCAP Committee shall keep an Official Record of minutes. At the conclusion of the Committee's deliberations, the minutes shall then be placed in a file in the Vice- President: Academic's office. Included in the minutes shall be records of all ULCAP Committee recommendations and the reasons for them, as well as a numerical record of all votes.

16.6.3 The Member being considered for Continuing Appointment or promotion shall be invited to appear before the ULCAP Committee and to present any further evidence and/or supporting information, oral and/or written, they deem appropriate. The ULCAP Committee may request from the Member any further information it deems necessary to make a recommendation. The Member shall have the right to be accompanied by a representative of their choice. The ULCAP Committee shall assess the applicant's overall record of performance based only upon the conditions and criteria pursuant to 16.7. In the event any negative information is presented to the Committee, the Member shall be provided with such information in writing and shall be provided, prior to any vote being taken by the Committee, with a reasonable opportunity of responding to such negative information. A recommendation of the ULCAP Committee shall be based only on documentation pursuant to this clause and clause 16.5.2. The ULCAP Committee's recommendation shall include a numerical record of the vote upon which the recommendation is based.

16.6.4 Voting:

(a) Eight (8) members constitute a quorum and all 8 members shall vote on any one application.

(b) All 8 voters shall vote yea or nay.

(c) A secret ballot shall be used.

(d) The motion shall be framed in the affirmative: That the candidate be granted promotion and/or Continuing Appointment.

(e) The Committee's recommendation shall be determined by a simple majority and failure to obtain a majority on the motion results in the defeat of the motion and a negative recommendation shall go forward.

(f) The ballots shall be the official record of the vote and shall not be destroyed until a final decision is made on the Member's application for promotion or Continuing Appointment.

16.6.5 By the date specified in 16.6.9, the Member shall be informed of the ULCAP Committee's recommendation, including a numerical record of the vote upon which the recommendation is based, and a written statement of reasons for that recommendation. If the recommendation is not unanimous, the statement shall include reasons supporting and opposing the recommendation. Such reasons shall relate only to the conditions and criteria for Continuing Appointment and promotion listed in 16.7.

16.6.6 By the date specified in 16.6.9, the Vice-President: Academic shall forward to the President the application for Continuing Appointment and/or promotion and supporting documentation, together with the LAP Committee's recommendation, as described in 16.5.7, and the ULCAP Committee's recommendation, as described in
16.6.5. If either or both of these recommendations are not unanimous, the material forwarded to the President shall include the statement(s) of the reasons supporting and opposing the recommendation.

16.6.7

(a) The President shall submit their recommendation, together with written reasons related only to the conditions and criteria specified in 16.7, to the Board with a copy to the Member. The President shall also inform the Board of the recommendations received from the LAP Committee and from the ULCAP Committee.

(b) The President shall submit their recommendation to the Board at the first reasonable opportunity following receipt of the recommendation of the ULCAP Committee.

(c) The recommendation of the President or their failure to make a recommendation to the Board under this clause 16.6.7 shall be subject to the grievance and arbitration procedures set forth in Article 27 of this Agreement.

16.6.8 Within 5 working days of the Board's decision or, at the latest, by the date specified in 16.6.9, the President or his/her designate shall give the Librarian Member formal notice of the granting or denial of promotion or Continuing Appointment.

16.6.9 With the exception of alternative dates established by the mutual consent of the applicant and the University, the final dates for application and for each step of the assessment process for promotion and continuing appointment, including the final recommendations of each assessment level pursuant to the preceding clauses of this Article, shall be as set out in the table below:

16.6.10

(a) If the Board decides to deny a Continuing Appointment, the Member may be given notice of termination of employment in the form of a Limited Term Appointment for a period of from 3 months up to one (1) year.

(b) As an alternative to (a) above, the University may offer, or the Member may request severance pay in lieu of notice.

(c) The time served by the Member as an employee between the date of notification of a denial of a Continuing Appointment under 16.6.8 and the termination date of the Member's Candidacy Appointment shall count towards termination notice.

16.7 Criteria for Continuing Appointment and Promotion

16.7.1 Criteria for Continuing Appointment and promotion shall be applied as nearly as possible in a consistent and uniform manner in accordance with the appointment and with the rank. Candidates for Continuing Appointment shall be assessed according to the criteria for a Continuing Appointment pursuant to 16.7.2; candidates for promotion to Librarian II shall be assessed according to the criteria for Librarian II, pursuant to 16.7.3; for Librarian III according to the criteria for Librarian III, pursuant to 16.6.4; and Librarian IV according to the criteria for Librarian IV, pursuant to 16.7.5. Requirements for Continuing Appointment and/or promotion of a Member who has taken a leave under the provisions of 32.1, 32.3, or 32.5, or extended an appointment under the provisions of 32.6.3, are the same as for a Member who has not done so.

16.7.2 Continuing Appointment shall be granted if there has been evidence of consistent and satisfactory performance of the appropriate duties and responsibilities, as described in 19.1.1 and 19.1.2, during the probationary period, and demonstrated professional growth and potential.

16.7.3 A Member holding the rank of Librarian I shall be promoted to the rank of Librarian II when they have:

(a) completed 3 years of full-time service as a professional librarian pursuant to 16.3.4; and

(b) met the criteria for satisfactory performance of their responsibilities as described in 19.1.1 and 19.1.2.

16.7.4 A Member holding the rank of Librarian II shall be promoted to the rank of Librarian III when they have:

(a) completed 4 years of full-time service in rank II pursuant to 16.3.5; and

(b) demonstrated a continuing effective performance of the responsibilities specified in 19.1.2, and shown satisfactory performance in academic and community service within the University as described in 19.1.3, and/or in scholarly and/or professional activity, as described in 19.1.4.

16.7.5 A Member holding the rank of Librarian III shall be promoted to the rank of Librarian IV when they have:

(a) completed 6 years of full-time service in rank III pursuant to 16.3.6; and

(b) demonstrated initiative and leadership in the performance of responsibilities specified in 19.1.2, and in academic and community service within the University specified in 19.1.3; and

(c) demonstrated at this rank continuous scholarly and/or professional development specified in 19.1.4, with evidence of achievements of sufficient significance to be recognized outside of as well as within the ·ï»Ë²ÊƱƽ̨ community.

17.1 Sabbatical Leave

17.1.1 Sabbatical Leaves are to serve the objects and goals of the University by providing tenured Faculty Members with a regular opportunity to maintain and enhance their academic and professional competence free from normal on-campus teaching/professional and service obligations. Sabbatical Leaves are intended to promote scholarly and professional activity by Faculty Members through sustained periods of concentrated study, contemplation, and creative work, and through the extension of the range of contacts of Faculty Members to other people, places, experiences, and ideas.

17.1.2 Faculty Members are entitled to apply for Sabbatical Leaves, and are eligible to be on Sabbatical Leave after the following periods of service. A Faculty Member first becomes eligible for a twelve-month or a six-month Sabbatical Leave after 6 years of full-time credited academic service at the University, including credited years of service upon appointment. Thereafter, a Faculty Member becomes eligible for a twelve-month Sabbatical Leave after the completion of each additional 6 years of full-time credited academic service at the University since the end of the last Sabbatical Leave, or a six-month Sabbatical Leave after the completion of each additional 3 years of full-time credited academic service at the University since the end of the last Sabbatical Leave. Exceptions to the tenure requirement and to the service credit under 17.1.3 (b) may be made by the Vice-President: Academic after consultation with the Dean and Chair. The scheduling of leaves shall be subject to arrangements being made to cover the Faculty Member's absence that are satisfactory to the Department/Faculty and the Dean. Any deferral of a Sabbatical Leave shall be subject to 17.1.4 and 17.1.10.

17.1.3 For the purposes of Sabbatical Leaves and pursuant to 17.1.2, full-time credited academic service means:

(a) the Member's time of employment in a Provisional, Candidacy or Tenured Appointment at the University as a Faculty Member, or as an employee identified in 3.1.2(a), unless a leave is negotiated as part of administrative service;

(b) the Member's time of employment in Limited Term Appointments at the University, post-terminal degree or equivalent qualification satisfactory to the University, to a maximum of 2 years;

(c) such other credit as may be negotiated by the Member at the time of appointment to the first of a Provisional, Candidacy or Tenured Appointment to the University, and stated in the Member's letter of appointment;

(d) credit for service as Department Chair or Program Coordinator, pursuant to 21.4.3.1.

17.1.4 A Member retains any credited academic service time under 17.1.3 in excess of the requirements under 17.1.2, and may apply it to the service period required for a subsequent Sabbatical Leave. The scheduling of leaves shall be in accordance with 17.1.2.

17.1.5 In application for Sabbatical Leave, Faculty Members shall present a proposal that identifies the scholarly or creative purposes and activities of the leave being proposed, its potential benefit to the Faculty Member and to the University, and the most likely outcome of the proposed activities. The application shall be presented to the Chair of the department or academic sub-unit, and to the Dean of the Member's Faculty. The Chair shall provide the Dean with a letter of appraisal of the proposed program of scholarly or creative activity. The application shall be made no later than October 1 for a leave commencing July 1, and no later than January 15 for a leave commencing January 1 of the following year.

17.1.6 The application shall be in writing and shall include:

(a) the proposed starting date and length of the proposed Sabbatical Leave;

(b) the number of sabbatical credits accrued and required for the proposed leave under 17.1.2;

(c) a copy of the applicant's most recent sabbatical report, if applicable;

(d) a statement of scholarly and/or professional achievements since the previous sabbatical, or since joining the University, and any preparations made for the proposed scholarly or creative project;

(e) written documentation indicating that a sincere attempt has been made to obtain evidence that the applicant will be able to visit or work at any institution outside the University where she/he proposes to visit or work;

(f) where applicable, plans to receive outside assistance or to take paid employment elsewhere under 17.2.2;

(g) a statement of the purposes of the proposed leave and the scholarly, creative or professional activities to be undertaken during the leave which should have a clear focus and be attainable within the sabbatical period and its potential benefit to the Faculty Member and to the University, and the location of the proposed project or projects;

(h) a curriculum vitae;

(i) any other information the Faculty Member wishes to provide.

17.1.7 Upon review of the sabbatical application and the letter of appraisal from the Chair, or equivalent, and following consultation with the Chair, or equivalent, should the Dean decide to recommend that a Sabbatical Leave be denied, they shall write to the Faculty Member, with a copy to the Association, giving reasons for this recommendation. The Dean shall give the Faculty Member an opportunity to respond in writing and/or in person, and the Faculty Member shall have the right to be accompanied by a Member of their choice. The Dean transmits their recommendation to the Vice-President: Academic for action. In all cases, the Dean shall make their recommendation to the Vice-President: Academic by November 1 for a leave commencing July 1, and by February 15 for a leave commencing January 1.

17.1.8 In arriving at a decision to recommend to the Vice-President: Academic to grant, defer, or to deny a Sabbatical Leave, the Dean shall consider:

(a) the application;

(b) the reports and recommendations from the Chair; and the Member’s Official File, including the report filed after the previous Sabbatical Leave under 17.2.11, if applicable, and the Member’s Annual Reports of Activities since their last Sabbatical Leave;

(c) the merits of the proposed Sabbatical Leave project as it relates to the objectives set out in 17.1.1 and its value to the professional development of the Faculty Member and the benefit to the University.

17.1.9 In arriving at a decision to grant, to defer, or to deny a Sabbatical Leave, the Vice-President: Academic shall base their decision on:

(a) the application;

(b) the reports and recommendations from the Chair and the Dean; and the Member’s Official File, including the report filed after the previous sabbatical leave under 17.2.11, if applicable, and the Member’s Annual Reports of Activities since their last Sabbatical Leave;

(c) the merits of the proposed Sabbatical Leave project as it relates to the objectives set out in 17.1.1 and its value to the professional development of the Faculty Member and the benefit to the University.

17.1.10 The Faculty Member shall be notified of the granting, denial or deferral of a Sabbatical Leave by December 15 for a leave commencing July 1, and by April 1 for a leave commencing January 1. Should the Vice-President: Academic decide to deny or defer the Sabbatical Leave, the notification to the Faculty Member, with a copy to the Association, shall include reasons for the decision.

17.1.11 The Vice-President: Academic may defer a Faculty Member's Sabbatical Leave. When the Vice-President: Academic decides that the leave be deferred, such deferral may not exceed one (1) year. Where the Sabbatical Leave is deferred, the period of deferral shall be credited towards the Faculty Member's required time for service for their next application for Sabbatical Leave under 17.1.2.

17.1.12 The teaching load of a Member who will be taking a six-month Sabbatical Leave during the academic year shall be one-half the normal teaching load of the academic sub-unit or equivalent; when the normal teaching load is 5 one-term courses, such a Member's teaching load shall be 3 one-term courses.

17.1.13 A successful applicant for Sabbatical Leave shall obtain written approval from the Dean for any substantial change in the proposed scholarly activity set out in the application for Sabbatical Leave submitted in accordance with clause 17.1.6.

17.2 Sabbatical Leave: Salary and Benefits

17.2.1 Salaries for Members on Sabbatical Leave:

(a) a Faculty Member with a tenure-track appointment, and who has not had a twelve-month Sabbatical Leave in previous employment at a university, shall receive 100% of their Reference Salary for a twelve-month Sabbatical Leave after an initial 6 years of full-time credited years of service;

(b) any Member eligible for a twelve-month Sabbatical Leave under (a) may elect to take an initial sabbatical of 6 months, at 100% of their Reference Salary; a Member who elects to take a first Sabbatical of 6 months shall be eligible for a subsequent six-month leave at 100% of their Reference Salary, or after 3 additional years of credited service, a twelve-month leave in which they receive 100% of their Reference Salary for the first six months, and 85% for the remainder;

(c) a Faculty Member who does not come under the terms of (a) above shall receive 85% of their Reference Salary for a twelve-month Sabbatical Leave or a six- month leave after 3 years of service, or 100% of their Reference Salary for a six- month leave after each additional 6 years of full-time credited service.

17.2.2

(a) A Faculty Member may receive grants or scholarships, and may engage in outside professional activities in accordance with Article 18.6.

(b) If a Faculty Member accepts additional employment (excluding that governed by clause 17.2.2 (a) for which they will receive remuneration, and if the sum of such remuneration plus the salary while on Sabbatical Leave, less verifiable travel, living, relocation and research costs, exceeds their Reference Salary, then the Sabbatical Leave salary while on leave shall be reduced to maintain the Faculty Member's full-time Reference Salary for the period of the Sabbatical Leave.

17.2.3 While on Sabbatical Leave, a Faculty Member and the University shall pay any applicable premiums under Article 28: Benefits and pension contributions under Article 29: Pensions on the basis of the Member's Reference Salary.

17.2.4 Upon returning from a Sabbatical Leave, the Faculty Member shall receive a Reference Salary which includes all applicable salary adjustments that would have applied had the individual not taken a Sabbatical Leave.

17.2.5 The foregoing salary provisions shall not be affected by amounts which Faculty Members may receive in the form of grants to cover the expense of research and administrative assistance, travel, publication and other research related expenses. To assist in Sabbatical Leave projects, Faculty Members may apply for research grants from the University.

17.2.6 Once a Sabbatical Leave has been granted, it is expected that the Faculty Member will take the leave unless unforeseen personal hardship will ensue or unless the proposed activity must be cancelled or delayed due to circumstances beyond the control of the Faculty Member. A request to cancel or delay a Sabbatical Leave by a Faculty Member shall be made in writing to the Dean of the Member's Faculty and copied to the Chair of the department or academic sub-unit and the Vice-President: Academic. All requests to cancel or delay a Sabbatical Leave shall be made by the Faculty Member as soon as reasonably possible. Such requests shall not be unreasonably denied.

17.2.7 Where office space permits, a Faculty Member may retain their assigned office for the period of a Sabbatical Leave, unless the said leave takes the Faculty Member away from the University. If a department or academic unit does not have sufficient office space to permit a Member to retain their assigned office for the period of the Sabbatical Leave, a request for the Member to vacate their office will be made in writing by the Dean or their designate to the Member. This request shall be made no later than May 1 for a leave commencing July 1, and no later than November 1 for a leave commencing January 1. The Member shall be issued with a T2200 tax form for the calendar years of the Sabbatical Leave. Upon return from a Sabbatical Leave, a Faculty Member shall be assigned an office.

17.2.8 During a Sabbatical Leave, a Faculty Member is entitled to the usual level of University administrative and other support services.

17.2.9 A Sabbatical Leave shall not interfere with a Faculty Member's advancement toward promotion or tenure.

17.2.10 A Faculty Member, having completed a Sabbatical Leave, shall submit a written report on the work accomplished. This report shall be submitted to the Chair, with copies to the Dean, and the Vice-President: Academic, within 80 days following the conclusion of the Faculty Member's Sabbatical Leave.

17.2.11 A Faculty Member shall remain a full-time employee of the University during the period of the Sabbatical Leave and should return to the University for one year following the academic year in which the Sabbatical Leave was taken.

17.3 Librarians' Academic and Professional Leave

17.3.1 Academic and Professional Leaves are to serve the objects and goals of the University by providing Librarian Members with a regular opportunity to engage in scholarly and professional activities away from regular duties, at intervals frequent enough to enable them to maintain and enhance their professional effectiveness. The purposes for which an Academic and Professional Leave may be granted are the following:

(a) the acquisition of experience in an area related to their responsibilities;

(b) the development of new areas of specialization;

(c) the enrichment of their academic or professional knowledge.

17.3.2 Librarian Members are entitled to apply for Academic and Professional Leave, and are eligible to be on Academic and Professional Leave after the following periods of service. A Librarian Member first becomes eligible for a twelve-month or a six-month Academic and Professional Leave after 6 years of full-time credited academic service at the University, including credited years of service upon appointment. Thereafter, a Librarian Member becomes eligible for a twelve-month Academic and Professional Leave after the completion of 6 years of full-time credited service at the University since the end of the last Academic and Professional Leave, or a six-month Academic and Professional Leave after the completion of 3 years of full-time credited service at the University since the end of the last Academic and Professional Leave.

17.3.3 For the purposes of Librarians' Academic and Professional Leaves and pursuant to 17.3.2, full-time credited academic service means:

(a) the Librarian Member's time of employment in a Provisional, Candidacy or Continuing Appointment at the University as a Librarian, or as an employee identified in 3.1.2(a), unless a leave is negotiated as part of administrative service;

(b) the Librarian Member's time of employment in Limited Term Appointments at the University, post-terminal degree or equivalent qualification satisfactory to the University, to a maximum of 2 years;

(c) such other credit as may be negotiated by the Librarian Member at the time of appointment to the first of a Provisional, Candidacy or Continuing Appointment to the University, and stated in the Member's letter of appointment.

17.3.4 A Librarian Member retains any credited academic service time under 17.3.3 in excess of the requirements under 17.3.2, and may apply it to the service period required for a subsequent Academic and Professional Leave. The scheduling of leaves shall be in accordance with 17.3.2.

17.3.5 Any leaves must be taken in an orderly sequence to be determined by the UL in order that adequate staffing requirements in the library will be met. Any deferral of a Member's Academic and Professional Leave shall be subject to 17.3.4 and 17.3.12.

17.3.6 If all or part of the work of a Librarian Member on leave is reassigned, the workload of the Member(s) undertaking the reassigned duties shall be consistent with 19.1.6,
19.1.7 and 19.2.

17.3.7 To apply for an Academic and Professional Leave, a Librarian Member shall submit an application to the UL and supervising AUL, where applicable. The application shall be made no later than October 1 for a leave commencing July 1, and no later than January 15 for a leave commencing January 1 of the following year.

17.3.8 Application for Academic and Professional Leave shall be made in writing and the applicant must present a proposal that identifies the scholarly and professional purposes and activities of the leave being proposed, its potential benefit to the Librarian Member, and to the University, and the most likely outcome of the proposed activities. The application shall include:

(a) the starting date and length of the proposed leave;

(b) a summary of the Member's preparation for the scholarly or creative project,

(c) a statement of scholarly and/or professional achievements since the previous leave, including a copy of the report of the previous leave;

(d) specifics of the plan to be followed which should have a clear focus and be attainable within the leave period;

(e) an outline of the work or studies the applicant intends to undertake during the proposed leave;

(f) written documentation indicating that a sincere attempt has been made to obtain evidence that the applicant will be able to visit or work at any institution outside the University where she/he proposes to visit or work;

(g) where the plan includes taking courses, evidence that the applicant is able to register and complete the courses within the period of the leave, and acknowledgement that the leave approval is subject to evidence that the applicant has registered for courses that are included in the plan;

(h) a statement of how the proposed scholarly or professional activity is likely to provide benefits to the applicant and to the University;

(i) a curriculum vitae;

(j) disclosure of any employment relationship which the applicant anticipates taking or entering into during the leave period;

(k) any other information the applicant wishes to have considered.

17.3.9 Should the UL decide to recommend that an Academic and Professional Leave be denied, they shall write to the Librarian Member, with a copy to the Association, giving reasons for this recommendation. The UL shall give the Librarian Member an opportunity to respond in writing and/or in person, and the Librarian Member shall have the right to be accompanied by a Member of their choice. The UL transmits their recommendation to the Vice-President: Academic for action. In all cases, the UL shall make their recommendation to the Vice-President: Academic by November 1 for a leave commencing July 1, and by February 15 for a leave commencing January 1.

17.3.10 The UL shall submit the application for Academic and Professional Leave to the Vice-President: Academic together with a letter of appraisal from the UL with a recommendation as to whether or not the proposed Academic and Professional Leave should be granted.

17.3.11 In arriving at a decision to approve or not to approve an Academic and Professional Leave application, the Vice-President: Academic should base their decision on:

(a) the application;

(b) the report of the UL as provided for under 17.3.10; and the Librarian Member's Official File including the report filed after the previous academic and professional leave under 17.3.22, if applicable;

(c) the merits of the proposed Academic and Professional Leave project as it relates to the objectives set out in 17.3.1 and its value to the professional development of the Librarian Member.

17.3.12 The Vice-President: Academic may defer a Librarian Member's Academic and Professional Leave. When the Vice-President: Academic decides that the leave be deferred, such deferral, subject to 17.3.5, may not exceed one year. Where the Academic and Professional Leave is deferred the period of deferral shall be credited towards the Librarian Member's required time for service for their next application for Academic and Professional Leave under 17.3.2.

17.3.13 The Librarian Member shall be notified of the granting, denial or deferral of an Academic and Professional Leave by December 15 for a leave commencing July 1, and by April 1 for a leave commencing January 1. Should the Vice-President: Academic decide to deny or defer the Academic and Professional Leave, the notification to the Librarian Member, with a copy to the Association, shall include reasons for the decision.

17.3.14 Once an Academic and Professional Leave has been granted, it is expected that the Librarian Member will take the leave unless unforeseen personal hardship will ensue or unless the proposed activity must be cancelled or delayed due to circumstances beyond the control of the Librarian Member. A request to cancel or delay an Academic and Professional Leave by a Librarian Member shall be made in writing to the UL and copied to the Vice-President: Academic. All requests to cancel or delay an Academic and Professional Leave shall be made by the Librarian Member as soon as reasonably possible. Such requests shall not be unreasonably denied.

17.3.15 A successful applicant for Academic and Professional Leave shall obtain written approval from the UL for any substantial change in the proposed academic, scholarly or professional activity set out in the application for Academic and Professional Leave submitted in accordance with clause 17.3.8.

17.3.16 Salary for a Librarian Member on Academic and Professional Leave: 

(a) A Librarian Member on Academic and Professional Leave shall receive 100% of their Reference Salary for a twelve-month Academic and Professional Leave after an initial 6 years of full-time credited years of service.

(b) Any Librarian Member eligible for a twelve-month Sabbatical Leave under (a) may elect to take an initial sabbatical of 6 months, at 100% of their Reference Salary; a Member who elects to take a first Sabbatical of 6 months shall be eligible for a subsequent six-month leave at 100% of their Reference Salary, or after 3 additional years of credited service, a twelve-month leave in which they receive 100% of their Reference Salary for the first six months, and 85% for the remainder;

(c) Thereafter, a Librarian Member who does not come under the terms of (a) or (b) above shall receive 85% of their Reference Salary for a twelve-month Academic and Professional Leave or a six-month leave after 3 years of service, or 100% of their Reference Salary for a six-month leave after 6 years of full-time credited service.

17.3.17 The foregoing salary provisions shall not be affected by amounts which a Librarian Member may receive in the form of grants to cover the expense of research and administrative assistance, travel, publication, and other research-related expenses. To assist in Academic and Professional Leave projects, Librarian Members may apply for research grants from the University.

17.3.18 Upon returning from an Academic and Professional Leave, the Librarian Member shall receive a Reference Salary which includes all applicable salary adjustments that would have applied had the individual not taken an Academic and Professional Leave.

17.3.19 While on Academic and Professional Leave, Librarian Members and the University shall pay any applicable premiums under Article 28: Benefits, and pension contributions under Article 29: Pensions on the basis of the Member's Reference Salary.

17.3.20 A Librarian Member on Academic and Professional Leave may accept a study grant but may not normally hold a paid position. If they are offered such a position, they shall not accept it without prior written approval of the UL.

17.3.21 An Academic and Professional Leave shall not interfere with a Librarian Member's advancement towards promotion.

17.3.22 During an Academic and Professional Leave, a Librarian Member is entitled to the usual level of support services.

17.3.23 A Librarian Member, having completed an Academic and Professional Leave, shall submit a written report on the work accomplished to the UL, with a copy to the Vice- President: Academic within 60 days following the Librarian Member's return to library service.

17.3.24 A Librarian Member shall remain a full-time employee of the University during the period of the Academic and Professional Leave and should return to the University for one year following the academic year in which the Academic and Professional Leave was taken.

17.3.25 Subject to the approval of the Member's supervising AUL, otherwise the UL, a Member may have time free from library duties during normal working hours in order to enrol in or audit a course at the University for reasons of self-enrichment. The Librarian Member shall make up time released from library duties according to a schedule mutually agreed upon by the Member and her/his supervising AUL, otherwise the UL.

17.3.26 A Librarian Member may apply to their supervising AUL, otherwise to the UL, for release time from normally scheduled duties in order to take a course or courses of study, attend a conference, seminar or workshop for the benefit of improved library service. Release time to attend such meetings or courses shall be counted as part of the Librarian Member's normal workload. Librarian Members shall receive reimbursement for tuition fees, book costs, and travel expenses subject to the
approval of the Member's supervising AUL, otherwise of the UL.

17.4 Compassionate Leave

17.4.1 Members are entitled to Compassionate Leave with full pay for periods up to 5 days in the case of illness or death in the Member's immediate family.

17.4.2 Members shall give reasonable notice of need for such leave to the Dean, UL, or equivalent administrative officer, through the Department Chair or Coordinator, where appropriate. Notification may be made by telephone, e-mail or fax, when it is not reasonable to otherwise discuss the matter with the Department Chair or equivalent in person.

17.4.3 Compassionate Leave with full pay and benefits for periods longer than 5 days may be granted by the Dean, UL, or equivalent administrative officer.

17.4.4 Compassionate Care Leave:

(a) Members who care for a terminally ill family member under the terms of the Employment Insurance Act and who apply and are approved for EI benefits are eligible for a supplementary employment benefit as follows: a Member shall receive 100% of their Reference Salary for 2 weeks, and for the period up to a maximum of 6 additional weeks, the Member shall receive an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary.

(b) To receive the supplementary employment benefit in 17.4.4, the Member shall supply the University with proof of application to the Employment Insurance Commission, and the payment of the supplementary employment benefit shall be in accordance with 32.2.2

17.5 Personal Leave

17.5.1 Members are entitled to a Personal Leave without loss of compensation and benefits for up to 3 working days per year to attend to urgent or critical health or other needs of a member of their immediate family. Such needs include, but are not limited to:

(a) elder care for infirm parents;

(b) travel and preparation for the placement of an adopted child into the Member's Care and custody;

(c) illness and care for an immediate family member in addition to Compassionate Leave under 17.4.1.

17.5.2 Members shall give reasonable notice of need for such leave to the Dean, UL or equivalent administrative officer, through the Department Chair or Coordinator, where appropriate. Notification may be made by telephone, e-mail or fax when it is not reasonable to otherwise discuss the matter with the Department Chair or equivalent in person. The University may require documentation from a medical doctor, placement notice from an adoption agency, or other equivalent appropriate documentation when considering a request for Personal Leave.

17.5.3 Personal leave with full pay and benefits for periods longer than 3 days and up to one month may be granted by the Dean, UL or equivalent administrative officer subject to arrangements being made for completion of a Member's work at no additional cost to the University. Such request shall not be unreasonably denied.

17.6 Court Leave

17.6.1 Members who are summoned to be witnesses or jurors by a court or anybody with the power of subpoena, shall, if their attendance requires them to be absent from their scheduled responsibilities, notify their Chair (or equivalent) of the summons as soon as possible. Members shall supply the Chair (or equivalent) with a copy of the summons.

17.6.2 Members who have complied with the foregoing shall be granted leave of absence with full Reference Salary and benefits during the period of service to the court or summoning body.

17.7 Sick Leave

17.7.1 General:

17.7.1.1 The University recognizes that unavoidable absences may occur because of illness or accident and for this reason provides a sick leave benefit which provides income protection during these situations.

17.7.1.2 If the cause of absence from work is illness or accident compensable under the Workplace Safety Insurance Act, or any successor legislation, the Member shall apply for compensation under the provisions of the legislation, and if the Member receives such compensation, the University, for a maximum period of 4 months, shall pay the difference between 100% of the Member's Reference Salary and the compensation received under the Workplace Safety Insurance Act. If the Member applies but does not receive compensation under the provisions of the legislation, the provisions of 17.7.2.1 apply.

17.7.1.3 A Member unable to attend to their duties because of illness or accident shall advise their Chair (or equivalent), or their supervising AUL, otherwise the UL, promptly and the Member shall, upon request, produce medical evidence, satisfactory to the University, of such illness or accident.

17.7.2 Benefits:

17.7.2.1 Members who are on sick leave are entitled to receive 100% of their Reference Salary for a maximum of 120 calendar days, except as provided under 20.3.2.

17.7.2.2 During the first 120 consecutive calendar days of absence due to illness or accident, benefit coverages and applicable premium payments by the Member and the University will continue. If the absence is due to the same illness or injury within 30 days of returning from the original absence, it will be classified as a continuation of the same absence and only the balance of the unused portion may apply. A Member may be required to provide the University with a physician's statement verifying the illness or injury. The University will reimburse the Member up to $15.00 per certificate or another higher amount as determined by the University.

17.7.2.3 Should the sick leave period extend beyond 120 consecutive calendar days, a Member, or a person authorized to act on behalf of the Member, may apply for benefits under the Long Term Disability Plan. The University shall assist the Member in making application for benefits under the Long Term Disability Plan. After this initial 120 consecutive calendar days, a Member may remain on sick leave, but without salary and benefits.

17.7.2.4 While a Member is on sick leave without pay, the University will not contribute towards University benefits, but will permit and facilitate continuance of any coverage if desired by the Member with the Member paying the applicable premiums. The provisions of this clause shall not prevent the University from extending benefits beyond the 120 calendar day period.

17.7.2.5 Sick leave benefits are not cumulative and are not reimbursed upon termination of employment or at any other time.

17.8 Leave of Absence

17.8.1 The University may, upon request of a Member, grant a leave of absence without pay for a period not exceeding 12 consecutive months. Extension of a leave of absence without pay beyond 12 consecutive months may be granted with the approval of the Vice-President: Academic. Extension of a leave of absence without pay beyond 24 consecutive months may be granted with the approval of the Board.

17.8.2 Application for leave shall be made to the Vice-President: Academic. The Vice- President: Academic shall decide whether or not to grant the leave and shall notify the applicant within 2 months following the date on which the application for leave was made.

17.8.3 While a Member is on such leave without pay, the University will not contribute towards University benefits, but will facilitate continuance of the coverage if desired, including Long Term Disability, with the Member paying the applicable premiums based on their Reference Salary.

17.8.4 Upon return from such leave, the Member will be reinstated at the Member's previous rank and at their former salary plus scale increases applicable to that salary rank.

17.8.5 When leaves are taken to assume a full-time visiting appointment at another university, and upon evidence being adduced of the dates and responsibilities of the appointment to the satisfaction of the Vice-President: Academic, the period spent on the full-time visiting appointment shall be counted as time in service to the University. Upon return from such approved leave without pay, and after submission of the Annual Activity Report, a Member shall receive their former Reference Salary plus all across-the-board increases and Career Development Increments received by Members with the same rank during the period of the leave.

17.8.6 Three (3) months prior to the commencement of such leave the University shall inform the Member in writing of all agreed terms and conditions upon which the granting of leave is based and specify a deadline for acceptance or rejection of the said terms and conditions.

17.8.7 The Member shall not be deemed to have accepted the terms of such leave of absence until they have notified the University in writing. Failure to accept within the deadline specified in 17.8.6 shall be deemed to constitute non-acceptance.

17.9 Vacation Entitlement and Holidays

17.9.1 Vacation Entitlement

17.9.1.1 A Member's Vacation Entitlement Year shall be based on service during the contract year from July 1 to June 30 of the following year.

17.9.1.2 Each Member is entitled annually to 22 working days of vacation. Members accrue vacation at the rate of 1.83 days per month. After 12 years of continuous service, each Member is entitled annually to 25 working days of vacation. After 24 years of continuous service, each Member is entitled annually to 30 working days of vacation. The Member will be paid during such vacations but there shall be no additional remuneration should the Member choose to work through all or part of the vacation period.

17.9.1.3 A Member appointed for at least one (1) year is entitled annually to 22 working days of vacation with the commencement of the appointment; a Member appointed to less than one (1) year is entitled to a prorated number of working days of vacation for the contract term; vacation days do not have to be earned or accrued before they can be taken.

17.9.1.4 In the case where a Member has contracted to teach on an overload basis in the term in which they have no assigned teaching duties, the Member shall be considered to have chosen to work through all or part of the vacation period, and no vacation entitlement shall be paid out under Article 17.

17.9.1.5 Members may take their vacation at any time provided that:

(a) in the case of Faculty Members, the period of vacation does not conflict with the Member's scheduled teaching duties as provided for under this Agreement; Members whose appointment terminates on June 30 shall not be assigned teaching duties for the Spring Term;

(b) in the case of Librarian Members, the Member has indicated the dates of vacation to their supervising AUL, otherwise to the UL, in advance and has obtained approval from the supervising AUL or UL for same;

(c) vacations at other times shall be arranged only with the approval of the Dean, or where appropriate, the supervising AUL or UL, in advance.

17.9.1.6 In the case of a death of a Member, the University shall pay out any unused vacation entitlement accrued in the contract year in which the death occurs. For a Member with less than 12 years' service, the amount of vacation entitlement to be paid out shall be at a rate of 1.83 days per month up to and including the month in which the death occurs. For a Member with 12 or more years' service, the rate to be paid out shall be 2.08 days per month, and for the Member with 24 or more years' service the rate shall be 2.50 days per month.

