UNIVERSITY ARTP POLICY

PM HR 07- 04

 TABLE OF CONTENTS

October, 2007

1.00   General References..................

2.00   Responsibility for Personnel Matters..........

3.00   University ARTP Committee..............

            3.01    Composition..................

            3.02    Duties and Procedures.............

4.00    Personnel Action File..................                 

            4.01    Definitions...................                  

            4.02    Custodian....................                

            4.03    Submissions..................                  

            4.04    Basis of Evaluation................                 

            4.05    Right of Access.................                

            4.06    Confidentiality...................                

            4.07    Location of Other Files................                

            4.08    Personnel Action File...............                  

            4.09    Time Limits on the Use of Submitted Materials....                   

5.00    Criteria and Qualifications................              

            5.01    In General...................                

            5.02    Probationary Appointments...........

            5.03    Temporary Appointments............

            5.04   Modification of Criteria to Govern Evaluation of
                      Temporary Employees............

            5.05    Criteria for Retention, Tenure, and Promotion....                     

            5.06    Early Tenure...................                    

            5.07    Early Promotion.................                  

            5.08    Faculty on Limited or Non-Teaching Assignments...                     

 6.00    Appointment.....................                 

            6.01    Authority to Appoint...............                  

            6.02   Official Notification................                   

            6.03   Granting Appointments to Those Serving in Academic-Administrative                                               Assignments...

            6.04    Temporary Appointments.............                  

            6.05    Appointment of Athletic Coach...........                  

            6.06    Probationary Appointments.............                  

            6.07    Appointment with Tenure..............                  

            6.08   Appointment to a Faculty Position with Duties of Department Chair.

            6.09    Appointment at Another Campus.........        

            6.10    Vacancy Announcements..............                 

            6.11    Appointment of Relatives.............   

            6.12    Appointment of Adjunct Faculty...........     

7.00    Probation and Tenure..................                

            7.01    Probation.....................                 

            7.02    Tenure......................                  

 8.00    Promotion.......................               

            8.01    In General....................                  

            8.02    Faculty Unit Employees on Leave.........                   

            8.03    Faculty Unit Employees Serving as Administrators...                    

 9.00    Evaluation.......................                  

            9.01    In General....................                   

            9.02    Representation Before a Peer Review Committee..                  

            9.03    Periodic Evaluation................                

            9.04   Periodic Evaluation of Temporary Faculty Unit Employees.

            9.05   Periodic Evaluation of Probationary Faculty Unit Employees.

            9.06    Periodic Evaluation of Tenured Faculty........................   

            9.07    The Post Promotion Increase Program.........    

            9.08    Performance Review................                  

            9.09   Recommendation Process for Performance Review.

University Appointment, Retention, Tenure and Promotion Policy (UARTP)
 

1.00 GENERAL REFERENCES

All criteria, policies, and procedures in this document are intended to be consistent with and supplemental to the following documents where not superseded by the Memorandum of Understanding between the California State University and Unit 3 Faculty:

A. The laws of the State, especially Education Code, Division 8, Part 55, and interpretations thereof in California Administrative Code, Title 5.

B. Regulations approved by the Trustees of the California State University , especially:

1. The Report of the CSUC Ad Hoc Committee on Procurement and Retention of a Quality Faculty (1971).

2. The Report of the CSUC Ad Hoc Committee on the Procurement and Retention of a Quality Faculty (1975).

3. The University and Colleges Administrative Manual (UCAM).

C. Directives of the Chancellor of the California State University.

D. The Constitution of the Faculty of California State University, Sacramento.

E. The approved Affirmative Action Plan for California State University, Sacramento.

F. Agreement between the Board of Trustees of the California State University and the California Faculty Association Unit 3 Faculty.

2.00 RESPONSIBILITY FOR PERSONNEL MATTERS

A. All personnel criteria, policies, procedures, and actions (appointment, retention, tenure, promotion) are the responsibility of the President, or designee, in keeping with procedures herein set forth.

B. Presidential Memoranda formally discussing University ARTP policy may be issued from time to time after consultation with appropriate faculty bodies.

3.00 UNIVERSITY ARTP COMMITTEE

3.01 Composition 

A. The University ARTP Committee shall be composed of one student selected by the Associated Students, Inc. Board of Directors, one member elected by the Library unit, one member elected by the counseling faculty unit, and tenured faculty members elected by and from their tenured and probationary colleagues in each college.  Each college shall elect one member of the University ARTP Committee for each 100 probationary and tenured faculty or fraction thereof assigned to that college as of the current year.  No more than one faculty member may be elected from the same primary unit.

FTEF   UARTP Representative(s)

    1 - 100   One member
101 - 199   Two members
200 - 299   Three members
300 - 399   Four members
400 - 499   Five members

The President's designee shall serve as a non-voting ex-officio member of the University ARTP Committee.

B. Any change in the composition of the University ARTP Committee shall be subject to recommendation by a vote of the entire faculty and the approval of the President.

C. It is imperative that the members of the University ARTP Committee be persons with such concern for the quality of the University and with the function of the University in its local, regional, and national setting, that they will be able to set aside the interest they will have in some particular part of the University, so that these special interests will not intrude upon the deliberations of the University ARTP Committee. 

3.02 Duties and Procedures

A. In General

The University ARTP Committee shall serve as a committee of the Faculty Senate.  The committee shall: 

1. Forward any recommended changes in University ARTP policy through the Faculty Senate to the President.

2. Review and recommend directly to the President department, division and college criteria, policies, and procedures applicable to the evaluation of faculty unit employees for the purpose of appointment, retention, tenure, and promotion.

3. Advise the President on the allocation of all University promotion monies.

4. Recommend to the President the annual ARTP calendar prior to the end of the spring semester.

B. Procedural Reviews

1. Each primary level (department or equivalent unit) ARTP committee shall be required to submit to the University ARTP Committee for review and recommendation to the President its criteria, policies, and procedures for appointment, retention, tenure, and promotion. 

2. The policies and procedures submitted by a primary level committee shall be approved by a vote of the probationary and tenured faculty of the primary unit acting in their own right.

3. Each secondary level (college or equivalent unit) ARTP committee shall be required to submit to the University ARTP Committee for review and recommendation to the President its policies and procedures for appointment, retention, tenure, and promotion.

4. The policies and procedures submitted by a secondary level committee shall be approved by a vote of the probationary and tenured faculty of the secondary unit acting in their own right or by means of a faculty committee elected by them for the purpose. 

5. The University ARTP Committee shall review the criteria, policies, and procedures of departments (or equivalent units) and colleges for consistency with applicable authority referenced in Section 1.00 of this document and with the University-wide criteria, policies, and procedures.

6. Proposed changes in the primary and/or secondary level criteria, policies, and procedures for appointment, retention, tenure, and promotion shall be approved by the President upon recommendation of the University ARTP Committee prior to implementation in the next annual faculty evaluation cycle. 

C. Allocation of Promotion Monies

1. The University ARTP Committee shall recommend to the President a plan for the university-wide allocation of promotion monies, based upon appropriate demographic data.

2. When the President has approved an allocation plan, the University ARTP Committee shall communicate the plan and the resulting allocation to the secondary level ARTP committees.

