UCC-AAUP Contract  |  Effective Dates:  Sep. 1, 2003 - Aug. 31, 2006
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1. A non-unit member may not teach a course in a department where a faculty member in that department is qualified to teach that course and is willing to teach that course. The assignment of courses for credit, developmental courses and/or laboratories to persons other than full time members of the instructional staff shall be considered tentative, pending the cancellation of courses, or the final assignment or reassignment of courses to full time members., and is committed to fewer than three (3) credit or equivalent contact hours of overload.
    

2. A member of the instructional staff who teaches twelve (12) credit or equivalent credit hours a semester for two (2) consecutive semesters shall be considered a faculty member as of the beginning of that second semester, as defined in Article I, Sections I and K of this Agreement and shall be subject to all terms and provisions of this Agreement. The Chairperson of each department shall obtain the written approval of the Academic Vice President or his or her designee before scheduling a part-time member of the instructional staff who has taught twelve (12) or more credits or equivalent credit hours in the immediately preceding semester. The College shall provide the Chairperson of each department a list of all part-time faculty members who have taught twelve (12) or more credits or equivalent credit hours in the immediately preceding semester in more than one department.

3. The Chairperson of each department shall inform the Academic Vice President of his or her designee of the names of those faculty members who have committed themselves to teach overload at the time faculty teaching schedules are submitted for approval. The Board shall rely on this information for the purpose of administering Part A, Section 2 of this Article.

B.  WORK OF THE PROFESSIONAL LIBRARY STAFF

1. The professional library work shall be considered work of regular full-time members of the professional library staff.

C.

1. Consistent with the terms of this agreement, where it is necessary for the fulfillment of instructional requirements, the full-time faculty and full-time members of the Professional Library staff may be supplemented by competent part-time teachers or Library staff members serving under the supervision of full-time faculty and Professional staff. In appropriate circumstances temporary full-time faculty members may also be assigned by the College in accordance with the provisions of Article XI (Faculty Appointments).

ARTICLE X

X.  APPOINTMENT OF PART-TIME MEMBERS OF THE INSTRUCTIONAL STAFF AND PROFESSIONAL LIBRARY STAFF

A.

1. Part-time members of the instructional staff who teach courses for college credit, developmental courses, and/or laboratories which are offered through a department of the College shall be assigned to that department. These part-time members of the instructional staff may be appointed for a term of one (1) semester if recommended as academically qualified by the department chairperson of the department in which they are to serve. These part-time members of the instructional staff may be reappointed on a semester-to-semester basis if recommended as academically qualified by the department chairperson and where the department has assembled evidence of demonstrated teaching competence. The evaluation of part time members will be conducted each semester by the department chairperson or their designee. the length of a part time members contract will be based on the recommendation of the department chair or their designee.

2. Part-time members of the instructional staff who teach courses for college credit, developmental courses, and/or laboratories which are not offered through a department of the College shall be assigned to the Office of the Academic Vice President. There, part-time members of the instructional staff may be appointed for a term of one (1) semester and may be reappointed if academically qualified and has demonstrated teaching competence.

3. Within fifteen (15) working days after receipt from the Department Chairperson, the College will provide to the Chapter the names of all part-time faculty employed for that semester and the number of credit or equivalent contact hours they are assigned to teach in that semester.

B. 

Part-time members of the professional library staff shall be assigned to the library. Part-time members of the professional library staff may be appointed and reappointed, if recommended as academically qualified and where evidendce has been assembled of demonstrated competence.as needed.

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ARTICLE XI

XI.  FACULTY APPOINTMENTS

A.  PROCEDURE FOR APPOINTMENT TO EXISTING DEPARMENTS

1. Whenever the appointment of a faculty member has been authorized by the President, the Academic Vice President or his or her designee shall inform the department chairperson in the department which the faculty member is to serve or, in the case of the Library, the Director of Libraries.

2. The Academic Vice President or his or her designee in consultation with the department chairperson concerned or, in the case of the Library, the Director of Libraries, shall determine the qualifications and background characteristics of applicants and the academic rank and appropriate salary range. Normally the salary shall be within the minimum and maximum range established for the rank; however, exception to the maximum salary may be made by the Academic Vice President based upon prevailing market conditions or other appropriate conditions that might influence the availability of potential employees.

3.  

1. The department or, in the case of the Library, the full-time members of the professional library staff shall elect a committee of not more than three (3) of its members, at least one of whom shall be tenured, if possible, which with the Department Chairperson or, in the case of the Library, the Director of Libraries, shall conduct the search for and the evaluation of applicants. The Department Chairperson or, in the case of the Library, the Director of Libraries shall serve as the chairperson of the Committee and shall have the right to vote and to participate fully in all deliberations of the Committee. Each search committee shall include the Affirmative Action Officer or his/her designee. The appropriate Academic Officer shall have the right to consult with the search committee during the search for and evaluation of candidates.

2. The position shall be open to any qualified person.

3. The search shall be widely publicized.

4. Copies of all applications for the position and other pertinent data shall be reviewed by the Committee.

5. The Committee shall keep appropriate and necessary records of its proceedings. These records shall be kept in the Chairperson’s office or, in the case of the Library, the Director of Libraries’ office during the search and evaluation process and thereafter shall be forwarded to the appropriate Academic Officer for permanent filing.

6. All Affirmative Action forms will be completed by the Department Chairperson and forwarded to the Affirmative Action Officer at the conclusion of the search.

7. In the recruitment for any vacant position major attempts will be made to recruit qualified women and/or minorities. The College in all its components will be mindful of the goals set in the Affirmative Action plans that it has adopted.

4.  

   1. The Committee shall recommend three (3) persons as academically qualified to the Academic Vice President or his or her designee unless the Committee determines that fewer than three (3) applicants are academically qualified in which case the number qualified shall be recommended.

   2. Normally the President shall appoint as a member of the faculty only a person who has been recommended as academically qualified by the Committee. However, for good reason, which the President should communicate to the appropriate Department Chairperson, the President may appoint as a faculty member a person not recommended by the Committee but who is academically qualified.