17.9.1.7 In the event of Members terminating their employment with the University by resignation or retirement before the end of the contract year or before the appointment comes to term, such Members shall be entitled to receive payment for any unused vacation entitlement accrued to date of termination. The University may require that such Members use any vacation entitlement accrued to date prior to the termination date of their employment with the University. Except as provided for herein, there shall be no remuneration in lieu of vacation not taken.

17.9.1.8 Vacation Entitlement shall not be cumulative and shall expire at the end of the Vacation Entitlement Year for which the entitlement was earned. Exceptions may be approved by the Dean or, where appropriate, the UL, whereby Members may carry over a maximum of 10 vacation days into the next Vacation Entitlement Year.

17.9.1.9 A period of certifiable illness occurring during a period of vacation leave shall, on request of the Member, be recorded as sick leave and the Member's Vacation Entitlement shall be adjusted accordingly.

17.9.2 Holidays

17.9.2.1 Members are entitled to the following holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day, any other day declared as a holiday by the President or as a statutory holiday by the federal or provincial authorities, and any other day on which the University premises are declared closed by the President.

17.9.2.2 A Member will not receive additional remuneration should the Member choose to work on the holiday.

17.9.2.3 Librarian Members required by the University to work on any of the days listed in 17.9.2.1 shall, in addition to their holiday pay, receive:

(a) compensation at the rate of 2 times their regular salary rate for the hours worked, or

(b) where it is mutually agreeable, time off which is equivalent to 2 times the hours worked.

17.10 General: In all cases leaves include all statutory holidays, other holidays declared by the President and Vacation Entitlement which falls during the said leave period.

18.1 Duties and Responsibilities

18.1.1 The academic duties and responsibilities of Faculty Members involve the pursuit and the dissemination of knowledge through teaching, research, public lectures, conference communications, publications, artistic production and performance, professional and university service, and other similar activities. Members have the right and obligation to develop and maintain their scholarly competence and effectiveness, and to perform their duties in accordance with the clauses set out below.

18.1.2 The responsibilities of Faculty Members shall be an appropriate combination of:

(a) undergraduate and graduate teaching, counselling and supervision, as set out in 18.2.4;

(b) research, scholarly, and creative activities, as set out in 18.2.5; and

(c) academic, professional and University community service, as set out in 18.2.7.

Without minimizing the importance of (c), for the majority of Faculty Members the principal duties will be in teaching and scholarly activity listed in (a) and (b) above. Without minimizing the importance of (b) and (c), the principal duties for Members with a PTP shall be those noted in (a) above.

18.1.3 Deans shall ensure that the workload of Members shall be distributed in a fair and equitable manner. The variables to be considered when assigning workload include, but are not limited to, the following:

(a) the career stage of the Member;

(b) the Member's area of expertise;

(c) the Member's ongoing research, scholarly and creative activities;

(d) the Member's academic, professional and University community service;

(e) the Member's teaching duties in accordance with the criteria set out under 18.2.4.2.

18.2 Workload

18.2.1 Workload norms and variations:

18.2.1.1 Except as provided for in 18.2.1.6, the teaching load norm of academic units and sub-units shall be the equivalent of 4 one-term courses.

18.2.1.2 In order to ensure an equitable distribution of work and an appropriate combination of academic duties, under 18.2.1.3 and 18.2.1.5, a Member's teaching load may be reduced or increased from the norm under 18.2.1.1.

18.2.1.3 Except as provided for in 18.2.1.3(d) and 18.2.1.6, a Member's assigned teaching load shall be reduced from the norm under 18.2.1.1 as follows:

(a) when the University requests, and the Member consents to perform substantial work on program development or significant administrative duties in addition to those positions specified in Article 21;

(b) in the Faculty of Science, where the University assigns a Member a teaching load that includes lectures and laboratory sections taught by the Member, the assigned teaching load shall be 3 one-term courses

(c) subject to (i) and (ii) below, when a Member's assigned teaching load includes student enrolment of 350 or more students over 2 terms according to the relevant last day to add under Article 18.2.2.2 Members are not eligible to receive a one-term course reduction for student enrolment when:

(i) the Member's teaching load includes teaching fewer than 3 different one-term courses (or equivalent) in an academic year;

(ii) a Member teaches a course in which 60% or more of the grade is based on machine-marked tests, exams, and assignments. Notwithstanding (i) and (ii) above, a Member shall be entitled to a one-term course reduction for student enrolment when the Member is responsible for 600 or more students over 2 terms.

(d) Subject to (i) and (ii) below, for Members with a PTP and an assigned teaching load with a student enrolment of 525 or more over 2 terms according to the relevant last day to add, under Article 18.2.2.2. Members are not eligible to receive a one-term course reduction for student enrolment when:

(i) the Member's teaching load includes teaching fewer than 4 different one-term courses (or equivalent) in an academic year;

(ii) a Member teaches a course in which 60% or more of the grade is based on machine-marked tests, exams, and assignments. Notwithstanding (i) and (ii) above, a Member shall be entitled to a one-term course reduction for student enrolment when the Member is responsible for 900 or more students over 2 terms.

(e) Subject to 18.2.1.4, in order to establish an appropriate balance of a
Member's teaching, service and research activities, a Member's assigned teaching load shall be reduced by a one-term course or equivalent as follows:

(i) subject to satisfactory performance under 18.2.4 and 18.2.7 and when a Member is engaged in on-going research and/or scholarly or creative projects beyond the activity provided for in 18.2.5.1 and evidenced by significant recent scholarly publications or the equivalent in the creative arts, or evidenced by significant external research grants or contractual commitments to publish or edit scholarly works or the equivalent in the creative arts in the forthcoming academic year. Members shall annually apply for a course remission no later than February 1. These course remissions will be allocated annually by the Vice-President: Academic in consultation with the Deans. Members who apply for a course remission shall be notified if they are successful by March 1;

With the exception of leaves or course releases under Articles 17, 21, 32 and or releases funded by research grants, the Association, or exceptions approved by the Dean, Members shall teach no fewer than 2 one-term courses, or equivalent, in an academic year.

18.2.1.4 Effective July 1, 2017, under 18.2.1.3(e)(i) above, there shall be 55 one-term course releases available. Reasonable efforts will be made to award all available course releases. Each September 1, the Vice-President: Academic shall provide the Association with a report on the course under 18.2.1.3(e) which includes the number and gender distribution of applicants and recipients for each Faculty and for the Bargaining Unit as a whole.

18.2.1.5 A Member's assigned teaching load may be increased from the norm under 18.2.1.1 as follows:

(a) the assigned teaching load may be 5 one-term courses or equivalent, when such an increase is justified by a Member's total contributions in teaching, research and scholarly activities, and academic, professional and University community services under 18.1, 18.2.5, 18.2.6. and 18.4.2.

(b) in the Faculty of Music, the assigned teaching load shall be no more than 15 contact hours per week where a Member's teaching load includes studio teaching, including Master classes and directing ensembles.

(c) in exceptional cases, and apart from assigned teaching loads under 18.2.1.6, a Member may be assigned to teach 6 one-term courses in an academic year. In such cases the Dean shall, by May 15, notify the Member in writing with a statement of reasons for the assignment of 6 one-term courses or equivalent, with a copy to the Association. The Member's increased teaching load shall be assigned for no longer than one (1) academic year, and shall be subject to review by the Dean before assigning 6 one-term courses in any subsequent year.

Any assessment of performance in teaching, scholarship and service of a Member whose teaching load is in accordance with this clause 18.2.1.5 shall recognize the Member's additional contribution in teaching.

18.2.1.6 Members appointed to a PTP under 13.2, may be assigned 6 one-term courses (or equivalent). An assigned teaching load of 6 one-term courses shall include no more than 4 different one-term courses or equivalent, subject to 18.2.4.7. Nonetheless, if they meet the conditions under 18.2.1.3 (a), (b) or (d) they shall receive a reduction from a 6 one-term course assigned load.

18.2.1.7 The assigned teaching load for Members on six-month limited term appointments shall not exceed 3 one-term course equivalents.

18.2.1.8 A teaching load that includes courses not held on the campus(es) to which a Member was appointed under 13.14.1 shall normally be assigned only with the Member's consent. In the exceptional circumstance that insufficient teaching is
available for the Member on their home campus(es), and after all reasonable efforts have been made to assign the Member teaching on their home campus(es), teaching load may be assigned at a different campus without the Member's consent.

18.2.2 Procedures for Assigning Teaching Load:

18.2.2.1 By April 15 of each academic year the Chair, upon consultation with each Member of the academic unit or sub-unit, and in accordance with 18.1.3, 18.2.1, and 18.2.4.2, shall submit to the Dean for approval a proposal for the teaching load and teaching schedule of each Member. The Dean shall ensure that teaching loads of Members in the academic unit or sub-unit are fair and equitable in accordance with 18.1.1 and 18.1.3.

18.2.2.2 In consultation with the Chair, the Dean shall estimate the total enrolment in a Member's assigned teaching load. The implementation of 18.2.1.3(c) and 18.2.1.3 (d) shall be based on this estimate. Should the total enrolment in a Member's courses, according to the relevant last day to add, be significantly higher or lower than this estimated number, appropriate adjustments shall be made in the next term in which the Member teaches. The Member shall be informed of any adjustment for the winter term by October 1, and of any adjustment for the spring term by February 1, and of any adjustment for the Fall term by June 1. If it becomes necessary to make adjustments after these dates, the adjustments may be implemented in a subsequent teaching term.

18.2.2.3 Following approval of the Dean, the Chair shall, by May 15 of each academic year, inform the Member in writing of the details of the teaching load for the forthcoming academic year. Any change in a Member's teaching load after May 15 shall take place only when a significant change in circumstances occurs, and in consultation with the Member. For Members appointed after May 15, the notification of the Member's teaching load under the terms set out in 18.2.2.1 shall be sent to the Member as soon as possible and no later than 15 days following the appointment By May 15 of each academic year, the Dean of each Faculty shall send to each Member of the Faculty and to the Association a list of Members of the Faculty and each Member's teaching load for the forthcoming academic year. By February 15 of each academic year, the Dean of each Faculty shall send to each Member of the Faculty and to the Association a list of Members appointed after May 15 and each Member's teaching load as well as any changes to Members' teaching loads that have occurred after May 15.

18.2.3 Student/Faculty Ratio and Faculty Complement:

18.2.3.1 In recognition of the recent growth in the number of students, the changing profile of the University, and the Government of Ontario's objective of improving student/faculty ratios, the Parties agree to the following measures to maintain, improve and monitor the faculty complement:

(a) the University agrees that the number of tenure-track and tenured appointments in the Bargaining Unit shall not be fewer 480 appointments;

(b) by September 30 each year, the University shall provide to the Association, a report on enrolment in courses taught by Members. This report shall include:

(i) a report on intramural courses taught by Members which includes the instructor’s name, the course number, enrolment and course weight, with a summary by term of the number of courses, number of students and average class size;

(ii) a report in a similar format for Online Learning courses taught by Members;

(iii) a report in a similar format for off-campus courses taught by Members;

(iv) a report on directed studies and thesis courses taught by Members including the name of the instructor, the course number and course weight, and the student enrolment with a summary of the number of courses and the number of students;

(v) a report for Members who are Music Studio Instructors, Music Therapy Supervisors, and Music Coach-Accompanists, including the name of the instructor, the course number and course weight, and the student enrolment for each Member with a summary by term of the number of courses, number of students and average class size;

(vi) a report for Members teaching tutorial or lab sections of courses including the name of the instructor, the course number, the total enrolment in the course, the number of tutorial/lab sections taught by each Member, and an enrolment equivalence based on the total number of students divided by the number of tutorial or lab sections.

This annual report, due September 30, shall include courses taught in the Spring, Fall and Winter terms of the previous fiscal year.

(c) the University agrees to continue to use the FTE student/FTE faculty ratio in determining the faculty complement. During the life of this Agreement, the University agrees that the FTE student/FTE faculty ratio for the whole University shall be 25:1;

(d) the calculation of the student/faculty ratio (full-time equivalent (FTE) students to full-time equivalent (FTE) faculty) shall be as follows:

(i) the number of FTE students as reported to the Government of Ontario exclusive of course enrolments at Martin Luther University College. The FTEs will include the sum of undergraduate FTEs for Fall, Winter and Spring/Intersession/Summer plus the average of graduate FTEs for the three terms;

(ii) the number of FTE faculty equals the number of current full-time faculty as calculated for the Ontario Council of Academic Vice- Presidents, excluding seminary faculty and faculty on unpaid leaves of absence for the current academic year, plus the number of one-term .5 credit intramural and online courses or equivalents taught by Contract Academic Staff divided by 6 excluding one-term course equivalents of tutorial/lab sections;

(d) the University agrees that the complement of full-time faculty members shall be in accordance with the ratio as set out in (b);

(e) for each new provisional appointment made, the University may add in the initial year of the appointment the equivalent of 2 one-term intramural courses to the number of courses not included in the limit of courses taught by non-members under 34.4(a);

(f) should revenues from tuition fees and government grants fail to provide sufficient funds to finance the additional full-time faculty appointments specified above, the University shall consult with the Association. In light of these changed circumstances, the Parties shall attempt to revise the schedule of appointments in such a way as to maintain the student/faculty ratio of 25:1, and to maintain the ratio of intramural courses taught by Members and non-members established under Article 34. If these twin objectives cannot be met, the Parties shall agree to revise the student/faculty ratio commensurate with the revenues available.

18.2.3.2 For monitoring student/faculty ratios and the effect of student enrolment on Members' workload, the University shall annually provide a report on September 30 to the Joint Liaison Committee with a copy to the Association which includes the following information:

(a) the number of full-time (FT) students and full-time equivalent (FTE) students. The FTEs will be as per section 18.2.3.1(d)(i);

(b) the calculation of the number of full-time equivalent (FTE) faculty:

(i) the number of full-time faculty as reported to Statistics Canada;

(ii) the number of intramural and online courses taught by Contract Teaching Faculty in academic year divided by 6;

(iii) the full-time equivalent (FTE) faculty as the sum of (i) plus (ii);

(c) the student/faculty ratio expressed as the ratio of full-time equivalent (FTE) students in (a) above to full-time equivalent (FTE) faculty in (b) above;

(d) the student/faculty ratio for the current year expressed as FTE students in (a) above to full-time (FT) faculty in (b) (i);

(e) the ratio in (d) shall be reported for the University and for each academic unit, namely the Faculty of Arts, the Faculty of Education, the Faculty of Human and Social Sciences, the Faculty of Liberal Arts, the Faculty of Music, the Faculty of Science, the Faculty of Social Work and the Lazaridis School;

(f) the ratio of undergraduate and graduate course registrations to FTE faculty for each academic sub-unit and non-departmentalized Faculty;

(g) when such reports become available, the most recent report of COU and Ministry of Colleges and Universities report on student/faculty ratios for Ontario universities.

18.2.3.3 The University shall have met its obligations under 18.2.3.1(b) if the student/faculty ratio target is met in the report of March 1 under 18.2.3.2. If the University has not met the student/faculty ratio target in 2 consecutive years, and no adjustment has been made under 18.2.3.1(f), the University, on or before April 18 of the second year of the shortfall in the student/faculty ratio, shall pay the following:

An amount equal to the shortfall in the number of FTE faculty over the 2 consecutive years of the shortfall times the salary of the floor of the assistant professor divided by the number of Members of the Bargaining Unit as of September 1 of the second year of the shortfall. This amount shall be paid to each Member employed as of September 1 during some or all of the current contract year.

18.2.4 Teaching:

18.2.4.1 Teaching, Counselling and Supervision: Members are obligated to develop and maintain their scholarly competence and effectiveness as teachers, and to perform the teaching duties assigned under this article. Members' teaching responsibilities include the following:

(a) to present courses which reflect the current state of knowledge and the course description in the University Calendar;

(b) to provide the Chair or Dean with a written and/or electronic course outline, as per 18.2.4.1 (c), one week prior to the start of each term;

(c) to provide students with a written and/or electronic course outline during the first week of classes. The outline shall include at least the following information:

(i) the name, office address, office telephone number, and weekly office hours of the Member;

(ii) the subject matter to be explored in the course;

(iii)a list of all required assignments and examinations, the relative weight of assignments and examinations in the final assessment of student performance, and the due dates for assignments and tests common to the entire class and worth more than 10% of the final grade; in classes in which students have individual projects or assignments due dates shall be arranged by consultation between the instructor and the student;

A Member may consult with the class about office hours, subject matter of the course and assignments, examinations and their weighting, and provide the class and the Chair or Dean copies of the course outline following this consultation;

(d) to be fair and objective in relations with students and in grading of student assignments;

(e) to be available for student consultations, including the posting and observance of reasonable office hours;

(f) to meet at scheduled times with tutorial, seminar, laboratory, and lecture groups except for reasonable change with due notice where possible;

(g) to be responsible for the preparation and grading, and be in attendance for all examinations as required by their courses and to proctor the final examination for at least one course; if multiple exams are scheduled at the same time, or a single exam is held in more than one physical location, a Member is expected to attend only one of these exams/locations;

(h) to submit final grades as required by Senate;

(i) to develop courses where such development enhances the curriculum of the academic sub-unit;

(j) to contribute to the development of curriculum and programs of study within a Member's academic unit or sub-unit;

(k) to be available as academic advisors in the preparation and defence of theses or projects (both undergraduate and graduate) when such projects are within the Member's scholarly expertise;

(l) to serve as external readers, chairs or members of graduate student comprehensive or thesis/dissertation oral examinations, when such service is within the Member's scholarly expertise;

(m) to adhere to teaching schedules in all but exceptional circumstances and, in case of sudden illness or emergency, make all reasonable effort to notify the Chair, or equivalent, or Dean, as applicable.

18.2.4.2 The Chair and the Dean, when determining a Member's teaching load, shall take into account relevant factors including but not limited to the following:

(a) the relationship of teaching duties to the Member's area of expertise;

(b) the number of separate courses taught by the Member;

(c) the number of scheduled contact hours per course;

(d) he expected student enrolment in each class, and the total number of students in a Member's classes;

(e) the level (introductory, upper year, graduate, et cetera) of each course;

(f) the type (lecture, team-taught, laboratory, seminar, et cetera) of each course;

(g) the number of hours of preparation, grading and administration per course;

(h) additional hours of preparation for a new course, or for a course substantially revised;

(i) the number of hours of academic and consulting per course;

(j) responsibility for laboratory or tutorial sessions;

(k) academic and administrative responsibilities for large classes with team-taught or tutorial or lab sections;

(l) the availability of markers or laboratory assistants or teaching assistants;

(m) the amount of field, clinical, research, thesis, examination committee service, and other academic supervision of senior undergraduate and graduate students;

(n) responsibility for unscheduled courses such as directed studies at the request of the Chair or Dean;

(o) the location of the course (on or off-campus);

(p) the additional time in travel, committee responsibilities, teaching, and student supervision in graduate and other programs in partnership with neighbouring universities; and

(q) special factors such as filming or broadcasting of lectures, or the use of conferencing technologies.

18.2.4.3 If a Member teaches assigned courses that have a total enrolment in excess of 100 students or more in a given term according to the relevant last day to add and these courses have written assignments and tests that require hand marking and grading, the Member may request grading/marking assistance. The Member makes this request to the Department Chair or equivalent within 2 weeks of the commencement of the term. Upon this request and confirmation of the enrolment in the class, the University, through the Chair, shall provide a minimum of one (1) hour of grading/marking assistance for each student in excess of 100 to a maximum of 125 hours. When Departments do not have resources to provide such assistance, the provision of grading/marking assistance shall be the responsibility of the Dean. If the Member requests, and Departments have the resources, marking/grading assistance may be allocated to the Member in addition to the provisions of this clause.

18.2.4.4 With the exception of Members appointed to a PTP, a Member is entitled to one non-teaching term in each academic year. The scheduled teaching duties shall normally be in the fall and winter terms of the academic year. Those Members who teach assigned courses in the spring term shall be entitled to one non-teaching term in the fall or winter term. With the mutual agreement of the Member and their Dean, a Member who is scheduled to teach assigned courses for 3 or more consecutive terms shall be entitled to 2 or more consecutive research terms free of assigned teaching.

18.2.4.5 If a Member appointed to a PTP is assigned teaching duties in each of 3 terms during an academic year, the assigned teaching duties in one (1) of the 3 terms shall be no more than one (1) one-term course.

18.2.4.6 If requested by a Member appointed to a PTP, the Chair and Dean shall ensure a teaching schedule that permits up to 15 days of the Member's vacation entitlement under 17.9 to be taken in a single block.

18.2.4.7 Subject to 18.2.4.9, assigned classes for an individual Member shall be scheduled in such a way as to permit 12 hours to pass between the completion of teaching one (1) day, and the commencement of same on the next day. No Member shall be assigned a class schedule which requires more than 3 consecutive hours of teaching.

18.2.4.8 Subject to 18.2.4.9, the scheduling of courses shall permit every Member, with the exception of Members appointed to a PTP, to have at least one (1) day per week for research during which they are not expected to teach scheduled classes.

18.2.4.9 A Member may request a schedule of teaching duties which does not conform to the provisions of 18.2.1.6, 18.2.4.4, 18.2.4.5, 18.2.4.7, and 18.2.4.8. Such requests are subject to the Dean's approval and an agreement to this arrangement shall be in writing, copied to the Association

18.2.4.10 A Member's place of residence shall not be taken into consideration as a factor affecting the scheduling of assigned teaching duties and attendance at the University.

18.2.4.11 In recognition of its duty to accommodate employees with disabilities or documented special needs, the University shall schedule assigned teaching duties in accordance with Members' special needs. If a Member has a disability or obligations to care for immediate family members with a disability, the Member will follow the process under Policy 8.7, Employment Accommodation Policy and Procedures, in effect on April 21, 2016, and make a formal request to the Dean prior to September 15, that the Department Chair arrange a suitable scheduling of classes for the forthcoming academic year. The Dean shall make a reasonable effort to accommodate the Member's request in accordance with Policy 8.7.

18.2.4.12 In consultation with the Department Chair and subject to the approval of the Dean, and in addition to the provisions of 18.2.4.4 and 18.2.5.2, a Faculty Member may arrange their teaching duties so that, by teaching additional courses, but no more than one such course per term, the Faculty Member may have a reduced teaching load in another term. As well as this form of "course banking", a Faculty Member, in consultation with the Department Chair and subject to the approval of the Dean and the Vice-President: Academic, may plan a term free of teaching duties by accumulating sufficient credit to be released from teaching for one term. Members will continue to be responsible for service duties during this term. Effective July 1, 2009, a Faculty Member may bank no more than 3 one-term courses or equivalent and courses banked pursuant to this Article 18.2.4.12 shall be banked for no more than 3 academic years record of all such agreements under this clause shall be kept in the Member's Official File.

18.2.5 Research and Scholarly Activities:

18.2.5.1 Each Member shall be entitled to and shall be expected to engage in and to have time available for research, scholarly, and creative activities. Furthermore, it is the responsibility of the Member to make the results of such work accessible to the University, the scholarly community, and general public through publication, conference presentations, lectures, public concerts or performances, and other appropriate means.

18.2.5.2 In fulfilment of its commitment to Members' research and scholarly activities under 18.1, and 18.2.5.1, Members appointed to Provisional Appointments shall have a teaching term free of assigned teaching duties once during the period of the provisional appointment. The scheduling of the term free of assigned teaching duties shall be subject to the agreement of the Member, the Department Chair or equivalent, and the Dean. If no agreement can be reached, the Dean shall assign the term free of teaching duties. The teaching load of the Member for the academic year in which the term free of teaching will be taken will be one half of the normal teaching load of the academic sub-unit or equivalent. When the normal teaching workload is 5 one-term courses, such a Member's teaching load shall be 3 one-term courses. When the normal teaching load is 6 one-term courses, such a Member's teaching load shall be 4 one-term courses. During the term free of assigned teaching duties, the Member's eligibility to teach overload courses is defined in 18.2.8.1.

18.2.5.3 In fulfilment of its commitment to Members' research and scholarly activities under 18.1, and 18.2.5.1, the University shall provide funds for the support of research of Members appointed to Provisional or Candidacy Appointments. These start-up funds shall be awarded by the Vice-President: Academic on the recommendation from the Dean.

18.2.5.4 When a Member applies for research funding with the intention of receiving funds to pay for a replacement of some portion of their teaching load, the Member shall consult with their Department Chair or equivalent, and shall have the proposed alternative teaching arrangements approved by the Dean. Where a Member has followed these procedures, and then receives research funding to allow an academic sub-unit or unit to hire a replacement for some portion of their teaching load in a given year, release time from teaching shall not be denied.

18.2.6 Contact Information:

18.2.6.1 Members not on leave, or Members on leave under 17.1 or 17.3, shall provide the Chair or equivalent with current contact information.

18.2.7 Academic, Professional and University Community Service:

18.2.7.1 Faculty Members have the right and responsibility to undertake a fair and reasonable share of administrative responsibilities including participation in the work of the University through membership on appropriate bodies; for example, Departmental or School, Faculty and Senate committees. Where participation in such bodies is by election or appointment, a Member shall be elected or appointed only with their consent. Those who have the responsibility to make such appointments shall make every effort to ensure that academic, professional and University community service commitments are equitably shared.

18.2.7.2 Members have the right to participate in the work of learned societies and professional organizations, including the Faculty Association OCUFA, CAUT, and NUCAUT. When a Member's service to such societies or associations conflicts with scheduled teaching or administrative duties, the Member shall make arrangements, subject to the approval of their Chair or equivalent, to make sure those duties and responsibilities are fulfilled. A Member's service to such societies and associations shall be considered in the assessment of the academic performance of the Member, and shall be treated in the same way as similar duties performed within the University.

18.2.8 Overload Teaching:

18.2.8.1 When courses require staffing on a part-time basis paid by an overload stipend, as specified in Article 30, the Dean or their designate shall first notify Members of the academic unit or sub-unit, as appropriate, of the availability of the position at least 5 days before it is posted or advertised. Upon application in accordance with 18.2.8.2, a Member shall be given first consideration for the position and shall be offered the position if the Member has a full-time appointment during the term(s) in which the course is scheduled, has a satisfactory record as a teacher, a satisfactory research and service level in accordance with 18.1.2, and if the course is within their area of expertise. If the Member's application is denied, the Dean shall provide a written statement of reasons. The following Members will not be eligible to teach overload courses except with the written permission of the Vice-President: Academic upon recommendation from the Dean, copied to the Association.

(i) a Member on Sabbatical Leave under 17.1, or on leave under 32.1 and 32.2;

(ii) a Member who has received a research grant-funded research time release;

(iii) a Member who has requested and received a reduction in the assigned teaching workload under 18.2.1.3(c), 18.2.1.3(d), 18.2.1.3(e), and 18.2.5.2;

(iv) a Member who is in a Provisional or Candidacy appointment;

(v) a Member who has an administrative appointment under Article 21;

(vi) a Member who is on PIRO;

(vii) a Member who has not submitted an Annual Report of Activities, or Sabbatical leave report in accordance with 17.2.10.

18.2.8.2 To exercise this right of first consideration to be considered for a course in 18.2.8.1, a Member shall inform the Department Chair or equivalent in writing of their interest in teaching a course on overload. Written notices submitted annually by March 15 are valid for courses offered in the fall, winter and spring terms of the next academic year. Otherwise, to exercise the right of first consideration, Members shall inform the Department Chair or equivalent within 5 days of the notification to the Members of the availability of the course under 18.2.8.1. A Member who applies to teach a course on overload after the course has been advertised or posted shall be considered along with other applicants, subject to the seniority rights of Contract Academic Staff.

18.2.8.3 Should a course become available within 2 weeks of the beginning of the term or after the term commences, the Dean or their designate shall first notify Members of the academic unit or sub-unit, as appropriate, of the availability of the course. To exercise the right of first consideration, a Member shall apply to teach the course within one day of the notification being sent, and if the Member has a satisfactory record as a teacher, a satisfactory research and service level in accordance with 18.1.2, and if the course is within their area of expertise, the Department Chair may recommend to the Dean that the Member be appointed to teach the course without advertising or posting the position.

18.2.8.4 When a Member is offered an appointment to teach an overload course, the Member's regular assigned teaching workload under 18.2.2 shall not be amended without the Member's prior written consent.

18.2.8.5 Where a course that formed part of the Member's teaching load letter under 18.2.2.3 is cancelled, the cancelled course shall be replaced with the course that was to be taught on overload, unless the Department Chair, upon approval of the Dean, is able to replace the cancelled course, or the course to be taught on overload is under 30.10.3.1.

18.2.8.6 In any one academic year (September 1 to August 31), a Member's teaching on overload stipends shall not exceed the equivalent of 3 one-term courses (or equivalent). Both intramural courses and special types of teaching, including off- campus and distance education courses, shall count as overload courses. In exceptional circumstances, and upon the request of the Member, this limit may be exceeded with the written approval of the Vice-President: Academic upon request from the Dean, copied to the Association.

18.2.8.7 In recognition of their contribution to the University community as teachers, the provisions for retired Members to teach courses on a part-time basis are set out in Appendix E.

18.3 Information Technology

18.3.1 A course developed by anyone or any organization may only be developed and/or offered at ·ï»Ë²ÊƱƽ̨ through information technologies if it does not have the consequence of eliminating or reducing a Member's or Members' position(s).

18.3.2 Members teaching courses dependent on information technologies which involve the broadcast, transmission, re-transmission, publication, recording or storage of contents of the course shall exercise copyright and intellectual property rights under Article 36 regardless of the medium used to broadcast, transmit, retransmit, publish, record or store the course.

18.3.3 A Member shall not be required to introduce information technology as a component of a course unless the technology is specifically related to the subject matter, or the mode of delivery of the course has been approved by the Department, Area or equivalent academic sub-unit, or Faculty, as appropriate.

18.3.4 When a course includes an information technology requirement, once a Member has been assigned to teach a course, they shall not be required to change the course to an alternate mode of delivery in that academic year.

18.3.5 When the University requires computer technology for the delivery of a course, the University shall ensure that the Member teaching the course has in their office, and in the classroom, computer equipment capable of handling the required mode of delivery.

18.3.6 Nothing in the provisions of 18.3 shall prevent a Member from introducing or using information technology as part of a course.

18.3.7 To assist Members and to facilitate technological innovation within the University community, the University shall inform Members of training programs, and shall make these programs available to Members.

18.4 Online Learning and Other Special Types of Teaching

18.4.1 The following provisions for Online Learning courses and Special Types of Teaching apply to courses Members develop or teach as part of their assigned teaching workload or on paid overload.

18.4.2 Special Types of Teaching include courses which:

(a) are taught at off-campus locations;

(b) are offered all or in part through the Internet.

18.4.3 Online Learning courses or Special Types of courses may be included in a Faculty Member's assigned workload as determined by the Dean, in consultation with the Member. A Member will not normally be assigned Online Learning or Special Types of courses without their consent. The University shall fully reimburse the Faculty Member for any costs incurred in teaching these courses in accordance with the provisions of Article 38. If these courses are taught on an overload basis, Faculty Members shall receive an online overload stipend as set out in Article 30.10.2.1. All such courses must comply with the regulations outlined in 18.2.2.3

18.4.4 The development of Online Learning courses may be included in a Faculty Member's assigned workload only with their consent. In terms of workload, the development of a 0.5 credit Online Learning course is the equivalent of teaching a 0.5 credit course. If these courses are developed on an overload basis, Faculty Members shall receive an overload stipend as set out in Article 30.10.1. All such courses must comply with the regulations outlined in 18.2.2.3.

18.4.5 The introduction of an on-line credit course in a Faculty or Department shall be subject to 18.3 above, and to the recommendation of the Department or equivalent academic sub-unit and the curriculum approval of the Faculty.

18.4.6 Courses taught through Online Learning and Special Types of Teaching shall be subject to Senate policies on computers and information technology, and shall be in accordance with 18.3 above.

18.4.7 Online Learning courses shall be developed according to the protocols referenced in LOU 6.

18.4.8 The Parties agree to the following specific provisions for Online Learning:

(a) Members' use of Online Learning course materials shall respect and comply with Canadian Copyright Legislation and University licensing and copyright agreements;

(b) Members shall provide course information, such as textbook requirements, requisite additional supplies, and methods of student assessment, as requested by the Centre for Teaching Innovation and Excellence in order to meet publication and other administrative deadlines;

(c) during the first week of the teaching term, provide a course outline in accordance with 18.2.4.1 (b) with a copy to the Centre for Teaching Innovation and Excellence;

(d) Members shall inform students of any significant periods of time during the term when they will be unavailable, and shall make appropriate arrangements with the Chair, Area Head or Course Coordinator to accommodate student needs in such absences;

(e) Assignments shall be submitted, graded and returned to students by Members in electronic format through the Learning Management System unless otherwise approved by the Department Chair or equivalent. Responsibility for receipt and return of non-electronic student assignments shall rest with the Centre for Teaching Innovation and Excellence.

(f) Members shall grade assignments and examinations in a timely fashion, and counsel students about their performance;

(g) there shall be a teaching evaluation form for Online Learning courses as set out in Article 31.

18.4.9 In accordance with University Policy on the Use of Information Technology, the Centre for Teaching Innovation and Excellence (CTIE) shall only access electronic sites for courses with the permission of the instructor. The instructor may request technical assistance from CTIE, but is not obliged to give open access to communications between the Member and the students in the course.

18.4.10 Any changes in Information Technology proposed by Senate and its committees, or by CTIE shall be consistent with the terms and conditions of work of Members under this Article 18.

18.5 Annual Report of Activities

18.5.1 Each Member shall submit a copy of an Annual Report of Activities to their Department Chair (or equivalent) and Dean by May 5 of each year. The Annual Report shall include a statement of activities for the previous May 1 to April 30 period. A copy of the Annual Report shall be placed in the Official File. Failure to submit an Annual Report of Activities shall deem a Member ineligible for Overload teaching, Sabbatical Leave and Merit consideration.

18.5.2 Each year, by September 1, the University shall provide the Association with a summary report about what information has been compiled from any Annual Reports of Activities, for whom, and for what purposes.

18.5.3 The University shall be responsible for the security of the data contained in the Annual Report of Activities submissions.

