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MnSCU-IFO Master Agreement 1999-2001
ARTICLE 21
Appointment of Faculty
Section A.
Notice of any vacancies in the Minnesota State Universities shall be
made known to the faculty by means of posting on bulletin boards designated
for such purposes, shall be included in the university/President's newsletter
and shall be sent to the IFO simultaneously with any other publication
of the vacancies. Notification to faculty who are not successful applicants
shall be sent prior to the announcement of the name of the successful
applicant.
When new faculty positions are created or faculty vacancies exist, such
positions shall be advertised in accordance with the above paragraph.
Prior to making an appointment, the President/designee shall involve the
department in evaluating academic credentials of the candidates and in
making recommendations to the President/designees concerning the candidates
for the vacancies. When a faculty vacancy exists because of resignation,
retirement, death or transfer, the President/designee shall consult with
the affected department or program.
Section B. Appointment Date.
All full-time faculty members whose appointments are effective after
the beginning of the academic year shall, for the purpose of reappointment,
promotion, or completion of probationary period, be considered as having
begun service at the beginning of that academic year. This provision shall
apply to all current and future probationary and tenured faculty members
and shall not apply in the calculation of seniority.
Section C. Information.
Prior to being offered a probationary or fixed-term faculty position,
a person shall be provided a copy of the MnSCU/IFO Agreement, as well
as information concerning rank and step placement. Adjunct and community
faculty members shall be provided a copy of the Agreement after being
hired. Information concerning insurance benefits and effective dates shall
also be provided.
Section D. Initial Assignment to Rank.
Qualifications for initial assignment to faculty rank are to be as follows:
Professor: Earned doctorate or other appropriate degree, plus
ten (10) years of collegiate-level teaching or related experience.
Associate Professor: Earned doctorate or other appropriate
degree, plus seven (7) years of collegiate-level teaching or related
experience.
Assistant Professor: Earned doctorate or other appropriate
degree.
Instructor: Appropriate preparation.
Normally, no faculty member may be assigned to a rank more than one
(1) level below that for which he/she is qualified. In each instance,
the President shall establish what constitutes appropriate experience
and appropriate degrees for the purpose of assignment to rank.
Section E. Appointment.
Appointments shall be one of the following seven (7) types:
Subd. 1. Fixed-Term Appointments.
- Definition. A fixed-term appointment is an appointment for a limited
period of time and is to be used only when the position to be filled
is clearly of a temporary nature or when a permanent position needs
to be filled for a temporary period. Positions extending beyond four
(4) years shall not be considered "temporary."
- Length. Normally, a fixed-term appointment shall not exceed twelve
(12) months in duration. The President shall provide a written explanation
to the local Faculty Association when a fixed term appointment exceeds
twelve months. The President may offer appointments up to a maximum
of four (4) years when such an action is deemed to be in the best
interests of the university. Fixed-term employment terminates at the
end of the appointment period and carries no implication for future
employment.
- Exceptions.
- After meeting and conferring the President may appoint a faculty
member to serve in a fixed-term capacity for more than four consecutive
years as a replacement for faculty members on leave or temporarily
reassigned from teaching duties, or for other reasons that are
in the best interest of the university. This exception includes
assignments to teach similar courses for different positions in
the department/unit.
- Where positions are financed from external sources and the financing
extends beyond an initial three- (3) year period, persons holding
such positions will have employment for the subsequent year unless
notified by March 15 of the year of employment if the position
is being terminated due to budget reductions. If a person holding
such a position is terminated based on a performance evaluation,
notification shall be given no later than the last day of the
academic year, and the following year shall be the terminal year
of the appointment. For purposes of this agreement, funding for
Akita shall be considered as funding from an external source.
- Visiting Professor. Nothing in this Section shall preclude
the Administration from designating a faculty member on a fixed-term
appointment as a Visiting Professor.
Subd. 2. Non-Tenure Track Appointments.
- Definition. A non-tenure track appointment is a continuing appointment
initially offered prior to July 1, 1989 which does not possess the
right of tenure.
- No additional non-tenure track appointments shall be made.
- An existing non-tenure track appointee will have employment for
the subsequent academic year unless notified otherwise by March 15
of the year of employment if the position is being terminated due
to budget reductions or internal reallocations. Such a notification
shall not be subject to the grievance procedure.
- Service in an existing non-tenure track appointment shall not lead
to tenure in that appointment.
Subd. 3. Adjunct Appointments.
- The administration and the IFO recognize that circumstances may
dictate that faculty tasks cannot be accomplished within the workload
of permanent faculty, including overload. When the President/designee
determines that such conditions exist he/she may authorize adjunct
appointments in accordance with the following principles:
- To meet temporary staffing needs due to enrollment increases
for which normal full funding is not provided.
- To meet temporary staffing needs when faculty are reassigned
to other duties or who are on sabbatical or on other leaves of
absence.
- To teach courses requiring special expertise and/or to meet
special programmatic needs of departments where such expertise
and needs cannot otherwise be provided by the faculty within the
department.
- Duration. The appointment terminates at the end of the stated period
and carries no implication of future employment.
- Qualifications. An adjunct will have a master's degree, specialized
licensure or other special preparation or experience.
- Assignment/Workload. An adjunct faculty member shall not teach
more than ten (10) credits in any one (1) academic year.
- Hiring Procedure. The President/designee shall consult with the
department concerning the need for hiring adjuncts. The department
shall be responsible for evaluating the academic credentials of the
candidates and making recommendations to the President.
