ARTICLE 5 - Rights, Duties and Responsibilities

Rights, Duties and Responsibilities of Faculty Members

5:01 The rights and responsibilities of a faculty member flow from the objects and purposes of the University which are the advancement of learning and the dissemination of knowledge, the intellectual, spiritual, moral, social and physical development of its members and students and the betterment of society; from their position as a faculty member; from the expectations of the University; from the requirements of the students; and from the legitimate claims of the community including Black, Indigenous, and racialized communities.

5:02 The primary rights, duties and responsibilities of a faculty member shall be those listed and described in clauses 5:23 to 5:37 inclusive.

5:03 A faculty member in fulfilling their duties and responsibilities shall deal ethically and fairly with colleagues and students and shall respect appropriate principles of confidentiality.

5:04 Faculty members are normally engaged on a full-time yearly basis from July 1 to the subsequent June 30. Faculty members shall fulfill their duties and responsibilities as specified in this Article, unless otherwise provided for in the letter of appointment or by reduction of duties and responsibilities as specified in this Agreement, or as specified in clauses 5:05 and 5:06. Faculty members shall meet the reasonable requirements and needs of students, colleagues and the University on a basis and at a location consistent with their obligations to undertake teaching, research/scholarship/creative activity and service activity.

5:05 A faculty member is entitled to take their uninterrupted annual vacation. The member may take part or all of the member’s annual vacation at a time which shall be mutually agreed between the member and the Dean, or Head as designate of the Dean, to ensure the uninterrupted continuation and quality of program(s) of the University in which the member is involved. Nothing in this paragraph derogates from the faculty member’s obligation to be regularly accessible.

5:06 Intellectual inquiry, teaching and research, relevant to a member’s professorial obligations under this Agreement, may require a faculty member to be absent from the campus from time to time. This may encompass off-campus teaching or research if such absence does not require a replacement during the period in which the faculty member is absent. However, a faculty member shall apply, normally in writing, in advance for such absence to the Dean, or Head as designate of the Dean, except where such activity falls within clauses 5:36 and 5:37 of this Agreement and the procedure therein. Such approval shall not be unreasonably withheld. In the event approval is withheld, the Dean, or Head as designate of the Dean, shall respond in writing, with reasons, within seven (7) days of the request.

5:07 The parties recognize that:

(a) the primary responsibilities of faculty members consist of teaching and research/scholarship/creative activity; the primary responsibility of teaching intensive faculty members is teaching, without expectation of research/scholarship/creative activity. The overall workload of faculty members comprises the following elements which may vary from time to time and from member to member: teaching, research/scholarship/creative activity, service to the University and academic, professional and/or civic community, including Black, Indigenous, and racialized communities without limiting the generality of clauses 5:36 and 5:37 and subject to any agreement which the member may make with the Dean, on the recommendation of the Head, under this Article to alter the normal distribution of the member’s workload;

(b) for purposes of this Article 5 only, the assignment of teaching loads, which shall normally not be more than four (4) credit courses for faculty members and shall normally not be more than eight (8) credit courses for teaching intensive faculty members, shall be made on the basis of the teaching year;

(c) the teaching component of the overall workload may be assigned during the summer semester, fall semester and winter semester. Except for courses assigned in accordance with clause 5:07 (d), faculty members shall not be required to teach in more than two (2) of the three (3) semesters of the teaching year. For teaching intensive faculty, whose workload shall normally not exceed eight (8) courses or their equivalencies, teaching in excess of eight (8) courses or their equivalencies in an academic year will be considered overload;

(d) a faculty member may agree to undertake extra teaching duties with no corresponding decrease in the expectations for research productivity. Such voluntary extra teaching duties shall either be subject to the provisions of clause 54:07 or be compensated by an appropriate adjustment made in the member’s teaching load within the next two (2) teaching years. Arrangements which involve adjustments to the member’s teaching load shall require the approval of the Dean;

(e)    where a faculty member agrees, the proportion of the member’s work devoted to teaching or service in the year for which the assignment is being made may be increased as provided for below and the expectations for research/scholarship/creative activity shall be correspondingly reduced. Such voluntary increases in teaching or service shall not be available to probationary appointments. This clause shall be applied where the Dean, or Head as designate of the Dean, consents and the faculty member voluntarily undertakes:

(i)   to develop or implement a major teaching project or program for which there is a demonstrable need;

(ii) to teach no more than one (1) course beyond the average teaching load determined under clause 5:13; or

(iii) to increase the member’s service duties for that year;