18.5.4 The Annual Report, which shall be completed on a standardized electronic form supplied by the Dean, shall include the following information. * indicates information that can be pre-populated from Banner:

• name, employee ID, Rank, ·ï»Ë²ÊƱƽ̨ email, department/program/area, rank*
• highest academic degree (or in process) and professional designation(s)
• leave status during review period, if applicable
• administrative roles held
• Teaching
  • regular teaching load*
  • number of remissions*
  • courses (labs/tutorials) taught and mode*
  • supervision of undergraduates, graduates, postdocs, research assistants, and volunteers
  • Indigenous forms of teaching
  • new course or program development
  • teaching initiatives
  • workshops and courses attended
• Scholarship
  
  • publications
  • invited talks and presentations
  • contributions to papers and conferences
  • presentations in a credible academic, professional or journalistic forum
  • contributions in the performing and creative arts
  • community-engaged scholarship
  • Indigenous forms of scholarship
  • research and other scholarly work achieved or in progress
  • research grants and contracts awarded
  • workshops and or courses attended
  • review activities (internal and external)
  • research reports completed
  • other research and scholarly activities (e.g., book reviews, journal editorship, external examination of graduate theses)
• Service
  
  • contributions to the Member’s Department or Faculty
  • contributions to the Senate, Board, Association and other University activities
  • contributions to the Member's academic profession
  • contributions to the Member's community
  • workshops and courses attended
• Recognition
  
  • awards and other honours received
  • optional statement in support of Merit consideration of up to a maximum of 250 words

18.6 Outside Professional Activities

18.6.1 The nature of the professional competence of many Members affords opportunities for the exercise of that competence outside the Member's regular university duties, on both remunerative and non-remunerative bases. Recognizing that such professional activities can bring benefits to and enhance the reputation of the University and the capacity of Members, the University agrees that Members have the right to engage in part-time professional activities, paid or unpaid, provided that such activities do not conflict or interfere with the Member's obligations, duties and responsibilities to the University as defined in this Agreement, except as provided in clause 18.6.3 and subject also to the following conditions:

(a) When a Member's outside activities involve the use of the University's facilities, supplies or services, their use shall be subject to the prior approval of the University. Costs for such facilities, supplies or services shall be borne by the outside group at prevailing rates set by the University, unless the University agrees, in writing, to waive all or part of such costs.

(b) The name of the University shall not be used in any related professional activity unless agreed, in writing, by the Vice-President: Academic, although nothing shall prevent the Member from stating the nature and place of their employment, rank and title(s) in connection with related professional activities, provided that they shall not purport to represent the University or speak for it, or to have its approval unless that approval has been given in writing.

(c) A Member shall, upon written request from their Dean, provide all information on the nature and scope of related professional activities of a substantial nature, in so far as the information relates to a Member's duties and responsibilities as specified in this Article 18.

18.6.2 A Member shall not hold both a full-time appointment at the University and a full- time appointment at another institution or organization, except as provided in Article 17.8.

18.6.3 If the participation in activities described in clause 18.6.1 conflicts or interferes with the obligations, duties and responsibilities of the Member as defined in this Article 18, mutually satisfactory arrangements shall be made in advance between the Member and the Vice-President: Academic. Should the Member and the Vice- President: Academic fail to reach agreement, the Member is obliged to fulfil the duties and responsibilities set out in this Article 18.

19.1 Duties and Responsibilities

19.1.1 The rights, duties and responsibilities of Librarian Members derive from the academic, professional and collegial nature of their work in the Library and in the University, and from their position as members of the academic community. Librarians' duties and responsibilities shall be an appropriate combination of:

(a) Professional practice in the University Library;

(b) Academic and community service within the University;

(c) Scholarly and/or professional activity.

The exact distribution of individual duties and responsibilities may vary from time to time and from individual to individual. The normal workload of a Librarian Member shall balance professional practice, academic and community service, and scholarly and/or professional activity.

19.1.2 Professional Practice in the University Library:

(a) Librarian Members concern themselves primarily with the academic needs of the University community. Through the collection, organization, and dissemination of informational materials, they facilitate access to and expansion of the world of knowledge. They perform an instructional, consultative, and research role through formal and informal instruction in the methods and sources of bibliography; advice on library research techniques; direction towards appropriate resources of information; and the search and retrieval of specific information requested by the Library's users.

(b) Librarian Members' principal responsibilities shall consist of one or more of the following activities: public service, information service, collection development, acquisition of informational materials, cataloguing, bibliographical control, systems development, and any other recognized Library function performed by professional librarians.

(c) Librarian Members' responsibilities include participation in assigned Library administrative and committee work and keeping informed of trends in library and information science applicable to their duties and responsibilities.

19.1.3 Academic Service within the University: Academic and community service within the University includes the performance of administrative duties and membership on University or Association committees. Such academic and community service may be recognized as part of the Member's workload. Where participation on University committees or such other bodies is by election or appointment, a Member shall be elected or appointed only with their consent.

19.1.4 Scholarly and/or Professional Activity: Librarian Members shall be entitled to and shall be expected to engage in scholarly and/or professional activities. Scholarly activity includes but is not limited to bibliographical work; research in librarianship or other subject areas; creative work, completed course work, degrees, or programs of study; and the dissemination of such scholarship in publications, conference papers, lectures and other credible forums. Professional activity includes, but is not limited to, the planning, implementation, and participation in workshops or conferences; participation in scholarly, library and professional associations including OCUFA, CAUT, and NUCAUT; co-operative work with other libraries; and professional expertise used in service to the community at large.

19.1.5 The University agrees that Library functions commonly associated with the exclusive duties and responsibilities of professional librarians in Canadian universities should be performed by professional librarians, and the University will endeavour to assign responsibilities and workload accordingly.

19.1.6 The UL and the AUL shall ensure that the workload of Librarian Members shall be allocated in a fair and equitable manner. The AULs are responsible for assigning workload of Librarian Members within their organizational areas. AULs shall submit to the UL for approval a proposal for assigned workload for each Member. The variables to be considered when assigning workload include, but are not limited to the following:

(a) the needs of the Library;

(b) the professional expertise and experience of the Member;

(c) the Member's committee responsibilities, scheduled contact hours or tasks, and liaison activities;

(d) the Member's scholarly and professional activity; and

(e) the terms of the Member's appointment.

19.1.7 When the UL or supervising AUL proposes any significant changes in duties and responsibilities of a Librarian Member, the UL or supervising AUL shall first consult with the Member with a view to reach agreement on the proposed changes. If a
significant change in the Member's workload is implemented, the revised workload shall be in accordance with 19.1.6

19.1.8 If the UL or supervising AUL(s) proposes a significant change in the distribution of assigned work among 2 or more Librarian Members, or proposes changes which affect the assignment of Members to departments in the Library, the UL or supervising AUL(s) shall send a written proposal describing these changes to the librarians-in-council, and invite the librarians-in-council to comment and make recommendations. If such changes are implemented, any changes in Members' assigned workload shall be in accordance with 19.1.6.

19.1.9 Members engaged in research projects or scholarly studies have the right to apply for University support in the form of financial assistance, use of University facilities, and/or leaves of absence.

19.1.10 In support of Librarians' Scholarly and Professional Activity, the University shall enable Librarian Members who hold Provisional, Candidacy or Continuing Appointments, on full salary and within their regular workload, to pursue approved research projects or professional development opportunities.

19.1.11 To apply for time for a research or professional development project, a Librarian Member, prior to any time or financial commitment, shall submit to their supervising AUL, otherwise to the UL, a written proposal describing the project and the time required for it. Within 20 working days, the Member's supervising AUL, otherwise the UL, shall respond to the Member in writing stating whether the application is approved or denied. In the case of denial, there shall be a written statement of reasons.

19.1.12 When such a proposal is approved, the University shall provide release from normal responsibilities. Such release from normal responsibilities shall be scheduled by mutual agreement between the Librarian Member and the Member's supervising AUL, otherwise the UL. Within a contract year, the maximum release time for such projects shall be 22 days, or 11 days for Librarian Members who hold Limited Term Appointments.

19.2 Librarians' Workload

19.2.1 A Librarian Member's normal workload shall consist of duties and responsibilities specified in Article 16 and 19, and shall be performed within an average work week of 35 hours which includes evening and/or weekend service.

19.2.2 Hours of work shall be scheduled equitably, after consultation between a Member and their supervising AUL, otherwise the UL. One (1) evening every 2 weeks and 2 weekend days per term shall be the limit of an individual Member's assigned service in the evenings or on weekends, unless otherwise stated in the letter of appointment, or mutually agreed to, in writing with a copy to the Association, by the Member and their supervising AUL, otherwise the UL. Subject to the needs of the Library within the average of a 35 hour work week under 19.2.1, daily hours of work may be flexible. Upon written request in advance to their supervising AUL, otherwise to the UL, a Member may request to perform some of their duties off campus. In reviewing such requests the supervising AUL or the UL, as applicable, shall consider the needs of the Library and such requests shall not be unreasonably denied

19.2.3 For hours worked in excess of the normal 35 hour work period, and when such
excess work has been approved by the Member's supervising AUL, otherwise by the UL, Members shall be compensated by the equivalent time off.

19.2.4 A Librarian's workload not on the campus(es) to which the Member was appointed under 14.10.1 shall normally be assigned only with the Member's consent. In the exceptional circumstance that insufficient work is available for the Member on their home campus(es) and after all reasonable efforts have been made to assign the Member work on their home campus(es), workload may be assigned at a different campus(es) without the Member's consent.

19.3 Complement of Librarian Members

19.3.1 The number of Provisional, Candidacy and Continuing Appointments will be no less than 21.

19.4 Annual Report of Activities

19.4.1 Each Librarian Member shall submit to the UL, copied to the supervising AUL where appropriate, an Annual Report of Activities by May 5th of each year. The Annual Report shall include a statement of activities for the period from the previous May 1 to April 30. The Annual Report shall be copied to the Member's Official File. The Annual Report, which shall be completed on a standardized form supplied by the UL, shall include the following information:

(a) professional practice in the UL;

(b) academic and community service within the University;

(c) scholarly and/or professional activity.

19.4.2 Each year, by September 1, the University shall provide the Association with a summary report about what information has been compiled from any Annual Reports of Activities, for whom, and for what purposes.

19.4.3 The University shall be responsible for the security of the data contained in the Annual Report of Activities submissions.

19.4.4 By June 30, the UL, or supervising AUL where applicable, shall meet with the Member to review the accomplishments outlined in the annual report of activities and to discuss objectives for the following year.

20.1 Application and Conditions for Reduced Workload

20.1.1 An Appointment with Reduced Workload is an appointment in which a Member, at their request and subject to the University's approval, carries a reduced workload for a specified period of time.

20.1.2 A Reduced Workload shall normally constitute the same proportional reduction in each of the components of the Member's workload as specified in Article 18 or 19 as appropriate, except where the Member and the University agree to a variation. It may constitute a reduction throughout the academic year or a release from workload for a portion of the academic year or any combination thereof. It shall normally not involve a reduction of more than two-thirds of normal workload or a release from all workload for more than two-thirds of the academic year. The Reduced Workload shall continue for a specific period of time, and shall normally begin on any July 1 or January 1 and end on any June 30 or December 31.

20.1.3 A Member initiates the application for Appointment with Reduced Workload in writing to the Dean or UL, as appropriate, by requesting a change from full workload to reduced workload. A copy of the application will be sent by the Member to the Chair, or equivalent, of the academic unit or sub-unit, or in the case of a librarian member, to the supervising AUL, where appropriate, and to the Association. The final decision in the granting of the Appointment with Reduced Load shall be that of the Vice-President: Academic upon consideration of recommendations of the Dean, which includes the recommendation from the Department in accordance with 20.1.4, or UL, as appropriate. A request from a Member for Reduced Workload shall not unreasonably be denied, and the application shall be dealt with within 30 days of application.

20.1.4 When a Faculty Member requests a Reduced Workload Appointment, the Members of the academic unit or sub-unit shall recommend to the Dean how every part of the unassigned teaching and other duties should be assigned. The Dean shall include the Members' recommendation with their recommendation to the Vice-President: Academic, who shall take the said recommendations into account before making a decision. Every part of the assignable workload of a Faculty Member who has requested a Reduced Workload shall be made available in accordance with 18.2.8. Alternatively, it may be included in the planned workload of a new appointment to the Bargaining Unit.

When a Librarian Member is approved for a Reduced Workload Appointment, the unassigned library duties shall be assigned according to the provisions of 19.1.5, 19.1.6, and 19.1.7.

In all cases, the final decision of the Vice-President: Academic shall be communicated in writing, with reasons, to the Members of the unit or sub-unit

20.1.5 The application should include proposals for:

(a) the period of time for the Reduced Workload Appointment;

(b) a detailed plan of the nature of the reduction;

(c) any other conditions the applicant deems relevant.

20.1.6 The University shall negotiate the terms of a Reduced Workload with a Member, and the Member is entitled to have a Grievance Officer of the Association, or a Member of their choice, attend the negotiating sessions.

20.1.7 No Reduced Workload Appointment shall take effect unless and until the Member and the University agree in writing to all the terms and conditions of the Reduced Workload. When a Reduced Workload is negotiated, the duration of the agreement must be specified. When the agreement has been signed, the University shall send a copy of the agreement to the Association.

20.2 Rights of Member with Reduced Workload

20.2.1 A Member with Reduced Workload has all the rights under this Agreement of a Member on full load except as specifically excluded in the Reduced Workload Agreement. A reduced work load shall not change the Member's rights to security of employment. Time spent on Reduced Work load shall be prorated for the purpose of service for Sabbatical Leave or Academic and Professional Leave credit.

20.2.2 A Member with a Tenure or Continuing Appointment with Reduced Workload has all the rights of tenure or of a Continuing Appointment as defined, respectively, in Article 15 or 16.

20.2.3 A Member, who is on a Reduced Workload for the purposes of family care or elder care responsibilities, may elect to have their appointment extended by one year if:

(a) the Member's workload was reduced to 50% or less in any year during their provisional or candidacy appointments; or

(b) the cumulative reduction of the Member's workload is 75% or more over the term of their provisional and/or candidacy appointments.

An extension of appointment under this clause, 20.2.3, may only occur once during the Member's provisional or candidacy appointments. Notice of such extension shall be given one month prior to the application date for Candidacy, tenure or Continuing Appointment, as appropriate.

This clause does not apply to Members on Limited Term Appointments.

20.3 Salary and Benefits

20.3.1 For an Appointment with Reduced Workload, the Member's Reference Salary shall be proportional to the reduction in workload (e.g., a 50% reduction in workload means a 50% reduction in Reference Salary).

20.3.2 For an Appointment with Reduced Workload, the Member's Reference Salary shall be subject to all salary adjustments which would be applicable to that Member's salary had they had a full workload. During the negotiated period of service under the reduced workload, the actual salary received by the Member shall be a negotiated proportion of the Reference Salary.

20.3.3 Except as provided for in this Article 20, or as may be negotiated between the parties, a Member with Reduced Workload is entitled to full benefits related to their Reference Salary. For non-salary related benefits during a period of reduced workload, the University shall continue to pay its portion of the premiums for the Member's benefits. The Member has the option of making pension contributions on the basis of either their actual or Reference Salary, and the University shall make its contributions on the same basis. A Member on Reduced Workload who is on sick leave under 17.7 is entitled to receive 100% of their actual Salary during the period of the Reduced Workload Appointment.

20.3.4 While on Reduced Workload, the Member's Professional Expense Allowance under 38.2 shall be prorated on the basis of the Member's reduced salary. There shall be no reduction in the allocation of travel funds to the Member's academic unit or sub- unit, as provided for under 38.3.1.

20.3.5 The contributions and coverage under the Long Term Disability Plan shall be based on the Member's actual salary.

20.4 Members of the Bargaining Unit already on Reduced Workload when this Agreement takes effect shall be covered by all the terms and conditions of this Article, but nothing in this Article shall be deemed to prejudice the terms and conditions of employment of such individuals.

21.1 Administration of Faculties with Sub-Units

21.1.1 Each academic sub-unit, including Departments and undergraduate inter-disciplinary programs that exist outside of departments, in every Faculty except Education, Music, and Social Work, shall have a Chair or Program Coordinator, as appropriate. For purposes of this Agreement, the Associate Deans of Business shall be considered as having the duties of a Chair. The Chair or Program Coordinator shall be responsible to the University and to the members of the sub-unit for its orderly, effective and efficient operation. When representing the sub-unit on a committee or in an official capacity, the Chair or Program Coordinator shall present the sub-unit's position.

21.1.2 Each Chair and Program Coordinator shall be responsible for holding and chairing meetings of the sub-unit-in-council, and for reporting its recommendations to the Dean. The membership of the sub-unit-in-council shall include all Members of the Bargaining Unit in the academic sub-unit as voting members; Contract Academic Staff in accordance with Article 11.2.2 of the Part-time Collective Agreement, September 1, 2016 - August 31, 2019, with the elected representatives serving as the voting members; and other representatives as designated by sub-unit and Faculty policies. While a sub-unit-in-council may wish to recommend that particular administrative responsibilities be delegated to individual members of the sub-unit-in- council or to sub-committees, the sub-unit-in-council formulates recommendations concerning policy or the matters of interest to the sub-unit, and such recommendations shall be directed to the Dean, through the Chair or Program Coordinator.

21.2 Administration Within the Department of Business

21.2.1 The Department of Business in the Lazaridis School shall be subdivided into Areas and each Area shall have an Area Coordinator. The Area Coordinator shall be responsible to the University, through the Associate Dean(s) of Business, and to the Members of the Area for its orderly, effective and efficient operation. When representing the Area on Departmental Committees, the Area Coordinator shall present the Area's position.

21.2.2 Area Coordinators shall be responsible for holding and chairing meetings of their Areas and for reporting the Areas' recommendations to the appropriate Associate Dean of Business.

21.3 Administration Within Other Academic Units: The Faculty of Education, the Faculty of Music, the Faculty of Social Work, and the Library shall each elect a Temporary Chair. The Temporary Chair shall serve only as required under the provisions of Articles 13 and 15 as chair of the relevant Appointment and Promotion Committee in non-departmentalized faculties, and under the provisions of Articles 14, 16 and 21.6 as chair of the Librarian Appointment and Promotion Committee. By September 15 of each academic year, the Temporary Chair shall, in accordance with procedures agreed to by the Dean or UL, as appropriate, and the faculty-in-council or librarians-in-council, as appropriate, be elected for a one-year term.

21.4 Department Chairs and Program Coordinators

21.4.1 Appointment and Responsibilities

21.4.1.1 The term of office of a Chair or Program Coordinator shall be a maximum of 3 years, and the term of office may be renewed.

21.4.1.2 Prior to the expiry of the term of the Chair or Program Coordinator the Dean of the Faculty shall convene a meeting of the sub-unit-in-council, and shall conduct an election for the position. The election procedures shall include the following provisions:

(a) should there be more than 2 candidates for the position, on each required ballot, the candidate with fewest votes shall withdraw until 2 candidates remain on the ballot;

(b) when there are 2 candidates, a successful candidate needs to have majority support from the sub-unit-in-council;

(c) in the event of a tie in a vote with 2 candidates, subsequent ballots will be held until one candidate achieves a majority of votes cast;

(d) if under (b), no candidate has sufficient support, the Dean shall select which of the 2 candidates shall serve as Chair or Program Coordinator;

(e) if there is one candidate, the Dean shall conduct a referendum (a yes/no ballot), and the candidate requires a simple majority vote of the sub-unit-in-council to be elected;

(f) if the candidate fails to receive a majority under (d) or if there is no candidate willing to stand for election, the Dean shall appoint the Chair or Program Coordinator;

(g) any other procedures shall be agreed to by the Dean and the sub-unit-in-council. The Dean shall send sub-unit-in-council members and the Association and Faculty Relations copies of these procedures and any subsequent amendments prior to their coming into effect.

21.4.1.3 The duties of a Chair and Program Coordinator normally are:

(a) to call and preside over meetings of the sub-unit-in-council as required;

(b) to represent the sub-unit in administrative matters;

(c) to bring to the attention of the sub-unit-in-council for discussion and action matters pertaining to the work and efficiency of the sub-unit;

(d) after consultation with the sub-unit-in-council, to ensure that proposals requiring approval are brought forward;

(e) in consultation with Members of the sub-unit, to recommend course and teaching assignments to the Dean;

(f) to provide advice and coaching on teaching, and to review the aggregated data from the student teaching evaluations;

(g) to conduct at least one meeting annually with Members holding Provisional or Candidacy Appointments to provide support and guidance on tenure and promotion; discussions in this meeting will refer to the relevant Tenure and Promotion to Associate Professor Guidelines, once these guidelines are enacted in accordance with Appendix K.

(h) to advocate for resources and support for the sub-unit;

(i) to submit to the Dean, in writing, after consultation with the sub-unit-in-council, an estimate of the sub-unit's budgetary needs for the ensuing year;

(j) to bring to the attention of the sub-unit-in-council for discussion and action matters referred to it by the or Dean;

(k) to be available for consultation by individual Members of the sub-unit, and to convey and present recommendations to the Dean concerning any issues, including any advancements in salary, pursuant to the provisions of Article 30;

(l) to chair the Appointment and Promotion Committee and to forward the recommendations of this committee to the sub-unit-in-council and to the Dean;

(m) to chair the Part-time Appointment Committee (PTAC) and to forward the recommendations of this committee to the Dean;

(n) to participate in student recruitment and marketing efforts of the sub-unit;

(o) to coordinate the preparation of periodic program reviews and accreditations;

(p) to supervise staff in the sub-unit;

(q) to provide guidance to faculty in the sub-unit;

(r) such duties as are specified in this Agreement.

21.4.2 Procedures for Review and Removal

21.4.2.1 If the Dean has reason to review the performance of a Department Chair or Program Coordinator, the Dean shall request a meeting with the Chair or Program Coordinator by giving a written notice with a statement of the reasons for the meeting. This notice shall inform the Member of their right to be accompanied by a representative of the Association. The Dean's review shall assess the Department Chair's or Program Coordinator's performance under the terms of 21.4.1.3.

21.4.2.2 Within 5 working days of the meeting, the Dean shall provide the Department Chair or Program Coordinator a written report of the review under 21.4.2.1. If the Dean finds that a department vote of confidence is not warranted, no action shall be taken. The Dean shall inform the Department Chair or Program Coordinator, of this decision in writing.

21.4.2.3 If following the review, the Dean finds there are grounds for a further review, they shall advise the Member in writing that a meeting of the sub-unit-in-council will be called to conduct a vote of confidence in the Chair or Program Coordinator. The written notice shall include a statement of reasons for calling the vote of confidence to allow the Chair or Program Coordinator an opportunity to respond, and shall inform the Member in writing of their right to be represented by the Association.

21.4.2.4 Under this Article, a Department Chair or Program Coordinator may only be removed from office by a vote of non-confidence of the sub-unit-in-council. The Dean shall convene a meeting of the sub-unit-in-council, and shall provide members in attendance at the meeting with a copy of the Dean's statement of reasons for calling the vote of confidence. The proceedings of the meeting shall be as follows:

(a) the meeting shall be chaired by the Dean;

(b) 50% of full-time faculty members of the sub-unit shall constitute a quorum; only those present at the meeting shall be eligible to vote;

(c) the vote shall be by secret ballot;

(d) prior to the vote being taken, the Chair or Program Coordinator, or their representative from the Association, shall be given an opportunity to respond orally or in writing to the Dean's statement of reasons for the vote of confidence;

(e) the motion shall be put in the affirmative, "that the sub-unit has confidence in the Chair's or Program Coordinator's conduct of sub-unit affairs under 21.4.1.3;"

(f) if the motion is defeated by 50% plus one of the votes cast, the Chair or Program Coordinator has lost the vote of confidence

21.4.2.5 At any time in this process, the Department Chair or Program Coordinator may submit their resignation.

21.4.2.6 Following resignation, or removal from office after the vote under 21.4.2.4, the Chair or Program Coordinator will no longer receive a stipend, shall retain Sabbatical Leave credit up to the end of the academic term in which the Member has served as Chair or Program Coordinator, and there shall be no adjustment in their teaching load and/or research allowance for the duration of the academic term.

21.4.2.7 If a Department Chair or Program Coordinator is of the opinion that they do not have the support of sub-unit members, the Chair or Program Coordinator may call upon the Dean to conduct a vote of confidence under 21.4.2.4. In this case, the Department Chair or Program Coordinator shall provide the Dean and the members of the sub-unit-in-council with a written statement of reasons for calling for the vote.

21.4.2.8 Following the resignation or removal of the Department Chair or Program Coordinator, the sub-unit-in-council shall elect a new Chair or Program Coordinator under 21.4.1 or an Acting Chair or Program Coordinator under 21.4.4, as appropriate.

21.4.2.9 The provisions under 21.4.2 for the review and removal of Chairs or Program Coordinators shall apply to Associate Deans and Area Coordinators.

21.4.2.10 No documentation created pursuant to this clause 21.4.2 shall be retained in a Member's Official File nor used in any other process or procedure including, but not limited to, renewal, tenure, promotion, leave application or discipline.

21.4.2.11 The review and removal of an office-holder under 21.4.2 is non-disciplinary in nature and cannot be used in any way as part of a disciplinary investigation or decision under Article 26.

21.4.3 Recognition of Administrative Service

21.4.3.1 In recognition of departmental, administrative and other duties a Chair or Program Coordinator shall be compensated as per (a) and (b) below:

(a) A minimum annual stipend as specified in Article 30.11.1 of this agreement;

(b) As specified in the table below, a teaching load reduction and/or research allowance*,** in each academic year, and sabbatical credit for each three- year term:

Members in Chair and Program Coordinator appointments at the time of ratification of this Agreement will retain their current level of Course Release and Sabbatical Credit unless renewed.

*Members may elect a combination of Research Allowance and course release. For this purpose course releases are valued at $7,500.

**Roll-over of unused research allowance at the end of the appointment term will require approval of the Dean based on the submission of a research plan.

***For the purposes of this article, full-time equivalent (FTE) faculty shall be the average of the number of full-time faculty plus the average of the number of one- term half credit courses taught by Contract Academic Staff divided by 6 for the 3 previous academic years. For example, July 1, 2017 FTE faculty will be based on the 2013/14, 2014/15 and 2015/16 academic years.

21.4.3.2 An Associate Chair or Associate Program Coordinator assists the Chair or Program Coordinator with performance of the administrative duties outlined in 21.4.1.3. The distribution of duties shall be mutually agreed on by the Chair or Program Coordinator and the Associate Chair or Associate Program Coordinator. The term of office of an Associate Chair or Associate Program Coordinator shall be a maximum of 3 years, and the term of office may be renewed. Associate Chairs and Associate Program Coordinators shall be elected in accordance with 21.4.1.2. An Associate Chair or Associate Program Coordinator shall be granted a teaching load reduction of one (1) one-term course or a research allowance of $7500 in each academic year in recognition of administrative duties.

21.4.4 Acting Chair

21.4.4.1 For a vacation period, or other absence from campus of less than one (1) month, the Chair or Program Coordinator shall recommend and the Dean shall appoint an Acting Chair or Program Coordinator. No Member shall be so appointed without their consent.

21.4.4.2 If the Department Chair or Program Coordinator is on leave of absence or otherwise unable to fulfil the duties of the Chair or Program Coordinator for a period of longer than one (1) month and less than or equal to 12 months, the sub-unit-in- council shall elect an Acting Chair or Program Coordinator. The Acting Chair or Program Coordinator shall receive an administrative stipend for the period of service based pro rata on the administrative stipend of the Department Chair per article 21.4.3.1. If the Acting Chair or Program Coordinator serves for a period of one (1) term or more, they shall receive course release(s) on a pro rata basis in accordance with 21.4.3.1 (b). If the Department Chair or Program Coordinator is on leave of absence or otherwise unable to fulfil the duties of Chair or Program Coordinator for a period of longer than 12 months, they shall resign as Chair or Program Coordinator, and the Dean will conduct an election for a new Chair or Program Coordinator.

21.5 Area Coordinators: Appointment and Responsibilities

21.5.1 The term of office of an Area Coordinator shall be a maximum of 3 years, and the term of office may be renewed.

21.5.2 Prior to the expiry of the term of the Area Coordinator, the Associate Dean of Business shall conduct an election for the position of Area Coordinator in accordance with procedures agreed to by the Dean and the Members of the Department.

21.5.3 The duties of an Area Coordinator are:

(a) to call and preside over meetings of the Area as required;

(b) to bring to the attention of Members of the Area for discussion and action matters pertaining to the work and efficiency of the Area;

(c) in consultation with members of the Area to recommend course and teaching assignments to the Associate Dean;

(d) after consultation with Members of the Area to ensure advice concerning curriculum changes, promotion, tenure, Sabbatical Leaves, and appointments is brought forward;

(e) to assist the Associate Dean of Business in the recruitment of new faculty, in accordance with LOU#1, "Guidelines for Fairness and Equity in Appointments";

(f) to chair the Area Appointment Committee, and to forward the recommendations of this committee to the BDAP Committee and to the Associate Dean;

(g) to chair the PTAC and to forward the recommendations of this committee to the Dean;

(h) to represent the Area in administrative matters within the Department;

(i) to advocate for resources and support for the sub-unit.

21.5.4 In recognition of Area, administrative and other duties, a Member who at the ratification of this Agreement, or who during its term, is an Area Coordinator shall receive:

(a) an annual stipend as specified in Article 30 of this Agreement;

(b) in each academic year, a minimum teaching load reduction of 2 one-term courses.

21.5.5 Article 21.4.2 shall apply to the review and removal of an Area Coordinator.

21.6 Department Heads in the Library

21.6.1 Department Heads in the Library have administrative responsibilities, coordinating functions, and supervisory responsibilities for non-academic staff in the University Library. Subject to 21.6.2 below, each department in the Library shall have a Department Head.

21.6.2 Any changes to the administrative organization of the University Library involving changes to the number or allocation of Department Head positions, or alternative arrangements for the administration of departments, shall be subject to the agreement of the UL and the librarians-in-council.

21.6.3 If a Member resigns as Department Head or ceases to be Department Head for other reasons, the Member retains their Continuing Appointment and Rank.

21.6.4 To be eligible for consideration for a Department Head position, a Librarian Member must hold a Candidacy or Continuing Appointment.

21.6.5 The appointment procedure for Department Heads in the Library shall be in accordance with 14.9, subject to the following:

(a) under 14.9.3 and 14.9.9, the LAP Committee shall first conduct an internal search and interview internal candidates;

(b) should no internal candidate apply, or should no internal applicant meet the requirements of the position, the UL shall authorize an external search. The LAP Committee shall conduct an external search under 14.9.4;

(c) when a Librarian Member has applied for a Department Head Appointment, or the renewal of such an appointment, the UL shall provide a copy of the Member's Official File to the Librarian Appointment and Promotion committee within 10 days of receiving the application.

21.6.6 Each Department Head in the Library shall have a workload that is consistent with the provisions of 19.2. If the acceptance of a Department Head position results in a change to a Librarian Member's responsibilities, the Member shall be entitled to a reduction in their existing duties in recognition of the additional administrative workload. The form of this reduction shall be mutually agreed upon by the Librarian Member and the Member's supervising AUL, otherwise the UL.

21.6.7 The term of a Department Head shall normally be for a 5 year period, and may be renewed. Sixty days prior to the appointment coming to term, a Member holding a Department Head position shall inform the UL and the supervising AUL, where applicable, in writing if they wish to seek renewal or wishes to resign from the position of Department Head. Within 10 days of receiving this notice, the UL shall advise the LAP Committee to review the performance of the Department Head, or if the Member does not seek a renewal of the position, to conduct a search pursuant to 21.6.5.

21.6.8 Within 20 days of receiving the notice under 21.6.7, the LAP Committee shall review the performance of the Member seeking renewal and make a recommendation to the UL whether or not the appointment should be renewed for another term.

21.6.9 Within 10 days of receiving the recommendation under 21.6.8, the UL shall inform the Member and the LAP Committee whether or not the appointment is to be renewed. If the LAP committee makes a recommendation against renewal and the UL accepts this recommendation, or if the UL denies a positive recommendation from the LAP Committee, the UL shall provide the Member and the LAP Committee with a written statement of reasons.

21.6.10 A Member whose position as Department Head is not renewed retains their Appointment and Rank.

21.6.11 When a Member who is a Department Head goes on leave, the UL shall appoint a Member as Temporary Department Head. A Member shall only serve as Temporary Department Head with their consent. The period of leave of a Department Head shall not be for a period of longer than 12 months. If the Member's leave is for longer than 12 months, the Member shall resign as Department Head and a new Department Head shall be appointed.

21.6.12 Department Heads shall receive an administrative stipend under 30.11.

21.6.13 A Department Head on leave shall relinquish the administrative stipend for the period of the leave. The Temporary Department Head shall receive an administrative stipend on a pro rata basis for the period of service as Department Head.

21.7 Department Undergraduate Officers and Graduate Officers

21.7.1 In departmentalized Faculties, each department shall have an undergraduate officer, or equivalent. This officer assists the Chair and the department-in-council in the administration of the department, provides academic counselling to students in the program, and performs other duties as appropriate.

21.7.2 Each academic unit or sub-unit with a graduate program shall have at least one (1) graduate officer, or equivalent. This officer assists the department-in-council in the development, planning and administration of the graduate program including the recruitment of students, administration of applications, academic counselling of students, administration of graduate committees, thesis and other examinations, and serves as the department liaison with the Dean of Graduate and Postdoctoral Studies and Graduate Faculty Council.

21.7.3 Undergraduate officers and graduate officers are appointed annually by the department-in-council. No member shall be appointed without their consent.

21.7.4 Each undergraduate officer and each graduate officer, or equivalent, shall have at least a teaching reduction of a one-term course. In light of the number of students in the program, and/or the variety and complexity of degrees and programs of studies to be administered, the Dean may provide an additional course release and/or an administrative stipend. The minimum stipend shall be one-half of the stipend provided to the Department Chair. The Dean shall advise the Department Chair and the department-unit-in-council of the course release(s) and administrative stipends, if any, for the undergraduate officer and graduate officer before Members are appointed to these positions.

22.1 General: In accordance with the University's general commitment to non-discrimination, as contained in Article 8, and to the principles of employment equity, the Parties recognize that particular measures are required to promote equity in the employment of those who identify as Indigenous persons, women, racialized persons, persons with disabilities, persons who are in a visible minority in Canada, and persons in a sexual and/or gender minority hereinafter collectively referred to as "the equity-seeking groups".

22.2 Equity in Employment

22.2.1 Consistent with the principles of employment equity, the Parties are committed to eliminating or modifying those employment policies, practices, and systems, whether formal or informal, shown to have an unfavourable effect on the appointment, retention, remuneration, and promotion of members of the equity-seeking groups.

22.2.2 The University agrees to maintain search procedures in academic units and sub- units which require an active search for qualified persons from the equity-seeking groups, including:

(a) advertisements which include the statement that the University is committed to employment equity and welcomes applications from qualified members of the equity-seeking groups;

(b) other such measures as authorized by the Dean or UL in consultation with the Chair or equivalent representative of Members of the academic unit or sub-unit, and the Employment Equity Coordinator.

22.2.3 The Parties agree that it is desirable for the University's employee complement to change over time to reflect the evolving composition of Canadian society, including appropriate representation of the equity-seeking groups.

(a) Based on a process of self-identification, the University shall maintain an ongoing employee data base to identify membership in the equity-seeking groups.

(b) For the purpose of defining under-representation by equity-seeking groups and for the reports on the composition of academic units and sub-units under 22.2.4, it shall be determined that under-representation exists when there is a gap between the actual and expected representation, based on data from Statistics Canada, when available, otherwise on sector benchmarks.

(c) In order to ensure that the final stages of any appointment competition adequately reflect the diversity of Canadian society, appointment committees shall take special care not to eliminate at early stages potentially qualified candidates from equity-seeking groups.

