Complete Current Contract (online)

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DRAFT-FINAL-COMPLETE-TAUP-TU-CONTRACT-2019-2023.pdf

PREAMBLE
Temple and TAUP endorse the following:

This Agreement, which is between Temple and TAUP, representing faculty, academic professionals and librarians, seeks to further academic excellence, assure fair and reasonable conditions of employment, and promote procedures for peaceful solution of disputes.

The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.

The teacher is entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.
The college or university teacher is a citizen, a member of a learned profession and an academic leader in an educational institution. When they speak or write as a citizen, they should be free from institutional censorship or discipline; but their special position in the community imposes special obligations. As a scholar and an academic leader, they should remember that the public may judge their profession and their institution by their utterances. Hence, they 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 they are not speaking for the institution.

The parties agree that Academic Freedom as described in the Preamble shall apply to the adjunct faculty only in performance of their assigned duties at Temple University as explicitly stated in the terms of their current appointment. In speaking and writing outside the university, a faculty member shall not attribute their personal views as those of the university unless expressly authorized in writing by the university to do so.

ARTICLE 1
RECOGNITION

A. Temple recognizes TAUP, pursuant to the final certification of the Pennsylvania Labor Relations Board of July 5, 1973 in Case Nos. PERA-R-1123-E and PERA-R-1137-E, as amended in Case No. PERA-U-87-266-E (PERA-R-1123-E) of July 14, 1987, as amended in Case No. PERA-U-90-265-E (PERA-R-1123-E) of May 20, 1990, as amended in the Case No. PERA-U-12-332-E (PERA-R-1123-E) of April 21, 2015, as amended in Case No. PERA R-14-400-E (PERA-R-1123-E) of December 8, 2015, as the exclusive collective bargaining representative of the employees of Temple University in the unit described below for the purpose of negotiating with respect to wage, hours, and other terms and conditions of employment.

B. All full-time faculty, employed at Temple University, full-time professional librarians on the Charles Library budget or in other colleges and schools included in the bargaining unit, and non-faculty academic professionals as defined in Article 19 of this Agreement. Excluded from the bargaining unit: Deans, Associate Deans, Assistant Deans, members of the faculty as well as librarians and support professionals serving outside the continental United States, the School of Medicine, the James E. Beasley School of Law, the School of Dentistry and Hospital of Temple University, and the School of Podiatric Medicine of Temple University, and all other non-faculty and professional employees, including teaching associates and graduate assistants, computer activity personnel and management, supervisors, and first-level supervisors and confidential employees as defined in Act 195.

C. The bargaining unit shall include all part-time faculty on payroll in adjunct faculty classifications during any full or partial semester provided that:

1. The individual has primary responsibilities for classes or labs bearing a total of 2 credits or more or performs research or provides instruction to students as artist-in-residence or clinical adjunct faculty for 10 hours per week or more; and

2. The individual has had primary responsibilities for classes or labs bearing a total of 2 credits or more or performs research or provides instruction to students as artist-in-residence or clinical adjunct faculty for 10 hours per week or more in at least one full or partial semester in the immediately preceding 3 semesters.

All adjunct faculty members on payroll in a summer session and meeting criteria 1 and 2 above shall be included in the bargaining unit.

All adjunct faculty on payroll who were full-time TU employees in the TAUP bargaining unit within the 3 immediately preceding semesters and meeting criterion 1 above shall be included in the bargaining unit.

All adjunct faculty members who have not worked within the 4 immediately preceding Fall or Spring semesters must re-establish eligibility.

ARTICLE 2
DEFINITIONS

A. University: Temple University – Of the Commonwealth System of Higher Education.

B. Temple: The Board of Trustees, President and university Officers, Deans, Department Chairs and such other supervisors and managerial personnel as defined in the Public Employe Relations Act 195.

C. Board of Trustees: The Board of Trustees of Temple University – Of the Commonwealth System of Higher Education.

D. President: The President of Temple University – Of the Commonwealth System of Higher Education.

E. College or School and Division: The terms are interchangeable and refer to the colleges and schools and division now included in the TAUP bargaining unit, namely:
Art and Architecture, Tyler School of
Business and Management, Fox School of
Education, College of
Engineering, College of
Liberal Arts, College of
Media and Communications, School of
Music and Dance, Esther Boyer College of
Pharmacy, School of
Public Health, College of
Science and Technology, College of
Social Work, School of
Theater and Film and Media Arts, Division of
Tourism and Hospitality Management, School of

F. Dean: The chief executive officer of each College or School of Temple University.

G. TAUP: The Temple Association of University Professionals, American Federation of Teachers, Local #4531, AFL-CIO.

H. Members of the Bargaining Unit: Faculty, librarians, and academic professionals represented by TAUP for purposes of collective bargaining.

I. Department Chair: A faculty member who is the designated head of an academic department or degree-granting program.

J. Faculty: All employees of Temple University in a faculty classification (such as, but not limited to, faculty who are tenured or on the tenure-track, Research Faculty, Clinician Educator Faculty, Practice Faculty, Teaching/Instruction Faculty, Adjunct Faculty) in a College or School included in the bargaining unit.

K. Tenured and Tenure-Track Faculty: All faculty who are tenured or by the terms of their appointment by the President are eligible for tenure.

L. Nontenure-Track Faculty: All full-time faculty who are classified as Lecturers, Researchers, Practice Faculty, Teaching/Instructional Faculty or Clinician Educators.

M. Adjunct Faculty: All part time faculty who are classified as adjuncts, artists-in-residence or clinical adjunct faculty as defined in Article 1.C.

N. Librarians: All full-time professional librarians functioning primarily as librarians, on the Charles Library budget or in a College or School included in the bargaining unit.

O. Academic Professionals: Full-time employees whose work is necessary or adjunct to the teaching of students or to research functions of the university.

P. Gender: To maintain equity in referring to gender identity, “they” and “their” will be used in this Agreement to refer to individuals of any gender. It shall import the plural whenever applicable but a distinction between singular and plural will be made if necessary to clarify the intention of the language.

Q. Designated university officer/administrative officer: Any Temple administrative employee designated by the President.

ARTICLE 3
NO DISCRIMINATION

Neither Temple nor TAUP shall discriminate against or in favor of any employee because of race, color, creed, marital status, sexual orientation, national origin, political belief, political affiliation, sex, age, TAUP membership or non-membership. Neither party shall discriminate against an individual with a disability who, with reasonable accommodation, can perform the essential functions of the job or activity in question. Before filing any grievance alleging a violation of this Article, TAUP shall inform the individual of the university processes for handling complaints of discrimination and encourage the individual to take advantage of those processes. If the individual takes advantage of the university’s internal complaint procedures, the grievance will be held in abeyance pending the conclusion of the internal complaint procedure.

ARTICLE 4
AFFIRMATIVE ACTION

A. Temple and TAUP agree to cooperate in the implementation of the Affirmative Action Program. It is understood that, consistent with Article 5, Rights of Temple, the Affirmative Action Policy, its substance and implementation is the sole responsibility of Temple and not subject to collective bargaining.

B. Temple and TAUP agree to establish a joint committee to discuss diversity related issues pertaining to all members of the bargaining unit. Upon request, the university will share relevant and available data regarding demographics and general hiring practices.

ARTICLE 5
RIGHTS OF TEMPLE

A. Nothing contained herein shall limit or be construed to limit the powers, rights and authority of the Board of Trustees of the university for the entire management, control and conduct of the instructional, administrative and financial affairs of the university pursuant to the Temple University – Commonwealth Act, 24 P.S. §2510-1 et seq.

B. In accordance with the rights established by Act 195, the university shall not be required to bargain over matters of inherent managerial policy, which shall include but shall not be limited to such areas of discretion or policy as the functions and programs of the university, standards of services, its overall budget, utilization of technology, the organizational structure, and selection and direction of personnel.

C. The management, administration and control of the university’s operations, programs, activities, mission and resources, and the direction of its working forces including, but not limited to, the right to plan, direct and control all duties and functions performed by members of the bargaining unit herein involved; the right to hire, discipline or discharge employees for cause, to transfer, promote or relieve employees from duty because of lack of work or other reasons; the maintenance of discipline, order and efficiency; the right to establish, revise, maintain and enforce reasonable work standards and schedules; to make from time to time and enforce reasonable work rules; to introduce new work methods and facilities; to subcontract all or any portion of its operation (provided that if the university proposes to subcontract bargaining unit work, TAUP is given the opportunity to meet and discuss the proposed subcontracting, which discussions shall be concluded within thirty (30) working days following the initial notice to TAUP) and to change or eliminate existing methods whether or not the same causes any reduction in the working force; or to reorganize or combine operations with any consequent reduction or other changes in the working force, is vested exclusively in the university, provided that this section will not be used for the purpose of discriminating against any employee on account of membership in the bargaining unit.

D. The above enumeration of management rights is not exhaustive and does not exclude other management rights not specified herein, nor shall the exercise or non-exercise of rights constitute a waiver of such rights by the university. The parties recognize that none of the management rights enumerated above or any other management rights shall be subjects of bargaining or grievances.

E. The rights of management are limited only as expressly limited by the language of this agreement, notwithstanding (or without regard to) any practices or customs that may now or in the future exist.

F. The enumeration of certain rights and privileges of faculty members in this Agreement shall not be construed to deny or diminish the existing rights, privileges, and responsibilities of faculty members to participate in the formulation and recommendation of educational policy within the university and its schools and colleges, as approved by Temple and its Board of Trustees.

ARTICLE 6
RIGHTS OF TAUP

A. TAUP shall have reasonable access to university premises upon application to, and approval from, the appropriate Temple authority on the same basis as granted to any other non-student groups within Temple for the purpose of administering this Agreement.

B. TAUP shall have the right to post official TAUP communications on one (1) approved bulletin board in the principal faculty office building of each College or School in the Bargaining Unit. TAUP shall have the right to use at no cost the campus mail and mailboxes for distribution of its official communications.

C. Temple shall make available to TAUP, upon reasonable notice, information and data concerning the wages, hours, and terms and conditions of employment of members of the bargaining unit including, but not limited to, the following:

1. Salary and seniority information for all members of the bargaining unit including name, salary, department, college, rank, date of promotion to present rank, date of tenure, and mode of payment (fiscal 12, academic 10, academic 12). Such information shall be supplied at least annually on November 1 (based on the September payroll).

2. Benefits information for members of the bargaining unit, including the numbers of members participating in each benefit and the total level of participation by members of the bargaining unit.

3. The university shall make available to TAUP, upon reasonable notice, the following additional information for adjunct faculty members in the bargaining unit, when available:

a. Gender, TU employee #, TU email, TU phone, DOB, date of initial hire (if available), date of current appointment, rank, semester salary, race, home address and phone. TAUP understands that certain of the preceding information will be provided only if supplied by the employee. Such information shall be supplied on October 1 (based on the Fall Semester payroll), on March 1 (based on the Spring Semester payroll), and June 1 (based on the Summer Semester payroll).

b. Credit hours taught, basis of pay (e.g., per credit hour, number of students or other), and last semester worked prior to the current semester.

D. Temple shall reproduce and provide 3,000 copies of this Agreement to TAUP within sixty (60) days following ratification of the Agreement. The cost of such reproduction shall be borne equally by the parties.

E. TAUP shall have the right to use the duplicating services at the established standard rate.

F. Temple shall allow reasonable time for librarians and academic professionals for the processing of their grievances during normal working hours.

G. Participation in TAUP Activities

1. Since TAUP has historically been a professional organization, participation in TAUP activities is eligible for consideration when making personnel-related decisions.

H. Temple shall provide Charles Library with at least one copy of the detailed computerized version of the Temple budget (presently referred to as the B2 budget) as well as the overall final budget for each year and the breakdown of income for each year as soon as each is available.

I. Temple shall list the address, two TAUP telephone numbers, and the email address for the local office in both the printed and on-line (electronic version) of the university’s Telephone Directory.

ARTICLE 7
DEDUCTION OF DUES

A. Temple, subject to any applicable law, shall deduct from the salary of any bargaining unit member who authorizes such deduction, TAUP established monthly dues as certified by TAUP. Any such employee wishing to begin dues deduction shall submit a properly completed authorization card to TAUP, the original of which will be forwarded to Temple’s Department of Human Resources.

B. A facsimile of the authorization card to be used for the deduction shall be as follows:
To Temple University:

I, the undersigned, a member of the TAUP bargaining unit, authorize Temple to deduct all dues payments authorized by the TAUP Constitution and Bylaws from my salary and to remit the amounts so deducted to TAUP.

This authorization will remain in full force and effect until revoked by me, in writing, by providing written instruction to cease payroll deductions to Temple’s Human Resources Department, with a copy to TAUP, during the first fifteen (15) days of October in any calendar year.
NAME: EMPLOYEE #
COLLEGE: DEPARTMENT:
SIGNATURE: DATE:

C. Within 15 days after the close of any payroll period, Temple shall forward to TAUP (1) the dues deducted in the last payroll period and (2) a list showing the names of bargaining unit members who authorized such deductions and the amounts deducted.

D. TAUP shall defend, indemnify, and save harmless Temple, and its employees, from any and all liability, costs, and expenses (including attorney’s fees) arising as a result of the deduction of TAUP dues and fees.

ARTICLE 8
GRIEVANCE PROCEDURE

A. Temple and TAUP agree that they will use their best efforts to encourage the informal and prompt settlement of grievances. In the event a grievance may arise between Temple and TAUP, involving the interpretation and application of this Agreement, a grievance procedure is described below for the orderly resolution of such grievances. TAUP shall be notified in advance and shall have the right to be present at meetings specified in all steps. The grievant shall have the right of TAUP representation, or may be self-represented.

B. Full-Time Grievance Procedure

1. Step 1. Within twenty (20) working days after the grievance occurs or after the grievance should have been known, it shall be presented informally in writing to the Dean, * with copies to the Provost and TAUP. The Dean shall discuss and answer the informal presentation in writing within fifteen (15) working days after receiving the grievance, with copies to the Provost, the Human Resources Department, and TAUP.

2. Step 2. A dispute unresolved in Step 1 may be presented in writing to the Provost or other designated university officer within ten (10) working days of the grievant’s receipt of the response or lack thereof in Step 1.

C. Adjunct Faculty Grievance Procedure.

1. Step 1. Within twenty (20) business days or 28 calendar days, whichever is shorter after the grievance occurs or after the grievance should have been known, it shall be presented in writing to the Chair, with copies to the Dean and TAUP. The Chair shall discuss and answer the informal presentation in writing within five (5) business days after receiving the grievance, with copies to the Dean, Human Resources and TAUP.

2. Step 2. A dispute unresolved in Step 1 may then be presented in writing to the Dean or other designated university officer within five (5) business days of the grievant’s receipt of the response or lack thereof in Step 1. A grievance so presented in Step 2 shall be answered by Temple in writing within ten (10) business days after its presentation.

D. Grievance Hearing Process

1. When a Step 2 grievance is filed, either party may request a fact finding meeting with Human Resources prior to the university issuing a response. The meeting will occur no later than fourteen (14) business days from the presentation of the Step 2 grievance. Such grievance will be answered by Temple in writing by twenty (20) working days after its presentation or ten (10) working days after the meeting occurs, whichever is later.

2. Failure on the part of Temple to answer a grievance at any step within the specified time limits shall not be deemed acquiescence thereto and the grievant or TAUP may proceed to the next step. If the failure to respond occurs at Step 2, the arbitration provisions of this Agreement may be utilized. Failure by the grievant to appeal to the next step within the specified time limit shall be deemed acceptance of the decision rendered at that step.

3. A grievance on behalf of Temple may be presented initially at Step 2 by notice in writing addressed to TAUP at its offices.

4. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, legal holidays, and Temple declared holidays.

5. A grievance which affects two (2) or more employees may initially be presented at Step 2 by TAUP. The grievance shall then be processed in accordance with the grievance procedure.

6. The parties may mutually agree in writing to suspend the time limits.

ARTICLE 9
ARBITRATION

A. The language used in this Agreement shall be binding upon the arbitrator. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms or provisions of this Agreement.

B. The decision of the arbitrator shall be final and binding.

C. The costs of arbitration shall be shared equally by Temple and TAUP. Such costs shall be limited to the Arbitrator’s fee and expenses and the charges of the American Arbitration Association.

D. A grievance on behalf of full-time employees which has not been resolved may within twenty (20) working days after completion of the final step of the grievance procedure be referred to the American Arbitration Association for resolution under the Voluntary Labor Arbitration Rules then in force of the American Arbitration Association.

E. The parties agree that in some instances it is in their respective best interests to expedite certain grievances involving full-time employees that are submitted to arbitration. Either Temple or TAUP may request expedited arbitration. In an expedited arbitration hearing, upon request by either party, the American Arbitration Association shall be asked to appoint, within ten (10) business days from such request, an arbitrator, who will then hear the case within four (4) weeks of appointment and render an Award and Opinion not later than four (4) weeks after the close of the hearing.
The following provisions apply specifically to adjunct faculty:

F. A grievance filed by an adjunct which has not been resolved within ten (10) working days after completion of the final step of the grievance procedure shall be referred to the American Arbitration Association for resolution under the Voluntary Labor Arbitration Rules then in force of the American Arbitration Association.
The parties agree that it is in their respective best interests to submit adjunct grievances to expedited arbitration. In cases of class actions or contract interpretation, if either side requests, the expedited procedure may be waived and the usual process and timeline for arbitration in Article 9, Section A will be used. Absent mutual agreement, expedited arbitration will be used in cases involving discipline.

The parties will meet with the American Arbitration Association to select a panel of three (3) arbitrators to hear adjunct cases. The arbitrators will be assigned in rotation to hear cases, with due consideration of their availability when the demand for arbitration is filed. The parties shall agree to an alphabetic list of their names from one to three. A grievance shall be assigned to the arbitrator listed first, and after the grievance shall be assigned to the arbitrator on the list immediately below the last arbitrator to whom a grievance was assigned.

An arbitrator will hear the case within four (4) weeks of appointment and render an Award and Opinion not later than four (4) weeks after the close of the hearing. Arbitrations shall be scheduled by conference call with the arbitrator.

The panel as originally constituted shall continue in effect from calendar year to calendar year unless:
a. An arbitrator resigns from the panel;
b. An arbitrator dies;
c. An arbitrator is removed by agreement of the parties; or
d. One party gives notice to the other party that a panel member is unacceptable for renewal no later than November 1 of any year. Removal shall be effective as of January 1 of the year after which notice is given.

A vacancy on the panel shall be filled by agreement of the parties within 30 days after the vacancy occurs.
With the agreement of both parties, the usual process and timeline for arbitration in Article 9, Section D will be used in lieu of the expedited process above.

ARTICLE 10
NO STRIKE/NO LOCKOUT

A. During this Agreement, TAUP, its officers, agents, representatives and members, shall not in any way, directly or indirectly, authorize, assist, encourage, participate in, condone, or sanction any strike, sit-down, slow-down, cessation, stoppage or picketing, where the object of such picketing is to cause any employee of Temple University to strike, slow-down, cease, stop or interrupt their work or otherwise boycott, or otherwise interfere with the operations of Temple University or to cause an employee to strike, slow-down, cease providing services to, or interrupt or interfere with the operations of Temple University or any other Temple-affiliated health care entity or provider, or any other educational institution or other Temple facility.

B. TAUP, its officers, agents, representatives and members, shall not in any way, directly or indirectly, authorize, assist, encourage, participate in, condone, or sanction any picketing (as defined in Section A) strike, sit-down, slow-down, cessation, stoppage or interruption of work, boycott or otherwise interfere with the operations of Temple University or any Temple-affiliated health care entity or provider, or any other educational institution or other Temple facility, where such picketing, strike, sit-down, slow-down, cessation or stoppage or interruption of work, boycott or interference with the operations is in violation of a collective bargaining agreement covering the employees of the other Temple facility or is otherwise illegal.