(f) on an annual basis, a teaching assignment one (1) course lower than the overall average teaching load assigned pursuant to clause 5:13 may be made where the faculty member demonstrates a significant current record of research/scholarship/creative activity;

(g) variations granted under clause 5:07 (d), (e) and (f):

(i)   shall be made in writing with a copy to the member’s personnel file; and

(ii)   shall be just and equitable;

(h) a faculty member shall not unreasonably deny a request by the Dean, after consultation with the Head, to undertake extra teaching for up to one (1) week in order to replace another faculty member who is unable to teach their course. When such extra teaching duties do not exceed half of the scheduled contact hours of the course, the faculty member shall be paid a prorated stipend, based on Article N, for the total portion of the course taught. When such extra teaching duties exceed half of the scheduled contact hours of the course, the faculty member shall be compensated by a course remission from future teaching duties or by payment of a stipend as specified in Article N, at the option of the member. If the faculty member elects to be compensated by a course remission, this shall be set forth in a letter signed by the member and the Dean.

5:08 (a) Subject to the jurisdiction of the Senate with respect to academic programs and courses offered in a given AAU, to clause 5:08 (c) of this Agreement, and to the jurisdiction of the University Review Committee on Faculty Workload, the Dean, on the recommendation of the Head after the Head’s consultation with faculty member(s), will assign and schedule the teaching and academic counselling duties and shall advise each faculty member on or before March 15 of each academic year of their assignment for the forthcoming teaching year. If the Dean proposes to assign an additional semester course under 5:08 (d), the Dean shall so advise the member in writing, on or before February 15. The member shall have the right to present to the Dean, with a copy to the Head, a written explanation demonstrating that the member has maintained an acceptable standard of research/scholarship/creative activity and/or a written outline of the member’s plan for future research/scholarship/creative activity demonstrating the likelihood of its fulfilment. The Dean, after consultation with the Head, shall take into account the explanation and/or written outline before assigning an additional course.

The Dean, in consultation with the Head, after the Head has consulted with the members of the AAU, shall prepare a statement for the AAU Council’s approval detailing an acceptable standard of research/scholarship/creative activity. If approved, the statement shall be applied by the Dean in determining whether a member has achieved the acceptable standard. Should the AAU Council fail to approve a standard that is acceptable to the Dean by December 31, 2005, the matter shall be referred to a meeting of the Dean, the Head and three members of the AAU Council, selected by the AAU Council, and chaired by the Provost, which shall seek an agreement on the standard. If an agreement is reached it shall be presented to the AAU Council for approval. Should the AAU Council not approve the recommended standard, the Provost shall stipulate the standard that will be applied by the Dean.

(b) At the time that a member is assigned to teach a course delivered by alternative learning technology the member shall be notified in writing by the Dean, after consultation with the Head, of the resources available to the member. The member shall be provided with training in the use of any such resources, where applicable. Training and any other resources shall be made available to the member at least 6 months in advance. No member shall be required to teach using instructional technologies that require simultaneous multiple method content delivery (i.e. Hy-Flex and/or similar approaches), and the refusal to do so shall not be held against a member in any tenure/permanence process.

(c) The Head, before recommending the assignment of teaching and academic counselling shall consult with each faculty member in the AAU and those members who have responsibilities for coordination of programs.

Each member’s teaching assignment shall be based on all relevant factors, including in particular, but not limited to:

(i) the number of separate courses taught at different times by each faculty member;

(ii) the number of scheduled contact hours per course;

(iii) the amount of preparation, grading and administration per course;

(iv) the number of students enrolled in each course;

(v) the level (e.g., introductory, upper year, graduate) of each course;

(vi) the type (e.g., lecture, laboratory, seminar, tutorial, workshop, or other form of delivery) of each course;

(vii) the training and delivery by the use of alternative learning technology;

(viii) the assistance of Teaching Assistants and/or Graduate Assistants or colleagues in the teaching of courses;

(ix) new course preparation and development of materials;

(x) the amount of intern, clinical, research, thesis, and other academic supervision of undergraduate and graduate students;

(xi) special factors such as the use of video-conferencing and other emerging instructional technologies;

(xii) the faculty member’s engagement in research/scholarship/creative activity, except for teaching intensive faculty, where no such requirement exists;

(xiii) the faculty member’s engagement in academic service, including committee work and the member’s representation on external bodies, provided such representation has been mutually agreed between the member and the Dean, after consultation with the Head;

(xiv) the faculty member’s engagement in activities that disseminate knowledge to the general public on behalf of the University;

(xv) the faculty member’s voluntary engagement in student recruitment;

(xvi) the faculty member’s voluntary engagement in fundraising;

(xvii) the faculty member’s approved teaching, research, scholarly work and service (including racialized, Indigenous, women, visible minorities, sexual/gender minorities, Aboriginal persons, and/or persons with disabilities members’ services to their communities) outside of the home AAU;

(xviii) continuing professional education as required for ongoing licensure, and

(xix)   academic counselling and mentorship, pedagogical and curricular advising, committee representation, and other labour in support of equity, diversity, and inclusion.