4.00 PERSONNEL ACTION FILE

4.01 Definitions

A. "The Personnel Action File shall be defined as the one (1) official personnel file for employment information and information that may be relevant to personnel recommendations or personnel actions regarding a faculty unit employee." (M.O.U. 11.1) 

B. "The Working Personnel Action File shall be defined as that file specifically generated for use in a given evaluation cycle.  That file shall include all required forms and documents, all information specifically provided by the employee being evaluated, and information provided by faculty unit employees, students and academic administrators.  It shall also include all faculty and administrative level evaluation recommendations from the current cycle, and all rebuttal statements and responses submitted" (M.O.U. 15.8) (Please see Section 4.08 D. of this document).

4.02   Custodian

A. "For each faculty unit employee, the President shall designate an office in which the Personnel Action File shall be maintained and shall designate a custodian for the Personnel Action File.  It is the intent of the CSU to maintain accurate and relevant Personnel Action Files.  There may be copies of material contained in the official file in other working files for the convenience of the Employer.  Only the official Personnel Action File may be used as the basis of personnel actions."  (M.O.U. 11.1)

B. The Personnel Action File shall be retained by the custodian of the file.  

4.03 Submissions

A. "A faculty unit employee shall have the right to submit material to his/her Personnel Action File.  A faculty unit employee shall also have the right to submit a written rebuttal to any material in his/her Personnel Action File, or scheduled for placement in his/her Personnel Action File after notification of such placement pursuant to provision 11.4 (Section 4.03 C of this document) of this Article."  (M.O.U. 11.2)   A faculty member may add materials to his/her Personnel Action File at any time.   

B. "Any material identified by source may be placed in the Personnel Action File.  Identification shall indicate the author, the committee, the campus office, or the name of the officially authorized body generating the material." (M.O.U. 11.3)  The custodian shall decide which materials submitted by persons other than the faculty unit employee may be accepted for placement in the file.  The custodian shall notify in writing a faculty unit employee of the custodian's decision to place or not to place material submitted under this section in the faculty unit employee's file.  The written notice shall contain a copy of the material sought to be placed in the file as provided in Section 4.03 C. below.

C. "The faculty unit employee shall be notified of the placement of any material in his/her Personnel Action File that the appropriate administrator initially considers to be accurate and relevant,  and the faculty unit employee shall be provided with a copy of such material at least five (5) days prior to such placement.  (M.O.U. 11.4)

D. "Upon request, a faculty member shall be provided the opportunity to meet with the appropriate administrator regarding material to be placed in the file to which the faculty member objects.  The request to meet, if any, shall be made within five (5) days of the receipt of the notification.  If no meeting is requested, the material will be placed in the file.  If a meeting is requested, it shall take place within ten (10) days of the request made by the faculty member."  (M.O.U. 11.5)

E. "Following the meeting in provision 11.5, above, the appropriate administrator shall consider all information provided by the faculty member concerning the relevancy and accuracy of any material to be placed in the file prior to making a final decision to place material in the file.  The appropriate administrator may grant the request by the faculty member for a correction of the material and/or a deletion of all or a portion of the material.  Should the appropriate administrator determine that all or part of the contested material is accurate and relevant and will be placed in the file, the faculty member may file a rebuttal as provided in provision 11.2 (Section 4.03 A of this document) and/or seek removal of said material by appeal as provided in provision 11.14.  This provision, and provisions 11.4 and 11.5 above (Sections 4.03 C and 4.03 D of this document), shall not apply to material placed in the file created for the periodic evaluations or performance reviews conducted pursuant to Article 15, Evaluation, of this Agreement, nor to material referenced in the Temporary Suspension or Disciplinary Action Procedure Articles of this Agreement."(M.O.U. 11.6) (Please see in general Section 9 of this document)

F. "A specific deadline before the recommendation is made at the first level of evaluation shall be established by campus policy, at which time the Personnel Action File is declared complete with respect to documentation of performance for the purpose of evaluation.  Insertion of material after the date of this declaration must have the approval of a peer review committee designated by the campus and shall be limited to items that became accessible after this declaration.  Material inserted in this fashion shall be returned to the initial evaluation committee for review, evaluation and comment before consideration at subsequent levels of review."  (M.O.U. 15.12 b)  On this campus, the peer review committee for purposes of this procedure shall consist of one member from each secondary committee, chosen by the secondary committee.  The review committee shall approve the insertion only of material which became accessible after the declaration date and which in its judgment is significant.  This decision shall be limited in its effect to the question of admissibility and shall not extend to the question of the weight or value which shall be given to the evidence by the evaluation committee(s).  The decision of the review committee to admit evidence under this section shall be final.  For periodic evaluation and performance review, each primary committee shall establish a deadline for the candidate's submission of materials for inclusion in the Working Personnel Action File.  There shall be no more than a three week interval between the deadline and the beginning of the committee's deliberations.

G. "During the time of periodic evaluation and performance review of a faculty unit employee, the Working Personnel Action File, which includes all information, materials, recommendations, responses and rebuttals, shall be incorporated by reference into the Personnel Action File."  (M.O.U. 11.8) 

H. "Materials for evaluation submitted by a faculty unit employee shall be deemed incorporated by reference in the Personnel Action File, but need not be physically placed in the file.  An index of those materials shall be prepared by the faculty unit employee at the beginning of the cycle and submitted with the materials.  That index shall be permanently placed in the Personnel Action File and appropriately updated to reflect any material added to the file during the course of the evaluation cycle.  Materials incorporated by reference in this manner shall be considered part of the Personnel Action File for the actions set forth in provision 15.12 c. of this Article.  Indexed materials shall be returned to the faculty unit employee."  (M.O.U. 15.9) (In this document provision 15.12 c. of the M.O.U. appears as Section 9.01 R.)

4.04 Basis of Evaluation

A. "Personnel recommendations or decisions relating to retention, tenure, promotion, or termination based upon work performance, or any other personnel action shall be based on the Personnel Action File.  For the purposes of this section, course assignments shall not be considered personnel actions.  However, course assignments shall not be punitive in nature. 

Should the President make a personnel decision on any basis not directly related to the professional qualifications, work performance, or personal attributes of the individual faculty member in question, those reasons shall be reduced to writing and entered into the Personnel Action File and shall be immediately provided the faculty member."  (M.O.U. 11.9)

B. Prior to completion of the substantive evaluation of a candidate at each level of review all material serving as the basis of the evaluation at that level shall appear in the Working Personnel Action File.

C. Evaluative statements and recommendations adopted at all levels of review shall in each case of periodic evaluation and performance review be based on the entire contents of the Working Personnel Action File in that case.  The conclusion about performance under each criterion of evaluation (e.g., Teaching Performance, Scholarly or Creative Activity, etc.) recorded in the evaluative statement required to accompany each recommendation shall be based on a preponderance of the evidence in the file relative to that criterion.

Note: Preponderance in this context refers to the weight or persuasiveness of evidence in the mind of the evaluator.  Weight is a function of the quantity, quality and source of evidence, including the knowledge and trustworthiness of the source.  Under a preponderance requirement, the evaluator must consider all of the relevant evidence and resolve conflicts in the evidence by means of the idea of preponderance.