C. In addition to any other liability, remedy or right provided by applicable law or statute, should a picket (as defined in Section A), strike, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of Temple University or any Temple-affiliated health care entity or provider, or any other educational institution or other Temple facility during the term of this Agreement occur, TAUP, within twenty-four (24) hours of a request by Temple University, shall:

1. Publicly disavow such action by the TAUP Bargaining Unit Members.
2. Advise Temple’s Human Resources Department in writing that such action by the TAUP Bargaining Unit Members has not been called or sanctioned by TAUP.
3. Notify the TAUP Bargaining Unit Members of its disapproval of such action and instruct such TAUP Bargaining Unit Members to cease such action and return to work immediately.
4. Post notices at the bulletin board described in Article 6, Section B advising that it disapproves of such action and instructing the TAUP Bargaining Unit Members to return to work immediately.

D. Temple will not lock out TAUP Bargaining Unit Members during the term of this Agreement.

ARTICLE 11
USE OF STUDENT FEEDBACK FORMS

Student Feedback Forms (SFFs) shall not be used as the sole criterion and shall not be used as the primary criterion for evaluating faculty for hiring, re-appointment, termination or any other personnel decision. In cases of discipline, the university may decide at its sole discretion to use the SFFs as the primary or sole basis for initiating the disciplinary process as articulated in Article 13.

ARTICLE 12
PROMOTION AND TENURE STANDARDS AND PROCEDURES FOR TENURE-TRACK FACULTY

A. The following standards shall apply to applications for promotion and tenure by members of the faculty.

1. Tenure-track faculty members are eligible to apply for promotion and/or tenure at any time.

B. Promotion Standards

1. Consideration for promotion shall be based primarily on outstanding performance and continuing promise of outstanding performance as a faculty member. Teaching/instruction and research/scholarship/creative activity shall be primary in this evaluation. University service, service to the profession/discipline, and discipline-based community service shall be secondary. The standard of outstanding performance shall be informed by standards for promotion to the same rank at other national research universities appropriate to the discipline under consideration. Promotion to any rank, thus, is a recognition of past performance and an assessment that the faculty member is capable of greater responsibilities and accomplishments. Personal and professional integrity are assumed. The ultimate goal of all promotions is to build the best possible faculty for the university.

C. Promotion Procedures

1. Levels of review for promotion shall include in consecutive order: a departmental committee; the Department Chair; a College or School committee, where one exists; the Dean; University Tenure and Promotion Committee A (Humanities and the Arts), University Tenure and Promotion Committee B (Sciences, Life Sciences and Engineering) or University Tenure and Promotion Committee C (Social Sciences, Business and Law); and the Provost. Recommendations for promotion are made to the President, who has the authority to promote faculty.

2. University Tenure and Promotion Committees A and B shall report to the Provost or other designated university officer, and shall be composed of at least six (6) members each, as follows: At least three (3) shall be faculty members from the TAUP bargaining unit selected by the Faculty Senate; at least three (3) shall be faculty members from the TAUP bargaining unit selected by the Provost, except that in the Provost’s discretion one of those individuals may be an administrator with faculty rank in the schools and colleges eligible to participate in the University Tenure and Promotion Committees.

3. University Tenure and Promotion Committee C shall report to the Provost or other designated university officer, and also shall be composed of at least six (6) members, as follows: At least three (3) shall be faculty members from the TAUP bargaining unit or the Law School faculty selected by the Faculty Senate; at least three (3) shall be faculty members from the TAUP bargaining unit or the Law School faculty selected by the Provost, except that in the Provost’s discretion, one of those individuals may be an administrator with faculty rank in the schools and colleges eligible to participate in the University Tenure and Promotion Committee.

a. Committee votes will be conducted by secret ballot. Individuals serving on University Tenure and Promotion Committee A, B or C shall serve two (2) year terms, with a staggered rotation to assure that half of such members continue on University Tenure and Promotion Committee A, B or C each year. No more than two (2) faculty members from any one department, college or school may serve at any one time.

b. The Provost or their designee will serve only in an administrative capacity for University Tenure and Promotion Committee A, B and C. In their administrative role for University Tenure and Promotion Committee A, B or C, the Senior Vice Provost for Faculty or their designee shall post all memoranda of transmittal or of referral if applicable, schedule all meetings, choose the Provost’s appointees to the committee, and provide relevant information to University Tenure and Promotion Committee A, B or C on procedural issues and applicable standards as set forth in this agreement, the Presidential guidelines on Tenure and Promotion, and any College, School or departmental guidelines as applicable. The Senior Vice Provost for Faculty will not vote, nor will they provide any substantive review of the candidate at University Tenure and Promotion Committee A, B or C. The Senior Vice Provost for Faculty shall advise University Tenure and Promotion Committee A, B or C that the Senior Vice Provost for Faculty is not permitted by contract to provide to University Tenure and Promotion Committee A, B or C substantive evaluation of any candidate. Nothing in this provision prohibits the Senior Vice Provost for Faculty’s advising the Provost or otherwise performing duties as requested by the Provost.

4. Eligibility to Serve on Promotion Committees

a. Only individuals holding tenure at Temple are eligible to serve on promotion committees. Only individuals holding the rank of Professor at Temple may serve as Faculty Senate representatives on University Tenure and Promotion Committee A, B or C or participate in committee deliberations regarding the promotion of a faculty member to the rank of Professor. A faculty member is only eligible to be present, participate in deliberations or vote at one (1) of the following levels of the promotion process: as a member of a departmental committee; as a Department Chair, as a member of the College or School committee; or as a member of University Tenure and Promotion Committee A, B or C. Individuals being considered for promotion are ineligible to participate in deliberations regarding promotions in the year in which their candidacy is being considered. This restriction does not preclude the Chair from introducing the candidate’s dossier to the department committee, the school or college committee, or to University Tenure and Promotion Committee A, B or C and/or asking or answering questions about the candidate for promotion or tenure and/or discussing the selection of the candidate’s outside evaluators. Except for these purposes the Chair may not be present or otherwise participate in deliberations or voting. The chair cannot make or announce their recommendation with respect to tenure and/or promotion for a candidate until after receiving the department committee’s memorandum of transmittal.

b. A chair may sit on a departmental committee only for the purposes given above. When a chair sits on a school or college promotion and tenure committee or on University Tenure and Promotion Committee A, B, or C, and a candidate from the Chair’s department for tenure or promotion is to be evaluated by that committee, the Chair must recuse themselves for that case, i.e., may not act in an official role, be present when the committee(s) discuss the candidate’s qualifications for tenure or promotion, except to answer questions as above, or otherwise vote on the committee’s recommendation regarding the candidate from the Chair’s department.

c. At the committee departmental level, in addition to student feedback forms, each department will solicit student input on Tenure and Promotions decisions.

5. Selection of Departmental and College Promotion Committees

a. All departmental and College or School promotion committees must be comprised of at least three (3) faculty members. If a department or College or School has fewer than three (3) faculty members eligible to serve on the department or College or School committee, the Dean may appoint additional persons to serve following consultation with the executive committee, dean’s advisory committee, or equivalent body in the College or School. Administrators are not eligible to serve on these committees. Should the Dean appoint additional persons from outside the Department or School or College, the Dean shall notify the candidates and the school or college committee in writing as to who has been appointed. Such notice will take place prior to any review, deliberation or action by the promotion committee with respect to that individual or individuals.

b. Only individuals who hold tenure-track appointments or who are tenured may participate in the selection of the faculty members of departmental and College or School promotion committees or nominees for University Tenure and Promotion Committee A, B or C.

c. A department or College or School shall not be precluded from providing in its bylaws that the same committee shall serve as the promotion committee and the tenure committee.

6. Independent External Evaluations of Candidates for Promotion

a. Assessment of the credentials of the candidate shall include written letters of evaluation from individuals from outside the university who are qualified to assess the credentials of the candidate for promotion. A preponderance of these letters shall be obtained from persons who have not worked or collaborated with the candidate. A candidate for promotion and the departmental promotion committee shall each separately submit lists to the Dean that contain the names and professional affiliations of persons whom they recommend to be external evaluators. After review of these recommendations, the Dean may, in their discretion, add additional evaluators to the lists. All external evaluation letters received shall be part of the individual’s dossier. Any changes to the requirements for tenure candidates including changes in the number and composition of reviewers in the upcoming academic year will be posted to the Vice Provost for Faculty Affairs’ website no later than the first day of the spring semester of the year in which the candidate will stand for promotion.

7. Documentation of Recommendations Related to Promotion and Tenure

a. At each level of review, recommendations for promotion and tenure are to be made separately. Each recommendation shall provide an evaluation for teaching/instruction, for research/scholarship/creative activity and for service. These evaluations, along with the votes and reports of the department, College or School, and University Tenure and Promotion Committee A, B or C, and the recommendations of the Department Chair, the Dean and the Provost or other designated university officer, shall be recorded on a memorandum of transmittal. At each step during consideration for promotion, candidates shall receive copies of the memoranda of transmittal when they are forwarded by the Department Committee, Chair, College or School Committee, Dean, University Tenure and Promotion Committee A, B or C and the Provost or other designated university officer.

8. Sequence for Promotion Evaluation Process

a. At each level of review, the candidate shall have the opportunity to communicate in writing to the individual or committee receiving the letter of transmittal from the previous level, to provide their perspective on the previous level’s review and recommendation. Except in cases in which good cause is shown, the candidate must provide any such communication to the individual or committee within ten (10) days of the date of the relevant transmittal.

b. Initial consideration of promotion cases shall be at the departmental level through a departmental committee. The departmental committee shall report its recommendations to the Department Chair.

c. Following action by the departmental committee, the Department Chair shall:
(i) Make an independent recommendation on each promotion case and communicate this recommendation to the departmental committee.
(ii) Inform the individual faculty member of the Department Chair’s and departmental recommendation.
(iii) Transmit all recommendations of the departmental committee and the Department Chair to the College or School level for consideration.

d. Promotion decisions are next considered by an appropriate College or School committee having responsibility for promotion matters and by the Dean.

e. Following consideration at the College or School level, the Dean shall:
(i) Make an independent recommendation on each promotion case and communicate this recommendation to the appropriate committee of the College or School.
(ii) Inform the individual faculty member of the Dean’s and the college’s recommendation.
(iii) Transmit all recommendations to the Provost or other designated university officer.

f. On receipt of the recommendations on promotion from the Deans, the Office of the Provost shall submit all materials relating to promotion to University Tenure and Promotion Committee A, B or C for review and recommendation. University Tenure and Promotion Committee A, B or C, as appropriate, shall forward its recommendation to the Provost. Following receipt of recommendations by University Tenure and Promotion Committee A, B or C, the Provost or other designated university officer shall separately make a recommendation.

g. All such recommendations on promotion shall be forwarded by the Provost to the President for their review and action.

h. All those who have been formally considered shall be informed by the President whether they have been granted promotion.

i. Any faculty member who believes that their procedural rights pertaining to the promotion evaluation process have been denied may present a complaint to the Faculty Senate Personnel Committee. In the event promotion is denied, both parties will endeavor to have any appeals processed in an expeditious manner. The Faculty Senate Personnel Committee shall, within ninety (90) days of the filing of an appeal, forward its recommendations to the candidate and to the President or their designee.

j. Should the Faculty Senate Personnel Committee fail to act within ninety (90) days, the President may, at their discretion, appoint a fact-finder who shall, within forty-five (45) days, forward their recommendations to the candidate and the President or their designee.

k. The President will reconsider the decision in light of the report of the Faculty Senate Personnel Committee or the fact-finder and make a final decision in the case. The President shall inform the candidate of their decision.

D. Tenure Standards

1. Unless a shorter period has been agreed upon in the letter of appointment, a faculty member on the tenure-track will have up to seven (7) years to earn tenure.

2. A faculty member on the tenure-track is required to be reviewed for tenure no later than the sixth year of their tenure-track probationary period, unless a shorter period is stated otherwise in the appointment letter. If rejected for tenure at the required time, the faculty member shall receive a one-year terminal appointment. A faculty member who is reviewed and rejected for tenure in the sixth (6th) year or in the final year stated in the letter of appointment may choose to be reviewed again in the following year, but will waive the right to appeal a negative decision to the Faculty Senate Personnel Committee, but may appeal on the grounds that proper procedures had not been followed, or that the non-discrimination provisions of this Agreement had not been followed, through an expedited grievance and arbitration procedure. Subject to the provisions of Section E.2.a below or Article 23, Section K7 and Article 23, Section BB3, in no case shall a tenure-track faculty member who has not been granted tenure serve for more than seven (7) years.

3. With due consideration to the academic needs of the department and/or College or School, consideration for tenure shall be based primarily on outstanding performance and continuing promise of outstanding performance as a faculty member. Teaching/instruction and research/scholarship/ creative activity shall be primary in this evaluation. University service, service to the profession/ discipline, and discipline-based community service shall be secondary. The standard of outstanding performance in research/scholarship/creative activity for tenure shall be informed by standards for tenure at other national research universities appropriate to the discipline under consideration. The award of tenure, thus, is a recognition of past performance and an assessment that the faculty member is capable of greater responsibilities and accomplishments throughout the period of their service as a member of the university faculty. Personal and professional integrity are assumed. The ultimate goal of all tenured appointments is to build the best possible faculty for the university.

E. Tenure Eligibility

1. All individuals who are appointed to a tenure-track faculty position are eligible to apply for tenure at any time, regardless of rank.

2. Rules applicable to all eligible faculty

a. If an individual has not been formally informed of being considered for tenure during the sixth year, when such consideration is mandatory, it shall be the responsibility of the individual to inform, in writing, by December 1st of that academic year, the Department Chair, Dean, and Provost or other designated university officer, that such tenure consideration is necessary. If both the university and the individual miscount the individual’s mandatory (sixth) year of eligibility for tenure consideration as set forth above, then the individual shall be considered for tenure as soon as possible following the discovery of such circumstance; and in the event of a negative decision, the individual shall be given a one-year terminal contract. The faculty member shall not be eligible to apply for tenure during the period of the one-year terminal contract.

b. Only individuals with probationary tenure-track appointments made by the President are eligible to be considered for tenure. Excluded, in addition to part-time personnel, are all individuals on an agreed-upon limited period of service, such as Visiting Faculty, Instructors, Clinical Faculty, Research Faculty, Practice Faculty, and Teaching/Instruction Faculty.

c. The only full-time faculty ranks eligible for tenure consideration shall be: Professors, Associate Professors, and Assistant Professors.

F. Review of Progress toward Tenure

1. In addition to any evaluation that may occur when appointments are renewed, faculty on the tenure-track shall be evaluated during their third probationary year with respect to their progress towards tenure. The evaluations shall be provided in writing to the tenure-track faculty member by the Dean of the School/College after consultation with the appropriate faculty committee(s) in the department and/or school/college. When improvement in performance is necessary the written evaluation should identify those specific areas that need to be remediated. The President will consider this evaluation when determining the term of subsequent appointments during the probationary period.

G. Tenure Procedures

1. Levels of review for tenure shall include in consecutive order: a departmental committee; the Department Chair; a College or School committee, where one exists; the Dean; University Tenure and Promotion Committee A, B or C; the Provost; and the President. Recommendations for tenure are made by the President to the Board of Trustees, which has sole authority to grant tenure.

2. Eligibility to Serve on Tenure Committees

a. Only individuals holding tenure at Temple are eligible to serve on tenure committees. Only individuals holding the rank of Professor at Temple may serve as Faculty Senate representatives on University Tenure and Promotion Committee A, B or C or participate in committee deliberations regarding the tenure of a faculty member at the rank of Professor. Faculty members are only eligible to be present, participate in deliberations or vote at one of the following levels of the tenure process: as a member of the departmental committee; as a Department Chair; as a member of the College or School committee; or, as a member of University Tenure and Promotion Committee A, B or C. This restriction does not preclude the Chair from introducing the candidate’s dossier to the department committee, the school or college committee, or to University Tenure and Promotion Committee A, B or C and/or asking or answering questions about the candidate for promotion or tenure and/or discussing the selection of the candidate’s outside evaluators. Except for these purposes, the Chair may not be present or otherwise participate in deliberations or voting. The chair cannot make or announce their recommendation with respect to tenure and/or promotion for a candidate until after receiving the department committee’s memorandum of transmittal.

b. A Chair may sit on a department committee only for the purposes given above. When a Chair sits on a school or college promotion and tenure committee or on University Tenure and Promotion Committee A, B or C and a candidate from the Chair’s department for tenure or promotion is to be evaluated by that committee, the Chair must recuse themselves for that case, i.e., may not act in an official role, be present when the committee(s) discuss(es) the candidate’s qualifications for tenure or promotion, except to answer questions as above, or otherwise vote on the committee’s recommendation regarding the candidate from the Chair’s department.

c. At the departmental committee level, in addition to student feedback forms, each department will solicit student input in Tenure and Promotion decisions.

3. Selection of Departmental and College or School Tenure Committees

a. All departmental and College or School tenure committees must be comprised of at least three (3) members. If a department or College or School has fewer than three (3) individuals eligible to serve on the departmental or College or School committee, the Dean may appoint additional persons to serve following consultation with the executive committee, dean’s advisory committee or equivalent body in the College or School. Administrators are not eligible to serve on these committees. Should the Dean appoint additional persons from outside the Department or School or College, the Dean shall notify the candidates and the school or college committee in writing as to who has been appointed. Such notice shall take place prior to any review, deliberation or action by the promotion committee with respect to that individual or individuals.

b. Only faculty who hold tenure-track appointments or who are tenured may participate in the selection of members of departmental and College or School tenure committees or nominees for University Tenure and Promotion Committee A, B or C.

c. A department or College or School shall not be precluded from providing in its bylaws that the same committee shall serve as the promotion committee and the tenure committee.

4. Independent External Evaluators of Candidates for Tenure

a. Assessment of the credentials of the candidate shall include written letters of evaluation from individuals from outside the university who are qualified to assess the credentials of the candidate for tenure. A preponderance of these letters shall be obtained from persons who have not worked or collaborated with the candidate. A candidate for tenure and the departmental tenure committee shall each separately submit lists to the Dean that contain the names and professional affiliations of persons whom they recommend to be external evaluators. After review of these recommendations, the Dean may, in their discretion, add additional evaluators to the lists. All external evaluation letters received shall be part of the individual’s dossier. Any changes to requirements for tenure candidates including changes in the number and composition of reviewers in the upcoming academic year will be posted to the Vice Provost for Faculty Affairs’ website no later than the first day of the Spring semester of the year in which the candidate will stand for tenure.

5. Documentation of Recommendations Related to Tenure

a. At each level of review, recommendations for promotion and tenure are to be made separately. Each recommendation shall provide an evaluation for teaching/instruction, research/scholarship/creative activity and for service. These ratings, along with the votes and reports of the department, College or School, and/or University Tenure and Promotion Committee A, B or C, and the recommendations of the Department Chair, the Dean and the Provost or other designated university officer, shall be recorded on a memorandum of transmittal. At each step during consideration for tenure, candidates shall receive copies of the memoranda of transmittal when they are forwarded by the Department Committee, Chair, College or School Committee, Dean, University Tenure and Promotion Committee A, B or C and the Provost or other designated university officer.