(d) Where there are no applicants from any of the under-represented equity-seeking groups for a position, or where the Department (or equivalent) Appointment and Promotion Committee recommends a short-list for interview which does not include a candidate(s) from one of the under-represented equity-seeking groups, the Dean or UL shall review the process reports of the Chair and the Equity Representative of the Appointment Committeee prior to approving the short-list, as outlined in articles 13.13.14 and 14.9.14, and may, in light of ·ï»Ë²ÊƱƽ̨'s institutional priorities related to equity, diversity and inclusion, decide to continue with the existing short-list, to extend the competition deadline, to undertake additional advertising, or to take other measures needed to diversify the applicant pool.

(e) Subject to Article 8.2, the person who best meets the qualifications for the position as advertised shall always be recommended for appointment. However, where the qualifications of the leading candidates for appointment meet the qualifications for the advertised position equally, and one indentifies as a member of an under-represented equity-seeking group, the candidate from an under-represented equity seeking group shall be deemed the best qualified and shall be recommended for appointment. If the leading candidates meet the qualifications for the advertised position equally, and more than one is from an under-represented equity-seeking group, the Department (or equivalent) Appointment and Promotion Committee shall forward the names of these candidates to the Dean, and the Dean shall select the candidate for appointment in accordance with Departmental Equity Report and ·ï»Ë²ÊƱƽ̨'s institutional priorities related to equity, diversity and inclusion.

(f) At the time of making a hiring recommendation to the Dean/UL, the Department Appointment and Promotion Committee or equivalent shall create reports, as outlined in Articles 13.13.18 and 14.9.17, which includes:

(i) a report by the Equity Representative(s) outlining measures taken by the Committee to ensure equity in hiring;

(ii) a rank-ordered short-list which formally presents the qualifications of each candidate and the reasons for the ranking.

The Dean or UL shall review these reports prior to recommending any formal offer of appointment.

22.2.4 To assist with appointment procedures, the Vice-President: Academic by September 30 of each academic year shall provide the Deans and the UL witih a report on equity in the academic unit or sub-unit, including, as available, under-representation of equity-seeking groups.

22.2.5 At the commencement of the hiring process, and prior to posting, the Appointment and Promotion Committee chair and Equity Representative(s) will be provided with detailed information regarding under-representation in their academic unit or sub-unit.

22.2.6 Equity in Tenure and Promotion: The Parties recognize that the careers of Members from equity-seeking groups may be impacted by systemic discrimination. The following measures shall be implemented to protect against forms of systemic discrimination in tenure and promotion:

(a) the University is committed to creating an environment of equity in career advancement, the evaluation of candidates in peer review processes, University grants, merit awards, and salary adjustments. Where equity barriers are proven to exist, the University, in consultation with the Association, shall work to eliminate such barriers;

(b) any committee involved in peer review shall have an Equity Representative as per Article 13.12.1(f) and 14.8.1(d)

(b) in addition, an Equity Representative shall sit as a non-voting member of the Senate Promotion and Tenure Committee. One Equity Representative and 2 alternates shall be selected by agreement between the President and the President of the Association from a list of Members approved annually by the Joint Liaison Committee. These Members shall receive equity training as outlined in Article 22.5.1, and shall act as a resource to the Committee on equity processes, procedures and issues, and shall submit an annual report identifying any equity-related concerns or recommendations to the Bilateral Equity, Diversity and Inclusion Advisory Committee with copies to the President of the Association and the chair of the Senate Promotion and Tenure Committee.

22.3 Equity and Accessibility Officer: The University agrees to continue to staff the position of Equity and Accessibiliity Officer, reporting to the President or designate, to assist the University in fulfilling its commitment to non-discrimination, as stated in 8.1, and its commitment to promote employment equity, as stated in this Article.

22.4 Bilateral University-Association Equity, Diversity and Inclusion Advisory Committee:

22.4.1 To help create an inclusive work environment free from discrimination for Members and to assist with the implementation of the equity provisions of this Agreement, the Parties agree to establish a Bilateral University-Association Equity, Diversity and Inclusion Committee within 60 days of the ratification of the Agreement. This committee shall consist of:

(a) 3 representatives appointed by the Association, at least 2 of whom shall identify as members of an equity-seeking group and at least one of whom shall be from the Brantford Campus;

(b) 3 representatives appointed by the President, at least 2 of whom shall identify as members of an equity-seeking group and at least one of whom shall be from the Brantford Campus;

(c) the Equity and Accessibility Officer, who shall be a non-voting member.

One of the Association representatives and one of the University representatives shall serve as co-chairs of the Committee.

22.4.2 The Bilateral University-Association Equity, Diversity and Inclusion Committee shall, with respect to Members, identify and make recommendations for addressing any systemic barriers in recruitment, hiring, employment, retention and promotion that discriminate against Members from equity-seeking groups. The Committee may:

(a) identify and review best practices for equity, diversity and inclusion;

(b) provide information and recommendations to the University Employment Equity Advisory Committee and the Bilateral Committee on Systemic Equal Pay Issues concerning the realization of the University's commitment to non-discrimination and equity in the employment of members of the equity-seeking groups;

(c) review reports by Faculty Colleagues and the Equity Representatives on the Senate Promotion and Tenure Committee;

(d) assist with the planning and preparation of equity training and information for Members, such as those items under 22.5.1, 13.13.15(b) and 14.9.15(b).

The Committee shall, at the call of the co-chairs, meet at least three times per year to fulfil its mandate and obligations under this clause 22.4. Copies of all Committee reports and recommendations shall be provided to the President and the Association.

22.5 Employment Equity Workshop and Information

22.5.1 By September 15 of each academic year, the University, in consultation with the Association, shall provide an Employment Equity Workshop for chairs and Equity Representatives of Appointment and Promotion Committees, and for Members who are designated to serve as Equity Representatives or other peer-review committees or on the Senate Promotion and Tenure Committee under the provisions of this Article 22. Chairs and Equity Representatives of Appointment and Promotion Committees and Equity Representatives on the Senate Promotion and Tenure Committee shall participate in this workshop prior to acting in the role during their first year in the position, and at least once every 3 years thereafter.

22.5.2 The University shall provide the following information to the Association:

(a) by September 30th of each academic year, the reports listed in 22.2.4;

(b) the equity reports that the University publishes as required by the federal government, and as related to Members.

23.1 The University may implement a program redundancy, as defined in 23.3, only on the recommendation of Senate, and only for academic reasons under 23.5.

23.2 Subject to 11.1.2 of this Agreement, and the provisions of this Article, the Parties recognize the authority of Senate to restructure the University's academic programs by introducing new programs, by changing existing programs, or by cancelling programs.

No Member shall either:

(a) be transferred except in accordance with Article 35.4 or this Article; or

(b) be laid-off, terminated, or otherwise penalized with respect to terms and conditions of employment and/or rights or privileges relating to employment for academic reasons except in accordance with this Article.

23.3 Program Redundancy refers to the cancellation of an academic program when such cancellation results in the transfer (except in accordance with 35.4), lay-off, termination, or other detrimental change in the terms and conditions of employment of a Member. An academic program is one (1) or more of:

(a) a group of courses approved by Senate which may lead to a diploma, certificate, or degree;

(b) an academic unit or sub-unit which delivers such a group of courses;

(c) any other academic unit or sub-unit to which Members are assigned.

23.4 If the University proposes to declare a program redundancy, it shall inform Senate and the Association in writing, and provide a copy of the plan for the program redundancy, a detailed statement of the academic reasons for such a proposal, and its reasons for believing that the transfer or lay-off of Members of the academic unit or sub-unit affected may be required.

23.5 Program redundancy may be declared only for bona fide academic reasons as determined by Senate. If low student enrolment is argued as a bona fide academic reason, it must be demonstrable that a major decline has occurred which has produced a condition of low enrolments for at least 3 consecutive years, and that there is no reasonable probability of an increase in enrolment over the next 3 years.

23.6 As of the date of the notice given in 23.4, in the academic unit or sub-unit in which the redundancy is proposed and in related units and sub-units, Limited Term Appointments shall be allowed to expire, and the University shall impose a moratorium on the hiring of new Members in those academic units and sub-units until a negative finding of the Redundancy Committee or Senate under 23.14, or until the transfers and lay-offs under 23.17 have taken effect. During the same period, the University shall not create any new administrative positions which would be excluded from other collective agreements to which the University is bound.

23.7 Upon receipt of the notification in writing under 23.4, Senate shall institute a Redundancy Committee, as provided for under 23.8, with the mandate to determine if bona fide academic reasons exist for the declaration of a program redundancy under 23.13.

23.8 The Redundancy Committee shall consist of the following:

(a) 2 members appointed by the University;

(b) 2 members appointed by the Association;

(c) an independent non-voting chair selected by the other 4 members of the Committee.

In the event that no agreement can be reached on an independent chair, then the Committee shall include 3 representatives from the University and 3 representatives from the Association, with the Committee chaired jointly by one (1) representative of the Association and one (1) representative of the University. No member of the Redundancy Committee shall belong to the academic unit or sub-unit affected by the proposed redundancy, nor shall any member of the Committee have participated in the preparation of the University's proposal under 23.4.

23.9 The Redundancy Committee shall meet within 10 days of its appointment and shall establish its own procedures.

23.10 The University shall cooperate with the Redundancy Committee in its deliberations and shall provide all documentation necessary to establish to the satisfaction of the Committee whether bona fide academic reasons exist for a declaration of program redundancy.

23.11 The Redundancy Committee shall provide all interested persons or groups with a full opportunity to make submissions prior to formulating its report to Senate.

23.12 Within 40 working days of its first meeting, the Redundancy Committee shall submit a written report to Senate with a copy to the Association.

23.13 The Redundancy Committee shall determine whether:

(a) bona fide academic reasons exist for the declaration of a program redundancy; or

(b) bona fide academic reasons do not exist for the declaration of a program redundancy.

23.14 If the Redundancy Committee reports to Senate that bona fide academic reasons do not exist for a declaration of program redundancy, no further action shall be taken. If the Redundancy Committee reports that bona fide academic reasons exist for a program redundancy, Senate may confirm or reject the finding of the Committee.

23.15 If the Redundancy Committee and Senate declare that bona fide academic reasons exist for a declaration of program redundancy, the President or designate shall prepare a detailed plan for the implementation of the program redundancy proposed under 23.4. This plan shall be in accordance with the terms of this Collective Agreement, shall affect Members' terms and conditions of employment only to the extent necessary to alleviate the academic problem identified under 23.4, and shall be based on sound academic reasons. The plan shall include:

(a) a list of Members affected by the redundancy;

(b) a list of academic and administrative positions to which each such Member could be transferred with or without retraining, considering their academic and professional qualifications;

(c) a list of all other options other than lay-off, including but not limited to research/study leaves, voluntary early retirement, voluntary resignation, voluntary transfer to Reduced Load status, and redeployment;

(d) a statement whether the options under (b) and (c) above satisfy the requirements of the redundancy plan; and,

(e) if the options under (b) and (c) do not meet the requirements of the redundancy plan, a list of Members to be laid-off, with a statement of the academic and professional reasons why each individual Member is selected for lay-off. Where a Member consents in writing to the lay-off a statement of academic and professional reasons need not be given.

23.16 Within 20 days of the Senate recommendation under 23.14, the redundancy plan under 23.15 shall be sent to the Association for comment. The Association shall make its comments in writing to the President within 20 days of receipt of the redundancy plan.

23.17 Within 20 days of receipt of the Association's comments, and with due consideration of these comments, the President shall present to both the individual Members concerned and the Association the plan for the transfer, retraining, or lay off of Members. Members may be transferred, retrained, or laid-off only in accordance with the provisions of this Collective Agreement.

23.18 Members made redundant by a program redundancy shall be transferred to or retrained for other academic or administrative positions in the University. Such transfer shall be subject to the provisions of 23.19 and 23.20. Lay off of Members for academic program reasons may occur only if no suitable positions are available through transfer or retraining considering their academic and professional qualifications.

23.19 The Member or Members may be transferred to another unit or sub-unit in the University for which they are qualified only with their written consent and with the consent of the Members in the unit or sub-unit to which the redundant Member is to be transferred. The consent of this academic unit or sub-unit shall not be unreasonably withheld. Rank, Reference Salary, benefits and seniority shall be transferred with the Member or Members. Any transfer of a Member to an administrative position outside of the Bargaining Unit shall be on terms and conditions satisfactory to the Member and the University. A Member transferred under this Article shall retain recall rights pursuant to 24.18, 24.19 and 24.20. If recalled to a position in the Bargaining Unit, the Member's category of appointment and rank shall be reinstated. The Member shall receive credit for years of service, and the Member's Reference Salary shall be restored including all increments and adjustments which would have accrued while the individual was excluded from the Bargaining Unit.

23.20 When retraining is approved by the University, and the Member and Members in the unit or sub-unit to which the Member is to be transferred have agreed on the transfer, a position shall be reserved for the Member until the training period is complete and the Member assumes their position in the new unit or sub-unit. If the retraining is approved by the University, the University shall pay all reasonable costs relating to the plan of retraining.

23.21 If no transfer is available or if a proposed transfer is refused, the University shall provide each such Member who is to be laid off or who resigns with the same provisions as under Article 24, specifically under 24.17, 24.18, 24.19, and 24.20.

23.22 Members who are laid off shall enjoy full access to University facilities, including office and laboratory space, as and when available, and reasonable access to library and computer services until alternative academic employment is secured, or their recall rights expire or recall is refused, whichever first occurs. In addition, laid off Members, their spouses and their dependants shall receive full tuition waivers for any courses taken at the University during the same period.

23.23 While a Member is on lay off under the provisions of this Article, the University will not contribute towards benefits but will permit and facilitate continuance of any coverage if desired by the Member who will pay the applicable premiums.

23.24 The cost of the Redundancy Committee established under this Article shall be borne by the University.

24.1 No Member shall be terminated, dismissed or otherwise penalized with respect to terms and conditions of employment and/or rights or privileges relating to employment for financial reasons except in accordance with this Article. Members may be laid off in accordance with this Article if a state of financial exigency has been declared by the Board according to the procedures contained in this Article. A state of financial exigency is defined as a situation in which the University faces substantial and potentially chronic financial losses which threaten the continued functioning of the University unless the budgetary allocation for salaries and benefits of Members is reduced.

24.2 In the event that the Board considers that a financial exigency exists within the meaning of 24.1, it shall give notice to the Association within 5 days that it intends to act in accordance with the procedures set out below. As of the date of such notice, Members may have contracts renewed, but no new appointments may be made, that is, no person shall be appointed to a position in the Bargaining Unit covered by this Agreement. As of the date of such notice, the University undertakes to make no additional appointments to the administrative complement.

24.3 Within 10 days of giving notice that it considers a financial exigency exists, the Board shall forward to the Association all financial documentation relevant to the proposed state of financial exigency. The documentation shall be sufficiently detailed that by usual accounting principles a state of financial exigency can be evaluated.

24.4 Within 15 days of the notice specified in clause 24.2 above, the Board shall establish a Financial Commission which shall review the material on the state of financial exigency and either:

(a) verify to the Board that it confirms the existence of such a financial exigency; or

(b) report to the Board that such a financial exigency does not exist.

24.5 The Financial Commission shall consist of 5 members, 2 of whom shall be appointed by the Board, and 2 of whom shall be appointed by the Association. An independent chair shall be selected by the other 4 members of the Commission, and in the event the other members of the Commission cannot agree on a chair, the chair shall be named by the Senior Ontario Court (General Division) Judge presiding in Kitchener. No member of the Financial Commission shall be a government official.

24.6 The University shall cooperate with the Financial Commission in its deliberations and shall provide all documentation necessary to establish to the satisfaction of the Financial Commission whether a state of financial exigency exists within the meaning of this Article.

24.7 The Financial Commission shall establish its own procedures.

24.8 The Financial Commission shall invite and consider submissions on the University's financial condition. It shall consider:

(a) whether the University's financial position constitutes a genuine financial crisis that involves a deficit for at least one (1) financial year which is projected by generally accepted accounting principles to continue, and constitutes a problem sufficiently grave that the University's continued functioning would be endangered unless the budgetary allocation for salaries and benefits of Members is reduced;

(b) whether the reduction of the number of Members and/or the reduction in the salaries and benefits of Members is a reasonable way to effect a cost saving given the primacy of academic goals within the University;

(c) whether other means of achieving savings have been explored and utilized;

(d) whether every reasonable effort has been made to secure further assistance from the provincial government and to improve the University's revenue position by any other means including borrowing and the disposal of assets not essential to the functioning of the University;

(e) whether enrolment projections are consistent with the intended reduction in the complement of Members;

(f) whether all other means of reducing the complement of Members including voluntary early retirement, voluntary resignation, voluntary transfer to Reduced Load status, and redeployment have been considered and utilized; and,

(g) any other matters that it considers relevant to the proposed financial exigency.

The Financial Commission shall answer each of (a) to (f) above, as well as any other specific questions that arise under (g).

24.9 The Financial Commission shall make its report to the Board within 3 months of its appointment. If the Financial Commission verifies that there is a state of financial exigency, it shall recommend the amount of reduction in expenditure that is required. It shall also recommend the proportion of that reduction that will be achieved by laying off Members, or by other means of reduction in expenditures on Members' salaries and benefits.

24.10 When the report of the Financial Commission verifying that a financial exigency exists is made known to the Association, the Association shall invite Members to recommend proposals for the use of voluntary measures to bring about savings in expenditures for Members' salaries and benefits.

24.11 If the Financial Commission verifies that a financial exigency exists, a 30 day period shall elapse before any procedures for lay-offs are invoked. During that period, the Parties shall meet and consider the recommendations of the Commission with respect to the implications of the financial exigency. It shall be open to the Parties, notwithstanding any provisions to the contrary of this Agreement, to renegotiate provisions of this Agreement bearing directly on salaries and benefits, or to reach other mutually acceptable emergency methods of reducing expenditures that could avert lay-offs or decrease the number of lay-offs. Reductions in salaries and benefits of Members shall not exceed the amount of such reductions in salaries and benefits recommended by the Financial Commission pursuant to 24.9.

24.12 If, pursuant to 24.11, the Parties fail to reach agreement on measures to reduce salaries and benefits within 30 days of the report of the Financial Commission, the University may reduce the budgetary allocation for salaries and benefits of Members in accordance with the procedures set out below. Reductions in salaries and benefits of Members shall not exceed the amount of such reductions in salaries and benefits specified by the Financial Commission pursuant to 24.9.

24.13 In the event that the Financial Commission has found that no financial exigency exists in the sense of 24.8, the Board shall be precluded from invoking the provisions of this Article for the lay off or reduction in the salaries and benefits of Members for 12 months from the date of the report of the Commission.

24.14 Seniority shall be established by the date upon which continuous employment with the University commenced. Seniority shall not be affected by leave taken in accordance with this Agreement or leave taken under any previous terms and conditions of employment.

24.15 Members who are to be laid off under this Article shall be provided with written notice of the reasons. Lay-offs under this Article shall not be treated or recorded as dismissals for cause. Members shall be laid off in the following order:

(1) Members who are on Limited Term Appointments;

(2) Members holding Provisional Appointments;

(3) Members holding Candidacy, Continuing, and Tenured Appointments.

Within the above categories, the order of lay off shall be based on reverse seniority. If 2 or more Members have equal seniority, the order of seniority will be decided by lot. Under category 3 Members holding Candidacy, Continuing, and Tenure Appointments, an exception to the order of reverse seniority may be made under the following conditions:

(a) where the continued existence of an academic program requires the retention of the services of a Member who would otherwise be chosen for lay off under this provision; or

(b) where designated groups, as defined under 22.2.3, in an academic unit or sub-unit, are under-represented or would become under-represented.

24.16 After the selection of the Members who are to be laid off, but prior to the implementation of such lay-offs, the University shall make every reasonable effort to secure positions elsewhere in the University, including administrative positions, for those individuals who are to be laid off. Individuals who accept such alternative employment shall be given the opportunity to retrain for their new duties, and the University shall pay any necessary and related tuition fees. Any transfer to another academic unit or sub-unit shall require the written consent of the Member and the consent of Members in the receiving unit or sub-unit. The consent of this academic unit or sub-unit shall not be unreasonably withheld. Rank, Reference Salary, benefits and seniority shall be transferred with the Member or Members. Any transfer of a Member to an administrative position outside of the Bargaining Unit shall be on terms and conditions satisfactory to the Member and the University, and the Member shall retain recall rights pursuant to 24.19, 24.20 and 24.21.

24.17

(a) For each Member serving or having contracted to serve on a Limited Term or a Provisional Appointment who is selected for lay off, the University shall provide the lesser of 6 months' written notice of the proposed date of lay off or 6 months' salary in lieu of notice, or notice that the University will honour all contractual obligations to the Member but that no subsequent appointment will be offered.

(b) For each Member who is serving or has contracted to serve in a Candidacy, Tenured, or Continuing Appointment who is selected for lay off, the University shall provide:

(i) 15 months' written notice of the proposed date of lay off or 15 months' salary in lieu thereof or a combination of salary and notice totalling 15 months; and,

(ii) one month's salary for each year of service in the University, which shall be no less than 6 months' salary for Members with Tenure or Continuing Appointments, to a maximum of 24 months.

Pursuant to the above, all payments shall be based on the individual's annual Reference Salary at the date of lay off.

24.18 Members who are laid off, or who voluntarily accept Reduced Load appointments, or who are transferred to a position outside of the Bargaining Unit shall have, for a period of 4 years from the date of lay off, a right of first refusal for any post in their former academic unit or sub-unit, unless the University can substantiate that the post is so specialized that it cannot be filled by the candidate or by a re-arrangement of the duties of other Members of the same academic unit. The University shall be entitled to send any such notice to the Member's last known address by registered mail. It shall be the Member's obligation to inform the University of their then current address. In addition, each Member who is laid off shall have a right of first refusal for any other vacant post in the University for which they are qualified.

24.19 Individuals who are recalled pursuant to 24.18 shall have up to 2 months following receipt of notice to accept such recall offer, and a reasonable period, not to exceed 12months, to terminate alternative employment and take up the offered post. Failure to accept recall is deemed to be a resignation. Members on lay-off who are subsequently recalled shall repay any portion of the allowance pursuant to 24.17 which exceeds the salary they would have received had they continued to occupy their normal positions in the University.

24.20 Each Member who is recalled to an area or post which is not within their original discipline retains a full right of first refusal for any opening in their original discipline.

24.21 Members who are laid off shall enjoy full access to University facilities, including office and laboratory space, as and when available, and reasonable access to library and computer services until alternative academic employment is secured, or their recall rights expire or recall is refused, whichever first occurs. In addition, laid off Members, their spouses and their dependants shall receive full tuition waivers for any courses taken at the University during the same period.

24.22 While a Member is on lay off under the provisions of this Article, the University will not contribute towards pensions and benefits but will permit and facilitate continuance of any coverage if available and if desired by the Member who will pay the applicable premiums.

24.23 The cost of the Financial Commission established under this Article shall be borne by the University.

25.1 Harassment

25.1.1 The Parties are devoted to learning, research, scholarship, creativity, professional expertise, and personal development in a student-centred environment. In accordance with University Policy 6.1 Prevention of Harassment and Discrimination, the University is committed to providing an environment for study, teaching, research work and recreation for all members of the university community that is supportive of professional and personal development and free from all forms of harassment and/or discrimination as outlined in the Occupational Health and Safety Act and the Ontario Human Rights Code.

25.1.2 The Parties agree to abide by University Policy 6.1, Prevention of Harassment and Discrimination, in effect and as revised and restated on June 19, 2014, or the same as may be amended by the Board as required by law during the term of this Agreement.

25.1.3 The Parties acknowledge the need for investigations that are both fair and prompt, and that there is the potential for harm to respondents and complainants if the process of response, investigation, report and action on the report is not carried out as promptly as possible.

25.1.4 In the event that the Senior Advisor Dispute Resolution & Support has a conflict of interest, or knows of any other circumstance which would inhibit fulfilling their role in a fair and impartial manner, the Senior Advisor shall report the existence of such circumstances to the University Secretary & General Counsel who shall appoint a designate to serve in place of the Senior Advisor Dispute Resolution & Support.

25.1.5 The University will notify the Association of any disciplinary action toward a Member arising from University Policy 6.1 Prevention of Harassment and Discrimination.

25.1.6 Subject to 25.1.1, harassment does not include matters of fair and free expression provided for under Article 7: Academic Freedom.

25.1.7 Reprisals, retaliation or threats of reprisals against anyone for pursuing their rights under this Article, for having participated in the procedures, or for acting in any role under these procedures are prohibited.

25.1.8 By June 1st each year, the Senior Advisor Dispute Resolution & Support shall make an annual report to the President with a copy to the Association. This report shall provide a statistical record of complaints, informal resolutions, mediations, and formal investigations, and shall include any observations and recommendations the Senior Advisor Dispute Resolution & Support may have with respect to this Article

26.1 General

26.1.1 A Member may be disciplined only for just and reasonable cause including persistent failure to discharge teaching responsibilities as defined in 18.2.4.1. Such disciplinary action shall be reasonable and commensurate with the seriousness of the violations.

26.1.2 The only disciplinary measures that may be taken by the University are the following:

(a) a letter of warning or reprimand;

(b) suspension with pay;

(c) suspension without pay;

(d) dismissal for cause.

26.1.3 Except for action taken under Article 26.3, all disciplinary action shall be initiated within 30 days of the date the University knew, or ought reasonably to have known, of the occurrence of the matter giving rise to the discipline.

26.1.4 Medical disability shall not be cause for reprimand, suspension or dismissal. When the University judges a Member's performance to be inadequate and believes this inadequacy may be the result of illness, the University may require that they undergo a medical examination. If there is then evidence that the inadequate performance is the result of illness, the Member shall be placed on sick leave. If the Member in such a case challenges the determination, the advice of a second physician of the Member's choice shall be obtained. If the 2 physicians disagree, they shall agree on a third, who shall adjudicate and decide on the matter.

26.1.5 If a Member is relieved from duties pending the outcome of the procedures of 26.1.4, the Member shall not be deemed to be on sick leave and shall receive full salary and benefits. If pursuant to 26.1.4, it is determined that the Member's inadequate performance is due to medical reasons, then the Member shall receive benefits in accordance with 17.7.2.

26.1.6 Letters of warning or reprimand must be clearly identified as being disciplinary measures, must contain a clear statement of the reasons for taking this action and shall be delivered by registered mail.

26.1.7 Failure of the Member to grieve a letter of reprimand or warning at the time of receipt of the letter shall not be deemed an admission of the validity of the reprimand or the warning.

26.1.8 Any record of disciplinary action not involving violence or harassment will be removed from the Member's official file after 2 years, provided that no subsequent allegation of similar misconduct has been confirmed or is under investigation and the member has not been on leave, exclusive of Sabbatical Leave or Librarians' Academic and Professional Leave.

26.2 Suspension

26.2.1 Suspension is the act of the University in relieving a Member of all University duties for cause without their consent.

26.2.2 When the University suspends a Member with or without pay, the University shall give written notification by receipted registered mail to the Member's last known address of the dates of commencement and termination of the suspension together with a written statement of reasons. The University shall notify the Association of the Member's suspension.

26.3 Dismissal for Cause

26.3.1 Dismissal for cause means the termination of an appointment by the University without the consent of the Member. The Member shall continue to receive their then current salary, salary increases and benefits while grievance and arbitration proceedings are pending in accordance with the provisions of 26.3.3(b).

26.3.2 When the President and the Dean of the Member's Faculty or the UL, where appropriate, are satisfied that there is cause to justify that a Member be dismissed, they shall forthwith notify the Member by receipted registered mail to the Member's last known address of their intention to proceed with dismissal with a detailed written statement of reasons. A copy of the notification of dismissal shall be sent to the Association.

26.3.3 If, within 20 days of receipt of the written dismissal notice, the Member grieves, and the grievance proceeds to arbitration, the following procedures shall apply:

(a) pursuant to 27.6.3, the Parties agree that a single arbitrator shall be utilized, and that both Parties shall expedite the hearing of the matter so that a decision shall be rendered within at most 4 months from the appointment of the arbitrator;

(b) the University shall pay the Member's salary and benefits until the decision of the arbitrator is received or for the period of 4 months from the appointment of the arbitrator whichever is the lesser.

26.3.4 The Parties agree that in order to expedite the hearing, the arbitrator shall be chosen according to the rota in Article 27.6.3 and must agree to render the decision within a period of 4 months.

26.4 Criminal Charges and Conviction

26.4.1 The Parties recognize that action of a Member may result in disciplinary action or criminal action or both. The Parties further recognize that a criminal charge or conviction is not in itself grounds for discipline or dismissal. Any disciplinary action which follows from the events that give rise to the charge or conviction shall be subject to all the protection of this Agreement.

26.4.2 In the event that a Member is accused of an offence which requires a court appearance, they shall be granted leave of absence without loss of benefits and pay, to which they would otherwise be entitled, for the actual time of the appearance. In the event that the accused Member is jailed awaiting a court appearance, they shall receive leave without pay. The Member shall have the option of taking annual vacation leave to which they are entitled in lieu of all or part of the leave without pay.

26.4.3 If a Member is incarcerated following a conviction, and the University does not elect to discipline the Member, they shall be granted leave of absence without pay for a maximum period of 2 years. The Member shall have the option of taking annual vacation leave to which they are entitled in lieu of all or part of the leave without pay.

26.4.4 As far as circumstances allow, a Member who has been charged or convicted shall continue to pursue their normal University duties.

26.4.5 The University shall encourage and participate in a rehabilitation program for a Member who has been convicted.

27.1 General

27.1.1 The parties agree to use every reasonable effort to encourage the informal, amicable, and prompt resolution of grievances arising from the administration, interpretation or application of this Agreement. The only matters that may be grieved are Grievances (27.3.1) and no other matters may be grieved.

27.1.2 The Association shall have carriage of all Individual, Group and Association grievances. No grievance may proceed to Step I unless and until it has been assumed by the Association.

27.1.3 Grievances shall be filed by receipted hand delivery, unless otherwise agreed to by both parties. All other written communications pursuant to this Article shall be by ·ï»Ë²ÊƱƽ̨ e-mail and followed by hard copy through interoffice mail, unless otherwise agreed to by both parties.

27.1.4 Unless the parties expressly agree otherwise, exchanges of information and offers of settlement at a pre-grievance or Informal Stage meeting shall be kept confidential by the participants and shall be deemed to have been made without prejudice, and as such in any subsequent proceedings related to that grievance information shall be presented de novo.

27.1.5 The contents of Article 1 (Preamble) shall not be made the subject of a grievance but may be referred to by either Party to this Agreement to demonstrate the declared intentions of the Parties at the time this Agreement was entered into. It is further provided that all recommendations and decisions made pursuant to the Research Grant Programs, Instructional Development Grant Programs and the Academic Development Program shall not be subject to grievance.

27.1.6 In order to provide for the orderly and timely settlement of grievances and to fulfil the provisions of 27.1.1 there shall be both an informal and a formal resolution procedure. The informal procedure is set out in 27.5. The formal procedure is set out in 27.6 and shall, with the exception of those grievances initiated at Step II, be a sequential three-step process as follows:

Step I: is set out in 27.6.1;

Step II: is set out in 27.6.2;

Step III: Arbitration is set out in 27.6.3;

with the possibility for final resolution at any step.

27.2 Time Limits and Technical Irregularities

27.2.1 Time Limits: Where no action is taken to submit the matter to the next step within the time limits set out in this Article, the grievance shall be deemed to have been withdrawn or settled, as the case may be.

In the event a party fails to reply in writing within the time limits prescribed in this Article, the other party may submit the matter to the next step as if a negative reply or denial had been received on the last day for the forwarding of such reply.

The parties may agree to extend any time limits specified in either the grievance or arbitration procedures. In addition, the arbitrator or the arbitration board may extend the time for the taking of any step in the grievance procedure under the Agreement, notwithstanding the expiration of such time, where the arbitrator or the arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

27.2.2 Technical Irregularities: No minor technical violation or irregularity occasioned by clerical, typographical or similar technical error in the grievance and arbitration procedures shall prevent the substance of a grievance being heard and judged on its merits, nor shall it affect the jurisdiction of the arbitrator.

27.3 Definitions

27.3.1 Grievance: A Grievance shall be any dispute or difference arising out of the application, interpretation, administration, or alleged violation of the provisions of this Agreement.

27.3.2 Types of Grievance:

(a) Individual Grievance is a grievance initiated by the Association on behalf of a single Member. Where 2 or more Members have a common grievance, the Association is entitled to initiate a separate grievance with respect thereto on behalf of each such Member.

(b) Group Grievance is a grievance initiated by the Association on behalf of 2 or more Members involving the same dispute against the University. The grievance shall name the Members involved and shall only be initiated with the written consent of all such named Members.

(c) Association Grievance is a grievance initiated by the Association which may, but need not, relate to an actual dispute involving an individual Member or group of Members.

(d) University Grievance is a grievance initiated by the University against the Association.

27.3.3 Nothing in this Article shall be deemed to preclude the Association from initiating an Association Grievance which also is the subject of an Individual or Group Grievance, nor shall the initiation of an Association Grievance preclude an Individual or Group Grievance. Where grievances are similar, the parties agree to make the necessary arrangements to hear the grievances jointly.

27.3.4 There shall be no discrimination, harassment or coercion, of any kind, practiced against any person involved in these procedures.

27.4 Grievances to be filed at Step II

27.4.1 The following grievances shall be filed at Step II of this procedure:

(a) Association Grievances;

(b) University Grievances;

(c) Grievances filed under Article 13, 14, 15, 16 or 17.1, 17.2, 17.3;

(d) Individual Grievances that involve the suspension or termination of a Member under Article 26, or the termination of a Member under Article 24, or that involve allegations of infringement of academic freedom under Article 7, or allegations of discrimination under Article 8, or allegations of research misconduct under Article 37.

27.4.2 The grievance shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought.

27.5 Informal Stage

27.5.1 A Member who has any dispute or difference arising out of the application, interpretation, administration or alleged violation of the provisions of this Agreement may arrange a meeting with the appropriate Dean/UL or AUL to explore possible resolutions. The Member has the right to be accompanied by an Association representative at the meeting. Nothing in 27.5.1 and 27.5.2 prevents the Member from proceeding directly to the grievance procedure.

27.5.2 If the dispute or difference is resolved at this step, the Member, the Dean, the UL, or the relevant AUL, has the right to have the agreed resolution put in writing and countersigned by all parties, in which case a copy shall be provided to the Association. Such resolution shall be without prejudice or precedent with respect to any future disputes.

27.6 Steps in the Formal Grievance and Arbitration Procedures

27.6.1 Step I

27.6.1.1 If the Informal Stage is unsuccessful in resolving the dispute or difference or the Member did not use the Informal Stage, the Association may present a formal grievance to the Dean/UL.

27.6.1.2 The Association shall, within 20 working days of the date on which the events giving rise to the grievance occurred, or within 20 working days of the date upon which the grievor knew of the events giving rise to the grievance, whichever is later, present a formal grievance to either the grievor's Dean, or the UL. A formal grievance shall be in writing signed by the grievor(s), and shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought.