D. Please see Section 9.01 X. (Faculty Right to Copy of Recommendations) of this document.

E. Please see Section 9.01 BB.  (Amplification of Materials) of this document.

4.05 Right of Access

A. "A faculty unit employee shall have the right of access to all material in his/her Personnel Action File, exclusive of pre-employment materials.  A faculty unit employee shall have access to pre-employment materials in instances in which such materials are used in subsequent personnel actions other than appointments."  (M.O.U. 11.10)

B. "A faculty unit employee may request an appointment(s) for the purpose of inspecting his/her Personnel Action File.  Such appointment(s) shall be scheduled promptly during normal business hours.  The manner of inspection shall be subject to reasonable conditions.  The faculty unit employee shall have the right to have another person of the employee's choosing accompany him/her to inspect the Personnel Action File." (M.O.U. 11.11)

C. "Following receipt of a faculty unit employee's written request, the appropriate administrator shall, within fourteen (14) days of the request, provide a copy of all requested materials.  The faculty unit employee may be required to bear the cost of duplicating such materials."  (M.O.U. 11.12)

D. "If, after examination of the Personnel Action File, the faculty unit employee believes that any portion of the file is not accurate, s/he may request in writing a correction of the material and/or a deletion of a portion of the material.  Such a request shall be addressed to the custodian of the file, with copies to the appropriate faculty committee, if such material was generated by a faculty committee, and the appropriate administrator.  The request shall include a written statement by the faculty unit employee as to the corrections and/or deletions that s/he believes should be made, and the facts and reasons supporting such request.  Such request shall become part of the Personnel Action File, except in those instances in which the disputed material has been removed from the file."  (M.O.U. 11.13)  (On this campus "accurate" includes "relevant," "timely," and "complete.")

E. "If the request made pursuant to provision 11.13 (Section 4.05 D of this document) is denied by the custodian of the file, or if the faculty member wishes to appeal a determination for material to remain in his/her file pursuant to provision 11.6 (Section 4.03 E of this document), the faculty unit employee shall have a right to submit the request to the President no later than seven (7) days after the date of such a decision.  Within twenty-one (21) days of receipt of such request of the President, the President shall provide a written response to the faculty unit employee.  If the President grants the request to correct the material and/or delete all or a portion of the material, the record shall be corrected or the deletions made, and the faculty unit employee shall be sent a written statement to that effect.  If the President denies the request, the response shall include the reason(s) for denial." (M.O.U. 11.14)

4.06 Confidentiality

"The Personnel Action File shall be held in confidence.  Access to a faculty unit employee's Personnel Action File shall be limited only to persons with official business.  The custodian shall log all instances of access to a Personnel Action File, including access to the file by administrators, when access is not for the purpose of routine maintenance.  Such a log record shall be a part of the Personnel Action File."  (M.O.U. 11.15)

4.07 Location of Other Files

"The Personnel Action File shall indicate the location of other records regarding a faculty unit employee kept on the campus to which the faculty unit employee has access in accordance with statute."  (M.O.U. 11.16)

4.08 Personnel Action File

A. The Personnel Action File shall contain the following material submitted by the custodian of the file:

1. Record of location of other files
2. Access log
3. Appointment letter and other relevant appointment information
4. Results of standardized student evaluations
5. Written student comments and summaries of oral student comments, if any (Please see Section 5.05 E.2.c. of this document)
6. Peer evaluations, if any
7. All evaluations, recommendations, and decisions for the appropriate time periods as specified in Section 4.09

B. The Personnel Action File shall contain the following materials submitted by the faculty member:

1. Current resumé
2. Annual report of activities prepared according to the prescribed department/college format, if required
3. Index to materials submitted under C. below

C. The Personnel Action File may contain the following materials submitted by the faculty member:

1. Material regarding teaching performance:  Evidence shall include those items mentioned in Section 5.05 E. of this document.

2. Scholarly or creative achievements:  Evidence shall include those items mentioned in Section 5.05 F. of this document.

3. Contributions to the community:  Evidence shall include those items mentioned in Section 5.05 G. of this document.

4. Contributions to the institution:  Evidence shall include those items mentioned in Section 5.05 H. of this document.

5. Miscellaneous:  Other pertinent material.

D. The Working Personnel Action File shall contain:

1. Material submitted by the faculty member as described in Section 4.08 B. above.

2. Appropriate material from the Personnel Action File, including items 4, 5, 6, and 7 of Section 4.08 A.  Please see Section 4.09 below for the appropriate time periods to be covered.

4.09 Time Limits on the Use of Submitted Materials

Materials used in evaluations shall be limited to those developed during the following periods:

Retention through Tenure:  Materials submitted/received since date of initial appointment to probationary status.

First Promotion:  Materials submitted/received since date of initial appointment to probationary status.  

Subsequent Promotions:  Materials submitted/received since the date the files closed immediately prior to the evaluation which resulted in the last promotion.

Periodic Evaluation of Tenured Faculty:  Materials submitted/received since date of last evaluation.

Periodic Evaluation of Temporary Faculty:  Materials submitted/received during previous five years.

5.00 CRITERIA AND QUALIFICATIONS 

5.01 In General

A. "It is the policy of the CSU to prohibit discrimination against faculty unit employees on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, pregnancy, age, disability, or veteran's status, including those defined under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)."  (M.O.U. 16.1)

B. The faculty of this university shall consist of specialists qualified to give instruction in each authorized curriculum.  The earned doctorate or equivalent attainment shall be the desirable qualification for appointment as a faculty unit employee.  Equivalent attainments may be accepted: 

1. In those fields where the doctorate is not common. 

2. In vocational fields where experience may be substituted for academic preparation.  (Title 5, 42711)  (Please see Sections 5.02 and 5.03, Probationary and Temporary Appointments, below.)

5.02 Probationary Appointments (See also Section 5.05 I. below)

A. "Probationary appointments are normally made at the Assistant Professor or equivalent librarian rank.  The President may appoint an employee at a higher rank on the determination of merit consistent with provision 12.23."  (M.O.U. 12.24)  (Please see Section 6.06 B. Probationary Appointments, of this document.)

B. In making probationary appointments, the following factors shall be given primary consideration:  (a) Excellence in scholarship and preparation.  (b) Interest and skill in teaching.  (c) Promise of professional growth. 

C. Disciplines in which the doctorate is the recognized terminal degree:
The earned doctorate is required for a probationary appointment in all disciplines for which it is recognized as the terminal degree.  Individuals not possessing an earned doctorate may receive a probationary appointment if completion of the degree within a specified period is made a condition of employment.  Completion of the degree is required for tenure and/or promotion. 

D. Disciplines in which the doctorate is not the recognized terminal degree:  Each department in a discipline in which the doctorate is not the recognized terminal degree shall include the following in its ARTP policy:

1. The appropriate academic preparation required for a probationary appointment.  (Advertisements for such positions may indicate that a doctorate is preferred.)

2. The types of scholarly or creative activity or experience which may be required for a probationary appointment in addition to academic preparation.  At the time of appointment, additional scholarly or creative activities or experience required for either retention, tenure, or promotion shall be indicated.

3. A department may require an earned doctorate for a particular position.  This requirement shall be indicated in the position vacancy announcement.

E. On the recommendation of the department and appropriate college committees, the President may, in special circumstances, make exceptions to the qualifications set forth in Section 5.02 C. above and the standards set forth in Section 5.02 D. above if the appointment contributes significantly to the university.