6. Sequence for Tenure Evaluation Process

b. Initial consideration of tenure cases shall be at the departmental level through a departmental committee. The departmental committee shall report its recommendations to the Department Chair.

c. Following action by the departmental committee, the Department Chair shall:
(i) Make an independent recommendation on each tenure case and communicate this recommendation to the departmental committee;
(ii) Inform the individual faculty member of the departmental and Chair’s recommendations;
(iii) Transmit all recommendations of the departmental committee and the Department Chair to the College or School level for consideration.

d. Tenure decisions are next considered by an appropriate College or School committee having responsibility for tenure matters and by the Dean.

e. Following consideration at the College or School level, the Dean has these responsibilities:
(i) To make an independent recommendation on each tenure case and to communicate this recommendation to the appropriate committee of the College or School;
(ii) To inform the individual faculty member of the college and the Dean’s recommendations;
(iii) To transmit all recommendations to the Provost or other designated university officer.

f. On receipt of the recommendations on tenure from the Deans, the Office of the Provost shall submit all materials relating to tenure in which all recommending agencies and individuals at prior levels have made a positive recommendation to the appropriate University Tenure and Promotion Committee for review and recommendation. University Tenure and Promotion Committee A, B or C, as appropriate, shall forward its recommendation to the Provost. Following recommendations by University Tenure and Promotion Committee A, B or C, the Provost or other designated university officer shall separately make a recommendation.

g. All such recommendations on tenure shall be forwarded by the Provost to the President for their review and recommendation to the Board of Trustees for their review and action.

h. All those who have been formally considered shall be informed by the President whether they have been granted tenure.

i. Where all committees and administrators who have considered a tenure application, as provided above, have recommended the award of tenure to a member of the faculty, and the President and/or the Board of Trustees shall reject such recommendations, they should do so only for compelling reasons, stated in detail to those committees and administrators who made the recommendations.

j. If recommendation for tenure is denied, an appeal on either substantive or procedural grounds may be presented by the faculty member to the Faculty Senate Personnel Committee. The Faculty Senate Personnel Committee shall forward its recommendations to the candidate and to the President or their designee within 120 days.

k. Should the Faculty Senate Personnel Committee fail to act within 120 days, the President may, at their discretion, appoint a fact-finder who shall, within forty-five (45) days, forward their recommendations to the candidate and the President or their designee.

l. The President shall reconsider the decision in light of the report of the Personnel Committee or the fact-finder. If the President then concludes to recommend tenure, they shall submit their recommendation for tenure to the Board of Trustees.

m. After a decision rejecting an application for tenure has been made, a candidate may utilize the grievance and arbitration provisions of this Agreement only on the grounds that proper procedures had not been followed or that the nondiscrimination provisions of this Agreement had been violated. If the arbitrator finds such violations, the matter will be referred back to University Tenure and Promotion Committee A, B or C, which will review the entire record in the case and make a recommendation to the President. If the President rejects the application for tenure, their decision is final and they shall give a statement of reasons for the decision. If the President concludes to recommend tenure, the President shall submit their recommendation to the Board of Trustees for its consideration. If the Board of Trustees rejects an application for tenure that has been recommended by University Tenure and Promotion Committee A, B or C on appeal, the Board’s decision is final and it shall give a statement of reasons for the decision.

H. Expedited Procedure for Tenure on Hire

1. With the approval of the Provost, individual cases of tenure on hire may be handled by an expedited procedure while still adhering to the same standards required for tenure. The expedited procedure shall be used only when it is logistically necessary.

2. In expedited cases, the hiring packet may be used for tenure consideration as well as hiring.

3. The requisite departmental and collegial review committees and individuals may operate out of the normal sequences, but shall make recommendations prior to the Deans, Provost and President. If there are not positive recommendations at each of the four levels, the expedited process will not be used.

4. All expedited tenure on hire cases will proceed sequentially thereafter to University Tenure and Promotion Committee A, B or C, the Provost, and the President for their review and recommendations.

ARTICLE 13
TERMINATION OF SERVICE OF FACULTY AND DISCIPLINE OF FACULTY FOR JUST CAUSE

A. Termination of service of a tenured faculty member or of an appointment of a tenure-track faculty member before the end of its specified term may be made only for retirement, just cause, or retrenchment.

B. Discipline/Dismissal of Tenured and Tenure-Track Faculty for Just Cause

1. As used in this Agreement, “dismissal” shall refer to the discharge of a tenured or tenure-track faculty member for just cause. Dismissals of tenured or tenure-track faculty for financial, programmatic or other administrative considerations are covered by Article 14 and are not covered by the following “Just Cause” provisions of this Agreement.

2. As used in this Agreement, “discipline” shall include, but is not limited to: written letter of reprimand; ineligibility for sabbaticals and professional development funds; and, suspensions without pay of varying lengths. Discipline shall not include oral reprimands or oral counseling, so long as no written record is kept in the faculty member’s official personnel file, nor shall it include performance evaluations; such matters are not grievable under this Agreement. When appropriate and justified, Temple may also require, as part of a disciplinary action, restitution, appropriate training or counseling, adjustment in assignments and responsibilities, or other remedial action.

3. As used in this Agreement, “just cause” means dereliction of duties, professional incompetence, grave misconduct or academic dishonesty or continued patterns of misconduct in cases of dismissal. For imposition of discipline other than dismissal, “just cause” may also include, but is not limited to, willful, repeated or serious violations of university policies, insubordination , or other serious breaches of professional conduct, regardless of whether such conduct amounts to dereliction of duties, professional incompetence, grave misconduct or academic dishonesty.

4. It is understood that in any case involving discipline or dismissal under this Article, Temple bears the burden of proving just cause for such action, and shall provide the faculty member with the evidence relied upon to support imposition of discipline at the earliest possible step in the discipline.

5. A faculty member may ask for, and shall have the right to have, a TAUP representative present whenever the faculty member is asked to participate in an investigatory interview which they reasonably believe may result in disciplinary action or dismissal.

6. All references to “days” in this Article shall mean “working days”.

7. The following procedures, which may be initiated by faculty, Department Chairpersons, Deans, the Provost or other designated university officers, or the President, shall govern cases seeking dismissal or a suspension without pay of a tenured faculty member for more than forty-five (45) days for just cause:

a. One or more personal conferences between the faculty member and appropriate administrative officers will occur for the purposes of fact-finding and discussing informal resolution. The faculty member may elect to have a TAUP representative present at these conferences. If an informal resolution is reached, the Dean or their designee will provide the faculty member with a memo detailing the discussion and agreed upon resolution. The faculty member may also provide a response to the Dean’s memo for clarification or if the faculty member disagrees with the resolution as stated in the memo. Such memos and replies will not normally be placed in the official personnel file.

b. If the matter is not resolved within fifteen (15) days, the Dean will notify the faculty member that the matter is being referred to a Faculty Responsibility Committee (FRC), or the Faculty Senate Personnel Committee (FSPC), in lieu of an FRC, for a brief investigation. When the FSPC investigates in lieu of the FRC, the FSPC has the same obligations and timelines. This notification will include the nature of the allegations being investigated. Upon receipt of the notification, the faculty member may forward a written statement or response to the allegations to the FRC. The FRC shall be constituted and function in accordance with the College’s By-Laws and shall conclude its work within fifteen (15) days of its creation by issuing a written report to the Dean with a copy to the President and faculty member. If additional time is needed, the FRC may request an extension.

c. Following the receipt of the report from the FRC (or the FSPC) or should the FRC or FSPC fail to issue a report within the fifteen (15) days, the Dean may refer the matter to the President who may, in the President’s discretion, either directly proceed with the initiation of formal disciplinary/dismissal proceedings enumerated in steps “d” – “g” below or appoint an independent investigating officer who is not currently an employee of the university to conduct a preliminary hearing and issue a report stating whether the charges against the faculty member are reasonably supported.

d. When the investigating officer issues a report pursuant to step “c” above, the President shall review the report and recommendation and supporting evidence, and initiate any such additional investigation as they deem appropriate. If the President determines that the preliminary evidence reasonably supports the charges of “just cause”, the President may initiate formal disciplinary/dismissal proceedings by formulation of a written statement of the charges and supporting evidence, even if the recommendation of the investigating officer is favorable to the faculty member. In the absence of extenuating circumstances, the President should complete their review and investigation, if any, and formulate their written statement within thirty (30) days of receipt of the report of the Faculty Senate Personnel Committee or investigating officer.

e. If the President initiates formal disciplinary/dismissal proceedings, the President shall provide the faculty member and the Faculty Senate Personnel Committee with a copy of the written statement, and also inform the faculty member that, if the faculty member requests, the faculty member shall be entitled to a hearing as set forth in sections “f” and “g” below. The President shall also advise the faculty member that failure to dispute the charges in accordance with Section 7. f. (iv) below shall indicate acceptance of dismissal/discipline in the President’s discretion.

f. Pre-hearing procedures shall be as follows:

(i) Within ten (10) days of receipt of the President’s written statement of charges, the faculty member shall provide a written response to the President as to whether they dispute the charges and request a hearing. If a hearing is requested, the Faculty Senate Personnel Committee shall select a hearing committee composed of five (5) persons. The hearing committee shall select its own chairperson.

(ii) The hearing committee chairperson shall notify the faculty member in writing of the date, time, place and procedure for the hearing, and a list of proposed committee members and
shall provide the faculty member with reasonable time, but in no event more than twenty (20) days, to prepare their defense. The faculty member shall have five (5) days to challenge any proposed member for cause, which means actual or reasonable perceived bias or conflict of interest with respect to the faculty member or the matters at issue. The President or other designated university officer shall rule on any such challenges, and their decision shall be final. If the President or other designated university officer sustains any challenges, the Faculty Senate Personnel Committee shall name substitute committee members, and the same challenge process shall be followed until five committee members are selected.

(iii) The faculty member may be represented by legal counsel of their own choosing at their own expense, or by another faculty member, in connection with the hearing. The faculty member shall also be entitled to have a TAUP representative present at the hearing.

(iv) No fewer than ten (10) days before the date set for the hearing, the faculty member shall respond in writing to the charges in the President’s written statement, and the faculty member and the university shall provide to each other through the committee chairperson a list of witnesses and documents they propose to introduce at the hearing, and a succinct summary of any testimony expected to be offered by such witnesses. The lists may be supplemented thereafter as necessary or desirable in the exercise of due diligence, provided that reasonable opportunity is given to the opposing party to respond, as determined by the committee chairperson.

g. Hearing procedures shall be as follows:

(i) Consideration of the written charges and the faculty member’s response.
(ii) Testimony of witnesses, if appropriate, and examination of documents and other pertinent evidence.
(iii) Each party, or the legal counsel or other representative of each party, shall be permitted to participate actively in the hearing proceedings, including a reasonable opportunity to confront and cross-examine witnesses.
(iv) The faculty member is permitted, but not required, to testify at the hearing. If the faculty member declines to testify or otherwise participate in the hearing, the committee should proceed on the basis of obtainable evidence.
(v) The hearing committee may, at its discretion, establish other rules or procedures for the conduct of the hearing consistent with paragraphs (i) through (iv) above.
(vi) Except in extenuating circumstances, the hearing should commence no more than sixty (60) days after the President provides the faculty member with a written statement of the charges.
(vii) Except in extenuating circumstances, the hearing should be concluded within fifteen (15) days after its commencement.
(viii) Following the hearing and its own deliberations, the hearing committee shall, within thirty (30) days, submit its written recommendation and reasons therefore to the President and the faculty member. If the hearing committee recommends against discipline/dismissal, the President may within thirty (30) days (except in extenuating circumstances) still discipline/dismiss the faculty member, but the faculty member may then utilizes the grievance (2nd step) and arbitration provisions of this Agreement. If the President imposes discipline more severe than that recommended by the hearing committee, the faculty member may then utilize the grievance (2nd step) and arbitration provisions of this Agreement. If the President accepts and imposes the discipline/dismissal recommended by the hearing committee, the President’s decision is final and the faculty member may not utilize the grievance (2nd step) and arbitration provisions of this Agreement, except to challenge the procedural regularity of the hearing.

C. In any case in which the university is seeking to impose as discipline anything other than dismissal, demotion in rank, or suspension without pay for greater than forty-five days (45), the following procedures shall be used:

1. One or more personal conferences between the faculty member and appropriate administrative officers will occur for the purposes of fact-finding and discussing informal resolution. The faculty member may elect to have a TAUP representative present at these conferences. If an informal resolution is reached, the Dean or their designee will provide the faculty member with a memo detailing the discussion and agreed upon resolution. The faculty member may also provide a response to the Dean’s memo for clarification or if they disagree with the resolution as stated in the memo. Such memos will not normally be placed in the official personnel file.

2. If the matter is not resolved, the Dean or designated university officer shall provide written notification to the faculty member that disciplinary action other than dismissal, demotion in rank or a suspension without pay for more than forty-five (45) days is being contemplated. Such statement shall include a summary of the basis for the contemplated action, and, when such basis includes allegations of violations of Temple policy or procedure, a reference to any such policy or procedure.

3. The faculty member shall be provided with an opportunity to formally respond to the allegations made by the Dean or designated university officer. Except in extenuating circumstances, such a response must be made within five (5) days of receipt of the notification.

4. Within seven (7) days following the receipt of the formal response, the Dean or designated university officer shall notify the faculty member by letter of the final action taken, with a copy to the TAUP representative and/or attorney, if any, who accompanied the faculty member to the meeting.

5. Upon receipt of the letter indicating the university’s final decision, the faculty member may exercise their rights under the grievance (Step 2) and arbitration sections of this Agreement.

D. Dismissal/Discipline of Nontenure-Track Faculty for Just Cause

1. Just cause is defined in section B.3 above.

2. One or more personal conferences between the faculty member and appropriate administrative officers will occur for the purposes of fact-finding and discussing informal resolution. The faculty member may elect to have a TAUP representative present at these conferences. If an informal resolution is reached, the Dean or their designee will provide the faculty member with a memo detailing the discussion and agreed upon resolution. The faculty member may also provide a response to the Dean’s memo for clarification or if they disagree with the resolution as stated in this memo. Such memos and replies will not normally be placed in the official personnel file.

3. If this fails to resolve the matter, there shall be a three-faculty member committee from the school or college, chosen by the Dean, for fact finding. They shall have ten (10) days in which to make their report. When the report is issued, the faculty member shall have five (5) days in which to respond to it. If no report is issued in 10 days and/or the faculty member does not respond within 5 days, the Dean may proceed with discipline. Such memos will not normally be placed in the official personnel file.

4. If this fails to resolve the matter, the faculty member may be dismissed/disciplined by Temple after consultation with the Department Chairperson.

5. A faculty member so dismissed/disciplined may utilize the grievance (Second Step) and arbitration provision of this Agreement.

E. Dismissal/Discipline of Adjunct Faculty for Just Cause.

1. Adjunct faculty will not be disciplined or terminated without just cause.

2. Just cause is defined in Section B.3.

3. In cases involving discipline and dismissal, Temple bears the burden of proof.

4. One or more personal conferences between the faculty member and appropriate administrative officers will occur for the purposes of fact-finding and discussing informal resolution. The faculty member may elect to have a TAUP representative present at these conferences. If an informal resolution is reached, the Dean or /their designee will provide the faculty member with a memo detailing the discussion and agreed-upon resolution. The faculty member may also provide a response to the Dean’s memo for clarification. Such memos and replies will not normally be placed in the personnel file.

5. If this fails to resolve the matter, the adjunct faculty member may be dismissed/disciplined by Temple.

6. An adjunct faculty member dismissed/disciplined in a manner that results in loss of pay as promised in their current appointment may utilize the grievance (Second Step) provision of
this Agreement.

7. An adjunct faculty member dismissed with no loss of pay may place a brief statement in their personnel file.

F. Expedited Procedure and Suspension Pending Resolution

1. Pending resolution of the procedures for discipline/dismissal, if a faculty member has been charged with violent criminal activity, fraud or theft from the university, or been arrested for a major felony, or poses an imminent risk of harm to the safety of the faculty members or others, or disruption of university programs and/or operations, they may be suspended with or without pay by the Provost.

a. In such cases described above in Section C the university may also utilize an expedited process or, if the discipline involves suspension without pay, an expedited process may be elected by the faculty member.

b. One or more personal conferences between the faculty member and appropriate administrative officers will occur for the purposes of fact-finding and discussing resolution.

c. If the matter is not resolved within five (5) days the Dean will notify the faculty member that the matter is being referred to the President. This notification will include the nature of the allegations being investigated. Upon receipt of the notification, the faculty member may forward a written statement or response to the allegations to the President. The President may refer the matter to the FSPC for a brief investigation and report. If a report is not issued within 15 days of referral to the FSPC, the President shall review the information and supporting evidence, and initiate any such additional investigation as the President deems appropriate. If the President determines that the preliminary evidence reasonably supports the charges, the President may initiate formal disciplinary/dismissal proceedings by formulation of a written statement of the charges and supporting evidence.

d. If the President initiates formal disciplinary/dismissal proceedings, the President shall provide the faculty member with a copy of their written statement and also inform the faculty member that, if the faculty member requests, they shall be entitled to a hearing as set forth in Sections B.7.f. and g above. The President shall also advise the faculty member that failure to dispute the charges in accordance with Section B.7.f. and g shall indicate acceptance of dismissal/discipline in the President’s discretion. If at the end of the investigation, it is determined that no discipline is warranted, or that a lesser penalty than suspension without pay is appropriate, the faculty member shall be made whole.

G. Mediation

1. In any case in which discipline is being contemplated at any level, the parties may elect by mutual agreement to utilize mediation in an attempt to reach resolution at any point in the process prior to a final determination being made. The process of mediation shall not exceed 30 days from the agreement to utilize mediation.

H. Amendments to Discipline

1. Upon discovery of additional information, the university may, through notification to the faculty member, amend the level of discipline initially contemplated and communicated. In such cases, the university may proceed without duplicating steps already performed. No such amendments may be made once the Faculty Senate Personnel Committee has selected a hearing committee, as in B.7.f above or once the three faculty member committee has been chosen, as in D.3 above.

I. Informal TAUP/Management Meetings

1. TAUP may at any time during a disciplinary process request an informal meeting with the university to discuss the case and relevant information.

J. Notification

1. In accordance with section 606 of the Public Employe Relations Act, when formal disciplinary charges have been filed against a faculty member and, without TAUP’s involvement, the faculty member and the university reach a written agreement to resolve the charges, then TAUP will immediately receive a copy of that agreement.

ARTICLE 14
RETRENCHMENT

A. Temple shall have the right, upon such notice as indicated in Section H below, to dismiss faculty members under the two following circumstances:

1. A demonstrably bona-fide financial exigency, or

2. As a result of bona-fide formal discontinuance of a program or department of instruction.

B. For purposes of this Agreement a dismissal for either of these circumstances shall be referred to as “Retrenchment.” Before sending notices of termination because of retrenchment, consultation on the proposed retrenchment shall take place with the Chairperson of any department or program affected and the Dean and College or School curriculum committee of any College or School affected. Also, the Educational Program and Policies Committee of the Faculty Senate shall be advised of the proposed retrenchments.

1. Following the completion of the consultation process, there shall be a meeting with TAUP upon reasonable notice, not to exceed two (2) weeks, to discuss the rationale for and implementation of such retrenchment.

2. At this meeting, Temple shall provide TAUP with: a list of bargaining unit members designated for possible retrenchment along with their date of hire, department, date of tenure and rank; a list of sections being taught by nontenure-track faculty and part-time/adjunct faculty; a list of tenure-track searches where authorizations to hire exist; and a list of suitable open positions in accordance with Section E below.

C. If and when retrenchment notices are sent, concurrent copies of such notices shall be furnished to TAUP. The notification date of a retrenchment notice shall be the recorded date of the certified mailing by Temple.

D. Retrenchment is one of the most serious steps an institution of higher learning takes. Attempts will continue to be made to increase revenue by all feasible means.

1. Before terminating faculty members because of retrenchment, Temple will first utilize possible temporary alternative assignments and then make reasonable efforts to place the affected faculty members in other suitable positions.

a. Before sending a notice of retrenchment to a tenured faculty member, Temple shall offer such tenured faculty member a temporary alternative assignment, in accordance with Article 20, to teach a full workload, provided that

(i) there is a full workload available which would otherwise be taught by full-time nontenured faculty members or part-time/adjunct faculty members, and

(ii) the tenured faculty member has the requisite skills and abilities after orientation, if appropriate, to teach such courses.
In the event that more than one tenured faculty member is affected and there is not a sufficient workload for each, Temple shall follow the order of priorities set forth in this Article. Such faculty members shall have two (2) weeks from date of notification to inform Temple of their willingness to accept such assignment.

b. The released tenured faculty member’s position will not be filled with a replacement within a period of three years unless the released faculty member has been offered, by order of seniority, re-employment in a tenured position (with at least their previous rank and salary) and at least one month within which to accept or decline.

c. An untenured, tenure-track faculty member’s position will not be filled for a period of two years without prior notification to the released faculty member that candidates for the position are being sought.

