Article 9 – Appointment

9.1 Policy. The Board will exercise its authority to determine the standards, qualifications, and criteria so as to fill appointment vacancies in the bargaining unit with the best possible candidates. In furtherance of this aim, the Board will, through the University,

(a) advertise such appointment vacancies;

(b) receive applications and screen candidates therefor;

(c) make such appointments as it deems appropriate under such standards, qualifications, and criteria; and

(d) commit to an effort to identify and seek qualified women and minority candidates for vacancies and new positions.

9.2 Vacancies. Bargaining unit vacancies will be advertised through the University’s website and through other appropriate professional channels.

9.3 Employment Contract. All appointments will be made on a University employment contract and signed by the President or representative and the faculty member. The University may include informational addenda or addenda reflecting negotiations between the parties, except that such addenda may not abridge the faculty member’s rights or benefits provided in the Agreement. All academic year appointments for faculty members will begin on the same date unless legal restrictions require otherwise. The University employment contract will contain the following elements:

(a) Effective Date;

(b) Professional Classification System title, class code, rank, and appointment status;

(c) Employment unit (e.g., department, college, institute, area, center, etc.);

(d) Length of appointment;

(e) Special conditions of employment;

(f) A statement that the position is (1) tenured, (2) non-tenure earning, (3) tenure-earning (specifying prior service in another institution to be credited toward tenure); or (4) fixed-term multi-year appointment.

(g) A statement that the faculty member’s signature on the standard employment contract will not be deemed a waiver of the right to process a grievance with respect thereto in compliance with Article 22 (Grievance Procedure and Arbitration);

(h) The following statement, if the appointment is not subject to notice provisions of section 13.2: “Your employment under this contract will cease on the date indicated. No further notice of cessation of employment is required.”;

(i) A statement that the appointment is subject to the Constitution and laws of the State of Florida and the United States, the rules of the Board of Governors and the University, and this Agreement;

(j) Percent of full time effort (FTE) assigned;

(k) Salary rate;

(l) The minimum salary for the rank or job classification;

(m) The statement: “The UWF BOT/UFF Collective Bargaining Agreement (Article 6, Nondiscrimination) prohibits discrimination against any faculty member based upon race, color, sex, sexual orientation, religious creed, national origin, age, veteran status, disability, political affiliation, marital status, or employee rights related to union activity as granted under Chapter 447, Florida Statutes. Discrimination or harassment based on anti-Semitism is treated as discrimination or harassment based upon race and religion. Claims of such discrimination by the Board or the University may be presented as grievances pursuant to Article 22 (Grievance Procedure and Arbitration).”;

(n) A statement informing the faculty member of the obligation to report any outside activity or potential conflict of interest under the provisions of Article 21 (Conflict of Interest/Outside Activity) of the Collective Bargaining Agreement; and

(o) Principal place of employment.

9.4 Appointments.

(a) Change in appointments.

(1) A faculty member serving on a calendar year appointment may request an academic year appointment, or an annual leave accruing appointment of less than twelve (12) months but more than nine (9) months. Similarly, a faculty member serving on an academic year appointment may request a calendar year appointment or an annual leave accruing appointment of less than twelve (12) months but more than nine (9) months. The President or representative will carefully consider such requests, although staffing considerations and other relevant University needs may prevent their being granted.

(2) Upon approval by the President or representative, and assuming that the assigned responsibilities remain substantially the same, a faculty member’s base salary will be adjusted by 81.8 percent when changing from a calendar year to an academic year appointment or by 122.2 percent when changing from an academic year to a calendar year appointment. For a faculty member whose appointment was previously changed from an academic year to a calendar year appointment at a salary adjustment other than 122.2 percent or from a calendar year to an academic year appointment at a salary adjustment other than 81.8 percent, the percent which is the reciprocal of the percent previously used will be used to make the salary adjustment. For the purpose of determining base salary for this adjustment, any temporary supplement shall not be included in the calculation of base salary.

(3) Upon approval of a change from an academic year appointment to an annual leave accruing appointment of less than twelve (12) months but more than nine (9) months, the faculty member’s salary will be adjusted to a percent of the calendar year base which is mathematically proportionate.

(4) Upon approval of a change from an annual leave accruing appointment of less than twelve (12) months but more than nine (9) months to an academic year appointment, the faculty member’s base salary will be adjusted to a percent of the annual leave accruing base which is mathematically proportionate.

(b) Summer Appointments.

(1) Policy.

a. Available supplemental summer appointments shall be offered equitably as appropriate to qualified faculty, not later than five (5) weeks prior to the beginning of the appointment, if practicable, in accordance with written criteria. The criteria will be made available in each department/unit.

b. Supplemental Summer appointments will be made in accordance with section 10 12.945, Florida Statutes (the “twelve hour law”).

c. No employee shall be obligated to accept a supplemental summer appointment. An employee shall accept an offer of supplemental summer employment within seven (7) calendar days of receipt of the formal, written offer or forfeit his/her preference.

(2) Supplemental Summer Compensation.

a. A faculty member will receive approximately the same total salary for teaching a course during a supplemental Summer appointment as he or she received for teaching the same course, or a course similar in length and content, during the academic year, regardless of the length of the supplemental Summer appointment.

b. The instructional FTE will ordinarily be that assigned to a course offered during the academic year which is the same or similar to that being offered in the Summer. This academic year instructional assignment may not exceed .25 FTE for a three (3) contact hour course, except that contact hour equivalencies may be assigned for classroom instructional activities which involve unusual and significant requirements for classroom preparation, conduct of classes, student evaluation, etc. The academic year FTE will be increased during the supplemental Summer appointment proportional to the shorter length of the Summer terms.