(d)   In the context of the overall workload of the member, the Dean and Head shall endeavour to achieve a just and equitable distribution of teaching assignments among the faculty members in each AAU, and shall relate assignments to the abilities and expertise of faculty members, and to the needs of students in the programs. The Dean, in assigning teaching and academic counselling duties, shall give due consideration to the member’s actual and prospective level of involvement in research/scholarship/creative activity (except for teaching intensive faculty, where no such requirement exists), teaching, student supervision and counselling, and to the member’s service activities, as indicated in the member’s annual curriculum vitae.

The Dean shall communicate the procedures for the distribution of graduate and teaching assistants applicable to all instructors in the upcoming academic year.

A greater involvement in research/scholarship/creative activity and/or service may result in the assignment of fewer teaching and counselling duties to a member, to no fewer than two (2) semester courses in the teaching year or six (6) semester courses in the case of a teaching intensive faculty member, provided that the teaching and academic counselling duties which the AAU must carry out can still be accomplished without placing undue burden on the other members. In cases where external awards specifically require teaching release, and the arrangement to compensate the University has been approved by the Dean, such release shall not be unreasonably withheld.

For those faculty whose responsibilities include research/scholarship/creative activity, a lesser involvement in research/scholarship/creative activity may result in the assignment of one (1) semester course beyond the overall average teaching load determined under clause 5:13 in the following circumstances.

If the Dean, after consultation with the Head, proposes to increase the teaching load of the faculty member, the Dean shall give the member an opportunity to provide evidence of an acceptable standard of research/scholarship/creative activity.

In the alternative, the member may present an attainable plan in writing for achieving an acceptable standard of research/scholarship/creative activity. When the plan is acceptable to the Dean, who shall consult with the Head, the Dean shall provide the member a reasonable opportunity and appropriate support, within reasonable limits, to implement the plan.

If, in the preceding academic year, the member was given the opportunity for achieving an acceptable standard of research/scholarship/creative activity as arrived at under 5:08 (a), or if in the current academic year the member does not present a written plan, the Dean shall offer the member the opportunity to make an agreement under 5:07 (e). If agreement under 5:07(e) is not reached, the Dean may alter the distribution of the member’s workload by assigning one (1) semester course beyond the overall average teaching load determined under clause 5:13.

(e) The AAU Head shall provide copies of the teaching assignments for the members in their AAU in public areas of the AAU, and via email. The University shall send a complete copy of the teaching assignments to the Office of the Association. Such copies shall be provided within 14 days of the date on which assignments must be made.

(f) The AAU Head shall provide copies of the composition of AAU committees in their AAU in public areas of the AAU and via email in a timely manner.

5:09 The AAU Council may recommend enrolment limits for courses annually by December 1st. The Head shall take these enrolment limits into consideration before forwarding their teaching assignment recommendations to the Dean.

5:10 (a) a faculty member whose responsibilities include research/scholarship/creative activity and whose teaching duties, as assigned under clause 5:08, include one (1) or two (2) semester courses scheduled during either intersession or summer session will normally have their teaching load reduced in the fall and/or winter semester; any such assignment which includes teaching duties in only one of the two sessions which comprise the summer semester, will be made with the mutual consent of the faculty member and the Dean, after consultation with the Head.

Teaching intensive faculty teaching loads will be distributed over at least two (2) semesters with no greater than four (4) courses in any given semester.

(b) except in instances involving AAU Heads as detailed under clause 31.03(b), no faculty member may have more than one (1) semester in sequence without teaching duties, except by mutual agreement between the faculty member and the member’s Dean, after consultation with the Head;

(c) nothing in this clause 5:10 precludes any other arrangement which is mutually satisfactory to the faculty member and the member’s Dean, after consultation with the Head;

(d) if one or more courses or sections of a course previously assigned to a faculty member on or before the March 15 deadline is/are cancelled because of lack of student enrolment, the faculty member shall not be held indebted to the University in terms of course load assignments. The faculty member concerned shall be assigned such other responsibilities which as part of their workload within the same semester, unless otherwise agreed by the member, are consistent with the terms of this Agreement and in particular this Article 5. With the agreement of the member, which shall not be withheld unreasonably, an additional course may be assigned to the member in lieu of the cancelled course;

(e) it is recognized that from time to time a faculty member’s teaching responsibilities may be altered no later than two (2) months prior to the start of a semester. Such alterations shall be reasonable and shall be made with the faculty member’s consent which shall not be withheld unreasonably.