B.  PROCEDURES FOR APPOINTMENT TO NEW DEPARTMENTS

1. Faculty members appointed by the President to a new department in the first year of operation of the department normally shall be recommended as academically qualified by the Peer Evaluation Committee.

C.  CONDITIONS AND TERMS OF FACULTY APPOINTMENTS

1. All appointments shall be effective September 1 or the beginning of the second semester.

2. All appointments shall be tenure-tack appointments except as provided for in Part C, Section 3.b. and 3.c. of this Article. Union County College considers tenure-track appointments to be the standard for faculty hiring.

3.  

   1. All tenure-track appointments shall be for one (1)       academic year if they are effective September 1 or for    the remainder of the academic year in which they are made and the following academic year if they are effective after September 1. Faculty members appointed during the academic year (after September 1) shall be credited with a full-year service for that academic year and evaluated as second-year faculty in September of the following academic year.

   2. Replacement faculty members appointed to replace a specific faculty member on an authorized leave of absence may be appointed for the period the specified faculty member is on leave, not to exceed a period of one academic year.

   3. Faculty appointments on a non-tenure contract other than those described in Article XI. C.3.b. may be made only on academic or administrative considerations and only after the Vice President for Academic Affairs consults with the appropriate academic department chairperson and the President of the American Association of University Professors, Union County College Chapter and declares in writing the academic department involved meets one or more of the following criteria:

      • There is convincing evidence to believe the funding of the students or the academic department or the College as a whole may decline significantly,

      • There is convincing evidence that the enrollment in the academic department or the College as a whole may decline significantly,

      • The proportion of tenured faculty in the academic department would, by the addition of a tenure-track position, bring the proportion of individuals in the department above the level deemed necessary to maintain an appropriate balance between tenured and non-tenured faculty, given current practice; however, the number of non-tenure track faculty in the academic department will not exceed the following limits: Academic departments with:

        • Less than ten members - 2 positions

        • Eleven to twenty members - 4 positions

        • Twenty-one to thirty members - 5 positions

        • Greater than thirty-one members - 6 positions

        Subsequent to the appointment of a non-tenure-track faculty member to a department, the number of sections taught by adjunct faculty in that department shall not significantly exceed the percentage of sections taught by adjunct faculty in that department during the fall semester of 1996. Should this occur, an additional full-time tenure-track faculty member shall be hired in that department at the beginning of the next academic semester.

        Faculty appointed to non-tenure track contracts may be appointed for a maximum of three years. By the end of the third year of employment, the College must either offer a terminal one-year appointment to the faculty member or place the faculty member on a tenure-track. Faculty and librarians who receive a multi-year contract under these conditions shall be evaluated annually for reappointment as are all other non-tenured full-time faculty and librarians. If a tenure-track position becomes available in an academic department, replacement faculty and non-tenure track faculty in that academic department will be evaluated by the Department Evaluation Committee as specified in Article XI.A.3.a. as a candidate to fill said position prior to the conduct of an external search. Non-tenure track faculty and replacement faculty hired for tenure-track positions shall be given credit for prior years of service at the College.

        If a reduction in force or dismissal for cause eliminates a tenure-track faculty member, a non-tenure track faculty member cannot be used to fill said position for five academic years.

        If the issuance of a one-year terminal contract is for any reason other than failure to meet the criteria for reappointment as specified in Article XII. of the Collective Bargaining Agreement, the position shall be deemed unnecessary and cannot be filled with another non-tenure track position for five academic years.

   4. All full-time faculty appointments shall be made in accordance with NJAC 9A:7-3.1;3.2.

   5. Faculty and librarians who have worked full-time at the College for a cumulative period of five academic years (or ten semesters) and one day shall have tenure.

   6. Academic freedom (as defined in Article XVII of the Collective Bargaining Agreement) is guaranteed to all faculty and librarians.

4. Before accepting an appointment, a faculty member shall receive a written copy of the essential terms and conditions of his or her appointment including a statement of credit towards tenure for prior service, a copy of this Agreement and pertinent rules and regulations of the College. S/he shall receive a written copy of any subsequent modification of the terms and conditions of his or her appointment.

5. These changes to the existing Board-AAUP Contract 1994-1997 will go into effect and be incorporated into the Board-AAUP Contract beginning September 1997.

D.  CRITERIA FOR FACULTY APPOINTMENTS

1. Appointment in the academic rank of instructor or librarian I shall require the appointee to possess those qualifications and/or experiences which qualifies the applicant for the position to be filled.

2. Appointment in any academic rank other than instructor or librarian I shall require that the appointee meet the relevant criteria for promotion to that rank as specified in Article XIII (Professional Evaluation) of this Agreement.

3. Any faculty member appointed to the rank of instructor or librarian I without meeting all the required criteria for that rank, as specified in Article XIII (Professional Evaluation) of this Agreement, shall receive a written statement from the Vice President of Academic Affairs. The letter shall explain the exceptions and outline any remedial action, with a timeframe for completion of such action, required for completion of such action, required for future reappointment and/or promotional consideration.

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ARTICLE XII

XII.  FACULTY REAPPOINTMENTS AND PROMOTIONS

A.  PROCEDURES

1.

1. During the fall semester of an academic year, each department or the Departmental Evaluation Committee or in the case of the Library, the Director of Libraries in consultation with tenured full-time members of the professional library staff shall evaluate all non-tenured faculty members in the department (Library) whose term of appointment or reappointment expires that academic (calendar) year for the purpose of recommending reappointment or non-reappointment. Non-tenured faculty members (Library) in their second or fifth year of teaching at the College shall be evaluated between September 15 and September 30. Non-tenured faculty members (Library) in their third or fourth year of teaching at the College shall be evaluated between November 1 and November 30. Non-tenured faculty members (Library) in their first year of teaching at the College shall be evaluated between December 15 and December 24. Faculty members appointed in mid semester shall first be evaluated during their first full academic year of teaching at the College. Faculty members who are given a year or more credit toward tenure when they are hired shall be evaluated in their first year of teaching as if they were first year faculty members.

2. Between September 1 and September 20, faculty members desiring consideration for promotion, providing they meet the length of service requirements in Article XIII, shall submit a letter to the Academic Vice President requesting consideration for promotion. All, and only, faculty members who submit such letters shall be considered for promotion.