27.6.1.3 No later than 10 working days following the receipt of the grievance, the Dean/UL or representative shall meet with the Association Grievance Officer, and shall make every reasonable attempt to resolve the grievance. At the option of the Association, the grievor may be present at this meeting.

27.6.1.4 If the grievance is resolved at this step, such settlement shall be reduced to writing and countersigned by the Association Grievance Officer and the Dean, or the UL or representative within 7 working days after the date of the first meeting specified in 27.6.1.3. The Dean or UL shall, within 3 working days after the date on which the settlement was countersigned, forward a copy of the settlement to the Association and to the grievor. Such settlement shall not constitute a precedent to be used against the University, the Association, or any other Member.

27.6.1.5 In the event that the Association Grievance Officer and the Dean or UL, as the case may be, cannot resolve the grievance within 10 working days after the date of the first meeting specified in 27.6.1.3, then the Dean or UL, as the case may be, shall within 3 working days after the expiration of this period, forward in writing to the Association Grievance Officer reasons for denying the grievance with a copy to the Association and to the grievor.

27.6.2 Step II

27.6.2.1 Failing a resolution at Step I, or in the event the grievance is filed initially at Step II, pursuant to 27.4, the Association Grievance Officer shall, in consultation with the grievor, reduce the grievance to writing and shall specify the article or articles alleged to have been violated and the remedy sought. The Association Grievance Officer shall forward the written report on the grievance to the Vice-President: Academic, with a copy to the Association and to the grievor: for grievances initiated at Step II, within 20 working days of the date the events giving rise to the grievance occurred, or within 20 working days of the date upon which the grievor knew of the events giving rise to the grievance, whichever is later; or for grievances not resolved at Step I, within 10 working days of receipt of the decision from the Dean or UL.

27.6.2.2 No later than 5 working days following receipt of the grievance, both Parties shall provide to each other all documents upon which they rely in respect of the grievance. Where documents to be relied upon include confidential materials in accordance with 12.2.2, each Party shall label such documents "Confidential" and shall retain them in an envelope separate from other documents produced in the grievance. The Parties shall restrict access to confidential material to only those individuals who will advise or decide on the grievance, including the Vice-President: Academic or representative, and the Association representative(s). An individual Member shall not be shown confidential material without the express written consents of the Parties, the author of the confidential material, and any individual who is the subject of the confidential material. Either Party may request from the other copies of any other document(s) it considers to be relevant to the grievance, and such requests shall not unreasonably be denied. In the event that the Party from which production has been requested refuses to produce the requested document(s), it shall provide its reasons for its refusal in writing within 5 working days of the request.

27.6.2.3 No later than 10 working days following receipt of the grievance, the Vice- President: Academic or representative shall meet with one (1) or more Association representative(s), and shall make every reasonable attempt to resolve the grievance. In the event that a settlement is reached, it shall be reduced to writing and countersigned by the Vice-President: Academic or representative and the Association Grievance Officer.

27.6.2.4 In the event that no settlement is reached within 10 working days after the date of the first meeting under 27.6.2.3, the Vice-President: Academic shall within 3 working days after this 10 day period, forward in writing to the Association Grievance Officer and to the Association reasons for denying the grievance.

27.6.2.5 Step II: University Grievances: A University Grievance shall be in writing and shall specify the article or articles alleged to have been violated and the remedy sought. The grievance shall be forwarded to the President of the Association within 20 working days of the date the events giving rise to the grievance occurred, or within 20 workings days of the date upon which the University knew of the events giving rise to the grievance, whichever is later. No later than 10 working days following receipt of the grievance, a representative of the Association shall meet with a representative of the University and shall make every reasonable attempt to resolve the grievance. In the event that a settlement is reached, it shall be reduced to writing and countersigned by the representatives of the Association and the University. In the event that no settlement is reached within 20 working days of the date of the first meeting hereunder, the representative of the Association within 3 working days thereafter shall forward in writing to the University reasons for denying the grievance.

27.6.3 Step III: Arbitration

27.6.3.1 Notice to Arbitrate: Either party shall be entitled, within 40 working days of the date upon which denial of the grievance is received by the grievor under 27.6.2, to forward written notice to the opposite party that it intends to proceed to final and binding arbitration with the grievance.

27.6.3.2 Appointment of Arbitrator: The notice referring the matter to arbitration under 27.6.3.1 shall specify whether the party referring the matter to arbitration desires a single arbitrator or a board of arbitration, and if the latter, shall specify the party's appointee to the board of arbitration and shall be delivered to the other party in writing. The other party shall, within 15 days of the receipt of the notice, advise the party referring the matter to arbitration if the party does not wish a single arbitrator, and, if applicable, the name of its appointee to the board of arbitration. The party referring the matter to arbitration shall appoint its nominee within 10 working days of being advised of the appointee of the other party. It is the right of the University or the Association to have any grievance referred to arbitration heard by a board of arbitration rather than by a single arbitrator.

27.6.3.3 Where either party chooses to have a three-person board of arbitration, it shall consist of an appointee of each of the parties and a chair to be chosen jointly by the appointees within 15 days after receipt of appointment of the second of them. If either party fails to name an appointee within the time specified above, or if the 2 appointees fail to agree upon a chair within the time specified above, the appointment may be made by the Minister of Labour of the Province of Ontario upon the request of either party. Unless exceptional circumstances dictate to the contrary, the arbitration hearing shall be held within 3 months of the date of the selection of the chair.

27.6.3.4 Where a single arbitrator is selected to hear the grievance, the following shall apply:

(a) the parties agree that the following persons will be asked to serve as a single arbitrator, on a rotating basis, so long as this Agreement continues to operate: 

• • • Louisa Davie
    • William Kaplan
    • Pamela Picher
    • Russell Goodfellow
    • Larry Steinberger
    • Paula Knopf

(b) the persons specified in (a) above shall serve as single arbitrators in rotation according to the order in which they are listed. If an arbitrator is not available or agreeable to commence hearings within 45 days of being notified of the requested appointment, the next person on the list shall be selected, and so on, until one (1) of those on the list is available. For the next arbitration thereafter, the person who appears on the list immediately after the arbitrator last selected shall be next in the sequence of selection. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on the list;

(c) if none of the persons on the list specified in (a) above can or will act within the required time, and if the parties do not agree on another arbitrator in accordance with (b) above, the parties within 15 days shall ask the Ontario Minister of Labour to appoint a single Arbitrator.

27.6.3.5 The Parties agree that no person who is an employee or student of the University, a member of the Board, the Senate or the Association, or was so at the time the grievance was initiated, or who has been involved with the negotiation of this Agreement shall be appointed an arbitrator, or be a member of the board of arbitration.

27.6.3.6 In any arbitration involving a matter in dispute under Articles 7, 13, 14, 15, 16, 17, 18, or 19, the appointees shall select a chair who has held a faculty or librarian appointment in a Canadian university for at least 5 out of the last 10 years.

27.6.3.7 Duties and Powers of the Arbitrator or the Arbitration Board:

(a) The arbitrator or arbitration board shall make a final and binding settlement of the differences between the Parties and for that purpose, has all the duties and powers of an arbitrator or arbitration board as stated in the Ontario Labour Relations Act, 1995, as amended from time to time and, in addition has the following duties and powers:

(i) to determine all questions of fact or law that arise;

(ii) effective upon the ratification of this Agreement, to grant such interim orders as the arbitrator or arbitration board considers appropriate, including the continuation or reinstatement in employment of a Member who has been denied Appointment with Tenure under Article 15, or Continuing Appointment under Article 16, and whose appointment terminates before the grievance is settled;

(iii) to make such orders or give such directions in proceedings as they or it considers appropriate to expedite the proceeding or to prevent the abuse of the arbitration process.

(b) An arbitrator or arbitration board shall not have jurisdiction to amend, modify, or act inconsistently with this Agreement.

(c) A board of arbitration shall determine its own rules of procedure and evidence which shall be fair, just and equitable.

(d) Where an arbitrator or arbitration board determines that a Member has been discharged or otherwise disciplined by the University for cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator or arbitration board may substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board seems just and reasonable in all the 
circumstances.

27.6.3.8 Costs: Each Party shall bear the costs of its appointee to a board of arbitration, and the costs of the chair shall be shared equally. The costs of a single arbitrator shall be shared equally by the Parties. If so requested by the arbitrator(s) and if such space is available, the University shall provide meeting space on the University campus.

28.1 Definition: For the purpose of benefits described in this Article 28, "spouse" means either:

(i) a person who is married to an employee; or

(ii) a person who has been cohabiting with an employee continuously for a period of not less than one year.

28.2 Tuition Waiver Benefits and Day Care

28.2.1 Tuition Benefits: The Parties agree that the tuition waiver shall continue to be available for eligible graduate and undergraduate programs offered at the University. A Member and a Member's Dependant Children and Spouse are eligible for a tuition waiver benefit as follows:

Tuition Waiver: Members, and with the Member's written permission, a Member's Dependant Children and Spouse are eligible for a tuition waiver equal to the tuition fees charged for undergraduate and graduate courses taken at ·ï»Ë²ÊƱƽ̨ and at the Martin Luther University College. Credit courses and degree programs that receive government grant funding are eligible for the waiver. Non-credit and deregulated courses and programs are not eligible for the waiver. Tuition fee waivers for international students shall be limited to the value of the domestic fees for the equivalent course or program.

For the purpose of this section, "Dependant Children" means biological, adopted or step-children who are under 26 years of age and either live at home or are financially supported by the Member.

The tuition waiver program will only be applied to an eligible course once. If a member, dependant or spouse drops a course after the allowable add/drop date or fails a course, the tuition waiver will not apply to that same course in the future.

Members who voluntarily terminate employment with the University, with the exception of retirement under 35.2 or 35.3, will be required to pay back 100% of the value of the tuition waived for all courses taken by the Member in the 12-month period prior to their last date of employment.

28.2.2 Members receiving benefits under the Long Term Disability Plan, their Spouses and Dependant Children, the Spouses and Dependant Children of Members who die in service, and Members who retire from ·ï»Ë²ÊƱƽ̨ and their Spouses and Dependant Children shall also be entitled to Tuition Benefits under 28.2.1.

28.2.3 Day Care: The University agrees to continue to make available to Members a daycare program at locations appropriate to the Waterloo and Brantford campuses. In light of the increased demand for places by Members, other employee groups and students, the University agrees to maintain advisory committees with representation from all user groups to review day care arrangements for the Waterloo and Brantford campuses.

28.3 Athletic Facility Use and Parking

28.3.1 Members shall have the right to use the University's athletic facilities on the Waterloo campus upon payment of an annual fee of $273.23 plus taxes, or a per term fee of $91.40 plus taxes, effective May 1, 2021, $278.69 plus taxes, or a per term fee of $93.23 plus taxes, effective May 1, 2022, and $284.27 plus taxes, or a per term fee of $95.09 plus taxes effective May 1, 2023.

The annual fee for Members of the Brantford campus to use the ·ï»Ë²ÊƱƽ̨ Brantford YMCA is $410.60 plus taxes effective May 1, 2020 for an Adult General Membership. The annual fee will be adjusted annually on May 1 by 2%.

28.3.2 In each contract year, Members shall have the right to park in the University's designated parking lots upon payment of an annual permit fee. Effective July 1, 2020 the annual fee will be $491.76 plus applicable taxes. Effective July 1, 2021 the annual fee will be increased by 3% plus applicable taxes. Effective July 1, 2022 the annual fee will be increased by 3% plus applicable taxes. The University shall maintain no less than 925 spaces in Waterloo, 95 spaces in Brantford and 29 spaces in Kitchener exclusively for the use of faculty and staff, excluding reserved spaces. The parking lots designated for the use of faculty and staff shall be reserved for their use Monday to Thursday, 8:30 a.m. to 10:00 p.m., and Friday 8:30 a.m. to 5:00 p.m. Annually on May 1, the University shall provide a statement to the Association of the total number of parking spaces available to Members on the Waterloo campus and on the Brantford campus, and the total number of parking permits purchased by Members.

28.4 General Liability Insurance

28.4.1 The University shall maintain General Liability Insurance protection for Members under the policy in effect on January 1, 2014.

28.4.2 When a Member is involved, or is likely to be involved, in circumstances giving rise to legal action against the University or the Member which flows from the Member's performance of duties as an employee, the University shall:

(a) notify the Member within 30 days of a formal notification of a potential adverse situation, circumstance, investigation, inquiry or complaint which might lead to legal action against the Member;

(b) provide the Member with full disclosure of all information relating to the case;

(c) compensate the Member for time off in attending the court case or formal hearing related to a potential or actual case.

28.5 Benefits for Retirees

28.5.1 Subject to 28.5.2, Members who have retired according to the provisions of this Agreement, or who are receiving benefits from the Long Term Disability Plan, will continue to be members of the Extended Health Care Plan and the Dental Care Plan on the same terms as Members, except that the benefit amount available to retirees under the Extended Health Care Plan will be limited to a maximum of $30,000 per calendar year.

28.5.2 Members must have completed at least 10 years of consecutive, full-time service at the University immediately prior to retirement in order to be eligible to continue as members of the Extended Health Care Plan and the Dental Care Plan as per 28.5.1 above.

Members who withdraw the commuted value of their pension will not be eligible for Post-Retirement Benefits.

28.5.3 Members will pay 15% of the premiums for retirees eligible under 28.5.2

28.5.4 Retired Members, and those receiving benefits from the Long Term Disability Plan shall have access to the University Library, University computing facilities, the athletic facilities, and to parking on the same basis as Members. Retirees with Emeritus Status shall also have access to research granting agencies through the Office of the Vice-President: Research, where applicable.

28.5.5 For Members who are eligible for post-retirement benefits, and who retire early and have an alternate benefit plan through employment elsewhere, the alternate plan will be the first payer on benefit claims and the University shall serve as the second payer. In no case shall a retired Member be denied benefits under this provision.

28.6 Member Benefit Plans

28.6.1 The terms and levels of benefits in effect as of the ratification of this Agreement are defined by legislation and by the respective Benefit Plans. During the term of this Agreement, the University agrees to maintain the existing Benefit Plans listed in 28.6.2, except as they are modified by this Agreement, or except as, with the consent of the Association, changes are made to the benefits provided to Members under these plans. All changes will be extended to Members as of the effective date of the change.

28.6.2 For the purposes of this Agreement the Benefit Plans, in addition to the Ontario Health Insurance Plan, are those in effect as of October 1, 2013 as follows:

(a) Extended Health Care Plan;

(b) Dental Care Plan;

(c) Basic Group Life Insurance Plan;

(d) Long Term Disability Plan;

(e) Optional Group Life Insurance Plan;

(f) Optional Accidental Death, Dismemberment and Loss of Sight Plan.

28.6.3 The Parties agree to the Trial Drug Program available through the Extended Health Care Plan. The Parties also agree to implement the Enhanced Generic Substitution Program, effective July 1, 2015.

28.6.4 The Parties agree that the annual maximum under paramedical expenses for psychologists, psychotherapists, Masters of Social Work and Clinical Counsellors shall be increased to $1,500 per benefit year effective July 1, 2020.

28.6.5 The Parties agree that effective July 1, 2020 the maximum for vision care, including prescription sunglasses, shall be $500 every 24 months.

28.6.6 The Parties agree that effective July 1, 2020 the amount for hearing aids shall be $1,000 every 24 months.

28.6.7 The Parties agree that effective July 1, 2020, the annual maximum under paramedical expenses for services other than those outlined in 28.6.4, 28.6.5 and 28.6.6 shall be $600 per benefit year.

28.6.8 The Parties agree that effective July 1, 2020, dental recall examinations will be covered every 9 months per benefit policy.

28.6.9 The University shall pay 100% of the costs for the plans listed in 28.6.2, except for (a) Long Term Disability Plan, (e) Optional Group Life Insurance, and (f) Optional Accidental Death, Dismemberment and Loss of Sight Plan.

28.6.10 The Parties agree that representatives of the Association shall participate in the selection and recommendation of the carrier(s) of (d) Long Term Disability Plan, (e) Optional Life Insurance, and (f) Optional Accidental Death, Dismemberment and Loss of Sight Plan. These plans shall be put out to tender unless the insurer can match rates in place at other comparable institutions.

28.6.11 Members Who Continue in Employment beyond the Normal Retirement Date:

28.6.11.1 Members who continue in employment beyond the Normal Retirement Date, and who are less than age 70, shall be members of the benefit plans listed in 28.6.2 under the following conditions:

(a) Members who continue in employment beyond the Normal Retirement Date shall be members of the Extended Health Care Plan, Dental Care Plan and Optional Accidental Death, Dismemberment and Loss of Sight Plan;

(b) Members who continue in employment beyond the Normal Retirement Date shall be members of the Basic Group Life Insurance Plan with coverage of an amount equal to 1.0 times the Member's Reference Salary;

(c) Under the Optional Group Life Insurance Plan, Members who continue in employment beyond the Normal Retirement Date shall have the option of converting to an individual insurance policy with the Member paying the premiums;

(d) Membership in the Long Term Disability Plan shall end when a Member reaches the Normal Retirement Date.

28.6.11.2 Members who continue in employment past age 70 shall continue to be Members of the Extended Health Care Plan and Dental Care Plan on the same basis as Retirees as described in 28.5.1, save and except the requirements under 28.5.2.

28.7 Information and Reporting

28.7.1 The University agrees to supply the Association with:

(a) a copy of the master policy of each of the plans specified in clause 28.6.2;

(b) copies of all correspondence between the University and the carriers of the respective plans which pertains to dividends or other performance rebates.

28.7.2 The University agrees to report to the Association (in such a way as to not breach confidentiality of individuals) all problems arising with respect to the application of these plans to Members.

28.7.3 The University shall provide all Members with information with respect to the benefit plans in force. Such information shall be provided each year on July 1 and on the effective date of any changes in those plans.

28.8 Reimbursement for Relocation Expenses

On the presentation of the appropriate receipts, each new Member shall be reimbursed for 90% of relocation expenses for moving to within 60 kilometres of the Member's home campus. Reimbursement of relocation expenses for a move to more than 60 kilometers from the Member's home campus requires approval by the Vice-President: Academic.

Reimbursement for moving expenses is based on the following sliding scale. Upon pre-approval from the Provost & Vice-President: Academic, the Dean or UL may provide a greater amount of the reimbursement for Members hired into Provisional, Candidacy, Tenured or Continuing Appointments.

For Members hired into a Provisional, Candidacy, Tenured or Continuing Appointment:

a) Up to a maximum of $5,000 for a move within Canada;

b) Up to a maximum of $6,000 for a move from another country

For Members hired into a Limited Term Appointment:

a) Up to a maximum of $2,000 for a move within Canada;

b) Up to a maximum of $2,500 for a move from another country

Relocation expenses shall only apply where the move is completed within 6 months of the start date of the appointment. Receipts must be presented within 3 months of the relocation. Eligible expenses shall be in accordance with the University's guidelines on relocation expenses, which includes the cost of insurance on household and personal effects during the move.

28.8.1 Members transferred to a campus other than the campus to which they were initially hired are entitled to 90% of relocation expenses up to $5,000 for moving to within 30 kilometres of the Member's new home campus.

29.1 The Pension Plan

29.1.1 The Parties agree to continue the ·ï»Ë²ÊƱƽ̨ Pension Plan, in effect and as revised and restated on January 1, 2012, or as the same may be amended by the Board from time to time during the term of this Agreement. Any amendment to the Plan during the term of this Agreement shall be subject to the agreement of the Association. For the purposes of any dispute arising under Article 29, the terms and conditions of the Pension Plan shall be those described in the copy of the Plan filed with the Pension Commission.

29.1.2 A Member who is eligible to transfer funds from a previous employer's pension plan directly to the WLU Pension Plan may choose to have such funds placed as additional voluntary contributions or placed in the Money Purchase Plan with service credit for the funds transferred. In the case of service credit, the Member shall receive upon request to the University the actuary's report which will include a statement of the years of service credit. An estimate of the pension income resulting from the proposed transfer will be provided upon request.

29.1.3 All full-time employees of the University are eligible to become enrolled in the WLU Pension Plan on the first day of the month coinciding with or following their first day of employment with the University.

29.1.4 Members shall make contributions of 8% for earnings below the YMPE and 10% for earnings above the YMPE of a Member's Reference Salary to the Member's Money Purchase Account. The University shall make contributions of 7% of a Member's Reference Salary to the Member's Money Purchase Account and in addition, shall contribute such amount as is certified by the plan Actuary as appropriate to make provision for the funding of the benefits to be provided from the Minimum Guarantee Pension.

The University will make both the Member and University contributions to the Member's Money Purchase Account for any Member, who by reason of disability, is in receipt of Long Term Disability Benefits from the University's insurance provider.

Effective January 1, 2016, Members who withdraw the commuted value of their pension will not be eligible for Post-Retirement Benefits.

29.1.5 Subject to legislative limitations, the Minimum Guaranteed Pension Benefit will be adjusted annually by an amount equal to the increase in the Consumer Price Index for the previous year, to a maximum of 4% per year, cumulative from retirement for service accrued up to December 31, 2012. For service accrued under the Minimum Guarantee Pension Benefit on or after January 1, 2013 the Minimum Guaranteed Pension Benefit will be adjusted annually by an amount equal to 50% of the increase in the Consumer Price Index (CPI) for the previous year, to a maximum adjustment of 4% per year, but no accumulation from retirement will apply.

29.1.6 For members who take early retirement from active service with the University, the early retirement reductions in effect on December 31, 2012 will apply to the portion of the member's Minimum Guaranteed Pension Benefit for service accrued up to December 31, 2012. For the Minimum Guaranteed Pension Benefit based on service accrued on or after January 1, 2013 the reduction will be 3% per year if retirement is between age 60 and age 65 and an additional reduction of 5% per year for each year prior to age 60.

29.1.7 Supplemental Pension Arrangement: Members of the Bargaining Unit whose pension contributions equal or exceed the maximum annual amount prescribed by the Income Tax Act (Canada) or the minimum Guaranteed Benefit accrued on behalf of the Member exceeds the maximum annual pension benefit permitted under the Income Tax Act (Canada) shall be members of the Wilfrid ·ï»Ë²ÊƱƽ̨ Supplemental Pension Arrangement for all service on or after July 1, 2003.

29.2 Retirement

29.2.1 Normal Retirement Date

29.2.1.1 The Normal Retirement Date for a member of the WLU Pension Plan shall be the first day of the month coincident with or next following the Member's 65th birthday, or the first day of July next following the Member's 65th birthday. For reasons of orderly planning, it is expected that Faculty Members will normally retire on July 1 or at the end of an academic term rather than in the middle of an academic term in which the Member has teaching duties.

29.2.1.2 Members will make contributions to the WLU Pension Plan, and by so doing, will receive the required University contributions and credit for pensionable service.

29.2.1.3 Subject to 29.2.2 pension benefits are paid monthly commencing on the first of the month following retirement.

29.2.2 Employment beyond the Normal Retirement Date

29.2.2.1 Members who continue in employment beyond the Normal Retirement Date, under 29.2.1, will be required to either:

(a) commence receiving pension payments at the Normal Retirement Date under 29.2.1.1, in which event both the Member and the University will cease contributions to the WLU Pension Plan and the period of service will not be counted as pensionable service for the calculation of pension benefits; or

(b) continue to make contributions to the WLU Pension Plan and, by so doing, for the purposes of pension benefit calculations, receive required University contributions and additional pensionable service for the period worked.

29.2.2.2 Members who continue in employment past the Normal Retirement Date under 29.2.1 will be required to commence receiving pension payments no later than the end of the calendar year in which the Member attains age 71 or such later date as may be permitted under the Income Tax Act at which time both the Member and the University will cease contributions to the WLU Pension Plan and the period of continued service will not be counted as pensionable service for the calculation of pension benefits.

29.2.3 Early Retirement: A Member may retire on the first day of any month following the attainment of age 55. A retirement after age 55 and before 65 is considered an early retirement ("Early Retirement"). For reasons of orderly planning, it is expected that Faculty Members will normally retire on July 1 or at the end of an academic term rather than in the middle of an academic term in which the Member has teaching duties.

29.2.4 Phased-in Retirement Option

29.2.4.1 A Member over age 55 with a combination of age and years of service equal to or greater than 70 may opt for a Phased-in Retirement option. This option provides for a reduced load appointment under the terms of Article 20 plus enhancements of the Member's actual salary. The period of the Phased-in Retirement shall be for 3 years prior to the Member's retirement. Once having taken up this option, the Member is committed to retire on the date specified in the Phased-in Retirement agreement. The latest date on which a Member may complete the Phased-in Retirement option shall be June 30 following the Member's 71st birthday. Members on Phased-in- retirement shall continue to participate in University benefits plans, subject to 28.6.7.

29.2.4.2 During the phased-in retirement period, a Faculty Member shall have a reduced workload agreed upon by the Member and the Dean. The reduction in workload will be established based on the reduction in teaching workload, which may vary in each year of the phased-in retirement, and salaries and benefits in each year shall be adjusted according to the agreed upon workload. Over the three-year period, the teaching workload shall be at least 140% and not more than 180% of the Faculty
Member's normal teaching load, defined as the annual teaching load norm under 18.2.1.1, rounded to the nearest course. In each year of the phased-in retirement period, the teaching workload shall be not less than 40% and not more than 80% of the Faculty Member's normal teaching load, rounded to the nearest course.

29.2.4.3 During the phased-in retirement period, a Librarian Member shall have a reduced workload agreed upon by the Member and the UL. This reduced workload may vary in each year of the phased-in retirement, and salaries and benefits in each year shall be adjusted according to the agreed upon workload. Over the three-year period, this workload shall be at least 140% and not more than 180% of the Librarian Member's normal workload, defined as the annualized average work week under 19.2.1. In each year of the phased-in retirement period, the workload shall be not less than 40% and not more than 80% of the Librarian Member's normal workload.

29.2.4.4 During the phased-in retirement period, the Member's Reference Salary shall be subject to all the adjustments provided for under Article 30, and any salary-related benefits shall be based on the Member's Reference Salary. As a reduced load appointment, the Member shall have an actual annual salary determined as follows:

(a) an amount equal to the Member's Reference Salary reduced on a pro rata basis commensurate with the reduced teaching load under 29.2.4.2 or workload under 29.2.4.3; plus

(b) 25% of the Member's Reference Salary.

29.2.4.5 The Member shall make pension contributions based on their Reference Salary and the University shall make required contributions. If the Member notifies the University in writing prior to the start of the phased-in-retirement period, the Member may opt for making pension contributions on the basis of their actual salary for the full period of employment on the phased-in-retirement plan.

29.2.4.6 Members apply for the Phased-in Retirement Option by writing to the Vice- President: Academic, copied to the Dean/UL and Department Chair, by October 15 prior to the contract year in which the Phased-in Retirement commences.

29.2.4.7 In all other matters, the provisions of Article 20 shall apply to this Phased-In Retirement Option.

29.2.5 Benefits for Early Retirees: Members electing Early Retirement as set forth in 29.2.3 shall be entitled to the benefits set forth in 28.5.

29.2.6 Retirement Counselling: The University shall make available retirement counselling services, including (a) retirement planning; and (b) personal aspects of retirement, to Members 55 years of age or older, at no cost to the Member.

29.3 Information

29.3.1 Annually, the University shall distribute to all Members and to the Association a WLU Pension Plan Annual Information Brochure, including a summary of the WLU Pension Plan, a statement of the Minimum Guarantee Formula including any limits which may apply, and a listing of all actuarial assumptions. This brochure shall include information on the annual pension adjustments and investment performance. A table on annual pension adjustments shall include: Plan Year, Pension Fund Interest, Fund Interest on Four Year Rolling Average, Consumer Price Index, Annual Pension Adjustment for MPP and MGP, and a table on investment performance shall be for the total fund listing the Asset Mix by percentage, and Market Return by Index and rate of change (%) for one year and over 4 years.

29.3.2 The University shall provide the following information about the WLU Pension Plan:

(a) the University shall include in the WLU Pension Plan a statement that upon retirement a member of the plan may withdraw all funds in their account from the Money Purchase component of the plan, and this statement shall be included in the Annual Information Brochure;

(b) the annual pension statement shall include the estimate of the value of the pension with joint and last survivor life guaranteed 5 years;

(c) a copy of the WLU Pension Plan shall be available on the University Website including amendments to the plan. Any time an amendment is approved, Members shall be notified within 30 days of its approval. Upon a Member's request, the University shall supply the Member a copy of the WLU Pension Plan and its amendments;

(d) a copy of the Supplemental Pension Arrangement shall be provided to each Member when they becomes eligible for the Arrangement.

29.3.3 Annually, the University shall provide the Association with 3 copies of the WLU Pension Plan as filed with the Pension Commission, and 3 copies of the Supplemental Pension Arrangement.

29.3.4 The University shall provide to the Association actuarial reports and other information concerning the funding, liabilities, terms and conditions of operations of the WLU Pension Plan as soon as reasonably possible after such information is available.

30.1 Reference Salary

30.1.1 Reference Salary is the salary rate of a Member excluding any stipends and/or payments for overload teaching. The salary of a Member employed for less than an academic year shall be pro-rated on the basis of their Reference Salary. The salary of a Member who is on leave pursuant to Article 17 shall be pro-rated on the basis of their Reference Salary.

30.1.2 When a Member on a Limited Term Appointment receives a Provisional, Candidacy, or Tenure Appointment, the initial Reference Salary shall be negotiated and shall not be less than the Member's previous Reference Salary plus adjustments in compensation in accord with this Article 30. When a Member on a Limited Term Appointment receives a new Limited Term Appointment for all or part of the next academic year, the Member shall receive adjustments in compensation in accord with this Article 30.

30.1.3 Reference Salaries shall be adjusted as specified in this Article, and the adjusted salaries shall take effect as of July 1, unless otherwise specified in this Article. Salary adjustments for individual Members shall include one or more of the following components applied in the following order:

(a) a Scale Adjustment;

(b) a Career Development Increment;

(c) a Merit increment

(d) a Promotion Increment;

(e) Ontario System Adjustment;

30.2 Scale Adjustment

30.2.1 The Scale Adjustment shall be an increase applied on July 1st each year to the Reference Salary of each Member.

30.2.2

Effective July 1, 2020, the Scale Adjustment shall be 1.00%.

Effective July 1, 2021, the Scale Adjustment shall be 1.00%.

Effective July 1, 2022, the Scale Adjustment shall be 1.00%.

30.3 Salary Floors

30.3.1 The Reference Salary of each Member shall be at least the floor of their rank. If after the Scale Adjustment under 30.2 has been applied to a Member's Reference Salary, the adjusted salary is below the floor, then the Member's Reference Salary shall be adjusted upward to the floor of their rank, except in the case of Members receiving Promotion Increments, when any adjustment to the floor of the rank shall be in accordance with 30.5.1.

30.3.2 The Salary Floors for Faculty Members shall be as follows:

30.3.3 The Salary Floors for Librarian Members shall be as follows:

30.4 Career Development Increment

30.4.1 The purpose of the Career Development plan is to provide progression within rank in the career of a Member through a series of annual financial increments. This program of Career Development Increments, like others at other Universities, is intended to provide more rapid career progress for Members in the early stages of their careers, and significantly less career progress, once their salaries reach higher levels.

30.4.2 The value of the Career Development Increment (CDI) for Faculty Members and Librarians shall be $3167 effective July 1, 2020. The CDI shall be applied each year to each Member's Reference Salary, subject to 30.4.3.

30.4.3 The application of the CDI system shall be as follows:

(a) In the ranks of Lecturer, Assistant Professor, and Librarian I and II, a Member shall be entitled to no fewer than 8 full CDIs; and in the ranks of Associate Professor and Librarian III, a Member shall be entitled to no fewer than 10 full CDIs. Effective July 1, 2020, Members in the rank of Associate Professor or Librarian III shall be guaranteed no fewer than ten full CDIs in the combined ranks of Associate Professor and Professor, or Librarian III and Librarian IV.

(b) Lecturer, Assistant Professor, Associate Professor, Librarian I, II, and III: Subject to (a) above, for the ranks of Lecturer, Assistant Professor, Associate Professor and Librarians I, II and III, for a salary level below 2.0 times the Assistant Professor floor or Librarian II floor, respectively, the lesser of the full value of the CDI, or the amount needed to raise the Member's Reference Salary to 2.0 times the relevant floor will be applied, provided that the adjustment is not less than 0.5 of the value of the CDI. For a salary between 2.0 and 2.2 times the Assistant Professor floor or Librarian II floor, respectively, the lesser of 0.5 of the value of the CDI, or the amount needed to raise the Member's Reference salary to 2.2 times the relevant floor will be applied. For a salary above 2.2 times the Assistant Professor or Librarian II salary floor level, respectively, no CDI will be applied;

(c) Professor and Librarian IV: Subject to (a) above, for the ranks of Professor or Librarian IV for a salary level below 2.2 times the Assistant Professor or Librarian II floor, respectively, the lesser of the full value of the CDI, or the amount needed to raise the Member's Reference salary to 2.2 times the relevant floor will be applied, provided that the adjustment is not less than 0.5 of the value of the CDI. For a salary level between 2.2 and 2.5 times the Assistant Professor floor or Librarian II floor, respectively, the lesser of 0.5 of the value of the CDI, or the amount needed to raise the Member's Reference salary to 2.5 times the relevant floor will be applied. For a salary above 2.5 times the Assistant Professor or Librarian II salary floor level, respectively, no CDI will be applied.

30.5 Promotion Increment

30.5.1 When a Member is promoted to a higher rank, their Promotion Increment shall be the greater of:

(a) the increment required to raise the Member's Reference Salary to the floor of the new rank; or

(b) an increment equal to one additional CDI.

30.5.2 The Promotion Increment shall become effective on July 1 following the awarding of the promotion except in the case of promotions under 15.7.3. When a Member is promoted under 15.7.3, the Promotion Increment shall be added to the Member's Reference Salary effective the month following receipt by the Vice-President: Academic of official notification that all degree requirements have been met.

30.6 Ontario System Adjustment

30.6.1 In order to provide for fair and equitable compensation and to make salaries competitive within the Ontario system, there shall be an Ontario System Adjustment (OSA) allocated to address the relative position of each rank in the market. All Members with Provisional, Candidacy, Tenured and Continuing Appointments will receive an adjustment of $900 effective July 1, 2022, subject to post COVID-19 budgetary feasibility.

30.6.2 The Parties acknowledge that while the Protecting a Sustainable Public Sector for Future Generations Act, 2019 remains in force, the system adjustment outlined in 30.6.1 is precluded during the term of this Agreement.

30.7 Bilateral Committee on Systemic Equal Pay Issues

30.7.1 The Parties agree to establish a bilateral committee composed of 3 representatives of the University and 3 representatives of the Association to develop practices aimed at preventing gender and other systemic wage gaps, and to ensure equitable compensation and employment practices.