5:11 No faculty member shall be required to teach overload without their consent. No faculty member shall be required to teach at a location outside the City of Windsor unless the member consents.

5:12 Following the initial assignment of the teaching duties of a faculty member under this Article, changes may be made by the Dean, after consultation with the Head, only as a result of changes in circumstances which could not reasonably have been foreseen at the time of the initial assignment, and after consultation with the faculty member affected. Any such change which constitutes an increase in the teaching load, other than as overload, is subject to all of the other provisions of clauses 5:07 to 5:22, including review by the University Review Committee on Faculty Workloads (URCFW). Should any such change require teaching in a semester which would otherwise have been free of teaching duties for the faculty member, it may be made only with the faculty member's consent. A faculty member returning from leave or extended illness after the beginning of a semester when it is not reasonably possible for them to fulfil their assigned teaching duties shall be assigned such other responsibilities as part of their workload within the same semester consistent with the terms of this Agreement and in particular this Article 5.

5:13 There shall be no increase in the overall average teaching load (defined as including all course assignments and remissions) of an AAU beyond those stipulated in 5:07 (b) unless agreed otherwise by the parties. The workload of teaching intensive faculty members will not be factored into the determination of the overall teaching load in this clause.

5:14 Both the University and the Association agree that one of the objectives of clauses 5:07 to 5:22 is to reduce the number of posted courses throughout the University.

University Review Committee on Faculty Workloads (URCFW)

5:15 There shall be established a URCFW comprising eight (8) persons:

(a) three (3) to be appointed from among the members of the Senate by the President, including the Provost who shall act as Chairperson;

(b) four (4) to be appointed by the Association from among the members of the Senate who are not ex officio members; and

(d) Committees shall fully reflect the values of diversity in composition of members (including the representation of gender, racial, Indigenous, sexual identities, and persons with a disability) and their inclusion in participation, practice, and deliberation. Aspirations for equitable, inclusive, and diverse committee compositions shall be managed by measurement, assessment, and continual improvement.

5:16 The URCFW shall review the teaching assignment(s) of a faculty member or faculty members upon the request of the member(s) and shall consider the following:

(i) the Dean’s reasons for making and Head’s reasons for recommending the assignments;

(ii) the Dean’s application of the criteria in clause 5:08 (c) and Head’s application of the criteria in clause 5:08 (c) in recommending the assignments;

(iii) the faculty member’s reasons for requesting the review;

and in the case of an assignment of an additional semester course pursuant to 5:08 (d) URCFW shall also consider:

(iv) the Dean’s reasons, after consultation with the Head, for concluding that the member has not maintained the approved standard of research/scholarship/creative activity and has not provided a plan for future research/scholarship/creative activity that the member has demonstrated as likely to be fulfilled, after having been provided with the opportunity to do so;

(v) the member’s written explanation demonstrating that the member has maintained the approved standard of research/scholarship/creative activity; and

(vi) any written outline of the member’s plan for future research/scholarship/creative activity.

Such requests for review of the teaching assignment(s) must be made to the Chair of URCFW in writing, accompanied by a statement of the basis of the request and supporting documentation on or before April 15 immediately following notification of the assignment(s) or the fifteenth day after notification of the assignment(s) to the faculty member(s), whichever is later. A copy of the request(s) for review and supporting documentation shall be forwarded to the Dean and Head by the Chair of URCFW within seven (7) days of receiving them.

5:17 The Dean, after consultation with the Head, shall provide a written response stating reasons for the decision under review. The written response, together with supporting documentation shall be forwarded to the member(s) at least ten (10) working days before the URCFW is scheduled to convene. Subsequent to receiving the response of the Dean, the member(s) may submit documentation in support of the request to the Chair of URCFW until five (5) working days before URCFW is to be convened. Thereafter and up to, and including the date scheduled for the review by URCFW, only documentation previously unavailable to the Dean or Head or the member(s) at the time they provided their statements and the supporting documentation may be submitted by any one or more of them. All the documentation submitted to the Chair of URCFW under this clause shall be forwarded to the Dean, the Head and the member.