3. Between October 1 and the end of the first semester of each academic year, each department or the departmental evaluation committee or in the case of the Library, the Director of Libraries in consultation with tenured full-time members of the professional library staff, shall evaluate all faculty members in the department (Library) who are eligible for promotion within the meaning of Article XIII (Professional Evaluation) of this Agreement, and who have requested consideration for promotion, in order of academic rank, beginning with instructors (librarians-I), for the purpose of recommending promotion or no promotion. No later than October 1 of each academic year, the Academic Vice President shall inform each Department Chairperson, and in the case of the Library, the Director of Libraries, and the Chairperson of the Peer Evaluation committee in writing of the names of those faculty members whose length of service in rank makes them eligible for promotion and who have requested consideration for promotion. It shall be the responsibility of every member to make certain that the Academic Vice President has correct information for purposes of the preceding sentence.

4. Except as otherwise provided in this Article or elsewhere in this Agreement, uniform rules and regulations for the conduct of department evaluations shall be established jointly by the Academic Vice President and the Faculty Executive Committee. The evaluation shall be based solely on the written material of evaluation identified in Article XIII (Professional Evaluation), Part B, of this Agreement. Voting shall be by written anonymous ballot and each member of the Department Evaluation Committee shall explain on the ballot the reasons for his or her vote solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B of this Agreement. The decision of the Departmental Evaluation Committee shall be by majority vote. Only members of the Departmental Evaluation Committee may participate in this evaluation of a faculty member.

2.

1. No later than ten (10) days prior to the date of the departmental evaluation (Director of Libraries evaluation) a faculty member to be evaluated shall be informed of that date in writing by the departmental chairperson or, in the case of the Library, the Director of Libraries.

2. Within five (5) days after the date of the departmental evaluations (Director of Libraries evaluation) the faculty member shall be informed in writing by the Department Chairperson or, in the case of the Library, the Director of Libraries, of the recommendation of the department (Library). The Department Chairperson (the Director of Libraries) shall inform the faculty member in writing of the reasons, whether positive or negative, for recommendation solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement. Within ten (10) days of the date that the faculty member receives the written statement of reasons, s/he may submit a rebuttal to the Chairperson of the Peer Evaluation Committee. This rebuttal shall be a written statement of reasons solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement.

3. 

At the request of the Chairperson of the Peer Evaluation Committee but no later than fifteen (15) days after the date of the evaluation, the Department Chairperson (Director of Libraries) shall send the evaluation material referred to in Article XIII (Professional Evaluation), Part C, of this Agreement to the Peer Evaluation Committee.

4.

1. The Peer Evaluation Committee shall review all recommendations concerning reappointment with respect to faculty members in their third or fourth year of teaching at the College between November 15 and December 31 of each academic year, with respect to faculty members in their second or fifth year of teaching at the College between October 1 and October 15 of each academic year and with respect to faculty members in their first year of teaching at the College between January 6 and 20 of each academic year.

2. The Peer Evaluation Committee shall review the recommendations of each department (Director of Libraries) concerning promotions in order of academic rank, beginning with instructors (librarians-I), by March 15 of each academic year.

3. Except as otherwise provided in this Article and elsewhere in this Agreement, the committee shall establish its own rules and regulations for the conduct of its review. Where the Committee decides to hear oral testimony in a particular case, the faculty member concerned must be given notice and an opportunity to be present during all testimony and to rebut the testimony. Voting shall be by anonymous written ballot and each member of the Committee shall explain the reasons on the ballot for his or her vote solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement. The decision of the Committee shall be by majority vote. Only members of the Committee may participate in the deliberations of the Committee.

5. 

1. No later than ten (10) days prior to the earliest possible date of the Peer Evaluation Committee’s evaluation, a faculty member to be evaluated shall be informed of that date in writing by the Chairperson of the Peer Evaluation Committee.

2. Within five (5) days of the date of the Peer Evaluation Committee’s evaluation of the faculty member concerning reappointment or promotion, the faculty member shall be informed in writing by the Chairperson of the Committee of the recommendation of the Committee. The Chairperson of the Committee shall inform the faculty member in writing of the reasons, whether positive or negative, for the Committee’s recommendations solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement.

6. 

1. Within seven (7) days of receipt of the Peer Evaluation Committee’s recommendation and statement of reasons, a faculty member not recommended by the Committee may appeal the decision of the Committee to the Faculty Appeals Committee. The faculty member must submit a statement and/or other evidence in support of the appeal to the Faculty Appeals Committee. A copy of all documents submitted to the Faculty Appeals Committee shall be sent to the Chairperson of the Peer Evaluation Committee. The only grounds for appeal shall be:

   1. the allegation that one or more of the requirements of Part A, Sections 1-5 of this Article have been violated; and/or

   2. the allegation that the recommendation of the department, if negative, and/or the recommendation of the Peer Evaluation Committee, if negative, was not based exclusively upon the relevant criteria stated in Article XIII (Professional Evaluation) of this Agreement.

2. Within seven (7) days of receipt of an appeal by a faculty member in his first, second, or fifth year of teaching who is not recommended for reappointment or by a faculty member not recommended for promotion, the Faculty Appeals Committee shall inform the faculty member and the Chairperson of the Peer Evaluation Committee in writing as to whether or not it will hear the appeal. Within thirty (30) days of receipt of the appeal of a faculty member who is in his or her third or fourth year of teaching who is not recommended for reappointment, the Faculty Appeals Committee shall inform the faculty member and the Chairperson of the Peer Evaluation Committee in writing as to whether or not it will hear the appeal. In making this decision, the Faculty Appeals Committee shall first determine if there are grounds for appeal within the meaning of Part A, Section 6.a. of this Article. If the Committee determines that grounds for an appeal within the meaning of Part A, Section 6.a.(1) of this Article exist, the Committee shall then decide whether or not the violations so prejudiced the faculty member’s case as to warrant review by the Committee. If the Committee determines that grounds for appeal within the meaning of Part A, Section 6.a.(2), of this Article exist, the committee shall review the case.

