Common use of Continuing Appointments Clause in Contracts

Continuing Appointments. Continuing appointment is defined as appointment with no end date, unless just cause for termination exists or the ▇▇▇▇ determines that the work performed by the individual will not be performed in the college/school by a non-tenure- track faculty member. a. Reappointments before continuing appointment is achieved shall be at the discretion of the ▇▇▇▇ (upon recommendation of the Department Chair), who shall consider such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies). Non-reappointment during this same time period shall not be grievable. Any reappointment made after the faculty member reaches the service mark specified in 21.9.2.b shall be a continuing appointment as specified in this section, except where 21.9.1.g applies. b. Upon completion of three years of continuous full-time-equivalent service at 50% time or more, with no more than two (2) semesters at less than half time and no more than one semester at zero time, NTT faculty shall become eligible for reappointment to continuing appointments with no termination date. Full-time non-tenure-track faculty members on one-semester appointments, for example, shall be deemed to have met the three-year service threshold after six semesters of appointments. Periods of either authorized leave or professional development leave (as described in 21.13.4) shall not count as breaks in FTE service towards continuing appointment but shall not accrue FTE service towards continuing appointment. Upon recommendation by the Department Chair, and after a ▇▇▇▇’▇ review based on such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies), the ▇▇▇▇ determines whether the non-tenure-track faculty member should be offered a continuing appointment. In the case of a positive decision, the administration will extend an offer of continuing appointment at 50% or more time. In the case of a negative decision, the ▇▇▇▇ will give the non-tenure-track faculty member written notice of non-reappointment in accordance with the chart in 21.9.1. The terms of Article 21.9.2 shall not apply to spousal appointments that are effective on or after September 1, 2009, to whom this provision shall apply after six rather than three years of continuous full-time equivalent service.

Continuing Appointments. Continuing (a) A Faculty Member who has successfully completed a probationary appointment shall automatically receive a continuing appointment at the same or higher percentage of employment as on the probationary contract. (b) A full-time Faculty Member may be assigned to a continuing part-time contract without loss of accumulated seniority and shall continue to accumulate seniority on a prorated basis. Except where a reduction in staff is defined as appointment with no end dateapplicable, unless just cause for termination exists or the ▇▇▇▇ determines that the work performed by the individual will a full-time Faculty Member shall not be performed converted to part-time without mutual agreement among that member, the Union and the Employer. In the event that a previously full-time Faculty Member who has converted to continuing part-time wishes to revert to a full-time appointment, they can only do so if there is a vacancy for which the Faculty Member is qualified subject to the provisions of Clause 1.04(e) or if there was an agreement specifying the duration of part-time employment prior to that member becoming part-time. (c) A Faculty Member with a continuing part-time appointment shall be granted first refusal for increased employment in the college/school by a non-tenure- track faculty member. a. Reappointments before continuing appointment is achieved shall be at same department, when, in the discretion judgment of the ▇▇▇▇ (upon recommendation of or Director, in consultation with faculty and the Department Chair), who shall consider such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies)Faculty Member is fully qualified to perform the duties comprising the additional workload. Non-reappointment during this same time period shall not be grievable. Any reappointment made after the faculty member reaches the service mark specified in 21.9.2.b shall be a continuing appointment as specified in this section, except where 21.9.1.g applies. b. Upon completion of three years of continuous full-time-equivalent service at 50% time or more, with no more than two (2) semesters at less than half time and no Should more than one semester at zero time, NTT faculty shall become eligible for reappointment to (1) continuing appointments with no termination date. Fullpart-time non-tenure-track faculty members on one-semester appointments, for example, shall Faculty Member be deemed to have met the three-year service threshold after six semesters of appointments. Periods of either authorized leave or professional development leave (as described in 21.13.4) shall not count as breaks in FTE service towards continuing appointment but shall not accrue FTE service towards continuing appointment. Upon recommendation by the Department Chair, and after a ▇▇▇▇’▇ review based on such factors as performance, need qualified for the individual’s servicesincreased employment, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies), the work will be assigned to the Faculty Member judged to be best qualified for the duties involved in the additional workload. Should the ▇▇▇▇ determines whether or Director deem two (2) or more continuing part-time Faculty Members equally qualified for the non-tenure-track faculty member should be offered a continuing appointment. In the case of a positive decisionincreased employment, the administration work will extend an offer of continuing appointment at 50% or more time. In be assigned to the case of a negative decision, the ▇▇▇▇ will give the non-tenure-track faculty member written notice of non-reappointment in accordance Faculty Member with the chart most seniority. (d) Transition from Term Appointments to Probationary or Continuing Appointments. Any Faculty Member on a term appointment, other than indefinite term, shall upon application to Human Resources be granted probationary or continuing employment, subject to the following conditions: (i) The Faculty Member must have been appointed to a term position through the normal school selection procedures in 21.9.1. effect at the time of their appointment. (ii) The terms Faculty Member must have completed term appointment(s) of Article 21.9.2 shall not apply to spousal appointments that are effective on or after September 1, 2009, to whom this provision shall apply after six rather than three years of continuous full-time equivalent service.at least eight