F. Subdisciplines

There may be subdisciplines or areas of specialization within those disciplines mentioned in Section 5.02 C. above in which the doctorate is not the recognized terminal degree.  Such subdisciplines shall be identified in the primary ARTP document and shall be treated as in Section 5.02 D. above.

5.03 Temporary Appointments

To complete a recommendation to appoint an applicant to a part-time or full-time temporary faculty position, the person or persons acting severally or jointly, simultaneously or sequentially to make the recommendation shall make each of two decisions in the following order:  1) the decision to select an applicant from the pool of applicants for the position, and 2) the decision to assign the selected applicant to a place within a range of salaries on the salary scale.  In each instance of initial recommendation, these decisions shall be reached by a judgment that applies previously published criteria of decision to the facts defining the application under consideration based on evidence contained in a file.

A. Selection of applicant from the pool:

Once the applications for temporary faculty appointments have been reviewed, the best qualified person shall be appointed on the basis of merit and competence related to the teaching assignment or other department or equivalent unit need.

Criteria used in initial and subsequent selection shall include:     

1.  Degrees earned in relevant disciplines
2.  Relevant teaching experience
3.  Relevant professional experience
4.  Recommendations or other documents including student and peer evaluations of teaching and performance

B. Placement on the pay scale of an applicant selected for initial temporary appointment:

The following guidelines shall normally determine the location on the pay scale at which an initial temporary appointment is made:

1. Lecturer L:  Bachelor's degree in the discipline.

2. Lecturer A:  Master's degree in the discipline or equivalent educational experience; or Bachelor's degree plus the equivalent of at least five years teaching or relevant professional experience.

3. Lecturer B:  Doctorate or equivalent educational experience; or Master's degree plus the equivalent of at least five years teaching or relevant professional experience.

4. Lecturer C:  Doctorate or equivalent educational experience plus at least five years of teaching experience.

5. Lecturer D:  Doctorate or equivalent educational experience plus at least ten years of teaching experience.

Exceptions to these guidelines shall be approved by the appropriate dean.  (Additional criteria may be required by the department.)  Within each rank, the particular step at which a person is appointed shall depend on the extent to which the person's qualifications exceed the minimum requirements for the particular rank.

C. Temporary Faculty Range Elevation

1. "Temporary faculty range elevation" is a term employed in the M.O.U. to refer to the decision, informed at a minimum by an evaluation of teaching performance, to compensate a temporary faculty member at a rate of pay equal to the first step of the salary range immediately above the range within which he or she was compensated during a prior appointment.

2. Units recommending applicants for a temporary faculty range elevation shall specify in their ARTP documents the criteria to govern the decision to recommend it.  These criteria may be some combination of the criteria set forth in Sections 5.03 A. and B. above and shall, at a minimum, include teaching performance as evidenced by recommendations or other documents including student and peer evaluations of teaching performance.  

3. "Those eligible for lecturer range elevation shall be limited to lecturers who have no more eligibility for salary increases pursuant to provision 12.10 (Section 6.04 A.7 of this document) in their current range, and have served five (5) years in their current range."  (M.O.U. 12.17)

4. "At least thirty (30) days prior to the commencement of the annual campus range elevation process, the campus shall notify those lecturers at the SSI maximum who have five (5) years of service in their current range that they may be eligible for range elevation.  In that notification the campus shall inform the lecturers that receipt of a previous FMI may affect their eligibility for range elevation.  The parties agree that failure to notify an eligible lecturer shall not be cause for automatic granting of a range elevation.

The parties further agree that lecturers not notified may be eligible for range elevation pursuant to 12.17 (Section 5.03 C.3 of this document) and, if eligible, lecturers may apply for a range elevation." (M.O.U. 12.18)

5. "Criteria for range elevation for temporary faculty (excluding coaches) shall be appropriate to lecturer work assignments."  (M.O.U. 12.19)

6. "Denial of range elevations shall be subject to the peer review process.  Each campus shall establish a single Peer Review Panel to hear the appeals of any temporary faculty unit employee denied range elevation during that fiscal year.  The Panel shall allow for appellants to make a presentation to the Panel and to be represented by CFA if so desired.  The Peer Review Panel shall convene and review the case within thirty (30) days.  The Panel shall render a decision within thirty (30) days of hearing the case.  The decision of the Peer Review Panel shall be final and binding on the Parties." (M.O.U. 12.20)

5.04  Modification of Criteria to Govern Evaluation of Temporary Employees

Subject to recommendation by the University ARTP Committee and the approval of the President, a department or equivalent unit may delete evaluation criteria, except teaching performance, required in the evaluation of probationary and tenured faculty (see Section 5.05 below) when, in their judgment, they are deemed inappropriate or irrelevant to full-time temporary faculty unit employees.  The modified list of criteria shall apply to all full-time temporary faculty unit employees in the department or equivalent unit and shall be included in the department's or equivalent unit's ARTP policy.  In the event that further modifications are made to the list of criteria to govern the evaluation of part-time temporary faculty unit employees, that modified list of criteria shall apply to all part-time temporary faculty unit employees.

5.05 Criteria for Retention, Tenure, and Promotion 

A. A unit shall exercise the discretion conferred by this section in a manner consistent with the mission of the University as a regional comprehensive university that places primary emphasis on teaching performance in the evaluation of faculty unit employees for retention, tenure or promotion.

B. Evaluators may not impose as a requirement in any RTP action anything not expressly identified as such in the appropriate primary or secondary unit document.  Nothing in this subsection shall be construed to restrict the right to submit material to the file, and therefore, to have such material considered at all levels of review.

C. Although evaluative criteria are the same for retention and tenure, the evidence to support a recommendation to grant tenure shall be considerably more substantial than that to support a recommendation to retain a probationary employee.  If a faculty unit employee is not likely to be awarded tenure, then he/she should not be reappointed.  If he/she does not have the potential for promotion to associate professor or beyond, he/she should not be awarded tenure.  However, the granting of tenure does not guarantee future promotion.

D. The following criteria are set by the university for retention, tenure, and promotion.  Each primary evaluation level shall establish a value for each criterion in relation to the values it establishes for the other criteria.  It may do so by means of a qualitative or a quantitative statement.  The first criterion, "Competent Teaching Performance," shall be the primary and essential, but not sufficient, criterion in the evaluation process at each level of review.