E. Suitable positions for reassignment of tenured faculty within Temple are:

1. Other teaching positions;

2. Academic Professional positions;

3. Assignment in the university libraries.

F. The bargaining unit status of the new positions will be determined by the duties associated with that position and the past decisions of the Pennsylvania Labor Relations Board.

G. For positions outside the TAUP Bargaining Unit, the faculty member’s tenure status and salary may be changed at the end of the 12-month period. At the time the position is offered to the faculty member, Temple will inform the faculty member of the tenure status and pay rate which the position will have at the end of the 12-month notice period.

1. The salary and seniority of a faculty member moving to a new assignment within the TAUP Bargaining Unit shall not be reduced by that move.

2. If a retrenched tenured faculty member applies for and is accepted for an authorized academic professional position, the faculty member shall have regular appointment in that new
position effective upon the first day of appointment in that position.

3. If a retrenched tenured faculty member applies for and is accepted for a tenure-track position in another department, the faculty member’s seniority and tenure shall be carried to the new department.

4. In filling vacancies within the TAUP Bargaining Unit, Temple shall give first consideration to a retrenched tenured faculty member in considering the qualifications of applicants for the position. Qualifications shall include appropriate academic credentials, present ability to perform the work required, quality of prior job performance, and potential for growth and achievement in the new job.

5. Reasonable efforts shall be defined as Temple’s obligation to bring position vacancies to the attention of retrenched tenured faculty, and resumes of retrenched faculty shall be made available to those responsible for filling such vacant positions. Copies of such position vacancies shall be forwarded to TAUP.

H. Written notice that employment is to be terminated because of retrenchment shall be given as follows:

1. For an untenured tenure track faculty member holding a first one-year contract, at least three (3) months;

2. For an untenured tenure track faculty member holding a second one-year contract or a third one-year contract, at least six (6) months;

3. For an untenured tenure-track faculty member who has either:

a. Completed three (3) or more years of service at Temple, or

b. Been issued a three (3)-year contract at the time of first appointment to Temple, at least twelve (12) months.

4. For tenured faculty, at least twelve (12) months.

5. For nontenure-track faculty, notice equivalent to the period of notice of nonrenewal under Article 16.

6. In each case, equivalent severance salary may be substituted providing it is mutually agreeable to Temple and the affected faculty member.

7. During the twelve (12) month notice period, a faculty member who has indicated a willingness to accept an alternative assignment as per Section D shall continue to be entitled to an alternative assignment if a workload becomes available during the twelve-month notice period. If a workload becomes available and is accepted, the letter of retrenchment shall be rescinded.

I. The order of retrenchment for faculty within a department or program of instruction shall be:

1. Part-Time Faculty.

2. Nontenure-track faculty with fewer than five (5) years of service, with individual decisions based upon such important factors as affirmative action goals, academic excellence, years of service, and programmatic needs.

3. Nontenure-track faculty with five (5) years of service or greater with individual decisions based upon such important factors as affirmative action goals, academic excellence, years of service, and programmatic needs.

4. Untenured tenure-track faculty, with individual decisions based upon such important factors as affirmative action goals, academic excellence, and years of service.

5. Tenured faculty, provided that the faculty member with the least number of years of service to Temple University shall be released first.

a. In the event of identical number of years, the faculty member with the fewest number of years since achieving tenure shall be released first.

b. In the event of identical number of years since achieving tenure, the faculty member of lowest rank shall be released first.

c. A tenured faculty member can be retrenched in an order other than by seniority only if Temple justifies (in writing) that they cannot perform work which is essential to the continuation of their department or program, while another tenured faculty member of lesser seniority (who would continue to be employed instead of the faculty member of greater seniority) can do this essential work.

d. Time spent on unpaid leave, prior to July 1, 1983 not connected with the receipt of an educational or research/creative award, shall not accrue as years of service under Section I.5(a), (b) and (c) above.

e. Time spent by tenured faculty on unpaid leave which commenced on or after July 1, 1983, and as approved by Temple on an annual basis, shall accrue as years of service under Section I.5(a), (b) and (c).

6. Any faculty member retrenched may utilize the grievance and arbitration provisions of this Agreement.

ARTICLE 15
RENEWAL OR NONRENEWAL OF TENURE-TRACK APPOINTMENTS

A. For full-time tenure-track faculty who do not have tenure, written notice that employment is to be terminated shall be given as follows:

1. For a faculty member holding a first one-year contract expiring at the end of the Spring academic period, not later than March 15; or if the one-year appointment terminates at another time, at least three (3) months in advance of its termination.

2. For a faculty member holding a second or third one-year contract expiring at the end of the Spring academic period, not later than December 15; or if the second or third one-year appointment terminates at another time, at least six (6) months in advance of its termination.

3. For a faculty member who either has completed three or more years of service at Temple or has been issued a three-year contract at the time of first appointment at Temple, at least twelve (12) months in advance of the expiration of the appointment.

B. Temple shall have the option of substituting equivalent severance salary for the period of advance notice. In making this determination, Temple will take into consideration the faculty member’s expressed preference.

ARTICLE 16
NONTENURE-TRACK FACULTY CLASSIFICATIONS

A. The university may create classifications of faculty who are not on the tenure-track. These nontenure-track classifications are limited to appointment of persons who are not charged with the tripartite mission of teaching, research and service, but who specialize in one of the three missions and whose assignment is wholly or predominantly in one of the three missions.

1. Such classifications may include, but are not limited, to those listed in the Provost’s guidelines issued June 12, 2008. Any classifications and ranks may be added or eliminated in the sole discretion of the university. If the university adds or eliminates classifications or ranks, it shall notify TAUP before implementation.

2. Nontenure-track faculty members shall be free to apply for open tenure-track positions. Similarly, individuals on the tenure- track shall be free to apply for available positions as nontenure-track faculty.

B. Appointment and Reappointment Procedure

1. Searches to fill nontenure-track positions may be conducted at the local, regional or national level. Searches shall not be required when reappointing a nontenure-track faculty member whose initial appointment was the result of an appropriate search or whose appointment has already been renewed as of the execution date of this agreement. For cases in which inadequate time exists to conduct a search, individuals may be hired and will, in most cases, be given a maximum appointment of one year. Affirmative action procedures as defined by the university shall be followed in accordance with university policy.

2. The processes for appointment and reappointment shall be discipline specific and shall be determined by the Dean in consultation with Department Chairs, department committees and other appropriate collegial bodies. These processes shall include consultation with appropriate departmental committees and/or faculty within the department, except in urgent situations, such as when faculty are unavailable for consultation and a rapid decision is necessary. The faculty in the relevant departments and colleges shall be provided a copy of the procedures once they have been approved by the Dean. Faculty shall be notified of any changes in the procedures.

3. At the time of initial appointment and at each reappointment, the term of the appointment and the responsibilities of the nontenure-track faculty member shall be clearly defined in the appointment letter signed by the appointing authority. In the case of faculty continuing on multiple year appointments, the Dean annually shall provide the faculty member with a letter outlining the faculty member’s assignments and responsibilities for the coming year. The responsibilities as specified in the foregoing appointment and annual letters shall be used as the primary criteria by which to evaluate the faculty member’s performance and eligibility for reappointment, promotion and merit. If the responsibilities of a nontenure-track faculty member were changed during the previous year, it will be documented in their annual report and acknowledged by the department chair.

4. Nontenure-track faculty members who have appointments continuing into the next academic year shall meet with the Dean or the Dean’s designee to discuss the faculty member’s performance in meeting their responsibilities in the current year. Such performance evaluation meetings shall take place no later than March 15. Evaluations shall be based on multiple measures of performance and accomplishment in relation to the type of appointment. A written summary of the performance evaluation shall be provided to the faculty member and placed in the individual’s official personnel file. A performance evaluation meeting pursuant to this section will not constitute a reappointment or promise of continued appointment.

5. Nontenure-track faculty may be hired initially on a series of single year contracts for three (3) years. Faculty members who receive a satisfactory evaluation following completion of their third year will receive multi-year appointments. Faculty members who have been satisfactorily employed as nontenure-track faculty for more than three (3) years and who are subsequently appointed only for a single year will receive a letter of explanation from the chair with a copy to the Dean and the Office of the Provost. Faculty members who have been employed by the university as nontenure-track faculty for six (6) consecutive years or more will receive appointments of three (3) years or longer. Faculty members who have been satisfactorily employed as nontenure-track faculty for six (6) years or more and who are subsequently appointed for less than three (3) years or less than their prior contract length will receive a letter of explanation from the chair with a copy to the Dean and the Office of the Provost that will document the reasons for the reduced length of the contract. This paragraph does not apply to NTT research faculty funded predominantly or wholly on external grants.

C. Appointment Termination and Notice of Non-Renewal

1. For full-time nontenure-track faculty employed for three (3) consecutive years or less in one of the classifications described in this Article (Section A.1 above), whose letters of appointment include a termination date, the appointment shall end at the termination date without further notice. Full-time nontenure-track faculty employed for more than three (3) but less than five (5) consecutive years shall be given written notice of renewal at least three (3) months prior to the expiration of their contract.

2. If a faculty member has been on the nontenure-track for five (5) consecutive years or more and is not being renewed, they shall receive a separate termination notice at least four (4) months prior to the termination date in their letter of appointment.

3. Temple shall have the option of substituting equivalent severance salary for the period of advance notice, called for in C2 above. In making this determination, Temple will take into consideration the faculty member’s expressed preference.

D. Promotion Standards and Procedures

1. The university will maintain uniform guidelines on procedures for schools and colleges to follow for promotion of nontenure-track faculty. Such guidelines shall provide process timelines and for timely notification of the individual as their application for promotion proceeds through the levels of review. Applications for promotion in rank shall be considered in any year, whether the individual is currently under a single year or multi-year appointment.

2. The processes and criteria for promotion shall be discipline-specific and shall be determined by the Dean in consultation with Department Chairs, department committees and other appropriate collegial bodies. These processes and criteria will be consistent with university established guidelines and Section A above. The faculty in the relevant departments and Colleges shall be provided a copy of the procedures once they have been approved by the Dean. Faculty shall be notified of any changes in the procedures and criteria

3. Whenever available, there shall be NTT faculty representation at the appropriate rank on any committee evaluating an NTT faculty member for promotion.

ARTICLE 17
THE HIRING, APPOINTMENT, EVALUATION AND BASE PAY FOR ADJUNCT FACULTY

1. Hiring and Appointment of Adjunct Faculty

a. Within 6 months of ratification of this agreement, each school/college will create guidelines for the appointment of adjunct faculty. The guidelines will provide information regarding the process for hiring, appointment, titles and other relevant information. The guidelines will be consistent with 1.b below, as well as the criteria for hiring, title assignment, use of titles and other policies included in the university Policy on Adjuncts, as it may be modified from time to time.

b. Qualifications for Adjunct Ranks in Initial Appointments
Qualifications for adjunct faculty rank in all adjunct classifications shall be the same as delineated below.

i. Appointment as Adjunct Instructor is usually based on the attainment of a bachelor’s degree, master’s degree or equivalent qualifications.
ii. Appointment as Adjunct Assistant Professor is usually based on the attainment of an appropriate terminal degree or equivalent qualifications.
iii. Appointment as Adjunct Associate Professor is usually based on the attainment of the qualifications necessary for Adjunct Assistant Professor, with substantial experience in teaching, research/creative work in the intended field of appointment, and such experience as is pertinent to the duties to be performed as an adjunct faculty member.
iv. Appointment as Adjunct Professor is usually based on the attainment of the qualifications necessary for Adjunct Associate Professor, with the candidate having attained a substantial reputation in their field as evidenced, for example, by a significant record of publications, presentations, or creative works in the intended field of appointment or who has received substantial honors or recognition in their field of endeavor.

c. When assigning rank and base compensation, appointing units are encouraged to consider not only educational requirements, but also the experience and effectiveness of an adjunct as well as academic and/or professional attainments relevant to their work at the university.

d. Appointment letters will indicate rank, rate of base pay, and for adjunct faculty with teaching assignments, the number of credits for each course.

e. Appointment letters will contain a link to information regarding criteria for hiring adjunct faculty at each title and state that each school’s guidelines may be requested from their chair. At the time of appointment, adjunct faculty may request appointment at any rank for which they are qualified. When making the request, the adjunct faculty must provide evidence that they meet the minimum qualifications for that rank in accordance with university and school/college policy. Links to important information included in the letter will be provided in an attachment that clearly specifies the resource that is accessed via each link.

f. Within six (6) months of ratification of this agreement, colleges/schools shall establish specific minimum pay rates for adjuncts at each rank above instructor. These minimum rates shall be reported to TAUP before the start date of the semester that they are adopted or changed. These rates shall include appropriate increases per rank based on the qualifications in Paragraph 1(b).

Adjuncts hired prior to the implementation of those guidelines shall maintain their then-current rank and pay if at or above established minima. Such an adjunct may request a formal evaluation in order to be considered for a change in rank/pay, regardless of the date of any previous evaluation.

g. Absent exceptional circumstances or where different qualifications exist between disciplines, an adjunct’s rank and base pay within a college or school shall not be decreased in subsequent appointments once an agreement letter has been approved by the Dean.

h. In recommending appointments for adjunct faculty, Deans or those designated to make personnel recommendations will consider evaluations and prior experience at Temple, and the skills and expertise to meet the specific hiring needs of the department.

i. No adjunct has a reasonable assurance for re-appointment until an appointment letter is issued by a hiring department.

j. Teaching experience as an adjunct at Temple University shall be taken into consideration when applying for a full-time faculty position at the university.

2. Faculty Resources

a. Each newly-hired adjunct will have access to an orientation session, contact information for a chair or other faculty member within their department for support, consultation, review of course materials, classroom observation, referrals to the Center for the Advancement of Teaching, or other university resources. The individual will respond to an adjunct’s request for support or referral in a timely manner.

3. Formal Evaluation of Adjunct Faculty

a. Prior to the start of the second semester following the ratification of this agreement, each school and college will develop and post guidelines for the formal evaluation of adjunct faculty. These guidelines are in the sole discretion of the school/college. These guidelines shall include:

i. A process for adjunct faculty to request an evaluation in order to be considered for promotion, pay increase or to request a multi-semester appointment.
ii. Information on where an adjunct faculty member can send a written response to go in their personnel file.

b. An evaluation will normally occur in the semester in which it is requested, provided the required resources are available and the request is made prior to the completion of the first 4 weeks of the semester. If it cannot be done in the semester in which it is requested, it will be done in the next semester in which they are employed.

c. Evaluations shall include multiple measures of performance which may include classroom observation, a review of course materials, student projects and/or assignments. Student Feedback Forms will not be used as the primary tool for evaluation except in the case of exceptional circumstances. The determination of exceptional circumstances is in the sole discretion of the university.

d. Those designated to make personnel recommendations will be responsible for conducting evaluations when requested. If a designee is appointed, they will send a written summary of the evaluation to the appropriate personnel decision maker.

e. Decisions regarding promotion in rank, pay or assignment of a multi-semester appointment resulting from an evaluation are in the sole discretion of the school/college.

f. The evaluator will endeavor to provide the adjunct faculty member with a written summary of the evaluation within 30 calendar days of the review. The summary will be placed in the adjunct’s departmental and personnel file.

g. An adjunct may request a formal evaluation at any time, but no more than once during any 2 successive semesters of employment.

h. An individual who is designated to make personnel recommendations may evaluate an adjunct teaching in their college/school at any time. Normally, an adjunct will be provided with at least one (1) week’s notice of an evaluation. Under exceptional circumstances, the university, in its sole discretion may conduct an evaluation without notice. If production of student work is requested, the adjunct will be allowed up to an additional week to assemble and provide the requested materials.

i. An adjunct who receives an unsatisfactory evaluation may provide a written response which will be placed in the personnel file. If a response is submitted, a note will be placed in the departmental file stating that a response is included in the personnel file.

4. Multi Semester Appointments

a. Any adjunct faculty may be appointed for single or multiple semesters. Multiple semester appointments do not need to be for consecutive semesters and may extend beyond an academic year. Appointment letters must state the semesters/years that the adjunct will have teaching assignments.

b. A multi-semester contract need not initially specify a course assignment beyond that in the first semester, but will commit to hiring for the additional semesters.

c. The assignment of multi-semester appointments will be at the discretion of the dean.

d. If an adjunct teaches in multiple departments within a school, a multi-semester appointment may be coordinated through the dean’s office which will specify which department the adjunct will teach in during each semester of the appointment.

ARTICLE 18
APPOINTMENT, PROMOTION, AND TERMINATION OF SERVICE OF LIBRARIANS

A. Terms of Appointment

1. All full-time librarians within the bargaining unit shall be appointed for such terms of office as shall be provided in this statement of policy, subject to the provisions contained herein with respect to the termination of their appointments. The terms and conditions of every appointment shall be stated in writing and shall be in the possession of both Temple and the librarian before the appointment becomes effective.

2. Librarians shall be appointed initially for a term to end on June 30th and may be reappointed for up to three (3) additional (2) year terms and then by regular appointment.

a. A Committee defined by the Academic Assembly of Librarians will advise the Dean of university Libraries or other person who shall be designated as the chief administrator of the university Library on decisions to grant or not to grant reappointment during the first four (4) years.

(i) Review by a peer committee established by the Academic Assembly of Librarians shall be the first step in considerations for contract renewal, regular appointment and promotion. This peer committee shall submit its recommendations and the reasons therefore, to the Dean of university Libraries and inform the individuals involved.

(ii) The Dean of university Libraries shall inform in writing the individuals and the committee of the Dean’s decisions, and the reasons for them within twenty days (20) after receiving the recommendations of the committee.

(iii) The Dean of university Libraries’ decision shall be made at least ninety (90) days prior to the expiration of any contract. The Dean of university Libraries’ decision during the first four (4) probationary years is not subject to the grievance or arbitration provisions of this Agreement.

b. The probationary period shall consist of a series of terms amounting to six (6) full years, except in the case of Librarians appointed during the year, in which case it shall be a series of terms not exceeding six and one-half (6 1/2) years. For the purposes of counting years in the probationary period, each full year shall begin on July 1 and terminate on June 30 of the following calendar year.

(i) In the event that a librarian will not be granted a regular appointment, a termination of contract notice must be provided in writing at least six (6) months prior to the expiration of their sixth full year of service or they shall be granted a one (1) year terminal contract for their seventh year of service.

(ii) A librarian must be promoted to the L3 rank as of the beginning of their seventh full year of service or they will receive a terminal one-year contract (or a six months’ notice of termination). Librarians employed prior to 7/1/14 must be promoted to the L2 rank as of the beginning of the seventh full year of service. Promotion to the L3 rank may occur at the same time regular appointment is earned.

3. A librarian’s base salary is for a work year which includes eight weeks scheduled time off per year. Any librarian who works additional week(s) or day(s) shall receive additional compensation at the rate of 2.4% of the base salary per additional week worked. Time off will be assigned in one block of at least four weeks and the remainder to be taken at the employee’s request with approval of the Department Head.

a. On or before May 1 of a given year, the Dean of university Libraries shall inform each librarian of that librarian’s four-week block of scheduled time off for the following July 1 to June 30 period. Such assignments shall be made after consultation with the librarians as to their time off preferences. No librarian may be required to work for more than 11 months during any July 1st to June 30th time period.

b. Any changes in the assigned periods of work shall be by mutual agreement between the librarian and the Dean of university Libraries, except that in the event of unforeseeable circumstances assignments may be changed by the Dean of university Libraries after consultation with the affected librarians.

B. Standards for Promotion and Completion of the Probationary Period

1. Criteria for promotion and completion of the probationary period shall include:

a. Effectiveness of performance as a librarian.
b. Continuing professional growth as demonstrated by scholarly activities such as continuing education, participation in professional activities, contributions to the profession, and publication of reports, articles, or other works pertinent to university librarianship.
c. Effectiveness of service to the library and/or to Temple.
d. More specific criteria for promotion to the various grade levels and for completion of the probationary period and the relative weighing of these criteria shall be recommended by the Academic Assembly of Librarians and concurred with by the Dean of university Libraries. Promotion to L4 is to be granted on the basis of exceptional achievement in the context of a major university library.