Subd. 4. Community Faculty Appointments.
See Article 10, Section J.
Subd. 5. Athletic Appointments.
See Article 10, Section G.
Subd. 6. Probationary Appointments.
- Definition. A probationary appointment is for a stated term and
is designed to lead to tenure. During such term the appointee is being
evaluated in accordance with Article 22 for
purposes of determining whether an appointment with tenure shall be
offered in accordance with Article 25 not later
than the end of the stated term. Probationary appointments may be
for one (1) year or other stated periods and may be terminated prior
to the end of the stated term subject to the conditions in Articles
24 and 25.
- Length. The total period of probationary service
prior to the acquisition of tenure shall not be less than one (1)
year in the university and shall not exceed five (5) years of full-time
equivalent service. For those persons who, because of prior part-time
service, reach four (4) FTE years of service during the academic year,
the probationary period shall end at completion of that academic year.
- Computation. The probationary period shall
include all tenured, probationary, non-tenure track, except as provided
in Subd. 6.b., and fixed-term employment served within the previous
twelve (12) years in the faculty member's university together with
such previous higher education service in other institutions up to
a maximum of four (4) years if approved in writing by the President
at the time of initial employment. If the service which will be counted
is from a higher education institution outside the Minnesota state
universities, the prospective faculty member will be advised of his/her
right to have a probationary period of five (5) years in length, and
that accepting a shortened probationary period at the time of hire
is a waiver of that right. Faculty members accepting shortened probationary
periods shall sign a waiver of the right to the full five (5) years.
Where a shortened probationary period is accepted, notice of such
acceptance shall be conveyed to the department and to the Association.
The computed probationary period shall include a probationary appointment
immediately prior to the granting of tenure. For individuals who were
previously tenured in any university in the System and whose rehiring
rights have expired after layoff, appointment to a position after
retraining shall include a probationary period not to exceed two (2)
years. Notice of termination of appointments will be given in accordance
with the relevant provisions of Articles 23
and 25. However, fixed-term employment financed
by monies received from an outside jurisdiction or agency which may
terminate such funding in a manner beyond the control of the Employer
shall not be counted in computation of the probationary period, except
as otherwise approved in writing by the President.
Subd. 7. Tenured Appointments.
- Definition. An appointment with tenure is an appointment granted
by the Employer upon successful completion of the probationary period
specified in Subd. 6.c. hereof. Appointment beyond the completion
of the specified probationary period because of an arbitrator's award
or because of clerical error shall not carry with it the award of
tenure. Faculty members who hold tenure at the time of execution of
this Agreement shall be deemed to have tenure under this Agreement.
Tenured appointments are for an indefinite period of time and individuals
holding such appointments are automatically reappointed annually unless
terminated under the provisions of either Article
24 or Article 23.
Tenured faculty on less than full-time appointments shall automatically
be reappointed to a position of at least one-half (.50) FTE but less
than full-time each year unless terminated under the provisions of
either Article 24 or Article
23. Changes in workload for a tenured part-time faculty member
shall not constitute a retrenchment so long as that workload remains
at one-half (.50) FTE or above.
Tenured full-time faculty who are appointed to a part-time position
by mutual agreement of the faculty member and the President/designee
shall be considered to hold tenure in that position and shall retain
tenure as full-time employees upon return to full-time employment.
- Except for faculty members who, by virtue of prior service credited
in accordance with Subd. 6 .c. above, are eligible
for consideration earlier, and further except for faculty members
who are eligible for consideration under the terms of Subd.
6.b., a faculty member shall normally be considered for tenure
during the fifth year of continuous FTE service in a tenure-earning
position. The Dean or immediate supervisor shall notify all probationary
faculty who are beginning their fifth year of FTE service that they
shall be considered for tenure in accordance with Article
25. Other probationary faculty members who believe they are eligible
for consideration for tenure shall inform the Dean or immediate supervisor
in writing in accordance with timelines to be established under Article
22 and Article 25 and shall send a copy
of the letter to the department chairperson, so that appropriate action
will be taken. If such consideration is during the fifth year of FTE
service or during the final year of a shortened probationary period,
the procedures for consideration for tenure outlined in Article
25 below shall be in lieu of any other established procedures
for consideration of non-renewal of probationary employment.
- The decision to deny tenure shall be made by the President and
shall not be made for arbitrary or capricious reasons.
Subd. 8.
The parties mutually agree to establish a joint study committee consisting
of four faculty appointed by the IFO President and four members appointed
by the Chancellor.
The committee will study and make recommendations in relation to other
appointments, (e.g. specialist, lecturer, visiting professor, artist
in residence, technologist, etc.) The parties shall refer results back
to their respective organizations for possible inclusion in the next
agreement. The committee shall commence within 40 days of exception
of the agreement and shall complete its work no later than 12 months
after that date.
Section F. Appointment of Administrators.
Subd. 1.
The President may appoint an academic administrator at the level of
Vice President or Dean to academic rank. The President shall first consult
with and request a formal recommendation from the department in which
a person would hold the rank. A candidate shall present information
to demonstrate that he/she meets criteria outlined in Article 21, Section
D. The President shall notify the Chancellor when academic rank has
been granted to an academic administrator.
Subd. 2. The Chancellor may appoint a President to academic rank.
The Chancellor shall first consult with and request a formal recommendation
from the department in which the person would hold the rank. A candidate
shall present information to demonstrate that he/she meets criteria
outlined in Article 21, Section D.
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