E. Competent Teaching Performance

1. Evidence shall include:

a. Nature of teaching assignment (e.g., number of course preparations, frequency of teaching same preparation; level of courses--undergraduate vs. graduate, lower or upper division; required vs. elective courses; class size).

b. Submissions by the individual faculty member who is being considered for retention, tenure, or promotion such as self-evaluations, course syllabi or outline, instructional materials, exams, means of assessing the results of student efforts to learn, materials pertaining to methods and results of non-traditional pedagogy as for example web-based or televised instruction, service learning or inquiry-based learning, grading policies, teaching awards or honors.

c. Student evaluation of courses

1) "Written student questionnaire evaluations shall be required for all faculty unit employees who teach.  A minimum of two (2) classes annually for each faculty unit employee shall have such written student evaluations.  Student evaluations shall be conducted in classes representative of the faculty unit employee's teaching assignment.  The results of these evaluations shall be placed in the faculty unit employee's Personnel Action File. Unless consultation has resulted in an agreement by the administration and faculty of a department or equivalent unit to evaluate all classes, the classes to be evaluated shall be jointly determined in consultation between the faculty unit employee being evaluated and his/her department chair.  In the event of disagreement, each party shall select 50% of the total courses to be evaluated."  (M.O.U. 15.15) 

2) Classes of faculty members serving terminal year appointments shall be evaluated in accordance with this policy.

a) "Student evaluations collected as part of the regular student evaluation process shall be anonymous and identified only by course and/or section.  The format of student evaluations shall be quantitative (e.g., "Scantron" form, etc.) or combination of quantitative and qualitative (e.g., space provided on the quantitative form for student comments.)" (M.O.U. 15.17a)

b.) "Any student communications or evaluations provided outside of the regular evaluation process must be identified by name to be included in a Personnel or Personnel Action File."  (M.O.U. 15.17b)

3) The department is responsible for the development and administration of evaluation questionnaires, and for ensuring that the distribution and collection of questionnaires maintain student anonymity.  The results of the student evaluations shall be given to the instructor and department chair after grades have been assigned.

4) "A student evaluation program for Librarians may be developed at the campus level.  If such a program is established, the evaluation process shall be developed by a committee comprised of faculty unit employees and administrators in the Library."  (M.O.U. 15.18)

d. Other evidence deemed relevant by the department or unit.

2. Additional evidence may include, but not be limited to:

a. Submissions by the individual faculty member illustrative of the member's student advising activities.  Consistent with the University's goals for academic advising, these activities may include:

·         Assisting advisees to clarify life and career goals;

·         Assisting advisees to develop educational plans;

·         Assisting advisees to select appropriate courses and other educational experiences;

·         Collaborating with students on research and pedagogy projects;

·         Supervising independent study and all other academically related projects and experiences;

·         Interpreting University requirements for advisees;

·         Increasing student awareness of available educational resources;

·         Evaluating student progress toward established goals;

·         Referring students to and using other University and community support services, where appropriate; 

·         Collecting and distributing data regarding student needs, preferences, and performance for use in institutional policy making; and

·         Thesis direction and advising.  

b. Submissions by professional colleagues both on and off campus such as letters of evaluation and recommendation regarding teaching performance, acknowledgment of teaching awards or honors, results of class visitations, opinions, and/or evaluation by peers.

c. "Students may, with the concurrence of the department and administrator, be provided an opportunity to consult with the department peer review committee."  (M.O.U. 15.16)

1) If a department elects to enable students to consult with the peer review committee, it shall be responsible for devising methods of soliciting additional student submissions.  At a minimum, names of faculty under evaluation shall be posted near the appropriate office in a notice setting forth the day(s) and time(s) when  the primary level ARTP committee will receive oral or written testimony from students regarding the professional performance of a faculty member being evaluated.  The primary level committees shall summarize oral testimony and provide a copy of all summaries or written testimony to the faculty member to whom it pertains.  Summaries of oral testimony shall be signed by the chair of the primary committee and shall identify by name the student presenting the testimony as required by Section 15.17 b. of the M.O.U.  All open-ended written testimony, whether submitted as part of a standardized evaluation questionnaire or presented directly to the primary committee, must not be summarized but must be maintained in its original form.  The placement of any material in the Personnel Action File shall be governed by the pertinent parts of Section 4.00 (Personnel Action File) of this document.

2) Students presenting evaluative comments to a department chair shall be advised by the chair that to have them considered in the ARTP process, a student must present his/her comments to the primary level committee either orally, if the department permits, or by signed, written statement.

d. "When classroom visits are utilized as part of the evaluation of a faculty unit employee under this Article, the individual faculty unit employee being evaluated shall be provided a notice of at least five (5) days that a classroom visit is to take place.  There shall be consultation between the faculty member being evaluated and the individual who visits his/her class(es)." (M.O.U. 15.14)  

F. Scholarly or Creative Achievements

Evidence may include, but not be limited to:

1. Accomplishments in research and/or creative projects.

2. Publication of articles, books, reviews, music, script, software, and research papers consistent with the mission of the university.  Publication of instructionally-related research (the category of research specifically authorized for the CSU in the Master Plan for Higher Education), research pertaining to assessment of the results of student efforts to learn or research directed to issues of public concern shall be weighted as heavily as any other type of research at all levels of evaluation.

3. An active program of scholarly or creative work in progress as for example work in a subject of systematic study or investigation, work related to the teaching of such a subject or work directed to issues of public concern.

4. Evidence of scholarship or creative activity in the development or application of technology or both.

5. Membership and appropriate participation in activities of professional organizations.  Such organizations may be but do not necessarily have to be ones that exist to advance knowledge of a subject currently taught by a faculty member or to advance knowledge of the art and science of teaching in a university.  

6. Presentation of professional lectures.

7. Creative activity culminating in a professionally-evaluated public display or performance such as might occur in music, art, drama, poetry, reading, etc.

8. Creative activity culminating in innovative programs, service learning experiences or policy proposals, programs or materials pertaining to issues of public concern.  

9. The products of consultantships, whether paid or unpaid, of a professional nature related to the individual faculty member's area of academic expertise.

10. A statement describing the support, or lack of it (released time and/or funding) for the reported scholarly or creative achievements.

11. A statement describing the faculty member's guidance of students who are contributing to the faculty member's projects.  

G. Contributions to the Community

Evidence may refer to the following contributions, among others: 

1. Office or directorship on a volunteer basis (national, state, local).

2. Volunteer or paid consultant.

3. Participation on committees of agencies or organizations (national, state, local).

4. Participation in the mass media.

5. Community honors, awards or other documentation of benefits to the public produced by the faculty member's contributions to the community.

6. Participation in community outreach activities, including educational equity, service learning and other professional activities.  Such activities may include but need not be limited to those activities that produce ascertainable effects on a community.

H. Contributions to the Institution

Evidence may refer to the following contributions, among others:

1. Contributions to the faculty member's department such as membership on a departmental committee, chair of a departmental committee, special assignments, curriculum development, and student advising, including advising of student organizations in the department.

2. Contributions to the faculty member's college such as membership on a college committee, chair of a college committee, special assignments, curriculum development, and student advising, including advising of student organizations in the college. 

3. Contributions to the university such as membership on a university-wide committee, chair of a university-wide committee, special assignments, curriculum development, and student advising (including advising of student clubs and activities) and educational equity efforts.

I. Possession of Appropriate Academic Preparation

1. For faculty hired after January 1, 1984, academic preparation is considered at the time of hiring.  If the initial appointment is conditioned upon the completion of academic preparation specified in the appointment letter, that specified preparation shall be a factor in the decisions to retain, grant tenure, or promote until it has been completed.

2. For faculty hired before January 1, 1984, whose academic preparation has been found appropriate either through evaluation at the time of appointment or through subsequent evaluation processes, academic preparation shall not be a consideration in future retention, tenure, or promotion decisions.

3. For faculty hired before January 1, 1984, whose academic preparation has not been evaluated, or has been found to be incomplete, the primary committee shall resolve the issue of appropriate academic preparation at the next evaluation or any time prior to the next evaluation, either by making a recommendation that the academic preparation is appropriate or by indicating additional preparation expected for retention, tenure, and/or promotion.  The recommendation shall be reviewed by the department chair, dean, and President.  If the President determines that academic preparation is appropriate, this criterion shall not be considered in subsequent evaluations.  If the President determines the contrary, then he/she shall indicate the additional preparation expected for retention, tenure, or promotion.  This criterion shall be considered in subsequent evaluations until the indicated preparation is completed.  