5:18 Any review under clause 5:16 above will include a review of the overall workload of the faculty member(s). The URCFW meeting shall be open to the member(s), the Dean and the Head at all times except for when it is deliberating on its decision under clause 5:19 or when it is deliberating on a procedural decision. The URCFW shall convene at the call of the Chair to conduct the review requested of it and shall hear the representations from the member(s) and from the Dean or the Head. The member(s), the Dean and the Head shall furnish or cause to be furnished all information and documentation within their control as may be required by URCFW in carrying out its review of the member’s (s’) request. The order of presentations to the URCFW shall be as follows: the member(s) shall present the basis of the request for review; the Dean or the Head shall present the basis for the assignments; the member shall have an opportunity to respond. The member(s) may be accompanied at the URCFW hearing by an observer appointed by the Association.

5:19 After the review the URCFW shall, in a majority decision,

(i) confirm the teaching assignment for the faculty member(s), or

(ii) vary the teaching load of the faculty member or faculty members in order to achieve a just and more equitable workload, subject to the provisions of Article 5:07 (b).

5:20 Except as hereinafter provided the decision of the URCFW shall be binding upon the parties and shall be implemented by the Dean or Head. The decision shall be given in writing to the parties concerned no later than thirty (30) days after the written request made under clause 5:16 above.

5:21 Recourse to the grievance and arbitration procedures in this Agreement in cases of confirmation or variation of teaching assignment by the URCFW is limited to instances where it is alleged that the confirmation or variation:

(a) involves discrimination within the meaning of Article 11 or a breach of Article 12 of this Agreement, or

(b) involves violation of academic freedom within the meaning of Article 10 of this Agreement, or

(c) involves a procedural irregularity or defect in the application of, or failure to apply, the appropriate procedures, or

(d) is not just and equitable.

Grievances arising from the confirmation or variation of teaching assignment by URCFW shall commence at Step 3.

5:22 The parties agree that arbitration proceedings under clauses 5:07 to 5:21 shall be referred to a single arbitrator under clause 39:14 of this Agreement.

Rights, Duties and Responsibilities in Respect of Teaching and Academic Counselling

5:23 A member may select and use those teaching and support materials as well as those specific instructional techniques and technologies which the member believes to be appropriate. However,

(a) this selection and usage must be consistent with the policies and guidelines in force at the time the selection is made;

(b) resources required for techniques and technologies selected must already be available to a member’s AAU; and

5:24 The rights of a faculty member in respect of teaching and academic counselling shall be as follows:

(a) to teach and counsel;

(b) to be consulted in advance of the assignment of the member’s teaching and academic counselling duties;

(c) to order the course content and employ the teaching methodology appropriate to the subject matter and learning outcomes, consistent with academic freedom as set forth in Article 10 of this Agreement;

(d) to apply disciplinary measures in order to maintain a learning environment;

(e) to receive reasonable notification of assigned duties;

(f) to innovate teaching methods in order to improve teaching performance with due regard for the protection of the rights of students; and

(g) to be consulted about and have input into program development, design, delivery and evaluation.

5:25 The responsibilities of a faculty member in respect of teaching and academic counselling shall be as follows:

(a) to foster and maintain a learning environment which is productive of scholarly learning;

(b) to deal with students fairly and ethically including respecting appropriate principles of confidentiality;

(c) to be conscientious in the preparation, organization and revision of subject matter and of course materials related to the member’s assigned teaching duties;

(d) to comply with AAU policies concerning the coverage of course content and consistency in the assessment of students among and between multiple sections of the same course;

(e) to participate in program development, design, delivery, and evaluation;

(f) to teach the assigned courses to registered students at the times and places in the academic sessions designated in the published time table and except in the case of credit courses delivered through alternative learning technology, be present in the assigned place and times except as modified by mutual agreement by the faculty member and the Dean;

(g) to inform in the course outline the member’s students of course requirements, assignments, and evaluation methods and their timing and any other matters relating to course delivery as required by Senate bylaws and policies;

(h) to notify students and the Head or in the member’s absence, the Dean as far in advance as is practicable of the postponement and rescheduling of any class; postponement and rescheduling shall occur only in exceptional circumstances beyond the reasonable control of the faculty member or when prior arrangements have been made with the Head or in the Head’s absence, the Dean;

(i) to evaluate students’ performance and comply with the procedures and deadlines for reporting and reviewing grades except in circumstances beyond the reasonable control of the faculty member;