Continuing Appointments. Continuing appointment is defined as appointment with no end date, unless just cause for termination exists or the ▇▇▇▇ determines that the work performed by the individual will not be performed in the college/school by a non-tenure- tenure-track faculty member. a. Reappointments before continuing appointment is achieved shall be at the discretion of the ▇▇▇▇ (upon recommendation of the Department Chair), who shall consider such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies)9.1. Non-reappointment during this same time period shall not be grievableg applies. Any reappointment made after the faculty member reaches the service mark specified in 21.9.2.b shall be a continuing appointment as specified in this section, except where 21.9.1.g applies. b. Upon completion of three years of continuous full-time-equivalent service at 50% time or more, with no more than two (2) semesters at less than half time and no more than one semester at zero time, NTT faculty shall become eligible for reappointment to continuing appointments with no termination date. Full-time non-tenure-track faculty members on one-semester appointments, for example, shall be deemed to have met the three-year service threshold after six semesters of appointments. Periods of either authorized leave or professional development leave (as described in 21.13.4) shall not count as breaks in FTE service towards continuing appointment but shall not accrue FTE service towards continuing appointment. Upon recommendation by the Department Chair, and after a ▇▇▇▇’▇ review based on such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies), the ▇▇▇▇ determines whether the non-tenure-track faculty member should be offered a continuing appointment. In the case of a positive decision, the administration will extend an offer of continuing appointment at 50% or more time. In the case of a negative decision, the ▇▇▇▇ will give the non-tenure-track faculty member written notice of non-reappointment in accordance with the chart in 21.9.1. The terms of Article 21.9.2 shall not apply to spousal appointments that are effective on or after September 1, 2009, to whom this provision shall apply after six rather than three years of continuous full-time equivalent service.