5.06 Early Tenure

A. Notwithstanding any provision to the contrary, early tenure is recognition of qualifications and performance substantially beyond that required for the granting of tenure after the normal six (6) year probationary period.  (See Section 7.01 C. Normal Probationary Period, of this document.)  Early tenure is granted for attaining a professional standard that includes activities which bring widespread recognition to the individual and the university from the academic community and/or the general public.  Early tenure is not a right.

B. Recommendations for early tenure are made through the normal ARTP channels.  To be considered for early tenure, a faculty unit employee shall apply in writing to his or her primary committee.  Having received a written application for early tenure, the primary committee shall review the applicant's file in light of the requirements for early tenure as stated in subsection C. below and subsection A. above as well as those for retention from year to year.

C. The Working Personnel Action File of a faculty unit employee under consideration for early tenure shall contain evidence of recognized outstanding performance in teaching, which shall be given primary weight, and of appropriate academic preparation. It shall also contain evidence of recognized outstanding performance in at least two (2) of the remaining three (3) university criteria for retention, tenure, and promotion:  scholarly or creative achievement, contribution to the institution, and contribution to the community.

D. In accordance with the provisions of this section and M.O.U. 13.19, the President may award tenure to a faculty unit employee before the normal six (6) year probationary period has elapsed upon a positive recommendation from his/her department and the Dean.

5.07 Early Promotion

Probationary faculty who apply for promotion prior to receiving tenure and tenured faculty who are not yet eligible for promotion under Section 8.01 D. of this document shall demonstrate outstanding performance in teaching, which shall be given primary weight, and possess appropriate academic preparation.  In addition, outstanding performance shall be demonstrated in at least two (2) of the remaining three (3) university criteria for retention, tenure, and promotion:  scholarly and creative achievement, contribution to the institution, and contribution to the community.  (Please see Section 8.01 E. of this document.)

5.08 Faculty on Limited or Non-teaching Assignments

Although the same criteria shall be applied when faculty on limited or non-teaching assignments are being evaluated, the weights assigned to the criteria shall, of necessity, vary from those used in the evaluation of other full-time, tenured faculty.  Primary and secondary units shall consider these variations when developing their promotion policies and procedures to govern the evaluation of faculty serving as administrators.  (Please see Section 8.03 of this document.)

6.00 APPOINTMENT 

6.01 Authority to Appoint

"After considering the recommendations, if any, of the department or equivalent unit and the appropriate administrator, appointments of employees shall be made by the President.  Appointments may be temporary, probationary, or tenured.  Appointments shall be made through written notification by the President.  No employee shall be deemed appointed in the absence of an official written notification from the President.  An initial appointment may be made jointly in more than one academic department or equivalent unit.  The President shall determine the proportion of assignment of activity for individuals holding joint appointments.  The proportion of such an assignment may be changed by the President during the duration of the joint appointment."  (M.O.U. 12.1)

6.02 Official Notification

"Official notification to an employee of  an appointment shall include the beginning and ending dates of appointment, classification, time base, salary, rank when appropriate, employee status, assigned department or equivalent unit, and other conditions of employment.  Each new faculty unit employee shall be advised no later than fourteen (14) days after the start of the quarter/semester where on campus a summary of the CSU benefits program is available.  Each new faculty unit employee shall also be provided no later than fourteen (14) days after the start of the quarter/semester with written notification of the evaluation criteria and procedures in effect at the time of his/her initial appointment.  In addition, pursuant to provision 15.3 (of the M.O.U.), the faculty unit employee shall be advised of any changes to those criteria and procedures prior to the commencement of the evaluation process."  (M.O.U. 12.2)  (Please see Section 9.01 F. of this document.)

6.03 Granting Appointments to Those Serving in Academic-Administrative Assignments

The President may grant an academic appointment in an appropriate department to a person who is to be appointed to an administrative position at the CSUS campus, or who is already serving full time in such an administrative capacity.  The following conditions and procedures shall govern such an action:

1. The candidate, or a university official on behalf of the candidate, shall formally apply for such an appointment in an appropriate department or discipline.

2. The candidate shall meet the eligibility requirements for the academic rank sought in connection with such an appointment.

3. The department shall consider such an application for probationary status through its normal appointment procedures and regular ARTP committee(s).

4. After due consideration of such an application, the department shall make an appropriate recommendation to the President for action.

5. The President shall make the appointment in conformity with the departmental recommendation but not otherwise.

6.04 Temporary Appointments 

A. In General

1. "Temporary appointments may be for periods of a semester, a quarter, parts of a year, or one (1) or more years.  Following two (2) semesters or three (3) quarters of consecutive employment within an academic year, a part-time temporary employee offered appointment to a similar assignment in the same department or equivalent unit at the same campus shall receive a one (1) year appointment.  Such appointment shall be subject to the limitations stated in provision 12.5 (Section 6.04 C.1. of this document)."  Units taught during extension for credit programs shall not be included as part of the temporary faculty member's entitlement base.  Application towards an entitlement under this provision for units taught during Summer Session programs is established pursuant to the chart in Appendix F (of the M.O.U.)." (M.O.U. 12.3)

2. "The official notification to a temporary faculty unit employee shall also indicate that appointments automatically expire at the end of the period stated and do not establish consideration for subsequent appointments or any further appointment rights.  No other notice shall be provided."  (M.O.U. 12.4)

3. "Each department or equivalent unit shall maintain a list of temporary employees who have been evaluated by the department or equivalent unit.  If such an employee applies for a position in that department or equivalent unit or applicant pool for that department or equivalent unit, the faculty unit employee's previous periodic evaluations and his/her application shall receive careful consideration.  If a temporary employee applies for a subsequent appointment and does not receive one, his/her right to file a grievance shall be limited to allegations of a failure to give careful consideration.  Such a grievance would constitute an allegation of a contractual violation and would not be a 'Faculty Status Matter' as defined in Article 10 of this Agreement."  (M.O.U. 12.7)

4. "The list maintained by each department or equivalent unit pursuant to provision 12.7 above (Section 6.04 A.3. of this document) of temporary employees who have been evaluated by the department or equivalent unit shall also include the courses previously taught in the department."  (M.O.U. 12.8)

5. There shall be no campus policies or practices that deny access to an applicant pool or prevent consideration of an applicant for a temporary faculty unit employee position solely on the basis of the number of years of previous service as a temporary employee.  This prohibition shall not in any way imply that an incumbent has a presumptive right to continue a temporary appointment presently held.