3. Immediately upon receipt of a decision by the Faculty Appeals Committee to review a case, the Chairperson of the Peer Evaluation Committee shall send the evaluation material referred to in Article XIII (Professional Evaluation), Part B, of this Agreement to the Faculty Appeals Committee unless this has already been done.

4. Within ten (10) days of its decision to review a case, the Faculty Appeals Committee shall conduct the review and render its decision. The Committee shall inform the faculty member and the Chairperson of the Peer Evaluation Committee of its decision in writing and shall provide the faculty member and the Chairperson of the Peer Evaluation Committee with a statement or reasons in support of its decision. If the decision and/or statement of reasons in support of the decision of the Faculty Appeals Committee shall supersede the decision and/or statement of reasons in support of the decision of the Peer Evaluation Committee.

5. Except as otherwise provided in this Article and in Article XIII (Professional Evaluation) of this Agreement, the Faculty Appeals Committee shall establish its own rules and regulations for the conduct of its business. Where the Committee decides to hear oral testimony in a particular case, the faculty member must be given notice and an opportunity to be present during all testimony and to rebut the testimony. Voting shall be by anonymous written ballot and each member of the Committee shall explain on the ballot the reasons for his or her vote solely in terms of the criteria stated in Article XIII (Professional Evaluation) of this Agreement. Decisions of the Committee shall be by majority vote. Only members of the Committee may participate in the deliberations of the Committee.

6. Allegations of violations of Part A, Section 6, of this Article shall be submitted to the Faculty Executive Committee, who shall order a rehearing before the Faculty Appeals Committee if it determines the Faculty Appeals Committee has violated the provisions of Part A, Section 6 of this Article and determines that these violations so prejudiced the faculty member’s case as to warrant a rehearing.

7.

Allegations of violations of Part A, Sections 1-6 of this Article shall not be subject to the grievance and arbitration provisions of Article XXXIV of this Agreement. Except as provided in Part A, Section 6 of this Article, the faculty member shall have no right or remedy against the Board, its agents, servants or employees, or the Chapter for these alleged violations. The Chapter shall have no right or remedy against the Board, its agents, servants or employees for these alleged violations.

8. 

1. On the dates specified in 8.b. of this Article, the Peer Evaluation Committee shall send its decision, if not appealed or if not overturned by the Faculty Appeals Committee, the statement of reasons in support of its decision given to the faculty member and all evaluation material considered by the Committee in cases concerning the reappointment of a faculty member to the President and to the Academic Vice President. If the appeal is heard by the Faculty Appeals Committee and the decision of the Peer Evaluation Committee is reversed, the Peer Evaluation Committee shall instead send decision of the Faculty Appeals Committee, the statement of reasons in support of its decision given to the faculty member and all evaluation material considered by the Faculty Appeals Committee to the President and to the Academic Vice President.

2. The Peer Evaluation Committee shall send its decision concerning the reappointment of a faculty member in his or her second or fifth year of teaching or professional library work at the College to the President and the Academic Vice President on November 15 of each academic year; decision on faculty members in their first year of teaching or professional library work at the College shall be sent on February 20 of each academic year and decisions on faculty members in their third or fourth year of teaching or professional library work t the College on March 1 of each academic year.

3. On April 15 of each academic year, th Peer Evaluation Committee shall send its decision, if not appealed or if not overturned by the Faculty Appeals Committee, the statement of reasons in support of its decision given to the faculty member, and all evaluation material considered by the Committee in cases concerning the promotion of a faculty member to the President and to the Academic Vice President. If the appeal is heard by the Faculty Appeals Committee and the decision of the Peer Evaluation Committee is reversed, the Peer Evaluation Committee shall instead send the decision given to the faculty member and all evaluation material considered by the Faculty Appeals Committee to the President and to the Academic Vice President.

9.  

1. In the event the Board approves the final recommendation of the appropriate faculty committee in a case involving reappointment and/or promotion, the matter shall be closed and the faculty member shall have no further right or remedy against the Board, its agents, servants or employees, or the Chapter. The Chapter shall have no right or remedy against the Board, its agents, servants, or employees.

2. A copy of the Board’s decision and the reason for this decision, if the decision is contrary to the recommendation of the appropriate faculty committee, shall be sent to the Peer Evaluation Committee and to the faculty member concerned.

B.  NOTICE OF NONREAPPOINTMENT

The Board shall inform a faculty member in writing of a decision not to offer him or her a reappointment in accordance with the following dates:

1. A second or fifth year faculty member shall be notified by January 30.

2. A first year faculty member shall be notified by April 1.

3. A faculty member in his or her third or fourth year shall be notified by May 1 and shall be granted a terminal appointment by the Board for the succeeding academic (calendar) year.

4. If a faculty member is not given timely notice within the meaning of B.1.2. or 3. of this Article, s/he shall be offered a terminal reappointment by the Board for the succeeding academic (calendar) year. In no event shall tenure be obtained other than as prescribed by law.

C.  NOTICE OF PROMOTION

A faculty member shall be informed in writing by the President by June 30 of the decision of the Board in his or her case.

D.  EXECUTION OF BOARD RIGHTS

The notice requirements of Parts B and C of this Article shall be deemed waived in the event that the notice provisions of Part A, Section 8 of this Article are not met because of the failure of the appropriate faculty committee to send a timely decision to the President. In the event the appropriate faculty committee does not send its decision to the President within ninety (90) days of the dates specified in part A, Section 8 of this Article, the Board shall act unilaterally on the reappointment and/or promotion and the Board’s decision shall be final and binding and the faculty member shall have no right or remedy against the Board, its servants or employees, or the Chapter. The chapter shall have no right against the Board, its agents, servants, or employees.

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ARTICLE XIII

XIII.  PROFESSIONAL DEVELOPMENT

A. 

The Board retains its inherent right to establish criteria for reappointment, promotion, and professional evaluations. However, for the duration of this Agreement, the Board agrees to use the criteria set forth in this Agreement, to evaluate faculty being considered for reappointment, promotion, and other professional evaluations.