Continuing Appointments. Continuing (a) A faculty member who has successfully completed a probationary appointment shall automatically receive a continuing appointment at the same or higher percentage of employment as on the probationary contract. (b) A full-time faculty member may be assigned to a continuing part-time contract without loss of accumulated seniority and shall continue to accumulate seniority on a prorated basis. Except where a reduction in staff is defined as appointment with no end dateapplicable, unless just cause for termination exists or the ▇▇▇▇ determines that the work performed by the individual will a full-time faculty member shall not be performed converted to part-time without mutual agreement among that member, the Union and the Employer. In the event that a previously full-time faculty member who has converted to continuing part-time wishes to revert to a full-time appointment, he/she can only do so if there is a vacancy for which he/she is qualified subject to the provisions of Clause 1.04(e) or if there was an agreement specifying the duration of part-time employment prior to that member becoming part-time. (c) A faculty member with a continuing part-time appointment shall be granted first refusal for increased employment in the college/school by a non-tenure- track faculty member. a. Reappointments before continuing appointment is achieved shall be at same department, when, in the discretion judgment of the ▇▇▇▇ ▇, in consultation with faculty and the chair, he/she is fully qualified to perform the duties comprising the additional workload. Should more than one (upon recommendation of the Department Chair), who shall consider such factors as performance, need 1) continuing part-time faculty member be qualified for the individual’s servicesincreased employment, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies). Non-reappointment during this same time period shall not the work will be grievable. Any reappointment made after assigned to the faculty member reaches judged to be best qualified for the service mark specified duties involved in 21.9.2.b shall be a continuing appointment as specified in this section, except where 21.9.1.g appliesthe additional workload. b. Upon completion (d) Transition from Term Appointments to Probationary or Continuing Appointments. Any faculty member on a term appointment, other than indefinite term, shall upon application be granted probationary or continuing employment, subject to the following conditions: (i) He/she must have been appointed to a term position through the normal school selection procedures in effect at the time of three years his/her appointment. (ii) He/she must have worked at an average minimum of continuous full-time-equivalent service forty percent (40%) of full- time employment over at 50% time or more, with no more than least twelve (12) weeks in each of two (2) semesters or at less than half least nine (9) weeks in each of three (3) quarters (or the equivalent in a combination of semesters and quarters) in each of two (2) consecutive years, with a resulting full-time and no equivalent employment total of at least thirty (30) weeks, i.e. an average workload of at least fifty percent (50%) in each year. (iii) The faculty member normally must have worked in one department during the qualifying period, except in the case of faculty members who have done similar work in more than one semester department. Should there be disagreement concerning whether or not an individual who has worked in more than one department during the qualifying period is entitled to continuing status, the matter shall be resolved according to the provisions of Clauses 21.01 and 21.02. (iv) He/she must have been successfully evaluated according to established school evaluation procedures. (v) An assignment averaging at zero least fifty percent (50%) of full-time employment, with a minimum of forty percent (40%) at any given time, NTT faculty shall become eligible for reappointment to continuing appointments with no termination date. Fullbased on the normal workload of a full-time non-tenure-track faculty members on one-semester appointments, for exampleinstructor in the relevant department, shall be deemed available over two (2) semesters or three (3) quarters in the next year. The Employer is obligated to have met offer continuing employment when the threeannual budget and operating plan indicate that an assignment to the level stipulated above will be available. When the Employer concludes that sufficient work is not available to offer an individual a continuing contract, the Employer shall inform the individual and the Union in writing of the reasons for the decision. All benefit calculations, including long term disability, will be based on the average annual percentage of full-year service threshold after six semesters time employment. Conversion to a continuing appointment shall occur only at the beginning of appointmentsthe next term or semester following qualification and application. Periods For the purposes of either authorized leave or professional development leave (as described in 21.13.4) this clause, the period from May through August shall be considered a semester. The Employer shall not count deny a faculty member the rights stipulated in this clause as breaks in FTE service towards a result of having neglected to evaluate the faculty member. When more than one candidate is eligible for a single continuing appointment but under this clause, the appointment shall not accrue FTE service towards be offered to the employee deemed most qualified through normal school selection procedures. (e) When a continuing appointmentposition in a department becomes available, the position shall be offered to a suitable candidate from the following categories, in the following order. Upon recommendation Suitable is defined here as meeting the minimum requirements for the position as determined in advance, by the Department Chair, and after a department in consultation with the ▇▇▇▇’▇ review based on such factors as performance. (i) Laid off with reappointment rights, need for according to the individual’s servicesprovisions of clause 3.04 (b) (ii) Employees with part-time continuing appointments, availability in the same department, according to the provisions of funding, and ongoing maintenance of licensure/certification Clause 1.04(c). (when required by respective accrediting and governance bodies), iii) (a) Term employees in the ▇▇▇▇ determines whether same department who have met the non-tenure-track faculty member should be offered conditions necessary to convert to a continuing appointment. In the case of a positive decision, the administration will extend an offer of continuing appointment at 50% or more time. In the case of a negative decision, the ▇▇▇▇ will give the non-tenure-track faculty member written notice of non-reappointment contract as described in accordance with the chart in 21.9.1. The terms of Article 21.9.2 shall not apply to spousal appointments that are effective on or after September 1, 2009, to whom this provision shall apply after six rather than three years of continuous full-time equivalent service.1.04 (d)

Continuing Appointments. Continuing appointment is defined as appointment with no end date, unless just cause for termination exists or the ▇▇▇▇ determines that the work performed by the individual will not be performed in the college/school by a non-tenure- track tenure -track faculty member. a. Reappointments before continuing appointment is achieved shall be at the discretion of the ▇▇▇▇ (upon recommendation of the Department Chair), who shall consider such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies). Non-reappointment during this same time period shall not be grievable9.1. Any reappointment made after the faculty member reaches the service mark ▇▇▇▇ specified in 21.9.2.b shall be a continuing appointment as specified in this section, except where 21.9.1.g applies21. b. 9.1. g applies. Upon completion of three years of continuous full-time-equivalent service at 50% time or more, with no more than two (2) semesters at less than half time and no more than one semester at zero time, NTT faculty shall become eligible for reappointment to continuing appointments with no termination date. Full-time non-tenure-track tenure -track faculty members on one-semester appointments, for example, shall be deemed to have met the three-year service threshold after six semesters of appointments. appointments during which there are no breaks in service of more than one semester at a time.. Periods of either authorized leave or professional development leave (as described in 21.13.4) shall not count as breaks in FTE service towards continuing appointment but shall not accrue FTE service towards continuing appointment. Upon recommendation by the Department Chair, and after a ▇▇▇▇’▇ review based on such factors as performance, need for the individual’s services, availability of funding, and ongoing maintenance of licensure/certification (when required by respective accrediting and governance bodies), the ▇▇▇▇ determines whether the non-tenure-track faculty member should be offered a continuing appointment. In the case of a positive decision, the administration will extend an offer of continuing appointment at 50% or more time. In the case of a negative decision, the ▇▇▇▇ will give the non-tenure-track faculty member written notice of non-reappointment in accordance with the chart in 21.9.1. The terms of Article 21.9.2 shall not apply to spousal appointments that are effective on or after September 1, 2009, to whom this provision shall apply after six rather than three years of continuous full-time equivalent service.