Common use of Considerations in Teaching Assignment Clause in Contracts

Considerations in Teaching Assignment. (a) The Trustees and the UFF recognize that while the Legislature has described the minimum full academic assignment for teaching faculty in terms of twelve (12) contact hours of instruction or equivalent research/scholarship and service, the professional obligation undertaken by a faculty member will ordinarily be broader than that minimum, and is not easily quantifiable. (b) In making assignments, subject to the provisions of this Agreement, the University Administration has the right to determine the types of duties and responsibilities that comprise the professional obligation and to determine the mix or relative proportion of effort a faculty member may be required to expend on the various components of the obligation. Additionally, the parties recognize that if the University Administration exercises this right in a manner that has a direct and substantial impact upon terms and conditions of employment, the University Administration shall provide the UFF with the opportunity to engage in collective bargaining with regard to the impact of such changes before implementing them. (c) In making teaching assignments, the University Administration shall be primarily guided by the needs of the program or department/unit. The University Administration shall also be guided by the following considerations: (1) The faculty member’s qualifications, experience, professional growth and development, and preferences; (2) The character of the teaching assignment, including but not limited to a. The number of hours of instruction, b. The distribution of day, evening and weekend courses which is fair and reasonable under the circumstances, c. The number of hours between the beginning of the first assignment and the end of the last assignment in any one day (normally a maximum of 8 hours), d. The number of hours between the end of the last assignment and the beginning of the next assignment (normally at least 12 hours), e. The preparation required, f. Whether the faculty member has taught the course in the past, g. The average number of students enrolled in the course in past semesters, h. The time required by the course, i. Whether travel to another location is required, j. The number of preparations required, k. The faculty member’s assignments in other semesters, l. The terms and conditions of a contract or grant from which the faculty member is compensated, m. The use of instructional technology, n. The availability and adequacy of materials and equipment, facilities, secretarial services, student assistants, and other support services needed to perform the assignments, and o. Any changes which have been made in the assignment, including those which may have resulted from previous evaluations of the faculty member; and (3) The equitable opportunity, in relation to other faculty members in the same department/unit, to fulfill applicable criteria for tenure, promotion, merit salary increases, or, if applicable, multi-year appointments. (d) The department chair/supervisor shall provide the teaching faculty member with the opportunity to consult about the course schedule and shall accommodate a faculty member’s teaching preferences to the extent practicable. During the consultation, the department chair/supervisor shall discuss any contemplated change in the faculty member’s assigned allocations for teaching, research/scholarship/creative activity, and service. (e) A teaching faculty member shall, upon written request, promptly be granted a conference with the person responsible for making the assignment to express concerns regarding the considerations listed in subsection 14.2(c). If the conference with the person responsible for making the course assignment does not resolve the faculty member’s concerns, the faculty member shall, upon written request, promptly be granted an opportunity to discuss those concerns with an administrator at the next higher level. If the faculty member’s concerns are not resolved, the administrator shall inform the faculty member of his/her right to address the matter through the expedited Neutral Umpire procedure described in Appendix “G”. (f) No teaching faculty member’s assignment shall be arbitrary or unreasonable. (1) For the purpose of applying this principle to teaching assignments, teaching assignments shall be deemed arbitrary or unreasonable if one or more of the following applies: a. The assignment was made without providing the faculty member the opportunity to consult about the assignment. b. After consulting with the faculty member, the University Administration did not make a fair and reasonable attempt to accommodate the faculty member’s circumstances, including allowing reasonable time for research for those faculty members with research assignments. In this regard, the parties recognize the following: 1. Assignments are driven primarily by the program and curricular needs of the students in the programs in the department. The preferences and desires of the faculty members are secondary to these program and curricular needs. 2. Not all circumstances can be accommodated, and that inability to accommodate does not in and of itself represent an arbitrary or unreasonable assignment. c. An assigned course is outside the faculty member’s area of expertise and the faculty member has not agreed to teach the course. d. The time between the beginning of the first teaching assignment and the end of the last teaching assignment in any one day exceeds eight hours, unless the faculty member has agreed to such an arrangement or there is no practicable alternative. e. The time between the end of the last teaching assignment on one day and the beginning of the first teaching assignment for the next day is less than twelve (12) hours, unless the faculty member has agreed to such an arrangement or there is no practicable alternative. f. If, in relation to other faculty members in the same department/unit, the assignment does not provide an equitable opportunity to meet the required criteria for promotion, tenure, merit salary increases, and, if applicable, multi-year appointments, or there has been no provision for a timely appropriate adjustment that corrects the inequity. (2) If a teaching faculty member believes that the assignment of a course is arbitrary or unreasonable, the faculty member should proceed to address the matter through the expedited Neutral Umpire procedures in Appendix “G” of this Agreement, which shall be the exclusive method for resolving such disputes. Other claims of alleged violations of the Agreement with respect to faculty assignments are subject to the provisions of the