2. Librarians may always be considered for completion of the probationary period after shorter periods of service than those specified above. Under exceptional circumstances, librarians with significant experience in a major university library may be granted a regular appointment upon initial employment.

C. Procedures

1. Consideration for promotion and/or completion of the probationary period may be initiated at the appropriate time by the librarian.

2. All evaluations for reappointment, promotion, and regular appointment shall be through the appropriate Committee of the Academic Assembly and the list of candidates shall be sent to the Dean of university Libraries.

3. The Committee shall submit its recommendations and reasons therefore, to the Dean of university Libraries and inform the individuals involved.

4. The Dean of Libraries shall inform in writing the individuals and the Committee of the Dean’s recommendations and the reasons for them within twenty (20) days after receiving the recommendations of the Committee.

5. The recommendations of the Dean of Libraries, and all recommendations of the Committee, shall be forwarded immediately to the Provost or other designated university officer for final resolution. The decision of the Provost or the Provost’s designee must be given in writing within twenty-five (25) days to the individual, the Dean of Libraries, and the Committee of the Academic Assembly.

6. Librarians who have completed the probationary period shall maintain this status even if they have a physical or mental disability of up to six months’ duration that prevents them from carrying out their responsibilities. With the appropriate medical certification, the librarian may return to their university responsibility with the status of having completed the probationary period. In addition, the librarian shall have recall rights to the same or an equivalent position, if available, for a further period of twelve (12) months.

7. Time spent on official leave from the university and approved by the university will not be included in the calculations of the various time periods stated above unless the librarian requests in writing to the Dean of university Libraries, and the Dean of university Libraries approves, that such leave time be included in the timing of decisions on completion of the probationary period.

D. Librarians Hired for Fixed Periods of Time:

1. The Dean of Libraries may, when appropriate, hire individuals who are professional librarians to work exclusively on grant and foundation-supported projects and/or for fixed periods of time – in both circumstances to generally run from one (1) to three (3) years. At no time will the total of fixed term librarians exceed 20% of total full-time librarians. In support of fellowships, internships, and other special programs, up to 60% of fixed-term librarians may perform tasks normally assigned to probationary or permanent librarians.

2. Librarians hired specifically for the grant-and foundation-supported projects or for fixed terms shall receive contracts of employment from Temple in one-year appointments which can be extended in one-year appointment periods if the grant or fixed term contract is extended. The term shall be defined in the offer letter and will also include a three-month probationary period in the first contract year.

3. Librarians hired specifically for the grant-and foundation-supported projects or fixed terms shall not be subject to an annual contract renewal or promotion review by a peer committee established by the Academic Assembly of Librarians. They shall, however, have clear goals and objectives stated in their initial appointment letters. The librarians shall meet with the Dean of Libraries or their designee to discuss their responsibilities and performance in meeting their goals and objectives and shall subsequently receive a written annual performance review from the Dean of Libraries or their designee based on those goals and objectives. More frequent performance reviews may occur in the first year of appointment.

4. While librarians hired to work on a grant-or foundation-supported project or for a fixed term shall be eligible for merit, under no circumstance shall money for their merit be commingled with the university’s merit pool for librarians.

5. Their employment with Temple shall end at the end of the grant- or foundation-supported project or at the end of the third fixed term. They shall not be covered by the lay-off provisions in F. 3 below.

6. Should, however, an opening for a full-time librarian exist at the time the employment contract has ended and/or the completion of the specific project for which the librarian was hired, they would be eligible to apply for the position. If hired, the librarian will begin the first year of their probationary time. Time as a fixed-term librarian will not be counted toward the probationary time, but shall count towards pension vesting and all other benefits.

E. Evaluation of Librarians

1. When formal evaluations are made, the evaluating supervisor shall discuss the evaluation with the librarian; it shall be signed by both individuals and placed in the librarian’s personnel file. This signing shall not be deemed to constitute approval by the librarian. The librarian is entitled to attach any written comment or refutation the librarian deems appropriate to the evaluations.

F. Termination of Service by Temple

1. Written notice that an appointment is to be terminated because of retrenchment or non-renewal of a term appointment shall be given to a librarian as follows:

a. Three months for less than two years of service.
b. Six months after two years of service.
c. In each case, Temple shall have the option of substituting equivalent severance salary.

2. Termination of service of a librarian who has completed the probationary period or an appointment before the end of its specified term may be made only for retirement, just cause, or retrenchment.

3. Retrenchment of librarians within the Charles budget system or within another budget unit included in the TAUP bargaining unit shall be made according to the following order:

a. Part-time librarians;
b. Librarians on probationary appointment by inverse order of the date of hire within the library;
c. Librarians who have completed the probationary period by inverse date of hire within the library.
d. In each of the above cases, it is recognized that the librarian possesses special skills, training, or education necessary for the continued operation of library programs and that librarians who have completed the probationary period may not be retrenched until after all part time librarians and librarians on the probationary period are retrenched.

4. Temple shall make reasonable efforts to place retrenched librarians in other positions in the university.

5. Just cause means incompetence, grave misconduct, or neglect of duty.

6. A librarian who has completed the probationary period and who is terminated (except for retirement) or laid off shall be entitled to utilize the grievance and arbitration provisions of this Agreement.

G. Recall

1. Following a lay off due to retrenchment, any librarians laid off due to retrenchment shall be recalled in inverse order of lay off provided the librarians have the present ability to perform the work available. Laid off employees shall have recall rights for a period equal to their length of service but in no event for more than two years.

2. Upon receipt of such an offer in writing, a librarian shall have one month to decide whether to accept the offer.

H. Terminology

1. Throughout this contract, the term Dean of university Libraries shall refer to the administrator who is the designated head of the university Libraries or, if there is no such administrator, to the designated head of the Charles Library with respect to matters involving librarians in that Library and to the Dean of any School or College that shall employ a librarian.

ARTICLE 19
APPOINTMENT, PROMOTION AND TERMINATION OF SERVICE OF ACADEMIC PROFESSIONALS

A. An academic professional is a full-time employee of the university whose work is necessary or adjunct to the teaching of students or to research functions of the university. The work shall:

1. Be predominantly intellectual and varied in character; and

2. Require consistent exercise of discretion and judgment; and

3. Require knowledge of an advanced nature customarily acquired by specialized study in an institution of higher learning or its equivalent; and

4. Be of such character that the output or result accomplished cannot be standardized in relation to a given period of time; or

5. Be original and creative in character in a recognized field of artistic endeavor and the result of which depends primarily on the invention, imagination, or talent of the employee.

B. Academic professionals include those positions in TAUP as of the date of the signing of this Agreement.

C. Terms of Employment

1. Each full-time academic professional and TAUP shall receive, at the time of employment, a letter setting forth a brief general description of the academic professional’s duties, salary and any employment conditions particular to the individual academic professional.

2. Newly hired employees shall be considered probationary for a period of ninety (90) calendar days from their date of employment, excluding time lost for sickness and other leaves of absence. Temple, with the mutual consent of the union, may extend the probationary period of any employee for an additional ninety (90) days. The discipline, suspension or termination of any probationary employee by Temple, with or without cause, shall not be subject to the grievance and arbitration provisions of this agreement.

3. The academic professional or TAUP may, within 30 days after receipt of a new or revised job description or salary, file a grievance if the academic professional or TAUP asserts that:

a. The salary, which shall be communicated not later than 60 days after receipt of the new job description, does not bear a fair relationship to the new duties;

b. That the stated duties do not qualify the individual as an academic professional;

4. Any new or vacated position may be designated as a fiscal year or academic year position.

D. Periodic Evaluation of Academic Professionals

1. When formal evaluations are made, the evaluating supervisor shall discuss the evaluation with the academic professional. The evaluation shall be signed by both individuals and placed in the academic professional’s personnel file. This signing shall not be deemed to constitute approval by the academic professional. The academic professional is entitled to attach any written comment or refutation the academic professional deems appropriate to the evaluations.

E. Termination of Service by Temple

1. Any academic professional who is terminated, except for just cause or retirement, shall be entitled to written notice or equivalent salary as follows:

a. Two weeks if employed less than six months;
b. Four weeks if employed more than six months but less than one year;
c. Two months if employed more than one year but less than two years;
d. Four months if employed more than two years but less than four years;
e. Six months if employed four years or more.

2. Academic professionals who have completed the probationary period shall be terminated only for retirement, just cause, or retrenchment.
a. Just cause means incompetence, grave misconduct, or neglect of duty.

3. Termination of an academic professional during the probationary period shall not be subject to the grievance and arbitration provisions of this Agreement.

4. An academic professional who has completed the probationary period and who is terminated (except for retirement) or laid off shall be entitled to utilize the grievance and arbitration provisions of this Agreement.

5. Retrenchment of Academic Professionals

a. Retrenchment within a department or program shall be applied in the following order:

(i) Part-time employees who are functioning as academic professionals;
(ii) Academic professionals in the probationary period;
(iii) Academic professionals who have completed the probationary period in reverse order of the date of hire within Temple provided that, in each case, the academic professionals remaining shall have the requisite qualifications or specialties to perform the work required.

b. Temple shall make reasonable efforts to place retrenched academic professionals in other positions in the university.

6. Recall following Retrenchment

a. Following a lay-off due to retrenchment, any academic professional laid off due to retrenchment shall be recalled by the department or program in inverse order of lay-off provided the academic professional has the present ability to perform the work available. Laid-off employees shall have recall rights for a period equal to their length of service but in no event for more than two (2) years. Upon receipt of such an offer in writing, an academic professional shall have one (1) month to decide whether to accept the offer.

b. The seniority and accumulated sick leave shall not be reduced for any academic professional who is recalled and takes another position within the bargaining unit.

F. Discipline

1. Discipline of an Academic Professional shall be for just cause. Just cause means incompetence, grave misconduct, or neglect of duty.

2. When a question of disciplining an Academic Professional arises, the following steps shall be followed:

a. An Academic Professional may be suspended immediately under extreme circumstances if there is a threat of immediate harm to themself or others.
b. The Academic Professional shall be informed of the nature of the problem by the Dean or other administrator.
c. An attempt shall be made to resolve the issue through informal meetings with the supervisor or other pertinent university administrative personnel.

3. If the above procedure fails to resolve the problem satisfactorily, the Dean or other administrator shall form an ad hoc committee of at least two Academic Professionals and at least two bargaining unit members familiar with the area of expertise of the Academic Professional being considered for discipline.

4. The Dean shall charge the committee to investigate the allegations against the Academic Professional.

5. The ad hoc committee shall provide the Academic Professional reasonable time to respond to the allegations.

6. The ad hoc committee shall provide a report of its findings to the Dean within 45 days of receiving its charge with a copy to the Academic Professional.

7. The Academic Professional shall be allowed to provide a written rebuttal to the Dean.

8. The Dean shall have 30 days to render a decision concerning the imposition of discipline in the case.

9. The Academic Professional shall have the right to take the matter to grievance and arbitration

G. Discipline of an academic professional during the probationary period shall not be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 20
WORKLOAD

A. Full-Time Faculty

1. The assigned workload for full-time faculty shall be reasonable and fair and shall usually consist of a combination of teaching, research and creative activities, and service to Temple University. The assigned workload of a faculty member engaged only in teaching and minimal service to Temple is (24) twenty-four semester credit hours per academic year.

2. No more than (15) fifteen credit hours may be assigned in a single semester except with the consent of the faculty member.

3. The teaching workload shall be appropriately reduced by the Dean for the following efforts: active involvement in research and/or publication or equivalent creative activity; advising of graduate theses or dissertations and/or independent study; combinations of 4 and 3 credit-hour courses or unusual contact-credit hour burdens; service to Temple University; unusually demanding courses; and the performance of administrative duties.

4. Temple may substitute the teaching of non-credit courses or workshops and participation in externally funded Temple projects for an equivalent of credit courses taught by the faculty member.

5. Temple may give a full-time faculty member a temporary alternative assignment, i.e., a teaching assignment for other than their home department, or an administrative or advising assignment. A temporary alternative assignment shall not affect the faculty member’s membership, seniority, and tenure in their home, merged, reorganized or successor department.

a. In making temporary alternative assignments, the following principles shall be applied:

(i) The proposed assignment shall be discussed by the Dean with the faculty member a reasonable time in advance of beginning the assignment.
(ii) Every effort shall be made to maintain some portion of a faculty member’s total workload in their home department.
(iii) Before new faculty are appointed in a department, faculty members of that department on temporary alternative assignment elsewhere shall first be offered the opportunity to reassume teaching assignments within the department.
(iv) In cases of disputes over temporary alternative assignments, the final decision with a college or school shall be made by the Dean and for inter-college/school disputes, the final decision shall be made by the Provost or other designated university officer, subject in each case to the terms and conditions of this agreement.

6. Normally, faculty teach in the Fall and Spring. If Temple wishes to require faculty to teach in any combination of two (2) regular semesters other than Fall and Spring as the basic academic year, the Dean of the College or School may initiate such a plan provided that:

a. There is appropriate consultation between the Dean, the Department, and individual faculty members, and

b. Notice of semester assignments other than Fall/Spring in any year normally shall be given to the faculty member not later than twelve (12) weeks prior to the start of the assignment. Exceptions may be made for unanticipated or exigent circumstances.

c. Insofar as some courses are taught for extra compensation, consideration shall be given to the equitable distribution of such teaching among the faculty members of the Department, and, where appropriate, within the college or school.

d. A faculty member may not be required to teach without their consent and without appropriate compensation over the fall, spring, and summer semesters except as in A.7 below.

7. With the approval of Temple, an individual faculty member may substitute the summer semester for either a fall semester or a spring semester. With the approval of Temple, an individual faculty member may deploy themselves across the three semesters in a manner accepted by them without additional compensation.

8. The University Calendar

a. The Academic year shall be divided into (3) three regular semesters: Fall, Spring, and Summer.

b. Courses may be taught in a variety of time configurations of full semester, partial semester, pre-semester and inter-semester length.

c. No more than (8) eight semester credit hours of teaching may be assigned during any partial semester, pre-semester or inter-semester. No more than (6) six credit hours may be assigned in the August partial semester. Exceptions may be made with the consent of the dean, the chair and the individual faculty member.

d. Duties for the fall semester shall begin (1) one week before the beginning of classes and faculty shall be expected to be available that week for advising students, departmental and other meetings and such other duties as may be appropriate to the academic program. Contractual obligations shall end when the assigned duties are completed.

9. Temple may, in its sole discretion, cancel classes at any of its campuses for reasons of weather or other natural or manmade emergency. Temple may, in its sole discretion, add one
(1) day to the academic year for each such emergency day and reschedule classes or schedule make up classes to avoid loss of time or other academic activities.

B. Librarians and Academic Professionals

1. The assigned workload for professional librarians at Temple shall be reasonable, fair and consistent with their service and professional responsibilities.

2. Owing to the varied nature of their professional duties, librarians will be eligible for participation in the library’s Flexible Scheduling Program. If the university intends to make any changes to the policy a meet and discuss will he held with TAUP prior to implementation.

3. When a librarian’s assignment includes duties which require physical presence in the library no more than 35 hours per week of such activities will be required. In cases where it is necessary to exceed this limit, the library administration shall appropriately reduce the required hours of such service in subsequent weeks when possible.

C. Adjunct Faculty
Adjunct faculty may teach no more than 8 credit hours or perform research or creative work for no more than 20 hours per week in a single semester in all Temple units combined. Both summer semesters combined equal one semester.

ARTICLE 21
SALARIES

A. Salary Minima

1. The following salary minima shall apply to all faculty

FACULTY SALARY MINIMA

Instructor $44,625
Assistant Professor $46,725
Associate Professor $54,600
Professor $65,100

2. The following salary minima shall apply to all librarians:
LIBRARIANS SALARY MINIMA
L1 $40,150
L2 $42,350
L3 $45,650
L4 $50,050

3. The following salary minima shall apply to all academic professionals:

ACADEMIC PROFESSIONALS SALARY MINIMA
L7 $21,749
L8 $23,466
L9 $25,322
L10 $27,388
L11 $29,597
L12 $31,992
L13 $34,604
L14 $37,402
L15 $40,335
L16 $43,557
L17 $46,319

4. Temple and TAUP will meet to discuss the transition of the Academic Professional “L” grades to the Temple University “T” grade system.

5. The following salary shall apply to adjunct faculty

ADJUNCT FACULTY MIN PER CREDIT HOUR

Effective 7/1/2020 $1,550
Effective 7/1/2022 $1,600

$5/hr. added to the minima for instrumentalists, jazz, voice, and keyboard artists-in-residence.

Any adjunct in the bargaining unit as of Fall 2019 and/or Spring 2020, earning above $1,550 per credit hour but below $2,000 per credit hour will receive a $500 payment one time in the earlier of Spring semester 2020 or Fall semester 2020 based on their first semester worked after ratification.

Temple University reserves the right to pay any adjunct faculty above the established minimum for any reason.

Adjuncts who have a course cancelled or re-assigned one week or less prior to the start of classes or during Add-Drop will receive 4% of what they would have been paid for the course.

B. Additional Increases for Promotion

1. Any faculty member or librarian who is promoted in rank or grade level effective any July 1 shall receive a promotional increase effective on the July 1 following the promotion determination of eight percent (8%) of the promoted individual’s salary as of the preceding June 30.

2. In any year, the amount granted for promotions shall be reduced by the amount of the increase received as of July 1 due to the application of the salary minima.

C. Miscellaneous

1. Minimum Compensation for Summer or Other Third Academic Semester

a. In its discretion, Temple or the Deans of specific schools/colleges may pay any faculty member at a higher rate to secure summer teaching.
b. Summer sessions, summer or third academic semester teaching shall be paid at a minimum rate of $1,900 for each semester hour taught.
c. When utilizing faculty as summer advisors, Temple shall compensate the faculty member at .55% (fifty-five hundredths of one percent) of the annual salary for each day worked (based on the prior year annual salary as of June 30).

2. Compensation for Overload Teaching

a. Minimum compensation for overload teaching by bargaining unit faculty during the academic year shall be as follows:
Instructor $1,155/ credit hour
Assistant Professor $1,225/ credit hour
Associate Professor $1,300/ credit hour
Professor $1,375/ credit hour

a. At the discretion of the Dean, a faculty member may be paid additional compensation for overload teaching.

D. Increased compensation

1. Nothing in this contract shall preclude Temple from making additional compensation awards to members of the bargaining unit when Temple deems such additional awards to be in the best interest of the university; and such additional awards shall not be subject to grievance.

2. There shall be an annual salary adjustment pool of a minimum of $100,000 per year. Bargaining unit members may make written application to the Dean of their School or College for salary adjustment for any reason at any time. The Dean shall inform the applicant of their recommendation in writing within sixty (60) days.

3. If an applicant disagrees with the Dean’s recommendation, the applicant may request to review the matter with the Vice Provost for Faculty Development and Faculty Affairs or other designee of the Provost.

4. In the event that a salary increase or award is given, Temple shall inform TAUP in writing within ten (10) days of the decision.

E. Outside Compensation for Non-Temple Work

1. During the academic year or their contract year, faculty members, with the prior approval of the Dean, may take on duties unconnected to their Temple employment for additional compensation provided that:

a. The outside work does not exceed the equivalent of an average of one working day per week exclusive of weekends.
b. The outside work does not interfere with their assigned Temple responsibilities.
c. The extra responsibilities are compatible with the university’s conflict of interest policy.

ARTICLE 22
SALARY INCREASES FOR FACULTY, LIBRARIANS AND ACADEMIC PROFESSIONALS

A. For faculty, librarians, and academic professionals, the following salary increases shall apply:

Effective Date Across-the-Board Merit Pools Additional Merit
October 1, 2019 1.625% 1% 0.25%-0.75%
July 1, 2020 1.625% 1% 0.25%-0.75%
July 1, 2021 2% 1% 0% – 0.5%
July 1, 2022 2% 1% 0% – 0.5%

EXPLANATIONS

Eligibility for Merit

To be eligible for merit, a faculty member must have completed an Annual Report of Faculty Activity (ARoFA) each year by September 1.