1. In order to be eligible for consideration for promotion to a higher rank a faculty member shall completed the following length of service in rank as of the effective date of the possible promotion:

   1. Promotion to Assistant Professor - 6 semesters as Instructor.

   2. Promotion to Associate Professor - 8 semesters as Assistant Professor.

   3. Promotion to either Professor level - 10 semesters as Associate Professor.

2. A faculty member in the rank of instructor who receives an earned doctorate shall be eligible for consideration for promotion before the completion of 6 semesters of service in that rank.

3. A faculty member who receives national recognition in his or her academic area or profession shall be eligible for consideration for promotion before the completion of length of service requirements which are stated in Part A, Section 1 of this Article.

4. A faculty member currently in the rank of Professor (Librarian) who earns a Doctorate will immediately be reclassified to the rank of Senior Professor (Senior Librarian) without receiving a promotional increase.

B.  Criteria for Reappointment and Promotion

1. The criterion for reappointment in the academic rank of librarian I is evidence of excellence in professional library work.

2. The criteria for reappointment in the academic rank of instructor are:

   1. satisfactory performance of faculty duties as stipulated in Article XXIX Part A, Section 1.a., e., in this Agreement; and

   2. evidence of excellence in teaching and related student contacts; and

   3. the attainment of a Master’s degree in his/her academic are or profession.

3. The criteria for promotion to and reappointment in the academic rank of assistant professor or assistant librarian are:

   1. meeting the relevant criteria for promotion to and reappointment in the academic rank of instructor (librarian-I); and

   2. demonstrated excellence in teaching and related student contacts or, in the case of a full-time member of the professional library staff, demonstrated excellence in professional library work and related student contacts; and

   3. evidence of contribution to the College or professional development or a combination of both.

4. The criteria for promotion to and reappointment in the rank of associate professor or associate librarian are:

   1. meeting the relevant criteria for promotion to and reappointment in the academic rank of assistant professor or assistant librarian; and

   2. demonstrated service to the College through participation on College committees or to the community or evidence of professional development through academic and scholarly activities related to the faculty member’s academic or professional area or any combination of the above.

5. There shall be two ranks of Professor (Librarian). These ranks shall be known as Professor (Librarian) and Senior Professor (Senior Librarian).

   1. The criteria for promotion to and reappointment in the rank of professor or librarian are:

      1. meeting the relevant criteria for promotion to and reappointment in the academic rank of associate professor or associate librarian and

      2. significant service to the College through the discharge of major responsibilities; and

      3. demonstrated professional maturity through the attainment of a second Master’s degree. (For those faculty members teaching visual arts, the M.F.A. in visual arts degrees shall be considered the equivalent of two Master’s degrees.)

      4. Tenured Associate Professors (Associate Librarians) who have been employed by the College for at least twenty-five (25) years and are within three (3) years of retirement may be recommended for promotion to the rank of Professor without meeting the criteria specified in Part B. Section 5.a.(3) of this Article. Tenured Assistant Professors (Assistant Librarians) who have been employed by the College for at least twenty-five (25) years and are within three (3) years of retirement may be recommended for promotion to the rank of Associate Professor without meeting the criteria specified in Part B. Section 5.a.(3) of this Article.

   2. The criteria for promotion to and reappointment in the rank of Senior Professor or Senior Librarian are:

      1. meeting the relevant criteria for promotion to and reappointment in the academic rank of associate professor or associate librarian and

      2. significant service to the College through the discharge of major responsibilities; and

      3. demonstrated professional maturity through the attainment of an earned Doctorate.

6.  

   1. In determining whether or not to recommend a faculty member for reappointment and/or promotion, the department in which the faculty member serves, the Peer Evaluation Committee and the Faculty Appeals Committee shall consider only the criteria stated in Part B of this Article.

   2. In making the decision as to whether to reappoint a faculty member, except as otherwise provided in Article XXX (Reduction in Force) of this Agreement, and in making the decision as to whether to promote a faculty member, the President and Board shall normally consider only the criteria stated in Part B of this Article.

C.  Material of Evaluation

1. Evaluation material, all of which shall be placed in the faculty member’s record file, shall consist only of the following, except as otherwise provided in Part C, Section 2.b. of this Article:

   1. Evidence relating to teaching effectiveness and related student contacts, or, in the case of full-time members of the professional library staff, evidence relating to professional library work.

      1. Objective summary of all student evaluations (for full-time members of the instructional staff only) prepared by the Department Chairperson and certified as accurate by a faculty member in the department selected by the faculty member in the department to be evaluated.

      2. Peer Evaluations.

      3. Other appropriate evidence.

   2. Evidence of service to the College and/or the Community.

      1. Records of committee work.

      2. Records of course and/or program development.

      3. Records of community work.

      4. Other appropriate evidence.

   3. Evidence of professional development shall be documentation of scholarly, academic, or professional attainments or activities appropriate to the faculty member’s academic or professional area.

2.  

   1. At the departmental (Director of Libraries) evaluation level, the material of evaluation shall include only those timely placed in the faculty members Record File within the meaning of Article XIV (Faculty Record File), Section B of this Agreement.

   2. At the Peer Evaluation Committee evaluation level, the material of evaluation shall include only those reviewed at the departmental (Director of Libraries) evaluation level, the recommendation of the Departmental (Director of Libraries) Evaluation Committee, the written reasons for recommendation given to the faculty member, the faculty member’s statement to the Committee, if any, opposing the recommendation, and extraordinary evidence or newly obtained evidence unavailable at the department (Director of Libraries) evaluation level which shall be reviewed with the faculty member.

   3. At the Faculty Appeals Committee level, the material of evaluation shall include only those reviewed at the Peer Evaluation Committee level and the faculty member’s statement in support of his or her appeal to the Committee, if any, and extraordinary evidence or newly obtained evidence pertaining to these criteria which was not readily available at previous levels of evaluation.

   4. At the Presidential and Board levels, the material of evaluation shall include only those reviewed at the Peer Evaluation Committee level or the Faculty Appeals Committee level, the faculty member’s statement addressed to the President, if any, opposing the recommendation of the Peer Evaluation Committee or the Faculty Appeals Committee, the recommendations of the appropriate Academic Office and the recommendation of the Academic Vice President, and extraordinary evidence or newly obtained evidence pertaining to these criteria which was not readily available at previous levels of evaluation.