30.8 Merit Increment

30.8.1 A Merit Increment may be awarded bienially for outstanding or superior performance of a Member's responsibilities, including: teaching; research or other scholarly activities; or academic; professional or University community service. For Librarians, merit shall be awarded for outstanding or superior performance of duties and responsibilities in accordance with 19.1.1. The Dean or UL, as appropriate, shall review recommendations from an elected committee and make recommendations to the Vice-President: Academic on the awarding of a Merit Increment. The process to be followed shall be in accordance with Appendix H.

30.8.2 Members holding Provisional, Candidacy, Tenured and Continuing Appointments are eligible to receive a Merit Increment.

30.8.3 The value of a Merit Increment shall be $1,200, which shall be added to the Member's Reference Salary.

30.9 Market Fund: A market fund of up to $50,000 will be created in order to adjust the Reference Salaries of individual Members where the demand for an individual's expertise or accomplishment makes such an adjustment necessary. This fund will be distributed to individual Members by the President on the recommendation of the Vice- President: Academic, Deans and the UL.

30.10 Overload Stipends

30.10.1 Effective September 1, 2017 the Overload Stipend for regular undergraduate or graduate credit courses, excluding Online Learning Courses and Courses taught under 30.10.3 below, per one-term course equivalent shall be:

30.10.2 Online Learning

30.10.2.1 Online Learning courses are those taught using the Internet. Effective September 1, 2020, the compensation for teaching Online Learning Courses shall be:

30.10.2.2 For a 0.5 credit Online Learning Course, when the number of students enrolled in the course exceeds 25, the Member shall receive an additional $65 per student for each student in excess of 25. The number of students per course shall be based on the University's official count date.

30.10.2.3 For a 1.0 credit Online Learning Course, when the number of students enrolled in the course exceeds 25, the Member shall receive an additional $130 per student for each student in excess of 25. The number of students per course shall be based on the University's official count date on the last day to add for the course in accordance with the Academic Calendar. For full-year Distance Education courses which fall over 2 official count dates, the Member shall receive an additional $65 per student for each student in excess of 25 enrolled in the course on the first term count date, and $65 for each student in excess of 25 enrolled in the course on the second term count date.

30.10.3 Special Overload Stipends

30.10.3.1 Effective January 1, 2011, Members teaching in graduate programs for which the University receives no government funding in the Lazaridis School, namely the ·ï»Ë²ÊƱƽ̨ MBA Toronto programs and the ·ï»Ë²ÊƱƽ̨ EMTM (Executive Masters in Technology management) Program, shall be compensated at the rate of $350 per contract hours.

30.10.3.2 Within 30 days of the end of each academic term, the University shall provide the Association with a report on the programs under this article listing the names of each Member, the course(s) they participated in, other duties performed, the number of contact hours for which the Member was compensated, and the total compensation paid to all Members for duties performed under 30.10.3.

30.11 Stipends for Academic Department Chairs, Program Coordinators, Area Coordinators in the Department of Business, and Department Heads in the Library:

30.11.1 The minimum annual stipend for a Department Chair or Program Coordinator shall be based on the number of full-time equivalent faculty in the academic sub-unit (see 21.4.3.1). The administrative stipends shall be as follows:

30.11.2 Effective July 1, 2020, the minimum stipend for an Area Coordinator shall be $5,555. Effective July 1, 2021 and July 1, 2022, the minimum stipend for an area coordinator will be $5,611 and $5,667, respectively.

30.11.3 Effective July 1, 2020, the minimum stipend for a Department Head in the Library shall be $4,040. Effective July 1, 2021 and July 1, 2022, the minimum stipend for an area coordinator will be $4,080 and $4,121, respectively.

30.12 Reference Salaries of Administrators Returning to the Bargaining Unit: Pursuant to 3.1.4, each administrative officer who is also a full-time faculty member or a full-time librarian shall have a Reference Salary. When such an officer enters or returns to the Bargaining Unit, the Reference Salary of that Member shall not include their administrative stipend.

31.1 Course Evaluations: In order to improve course design or teaching effectiveness, a Faculty Member may conduct a written evaluation of their teaching performance in their classes provided that the students consent to participate in the survey, and provided that the procedures of the survey protect student confidentiality.

31.2 Evaluation of Teaching Performance

31.2.1 The University may conduct evaluations in order to assess a Faculty Member's teaching performance. Whenever this Agreement calls for an evaluation of the teaching performance of a Member in relation to contract renewal, tenure, promotion, or discipline for deficient performance of workload duties, the evaluation, recommendations and decisions shall be in accord with this Article.

31.2.2 For the purposes of this Article, teaching includes the following activities performed by Members either in the classroom, through correspondence, or from a distance through the use of technologically assisted instruction:

(a) giving courses; conducting seminars; guiding tutorials, laboratories and studio work; supervising fieldwork and individual study projects;

(b) preparing and correcting assignments, tests and examinations;

(c) guiding the work of teaching assistants, markers and laboratory instructors;

(d) guiding and evaluating individual student's work such as theses, papers and research projects;

(e) consulting with students individually outside of class or laboratory meetings;

(f) participating in the development of teaching methods, programs or course content;

(g) preparing instructional material, laboratory exercises and course readers and notes;

(h) all other activities in which the Member engages for the purpose of preparing for courses and seminars, including those undertaken to ensure that their teaching is in keeping with the current state of knowledge in the subject(s) being taught.

31.2.3 An evaluation of a Member's teaching performance may take place only:

(a) in the course of an application for contract renewal, tenure or promotion;

(b) when a review of their performance is undertaken under the provisions of Articles 10 or 26;

(c) when a Member requests an evaluation, or consents to an evaluation for the purposes of merit, a teaching award, or other recognition.

Except in the case of contract renewal, no evaluation of teaching performance may consider a period of less than 3 years.

31.2.4 Any evaluation of a Member's teaching performance shall seek to balance all aspects of teaching as well as the department and/or faculty context within which the Member works. Assessments of teaching performance shall recognize that:

(a) a Member's strong performance in some aspects of teaching may compensate for a weaker performance in other aspects of teaching;

(b) if a Member's performance is good in several kinds of teaching activities, a Member's teaching shall be rated more highly;

(c) teaching performance may differ significantly in different departments or disciplines, and a Member shall only be assessed according to the standards in their department or discipline.

31.2.5 Any assessment of a Member's teaching performance shall review all relevant information including but not limited to:

(a) the size, type and nature and level of courses taught;

(b) the nature of the subject matter;

(c) the experience of the instructor with the course, and the number of new preparations assigned to the instructor;

(d) the role of the instructor and the method of course delivery;

(e) the quality and utility of instructional materials prepared by the Member;

(f) the Member's contributions in the areas of instructional development and innovation, and the complexity and risk such innovation entails;

(g) the opinions of students, including quantitative data gathered through the student questionnaires set out under 31.3;

(h) the results of the in-class reviews in Articles 13.3.2 and 15.4.2.1.

31.2.6 Any Member whose teaching performance is being evaluated has the right to submit additional information about their teaching.

31.2.7 Although student opinions provide important information about teaching performance, such opinions do not in themselves constitute an evaluation of teaching performance. No evaluation of teaching performance may rely exclusively or primarily on student questionnaires or student opinions.

31.2.8 Any assessment of a Member's teaching performance shall make due allowance for any special circumstances which may affect the Member's teaching performance.

31.2.9 If the Dean or designate is assessing a Member's teaching performance for deficit performance of duties under Article 10 or 26, or at the Member's request, the Dean or designate shall meet with the Member to establish relevant facts about the
Member's teaching. The Member may request that the Dean or designate attend one of the Member's classes as part of the assessment. The report on a Member's teaching performance shall be in writing, sent to the Member, and shall include:

(a) a statement of the reasons for the assessment, of its scope and the sources of information on which the assessment depended;

(b) a summary and analysis of the information gathered;

(c) a statement of the results of the assessment which shall conclude that the Member's teaching performance was "excellent," "satisfactory," or "unsatisfactory."

31.3 University Teaching Evaluations from Student Questionnaires: 31.3.1The University may conduct evaluations in order to assess a Faculty Member's teaching performance. The teaching evaluations and their administration shall be in accordance with the regulations below and with other provisions of this Agreement.

31.3.2 Teaching evaluations intended for the University's assessment of Faculty Members shall be supervised by individual departments or equivalent academic sub-units. The original evaluation forms and/or raw data shall be retained by the University for at least one year, and during such time shall be available to the Member. Before any decision is taken to dispose of paper evaluation forms, the Member must be advised in writing by the appropriate Dean.

31.3.3 There shall be a uniform University questionnaire for all credit courses except Music Studio Instruction evaluated under 31.4 and Online Learning courses evaluated under 31.5. For the term of this Agreement, the questionnaire shall be that used in the Spring Term 2016. Any changes to this questionnaire shall only be made with the agreement of both Parties. The University shall receive the consent of the Association before it takes any recommended changes to Senate for ratification.

31.3.4 Student evaluations shall be obtained through the questionnaire administered by the University in such a way as to afford all the students in a given course or class a reasonable chance to respond. Such questionnaires shall be constructed so as to obtain a fair and reasonable assessment of teaching effectiveness, within the limitations of current knowledge. All questionnaires shall be constructed so as to give roughly equal weight to each of the questions, and all questions shall conform to the requirements of Article 7: Academic Freedom and Article 8: Non-Discrimination.

31.3.5 All questions shall be constructed so that the answers may be aggregated by simple statistical procedures.

31.3.6 Up to 20 minutes of scheduled class time, in the last 2 weeks of a course, or of a Member's involvement in a course where such involvement is less than a full term or academic year, shall be used for completing the questionnaires. The scheduling of the evaluation shall be by the mutual agreement of the Faculty Member and the University. The Faculty Member shall not be present while questionnaires are completed for their classes. The Member shall not have access to the results until final grades for the course have been submitted to the Registrar. Course instructor(s) shall not receive any information which would disclose the identity of students who completed the questionnaire. For this reason, the University will not conduct evaluations in a class of fewer than 5 students.

31.3.7 Student responses to the University's questionnaire shall be aggregated the University in such a way as to present a fair and accurate picture of the opinions of the respondents. All responses to questions 1 to 7 shall be aggregated, and the mean, median, standard deviation, frequency distribution and number of eligible respondents shall be calculated. A copy of this aggregated data shall be sent to the Faculty Member, the Faculty Member's Department Chair, Program Coordinator or Area Head, as appropriate. If the Member's teaching is in more than one department, program or area, the appropriate Department Chairs, Program Coordinators or Area Heads shall receive copies of the aggregated data for the courses the Member teaches in their department, program or area. The Department Chairs, Program Coordinators and Area Heads shall use the aggregated data in the preparation of workload assignments and to provide advice and coaching on teaching, especially for tenure track faculty.

31.3.8 Only aggregated data under 31.3.8 which conform to the provisions of this Article, and which have been placed in the Member's Official File can be submitted by the University in its assessment of a Faculty Member's teaching performance. A Member may include course evaluations under 31.1, student testimonials and other forms of student opinion in their Teaching Dossier, and submit this dossier as part of an application for contract renewal, tenure, or promotion, or as information for any other assessment of the Member's teaching performance.

31.4 Teaching Evaluations for Studio Instruction in Music

31.4.1 In light of the one-on-one instruction in studio courses in the Faculty of Music, there shall be a specific teaching evaluation form for studio instructors. Using the same format as the University Teaching Evaluations under 31.3, the statements that
constitute the basis for the student's evaluation of the instructor shall be the following:

1. This course contributed to my development as a musician.
2. The instructor assigns appropriate repertoire that is suited to my level and needs.
3. The instructor is well-prepared for each lesson.
4. The instructor gives clear explanations.
5. The instructor stimulates my interest in the subject matter.
6. The instructor assists the student in the development of technical skills.
7. The instructor encourages the student's expressive and artistic development.
8. The instructor gives a clear idea of requirements and standards in this course.
9. The instructor displays an interest in and concern for the student. (*) Overall, the instructor is an effective university teacher.

Note: This last question will only be used by the University for assessing student responses within the institution as a whole, and will not be part of the record of the teaching evaluation of an individual Faculty Member.

31.4.2 Evaluations for studio instructors in music shall not be on the basis of a course but upon the instructor's studio. In accordance with 31.3.7, the evaluation shall take place in the Master Class of an instructor's studio. The University will not conduct an evaluation using the teaching evaluation form in Master Classes with fewer than 5 students.

31.4.3 When an evaluation of teaching is required for the purposes of contract renewal, tenure or promotion for instructors with fewer than 5 students in their studio, the University shall conduct an evaluation under 31.2: Evaluation of Teaching Performance. The Dean shall advise the Member in writing that the evaluation is not for reasons of deficiency of performance but because the Member's Master Class has fewer than 5 students. Any evaluation shall be at a time mutually agreed upon by the Dean and the Member. The first evaluation shall occur during the first contract year of the Member's employment, and thereafter there shall be no more than one (1) evaluation in a contract year. Members with tenure who teach studios with fewer than 5 students per year shall be evaluated under 31.2 every 3 years.

31.5 Online Learning Teaching Evaluations

31.5.1 In light of the mode of delivery of Online Learning courses, there shall be a separate teaching evaluation form for these courses. With the exception of the questions listed under 31.5.2, and the procedures under 31.5.3 this questionnaire shall conform to provisions for the University Teaching Evaluations under 31.3.

31.5.2 The Online Learning Teaching Evaluation Form questionnaire shall be based on the following statements:

1. The instructor provides clear explanations.
2. The instructor stimulates my interest in the subject matter of the course.
3. The instructor assists students in dealing with course material and concepts.
4. The instructor encourages on-line participation and interactivity among students.
5. The instructor gives a clear idea of requirements in this course.
6. The instructor clearly specified their communication policy and timing with respect to responses to student inquiries and the return of assignments and/or tests.
7. The instructor provides responses to tests, assignments, and student inquiries in sufficient time to assist with the student's learning in the course.
8. The instructor displays an interest and concern for students. (*) Overall, the instructor is an effective university teacher.

Note: This last question will be used only by the University for assessing student responses within the institution as a whole, and will not be part of the record of the teaching evaluation of an individual instructor.

31.5.3 The evaluation form will be sent to the student electronically within the last 15 days of the course with a request that the form be returned electronically to the Centre for Online Learning at the conclusion of the course. Only forms returned directly from the student to the Centre for Online Learning will be used in the assessment of a
Member's teaching. The University will not conduct evaluations in a class of fewer than 5 students, and evaluations for classes in which there are fewer than 5 student responses shall not be placed in the Member's Official File.

31.5.4 Only data derived from teaching evaluations which conform to the provisions of this Article, and which have been placed in the Member's Official File can be used in the University's assessment of a Faculty Member's teaching performance.

31.6 Teaching Dossier

31.6.1 A Teaching Dossier provides a record of a Faculty Member's teaching accomplishments, strengths and activities. It contains documents, statements, and materials that demonstrate the scope and quality of a Faculty Member's teaching performance.

31.6.2 Contents of a Teaching Dossier: A Teaching Dossier shall contain those items listed under (a) and a Member may include items such as those listed under (b):

(a) Items that must be included: For applications for tenure and promotion, the Dossier shall provide a record of teaching with accompanying documents for a minimum of 3 years and normally not more than 7 years preceding the date of application. For an applicant with fewer than 3 years teaching at the University, the record shall be for the Member's period of employment;

(i) List of courses taught, including the course number and title, credit value, and enrolment;

(ii) The outline for each course listed above, as per 18.2.4.1 (b) of the Collective Agreement;

(iii) List of individual student projects supervised, if any (e.g. honours theses or similar individually-supervised projects, master's or doctoral theses), whether completed or in progress, and the nature of the faculty member's involvement (principal advisor, second reader, external examiner, etc.) at ·ï»Ë²ÊƱƽ̨ or elsewhere;

(iv) The student teaching evaluations deposited in a Member's Official File by the University under 31.3 of the Collective Agreement shall be considered as part of the Teaching Dossier. A Member may wish to place additional copies of the teaching evaluations in the Dossier, but there is no requirement to do so.

(v) A statement of the Member's pedagogical goals and objectives.

(b) Items that may be included: 

(i) In addition to the course outlines provided above, instructions for assignments, reading lists, final examinations, or other course-related materials, and information about the programs of study of students enrolled in the courses;

(ii) Course evaluations conducted by the Member; any comments the Member may wish to make about these evaluations, or about the University teaching evaluations under item (a) (iv) above;

(iii) Information from students, including informal student evaluations, letters, and testimonials;

(iv) A statement of the Member's involvement in professional development in the pedagogical area. Here one might describe steps taken to improve one's own teaching, such as

• • Participating in seminars, work-shops, or professional meetings concerned with the improvement of teaching
  • Publishing articles, commentaries or reviews related to teaching
  • Receiving instructional development grants
  • Attempting instructional innovations and evaluating their effectiveness
  • Evidence of special assistance given to colleagues in the area of improvement of teaching (e.g. through the Mentorship program), or activities connected with the training and orientation of teaching assistants

(v) Description of duties connected with the coordination of multi-sectioned, sequenced, or otherwise inter-related courses, and with the direction and coordination of programs of studies including the academic counselling of students;

(vi) Evidence of contribution to course, program, or general curriculum development. Here one might list membership on committees concerned with teaching or curriculum matters, and describe one's involvement in the design of new courses, development of new programs, etc.;

(vii) Information on a professor's contribution to the academic and cultural life of students in addition to activities normally associated with course instruction or research supervision (e.g., assistance with student clubs, with special events, with student conferences and exchanges, or with off- campus trips, etc.);

(viii) Evidence of outstanding achievement by one's students (for example, bibliographical information pertaining to publications by students on course-related work);

(ix) Description of honours received as a result of teaching excellence (e.g. the awarding of or nomination for distinguished teaching awards at the university, provincial, or national level, invitations to teach for outside agencies or to act as advisor for development of educational programs);

(x) Description of activities concerned with high school liaison;

(xi) Other material that the Member deems relevant.

31.6.3 The Member shall provide a copy of the Teaching Dossier to the Appointment and Promotion Committee with any application for tenure, promotion, or subsequent appointment.

31.6.4 The Teaching Dossier may be used, where appropriate, in an evaluation of a Member for merit under Article 30, or as part of an evaluation and review under Article 10. The Dean's request for a copy of the Teaching Dossier shall include a written statement of reasons, and the Member shall forward the Teaching Dossier within 20 days of the receipt of such a request.

32.1 Pregnancy Leave

32.1.1 The University shall, upon the request of a pregnant Member and upon receipt of a medical certificate indicating the expected birth date, grant the Member 17 weeks unpaid Pregnancy Leave, provided that the Member has been employed by the University for at least 13 weeks before the expected birth date. The Member shall give written notice of the commencement of the Pregnancy Leave to her Chair and Dean/UL at least 2 weeks prior to the commencement of the leave. Provisions of the Pregnancy Leave and of conditions for seniority, continuation of benefits, and the reinstatement of the Member shall be in accordance with the Employment Standards Act, 2000, S.O. 2000, c.41 and as further amended.

32.1.2 The 2 weeks' notice required in Article 32.1.1 shall not apply if the Member stops working because of complications caused by her pregnancy or because of a birth, still birth or miscarriage that happens earlier than the Member was expected to give birth. In such circumstance, the Member shall provide the University as much notice as is reasonably practical of the commencement of her leave.

32.2 Pregnancy Leave - Supplementary Benefits

32.2.1 During the period of Pregnancy Leave, the Member who has been employed by the University for 12 months immediately preceding the expected birth date, is entitled to supplementary benefits as follows:

(a) for the first 2 weeks the Member shall receive 100% of her Reference Salary;

(b) for up to a maximum of 15 additional weeks, the Member shall receive an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary;

(c) in the event of a miscarriage or a still birth, the Member shall be entitled to Compassionate Leave under Article 17.4.1 and for special consideration for an extension of that leave as provided for in Article 17.4.3.

32.2.2 To receive the supplementary employment benefit defined in 32.2.1(b), the Member shall supply the University with proof of application to the Employment Insurance Commission. The payment of the supplementary employment benefit shall be as follows:

(a) the University shall estimate the amount of the EIC payment and provide a supplementary payment to the Member on the usual salary payment schedule and this supplementary payment will be regarded as an advance;

(b) upon receipt of that information, the Member shall provide evidence of the actual payments received from the Employment Insurance Commission;

(c) the subsequent payments to the Member shall be adjusted, up or down, to reflect the actual Employment Insurance payment.

32.2.3 If a Member on Pregnancy Leave wishes to take less than 17 weeks Pregnancy Leave the Member shall give written notice to her Chair and Dean/UL of her intention to return to work at least 4 weeks prior to her expected date of return.

32.2.4 Post-Natal Leave

(a) On the occasion of the birth of a child, the child's parent who is not taking a Pregnancy Leave shall be entitled to a leave with full salary and benefits of up to 5 days, to be taken at the discretion of the Member within 4 weeks of the birth. A Member taking such leave shall give the Chair and Dean/UL as much advance written notice as possible.

(b) In the event of the death, serious illness, or incapacity of the child's mother, the provisions of Post-Natal Leave shall be those specified for the primary caregiver in 32.4.4.

32.3 Parental Leave

32.3.1 A Member who is a parent and who has been employed by the University for at least 13 weeks before the start of the leave or 13 weeks before a child comes into the parent's custody, care and control for the first time is entitled to an unpaid Parental Leave of up to 35 weeks in the case of the birth mother and 37 weeks for other parents. The Parental Leave of a mother who has taken Pregnancy Leave shall begin when the Pregnancy Leave ends or when the baby first comes into custody, care and control of the parent. For other parents, including adoptive parents, Parental Leave shall commence within 52 weeks of the birth or after the child first comes into the custody, care and control of a parent. The provisions of the Parental Leave shall be in accordance with the Employment Standards Act, 2000, S.O, 2000, c.41, and as further amended.

32.3.2 A Member shall give written notice to their Chair and Dean/UL of his/her intention to take a Parental Leave at least 2 weeks prior to the commencement of such leave.
Where a Member qualifies for such leave as a result of adoption and where the child comes into the Member's custody, care, and control earlier than expected the Member shall give reasonable written notice.

32.3.3 If a Member on Parental Leave wishes to take less than 35 weeks Parental Leave, the Member shall give written notice to their Chair and Dean/UL of their intention to return to work at least 4 weeks prior to the expected date of return.

32.4 Parental Leave - Supplementary Benefits

32.4.1 During the period of Parental Leave, a Member who has been employed by the University for at least 12 months immediately preceding the start of the leave or 12 months immediately preceding the child coming into the parent's custody, care and control for the first time, shall be entitled to supplementary benefits as follows:

(a) a Member who has received supplementary benefits for a pregnancy leave under 32.2.1 shall receive an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary for up to 12 weeks;

(b) a Member who has not received supplementary benefits for a pregnancy leave under 32.2.1 shall be eligible to receive:

(i) 100% of their Reference Salary for the first 2 weeks of Parental Leave, and

(ii) an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary for the next 10 weeks of Parental Leave.

32.4.2 To receive the supplementary employment benefit defined in 32.4.1, the Member shall supply the University with proof of application to the Employment Insurance Commission, and payment shall be in accordance with 32.2.2.

32.4.3 Subject to the provisions of 32.2.1, 32.2.2, 32.6.6 and 32.6.7, a Member on Parental Leave, who is the primary caregiver for a newly adopted child, shall be entitled to supplementary benefits as follows:

(a) for the first 2 weeks the Member shall receive 100% of their Reference Salary; and

(b) for the next 10 weeks of the Parental Leave, the Member shall receive an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary.

32.5 Extended Parental Leave

32.5.1 An Extended Parental Leave without pay, up to a maximum of 52 weeks, shall be given to any Member who has been employed by the University for at least 12 months immediately preceding the commencement of a Parental Leave. An Extended Parental leave shall commence within 36 weeks of the commencement of a Parental Leave. The Members shall give written notice of the Extended Parental Leave to the Chair and Dean/UL normally at least 3 months prior to the commencement of the Extended Parental Leave. When an Extended Parental Leave is taken, the Member may return to full-time employment only on September 1, January 1, May 1, or at another date with the prior approval of the Vice-President: Academic. At least 3 months prior to the intended date of return, the Member shall notify the Chair and Dean/UL of the date of their intended return.

32.5.2 During an Extended Parental Leave the University will permit and facilitate continuance of any coverage under the pension and benefit plans if desired by the Member and if the Member pays the full applicable contributions and/or premiums. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resource department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. Benefit levels will be based on the Member's Reference Salary, unless otherwise stated in this Article.

32.5.3 Subject to 32.6.3, a Member on a Limited Term, Provisional or Candidacy Appointment who has not been granted a further appointment shall be entitled to a leave under 32.5 that may extend up to but not beyond the expiry of the Member's specified term of employment with the University as a Member of the Bargaining Unit.

32.5.4 Upon return to work from an Extended Parental Leave, the Member shall resume her/his former position, with full Reference Salary and benefits and, subject to the approval of the Vice-President: Academic, service accrued during the Extended Parental Leave.

32.6 Other

32.6.1 The provisions of this Article 32 shall not preclude the making of alternative arrangements acceptable to the Member and the Vice-President: Academic. The Vice-President: Academic shall give particulars of such arrangements to the Association.

32.6.2 A Member preparing for the adoption of a child shall be eligible for paid leave under 17.5.1.

32.6.3 While on leave or within 6 months of completing a leave under the provisions of 32.1, 32.3, or 32.5, a Member who is the primary caregiver may elect to have their appointment extended by one (1) year. Notice of such extension shall be given at least one (1) month prior to the notification date for Candidacy, tenure or Continuing Appointment, as appropriate. This clause does not apply to Members on Limited Term Appointment.

32.6.4 During a Pregnancy Leave or a Parental Leave the University shall continue to make employer contributions to pension and benefit plans unless the Member has advised the University, in writing, that the Member does not wish to continue to make the employee contributions to such plans. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. Benefit levels will be based on the Member's Reference Salary, unless otherwise stated in this Article.

32.6.5 Upon return to work from a Pregnancy Leave or a Parental Leave a Member shall resume the Member's former position, with full Reference Salary and benefits, and service accrued during the leave(s).

32.6.6 Subject to 32.6.7, supplementary benefits under 32.2 and 32.4 are granted on the understanding that the Member shall return to employment at the University upon the expiry of any leaves taken under this Article. A Member who chooses not to return to employment at the University following these leaves or who does not make application to the Employment Insurance Commission under 32.2.2 or 32.4.2 shall not be eligible for supplementary benefits. Should such Member not comply with the foregoing provisions, the Member must repay, to the University, the full amount of supplementary benefits they have received, except when the Member provides satisfactory evidence of the illness of the Member or the child.

32.6.7 A Member on a Limited Term, Provisional or Candidacy Appointment who has not been granted a further appointment or extension of their appointment under 32.6.3, is entitled to receive supplementary benefits under 32.2 and 32.4 up to but not beyond the expiry of the Member's specified term of employment with the University as a Member of the Bargaining Unit.

32.6.8 During a Pregnancy Leave, Parental Leave, and/or Extended Parental Leave, provisions for alternative arrangements for teaching and/or other duties shall be the responsibility of the University and shall not be the responsibility of the Member concerned.

32.6.9 Service accrued under leaves in this Article 32 shall count as credited academic service toward eligibility for a sabbatical leave to a maximum of one (1) year.

32.6.10 In the event that a Member's Pregnancy and/or Parental Leaves coincide with a Sabbatical Leave, the Sabbatical Leave shall be postponed until the Member returns to work. In the event that a Member requires Pregnancy and/or Parental Leave while on sabbatical, the Member is entitled to interrupt the Sabbatical Leave. Sabbatical Leave shall then resume when the Member returns to work as though there had been no interruption. Reasonable notice of such interruption shall be given by the Member in writing to the Dean or UL.

32.6.11 In the event that the commencement of a Member's Pregnancy or Parental Leave will occur during a term normally designated as a teaching term, and in clarification of 18.2.2.3, the Member's designated teaching term shall not be changed by the Dean. However, the Member may request in writing that the designated teaching term be rescheduled in light of the Pregnancy or Parental Leave.

33.1 The University recognizes and supports the right of Members to participate in public affairs through acceptance of candidacy for and service in political office.

33.2 Public Office at Federal and Provincial Levels:

33.2.1 In connection with the exercise of a Member's right to participate in public affairs through acceptance of candidacy for and service in political office at these levels, the University shall provide the following arrangements:

(a) Where a Member has been nominated: the individual shall be entitled, upon request to the University, to a leave of absence with full pay for the period from the issuance of the election writ to the day following the election. The Member shall be expected to make all reasonable efforts to ensure that during the period of the active campaign, the effects of their absence upon teaching and/or other duties may be minimized, or be compensated for by alternative provisions or arrangements.

(b) Where a Member has been elected to a seat in the Federal parliament or Provincial legislature: the individual shall be entitled to leave of absence without pay for the duration of the electoral mandate or mandates, except that any extension of leave beyond 5 full years, whether continuous or discontinuous, shall be subject to consent by the University.

33.2.2 While a Member is on leave without pay under the provisions of 33.2.1 (b), the University will not contribute towards fringe benefits, but will permit and facilitate continuance of any coverage if desired by the Member and with the Member paying the applicable premiums.

33.2.3 Upon return from such leave, the Member will be reinstated at their previous rank and at their former salary plus across-the-board increases, as specified in Article 30, which have accrued during the period of the leave of absence.

33.3 Public Office at Local or Regional Levels: Where a Member has been nominated for and/or elected to a position in a local or regional government, or board of education, the Member shall negotiate with the University terms of leave and remuneration consistent with the nature and scope of their public duties.

34.1 The University agrees not to employ persons who are not members of the Bargaining Unit to perform any of the duties normally performed by Members with the exception of part-time librarians, as provided in 34.3, and part-time faculty as provided in 34.4, administrators as provided in 3.1.2 (a), and persons holding visiting or In- Residence appointments for one (1) year or less as provided in 3.1.2 (b).

34.2 A part-time faculty member means a person who is not a full-time Faculty Member and who teaches courses on contract under the terms of the Collective Agreement between ·ï»Ë²ÊƱƽ̨ and ·ï»Ë²ÊƱƽ̨ Faculty Association for Part-time Contract Academic Staff and Part-time Librarians, 2016-2019. A part- time librarian is a professional librarian who performs the duties of a professional librarian on average for less than 24 hours per week during the period of their employment, and whose terms and conditions of employment are established under the terms of the Collective Agreement between ·ï»Ë²ÊƱƽ̨ and Wilfrid ·ï»Ë²ÊƱƽ̨ Faculty Association for Part-time Contract Academic Staff and Part-time Librarians, 2016-2019.

34.3 With respect to work by part-time professional librarians, the Parties agree that:

(a) in each year the number of hours worked in the library by professional librarians who are non-members of the Bargaining Unit and are not retired Librarian Members shall not constitute more than 30% of the total number of hours worked by librarians;

(b) within 30 days of the end of the contract year, the University agrees to provide the Association with the names and the number of hours worked by non-member professional librarians in the library.

34.4 With respect to the number of intramural and online courses taught by part-time faculty, exclusive of lab and tutorial sections that are not part of the contract for an intramural course, the Parties agree that:

(a) in each academic year, subject to the exemptions in 18.2.3.1(e) and Appendix D, the number of intramural and online courses taught by part-time faculty, who are not retired Faculty Members, shall not constitute more than 35% of the total number of intramural and online courses offered; and

(b) by September 30, the University agrees to provide the Association with the names, by department, of non-members appointed and the number of intramural and online courses taught by each non-member.

34.5 If the University contracts with non-Members to perform the work of professional librarians and/or faculty in excess of the limits defined under 34.3 (a) and/or 34.4 (a), the University shall pay to Members an amount equal to the value of the work in excess of the limits according to the following:

(a) for excess work of librarians, the Librarian Members shall be paid in equal portions an amount equal to the number of hours of excess work times the hourly rate of the floor of the Librarian II;

(b) for the excess work of faculty, the Faculty Members shall be paid in equal portions an amount equal to the number of courses in excess of the limit times the value of the overload stipend for an undergraduate course under 30.10.1.

35.1 Resignation

35.1.1 Members shall give notice of intention to resign as early as possible, and usually at least one full academic term in advance of the planned date of resignation.

35.1.2 Letters of resignation, stating the intended date of resignation, shall be addressed to the Vice-President: Academic, with copies sent to the Chair or equivalent, and the Dean or equivalent administrative officer.

35.1.3 Resignations shall take effect and employment with the University shall terminate on June 30 of the contract year in question, unless otherwise agreed in writing by the Member and the University.

35.2 Retirement

35.2.1 Members shall not be required but shall be entitled to retire at the Normal Retirement Date (as defined under 29.2.1).

35.2.2 In order to facilitate planning by academic units and sub-units, Members shall give written notice of their intention to retire to the Dean/UL, copied to the Department Chair or equivalent, and to the Vice-President: Academic. Librarian members shall give such notice 6 months prior to the proposed date of retirement. Faculty Members shall give such notice on or before October 15 prior to the commencement of retirement on July 1. When changes in a Member's circumstances occasion a later notice of retirement, the University shall facilitate the Member's retirement.

When a Member continues to be employed by the University after their Normal Retirement Date the Member shall continue to participate in the University benefits plans as set out in 28.6.7 and 29.2.2.

35.2.4 Retired Members, including those who retired before October 3, 1988, and those receiving benefits from the Long Term Disability Plan shall be entitled to the benefits set out in 28.5.

35.3 Early Retirement

35.3.1 During the contract year in which a Member reaches the age of 55 years, or any subsequent academic year prior to the Normal Retirement Date, he or she may apply in writing to the Vice-President: Academic for Early Retirement under the terms and conditions specified in Article 29.2.3. Such a request shall not be denied.

35.3.2 A Member opting for Early Retirement shall qualify for the benefits provided in clause 28.5. A Member opting for Early Retirement shall not be eligible to apply for full-time Limited Term appointments.

35.4 Transfers

35.4.1 Upon recommendation from the University, Members may be transferred to units or sub-units of the University other than those to which they were originally appointed, subject to the mutual consent of the Member and the Members in the unit or sub- unit, whichever is smaller, to which the Member is being transferred. Consent of Members of the unit or sub-unit shall not be unreasonably withheld.

35.4.2 Members shall not be transferred to a campus of the University other than that to which they were originally appointed under 13.14.1 or 14.10.1, as appropriate, without their consent. The following exceptions apply:

(a) For faculty, in the exceptional circumstance that insufficient courses for which the Member is qualified are available for the Member on their home campus(es), and after all reasonable efforts have been made to assign the Member teaching on their home campus(es), a Member may be transferred to a different campus without consent.

(b) For Librarians, in the exceptional circumstance that insufficient work for which the Member is qualified is available for the Member on their home campus(es), and after all reasonable efforts have been made to assign the Member work on their home campus(es), a Member may be transferred to a different campus without consent.