Merit Pools
There shall be separate merit pools for nontenure-track and tenure-track/tenured faculty, with each pool consisting of the stated merit % for that group as a whole. Merit shall be added to base salary in April or May of each year, retroactive to January 1 of that year.

Additional Merit
Deans shall establish additional merit pools in accordance with the table in A above. Additional awards will be added to base and may be awarded for group or individual efforts and/or RCM performance measures.

B. Faculty Merit Awards

1. All faculty members in the bargaining unit must submit an annual report of activity in order to be eligible for consideration for merit awards. Merit awards shall be given for recognition of exceptional performance of the duties and responsibilities as set forth in Article 12 for tenured and tenure-track faculty and in Article 16 of this Agreement for nontenure-track faculty. Specifically, merit awards shall be given principally for outstanding performance in teaching/instruction and in research/scholarship/creative activity. Outstanding performance in service to the university, in service to the profession/discipline and in discipline-based community service may also be considered in making merit awards.

2. The merit pool shall be divided into merit units. Each merit unit shall equal $600. Half units may be awarded only after the first unit with the exception of awards for exceptional effort coming out of the Provost’s merit pool. TAUP may request a description of these awards. Any fraction of a merit unit remaining in the pool shall be rounded up.

3. Nominations for merit awards may be made by faculty members themselves, or colleagues, Chairs, Deans, or Temple.

4. The Provost will develop guidelines regarding the annual reports for faculty within each school/college. Final guidelines will be distributed to all faculty members.

5. Each faculty member shall be expected to submit an annual report to their Department Chair by September 1 detailing the faculty member’s activities and achievements at Temple from the previous year. The commencement of the nominating process will be announced by Temple to all faculty members, Department Chairs, and Deans each year.

6. Uniform written guidelines governing the process of nomination and criteria for recommending faculty for merit awards shall be distributed by Temple to all faculty, Department Chairs, and Deans. These guidelines may include discipline-specific ranges of units for each accomplishment that can be claimed in applying for merit. These guidelines do not constitute promises that a certain number of units will be awarded and cannot be used as the grounds for a grievance.

7. Each Dean shall consult with Department Chairpersons about the nomination of persons for merit salary increases.

8. The Department Chair may consult with a departmental merit committee prior to making recommendations to the Dean regarding merit awards. The departmental or program merit committee shall include at least one NTT faculty member, provided one is available, when evaluating NTT faculty members for merit.

9. When the Department Chair decides who is being recommended for merit, the chair shall inform those faculty members who have been recommended for merit, the reason for the recommendation and numbers of merit units recommended.

10. The Dean shall also consult with a College- or School-wide merit advisory committee consisting of no more than ten members who shall be selected in equal numbers as follows: (a) up to five members appointed by the Dean from among those persons who shall have recently served on the College or School Promotion Committee, College or School Tenure Committee and/or university Promotion and Tenure Advisory Committee and (b) an equal number elected by the College or School Assembly. At least one of the members appointed by the college or school assembly shall be an NTT faculty member when evaluating NTT faculty members for merit.

11. After consulting with the chairpersons and the College or School wide merit committee, the Dean shall prepare a list of their recommendations for merit awards, the reasons for which the faculty is being recommended and number of merit units recommended for each person. Each faculty member recommended for merit by the Dean shall be notified of the Dean’s recommendation at the time it is forwarded to the Provost or other designated university officer. Faculty members who were recommended by the Department Chair, but not recommended by the Dean, shall receive a letter of notification.

12. The members of the merit advisory committee shall elect a chair. Only faculty members on the committee shall be involved in the deliberations and formulation of recommendations. The list of faculty members proposed for merit awards and the amount of each merit award recommended shall be forwarded to the Provost or other designated university officer for review and final decision. Faculty who have been awarded merit awards shall be informed of the number of merit units and the reasons for which merit is being awarded by the Provost or other designated university officer no later than May 1. TAUP shall be provided a list of faculty receiving merit awards no later than May 1.

13. Decisions on the awarding of merit pay by the Provost or other designated university officer shall not be subject to grievance or arbitration.

C. Librarians

1. All librarians in the bargaining unit shall be eligible for consideration for merit awards. Merit awards shall be given for recognition of exceptional performance of the duties and responsibilities set forth in Article 18 of this agreement. Specifically merit awards shall be given principally for (1) outstanding effectiveness of performance as a librarian; (2) significant continuing professional growth as demonstrated by scholarly activities such as continuing education, participation in professional activities, contributions to the profession, and publication of reports, articles or other works pertinent to university libraries and librarianship; and (3) effectiveness of service to the library and/or Temple.

2. The merit pool shall be divided into merit units. Each merit unit shall equal $350. Half units may be awarded after the first unit. Any fraction of a merit unit remaining in the pool shall be rounded up.

3. Nominations for merit awards may be made by librarians themselves, or colleagues, supervisors or Temple.

4. The commencement of the nominating process shall be announced by Temple to all librarians and their supervisors.

5. Uniform written guidelines governing the process of nomination and criteria for recommending librarians for merit awards shall be distributed by Temple to all librarians and their supervisors each year.

6. The Dean of university Libraries or other designated head of the university Libraries shall also consult with a library-wide merit advisory committee consisting of no more than three (3) librarian members who shall be nominated by the Academic Assembly of Librarians and three (3) members who shall be appointed by the Dean or other designated head of the university Libraries.

7. After consulting with the supervisors and the library-wide merit committee, the Dean or their designee shall prepare a list of their recommendations for merit awards, the reasons for which they are recommended, and the number of merit units for which each person is recommended. Each librarian recommended for merit by the Dean of university Libraries or their designee shall be notified of the recommendation at the time it is forwarded to the Provost or other designated university officer. Librarians who are not recommended for merit shall receive a letter of notification.

8. The list of librarians proposed for merit awards and the amount of each merit award recommendation shall be forwarded to the Provost or other designated university officer for review and final decision. Librarians who have been awarded merit awards shall be informed of the number of merit units and the reasons for which merit is being awarded by the Provost or other designated university officer no later than May 1. TAUP shall be provided a list of librarians receiving merit awards no later than May 1.

9. Decisions on the awarding of merit pay by the Provost or other designated university officer shall not be subject to grievance or arbitration.

D. Academic Professionals

1. All Academic Professionals in the bargaining unit shall be eligible for consideration for merit awards. Merit awards shall be given for recognition of exceptional performance of the duties and responsibilities set forth in Article 19 of this agreement. Specifically merit awards shall be given principally for (1) outstanding effectiveness of performance as an academic professional; (2) significant continuing professional growth as demonstrated by scholarly activities such as continuing education, participation in professional activities, contributions to the profession, and publication of reports, articles or other works pertinent to employment as an academic professional; and (3) effectiveness of service to the College or School and/or Temple.

2. The merit pool shall be divided into merit units. Each merit unit shall equal $350. Half units may be awarded after the first unit. Any fraction of merit unit remaining in the pool shall be rounded up.

3. Nominations for merit awards may be made by academic professionals themselves or colleagues, department heads, Deans, or Directors or Temple.

4. The commencement of the nominating process shall be announced by Temple to all academic professionals, and their department heads and/or supervisors.

5. Uniform written guidelines governing the process of nomination and criteria for recommending academic professionals for merit awards shall be distributed by Temple to all academic professionals and their supervisors each year.

6. The Dean, Director or other senior supervisor shall consult with the immediate supervisor about the nomination of persons for merit salary increases. After consulting with the supervisors, the Dean, Director or other senior supervisor shall prepare a list of their recommendations for merit awards, the reasons for which they are recommended, and the number of merit units for which each person is recommended. Each academic professional recommended for merit by the Dean or Director shall be notified of the recommendation at the time it is forwarded to the Provost or other designated university officer. Academic professionals who are not recommended for merit shall receive a letter of notification.

7. The list of academic professionals proposed for merit awards and the amount of each merit award recommendation shall be forwarded to the Provost or other designated university officer for review and final decision. Academic professionals who have been awarded merit awards shall be informed of the number of merit units and the reasons for which merit is being awarded by the Provost or other designated university officer no later than May 1st. TAUP shall be provided a list of academic professionals receiving merit awards no later than May 1.

8. Decisions on the awarding of merit pay by the Provost or other designated university officer shall not be subject to grievance or arbitration.

ARTICLE 23
BENEFITS

A. General

1. All benefits (except as herein modified, amended, or canceled) in existence on the date of the signing of this Agreement shall be continued during the term of this Agreement.

B. Health Insurance Benefits

1. Upon enrollment at the Human Resources Department, all active, full-time bargaining unit members shall become eligible to elect one of the following benefit programs to be effective on the first day of the next month after their date of employment: Independence Blue Cross or Keystone Health Plan East HMO

2. Prescription coverage shall be available to bargaining unit members participating in either Temple University health insurance plan. Employee co-pays will be as follows for qualified prescription drugs at participating pharmacies:

a. Generic Drugs – 10% of cost
b. Preferred Brands – 20% of cost
c. Brand-Named Drugs – 30% of cost

3. In the event Temple University determines to switch its above-mentioned carriers, an equal (or greater) level of benefit must be maintained. Temple University may elect to offer different options from a single carrier or a single option from a single provider. Prior to making any change, Temple University shall meet and discuss with TAUP.

4. If bargaining unit members experience a qualifying event under COBRA, and elect to exercise their COBRA rights, they shall be required to pay Temple 2% of the premium costs to cover administrative expenses.

C. Each bargaining unit member who enrolls in Temple University administered plans and on an annual basis receives biometric screening, completes a wellness profile, sets a goal using the Personal Health Assistant and achieves the maximum number of points through the Temple Wellness Program, shall receive a discount on Health and prescription contributions of $25 per month in the following fiscal year.

D. Each bargaining unit employee shall pay $50 co-pay for Urgent Care. Co-pay waived at Temple Urgent Care sites.

E. Each bargaining unit employee shall pay $100 co-pay for Emergency Room Care. Co-pay will be waived if admitted.

F. Each bargaining unit employee shall pay $100 per day for a hospital stay, $300 maximum per stay. Co-pay waived at any Temple facility.

G. Shared Health Costs

1. Full-Time Faculty

a. Subject to section (b) below, each full-time faculty member shall pay the employee contributions of Health Care Premiums as follows:

(i) The employee contribution for medical and prescription benefits shall be 23% of the premium for the Plan and coverage elected. Effective July 1, 2021, the employee contribution for medical and prescription benefits shall be 24% of the premium for the Plan and coverage elected. Effective July 1, 2022, the employee contribution for medical and prescription benefits shall be 26% of the premium for the Plan and coverage elected.

(ii) Full-time faculty members with annual base compensation below the “cap amount” shall pay an employee contribution for medical and prescription benefits equal to 20%. The “cap amount” shall be $76,000. Effective July 1, 2021, full-time faculty members with annual base compensation below the “cap amount” shall pay an employee contribution for medical and prescription benefits equal to 21%. Effective July 1, 2022, full-time faculty members with annual base compensation below the “cap amount” shall pay an employee contribution for medical and prescription benefits equal to 23%.

(iii) As of 7/1/2022, employees above the cap amount shall pay a $100 deductible for single coverage and a $150 deductible for family coverage for services such as lab tests, x-rays, imaging and outpatient surgery.

2. Librarians and Academic Professionals shall pay the employee contributions of Health Care Premiums as follows:
a. The employee contribution for medical and prescription benefits shall be 20% for both single and family coverage for the Plan elected.
b. Effective July 1, 2021, the employee contribution for medical and prescription benefits shall be 21% for both single and family coverage for the Plan elected.
c. Effective July 1, 2022, the employee contribution for medical and prescription benefits shall be 23% for both single and family coverage for the Plan elected.

3. The parties shall establish a Joint Committee to explore additional methods of health care cost containment.
a. The copay for physicians’ office visits shall be $20, and copays for specialists under the Keystone HMO shall be $30. Co-pays shall be waived at any Temple Physician practice.

4. If bargaining unit members elect coverage, they shall make contributions on a pre-tax basis.

5. Adjunct Health Insurance

a. Eligibility for the 50% subsidy of single coverage. Faculty appointed to teach two (2) courses in the current semester each bearing 2 credits or more and having taught 2 courses in at least 1 of the 3 immediately preceding Fall or Spring semesters, each bearing 2 credits or more. In the case of clinical or research faculty, working twenty (20) hours per week.

b. Eligibility for the 25% subsidy of single coverage. Faculty appointed to teach one (1) course bearing 2 credits or more in the current semester and having taught at least 1 course bearing 2 credits or more in at least 1 of the 3 immediately preceding Fall or Spring semesters. In the case of clinical or research faculty, working ten (10) hours per week

H. Post-Retirement Health Benefits – FAS 106

1. The current policy for bargaining unit members enrolled in the Post Retirement Benefit Pre-Funding Plan shall remain in effect.

2. Eligible bargaining unit members hired prior to July 1, 2000, who are not currently enrolled in the Post Retirement Benefit Pre-Funding Plan shall be eligible to enroll in the Plan for retiree medical and prescription drug benefits.

3. Bargaining unit members hired after June 30, 2000, shall not be eligible for the Post Retirement Benefit Pre-Funding Plan.

4. “Transitional” retiree health insurance benefits shall be made available to eligible bargaining unit members eligible for either H.1. or H.2. above. Under this program an eligible retiree (and spouse, if the retiree is married at time of retirement) shall be provided with three (3) years of health insurance coverage as provided under the current Post Retirement Benefit Plan free (i.e. no pre-funding is required). After 3 years from the date of retirement, health insurance coverage for the bargaining unit member (and spouse, if applicable) shall end.

5. In the event an eligible bargaining unit member elected H.1. or H.2. above, and has made contributions to the Post Retirement Benefit Pre-Funding Plan, and then elects H.4. above, those contributions will be returned with interest at the time of retirement. To discontinue participation in the Post-Retirement Benefit Pre-Funding Plan, those contributions will be refunded with any actual interest earned at the time of retirement, separation from Temple, or as a result of divorce or death of a spouse.

6. Eligible employees who enroll in the Post Retirement Pre-funding plan on or after January 1, 2015, shall contribute at the rate of 30% for single coverage and 70% for spousal coverage.

I. Dental Benefits

1. Upon enrollment at the Human Resources Department all active, full-time bargaining unit members shall become eligible to enroll in the current Dental Plan.

a. In the event Temple University determines to switch its current carrier, an equal (or greater) level of benefit must be maintained. Temple University may elect to offer different options from a single carrier or a single option from a single provider. Prior to making any change, Temple University shall meet and discuss with TAUP.

2. The annual maximum under the current dental program is $2,000.

3. The lifetime orthodontia maximum under the current dental program is $2,500.

4. Full-time bargaining unit members shall pay the employee contributions at the same percentage rate as the employee contributions for Health Care Premiums under Section G. above. If bargaining unit members elect coverage, they shall make contributions on a pre-tax basis.

5. Dental Clinic Program

a. All bargaining unit members and eligible dependents may apply to have professional dental care done at Temple’s School of Dentistry under the Dental Clinic Program. If accepted by the clinic for coverage under the Program, all deductibles and co-insurance provisions will be waived and the bargaining unit member will have to complete any claim forms as required.

J. Medical Spending Account/Dependent Care Spending Account

1. Each eligible bargaining unit member shall be eligible to contribute up to the maximum amount permitted by law on a pre-tax basis, to a Medical Spending Account to pay for qualified medical expenses and/or a Dependent Care Spending Account.

K. Sick Leave Policy

1. Full-Time Faculty

a. Requests for sick leave pay must be accompanied by medical documentation acceptable to Temple’s Human Resources Department. Temple may seek independent medical examinations to verify eligibility for sick leave.

b. For faculty the following sick leave provisions shall apply: Temple shall pay full salary for the first two months and half salary for the next four months of sick leave. During this period, all benefits shall be continued in the normal manner.

c. A faculty member who has exhausted the full (6) six months of paid sick leave will earn additional paid time at the rate of (1) one month of paid time per (3) three months of full workload assignment. Time earned will not be prorated for partial months worked.

d. In the case of pregnancy, a female faculty member shall be entitled to use eight (8) weeks of sick leave. An eligible faculty member may be entitled to additional sick leave with medical justification. Without medical justification, the female faculty member can apply for an additional leave of up to four (4) weeks on an unpaid basis to care for a newborn as provided by the Family and Medical Leave Act. (Refer to Section L below.)

2. Academic Professionals and Librarians

a. An academic professional or librarian who has completed the first ninety (90) days of employment will be entitled to accrue and use sick days in accordance with the Sick Leave Policy for university Employees.

b. There will be no cap on the number of sick days earned and accrued. In no event, however, will the use of paid sick days coincide with periods of short or long-term disability.

c. During a paid sick leave period, all benefits shall be continued in the normal manner.

d. All academic professionals and librarians who have completed their first ninety (90) days of employment shall be entitled to the Temple Sickness and Accident Plan of $225 per week for 26 weeks.

3. Any member of the bargaining unit on sick leave shall not lose eligibility to apply for long-term disability in the event that the six-month period required to apply for the long-term disability extends beyond the termination of their employment contract.

4. For those receiving salary/sick pay, Temple shall continue to contribute toward all of the bargaining unit member’s benefits. In the event a faculty member’s appointment has ended, Temple shall not continue to fund benefits beyond the expiration of the employment contract. In the event that the faculty member applies for LTD and is approved, benefits will be reinstated coincident with the LTD effective date.

5. In the event of catastrophic illness, any bargaining unit member may request an extension of sick leave by applying to the Benefits Appeal Committee.

6. In accordance with federal law all bargaining unit members who meet qualifying criteria are eligible for up to 12 weeks of Family and Medical Leave annually.

7. Credit towards tenure or the completion of the probationary period will not accrue during any paid or unpaid sick or university-approved personal leaves of absence.

L. Family and Medical Leave

1. All eligible bargaining unit members are eligible for up to 12 weeks of Family and Medical Leave. Eligibility shall be interpreted by the Family and Medical Leave Act of 1993.

2. Eligible employees are able to take up to twelve weeks of leave to care for a newborn or newly adopted child, to recuperate from their own serious illnesses or to care for a seriously ill family member. For purposes of this policy, “family members” include: (1) the employee’s spouse, (2) the employee’s parent, (3) the employee’s natural or adopted child or dependent stepchild. Such leave may be paid or unpaid, in accordance with Temple University policy.

M. The parties shall establish a Joint Committee to explore and recommend establishment of enhanced child care policies.

N. Long-Term Disability

1. Bargaining unit members may purchase long-term disability benefits. The long-term disability benefit shall be 60 percent (60%) of the member’s monthly base salary to a monthly maximum disability benefit of $4,000, after six months of continuous service. Any bargaining unit member electing coverage shall contribute fifty percent of the cost of this coverage; Temple shall contribute the remainder.

O. Life Insurance

1. The non-contributory life insurance benefit shall be $18,000.

2. Eligible members of the bargaining unit shall be given the opportunity to purchase additional term life insurance at the prevailing rate equal to 1.5 times, 2 times, or 3 times their current salary up to a maximum of $300,000 (in addition to the non-contributory insurance). Such coverage shall be rounded up to the next thousand dollars. The amount of additional insurance coverage shall be increased automatically to take base salary increments into account on the effective date of such increments. After initial enrollment at the time of employment, any request for an increase in coverage must be submitted for approval to the insurance carrier with proof of medical evidence of insurability.

3. Employees who do not enroll for the additional coverage of 1.5, 2 or 3 times salary at the time of initial benefit election are subject to insurability provisions.