3. The Academic Vice President and an appropriate committee of faculty shall prepare student evaluation and peer evaluation material to be used in the evaluation of faculty members. These evaluation material may be modified by the departments concerned to meet their particular needs.

D.  Process for the Evaluation of Tenured Faculty Members

1. Pursuant to College policy regarding evaluation of tenured faculty members, and for the purpose of providing advice and guidance pertaining to the criteria stated in section c. below a regular review of the academic performance of tenured faculty members will be conducted.

1. Such evaluations of tenured faculty members shall take place once every five years. Evaluations done for purposes of determining promotions shall not be substituted for post-tenure evaluations.

2. A faculty member may not undergo post-tenure evaluation in the same year as evaluation for purposes of promotion.

3. These evaluations shall include evidence of continued teaching effectiveness; evidence of professional development; contributions to the College or Department; curriculum or instruction improvement, development or revision; and/or community service; and other assigned duties and responsibilities, including academic advising of assigned students.

2. Material of Evaluation

   1. Evaluation material, all of which shall be placed in the faculty member’s post-tenure record file, shall consist of materials relevant to each criterion specified in (c) above for at least TWO academic years prior to the evaluation, beginning with faculty evaluated in the year 2001.

   2. Evaluation materials relating to continued teaching effectiveness, or in the case of full-time members of the professional library staff, continued effectiveness in professional library work, shall include the following:

      1. Objective summary of all student evaluations (for full-time members of the instructional staff only), prepared by the Department Chairperson and certified as accurate by a faculty member in the department selected by the faculty member in the department to be evaluated for at least three different class sections per academic year, provided the faculty member has taught that many classes.

      2. Evidence that the faculty member has advised assigned students on academic matters as fully as possible

      3. Classroom evaluations, if any, done by the appropriate academic officer with prior written notice of at least five class days.

   3. Evaluation materials relating to professional development shall include the following:

      1. Documentation of scholarly, academic, or professional attainments or activities appropriate to the faculty member’s academic or professional area.

   4. Evaluation materials of contributions to the College or Department shall include the following:

      1. Documentation of committee work, including a description of the individual faculty member’s contributions.

      2. Other appropriate evidence.

   5. Evaluation materials of curriculum or instruction improvement, development, or revision shall include:

      1. Documentation of completion of or progress in curriculum or instruction improvement, development, or revision.

      2. Other appropriate evidence.

   6. Evaluation materials relating to community service shall include the following:

      1. Documentation of community service, including a description of the individual faculty member’s individual contributions.

      2. Other appropriate evidence.

E.  Post-Tenure Review File

Since the materials for the evaluation (listed in Article XIII.D., section 2 of this Agreement) of tenured faculty are different from those used for reappointment and promotion, a separate Post Tenure Review File (PTRF), containing materials collected since the last post-tenure evaluation should be produced and maintained by each faculty member for the sole purpose of post-tenure review. This file will be kept with the Faculty Record file in the office of the Vice President of Academic Affairs or his/her designee but clearly identified as the only file to be used for Post Tenure Review. This Post Tenure Review File (PTRF) and the Faculty Record File will be separate files and if material is appropriate for both it should be duplicated by the faculty member at the time of placement.

F.  Notification and Deadlines

1. A list of faculty to undergo the post-tenure evaluation during any academic year shall be generated by the office of the Vice President of Academic Affairs. Faculty undergoing post-tenure evaluation for the first time shall do so in an order based upon the duration of time since their last evaluation, whether for reappointment, promotion, tenure, or post-tenure review, so that 20 percent of tenured faculty are evaluated annually, but in no event shall a faculty member undergo post-tenure evaluation within less than five years since her/his last evaluation for any purpose. This list will be sent to the Department Chairs by September 1 of the academic year prior to the academic year of the scheduled review. Copies of this list will be sent to the Executive Committee of the AAUP and the Tenured Faculty Review Committee.

2. Those faculty to undergo post-tenure evaluation during any academic year shall be notified of the pending review not later than September 30 of the previous academic year. Such notification shall come from the appropriate academic officer.

3. Materials of evaluation shall be placed in the PTRF by the faculty member prior to September 30 of the academic year in which that faculty member is scheduled to be reviewed.

4. All file submissions by the faculty member must contain the signature of both the faculty member to be reviewed and the Vice President for Academic Affairs or his/her designee. All material shall be logged in by the faculty member and the designee of the appropriate academic officer in the same manner as is used in preparing the Faculty Record File.

5. The PTRF shall be made available to the faculty member within five (5) days of notification of the intent to submit materials by the faculty member involved.

6. No material may be placed in the faculty member’s Post Tenure Review File unless the faculty member receives prior written notification of the placement of such materials and the opportunity to attach comments and/or rebuttal statements to the material before it is placed in the file. A faculty member shall place in his or her PTRF all appropriate evaluation material at least three (3) days prior to the date of his or her Department evaluation, provided he/she has been given sufficient notice, at which time the Post Tenure Review File shall be closed.

7. Prior to November 24 of the academic year of the post-tenure evaluation, a Departmental Evaluation Committee, consisting of no less than three (3) elected members shall review the Post Tenure Review Files of all tenured faculty members scheduled for review. The results of this evaluation shall be sent to the faculty member and the Tenured Faculty Review Committee on or before December 15 of that academic year.

8. By March 15, the Tenured Faculty Review Committee shall forward its recommendations to the faculty member and the appropriate academic officer for review.

9. By April 30, the appropriate academic officer will forward his/her evaluation, to the faculty member and to the appropriate department chairperson.

10. At the Departmental Evaluation Committee level, materials of evaluation which are considered shall be the contents of the PTRF.

11. At the Tenured Faculty Review Committee level, materials of evaluation which shall be considered are the contents of the PTRF, the recommendations of the Departmental Evaluation Committee, and any responses to the recommendations submitted by the faculty member.