6. "Appointment of a temporary faculty unit employee in consecutive academic years to a similar assignment in the same department or equivalent unit shall require the same or higher salary placement as in his/her previous appointment."  (M.O.U. 12.9)

7. "Upon completion of twenty-four (24) units on a semester campus, or the equivalent on a quarter campus, in the same department or equivalent unit, temporary employees shall receive a salary increase equivalent to the percentage of the negotiated SSI, provided that they meet the requirements of Article 31 (of the M.O.U.), only during years when the parties have agreed to provide Service Salary Step Increases pursuant to Article 31 of this Agreement."  (M.O.U. 12.10)

8. "A lecturer who receives a new appointment may be placed on the salary schedule above the maximum Service Salary Step Increase rate within his or her then current salary range."  (M.O.U. 12.11)

9.  "Temporary faculty unit employees (excluding coaches) employed during the prior academic year and possessing six or more years of prior consecutive service on that campus shall be offered a three year temporary appointment.  In addition to other provisions of this Agreement, the following special conditions shall apply: 

a. For purposes of this section, one year of service shall be considered employment of one (1) semester or two (2) quarters in the bargaining unit on a single CSU campus during a single academic year.  In calculating the six year eligibility period service need not be continuous, but the entire six (6) year period must have been worked on a single campus in a single department.  Units taught during extension for credit programs shall not be included as part of the temporary faculty members' entitlement base.  Application of units towards an entitlement under this provision for units taught during Summer Session programs is established pursuant to the chart in Appendix E (of the M.O.U.).

b. Three year appointments will be issued for employment on each campus and in each department where the temporary faculty member has established eligibility.

c. The time base of appointments provided here shall be as established under terms of the 'similar assignment' language and precedents of Article 12.3 of this Agreement (Section 6.04 of this document).  Subsequent three-year entitlements are determined by the time base held during the third year of the prior three-year appointment.  Units taught during extension for credit programs shall not be included as part of the temporary faculty members' entitlement base.  Application of units towards an entitlement under this provision for units taught during Summer Session programs is established pursuant to the chart in Appendix F (of the M.O.U.). 

d. The President shall decide the type and extent of course offerings for the department, consistent with current policies and procedures on each campus. 

e. Although there shall be no special or separate evaluation before a three-year appointment is made, pursuant to Article 15 (of the M.O.U.), it is expected that temporary faculty will be regularly evaluated during the six (6) year period preceding eligibility for a three-year appointment.

f. In the event there is no work available to satisfy the time base entitlement during any academic term of three-year appointment, the temporary faculty employee shall continue to maintain this contractual entitlement for the duration of the three-year appointment.

g. If the above requirements have been met, an initial three-year appointment shall be issued except in cases of documented unsatisfactory performance or serious conduct problems.

h. If at the end of a three-year appointment, no work exists in the department to support the subsequent appointment of the lecturer or if the time base of the lecturer was zero during the third year of her/his appointment, s/he shall be placed on a departmental list pursuant to Article 38.48 (of the M.O.U.).  When such lecturer is officially notified that no work exists to support the subsequent appointment, the official notification shall also inform the lecturer of the right to be placed on a list for a period of three (3) years.  No later than July 1 of each year during the period the lecturer is on the list, the lecturer must inform her/his department chair of the lecturer's interest in and availability for employment.  Included in this written notice shall be current, accurate contact information.  Failure to notify the chair shall result in removal from the department Article 38.48 list.

Upon request, CFA shall be provided with a copy of all letters informing a three-year lecturer that no work exists in the department to support the subsequent appointment.

An employee returning from the Article 38.48 list will be employed at the same rate of pay which they previously received but benefits eligibility shall be determined by the faculty member's time base at the time of return to work.  The period in which the employee was on the department Article 38.48 list shall not constitute a break-in-service regarding rights previously accrued under Article 12 (Section 6.04 A 1-9 of this document)." (M.O.U. 12.12 a-h)

10. "Temporary faculty (excluding coaches) holding three-year appointments shall have the expectation of appointment to subsequent three-year appointments except in instances of documented unsatisfactory performance or serious conduct problems.  These temporary faculty will be re-appointed after a three-year appointment unless there is insufficient work for which the faculty member is qualified.  In the event there is insufficient work to support the re-appointment at the previous time base, the time base of his/her successor three-year appointment may be reduced to reflect available work for which the temporary faculty member is qualified."  (M.O.U. 12.13)  

11. "The application of provision (M.O.U.) 12.12 shall not prohibit the President from making appointments in excess of three (3) years for eligible temporary faculty unit employees."  (M.O.U. 12.14)  (Please see Section 6.04 A.9 above.)

12. "No later than June 30 of each year, the Administration shall post in each department a list of temporary faculty who it believes eligible for a three-year appointment pursuant to (M.O.U.) Section 12.12 above effective with the first appointment of the next academic year.  Any temporary faculty who are omitted from the list, but who believe they are eligible for a three-year appointment, shall come forward and identify themselves to the appropriate department chair within thirty (30) days of the posting.  The faculty member should provide any documentation in her/his possession which will assist in verifying eligibility."  (M.O.U. 12.15)  (Please see 6.04 A.9 above.)  

Note:  This list shall be posted annually.  

B. Full-time

1. Appointment of full-time temporary faculty unit employees normally shall follow the recruitment and selection procedures for probationary faculty unit employees contained in Section 6.06 below.  Any variation from the requirements of Section 6.06 below shall require compliance with department procedures provided for such variation and also shall require a waiver from the Director of Equal Opportunity/Affirmative Action. 

2. Reappointment as a full-time temporary faculty unit employee:

a. Full-time temporary faculty unit employees who have been appointed for one year after a search may receive two successive reappointments through the waiver process, provided the position was advertised originally with the proviso that the additional years may be included.  The incumbent shall be eligible to reapply for the position when it is advertised.  Full-time temporary faculty unit employees who have been appointed for one year without a regular search may not be reappointed without a search.  The incumbent shall be eligible to apply for the position when it is advertised. 

b. A full-time temporary faculty unit employee may be appointed as a probationary faculty unit employee without a search, provided the position was originally advertised with the proviso of the possibility of conversion to a probationary appointment and provided the conversion occurs during the specified period of the initial appointment. 

3. "Full-time temporary employees, except Coaching Faculty Unit Employees, shall not be appointed on a conditional basis.  Full-time Coaching Faculty Unit Employees may be appointed on a conditional basis, and those conditions may include, but shall not be limited to, adherence to NCAA by-laws and other NCAA regulations."  (M.O.U. 12.6)

C. Part-time

1. "An appointment for a less than full-time temporary employee may be on a conditional basis.  If during the term of an appointment, a less than full-time temporary employee is assigned additional work up to and including full-time, the employee's entitlement for that appointment shall not be increased and shall continue to be on a conditional basis for the duration of that appointment.  A subsequent full-time appointment will be unconditional pursuant to 12.6 (Section 6.04 B.3 of this document).  

"The conditions established at the time of appointment may relate to enrollment and budget considerations.  If a class is canceled prior to the third class meeting, the temporary employee shall be paid for class hours taught.  If a class is canceled after the third class meeting, the temporary employee shall either be paid for the remaining portion of the class assignment or provided an alternate work assignment."   (M.O.U. 12.5)

2. Departments or equivalent units may authorize an elected peer review committee for part-time appointees consisting of probationary or tenured faculty or both or the department chair or both the committee and the chair to carry out all or part of the primary level review and recommendation process for part-time faculty unit appointments.  

3. Part-time temporary faculty unit employees shall be appointed from the applicant pool which shall be established on an annual basis or by semester in those cases where the pool does not contain enough qualified candidates to cover the demands for the entire year.  Incumbent part-time temporary faculty unit employees shall be responsible for notifying the department chair, by the specified deadline, of their wish to become part of the applicant pool for the semester or year in which they wish to be employed.  A detailed statement of recruiting and selection procedures, utilizing the applicant pool, shall be available in the department or equivalent unit office. 