P. Pension

1. Tenured and Tenure-Track Faculty/ Librarians/Academic Professionals

a. Each bargaining unit member shall be eligible upon initial hire or during any June (effective July 1) or any December (effective January 1) to participate in a Defined Contribution Plan or Fidelity Investments). For the tenure-track faculty and clinician educators, as defined in Section XII of the Faculty Handbook as approved by the Board of Trustees of Temple University on June 29, 1995, who were employed as of October 15, 2004, Temple shall contribute 8.5 percent of the bargaining unit member’s base salary and the bargaining unit member shall contribute 4.5 percent of their base salary below the maximum for social security taxes into their individually vested retirement account in a defined Contribution Plan (TIAA-CREF or Fidelity Investments). Temple shall contribute 13 percent and the bargaining unit member shall contribute 5 percent of their base salary above the maximum for social security taxes into their individually vested retirement account in TIAA/CREF.

b. Temple shall make the payments each month to each bargaining unit member’s individually vested retirement account in a Defined Contribution Plan (TIAA-CREF or Fidelity Investments). All new participants in the Temple pension program shall have the university portion of their pension contributions vested after three years. Faculty and librarians who are recruited from other institutions and who were previously vested in a 403-b type plan shall be vested immediately upon enrollment in the university program.

2. Grandfathering of Nontenure-Track Faculty

a. All nontenure-track faculty who were hired prior to October 16, 2004 as “clinician educators” or as “special appointment faculty” and who were participating in the Defined Contribution Plan as of October 15, 2004 shall continue to participate under the same terms and conditions of their participation as existed on October 15, 2004.

3. Nontenure-Track Faculty Pension:

a. Nontenure-track faculty members may elect to participate in a defined contribution plan upon hire.

(i) Eligible faculty members who contribute 4.5% of base salary shall receive an employer contribution of 7% of base salary.
(ii) Effective July 1, 2020, eligible faculty members who contribute 4.5% of base salary shall receive an employer contribution of 7.5% of base salary.
(iii) Effective July 1, 2022, eligible faculty members who contribute 4.5% of base salary shall receive an employer contribution of 8% of base salary.

b. Vesting: plan participants shall vest in Temple’s Defined Contribution Plan after three (3) years of service.

c. Within six (6) months of ratification, the university will take the necessary steps to allow hardship distribution of employee funds in the 403(b) plan in accordance with IRS guidelines.

Q. Early Retirement

1. Any bargaining unit member who has had at least ten years of service at Temple and has reached at least age 55 can elect to go on early retirement at the age of 62 or later. The bargaining unit member must notify Temple in writing of the desire to retire early.

2. Upon delivery of the written request, the bargaining unit member may elect to accelerate both their contribution (if any) and Temple’s contribution in order that at the elected time of retirement, there will be additional contributions to the pension fund.

Acceleration Rate for Pension Contributions Each Annual Contribution is Increased to:
Age 55 12 years paid in 7 12/7 of stated rates
Age 56 11 years paid in 6 11/6 of stated rates
Age 57 10 years paid in 5 10/5 of stated rates
Age 58 9 years paid in 4 9/4 of stated rates
Age 59 8 years paid in 3 8/3 of stated rates
Age 60 7 years paid in 2 7/2 of stated rates
Age 61 6 years paid in 1 6/1 of stated rates

3. Any bargaining unit member choosing early retirement shall receive, from the date of retirement until age 67, the medical benefits comparable to those to which they would be entitled as a current full-time member of the bargaining unit, and term life insurance benefits, both non-contributing and contributing, at the level in existence at the time of early retirement.

R. Transition to Retirement for Faculty

1. Eligibility: Application to participate in the Transition to Retirement Program shall be strictly voluntary and shall be a benefit available to faculty who qualify based on the eligibility requirements.

a. Any full-time faculty member who is 62 years of age or older and who has a minimum of 10 years of service with Temple University shall be able to elect to participate in this Transition to Retirement Program.

2. Eligibility Period: Annually, eligible faculty shall be able to elect to participate in the Transition to Retirement Program by completing an election form and submitting the form to their Chair, Dean and to the Vice-Provost for Faculty Affairs. The Chair and the Dean shall make a recommendation to the Vice-Provost based on student/faculty scheduling needs. The Vice-Provost shall then forward the form (whether approved or not approved) to Human Resources and to the TAUP. A Dean making the recommendation not to approve the election shall communicate the decision and the reason for the decision to the faculty member as well as to the Vice-Provost. An election form must be received by December 31 in any given year for participation in the Transition to Retirement Program during the following fall semester.

3. Upon receipt of an approved election form, the Human Resources Department will schedule a time to meet with the faculty member and have the faculty member sign an agreement outlining the terms and conditions of the Transition to Retirement Program. Once the faculty member has signed the agreement, they shall have seven (7) days to revoke it. Thereafter, the agreement shall be irrevocable and the faculty member shall be required to retire as per the date reflected in the agreement. Exceptions shall not be made for any reason.

4. Retirement Transition: A faculty member who participates in the Transition Program will be eligible to carry a zero workload for either the fall or spring academic semester each academic year for a maximum of three (3) academic years: For purposes of the Transition to Retirement Program, the summer semester will not be included. The Dean shall be responsible for assigning workload; the faculty member shall be assigned a full workload that is both reasonable and fair for the semester in which they work. The Dean shall have discretion over the faculty member’s continued participation on committees.

5. The faculty member will receive fifty percent (50%) of their salary during this time period, spread out over twelve (12) months. All benefits shall continue during this transition period. Any benefit that is salary based shall be based on the adjusted salary. A faculty member participating in this transition program shall be eligible to receive the annual increases, including merit, and bonuses as per the collective bargaining agreement.

6. A faculty member may request to have the zero workload in either the spring or fall semester of the academic year. However, there is no guarantee of approval for the academic semester requested. The Dean shall make the final determination based on student/faculty scheduling needs. Where a faculty member has not been approved to have the zero workload for their requested semester, they may participate in the Transition Program for the first academic year approved by the Dean; they may then apply for a change to the semester for which they have the zero workload for the remaining years of the program participation. Any adjustment shall be in the sole discretion of the Dean and not subject to the grievance/arbitration provisions of the TAUP contract or other dispute resolution process. Where a faculty member chooses not to apply for an adjustment to the academic semester assigned, the schedule of full workload/zero workload or zero workload/full workload shall continue for the duration of the transition period.

7. Recruitment of Faculty: The university shall recruit faculty to replace faculty participating in the Transition to Retirement Program during the semester in which they carry the zero workload. The university may recruit/employ, in the university’s sole discretion, adjuncts, nontenure-track faculty and/or tenure-track faculty. The university, in its sole discretion, may decide the number, rank, type of faculty, appointing School or College, appointing department and term of appointment.

8. The university’s decisions regarding the faculty hired to replace faculty participating in the Transition to Retirement Program shall not be subject to the grievance/arbitration provisions of the TAUP contract or other dispute resolution mechanism. Faculty participating in the Transition to Retirement Program will count as one half (0.5) faculty member for the purpose of determining number of faculty for allocation or calculation of certain university benefits and/or programs (e.g., calculation of Sabbaticals).

9. Election of Retirement: Acceptance of a faculty member’s election to participate in the Transition to Retirement Program shall be at the discretion of the university based on departmental needs to ensure that every department within each school/college has the ability to meet academic and student needs. A decision to deny the election may not be grieved and shall not be subject to the grievance/arbitration provisions of the TAUP contract or other dispute resolution process.

10. A faculty member not approved for participation in the year in which they apply may reapply the following year.

11. The university may amend and/or modify the Transition to Retirement Program after discussion with and approval by TAUP provided such approval is not unreasonably withheld.

S. Liability Protection

1. Temple shall maintain coverage to insure bargaining unit members against liability claims or suits (including coverage against libel and slander claims) in connection with their responsibilities to Temple or at Temple. All such liability coverage shall be in an amount no less than $1,000,000 per incident.

T. Tuition

1. All full-time bargaining unit members hired prior to October 15, 2014, shall be entitled to full tuition remission for themselves and dependent children in accordance with university policy. Spouses of all full-time faculty are eligible for tuition benefits under this policy. Full-time bargaining unit members hired on or after October 15, 2014, shall be entitled to tuition remission for themselves immediately. Full-time bargaining unit members hired on or after October 15, 2014 shall be entitled to tuition remission for their dependent children and/or spouses of full-time faculty as follows:

a. Year one of service: 50% undergraduate tuition remission;
b. Years two and three of service: 75% undergraduate tuition remission;
c. Beginning the first semester following completion of (3) three years of service: 100% undergraduate tuition remission.
d. Effective with the 2021-2022 academic year, the university will enter into The Tuition Exchange. Based on their eligibility for benefits under Section T.1 of this Article, dependents of full-time bargaining unit employees will be eligible to participate.

U. Leave of Absence
1. If a bargaining unit member is granted a paid leave of absence, the university will continue the member’s benefits at the level prevailing while the member was working.

2. If a bargaining unit member is granted an unpaid leave of absence, the employee shall have the option of continuing their benefits at their own expense during the period of the leave.

3. Regardless of whether the leave of absence is scheduled, unscheduled, paid or unpaid, when the faculty member returns to work mid-semester or is scheduled to leave mid-semester, the Dean of the member’s College or School will determine if the faculty member should be assigned alternative duties on a temporary basis for any fraction of the semester that they would otherwise be available to teach.

V. Vision Care

1. All full-time members of the bargaining unit and their legally dependent spouses and children shall be enrolled in the Temple Vision Care Program.

2. Each eligible bargaining unit member and their legally dependent spouse and children shall be eligible for a twenty-five (25) dollar allowance in lieu of eyeglasses, for contact lenses every year.

W. Vacation Policy for Academic Professionals
Employees will receive their full entitlement of vacation at the beginning of each fiscal year beginning with the 2017/2018 year:

a. Existing Employees – L7 through L14 will be entitled to 15 days vacation.

b. Existing Employees – L15 through L17 will be entitled to 20 days vacation.

c. Existing Employees with more than 12 years of full-time service on July 1 will
be entitled to 20 days vacation.

 The above entitlements are advancements of vacation time to be earned during that fiscal year. Therefore, if an employee terminates and has used more vacation time than he/she has earned, he/she will reimburse the University for the used time that has not been accrued. Current time must be used in the fiscal year in which it is received.

3. Any academic professional who is presently receiving more generous vacation benefits shall continue to receive them.

X. Paid Leave for Academic Professionals and Librarians

1. An employee shall be granted up to four (4) days (including day after burial) funeral leave with pay for absence necessary to attend the funeral of a member of the employee’s immediate family. The following are considered members of an immediate family: spouse, father, mother, child, sibling and dependent stepchild.

2. An employee shall be granted up to three (3) days (including day after burial) with pay to attend the funeral of a father-in-law, mother-in-law, grandparent, grandchild or child of a sibling.

3. An employee shall be granted an absence of one (1) day with pay for attendance of the funeral of a sister-in-law or brother-in-law.

4. An employee shall make every effort to notify their supervisor prior to taking leaves. Temple reserves the right to demand proof of any death and relationship for which leave is taken.

Y. Domestic Partners

2. Domestic partners certified by Temple pursuant to university policy will be eligible for all health insurance benefits (medical, dental and vision) as well as non-health benefits that would otherwise be available to spouses of bargaining unit members. Children of certified domestic partners will be eligible to receive benefits on the same basis, pursuant to university policy, as the children of bargaining unit members’ spouses.

3. Bargaining unit members will make co-pays for university benefits for their certified domestic partners and any covered children that are the same as the co-pays made by bargaining unit members, their spouses, and their covered children.

Z. Bookstore Discount

4. Bargaining unit members shall continue to be entitled to discounts in accordance with the current practice.

AA. Employee Assistance Program

1. Temple University shall enroll all full-time TAUP bargaining unit members and their dependents/domestic partners in the Ceridian LifeWorks Employee Assistance Program. This program will provide unlimited phone calls by employees and family members for information and advice ranging from crisis intervention, family counseling, day-care resources, elder care concerns, substance abuse, financial concerns, legal advice, etc.; access to LifeWorks information and referral web-site; referrals to local certified and licensed providers for face-to-face counseling sessions (employees will have five (5) lifetime free counseling sessions per family member per issue); and support in the event of a critical incident and/or traumatic event at work.

BB. Work-Life Balance

1. Full-time bargaining unit members are eligible for paid medical leave for the birth of a child for the period of time during which the bargaining unit member is medically unable to perform the duties of her job, in accordance with Article 23, section K.

2. A tenured or tenure-track faculty member who is the primary caregiver to a child five years of age or less who is newly arrived to their home will be entitled to the elimination of teaching duties for up to one academic semester without any reduction in pay. The faculty member must file a Request for Tenured or Tenure Track Workload Modification – Work Life Balance within six (6) months from the date of birth, adoption or placement of a foster child into the primary caregiver’s household. The semester from which the faculty member is relieved from teaching duties must end within twelve (12) months of the child’s arrival into their home.

a. Where two faculty members may be considered as primary caregivers, only one will be entitled to the reduction in teaching responsibilities per child.
b. Relief from teaching is not a leave of absence; the faculty member is expected to meet other normal departmental and university responsibilities including research, advising, and committee membership.
c. The Chair/Dean will not authorize assignment of additional duties during this period.

3. A tenure-track faculty member may request a one year extension to the tenure clock for:

a. The birth of a child, the adoption of a child, or the placement of a child five years of age or less in foster care into the faculty member’s household.
b. A serious health condition of the faculty member.

4. The faculty member requesting an extension for one of the above reasons will provide a written request with justification to their Chair, Dean and the Senior Vice Provost for Faculty Development and Faculty Affairs. The Provost will make the final determination regarding the approval of extension requests. A maximum of two one-year extensions may be approved for all purposes in accordance with Article 12 section D.

5. Maternity Leave. Librarians are entitled to maternity leave in accordance with the FMLA and university. All time spent on leave under this provision will run concurrently with FMLA and/or university leave per university policy. The university will establish a sick leave donation bank for use by librarians who have given birth subject to the terms below. A librarian who has given birth also may elect to use scheduled time off (STO) during an approved leave of absence for the birth subject to the terms below.

6. Request for Leave

a. A librarian who wishes to use leave from the sick leave donation bank, if available, must submit a written request to do so to the Library Director for Finance and Administration and Absence Management at the time of the leave approval and in no case less than 60 days prior to the anticipated start of the approved leave

b. A librarian who wishes to use STO for maternity leave must notify the Library Director for Finance and Administration and Absence Management at the time of the leave approval and in no case less than 60 days prior to the anticipated start of the approved leave.

7. Sick Leave Donation Bank
a. Only librarians are permitted to donate to the bank or receive leave from the bank. The bank may be used for maternity leave only.
b. Librarians may donate up to 35 hours of sick leave per fiscal year. Donations may only be made during the month of July each year. All donations must be made in 7 hour increments.
c. All donations to the bank are irrevocable.
d. Librarians may use up to 4 weeks (140 hours) of leave from the bank when they give birth to a child, up to the amount of hours available from the bank. Any leave from the sick leave donation bank may be used only after the employee has exhausted all of their own sick leave for which they are eligible. In no case shall the amount of sick time used, including leave from the sick leave donation bank, exceed the amount permitted under university sick leave policy.
e. Leave from the bank may only be used in a continuous block following the birth of a child and cannot be used intermittently.
f. The librarian will use leave in the following order: all sick leave for which the employee is eligible in accordance with the Sick Leave policy, donated leave from the sick leave donation bank, STO (if elected), any other paid leave the employee has available.
g. Requests for sick time from the sick leave donation bank will be approved based on the hours available at the start of the leave. Requests will be granted in first come, first used order.

8. Use of STO for Maternity Leave

a. The librarian may choose the amount of sick time she would like applied to the beginning of the leave, unless the employee is approved to use sick leave from the sick leave donation bank in accordance with paragraph 2. In no case shall the amount of sick time used exceed the amount permitted under university sick leave policy. STO time will be applied after sick time. Any additional leave time will be administered in accordance with university policy.

b. The commencement of the 12-month period during which the leave and STO are taken shall be in the discretion of the library administration, taking into account the librarian’s preference and operational needs. Other librarian schedules may be adjusted to ensure full library operations during this period.

c. Librarians whose regular annual schedule does not include 4 weeks of scheduled time off (STO) and who have been approved for a maternity leave may elect to change their annual schedule to include 4 weeks of STO to be used in conjunction with their maternity leave during the 12 month period in which the leave occurs.
(1) The librarian’s salary will be reduced by 9.6% during the 12 month period in which the leave occurs. At the end of the 12-month period, the librarian’s salary will be returned to the amount of salary earned prior to the leave plus any scheduled increases.

d. Librarians whose regular annual schedule does include 4 weeks of scheduled time off (STO) and who has been approved for a Maternity Leave may elect to schedule her STO during the approved leave of absence.

(1) The librarian will receive no further reduction in pay during this period.

ARTICLE 24
UNIVERSITY SUPPORTED RESEARCH

A. Sabbaticals

1. Sabbaticals shall be authorized annually for the tenured and tenure-track faculty at the rate of one (1) per seven (7) faculty members or fraction thereof. The Provost may increase the number of available sabbaticals in their discretion.

2. The Provost will notify the faculty annually of the number of sabbaticals available and encourage applications for sabbaticals.

3. The purpose of sabbaticals shall be to pursue professional development, to conduct research and/or creative activities, and/or to develop methods and materials to improve teaching and curricula with the outcome of increasing the individual’s future contribution to the university. In awarding sabbaticals, Temple may take into account the applicant’s recent performance in scholarship and, where the sabbaticals propose significant innovations in teaching, recent performance in teaching. The products resulting from previous sabbaticals and any reports on those sabbaticals may also be considered in evaluating applications for sabbaticals. Sabbaticals are awarded only for meritorious proposals, and there is no duty by Temple to award all sabbaticals if there are not a sufficient number of meritorious proposals.

4. The appropriate college committee shall review all applications for sabbaticals and forward all applications and recommendations to the Dean. The Collegial Assembly shall specify the appropriate committee to review sabbatical applications. The Collegial Assembly shall ensure that at least one NTT faculty member is on any such committee evaluating NTT faculty members for sabbatical.

5. Applications for sabbaticals shall be forwarded to the Dean of each college following review by the appropriate committee of the college. The dean shall forward to the Provost or other designated university officer all sabbatical applications along with their recommendations.

6. The Provost or other designated university officer will consult with a university Sabbatical Committee consisting of 13 faculty members from the TAUP bargaining unit. Seven (7) members shall be selected by the Provost and six (6) members shall be selected by the Faculty Senate. Of the six (6) selected by the Faculty Senate, at least one (1) shall be an NTT faculty member. To maintain disciplinary breadth and diversity on the committee, no more than one (1) faculty member per school or college may be selected by the Faculty Senate to serve at one time. The committee shall recommend to the Provost or other designated university officer which sabbaticals should be awarded. The Provost shall then award sabbaticals in their discretion.

7. A faculty member on the tenure-track, but not yet tenured, may apply for a sabbatical to be taken in the fourth or fifth year of full-time service at Temple. If a tenure-track faculty member’s probationary period has been extended, their time to apply for a sabbatical will be adjusted accordingly. Temple shall endeavor to award sabbaticals to tenure-track faculty in at least the proportion that eligible tenure-track faculty are to the tenured and tenure-track faculty group when the number of sabbaticals is calculated each year.

8. Temple shall endeavor to award all sabbaticals that are available in each year, but it is not obligated to award sabbaticals that do not meet the criteria stated in Section 3 above.

9. A tenured or tenure-track faculty member who receives a sabbatical shall not be eligible to apply for another sabbatical until they have accrued six (6) additional years of service at Temple, not including any unpaid or paid leaves. A faculty member with fewer than six (6) additional accrued years of service at Temple nonetheless may apply, provided that they have secured the prior approval of their dean or the Provost. If all sabbaticals for eligible faculty are not used in a particular year, then those with fewer than six (6) years accumulated after their last leave who have applied after obtaining approval from the dean or Provost will be considered at the Provost’s discretion.

10. A tenured or tenure-track faculty member who has accrued the required years of service to earn a sabbatical, but would like to postpone their sabbatical or application for up to two (2) years, may make a request in writing to their dean. If Temple agrees to the postponement, the year of the postponement shall continue to accrue toward future sabbaticals. The dean also may request that a faculty member who has accrued the required years of service to earn a sabbatical postpone their sabbatical for up to two (2) years during which time they will continue to accrue toward future sabbaticals.