(j) in each semester in which a member has been assigned a teaching load the member shall make themselves available for student consultation on course-related matters on a regular basis, including examination periods, for the number of hours per week equal to the smaller of either five (5) or of two (2) times the number of courses the member has been assigned to teach in that semester, to meet the reasonable needs of students, and to make known this availability in writing in the course outline to their students and to the AAU Head within two (2) weeks after the start of lectures in a class or within such other time period as may be required by Senate bylaws and policies;

(k) to ensure as far as practicable that tutorials conducted by teaching assistants are productive of scholarly learning;

(l) where applicable, to supervise the work of the students and laboratory assistant(s), attend laboratories, provide for tutorials and engage in such other activities related to assigned credit courses so as to fulfill the assigned teaching load subject to the provisions of Article 5:07;

(m) to supervise, when applicable, students’ research, practical work, theses and major papers, projects and seminars;

(n) to ensure the rights of students, when innovating or experimenting with teaching techniques and formats, by conforming to AAU guidelines or by obtaining the approval of the appropriate AAU Head;

(o) to supervise and invigilate the member’s examinations only; when a faculty member, for good reason, cannot be present during an examination, the member shall ensure that appropriate supervision and invigilation take place;

(p) faculty are expected to take every precaution reasonable in the circumstances respecting the safety and health of co-workers and students in the discharge of their duties pursuant to this clause;

(q) to accept a fair and equitable share of student academic advising responsibilities.

Rights, Duties and Responsibilities as a Scholar Researcher

5:26 Scholarly and research activity conducted by a faculty member, except for teaching intensive faculty, where no such requirement exists, shall be directed to the objectives of increasing knowledge and understanding, improving the scholarly competence of the teacher and of initiating students, insofar as possible, into the academic discipline.

5:27 While the nature and extent of the endeavours of each faculty member may vary, a faculty member shall have the right and responsibility to devote a reasonable proportion of their time to research, scholarly and creative activity as evidenced through publication, public lectures or other appropriate means, except for teaching intensive faculty, where no such requirement exists. Class lectures shall not be considered to be the dissemination of research. The University agrees to provide as far as is practicable adequate facilities for research and scholarly activities.

5:28 Subject to clause 5:30, a faculty member shall be free to disseminate the results of their research through publications, public lectures, conference presentations and other appropriate means and shall endeavour to publish the results of their scholarship except where they consider that bona fide academic, moral and/or ethical reasons exist for withholding publication.

5:29 A faculty member shall, where appropriate, in their scholarly works acknowledge their affiliation with the University and any reliance on the work and/or assistance of others.

5:30 Where a faculty member undertakes to do research and the terms of the contract and/or research funding compel the member to withhold dissemination of that research, then such research shall not constitute scholarly or research activity for purposes of this Agreement, unless and until the research is disseminated through publication, public lectures, conference presentations and other appropriate means or unless the Provost agrees otherwise, whichever occurs first.

5:31 Annually on July 15, each faculty member and sessional lecturer shall provide in writing, or electronically, on a template to be provided by the University, to the Provost, and the Dean, with a copy to the Head, a complete current Curriculum Vitae as provided for in Schedule “A”.

5:32 In order to make recommendations respecting career progress the Head, or in the case of a Head, the Dean, shall complete performance reviews as required in the Senate Bylaws. Members may submit publications and other evidence of research/scholarship/creative activity/service prior to their employment at the University as part of their performance review. In addition, the Head, or in the case of the performance review of a Head, the Dean, shall complete a performance review for tenured professors, ancillary academic staff with permanence and librarians with permanence every three (3) years. In the case of a cross-appointment under Senate Bylaw 20, each cross-appointed member shall have a primary AAU, and the AAU Head of the primary AAU, shall have the responsibility for conducting the performance review in accordance with clause 31:02 (n). In so doing the Head, or in the case of a Head, the Dean, shall consider, in respect of a faculty, ancillary academic staff or librarian member, appropriate criteria, including the provisions of this Agreement and any criteria agreed by the AAU Council. If the conclusion of a performance review in respect to a faculty, ancillary academic staff or librarian member who has tenure or permanence as the case may be, is that the performance is unsatisfactory, such faculty, ancillary academic staff or librarian member shall be reviewed annually until the result is that the performance is satisfactory, at which time performance reviews will be conducted on a triennial basis. In the event of an unsatisfactory review, along with a copy of the review and at the same time, the member shall be given a letter from the Dean detailing the potential consequences of an unsatisfactory review.