35.4.3 Members who are transferred shall suffer no loss in rank, Reference Salary, benefits or seniority.

35.5 Security of Employment: No Member shall be terminated, dismissed, laid off, or suspended except in accordance with one of the following:

(a) voluntary resignation or retirement;

(b) expiration of a Limited Term appointment, in accordance with the provisions of Article 13 or Article 14, as appropriate;

(c) expiration of a Provisional or Candidacy appointment following denial of Candidacy, Tenure or Continuing appointment according to the provisions of Article 13, 14, 15, or 16, as appropriate;

(d) upon lay off in accordance with the provisions of Article 24;

(e) dismissal for cause, in accordance with the provisions of Article 26;

(f) upon suspension, in accordance with the provisions of Article 26.

36.1 General

36.1.1 The first consideration of the University in this Article 36 is to promote the teaching, research and other scholarly and creative activities of Members. The University also recognizes that the community it serves may also benefit from inventive and creative advancements in artistic, creative, technical and scientific knowledge which have been achieved by Members.

36.1.2 Each Member has the right to publish or otherwise disseminate the results of their research, scholarship or creative activities.

36.1.3 Intellectual property means any result of intellectual or artistic activity, created by a Member, that can be owned by a person. Intellectual property includes but is not limited to:

(a) inventions, publications, computer software, works of art, industrial and artistic designs, as well as all other creations that can be protected under patent, copyright, trademark or similar laws; and

(b) data bases, audio visual and computer material or equivalent circuitry, biotechnology and genetic engineering products (including plant cultivars and germ plasm), computer software, inventions, discoveries and all other products of research or discovery which are protected by a statutory regime through a registration system (such as patent or trademark registration), which may be licensable or otherwise protected by law; and

(c) computer software and lecture notes, instructional materials, laboratory manuals, articles, books, artifacts, works of visual art and music including any software which expresses the said notes, manuals, articles, books, artifacts, or works). The terms
"works or visual art and music" include productions (including sound, video, film, and hypertext multimedia).

36.1.4 Any provisions of this Article shall apply to joint creators of a piece of intellectual property, on a pro rata basis.

36.2 Ownership and Rights of All Intellectual Property

36.2.1 All intellectual property is owned by the Members who create it, except in those cases:

(a) where there is a written contract to the contrary between the creator, the University, and/or a third party which assigns the ownership rights of the intellectual property to the University or the third party; or

(b) where the University provides funds, resources, and facilities to the Member beyond those required for the payment of the Member's salary and benefits, for the provision of a normal academic environment in which to work, and for the performance of a regular workload by the Member, in which case, the Member shall agree to share ownership rights to the intellectual property with the University.

36.2.2 The University shall not enter into any agreement with a third party which alters or abridges, or has the effect of altering or abridging, the intellectual property rights of a Member without the Member's written consent.

36.2.3 In recognition of the University's commitment to scholarship, including teaching, research and publication activities:

(a) the University agrees that Members have complete intellectual and artistic freedom in the creation of intellectual property and the unqualified right to disseminate by any means whatsoever the intellectual property which they own; and

(b) with the exception outlined in 36.2.3(c), the Member shall grant to the University a non-exclusive, royalty free, irrevocable, indivisible, and non- transferable right to use, solely for internal, non-commercial educational and research purposes, all intellectual property developed by Members with the use of the University's time, facilities, and resources.

(c) for course content development for Online Learning, the Member shall grant to the University a non-exclusive, royalty free, irrevocable, indivisible, and non-transferable license, solely for internal, non-commercial educational and research purposes for a period of 10 years from the time course development is completed.

36.3 Patents

36.3.1 Where a Member is a party to a research contract and an invention is made by the Member in the course of research supported by that contract which has explicit provisions for patents and revenue sharing from such patents, the provisions of that contract take precedence over this Agreement.

36.3.2 The University acknowledges that it has no claim or interest in any Member's invention which does not arise from University supported activities. The Parties agree that the University has an interest in any Member's invention which does arise from University supported activities. For the purpose of this Article 36, University supported activities do not include the payment of salary to the Member, the provision of a normal academic environment in which to work, and the performance of regular workload by the Member, but do include the use of University funds, designated research facilities, or its support or technical personnel.

36.3.3 It is to the benefit of both the University and Members that potentially patentable discoveries or creations be disclosed to the University prior to public disclosure.

36.3.4 When potentially patentable discoveries or creations are disclosed to the University by a Member(s) and the University agrees to pursue a patent application, this protection shall be pursued in the name of the Member(s) who is the inventor(s), discoverer(s), or creator(s). The cost involved in this process shall be paid by the University. Where the inventor(s), discoverer(s), or creator(s) and the University agree to pursue the feasibility of patenting an invention, the Member(s) agrees to provide full co-operation and assistance in the preparation of the patent application, including disclosure of information containing potentially patentable discoveries which have not yet been protected. Such disclosures shall only be made within agreements of confidentiality. The University shall notify the Member(s) of its decision to file or not to file within 3 months of the disclosure.

36.3.5 If the University decides the potentially patentable discovery arose from University supported activities, and decides not to pursue patent protection, the Member(s) shall be so advised in writing within 3 months of disclosure to the University and may pursue patent protection at their own expense.

36.3.6 If the University decides that the potentially patentable discovery was unrelated to University supported activities, the Member may deal with the patent as they deem appropriate. This latter situation shall not preclude a joint development agreement between the Member and the University.

36.3.7 If, pursuant to 36.3.4, a Member does not disclose a potentially patentable discovery, and the Member makes an application for a patent, then the Member shall disclose the patent application to the University within 3 months of the application, and shall affirm in writing at the time of disclosure to the University whether or not the discovery has been made and developed as a result of University supported activities. If the Member(s) fails to disclose the existence of patent applications within 3 months, it shall be understood that the University maintains its rights under this Article until such disclosure is made. The University shall decide if the patent application arose from University supported activities, and shall notify the Member of its decision within one month of disclosure.

36.3.8 Members shall share in any royalties derived from the commercialization of patents which they have assigned to the University.

36.3.9 If the University pursues patent protection, then the royalties to be shared shall be those remaining after the recovery of the University's costs incurred in all the activities specifically involved in the patenting process, including the cost of development, but not including overhead. If the patentable discovery arose from University supported activities, and the Member decides to pursue patent protection without the University's aid, then the royalties to be shared shall be those remaining after the recovery of the Member's costs incurred in all the activities specifically involved in the patenting process, including the cost of development, but not including overhead. The sharing of the remaining royalties after the disbursements for costs shall be negotiated between the University and the Member(s).

36.3.10 In the event that the University elects not to proceed with an application for patent for an invention arising from University supported activities, and the Member subsequently obtains such a patent, the Member shall grant to the University a non- exclusive, royalty-free, irrevocable, indivisible and non-transferable licence to the use of the invention for the University's purposes.

36.3.11 The University's share of royalties shall be used to support research and scholarly activity.

36.3.12 The University shall not enter into any agreement with a third party which alters the patent rights of Members stated in this Article without their written consent.

36.4 Copyrights

36.4.1 The copyright on all literary works, dramatic works, musical works, artistic works, computer programs, or other forms of intellectual property produced or created by Members is vested in the Members who created the works. The benefits that may accrue to Members may be limited by the terms of external contracts and licencing agreements.

36.4.2 Notwithstanding clause 36.4.1, where the University specifically commissions the preparation of a particular work, at the time the commission is made the Member(s) who is the creator(s) and the University may negotiate specific conditions which may vest the copyright in the University, and the Member(s) as a minimum shall provide the University with a non-exclusive, royalty-free, irrevocable, indivisible and non- transferable licence to use the material for University purposes.

36.4.3 The University shall make no claim to the proceeds of publication for which it has provided no more than normal academic facilities, including research grants.

36.4.4 When the University has subsidized publication by a grant for that purpose, it may negotiate specific conditions with the Member(s) who is the creator(s) to participate in royalties.

36.4.5 Whenever a publication subsidy is made, the University shall stipulate at the time it offers the subsidy if it wishes to negotiate a claim to royalties that may accrue from publication thus supported; and if it does not, it shall be deemed to have waived any claim to royalties or other income.

36.4.6 Any funds which accrue to the University for royalties from copyrights in which it participates shall be used to support research and publication.

36.4.7 A transcription made from course material, which is the intellectual property of the course instructor and which complies with the purpose and procedures set out in Appendix G: Accessible Learning and access to Learning Management System Course Sites for Visually Impaired Students, is consistent with clause 36.2.2 above.

37.1 Definition

37.1.1 Subject to 37.1.2, research misconduct is defined as:

(a) fabrication and falsification of credentials, research findings or scholarly material;

(b) plagiarism, which includes but is not limited to:

(i) the unacknowledged presentation, in whole or in part, of the work of others as ones own;

(ii) the failure to acknowledge the substantive contributions of academic colleagues, including students, or others;

(iii) the use of unpublished material of other researchers or authors, including students or staff, without their permission;

(c) failure to obtain the permission of the author before making significant use in any publication of new information, concepts or data obtained through access to manuscripts or grant applications during the peer review process;

(d) attribution of authorship to persons other than those who have participated sufficiently in the work to take public responsibility for its intellectual content;

(e) the use of archival material in violation of the rules of the archival source;

(f) submission for publication of articles originally published elsewhere except where it is clearly indicated in the published work that the publication is intended to be a republication;

(g) the intentional misuse or wrongful diversion of funds designated for research purposes;

(h) material failure to comply with relevant federal or provincial statutes or regulations for the protection of researchers, human subjects, or the health and safety of the public, or for the welfare of laboratory animals;

(i) material failure to meet other relevant legal requirements that relate to the conduct or reporting of research;

(j) failure to reveal any material conflict of interest to the sponsors or to those who commission work or when asked to undertake reviews of research grant applications or manuscripts for publication, or to test products for sale or distribution to the public;

(k) failure to reveal to the University any material financial interest in a company that contracts with the University to undertake research, particularly research involving the company's products. Material financial interest includes ownership, substantial stock holding, a directorship, significant honoraria or consulting fees but does not include minor stock holding in a large publicly traded company; or

(l) other conduct defined as a form of research misconduct by the Joint Liaison Committee.

37.1.2 Research misconduct does not include those factors intrinsic to the process of academic research, such as conflicting data, or differences in interpretation or judgment of data or of experimental design.

37.1.3 For research funded by Tri-Council grants, research misconduct is further defined by the Tri-Agency Framework: Responsible Conduct of Research. Members who receive funding from the Tri-Agency are responsible for ensuring that they are in compliance with all Tri-Agency requirements.

37.1.4 Fraud and research misconduct does not include matters of fair and free expression provided for under Article 7: Academic Freedom.

37.2 Retention of Research and Scholarly Activity Materials

37.2.1 Members shall only be responsible for providing an arbitration board access to research and scholarly activity materials which are in their possession and not for research materials which may be stored in archives, libraries or other institutions which the University may consult at its expense and according to the rules of the host institution.

37.2.2 Normally, Members shall retain research and scholarly activity materials that are within their personal control for 5 years. No disciplinary action may be taken in respect of any research or scholarly activity if such disciplinary action is initiated more than 5 years after the date upon which such activity was completed.

37.2.3 If there are non-trivial financial costs involved in its retention, these costs shall be borne by the University. The Member shall be indemnified by the University for any material loss resulting from the search or seizure, change of supervisory personnel, or access by third parties to or the use of their research and scholarly activity materials in the course of any investigation, inquiry or arbitration.

37.2.4 Ownership of research and scholarly activity materials collected, created or otherwise assembled by a Member shall be vested in that Member unless ownership of such materials had been vested in a person other than the Member or the University prior to such creation, collection or assembly.

37.3 Receiving Allegations and Inquiry Stage

37.3.1 In order to conduct an inquiry to determine if a formal investigation is warranted, the Vice-President: Research or designate shall request in writing a meeting with the respondent, copied to the Association. The notice of this meeting shall inform the respondent of the purpose of the meeting, the nature of the allegation, that they are to retain all materials relevant to the allegation, and shall inform the respondent of their right to be accompanied by a representative of the Association.

37.3.2 Within one (1) month of the receipt of the allegation, the Vice-President: Research or designate shall conduct an inquiry and advise the respondent in writing whether:

(i) there is sufficient evidence to merit a formal investigation; or

(ii) there is insufficient evidence to merit a formal investigation.

37.3.3 If the Vice-President: Research or designate finds that there is insufficient evidence to merit a formal investigation, the allegation shall be dismissed and no action taken. The Vice-President: Research or designate shall inform the respondent and the complainant (if applicable) of this decision in writing. If the allegation involved an activity funded by the Tri-Council Agency, the Secretariat will also be notified of the decision in writing. In this event, no reference to the complaint shall be placed or retained in the Official File of the respondent. For allegations determined to be unfounded, the University will make every effort to protect and restore the reputation of those wrongly subjected to an allegation.

37.3.4 If the Vice-President: Research or designate finds that there is sufficient evidence to merit a formal investigation, they shall give written notice to the respondent, the Association, and the complainant (if applicable). The written notice shall include a copy of the allegation to allow the respondent an opportunity to respond, and shall inform the respondent in writing of their right to be represented by the Association at all meetings relevant to the investigation. If the allegation involved an activity by the Tri-Council Agency, the Secretariat will be notified that a formal investigation is to be initiated.

37.4 The Formal Investigation

37.4.1 Within 3 weeks of the written notice being sent to the respondent, as specified in 37.3.4, the Vice-President: Research or designate will appoint an investigative committee of 3 individuals who have the necessary expertise and who are without conflict of interest, whether real or apparent. At least one (1) of the members must be an external member with no current affiliation with the institution.

37.4.2 The investigative committee shall have 2 months from their appointment to investigate the allegations fairly, judiciously, and in a confidential manner using means it deems appropriate. The investigative committee must ensure the respondent is made aware of any evidence presented and has adequate opportunity to respond in writing if they choose to do so during the 2 month formal investigation period.

37.4.3 At the outset of each formal investigation, the investigative committee will inform the respondent of the timelines it intends to follow.

37.4.4 No person consulted by the University administration concerning the case shall be appointed an arbitrator in any subsequent arbitration proceedings dealing with the allegations against the respondent.

37.5 Outcome of the Investigation

37.5.1 After the conclusion of the formal investigation period, the investigative committee shall make a written report to the Vice-President: Research, copied to the respondent and to the Association. The report shall include a copy of the allegation, the written response, if any, of the respondent, the findings and recommendations of the committee, accompanied by a statement of reasons. The report shall be completed within 2 weeks of the conclusion of the formal investigation period.

37.5.2 Within 2 weeks following the receipt of the investigative committee's report, the Vice-President: Research or designate shall notify the respondent in writing, with a copy to the Association, of the outcome of the inquiry, including any actions or sanctions they propose to impose on the respondent. The Vice-President: Research or designate shall also inform the complainant in writing of the outcome of the inquiry (if applicable).

37.5.3 Decisions regarding disciplinary actions associated with findings of research misconduct will be made according to the provisions of this Collective Agreement. The respondent may appeal any discipline that is imposed under these procedures through the grievance and arbitration procedures of Article 27.

37.5.4 A statement from the Vice-President: Research that a Member was guilty of misconduct in research with or without any formal sanctions constitutes discipline under Article 26, and may be arbitrated. Any disciplinary action imposed on a Member for research misconduct shall be subject to the grievance and arbitration procedures of Article 27 except that the Parties agree that cases involving accusations of research misconduct will proceed directly to Stage II of the grievance procedure (Article 27.6.2).

37.5.5 If the University decides after Formal Investigation not to take disciplinary action against the respondent or if arbitration decides in favour of the respondent, the University shall remove all documentation concerning the allegation from the respondent's Official File, except that it shall retain any arbitration report which shall be a public document. The University agrees to take such steps as may be necessary and reasonable to protect the reputation and credibility of Members wrongfully accused of misconduct in research.

37.5.6 The University agrees to take such steps as may be necessary and reasonable to protect the rights, positions and reputations of Members who in good faith make allegations of research misconduct, or whom it calls as witnesses in the formal investigation undertaken by the Vice-President: Research or designate.

37.5.7 The University agrees that it will take disciplinary action against those who make allegations of misconduct in research which are reckless, malicious and not in good faith.

37.6 Reporting

37.6.1 If an accusation of misconduct in research is sustained in relation to research that is funded by an agency, the Vice-President: Research shall inform the agency concerned of the decision by the investigative committee or the arbitration board (if applicable). If the agency has been informed of the proceedings before a judgement has been rendered, the Vice-President: Research shall send a copy of the decision of the university or the arbitration board (if applicable) to the agency concerned.

37.6.2 If a formal investigation is undertaken in response to an allegation of policy breaches related to a funding application submitted to a Tri-Council Agency or to an activity funded by a Tri-Council Agency, within 7 months of the receipt of the initial allegation, the Vice-President: Research shall submit a report to the Secretariat on Responsible Conduct of Research. The timeline may be extended in consultation with the Secretariat if circumstances warrant, and with periodic updates provided to the Secretariat until the formal investigation is complete. Subject to any applicable laws, including privacy laws, the formal investigation report shall include the following information:

(i) the specific allegation(s), a summary of the finding(s) and reasons for the finding(s);

(ii) the process and time lines followed for the inquiry/investigation;

(iii) the researcher's response to the allegation, investigation and findings, and any measures the researcher has taken to rectify the breach; and

(iv) the investigation committee's decisions and recommendations, and actions taken by the university.

The report should not include:

(i) information that is not related specifically to Agency funding and policies; or

(ii) personal information about the researcher, or any other person, that is not material to the university's findings and its report to the Secretariat on Responsible Conduct of Research.

37.6.3 The University shall post annually on its website information on the confirmed findings of breaches (e.g., the number and general nature of the confirmed breaches), subject to applicable laws, including privacy laws, and report annually to the Secretariat the total number of allegations received involving Agency funds, the number of confirmed breaches and the nature of those breaches, subject to applicable laws, including privacy laws.

37.6.4 By March 31 each year the Vice-President: Research or delegate shall provide a copy of the annual report prepared and filed by the University with the Secretariat on Responsible Conduct of Research to the Association.

37.7 Conflict of Interest: In the event that the Vice-President: Research, or a staff member of the Office of Research is the complainant, the President shall appoint a designate other than the Vice-President: Academic to serve in the place of the Vice-President: Research for the purposes of this Article on Fraud and Misconduct in Academic Research and Scholarly Activity.

38.1 In support of Members' teaching, research and professional activities, the University shall provide a professional expense reimbursement and travel funds as outlined below.

38.2 Professional Expense Reimbursement

38.2.1 The University shall make available to each Member a Professional Expense Reimbursement annually for the period from July 1 to June 30. This Professional Expense Reimbursement is authorized for the purchase of items related to the performance of the Member's University-related professional and/or teaching duties. Expenditures that can be classified as University career-related include, but are not limited to, the purchase of books, subscriptions, memberships in professional associations, equipment directly related to teaching or research activities, and travel- related expenses not covered by or in excess of other travel grants. Subject to documentation in accord with University requirements, the University shall reimburse Members up to the maximum sum available for eligible expenses. Effective July 1, 2020, and for the term of this Collective Agreement, the Professional Expense Reimbursement shall be $1,250 per year.

38.2.2 Monies unspent in a Member's Professional Expense Reimbursement for an academic year shall be added to the Member's allowance for the next academic year. The amount of such carry-over shall not exceed $1,250.

38.2.3 Requests for reimbursement may be made at any time for amounts in excess of
$100.00. Otherwise, requests for reimbursement for expenses incurred during the period ending June 30 must be submitted no later than July 15, and cannot be carried forward for submission in the next contract year. By May 1st of each year, the Dean or UL shall notify each Member of the balance of the Member's Professional Expense Reimbursement, and of the need to file for reimbursement by July 15.

38.2.4 Monies unspent in a Member's Professional Expense Reimbursement at the end of the second year, pursuant to 38.2.2, shall be allocated to a special account under the jurisdiction of the Dean or Librarian of the unit, as appropriate, to be administered for Members' travel in addition to the provisions of 38.3.1.

38.3 Travel Funds

38.3.1 Effective July 1, the University shall make available to Members in each Department, School, Faculty or Library, as appropriate, an annual travel fund at least equal to the number of Members in each Department, School, Faculty or Library, as appropriate, multiplied by: $950 per year for the term of this Collective Agreement. Subject to the authorization of the Dean, UL or designate, these funds shall provide for payment of Members' costs for travel, accommodations and other related expenses incurred for attendance at learned or professional conferences, symposia or for other academic or professional purposes, including online conferences or workshops.

38.3.2 During each Fall term, and not later than November 15th, the Chair or equivalent of the academic sub-unit or equivalent, or the Dean in the case of the Faculties of Education, Music and Social Work, or the UL in the case of Librarian Members, shall provide Members of the academic sub-unit or unit, as appropriate, with a statement of travel expenditures during the current contract year listing the names of recipients, amounts granted, and the balance remaining of travel monies unspent. Within 22 days of the end of the contract year, Chairs or equivalent shall provide Members with an annual statement of travel expenditures listing the items identified above. Copies of these statements shall be sent to the Association.

38.4 Travel Reimbursement Rates

38.4.1 Requests for travel advances and payment of travel claims must be submitted on the appropriate University forms in accordance with the University's accounting procedures.

38.4.2 The reimbursement for travel will be made in accordance with the University's Expense Handbook. The amounts allowed for per diem expenses (in Canadian dollars for travel in Canada, and in U.S. dollars for travel outside Canada) without receipts are:

• • $10 - breakfast
  • $15 - lunch
  • $30 - dinner
  • $15 - incidentals
  • Total: $70

39.1 Any appointment of an administrator, excluded from the Bargaining Unit under 3.1.2(a), to an academic position shall be in accordance with the procedures for academic appointments under Article 13 or 14 of this Agreement.

39.2 A full-time faculty member or full-time librarian member, who is excluded from the Bargaining Unit by virtue of holding an administrative appointment under 3.1.2(a), and who would otherwise be a Member of the Bargaining Unit, shall return to an academic position as a full-time Member of the Bargaining Unit upon the completion of their term of office, or resignation or termination of their appointment as an administrator.

39.3 Termination from an administrator position is not termination from an academic position. Termination of an academic appointment shall follow the applicable provisions of this Agreement.

39.4 At the completion of an administrative position and any administrative leave, the salary and benefits shall be under the terms of this Agreement. In accordance with 30.12, administrative stipends shall not be retained.

39.5 When a Member of the Bargaining Unit is appointed to an administrative position excluded from the Bargaining Unit under 3.1.2(a), that Member's academic unit shall receive a full-time replacement.

39.6 When a Member of the Bargaining Unit is appointed to a Vice-Dean position excluded from the Bargaining Unit under 3.1.2(a), that Member's academic unit shall receive a full-time replacement.

39.7 An administrator who does not hold an academic position is eligible to apply for an academic position during the term of the administrative position or administrative leave.

39.8 Any award of tenure/continuing appointment or promotion in academic rank shall be in accordance with the procedures under Article 15 or 16 as appropriate.

There shall be no strikes and no lock-outs, as defined by the Ontario Labour Relations Act, so long as this Agreement continues to operate.

41.1 In the event of an amalgamation, consolidation, or merger of the University or any of its constituent units or sub-units with any other institution(s), the provision of Section 69 of the Ontario Labour Relations Act, as amended from time to time, shall apply.

41.2 In the event of an expansion or extension of the University through the creation of Colleges, Schools, or any other academic units or sub-units offering academic programmes, or the offering of courses at locations other than the main campus of the University, the employees eligible for membership in the bargaining unit in such Colleges, Schools, or other academic units or sub-units, or offering courses at other locations shall immediately become Members of the bargaining unit, to whom the provisions of this Agreement shall apply.

41.3 In the event that plans are submitted to Senate, or to the Board, or to any committee of Senate or the Board, for the amalgamation, consolidation, or merger of the University or any of its academic units or sub-units, programs or courses, the University shall consult with the Association, providing full disclosure of such plans, if such plans affect the terms and conditions of employment of Members.

41.4 Article 23: Program Redundancy shall apply to any redundancies occurring as a consequence of any amalgamation, consolidation, merger or other restructuring of academic units, sub-units, programs or courses with another institution.

42.1 Any grievance filed after ratification of this Agreement shall be dealt with according to the provisions of Article 27, and the action or actions being grieved shall be judged according to the procedures, practices and criteria prevailing on the day on which the events giving rise to the grievance occurred.

42.2 The Joint Liaison Committee shall be responsible for recommending to the Parties such arrangements as may be necessary to ensure an orderly transition to the provisions of this Agreement.

The Agreement shall be binding on both Parties and shall come into effect upon ratification by the Parties hereto, and shall remain in force until June 30, 2020. This Agreement shall automatically renew itself on June 30, 2020 for a period of one (1) year, and for successive one (1) year periods thereafter, unless either Party notifies the other in writing within the period of 90 days prior to June 30, 2020, and any subsequent expiry date thereafter, that it desires to bargain with a view to the renewal, with or without modifications, of this Agreement, or that it desires to bargain with a view to the making of a new Agreement.

This Collective Agreement signed at Waterloo, Ontario, this day of 2017.

On behalf of ·ï»Ë²ÊƱƽ̨:

• Deb MacLatchy, President and Vice-Chancellor
• Allison Roberts, Chief Negotiator
• Witness

·ï»Ë²ÊƱƽ̨ Association, 75 University Avenue West, Waterloo, ON, N2L 3C5
T: 519.884.1970
Fax: 519.746.2472

On behalf of Wilfrid ·ï»Ë²ÊƱƽ̨ Faculty Association:

• Michele Kramer, President
• Azim Essaji, Chief Negotiator
• Witness

·ï»Ë²ÊƱƽ̨ Faculty, c/o ·ï»Ë²ÊƱƽ̨, 75 University Avenue West, Waterloo, ON, N2L 3C5
T: 519.884.1970 x3721
Fax: 519.888.9721

Between: ·ï»Ë²ÊƱƽ̨ Faculty Association, Applicant – and – ·ï»Ë²ÊƱƽ̨, Respondent. 

Certificate

Upon the application of the applicant and in accordance with the provisions of the Labour Relations Act, this board doth certify ·ï»Ë²ÊƱƽ̨ Faculty Association as the bargaining agent of all full-time faculty and professional librarians employed by ·ï»Ë²ÊƱƽ̨ in the Regional Municipality of Waterloo, save and except the President, Vice-presidents, Deans, Director of Computing Services and the University Librarian and Archivist.

This certificate is to be read subject to the terms of the Board's decision(s) in this matter and, accordingly, the bargaining unit described herein is to be read subject to any qualifications referred to in the said decision(s) of the Board.

Dated at Toronto this 3rd day of October, 1988.

(Seal) T.A. Inniss, Registrar

Ontario Labour Relations Board

0477-88-R ·ï»Ë²ÊƱƽ̨ Faculty Association, Applicant v. ·ï»Ë²ÊƱƽ̨, Respondent v. Group of Employees, Objectors.

Before: S.A. Tacon, Vice-Chair, and Board Members M. Rozenberg and H. Peacock.

Decision of the Board

October 3, 1988

1. By decision dated August 17, 1988, the Board found that the applicant was a trade union within the meaning of section 1(1)(p) of the Act, set out the partial agreement of the parties with respect to the bargaining unit description, appointed a Board Officer to inquire into and report back to the Board on the matters set out in paragraph 17 of that decision and, pursuant to the Board's discretion under section 6(2) of the Act and pending the final resolution of the composition of the bargaining unit, certified the applicant as bargaining agent for the unit described in paragraph 20 of that decision.

2. The Board Officer convened a meeting of the parties pursuant to the Board appointment. All parties were invited to attend; only the applicant and respondent appeared. Following discussions, the applicant and respondent reached the following Minutes of Settlement:

File No. 0477-88-R between ·ï»Ë²ÊƱƽ̨ Faculty Association, Applicant -and- ·ï»Ë²ÊƱƽ̨, Respondent

Minutes of Settlement

In order to resolve their differences in the aforementioned matter the parties have met with Board Officer J. Greenberg, appointed in paragraph 17 of the Board decision dated August 17th, and have settled the matter in full and final as follows:

1. The parties agree to the following bargaining unit description and clarity note for a final certificate subject to the Board's determination of same:

All full-time faculty and professional librarians employed by the respondent in the Regional Municipality of Waterloo, save and except the President, Vice- Presidents, Deans, Director of Computing Services and the University Librarian and Archivist.

Clarity Note:

For purpose of clarity, the parties agree that persons holding visiting or In- Residence appointments for one (1) year or less are not included in the bargaining unit.

2. The parties agree that the Systems Specialist position in the Library is not included in the bargaining unit because of lack of community of interest with the groups properly included.

3. The parties agree that the library heads will be included in the bargaining unit as a result of their community of interest. The parties agree that the above agreement is without prejudice to the right of the respondent ·ï»Ë²ÊƱƽ̨ to bring a s. 106(2) application to the Ontario Labour Relations Board at any time to determine whether certain persons should be excluded on a managerial basis.

4. The parties further agree that In-Residence appointments may only be given to specialists in an applied field who are not qualified for a regular faculty position and do not assume a normal teaching load and are not required to do basic academic research during their appointment.

5. The parties recognize that the negotiations and subsequent collective agreement covering this bargaining unit may contain "items which accord different rights or benefits or terms of employment to Librarians," as distinct from Faculty members. Those "items" shall be included in the agreement as a separate section or article(s).

6. The parties waive a formal Labour Relations Officer Report.

Dated at Waterloo on this 28th day of September, 1988

• Joyce Lorimer, for the Applicant
• Russell W. Muncaster, for the Respondent

3. Having regard to that settlement, the Board finds the following to constitute a unit of employees appropriate for collective bargaining:

all full-time faculty and professional librarians employed by the respondent in the Regional Municipality of Waterloo, save and except the President, Vice-Presidents, Deans, Director of Computing Services and the University Librarian and Archivist.

Clarity Note:

For purpose of clarity, it is understood that persons holding Visiting or In-Residence appointments for one (1) year or less are not included in the bargaining unit. Further, for purpose of clarity, it is understood that the Systems Specialist position in the library is not included in the bargaining unit.

4. A formal certificate shall issue in respect of the above-noted bargaining unit.

• S.A. Tacon, for the Board

Within 2 months of the ratification of the Agreement, the Joint Liaison Committee shall appoint a mutually agreed upon panel of 9 Members to be available for service on a Research Grants Appeal Committee.

Before initiating an appeal of the denial of a research grant, the Member shall write to the Vice-President: Research requesting a written statement of reasons for the denial of the grant. The Vice-President: Research or designate shall respond to this request within 5 days of receipt of the request. If the Member wishes to proceed with the appeal of the denial of an internal research grant or instructional development grant, the Member shall make a request for an appeal in writing to the President within 10 days of receipt of this written statement of reasons. If no written statement of reasons is provided by the Vice-President: Research or designate, the Member shall make a request for an appeal in writing to the President within 15 days of receipt of the notice of denial of the grant application.

The President shall notify the Association of the appeal and shall convene a Research Grant Appeals Committee, comprised of 3 members chosen from the panel appointed by the Joint Liaison Committee. One member shall be first appointed by the University, and then one member appointed by the appellant. A third member shall be selected from the panel by these 2 representatives, and shall chair the committee. No one shall serve on the Committee who has a conflict of interest as defined under Article 9.

Within 15 days of the Member's request for an appeal, the Research Grants Appeal Committee shall commence its hearings. The appellant shall provide a written statement of reasons for the appeal including matters relevant to policy and procedure as well as to the academic grounds for the appeal. Upon the request of the Committee, the University shall provide the information which the Committee deems relevant to the appeal. The Member and the Vice-President: Research or designate shall be invited to appear before the Committee. The Member may be accompanied by a representative of the Member's choice. The Member may choose not to appear before the Committee.

Within 25 days of the Member's request for an appeal, the Committee shall report its findings with a written statement of reasons to the Member and to the President, with a copy to the Association. If the Committee finds in favour of the appellant, the Committee shall recommend to the President the award of a research or instructional development grant, or other forms of remedy it deems appropriate. Within 5 days of receiving the Committee's report, the President shall inform the Member, with a statement of reasons, of his decision on the appeal. The President's decision shall be copied to the Association.

1. All faculty appointed to Canada Research Chairs at the University shall be Members of the Bargaining Unit of full-time faculty and professional librarians represented by WLUFA, and shall be subject to the terms of the Collective Agreement. In clarification of specific conditions that apply to the Canada Research Chairs, the Parties agree to the provisions set out below.

2. All Canada Research Chairs shall be appointed with tenure in one of the two following categories: Tier 1, a 7 year renewable appointment, or Tier 2, a 5 year renewable appointment. All Tier 1 Canada Research Chairs shall be appointed with tenure. Tier 2 Canada Research Chairs shall normally be appointed with tenure.

3. All applications/nominations for Canada Research Chairs shall be reviewed by the Department Appointment and Promotion Committee (or equivalent) which shall make a recommendation to the Dean and the University CRC Review Committee.

4. When a CRC appointment is an initial appointment with tenure, Articles 15.4, 15.5, 15.6 and 15.7 shall apply.

5. A Member with a Tier 1 or Tier 2 CRC appointment shall be eligible to take a Sabbatical Leave during the term of the appointment on the same basis as other Members under the sabbatical leave provisions in 17.2. A Member on a Tier 1 CRC appointment who opts to defer a Sabbatical Leave until the completion of the initial CRC appointment shall be eligible for a 12-month Sabbatical Leave at 100% of their Reference Salary at the conclusion of the seven-year appointment term. If the Member has received a subsequent CRC appointment, the Sabbatical Leave shall be taken in the first year of the subsequent appointment, and the Member is entitled to a further 12-month Sabbatical Leave at 100% of their Reference Salary at the end of the subsequent seven-year appointment term, 6 years later. Members who take a Sabbatical Leave during the term of their CRC appointment will continue to receive their stipend during the leave period. The stipend ceases to be paid once the Member ceases to hold a CRC appointment.

6. Under Article 18, the normal teaching load for a Member with a CRC shall be one course per term (one credit per academic year). A Member with a CRC shall not be eligible for overload teaching under 18.2.7.

7. A Member with a CRC shall have a Reference Salary. This Reference Salary shall be subject to the increments and adjustments under Article 30. This Reference Salary shall also be the basis for the provision of benefits under Article 28 and for pension contributions under Article 29. A Member who is employed by the University when they receive an appointment to a CRC position may have their Reference Salary adjusted. Any such adjustment to a Member's Reference Salary shall be reported to the Association.

8. In addition to the Reference Salary, a Member with a CRC shall receive a stipend. The value of the stipend shall be stated in the letter of appointment. When the CRC appointment terminates, the stipend shall end.

9. Under 28.8, a CRC Member, if eligible, shall receive a relocation allowance plus any additional allowance to cover costs as agreed to by the Vice-President: Academic.

10. When a CRC appointment terminates on or before the expiration of its term, the conditions above no longer apply, and the Member shall be subject to the terms and conditions of the Collective Agreement.

The Parties agree that for the duration of this Agreement, there shall be an addition of intramural courses exempt from the limitation of 34.4 (a) in each academic year equivalent to the number of course reductions for Members on Phased-in Retirement under Article 29 during any part of that academic year.