Summer FTE will be computed as follows:

Summer FTE = Academic Year FTE x (Weeks in Academic Semester / Weeks in Summer Semester) + Other FTE (as provided in d., below)

Summer FTE = .25 x (19.5 / 13) + Other FTE = (.25 x 1.5) + Other FTE = .375 + Other FTE

Salary for one (1) course in the Summer with an assumed nine (9)- month salary of $44,000 and zero (0) Other FTE for a thirteen (13) week Summer appointment will be computed as follows:

Summer Compensation = Annual nine (9)-month salary x Summer FTE x (# pay periods for Summer semester / # pay periods for academic year semester)

Summer Compensation = $44,000, x .375 x (6.5 / 19.5) + 0* = $44,000 x .375 x 14 .333 = $5,500

*assuming no “Other FTE” is assigned for the Summer

c. Note that contact hour equivalencies may be assigned in the Summer for classroom instructional activities which involve unusual and significant requirements for class preparation, conduct of classes, student evaluation, etc. These assigned FTE’s also will be proportionally greater in the Summer than in the academic year in recognition of the shorter length of the Summer terms.

d. The instructional FTE assignment described in 9.4(b)(2)b., above, does not include other credit-generating activities such as thesis/dissertation supervision, directed individual studies, supervised research/teaching, and supervision of student interns. These activities, as well as Research or Service activities may be assigned by the University during the Summer term as “Other FTE” but are not part of the “FTE for Semester Instructional Assignment” described in the preceding paragraphs, need not be assigned in conjunction with Summer instructional assignment, and need not be allocated according to the same FTE equivalent as during the academic year. Any such reduction in FTE must, however, correspond to an appropriate reduction in assigned duties. In order for “Other FTE” activities to be compensated, they must be in writing, requested by the University, and included, along with the assigned FTE percentage, on the faculty member’s Summer Work Assignment.

(c) Extra Compensation Appointments. Extra compensation is defined as compensation for any duties (including work activities previously designated as overload) in excess of a full appointment (1.0 FTE). Available extra compensation appointments with the University will be offered equitably and as appropriate to qualified faculty in sufficient time to allow voluntary acceptance or rejection and are subject to the provisions of section 25.9 (Type of Payment for Assigned Duties).

(d) Visiting Appointments. A “visiting” appointment is one made to a person having appropriate academic or professional qualifications but who is not expected to be available for more than a limited period, or to a person in a position that the University does not expect to be available for more than a limited period. A visiting appointment may be offered in single or multi-year contracts, not to exceed a total of four (4) consecutive years.

(e) Adjunct Appointments. The use of adjuncts at the University will, upon the request of the UFF representatives, be a subject of consultation under the provisions of Article 2 (Consultation).

(f) Fixed Multi-year Appointments.

(1) Two (2)– to five (5)– year fixed multi-year appointments may be offered for the following:

a. Non-tenured or non-tenure earning Curators, and Counselors/Advisors;

b. Scholars/Scientists/Engineers and Associate in/Assistant in;

c. Clinical faculty;

d. Individuals who have officially retired from universities or other organizations who are at least fifty-five (55) years of age;

e. Tenured faculty who decide to give up their tenured status to take advantage of whatever incentives might be offered by a fixed multi-year appointment; and

f. Individuals who have held the rank of full professor for at least seven (7) years at an institution of higher education.

(2) Successive fixed multi-year appointments may be offered to eligible faculty hired pursuant to section 9.4(f)(1) as follows:

a. Criteria used to determine in which instances to offer successive appointments include consideration of the basis for the initial fixed multi-year appointment, evaluation of performance, professional growth, extent and currency of professional qualifications, contribution to the mission of the department or program, staffing needs, funding source alternatives, and continuing program considerations. Such criteria will be in writing and available to all eligible faculty.

b. The faculty member will be advised in the penultimate year of the appointment that to be considered for a successive fixed multi-year appointment, he or she must submit a request and written documentation pursuant to written procedures established by the University. The University will notify the faculty member in writing of the decision to offer or not offer a successive appointment by the beginning of the final year of the faculty member’s current appointment.

(3) Instructors, Lecturers, Research Associates and Librarians on multi-year appointments.

a. Instructors, Lecturers, Research Associates and non-tenure earning Assistant Librarians, Associate Librarians and Librarians shall be offered a three-year multi-year contract appointment in circumstances where the faculty member had received an overall Dean’s rating of “excellent” or above on each of his or her three most recent consecutive annual evaluations.

b. In the event that the faculty member qualifies for a subsequent consecutive three-year multi-year contract, by receiving an overall Dean’s rating of “excellent” or above in each of his or her six most recent annual evaluations, he or she shall receive a base wage increase of one thousand dollars ($1,000.00). The one thousand dollar ($1,000.00) increase may not be received more than once every six years (every other three-year contract).

c. Faculty on multi-year contracts funded in whole or in part by grant funds will have the multi-year contract end in the event the grant funding is terminated. Any wage increase identified in section 3(b) for a grant funded position is dependent upon whether grant funds are available to allow for the increase.

d. Library faculty may qualify for the multi-year contract defined at section 3(a) but are not eligible for the wage increase defined at section 3(b).

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