The performance review shall be in writing and shall be completed by October 1 and shall be placed in the faculty, ancillary academic staff or librarian member’s personnel file. Each faculty, ancillary academic staff or librarian member who has received a performance review under this Article, within five working days of being informed of the contents of the review, shall have the right to make a written response which shall also be placed in the member’s file. In conducting the performance review the Head, or in the case of a Head, the Dean, shall review the faculty, ancillary academic staff or librarian member’s current Curriculum Vitae and any other material that the faculty, ancillary academic staff or librarian member and Head, or in the case of a Head, the Dean, may agree is relevant to the review. The Head, or in the case of a Head, the Dean, shall make such recommendations for promotion, tenure or renewal or about the future performance of the person receiving the review as may be pertinent to the faculty, ancillary academic staff or librarian members carrying out their duties under this Agreement.

5:33 A faculty member in pursuing their research responsibilities shall not exploit in any manner students under the member’s supervision by requiring participation beyond that which is the requirement for academic credit.

Other Rights, Duties and Responsibilities

5:34 Faculty members are required to work safely and to report all unsafe or unhealthy conditions and are expected to take every precaution reasonable in the circumstances respecting the safety and health of co-workers and students by abiding by all legal requirements regarding health and safety as they relate to the discharge of their duties pursuant to this clause.

5:35 A faculty member shall have the right and responsibility, where eligible, to serve as a member of AAU or Faculty councils and committees and, where eligible, in duly constituted bodies under the University of Windsor Act and/or this Agreement when called upon to do so or when elected to such bodies. In exercising these rights and fulfilling these responsibilities, a faculty member shall not act so as to infringe the academic freedom of any other faculty member.

Outside Activities

5:36 Consistent with their responsibilities to the University, a faculty member shall have the right to participate in the activities of the member’s profession, professional association(s), learned society(ies), professional advisory boards or professional committees. A member is encouraged to participate in outside activities referred to in this clause 5:36 that will enhance the standing both of the member and of the University.

5:37 A faculty member may engage in outside professional activity or act in a consulting or advisory capacity to public, private, or community clients, recognizing that outside professional activities, including those which support designated groups, can bring lasting benefits to and enhance the reputation of the University, the capacities of members, and the broader community as a whole. Furthermore, meaningful engagement with the public, private sectors, and communities offer a desirable means whereby the member may relate their professional activities and teaching to current practice, trends and developments, and thereby secure stimulation and experience valuable to their continued growth in their field of special interest and expertise and in enriching their educational services, subject to the following:

(a) such professional activity shall not conflict or interfere with the fulfilment of the member’s duties and responsibilities to the University as provided in this Agreement;

(b) the University may be the vehicle for outside professional activities or consulting by being a party to the contract. Under those circumstances, certain University services (such as payroll, accounts payable) would be made available to the individual faculty member in performing the activity/consulting. In those circumstances where the University is not the vehicle for outside professional activities or consulting by being a party to the contract, a member shall not devote more than an average of three (3) work days or equivalent per month, not to exceed thirty-six (36) days during normal University business hours to such activities in any academic year;

(d) a written statement (subject to the rules of professional confidentiality) of the nature, scope and extent of any professional activity or action in a consulting or advisory capacity shall be given by the member to the Dean and Head who shall assess compliance with clause 5:36 and this clause 5:37;

(e) the University shall be reimbursed for supplies, equipment, facilities and space used in connection with the professional activity, except that University activities shall have priority in such use;

(f) the name of the University or the University letterhead shall not be used in correspondence between a faculty member and the member’s client, or in any report the member may submit, and the name of the University shall not appear in any publicity or commercial presentation of the results of the consulting work nor shall the faculty member represent themselves as an agent of the University, except where the University is a party to the contract. If the University is not a party to the contract, the faculty member shall ensure the client does not consider the member as an agent of the University.

Rights, Duties and Responsibilities in Respect of Other Assigned Duties

5:38 Clauses 5:01 to 5:37 inclusive apply mutatis mutandis to activities such as coaching, program direction, play direction, staging of musical programs and athletic events whenever these are assigned duties for faculty members.

Rights, Duties and Responsibilities of Ancillary Academic Staff

5:39 When the duties mentioned in clause 5:38 are assigned to ancillary academic staff members of the bargaining unit, clauses 5:40 to 5:52 concerning rights, duties and responsibilities shall apply to such members.

5:40 An ancillary academic staff member in fulfilling their duties and responsibilities shall deal ethically and fairly with colleagues and students and shall respect appropriate principles of confidentiality.

5:41 Ancillary academic staff members are normally engaged on a full-time yearly basis from July 1 to the subsequent June 30.