Whereas retired faculty members of the full-time bargaining unit who teach courses under part-time contract are Contract Academic Staff and Members of the Part-time Bargaining Unit, and whereas those retired faculty members enjoyed rights of first consideration for such teaching under the 1999-2002 Full-time Agreement, and in negotiations the Parties agreed to amend that provision to harmonize it with the Part-time Agreement, the Parties agree that the terms of clause 13.7.5 of the Collective Agreement for Part-time Contract Academic Staff and Part-time Librarians, 2016-2019, as reproduced below, apply to Faculty Members who retire under the terms of this Agreement and to full-time Faculty Members who are within 12 months of retirement.

Excerpt from the Collective Agreement for Part-time Contract Academic Staff and Part-time Librarians, 2019-2022

13.7.5 Retired Faculty Members

13.7.5.1 Retired faculty members of the full-time bargaining unit who teach courses under part-time contract are Contract Academic Staff and Members of the Part-time Bargaining Unit.

13.7.5.2 Retired faculty members may apply to teach courses for which they are qualified under 13.5 and 13.6 of this Agreement, and such applications shall be considered under the same terms as other applications.

13.7.5.3 Full-time faculty members within 12 months of retirement and retired faculty members may apply to be placed on the roster of part-time instructors of the academic unit or sub-unit as appropriate in accordance with 13.5.4.

13.7.5.4 Retired faculty members and full-time faculty members within months of retirement who make an application to teach course(s) as CAS Members shall be eligible for seniority status in any course they have taught within 2 years of the date of retirement.

13.7.5.5 If the applicant under 13.7.5.4 has a satisfactory record as a teacher, the PTAC shall recommend to the Dean that the applicant be granted seniority status. If the PTAC recommends that seniority status be denied, it shall forward that recommendation in writing with reasons to the Dean, copied to the applicant. The PTAC shall forward its recommendation to the Dean within 10 days of receipt of the application.

13.7.5.6 The Dean's decision about granting seniority status shall be in accordance with 13.7.2.7. If a full-time faculty member within 12 months of retirement is denied seniority status, the Dean's assessment of the Member's teaching performance as unsatisfactory may be grieved under Article 27 of the Full-time Agreement. If the Dean denies an application for seniority status by a retired faculty member, the Association may file an Association grievance under Article 23 of this Agreement.

13.7.5.7 Members who have retired from the full-time bargaining unit shall count towards seniority under this Agreement courses taught in their last 2 academic years prior to retirement. If the retired faculty member wishes to have seniority points assigned for courses taught before retirement considered for their application for courses in the CAS Bargaining Unit, they shall submit to the PTAC, copied to the Office of Faculty Relations, a CAS Roster Application Form listing those courses. No later than 10 days following receipt of this form, the Office of Faculty Relations shall provide to the retired faculty member, copied to the PTAC, a report of the courses the retired faculty member has taught and their seniority points to date. Once the retired faculty member has joined the CAS Bargaining Unit, they shall accrue seniority points for course(s) in accordance with 13.7.1.

13.7.5.8 Members who have retired from the full-time bargaining unit shall be subject to 13.7.3, but they shall not have access to full-time positions under 13.7.3.6. The provisions of this Agreement shall not exclude a Member who has retired from the full-time bargaining unit from applying for or being considered for full-time employment with the University.

In accordance with 15.4.6, 15.4.7 and 16.5.5(a), the Parties agree that requests for letters of reference from assessors of Members’ applications for tenure and promotion to the rank of Associate Professor, or promotion to the rank of Professor or Librarian IV shall be in the following form:

Subject: Request to serve as referee for promotion of [name of candidate] at ·ï»Ë²ÊƱƽ̨

Dear [blank]

[Title and name of the candidate] is being assessed at ·ï»Ë²ÊƱƽ̨ for tenure and promotion to the rank of Associate Professor. You have been suggested as a possible assessor of the applicant’s scholarly or professional achievement. If you are willing to undertake this work for us, and if you can do it by [date], we would be most grateful. Since academic decisions are the most important that a university can make, we would certainly value your assistance in this process.

OR

[Title and name of the candidate] is being assessed at ·ï»Ë²ÊƱƽ̨ for promotion to the rank of Professor [if applicable, specify in a Professional Teaching Position (PTP)]/Librarian IV. You have been suggested as a possible assessor of the applicant’s [specify: scholarly or creative achievement; teaching; professional achievement (or some combination, as stated by applicant)] Since academic decisions are the most important decision that a university can make, we would certainly value your assistance in this process.

If you feel there may be conflicts of interest in assessing this applicant, we ask that you excuse yourself from this undertaking. Conflicts of interest include having been a research supervisor or graduate student of the candidate, or having collaborated with the candidate within the past 6 years or having plans to collaborate in the immediate future. A reviewer cannot be in any other conflict of interest. Merely knowing the person in question does not constitute a reason for not providing an assessment.

If you are willing to undertake this work for us, and if you can do it by [date], we would be most grateful. If you are willing to serve, I shall immediately forward you [candidate’s name] curriculum vitae that includes a list of their publications, scholarly achievements, and major professional activities. I will also send you documentation in their application file and the criteria for evaluating their scholarship and teaching that are used to assess [tenure and promotion to the rank of Associate Professor OR promotion to Professor] under the terms of the Collective Agreement [for tenure and promotion to Associate Professor:, along with the department/program’s Tenure and Promotion to Associate Professor Guidelines]. We ask that you restrict your assessment to the evaluation criteria in our Collective Agreement and do not offer conclusions as to the suitability of the applicant for tenure and/or promotion at your home institution.

Alternative Paragraph for Librarians

If you are willing to undertake this work for us, and if you can do it by [date], we would be most grateful. If you are willing to serve, I shall immediately forward you [candidate’s name] curriculum vitae that includes a list of their publications, scholarly achievements, and major professional activities. I will also send you documentation in their application file and the criteria for evaluating their scholarship that are used to assess promotion to Librarian IV under the terms of the Collective Agreement. We ask that you restrict your assessment to the evaluation criteria in our Collective Agreement and do not offer conclusions as to the suitability of the applicant for tenure and/or promotion at your home institution.

If you agree to provide an assessment of [the candidate’s name],please respond to this email.

Yours sincerely,

Chair, Department of...

Refer to University Policy 2.4 and 2.3 and the Alternate Format Requests from the Accessible Learning Center.

The Parties support the principle of accommodation for students with disabilities to provide for their inclusion and full participation in the university community, and further recognize that the University is bound by legislation to provide accommodation for students with disabilities (Ontario Human Rights Code and Ontarians with Disabilities Act 2001).

The Parties further accept that such accommodation shall be made in ways that do not infringe upon the Intellectual Property of full-time faculty Members under Article 36 of the full-time collective agreement and of CAS members under Article 20 of the part-time collective agreement.

In order to provide access to course materials for visually impaired students, the Parties agree that the transcriptionist in Accessible Learning shall be given access to the Learning Management System site for a course in which a visually impaired student is enrolled. On any transcription of course material, the transcriptionist shall include the following statement:

"This transcription is derived from course material which is the intellectual property of the course instructor, and is provided solely for the purpose of study in the course and shall not be copied or reproduced for any other purpose."

A Merit Increment may be made to recognize Members for outstanding or superior performance of a Member's responsibilities, including: teaching; research or other scholarly activities; or academic, professional or University community service. For Librarians, merit shall be awarded for outstanding or superior performance of duties and responsibilities in accordance with 19.1.1. Merit for outstanding or superior performance in up to 2 areas may be awarded only when satisfactory performance is demonstrated in the remaining area(s).

The process for allocating and awarding a Merit Increment shall be as follows:

1. The amount of the Merit Increment available to Members shall be $1,200, which shall be added to the Member's Reference Salary.

2. The University shall establish an annual merit pool consisting of $126,000. Funds for Merit Increments shall be allocated to academic units based on the proportion of eligible Members in each academic unit as of July 1 in each year. Where the number of eligible Members in an academic unit is less than 7, the unit shall receive an allocation of $1,200. Any unused funds shall be returned to the central funds of the University.

3. All eligible Members will be considered biennially for a Merit Increment based on their last 2 Annual Reports of Activities. Members may include additional information to be considered for Merit with their last 2 Annual Report of Activities submissions as specified in 18.5.2. That information may include the category(ies) for which a Member wishes to be considered.

4. Deans and the UL will randomly assign unit Members to biennial cohorts that will establish eligibility for Merit consideration. These cohorts will be approximately equal in number, barring retirement, terminations, and resignations. New Members will be assigned to maintain approximately equal cohorts.

5. Members holding Provisional, Candidacy, Tenured and Continuing Appointments are eligible for Merit Increments, including those on leave under Article 17, but with the exception of those on a leave of absence without pay under Article 17.8.

6. Each academic unit shall elect from among eligible Members a merit review committee. For the Faculty of Education, the committee shall be an inter-faculty committee, with Members from multiple Faculties. These Members shall be nominated and elected by eligible Members in the Faculty of Education. This committee shall be established annually by April 1 and shall have not fewer than 3 and not more than 7 members, including an Equity Representative in accordance with 22.2.5(b). An academic sub-unit shall be represented by no more than one Member on the committee. No faculty Member shall be a member of the merit review committee during the academic year in which they are to be considered for a Merit Increment.

7. Each merit review committee shall establish unit-specific criteria in each of the performance categories. The Merit Review Committees will also consider the sub-unit's Tenure and Promotion to Associate Professor Guidelines when assessing meritorious performance for that sub-unit. The committee shall be responsible for setting its own procedures, including an appropriate distribution of Merit Increments across the performance categories, approximating 40% for scholarship, 40% for teaching, and 20% for service. In Faculties in which 2 Merit Increments are awarded, one shall be awarded for scholarship and one shall be awarded for teaching and/or service. In Faculties in which one Merit Increment is awarded, the Merit Review Committee shall decide if it is awarded for scholarship, teaching, or service. Academic units shall indicate the performance category or categories for each award.

8. No later than 11:59 p.m. on May 10th, the Dean/UL shall send to the unit-specific Merit review committee the last 2 Annual Report of Activities submissions for the Members under consideration.

9. Each merit review committee shall be informed of the total amount available for distribution among Merit Increments as specified in 30.8.

10. By no later than June 30, the merit review committee shall make recommendations to the Dean/UL on the distribution of Merit Increments, including the recommendation and a brief supporting rationale for each reviewed Member.

11. By no later than July 15, the Dean/UL shall review the committee's recommendations and forward their recommendations along with the recommendations of the merit committee to the Vice-President: Academic.

12. By no later than July 31, the Vice-President: Academic will decide on the awarding of Merit Increments.

13. By no later than August 31, the recipients shall be notified.

14. Merit Increments shall be included in the Reference Salary of recipients retroactive July 1 in accordance with Article 30.1.3.

15. Decisions concerning Merit Increments are subject to the grievance and arbitration procedure of the Collective Agreement only to the extent of allegations that a decision concerning merit was discriminatory as defined in Article 8 of the Collective Agreement, or made in a manner contrary to the procedures set out herein. In no case shall an arbitrator have the jurisdiction to award a Merit Increment.

16. The Vice-President: Academic shall, by August 31, publish (a) the number of Members eligible for merit, and (b) the names of the recipients of Merit Increments. The Vice-President: Academic shall also circulate the list of names to all Members, and send a copy to the Association.

17. The University shall provide The Association with the following information annually:

i. A list of the merit committee members for each Academic Unit

ii. The total amount of money available for distribution for each Academic Unit

iii. A report of the Members reviewed, their Academic Unit and gender distribution per academic unit where feasible,

iv. A report of the successful Members, their Academic Unit and gender distribution per academic unit where feasible.

The Dean, when drafting the duties and responsibilities of the Vice-Dean, may include all articles in the Full-time Faculty and Professional Librarians Collective Agreement (2017- 2020) except those listed as follows. The exclusion of the duties and responsibilities in these Articles does not preclude the Vice-Dean from undertaking any preparation of discovery work on behalf of the Dean.

Each advertised full-time appointment shall have its own unique description with the components outlined in the details below. Advertisements appearing in different media must be consistent.

The following components shall be in all advertisements for each position:

• The area of specialization.
• The Department, or the Department and Area (for Departments with Areas), or the Program (for programs that are not Departments), or Faculty (in Faculties without Departments) of the appointment.
• The campus(es) and/or location(s) of the position.
• The rank of the position: When the advertised appointment could be made at more than one rank, there should be separate short lists for each rank.
• The type of position: Tenure-track, limited-term, etc.
• The duties and responsibilities of the position: These duties and responsibilities shall be explicitly identified in the advertisement.
• The qualifications required for appointment: These qualifications shall be explicitly identified in the advertisement and shall coincide with the evaluative criteria to be used in the search.
• The application package: The materials required to evaluate the candidates against the qualifications of the position must be stated to allow the systematic evaluation of candidates. For Faculty Members, this will typically include a curriculum vitae, a teaching dossier (or equivalent record of teaching philosophy and practice), samples of published work, and names of referees. The submission of applications: Clear information on how to submit application packages shall be provided.
• Contact information shall be provided in the event that potential applicants have questions regarding the posting.
• Deadline date.
• The University’s current employment equity statement.
• Immigration Regulations: The University’s current statement regarding immigration and priority consideration for Canadian citizens and permanent residents.
• Self-Identification Survey: The University’s current instructions for self-identification as members of equity-seeking groups for hiring purposes.

1. In formulating Guidelines for Tenure and Promotion, each sub-unit, and Area in the Department of Business, shall:

a) With regard to scholarship, develop guidelines that reflect the diversity of scholarship represented in the sub-unit or Area, and that encompass, but are not limited to, all the types of scholarship set out in 15.7.2(b) that are relevant to the sub-unit or Area;

b) With regard to teaching, devise guidelines that assess all relevant aspects of teaching set out in 31.2.2, and that are based on, but not limited to, the sources of information in 31.2.5; furthermore,

i) No guidelines on teaching may rely exclusively, or primarily, on information obtained from student questionnaires or student opinions;

ii) All guidelines shall adhere to the conditions set out in 31.2.4.

c) With regard to service, formulate guidelines that recognize the stage of the Member’s career;

d) With regard to scholarship, teaching and service, develop guidelines that recognize, where applicable, a Member’s additional contribution to teaching under 18.2.1.5 and 18.2.1.6;

e) Ensure that any guidelines are consistent with the principles of equity in tenure and promotion, as set out in 22.2.5; and,

f) Provide a rationale for the guidelines proposed; the rationale may refer to comparator programs, past performance of Members in the sub-unit or Area, or the goals of the sub-unit or Area.

2. Before going into effect, any Guidelines shall

a) be approved by the relevant department-in-council, or program-in-council; in the Department of Business, Guidelines for each Area shall be approved by the relevant Area Committee and Business Council;

b) be approved by the relevant Dean and submitted to the Office of the Vice-President Academic: with copies to the Faculty Association and Faculty Relations.

3. The Guidelines shall only apply after their adoption in accordance with (2), and only to those subsequently hired into Provisional Appointments, or directly into Candidacy Appointments.

4. Each sub-unit, and Area in the Department of Business, shall review, and may revise, its Guidelines no more than five years after they go into effect. Any revised Guidelines shall only go into effect following approval in accordance with (2).
Each sub-unit, and area in the Department of Business, shall formulate Guidelines no later than June 30, 2021.

Letter of Understanding between ·ï»Ë²ÊƱƽ̨ and the ·ï»Ë²ÊƱƽ̨ Faculty Association

Re: Articles 8, 13, 14 and 22 of the Collective Agreement between the University and WLUFA for Full-time Faculty and Professional Librarians

Whereas the Parties are committed to non-discrimination under Article 8, and to fairness and equity in appointments under Articles 13, 14, and 22; and

Whereas the Parties agree to provide education and guidance on best practice in hiring to Members and others who participate in the evaluation and recommendation of candidates for appointment;

The Parties agree that the guidelines for fair and equitable procedures in appointments, as specified below, shall be made available to Deans, Associate Deans, Department Chairs, Temporary Chairs, Program Coordinators, chairs of Department (or equivalent) Appointment and Promotion Committees, under 13.12, and other Members involved in the evaluation and recommendation of appointments under Articles 13 and 14;

The Parties further agree that the chairs and members of Appointment and Promotion Committees shall follow the guidelines below in their respective committee's procedures for the assessment of applications and interview of short-listed candidates for appointment.

Guidelines for Fairness and Equity in Appointments

Appointments

Appointment procedures shall be in accordance with Articles 13 and 14 of the Full-time Collective Agreement. The procedures set out below shall serve to clarify and make consistent appointment procedures so that fair hiring practices and employment equity principles can be more adequately implemented.

(1) Advertisements:

Each advertised full-time appointment should have its own unique description with the components outlined in the details below. Advertisements appearing in different media must be consistent.

The following components should be in all advertisements for each position:

• The area of specialization.
• The Department, or the Department and Area (for Departments with Areas), or the Program (for programs that are not Departments), or Faculty (in Faculties without Departments) of the appointment.
• The rank of the position: When the advertised appointment could be made at more than one rank, there should be separate short lists for each rank.
• The type of position: Tenure-track, limited-term, etc.
• The duties and responsibilities of the position: These duties and responsibilities should be explicitly identified in the advertisement and must coincide with the evaluative criteria to be used in the search.
• The qualifications required for appointment.
• The application package: The materials required to evaluate the candidates against the duties and responsibilities of the position must be stated to allow the systematic evaluation of candidates. Typically this will include a curriculum vitae, a teaching dossier (or equivalent record of teaching philosophy and practice), samples of published work, and names of referees.
• The submission of information: Candidates should be informed to whom the application package should be addressed
• The contact person: Candidates should be given the name of a contact person if questions need to be answered.
• Deadline date: Potential applicants should be entitled to rely on the deadline date and should not be subject to any disadvantage for having submitted the application on, or just before, the deadline date. As well, applicants should not be subject to any advantage (over others who also met the deadline date) for having submitted the application well in advance of the deadline date. Applications received after the deadline date may only be considered if they are received prior to the first meeting of the Appointments Committee to review the applications, and if the Appointments Committee approves of the late acceptance of the application.
• Employment Equity Statement: The employment equity statement set out in Article 22.2.2(a) of the Collective Agreement must be in the advertisement: "·ï»Ë²ÊƱƽ̨ is committed to equity and values diversity. We welcome applications from qualified women and men, including persons of all genders and sexual orientations, persons with disabilities, Aboriginal persons, and persons of a visible minority."
• Immigration Regulations: The statement from Human Resources Skills Development Canada regarding immigration must be included in the advertisement: "All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority. In accordance with the requirements of Employment and Social Development Canada (ESDC) and the Department of Immigration, Refugees, and Citizenship Canada, the successful applicant will be required to prove they are legally able to work in Canada." The current regulations allow simultaneous advertising, interviews, and consideration of Canadians and non-Canadians with priority given to Canadians.
• Self-Identification Process: The advertisement should provide candidates with a means to self-identity so that the information may be used in the development of the short list. Women do not need to self-identify; however, members of the other designated groups must self- identify to be considered for employment equity. It would be unwise to ask candidates to self-identity in their application letters without adequate monitoring of the appointments process. Candidates may self-identify, in confidence, to the Dean or appropriate Associate Dean in the Faculty of the appointment. This individual would then track the progress of these candidates through the development of the short list.

(2) Conference Recruitment:

Conference Recruitment should only be used to broaden the pool of candidates, not to narrow it. An applicant must not be eliminated from consideration because of discussions at a conference. Deviations from the practice (for example, a hiring late in the academic year) can only take place with prior consent of the Dean.

(3) Review of Applications and Development of a Short List:

The review of applications and development of the short list is the next critical step in the appointments process. In particular, the short-list stage is critical for the implementation of employment equity. Fair and equitable assessments of the candidates make it possible for the applications from members of the designated groups to be systematically evaluated. Equity intervention is most effective at this stage of the appointments process.

• Prior to the development of the short list, preferably at the time of the construction of the advertisement, the Appointment Committee should develop an evaluation grid or assessment form based upon the qualifications (and supporting material) identified in the advertisement (see Article 13.13.8 and 14.9.9). Committees cannot introduce new qualifications after the posting of the advertisement.
• The person with administrative responsibility for procedural correctness and equity should ensure that all applications are complete and request additional information or materials required by the Appointment Committee.
• The development of the short list must be in compliance with Article 13.6.11 or 14.9.8 of the Full-time Faculty and Professional Librarians Collective Agreement and Article 13.7.3.6 of the Part-time Contract Academic Staff and Part-time Librarians Collective Agreement (2016-2019).
• After the deadline date, the Appointment Committee must meet to evaluate the applicants and create the short list. Prior to the meeting, each member should complete a copy of the evaluation grid or assessment form for all the candidates to facilitate the meeting. At the meeting, each applicant should be evaluated against the qualifications identified in the advertisement; not relative to the other candidates.

(4) Approval of the Short List by the Dean / University Librarian:

As many short-listed candidates as possible should be approved for interview. The Appointment Committee should prepare a report which includes the information required under Article 22.2.3 (f) of the Agreement and the evaluation grid or assessment form used to assess and rank the candidates. The committee must consider carefully if there are other candidates - a woman or other designated group member - who should be included on the short list. This report and the curriculum vitae of the top-ranked candidates should be given to the Dean or University Librarian at the time of the approval of the short list for interview.

(5) Interview:

The interview must be standardized for all candidates being considered for a particular type of position - tenure-track or limited-term.

• Candidates for a faculty appointment should be provided with an interview schedule and the details for an academic presentation and/or a teaching presentation.
• Appointment Committee members must make every effort to attend the full interview segments (the interview, research presentation, teaching presentation) for all candidates. There should be a consistent majority of members attending all interview segments for all candidates.
• Subject to 13.6.11 or 14.6.8 or 14.6.8, as appropriate, internal applicants should be advised to apply for the position as if they were external to the University. Appointment Committee members should systematically review the application material of internal candidates as if they were external candidates, but will also review the Official File as part of the application documentation as required under Article 13.12.3 or 14.9.6 of the Agreement. Under 13.6.11 or 14.6.8 or 14.9.8, as appropriate, Members who meet these qualifications shall be placed on the short-list and interviewed for the position. Non-qualified candidates must not be interviewed on a courtesy basis.
• All candidates must be given the same instructions and similar settings for their presentation(s).
• A set of standard questions should be prepared in advance to serve as a guide during each candidate's interview with the committee. The questions should conform to the Ontario Human Rights Commission's interview guidelines for permissible questions.

(6) Post-Interview Evaluation:

Candidates must be evaluated by the Appointment Committee on their performance during the interview. There should be a separate evaluation grid or other instrument for the post- interview evaluation based on the components of the interview. The post-interview evaluation should use criteria relevant to the segments of the interview. For example, the interview grid would include an evaluation of the candidate's presentation(s), interview with the committee,' interaction with students, etc. Departmental members should be canvassed for feedback using similar criteria.

Guidelines adapted from the Memorandum of Understanding between ·ï»Ë²ÊƱƽ̨ and ·ï»Ë²ÊƱƽ̨ Faculty Association, August 28, 2007.

Re: Article 18.2.4 of the Collective Agreement between the University and WLUFA for Full-time Faculty and Professional Librarians Field Supervision in the Faculty of Education

Whereas Article 18: Duties, Responsibilities and Workload of Faculty Members does not address the assigned duties specific to the workload of Members in the Faculty of Education,

The Parties agree that the assigned supervisory duties for Members engaged in the Field Supervision of Teacher Education Candidates shall be in accordance with the following:

(a) All such assigned duties shall be performed in the Fall and Winter terms. Any Field Supervision in the Spring Term shall be assigned by the Dean and shall be subject to the written consent of the Member. Such spring term supervision shall be compensated at the rate of $250 per student;

(b) Field supervision of a total of 12-15 students among more than 3 different schools shall be the equivalent of a one-term course;

(c) Supervision of additional students above the 12-15 number in (b) shall be compensated as an undergraduate overload stipend on a pro rata basis and such supervision shall be subject to the written consent of the Member;

(d) Under (c) above, Field Supervisions that are not part of a full-time Member's assigned workload, but overload under 18.2.7, that is to be equivalent to a one-term course may involve 9-12 students distributed among 4 schools, or alternatively, supervision of 12-15 students among no more than 3 different schools.

The Parties agree that, unless amended in writing, this letter of understanding applies to Members' workload for the duration of this Collective Agreement.

The University acknowledges that the first priority, should the Plan return to a fully-funded position, would be to bring the member contributions and the University contributions to the money purchase accounts back to 1:1, either through an increase to the University contributions to the money purchase accounts or a reduction to the member contributions or a combination thereof, in consultation with the Plan members. Further, in any Plan year, if the combination of the University contributions to the money purchase accounts and the University contributions in respect of the minimum guarantee pension for active members, which shall include both current service cost and special payments, is less than the member contributions to the money purchase accounts then the University's combined contributions in that plan year shall be made equal to the member contributions, either by increasing the University contributions to the money purchase accounts or decreasing the member contributions, or a combination thereof, in consultation with Plan members.

In the event that the Plan returns to a fully funded position, the University shall not withdraw any funds from the Plan without consultation with the members of the Plan.

In the event surplus in the Plan exceeds the level at which contribution holidays are permitted under the Pension Benefits Act and its regulations, the University will meet with the Association to discuss a surplus management plan.

Letter of Understanding between ·ï»Ë²ÊƱƽ̨ and the ·ï»Ë²ÊƱƽ̨ Faculty Association

Re: The Collective Agreement between the University and WLUFA for Full-Time Faculty and Professional Librarians and Members appointed to the Balsillie School at ·ï»Ë²ÊƱƽ̨

Whereas the Parties agree that the interests of program and curriculum development, recruitment and retention of faculty, and protection of the academic freedom of Members are best served by inclusion of the School of International Policy and Governance into the governance structure of the University; and

Whereas Senate voted on March 4, 2010 to include the Balsillie School at ·ï»Ë²ÊƱƽ̨ (renamed the School of International Policy and Governance by Senate on March 3, 2011) as an academic sub-unit of the University as defined under Article 2; and

Whereas under Article 3.1 of the WLUFA Collective Agreement, full-time faculty and professional librarians appointed to the School of International Policy and Governance are Members of the Bargaining Unit:

The Parties agree that Members holding academic positions under this letter of understanding at the School of International Policy and Governance shall hold Cross- Appointments with the School of International Policy and Governance and another academic unit or sub-unit at the University under Article 13.8;

For the sake of clarification under Article 13.8.3.1, the Parties agree that, before a Member or candidate begins a Cross-Appointment, they shall meet with the applicable Dean and the Associate Dean of the School of International Policy and Governance and there shall be
agreement on how the Member's work is to be shared between the academic unit or sub- unit and the School of International Policy and Governance and which academic unit or sub- unit is to have primary responsibility for the Member in administrative and academic matters;

The Parties agree further that the Member holding a Cross-Appointment at the School of International Policy and Governance shall retain residual rights, not with the School of International Policy and Governance, but with the other academic unit or sub-unit and shall return to this unit or sub-unit on a full-time basis should academic needs change. In cases where the Member teaches only in the School of International Policy and Governance, the School of International Policy and Governance shall be responsible for assigning teaching load and issuing a workload letter, copied to the Faculty and Department or Program retaining residual rights.

The Parties agree that for the purposes of tenure or promotion the following shall apply:

(a) In their application, the Member shall identify the academic unit or sub-unit for the assessment of the application.

(b) In order that the Member's application for tenure or promotion be assessed by their peers, the Appointment and Promotion Committee shall be augmented from the minimum 5 members required by Articles 13.12 and 13.8.2.3 with an additional 2 members from the Member's discipline or a cognate discipline.

(c) The Member shall be informed of the membership of the Appointment and Promotion Committee when it is constituted for the review of the Member's application. If the Member is of the opinion that the committee is not representative of their discipline or a cognate discipline, the Member shall inform the chair of the committee;

In all other respects, the Parties agree that Cross-Appointments at the School of International Policy and Governance shall be subject to the terms and conditions of Article 13.7. Under 13.7.2.3 and 13.10, all members of the Appointment and Promotion Committee shall be Members of the WLUFA Full-time Bargaining Unit; The Parties agree that the principal academic administrator of the School of International Policy and Governance shall be an Associate Dean. For purposes of the Collective Agreement the Associate Dean shall be considered a Chair; and shall report immediately to the Vice-President: Academic;

The Parties agree that, except as specifically set out in this Letter of Understanding, Members of the School of International Policy and Governance shall be governed by the terms and conditions of the Full-time Collective Agreement.

Signed by the following individuals:

• Max Blouw, President, WLU
• Judy Bates, President, WLUFA

The Parties agree to the formation of a Multi-lateral Pension Committee, comprised of members from each of the applicable employee groups and University Administration. The committee mandate will be to solicit expertise and information from our external pension consultants to gain a better understanding of the costs and future liabilities associated with the University's current pension plan design and to enter into discussions on the creation of a multi-employer Jointly Sponsored Pension Plan option for the University sector. It is understood that this committee will be established for the purpose of gaining and sharing information and will not have unilateral authority to make changes to the University's pension plan.

Re: Centralized Scheduling Process

Whereas the University has initiated the use of a computerized centralized scheduling process to build the University's course schedule, and;

Whereas the Parties wish to ensure that the process results in a fair and equitable schedule for Members, and;

Whereas the schedule must also meet the classroom scheduling needs of the University;

The Parties agree that under that Article 18.2.2.1, and any other relevant provisions of Article 18, final approval of Members' workloads (including teaching loads) and teaching schedules rests with the Dean or designate; and

The Parties agree that the course build process shall include parameters submitted by the Chairs (or equivalent). These shall include, but not be limited to, whether the course is required or an elective; day or evening course; accessibility needs; campus; pervasive wireless; length and type of class; type of classroom; course capacity; scheduling exclusions/core courses; and scheduling in conjunction with other institutions; and

The Parties agree that the course build process shall include parameters submitted by Chairs that attempt to avoid course scheduling conflicts (i.e., time and day) for courses most likely to be taught by CAS Members who have seniority status in more than one course, subject to Article 13.6.2.1 of the Part- Time Contract Academic Staff and Part-time Librarians 2013-2016; and

The Parties agree that the course build process shall include parameters submitted by Chairs that specify courses that are to be taught outside of 8:30 a.m. to 4:30 p.m., Monday through Friday, to allow for consideration of CAS Members are employed during the day; and

The Parties agree that the names of full-time faculty Members and CAS Members with Standing Appointments under the Memorandum of Agreement appended to the Part-time Contract Academic Staff and Part-time Librarians 2013-2016, shall be associated with courses in Banner prior to the course schedule being built.

The Parties agree that the Registrar's Office shall provide copies of the draft course schedule to all department Chairs prior to March 24th; and

The Parties agree that there shall be an opportunity for consultation concerning the draft course schedule between the Chair and each member of the academic unit or sub-unit before the draft course schedule is submitted to the Dean or designate for approval; and

The Parties agree that when the schedules are submitted to the Dean (which is no later than 2 weeks after receipt of the draft schedule), the Chairs may recommend any modifications and the rationale for the recommended modifications to the draft course schedule based on their consultations with Members for consideration by the Dean or designate. The Dean shall not unreasonably deny modifications recommended by the Chairs; and

The Parties agree that WLUFA will withdraw Association Grievance #002-2014, and Individual Grievances #012-2014 and #013-2014.

Protocol for online course authorship

Whereas the Joint Full-time Faculty Protocol for Online Course Authorship was developed by the Joint Committee to address Online course development and Intellectual Property by full-time faculty,

The Parties agree that the Protocols shall not be modified without the agreement of the University and the Association, and any changes to this document will be agreed to by the Joint Liaison Committee

Re: ·ï»Ë²ÊƱƽ̨, a body corporate continued under the ·ï»Ë²ÊƱƽ̨ Act, 1973 of the Province of Ontario, with an address at 75 University Avenue West Waterloo, Ontario N2L 3C5 (the "University" or "·ï»Ë²ÊƱƽ̨") and Wilfrid ·ï»Ë²ÊƱƽ̨ International College Limited., a company incorporated in British Columbia, extra-provincially registered in Ontario and to do business as Wilfrid ·ï»Ë²ÊƱƽ̨ International College (the "College" or "WLIC") 

Whereas: The University and the College have agreed to enter into a co-operative arrangement pursuant to which the College will develop and offer a range of educational services to Students and the University will provide the College with services and facilities to assist in the provision of those services, in consideration of which the College shall pay to the University the Fees; and  

Whereas: The Parties have agreed to enter into this Agreement whereby, in consideration of the University undertaking Equivalency Audits, the College agrees to offer a University Transfer Program (UTP) whereby Students from the College who have successfully completed the UTP shall enter into the second year of the corresponding undergraduate programs offered by the University with Transfer Credits for Courses completed in the UTP; and 

Whereas: The Parties have agreed that all UTP instruction within the College will fall within the scope of the Wilfrid ·ï»Ë²ÊƱƽ̨ Faculty Association representing the ·ï»Ë²ÊƱƽ̨ Contract Teaching Faculty and Part-time Librarians 

The Parties agree that, unless otherwise stated in sections 1 – 18 of this Letter of Understanding, all provisions of the Collective Agreement between ·ï»Ë²ÊƱƽ̨ and the ·ï»Ë²ÊƱƽ̨ Faculty Association for Contract Teaching Faculty and Parttime Librarians (“Collective Agreement”), will be applicable to Instructors of Academic Courses in WLIC. 

LOU Wilfrid ·ï»Ë²ÊƱƽ̨ International College

Re: Indigenous Recruitment and Retention Initiative

Whereas the University is committed to responding to the call of the Truth and Reconciliation report and the goals related to Indigenization outlined in the ·ï»Ë²ÊƱƽ̨ Strategy: 2019-2024 and Strategic Academic Plan (2019-2024), and in alignment with recently initiated ·ï»Ë²ÊƱƽ̨ Indigenization Strategic Plan pertaining to faculty, i.e., to increase the appointment, promotion and tenure of Indigenous faculty members; and

Whereas the Parties recognize that there are additional demands placed on time and workload of Indigenous faculty members through involvement in a number of activities that support Indigenization at ·ï»Ë²ÊƱƽ̨;

The Parties agree that the following shall apply:

(a) a Working Group shall be established as follows:

i. to support the development of the Indigenization Strategic Plan as it aligns with the role of faculty;

ii. to identify revisions to the Full-time Faculty and Professional Librarians Collective Agreement that would be required for the implementation of the ·ï»Ë²ÊƱƽ̨’s Indigenization goals and any other relevant goals pertaining to the Teaching, Research, and Service activity of Indigenous faculty identified by the Working Group;

iii. the Working Group shall be composed of at least three Indigenous faculty members, or designates as chosen by the Indigenous Faculty Advisory Council, and three representatives appointed by the Employer. Additional members may be added to the Joint Working Group by mutual consent of the Parties; and

iv. the Working Group shall be co-chaired by one Indigenous faculty member and one representative appointed by the Employer.

(b) As contemplated in the faculty renewal initiative, the University commits to establishing a fund for the hiring of Indigenous faculty. This will fund up to six Indigenous faculty members, over the life of this agreement, which will be available to academic sub-units upon application.