12. At the level of the appropriate academic officer, materials of evaluation which shall be considered are the contents of the PTRF, the recommendations of the Departmental Evaluation Committee, the recommendations of the Tenured Faculty Review Committee, any responses to the recommendations of the Departmental Evaluation Committee and/or the Tenured Faculty Review Committee by the faculty member.

13. At each level of evaluation, the faculty member shall be given timely notice of the results of the evaluation, so that he/she may respond if he/she so wishes to the recommendation, prior to the PTRF and recommendation being passed on to the next level.

14. If the notice requirements listed in Section F. 1,2,5,7, and 8 of this Article are not met, a faculty member’s evaluation shall be extended by a length of time equal to the delay in notification. If the notice requirement noted in F9 of this Article is not met, the faculty member shall be deemed to have satisfied the requirement for post tenure review and will not be further evaluated for at least five additional years.

15. It is recognized that the purpose of post-tenure evaluation is to assist tenured faculty in maintaining excellence in teaching and appropriate other contributions to the College.

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ARTICLE XIV

XIV.  FACULTY RECORD FILE

1. A Record File shall be maintained for each faculty member in the office of the Academic Vice President or the office of the appropriate Academic Officer.

2. The following are the procedures fore creating and maintaining a Faculty Record File. Each faculty record file shall consist of a Summary Folder plus one additional folder for each rank that the faculty member has held while at Union County College, and a Current Rank Folder, in which material to be considered for promotion to the next higher rank is to be placed.

   1. Summary Folder
      A new Summary Folder shall be established whenever a faculty member promoted to a new academic rank. It shall contain a listing of all major accomplishments before the latest promotion, such as degrees earned (with dates), positions held (with duration), honors awarded, etc., all with item number references to previous volumes where the actual documentation and back-up material shall remain as originally entered.
      After a promotion all material contained in the Summary Folder shall be placed in the rank folder containing the activities while in the rank from which the faculty member was just promoted.

   2. Folder of Current Rank
      Each faculty member shall establish a new volume (Current Rank Folder) upon being promoted. This folder shall contain its own item listing (sign-in sheet) and reflect the accomplishments since the last promotion which would presumably form the basis for consideration for the next promotion.

3. The following is the type and nature of the material and its appropriateness within each of the categories as specified in Article XIII (Professional Evaluation), Part B and Part C, Section 2, of this Agreement. The items in 1, 2, 3, and 4 below are merely listings of suggested activities within each category; the relevance and degree of requirement vary with each professional rank as spelled out in Article XIII (Professional Evaluation) of the Agreement.

   1. Evidence of teaching excellence:

      1. Objective summary of student evaluations using an instrument agreed upon by the Vice President of Academic Affairs and an appropriate faculty committee. The summary shall be of all classes taught during the previous academic year by the faculty member, if possible.

      2. Peer evaluations.

      3. Other appropriate evidence.

   2. Evidence of service to the College

      1. Records of committee work (including A.A.U.P. Chapter work)

      2. Records of course and/or program development.

      3. Other appropriate evidence.

   3. Evidence of contributions to the community:

      1. Lectures or consultation to community groups.

      2. Membership on or leadership positions in community advisory group(s).

      3. Other appropriate evidence.

   4. Evidence of professional development:

      1. Successful completion of graduate courses in one’s academic discipline or related field.

      2. Evidence of the attainment of an additional graduate degree in one’s academic discipline or related field.

      3. Evidence of active participation in educational and/or professional societies.

      4. Honor or award received from an educational or professional society, since the last reappointment or promotion.

      5. A visiting professorship at another postsecondary institution.

      6. Evidence of professional consultation.

      7. Evidence of publications or other creative work (music, paintings, etc.).

      8. Recognition by a national group, society, or organization.

      9. Courses taken to gain or maintain licensure or professional standing or to gain additional professional skills in one’s academic discipline or in a related area.

      10. Other appropriate evidence of scholarly, academic or professional attainments or activities appropriate to the faculty member’s academic or professional area.

4. The following procedures are to be used in accordance with the provisions of Article XIII (Professional Evaluation), Part C. Section 3.

   1. Student evaluations

      1. Student evaluation forms shall be distributed to students in a class by a person, other than the faculty member to be evaluated, approved by the Department Chairperson or Coordinator. When the evaluations are completed, that person shall collect them and bring them to the Department Chairperson’s office. The forms will be forwarded by the Department Chairperson to the Computer Center for tabulation. Once the evaluations are tabulated, the forms and the summary of the tabulations shall be forwarded to the Department Chairperson. The Department Chairperson shall then sign, date, and give the forms and summary to the evaluated faculty member for placement in his/her record file, together with whatever comments the faculty member wishes to make about any aspect of the student evaluation summaries.

      2. All student evaluations shall be conducted between the tenth (10^th) and sixteenth (16^th) week of the academic semester, except in the case of a first (1^st) or second (2^nd) year faculty member, in which case the evaluations shall be conducted by the tenth (10^th) week of the academic semester. In those courses that do not follow a 16-week semester, the evaluation shall be conducted in the last one third (1/3) of the course.

   2. Peer evaluations

      1. Peer evaluations shall be conducted by a faculty member from the candidate’s department, chosen by the faculty member with the approval of the chairperson. The faculty member to be evaluated and the faculty member to do the evaluation shall agree upon a time for the evaluation. Within one week of the evaluation, the evaluator shall submit a written report to the faculty member evaluated and the Department Chairperson. If the faculty member evaluated wishes, s/he may append a written response to the report before placing it in his/her record file.

      2. It is recommended that at least one peer evaluation be done each year for tenured faculty and two per year for those who have not attained tenure.

5. The Academic Vice President or his or her designee shall place in the faculty member’s Record File all appropriate evaluation material as defined in Article XIII (Professional Evaluation), Part C, of this Agreement by September 10 in the case of a faculty member to be considered for promotion or reappointment in the 2^nd or 5^th year or by October 10 in the case of a faculty member in the 1^st, 3^rd, or 4^th year who is to be considered only for reappointment. A faculty member shall place in his or her Record File all appropriate evaluation material as defined in Article XIII (Professional Evaluation), Part C, of this Agreement at least three (3) days prior to the date of his or her departmental evaluation, at which time the Record File shall be closed.