Considerations in Teaching Assignment. (a) The Trustees and the UFF recognize that while the Legislature has described the minimum full academic assignment for teaching faculty in terms of twelve (12) contact hours of instruction or equivalent research/scholarship and service, the professional obligation undertaken by a faculty member will ordinarily be broader than that minimum, and is not easily quantifiable. (b) In making assignments, subject to the provisions of this Agreement, the University Administration has the right to determine the types of duties and responsibilities that comprise the professional obligation and to determine the mix or relative proportion of effort a faculty member may be required to expend on the various components of the obligation. Additionally, the parties recognize that if the University Administration exercises this right in a manner that has a direct and substantial impact upon terms and conditions of employment, the University Administration shall provide the UFF with the opportunity to engage in collective bargaining with regard to the impact of such changes before implementing them. (c) In making teaching assignments, the University Administration shall be primarily guided by the needs of the program or department/unit. The University Administration shall also be guided by the following considerations: (1) The the needs of the program or department/unit; (2) the faculty member’s qualifications, experience, professional growth and development, and preferences; (23) The the character of the teaching assignment, including but not limited to a. The the number of hours of instruction, b. The the distribution of day, evening and weekend courses which is fair and reasonable under the circumstances, c. The the number of hours between the beginning of the first assignment and the end of the last assignment in any one day (normally a maximum of 8 hours), d. The the number of hours between the end of the last assignment and the beginning of the next assignment (normally at least 12 hours), e. The the preparation required, f. Whether whether the faculty member has taught the course in the past, g. The the average number of students enrolled in the course in past semesters, h. The the time required by the course, i. Whether whether travel to another location is required, j. The the number of preparations required, k. The the faculty member’s assignments in other semesters, l. The the terms and conditions of a contract or grant from which the faculty member is compensated, m. The the use of instructional technology, n. The the availability and adequacy of materials and equipment, facilities, secretarial services, student assistants, and other support services needed to perform the assignments, and o. Any any changes which have been made in the assignment, including those which may have resulted from previous evaluations of the faculty member; and (34) The the equitable opportunity, in relation to other faculty members in the same department/unit, to fulfill applicable criteria for tenure, promotion, merit salary increases, or, if applicable, multi-year appointments. (d) The department chair/supervisor shall provide the teaching faculty member with the opportunity to consult about the course schedule and shall accommodate a faculty member’s teaching preferences to the extent practicable. During the consultation, the department chair/supervisor shall discuss any contemplated change in the faculty member’s assigned allocations for teaching, research/scholarship/creative activity, and service. (e) A teaching faculty member shall, upon written request, promptly be granted a conference with the person responsible for making the assignment to express concerns regarding the considerations listed in subsection 14.2(c). If the conference with the person responsible for making the course assignment does not resolve the faculty member’s concerns, the faculty member shall, upon written request, promptly be granted an opportunity to discuss those concerns with an administrator at the next higher level. If the faculty member’s concerns are not resolved, the administrator shall inform the faculty member of his/her right to address the matter through the expedited Neutral Umpire procedure described in Appendix “G”. (f) No teaching faculty member’s assignment shall be arbitrary or unreasonable. (1) For the purpose of applying this principle to teaching assignments, teaching assignments shall be deemed arbitrary or unreasonable if one or more of the following applies: a. The assignment was made without providing the faculty member the opportunity to consult about the assignment. b. After consulting with the faculty member, the University Administration did not make a fair and reasonable attempt to accommodate the faculty member’s circumstances, including allowing reasonable time for research for those faculty members with research assignments. In this regard, the parties recognize the following: 1. Assignments are driven primarily by the program and curricular needs of the students in the programs in the department. The preferences and desires of the faculty members are secondary to these program and curricular needs. 2. Not all circumstances can be accommodated, and that inability to accommodate does not in and of itself represent an arbitrary or unreasonable assignment. c. An assigned course is outside the faculty member’s area of expertise and the faculty member has not agreed to teach the course. d. The time between the beginning of the first teaching assignment and the end of the last teaching assignment in any one day exceeds eight hours, unless the faculty member has agreed to such an arrangement or there is no practicable alternative. e. The time between the end of the last teaching assignment on one day and the beginning of the first teaching assignment for the next day is less than twelve (12) hours, unless the faculty member has agreed to such an arrangement or there is no practicable alternative. f. If, in relation to other faculty members in the same department/unit, the assignment does not provide an equitable opportunity to meet the required criteria for promotion, tenure, merit salary increases, and, if applicable, multi-year appointments, or there has been no provision for a timely appropriate adjustment that corrects the inequity. (2) If a teaching faculty member believes that the assignment of a course is arbitrary or unreasonable, the faculty member should proceed to address the matter through the expedited Neutral Umpire procedures in Appendix “G” of this Agreement, which shall be the exclusive method for resolving such disputes. Other claims of alleged violations of the Agreement with respect to faculty assignments are subject to the provisions of the