4. A part-time faculty member shall normally be employed by the University for no more than twelve (12) teaching units per semester.  Exceptions to this limitation may be made by the college deans on a case-by-case basis.

5. "In the event that the department determines that a need exists to assign new or additional work to temporary faculty unit employees, after the assignment needs of tenured and probationary faculty (including FERP and PRTB faculty) have been satisfied, and after any work to be taught by administrators, teaching associates and other student employees, or volunteer faculty have been assigned, the work shall first be offered to qualified temporary faculty in the department, who have performed satisfactorily, in the following order:

a. Assignment Order at the Beginning of the Academic Year

1) First offer work to three-year full-time appointees pursuant to provisions 12.12 and 12.13 of the Agreement; (Sections 6.04 A.9 and 6.04 A.10 of this document)

2) Next, offer work to other continuing multi-year (not three-year) under provisions 12.12 and 12.13 full-time appointees;

3) Next, offer work to three-year, part time appointees pursuant to provisions 12.12 and 12.13 up to their time base entitlement;

4) Next, offer work to individuals whose names appear on the list for the department established pursuant to Article 38.48 up to the time base entitlement of their most recent three-year appointment;

5) Next, offer work to continuing multi-year (not three-year under provisions 12.12 and 12.13) part-time appointees up to their time base entitlement;

6) Next, offer work to Visiting Faculty subject to the limitations in provision 12.35;

7) Next, pursuant to provision 12.7 (Section 6.04 A.3 of this document) give careful consideration to all part-time and full-time temporary faculty with no multi-year appointments who were employed in academic year prior to the year for which they are being considered.  Temporary faculty in this group may be appointed in any order, but must satisfy all provision 12.3 (Section 6.04 A.1 of this document) entitlements but may only be appointed up to their time base entitlement.  Full-time and part-time temporary faculty with no provision 12.3 appointment rights can be appointed to any time base and for any academic term(s).  If a decision is made not to reappoint temporary faculty in this category, the work previously performed by these faculty (if it continues to exist) shall be considered "new or additional" and assigned according to the order set forth in Paragraph 8 below.

8) Next, assign any remaining temporary work to temporary employees as "new or additional" work in the following order:

i.   First, offer work to three-year, part-time appointees up to and    including a 1.0 time base;

ii.  Next, offer work to all other part-time temporary faculty offered appointments pursuant to paragraphs 4 and 5 above up to and including a 1.0 time base: and

iii. Last, offer work to any other qualified candidate.

b. Assignment Order During the Academic Year

1) First offer work to 3-year full-time appointees pursuant to provisions 12.12 and 12.13 of the Agreement; (Sections 6.04 A.9 and 6.04 A.10 of this document)

2) Next, offer work to other continuing multi-year (not 3-year) under provisions 12.12 and 12.13 full-time appointees;

3) Next, offer work to three-year, part-time appointees pursuant to provisions 12.12 and 12.13 up to their time base entitlement;

4) Next, offer work to individuals whose names appear on the list for the department established pursuant to Article 38.48, up to the time base entitlement of their most recent three-year appointment;

5) Next, offer work to continuing one-year and multi-year (not three-year under provisions 12.12 and 12.13) part-time appointees up to their time base entitlement;

6) Next, offer work to Visiting Faculty subject to the limitations in provision 12.35;

7) Next, pursuant to provision 12.7 (Section 6.04 A.3 of this document) give careful consideration to all part-time and full-time temporary faculty with no one-year or multi-year appointments who were employed during the current or immediate past academic year.  Temporary faculty in this group may be appointed in any order.  Full-time and part-time temporary faculty with no provision 12.3 (Section 6.04 A.1 of this document) appointment rights can be appointed to any time base and for any academic term(s).  If a decision is made not to reappoint temporary faculty in this category, the work previously performed by these faculty (if it continues to exist) shall be considered "new or additional" and assigned according to the order set forth in Paragraph 8 below.

8) Next, assign any remaining temporary work to temporary employees as "new or additional" work in the following order;

                                                              i.        First, offer work to three-year, part-time appointees up to and including   a 1.0 time base;
                                                      

                                                            ii.        Next, offer work to all other part-time temporary faculty offered appointments pursuant to paragraphs 4 and 5 above up to and including a 1.0 time base; and

                                                           iii.        Last, offer work to any other qualified candidate.

Pursuant to Article 20.2b (of the M.O.U.), the instructional assignments of individual faculty members will be determined by the appropriate administrator after consultation with the department chair of designee and/or the individual faculty member.

c. Summer Work Assignments

Summer work assignments are to be made pursuant to Article 21, Summer Session (of the M.O.U.)." (M.O.U. 12.30 A-C)

6. "The recruitment and appointment of tenure-track faculty shall take precedence over any appointment right and entitlement for temporary bargaining unit employees.  The work necessary to honor any conditional appointment right and entitlement for temporary bargaining unit employees may be used instead for the recruitment and appointment of new tenure-track faculty." (M.O.U. 12.31)

7. Part-time faculty unit employees shall be eligible to advance to the next higher rank after they have taught twenty-four (24) units at the top step of their current rank or after they have met additional specified departmental requirements for a higher classification.  Advancement is not automatic but depends upon evaluation of performance and the budgetary constraints of the University.  Recommendations shall be made by the department peer review committee and the department chair and forwarded to the dean of the college.  Recommendation for advancement in rank for part-time faculty unit employees shall be a separate process from that followed for promotion recommendations for full-time faculty unit employees. 

8. Please see Sections 5.04, 9.04 A. and 9.04 D. (Evaluation) of this document.

6.05 Appointment of Athletic Coach

A. Appointments to the classes of athletic coach shall be made by the President on either an academic year, ten-month or twelve-month basis, and may be renewed on a year-to-year basis, without acquisition of tenure.

B. Individuals who have served without a break in service in the classes of athletic coach, and who are appointed to positions in which academic tenure may be gained, may be credited with not more than two years of service in such positions as service required for tenure. 

6.06 Probationary Appointments 

A. "Initial probationary appointments and subsequent probationary appointments may be for a period of one (1) or more years.  Initial probationary appointments commencing at a time other than the beginning of the academic year (i.e., winter or spring quarter or spring semester) shall last until the end of the succeeding academic year."  (M.O.U. 12.22)

B. "Recommendations regarding probationary appointments shall originate at the department or equivalent unit.  Probationary appointment procedures shall include the following:"  (M.O.U. 12.23)

1. "Each department or equivalent unit shall elect a peer review committee of tenured employees for the purpose of reviewing and recommending individuals for probationary appointments.  At the discretion of the president and upon request of the department these peer review committees may also include probationary employees."  (M.O.U. 12.23a)

Note:  On this campus, the President has approved the inclusion of probationary faculty on the elected peer review committee or committees of any department or equivalent unit that chooses to request it.  

2. All substantive evaluations and final recommendations shall require the participation of all elected committee members.  If probationary faculty are elected to peer review committees, they shall share equally with tenured faculty in the rights and obligations of committee membership.  

Note:  Nothing in this section shall be interpreted to preclud