6. Upon written notice to the Academic Vice President or his or her designee of at least three (3) class days specifying the date and time, a faculty member shall have the right to review all material in his or her Record File. The Academic Vice President or his or designee may be present. The faculty member shall initial and write the date of initialing on all documents in the Record File solely to indicate that s/he has seen the documents. A faculty member shall have the right to attach comments and/or a rebuttal statement to material placed in his or her Record File. A faculty member shall have the right to have material placed in his or her Record File. A faculty member shall have the right to have material in his or her Record File reproduced for his or her own use, for which s/he shall be charged ten cents per copy. All material in the Record File of a faculty member shall be confidential and shall not be subject to publication.

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ARTICLE XV

XV.  TENURE

1. A faculty member who has previously been appointed or reappointed with tenure shall continue to have tenure.

2. All non-tenured faculty members shall be considered and eligible for tenure in accordance with all applicable statutes and regulations;

   1.  

      1. Faculty members shall be under tenure in their academic rank but not in any administrative position, during good behavior, efficient and satisfactory professional performance, as evidenced by formal evaluation and shall not be dismissed or reduced in compensation except for inefficiency , unsatisfactory professional performance, incapacity or other just cause and then only in the manner prescribed by subarticle B of Article 2 of Chapter 6 Title 18A of the New Jersey Statutes, after employment by the College for:

         1. five (5) consecutive calendar years; or

         2. five (5) consecutive academic years, together with employment at the beginning of the next academic year; or

         3. the equivalent of more than five (5) academic years within a period of any six (6) consecutive academic years.

      2. Notwithstanding the provisions set forth above, the Board may, as an exceptional action and upon the recorded two-thirds majority roll call vote of all its members and upon the recommendation of the President, grant tenure to an individual faculty member after employment in the College for two (2) consecutive academic years.

3.  

   1. Tenure shall only be awarded to individuals whose performance during their probationary period gives evidence of the ability and willingness to make a continuing contribution to the growth and development of the College.

   2. Tenure shall only be awarded after presentation of positive evidence of excellence in teaching, scholarly achievement, contribution to the College or community, and fulfillment of professional responsibilities.

ARTICLE XVI

XVI.  FACULTY DISCIPLINE

1. Faculty members shall not be dismissed or reduced in compensation except for inefficiency, unsatisfactory professional performance, incapacity or other just cause and then only in the manner prescribed by subarticle B of Article 2 of Chapter 6 of Title 18A of the New Jersey Statutes (18A:6-9 - 18A:6-29).

ARTICLE XVII

XVII.  ACADEMIC FREEDOM

1. A faculty member is entitled to full freedom in research, in the publication of the results, subject to adequate performance of his or her other academic duties; but research for pecuniary return utilizing College facilities or College funds should be based upon a written understanding the Vice President for Finance.

2. A faculty member is entitled to freedom in the classroom in discussing his or her subject, but should be careful not to introduce into his or her teaching controversial matter which has no relation to his or her subject.

3. A faculty member is a citizen, a member of the learned profession, and a member of an educational community. When s/he speaks or writes as a citizen, s/he should be free from institutional censorship or discipline, but his or her special position in the community imposes special obligations. As a man or woman of learning and as an educator, s/he should remember that the public may judge his or her profession and his or her institution by his or her utterances. Hence s/he should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that s/he is not a College spokesperson.

4. The College shall provide to each faculty member and librarian with notice of the College’s obligation to provide representation indemnification and costs of defense for any legal action brought against the individual because of any alleged act or omission in the scope of his/her employment. The College shall meet with the Chapter to agree upon the contents of this notice.

ARTICLE XVIII

XVIII.  FACULTY MEMBERS APPOINTED TO ADMINISTRATIVE POSITIONS

1. Faculty members appointed to administrative positions at the college who hold an academic rank and tenure in a department of the college shall continue to hold the academic rank and tenure upon returning to the faculty. All such faculty members shall have seniority as of the date of employment by the College, or by the previous institution to which the College is successor.

2. Upon returning to faculty status, faculty members appointed to administrative positions shall resume the salary originally held at the time of appointment to administrative positions plus all increases and benefits for their rank received pursuant to compensation articles in all Chapter Agreements for the duration of the appointment.

ARTICLE XIX

XIX.  POWERS AND ORGANIZATION OF THE FACULTY

1.  

   1.  

      1. The Board acknowledges the faculty’s interest in and primary responsibility for making decisions in the areas of student’s admission requirements, curriculum of courses and/or laboratories offered through departments, subject matter of and methods of instruction in credit courses and/or laboratories offered by the College, research, and those aspects of student life which relate to the educational process.

      2. The advice of the faculty will be solicited by the President or his or her designee with respect to all decisions in the areas stated in part A.1.a. of this Article prior to making the decision.

   2. The establishment of requirements for degrees in course, the determination that such requirements have been met in any individual case, are responsibilities vested in the Board. The recommendations regarding the above and recommendations that degrees in course be conferred are responsibilities vested in the faculty.

   3.  

      1. Through appropriate faculty committees, the faculty shall actively participate in the making of recommendations to the President in the areas of:

         1. long-range planning; and

         2. the use of existing physical resources and the acquisition of additional physical resources; and

         3. priorities in the deployment of financial resources.

      2. The President or his or her designee shall comply with reasonable requests from the appropriate faculty committee for information pertinent to the faculty committee’s functions as specified in Part A, Section 3.a. of this Article.

   4. The advice of the faculty will be solicited with respect to decisions in the areas of curriculum of courses and/or laboratories not described in Part A, Section 1.a. of this Article and of subject matter of and method of instruction in courses and/or laboratories not described in Part A, Section 1.a. of this Article.

2. Organization

   1. All members of the faculty as defined in Article I, Section K of this Agreement are members of the faculty organization and shall have all rights and responsibilities deriving from such membership.

   2. The faculty shall have the right to adopt by-laws and other rules and regulations necessary for the carrying out of its duties and responsibilities. These by-laws, rules and regulations shall include but are not limited to:

      1. Manner, time, and frequency of its meetings.