11. Sabbaticals taken by tenure-track faculty will not stop the tenure clock.

12. A faculty member on sabbatical for a full year shall receive sixty-five percent (65%) of annual salary and all usual benefits. With the approval of the dean, faculty members on a full-year sabbatical are permitted to earn from external sources an amount equivalent to thirty-five percent (35%) of their annual university salary. Faculty are not permitted to earn more than one-hundred percent (100%) of their annual university salary while on full-year sabbatical except with written approval of the Provost.

13. A faculty member on sabbatical for one semester shall receive full salary and all usual benefits. With the prior written approval of the Dean, a faculty member on a one semester sabbatical shall be permitted to spend one day per calendar week engaged in external consultation. Such consultation shall be conducted in accordance with the outside compensation provisions of this agreement

14. Nontenure-track faculty who have completed ten (10) years of full-time service at Temple shall be eligible to be considered for a sabbatical. In each year, the number of sabbaticals made available shall be equal to ten percent (10%) authorized at the rate of one (1) per ten (10) of the eligible nontenure-track faculty members. Nontenure-track faculty members who have accrued more than six (6) years of full-time service nonetheless may apply, provided that they have secured the prior approval of their dean or the Provost.

15. A nontenure-track faculty member who receives a sabbatical shall not be eligible to apply for another sabbatical until they have accrued ten (10) additional years of service at Temple, not including any unpaid or paid leaves. A nontenure-track faculty member with fewer than ten (10) additional accrued years of service at Temple nonetheless may apply, provided that they have secured the prior approval of their dean or the Provost. If all sabbaticals for eligible nontenure-track faculty are not used in a particular year, then those with fewer than ten (10) years accumulated after their last leave who have applied after obtaining approval from the dean or Provost will be considered at the Provost’s discretion.

16. Sabbaticals shall be awarded to nontenure-track faculty through the same process and based upon the same criteria as for tenured and tenure-track faculty.

17. The percentage of salary and provision of benefits for sabbaticals for nontenure-track faculty shall be the same as for tenured and tenure-track faculty.

18. No sabbatical from the pool available for tenured and tenure-track faculty shall be awarded to nontenure-track faculty, and vice versa.

19. Any faculty member on sabbatical may supplement the compensation received from Temple with fellowships or grants held through Temple that support the project or activities set forth in the faculty member’s sabbatical proposal, but any such compensation shall conform to the regulations of the fellowship or granting agency and shall not in combination with the compensation from the sabbatical exceed one-hundred percent (100%) of the faculty member’s regular Temple salary. Except as provided in the preceding provisions, a faculty member may not, without approval of the Provost or other designated university officer, engage in activities that produce earned income, either from services rendered or otherwise, while on sabbatical from Temple. The Provost or other designated university officer shall issue guidelines setting forth the circumstances under which a faculty member will be permitted to receive such earned income while on sabbatical. As a general principle, the faculty member is expected while on sabbatical to devote their full time and effort to carrying out the project described in their sabbatical proposal.

B. Prestigious Fellowships and Awards

1. When a full-time faculty member receives a prestigious external fellowship, or award and Temple grants an unpaid leave for the purpose of pursuing the activities described in this award, Temple shall provide full benefits throughout the leave. The collegial assembly of each school and college shall make a recommendation to the Dean regarding which fellowships and awards should be considered “prestigious” within each discipline. The Dean will consider the recommendation and make a final determination.

2. In cases where such fellowships or awards cover only part of the faculty member’s salary, Temple shall pay as a supplement an amount of money to bring the faculty member’s compensation to 100% of their base pay for the academic year in which the leave is taken.

3. Faculty members granted leaves as described in this section will be ineligible to take additional leaves under this Article for a period of one (1) year following the conclusion of the leave. During this period of ineligibility, time will continue to accrue toward future sabbaticals.

C. A faculty member who is granted a sabbatical or leave described in this Article will be required to return to their position at Temple for at least one year.

D. Summer Research Awards

1. There shall be 35 faculty awards annually.
a. Each award shall carry a $7000 stipend.

2. The selection process shall remain unchanged.

ARTICLE 25
PERSONNEL FILES

A. Each School/College shall designate a file within the School/College/Department as the official personnel file for each adjunct faculty member. The contents of this file shall include, at minimum, appointment letters for all appointments following ratification of the 2017 agreement and any CV or other professional information provided to the department. It shall also include any of the items listed below in Section D, if they exist. It shall not include TAUP membership information.

B. Paragraphs C through J of this Article shall apply to adjunct personnel files.

C. Temple shall maintain one official personnel file for each of its bargaining unit members.

D. The personnel file shall include but not be limited to:

1. Personal data similar to that on the university Employee Data Form. Records related to employment status, benefits, and payroll will be maintained by Temple as needed;

2. Documentation of the existence and availability of information related to the employee’s academic and professional accomplishments submitted by the individual and placed in the file with the approval of the Dean or appropriate administrator. Such approval shall not be unreasonably withheld;

3. Records generated by Temple relevant to employment history and personnel decisions affecting the individual’s compensation and/or employment status;

4. Memoranda of discussions, if they exist, between the employee and their Department Chairperson or supervisor relating to evaluations of the employee’s professional performance signed by both;

5. Observation reports of the employee’s professional performance signed by the observer and the employee;

6. Written material concerning appointment, reappointment, promotion, tenure, completion of the probationary period, and merit increases.

E. Anonymous material and material irrelevant to the professional progress of the individual and material known to be false shall not be included.

F. Material deemed to be derogatory toward an individual’s professional conduct, service, or character shall not be placed in the personnel file without first being shown to the individual involved.

G. Material placed in the official file will be date-stamped, i.e., the date on which it is entered in the file.

H. Copies of memoranda of transmittal for promotion and tenure shall be included in the official personnel file.

I. Within five days of receipt of written request to the responsible individual, the employee shall have access to the file with the exclusion of pre-employment material. Such access shall be only in the presence of someone in authority in the office, but the employee may invite one other bargaining unit member to accompany them The text of peer evaluations will be available to the employee, minus identification of the individual who wrote the evaluation.

J. If a bargaining unit member alleges that some of the contents in their file are false, they may place a brief statement to that effect in the personnel file.

K. The file shall, upon request, be open to duly authorized personnel who are charged with responsibility in the areas of evaluation, promotion, tenure, probation, reappointment, or the processing of grievances.

L. In the event that a file is subpoenaed in accordance with the law, notice shall be sent to the bargaining unit member before examination of the file takes place.

ARTICLE 26
SAFETY AND HEALTH

A. Temple agrees to continue to make reasonable provisions for the safety and health of bargaining unit members in pursuit of their university recognized professional responsibilities. Temple and TAUP agree to meet and discuss regularly concerning safety and security issues.

B. All bargaining unit members have a responsibility to comply with existing health and safety standards, procedures and regulations; to attend training sessions on safety and health-related matters required by applicable laws or Temple policy; and to ensure that the employees and/or students they supervise demonstrate safe work practices and have received appropriate safety training. In addition, all bargaining unit members have a responsibility to refrain from actions that will damage or destroy Temple property or endanger the health, safety and welfare of other persons, or that would expose Temple to legal risk.

ARTICLE 27
MAINTENANCE OF STANDARDS

A. All benefits or contractual salary benefits (except as herein modified, amended, or canceled) in existence on the date of the signing of this Agreement shall be continued.

B. The current practices with respect to university patent policy shall not be altered during the term of this Agreement without the approval of both the Faculty Senate and Temple.

ARTICLE 28
MEET AND DISCUSS CONFERENCE

A. Representatives of Temple and representatives of TAUP shall confer at least once each semester to consider problems concerning this Agreement and other matters of mutual concern. The parties shall agree upon a date for such a conference that shall be mutually convenient and each party shall, within at least ten days of such date, submit to the other party a list of topics to be included on the agenda of the conference. Memoranda of Agreement may be signed at these conferences to interpret, implement, or make minor modifications in this Agreement.

ARTICLE 29
AGREEMENT CONSTRUCTION

A. The Article or paragraph titles throughout this Agreement are merely editorial identifications of their related text and do not limit or control that text.

ARTICLE 30
SAVINGS CLAUSE

A. It is understood and agreed that all agreements herein are subject to all applicable laws now or hereafter in effect; and to the lawful regulations, rulings and orders of regulatory commissions or agencies having jurisdiction. If any provision of this Agreement is in contravention of the laws or regulations of the United States or of the Commonwealth of Pennsylvania, such provision shall be superseded by the appropriate provision of such law, or regulation, so long as the same is in force and effect; but all other provisions of this Agreement shall continue in full force and effect.

B. If, at any time thereafter, a provision once declared invalid shall be valid, then the provision as originally embodied in this Agreement shall be restored in full force and effect.

ARTICLE 31
DURATION OF AGREEMENT

A. This Agreement shall be effective as of October 15, 2019 and shall continue in full force and effect up to and including October 15, 2023.

B. It shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing at least 90 days prior to the expiration of this Agreement.

IN WITNESS THEREOF, the parties hereto set their hands:
Temple University
Sharon Boyle
Kevin Delaney
Susan Smith
Monica Washington

T A U P Temple Association of University Professionals Local 4531
Steven Newman
Jennie Shanker
Norma Corrales-Martin

SIDE LETTERS

1. Health Insurance: Nontenure-track faculty eligible for health insurance shall have the plan and coverage level elected continue through August 31, provided that their employment is not explicitly terminated prior to that date.

2. Intellectual Property: This section shall not govern matters covered by the university’s Invention and Patent Policy.

a The university and TAUP agree to meet and discuss regarding issues related to copyright.

3. Union Business: Temple and TAUP hereby agree that Temple shall provide no more than fifteen (15) contact (semester) hours of release time each semester for members of the TAUP bargaining unit for such TAUP activities as the processing of grievances and the implementation of the Temple-TAUP contract. One contact hour for a faculty member shall normally be one semester hour course credit; its equivalent for librarian or an academic professional shall be two hours per week for six months. Release time shall not be applied in a manner that would result in any faculty member’s being excused from all classroom teaching responsibilities.
Effective with the 2021-22 academic year, no more than six (6) credit hours of the fifteen (15) total hours of release time per semester will be provided by any one school/college. However, TAUP can request up to three (3) additional credit hours from a school/college, which shall be counted towards the fifteen (15) total credit hours on the condition that TAUP compensate that school/college at the average adjunct wage at the faculty member’s rank in that college/school.

a The assignment of release time by TAUP to its members shall be subject to the approval of the appropriate Dean, Vice-Provost for Libraries, or appropriate budget unit head for academic professionals. This approval shall not be unreasonably withheld.

4. Office Space: Temple shall continue to provide to TAUP, without charge, office space on the Broad and Montgomery campus comparable in size and convenience to that now occupied by TAUP.

5. Long-Term Disability: TAUP and Temple agree that for the purposes of Article 13, Section B, just cause shall include disabilities which prevent satisfactory performance of service with or without accommodation and result in the faculty member’s being on unpaid long term disability (inactive pay status) of over one year’s duration. The position (or an equivalent one in the department) of a tenured faculty member who is terminated for adequate cause under this provision shall not be filled for the period of eighteen months following termination unless the released faculty member has been offered re-employment in a tenured position (with at least previous rank and salary) and at least one month with which to accept or decline, provided that the faculty member can satisfactorily perform the work required.

a This memorandum remains in force and provides that a tenured faculty member who goes onto long-term disability in excess of one year’s duration can be terminated after an additional period of eighteen (18) months. Therefore, tenured faculty members cannot lose their right to return to their position until they have been out on sick leave and disability for a total of thirty-six (36) months. At that point, they have lost all return rights.

6. Timetable for Receipt of Information: Information shall be provided in electronic form (Excel Worksheet) as well as on paper when more than 10 members are affected. (See Pages 85-86 for Timetable grid.)

7. Joint Statement of Commitment to Tenure and the Tenure-track: TAUP and Temple shall express their joint commitment to tenure and the need to have a sizeable complement of tenured and tenure-track faculty in a high-quality research university. On or about November 1st of each year, Temple shall provide TAUP with a report on current faculty searches, including their number, distribution among departments and colleges and distribution by faculty classification, the number of successful searches completed in the past year compared to the number of searches conducted, the number of retirements and resignations among the faculty during the year, the number of nontenure-track faculty each year in each classification, and the number of part-time/adjunct faculty teaching in colleges and schools in the bargaining unit.

8. Tenure and Promotion Guidelines: Temple will issue guidelines for tenure and promotion at the university level and at the College/School level.

9. Non-Waiver of Positions on Grievance/Arbitration of Denial of Promotion: By making or withdrawing proposals during the course of negotiations, neither Temple nor TAUP has waived its position on whether denials of promotion are subject to the grievance and arbitration provisions of the Collective Bargaining Agreement.

10. Insubordination: “Insubordination” as used in Article 13 is not intended to refer to vigorous and respectful debate.

11. Librarian Probation and Promotion: Temple and TAUP agree to establish a joint committee to develop specific criteria for promotion to the various grade levels and for completion of the probationary period for librarians. (See Article 18).

a Work Option for Librarians: In keeping with the intent of the Collective Bargaining Agreement while also enabling the Library to budget appropriately, the university has proposed the following:

b Offering librarians a one-time opportunity to elect a 9.6% increase in their base pay rather than the additional four weeks of “scheduled time off” The election will be totally voluntary on the part of the Librarians and would take effect July 1, 2006.

c Any Librarian that elects this alternative will have this money added to their base pay, and all base benefit calculations including pension will be made with the inclusion of this increase.

d This election will stay in effect until such time as the Librarian may determine that they would prefer the four weeks of “scheduled time off” over the pay; such a reversion to the four weeks “scheduled time off” would be effective at the start of the fiscal year immediately following. At such time, the Librarian’s pay will be reduced by the appropriate amount (8.76% of the increased base pay rate).

e For those Librarians electing this choice, an annual election will not be necessary unless the Librarian determines that a change is desired. However, each spring when Temple schedules the four-week time off for Librarians for the upcoming year, all Librarians who have elected to work and receive pay for the four weeks will be reminded that they have a right under the Collective Bargaining Agreement to take the four weeks in lieu of the increased pay.

f The terms of Article 18, Section A.3 of the Collective Bargaining Agreement will continue to remain in effect.

g The university reserves the right to discuss with TAUP at some future date the opportunity for another such election.

12. Librarian Promotion to L4: No later than four (4) months following the ratification of this Agreement, the Academic Assembly of Librarians (AAL) will make a recommendation to the Dean regarding suggested requirements for achieving L4 level. This recommendation must establish an exceptional level of achievement in the context of a major university and may recognize differences in individual librarian roles. The Dean shall consider the recommendation and, within five (5) months of the receipt of the recommendation, provide the AAL with preliminary written guidelines for the requirements and achievements necessary for promotion to L4. The AAL will have one (1) month to review and provide to the Dean comments on the preliminary guidelines. The Dean shall review the comments within two (2) months of receipt and provide the AAL with final written guidelines for the requirements and achievements necessary for promotion to L4.

13. Employee Orientations: Temple University agrees that when new employee orientations are coordinated, TAUP shall receive a list of new bargaining unit members scheduled to attend the orientation, including name, department, and contact information. TAUP will receive this list at least two (2) weeks prior to the orientation sessions when feasible. Temple will also assist TAUP in reserving rooms in which to meet with new employees.

14. Work-Life Balance Nontenure-Track Faculty: After three (3) consecutive years of service, a nontenure-track faculty member may request flexibility due to circumstances covered by the Work-Life Balance provision (Article 23, Section BB) of the collective bargaining agreement. Flexibility may include, but is not limited to, adjustments to work assignments or scheduling.

a The Dean, in their sole discretion, will determine whether to grant the request. The nontenure-track faculty member may request a review by the Office of the Provost, whose decision will be final. TAUP will be notified of any case that is reviewed by the Office of the Provost. Neither the decision of the Dean nor that of the Provost will be grievable or arbitrable.

15. Work-Life Balance – Tenure-Track Faculty: A tenured or tenure-track faculty member may request flexibility in research and service due to circumstances covered by the Work-Life Balance provision (Article 23, Section BB) of the Collective Bargaining Agreement. The Dean will make the final determination regarding the ability to provide flexibility in assignment; however, the tenured or tenure-track faculty member may request a review by the Office of the Provost. The Provost’s decision will be final. TAUP will be notified of any case that is reviewed by the Office of the Provost at the request of a tenured or tenure-track faculty member. Neither the decision of the Dean nor that of the Provost will be grievable or arbitrable.

16. Life Insurance: TAUP agrees that the past practice of providing bargaining unit members with $2000.00 life insurance upon election of participation in the university’s Post-Retirement Medical Program will be discontinued for any new faculty electing to participate after May 1, 2006. Any TAUP bargaining unit member who has previously enrolled in this program will continue to receive this benefit, providing they continue to participate in the program for the required ten-year period.

17. Workload: The university understands that members of the collegial assembly in each school/college may work to formulate proposals for school/college workload guidelines. The Dean shall review, consider, and respond to any proposals in a timely fashion.

18. Additional Employee Classifications: Absent negotiation and specific agreement, it is understood that no provision in this collective bargaining agreement shall apply to any employee classification added to the bargaining unit after the date of ratification.

19. Nontenure-Track Faculty Promotion Guidelines:. The university will post the guidelines per Article 16.D.1 on the Vice Provost for Faculty Development and Affairs website.

20. Academic Freedom: As it applies to all faculty in the bargaining unit, the parties disagree with respect to the grievability and arbitrability of the Preamble and the statement regarding academic freedom contained therein. The parties acknowledge that there has never been a grievance or arbitration addressing the grievability/arbitrability of the Preamble or with regard to the substance of the Preamble.

21. Arbitration: In no case shall a remedy to arbitration for faculty members include the obligation to provide an additional appointment.

22. Adjunct Appointment Letters and Parking Benefit. The parties agree that as referenced in Article 17 (1) e., adjunct faculty appointment letters will include a web link to the Adjunct Faculty Handbook, the Adjunct online orientation and the Adjunct Policy.
The letter will note that information regarding working as an adjunct at Temple, including planning and teaching courses, available resources including professional assistance for adjuncts and details regarding such things as complimentary parking and textbooks at no cost can be found at these sites. Should the university choose to make changes to the Handbook or Policy, Temple will inform TAUP at least 30 days in advance of implementation. TAUP may request a meeting to discuss any changes at any time before implementation.
Complimentary parking for adjuncts, including the existing policy regarding accommodation for those with disabilities to secure convenient parking, will remain in effect for the duration of the agreement.

23. Merit for Research NTTs. It is the shared understanding of Temple University and TAUP that the full-time non-tenure track faculty who are compensated 100% on grants will have any approved merit applied to base pay. If any current grant funding is insufficient to compensate the faculty member for the merit increase, the difference shall be paid by the school/college.

24. Academic Professionals.

a Beginning with the merit process to commence AY20-21, the university will establish an electronic process by which the performance development system can be used for submission of accomplishments to be considered for merit. This process will be aligned with the timing of the merit process. The guidelines developed for this process in accordance with Article 22.D.5 will normally include recommended ranges of merit units that may be awarded.

b Within ninety (90) days of the ratification of this agreement, Temple shall offer a meeting to Academic Advisors within CLA to provide information regarding the different classifications of advisors and the requirements of each role.

25. Job Postings. Within six (6) months of ratification, the university will develop a method for posting full-time faculty openings through its applicant tracking system. The system will also allow for individuals to establish profiles and email alerts for positions for which they are interested.

26. Office Space Committee. The Adjunct Office Space Committee will continue as the Office Space Committee, to explore recommendations in relation to the lack of adequate work space or related resources necessary for CBU members to do their jobs.

27. NTT Job Responsibilities. After the ratification of the contract, the parties will meet for discussions in an attempt to resolve union concerns under Article 16, Section A, in a manner which also addresses administration needs with a focus on NTT job responsibilities in Fox and CPH.

28. Academic Professionals and Program Directors. In withdrawing proposals related to academic professionals and program directors, Temple does not waive its right to challenge the appropriateness of the inclusion in the bargaining unit of academic professionals and “program directors” and other roles in which faculty may perform managerial duties. TAUP reserves its right to contest any attempt to challenge the inclusion of these members