5:42 An ancillary academic staff member shall be entitled to four (4) weeks vacation per year and may take part or all of their annual vacation at a time which shall be mutually agreed with the Dean or the Dean’s delegate/designate.

5:43 The parties recognize that the overall workload of ancillary academic staff members will be as contained in the member’s job description.

5:44 The Dean or the Dean’s delegate/designate after consultation with ancillary academic staff member(s), will assign and schedule all duties and shall advise each ancillary academic staff member in writing of the member’s assignment. Workload assignment will normally be made by March 15 to take effect on July 1 of each year. Any further changes to workload shall be by mutual agreement between the member and the Dean or the Dean’s delegate/designate. The Dean will provide a complete copy of the workload assignments to the Office of the Association on or before the deadline for notifying ancillary academic staff members of their assignments.

5:45 When ancillary academic staff members are assigned teaching duties, commencing in the 2022/2023 academic year, the maximum teaching load for an ancillary academic staff member hired after July 1, 2011 who teaches shall be four (4) courses. No AAS member shall be required to teach at a location outside the City of Windsor unless the member consents.

5:46 The University Review Committee on Faculty Workloads shall review the workload of an ancillary academic staff member or members upon the request of the member(s). Clauses 5:15 to 5:22 shall apply mutatis mutandis.

Rights, Duties and Responsibilities in Respect of Teaching for Ancillary Academic Staff Members

5:47   When ancillary academic staff members are assigned teaching duties, the rights of the member in respect of teaching shall be as follows:

(a)   to be consulted in advance of the assignment of their teaching duties;

(b) to order the course content and employ the teaching methodology appropriate to the subject matter and learning outcomes, consistent with academic freedom as set forth in Article 10 of this Agreement;

(d) to receive reasonable notification of assigned duties;

(e) to innovate teaching methods in order to improve teaching performance with due regard for the protection of the rights of students; and

(f) to be consulted about and have input into program development, design, delivery and evaluation.

5:48 A member may select and use those teaching and support materials as well as those specific instructional techniques and technologies which the member believes to be appropriate. However,

(a) this selection and usage must be consistent with the policies and guidelines in force at the time the selection is made;

(b) resources required for techniques and technologies selected must already be available to a member’s primary or secondary AAU; and

5:49 The responsibilities of an AAS member in respect of teaching shall be as follows:

(a) to foster and maintain a learning environment which is productive of scholarly learning;

(b) to deal with students fairly and ethically including respecting appropriate principles of confidentiality;

(c) to be conscientious in the preparation, organization and revision of subject matter and of course materials related to the member’s assigned teaching duties;

(d) to comply with AAU policies concerning the coverage of course content and consistency in the assessment of students among and between multiple sections of the same course;

(e) to participate in program development, design, delivery, and evaluation;

(h) to notify students and the Head or in the member’s absence, the Dean as far in advance as is practicable of the postponement and rescheduling of any class; postponement and rescheduling shall occur only in exceptional circumstances beyond the reasonable control of the member or when prior arrangements have been made with the Head or in the Head’s absence, the Dean;

(i) to evaluate students’ performance and comply with the procedures and deadlines for reporting and reviewing grades except in circumstances beyond the reasonable control of the member;

(j) in each semester in which a member has been assigned a teaching load the member shall make themselves available for student academic counselling and consultation on course-related matters on a regular basis, including examination periods, for the number of hours per week equal to the smaller of either five (5) or of two (2) times the number of courses the member has been assigned to teach in that semester, to meet the reasonable needs of students, and to make known this availability in writing in the course outline to their students and to the AAU Head within two (2) weeks after the start of lectures in a class or within such other time period as may be required by Senate bylaws and policies;

(k) to ensure as far as practicable that tutorials conducted by teaching assistants are productive of scholarly learning;

(m) to supervise, when applicable, students’ research, practical work, theses and major papers, projects and seminars;

(n) to ensure the rights of students, when innovating or experimenting with teaching techniques and formats, by conforming to AAU guidelines or by obtaining the approval of the appropriate AAU Head;

(o) to supervise and invigilate the member’s examinations only; when an AAS member, for good reason, cannot be present during an examination, they shall ensure that appropriate supervision and invigilation take place; and

(p) to take every precaution reasonable in the circumstances respecting the safety and health of co-workers and students in the discharge of the member’s duties pursuant to this clause.

Other Rights, Duties and Responsibilities of Ancillary Academic Staff Members

5:50 Ancillary Academic Staff are required to work safely and to report all unsafe or unhealthy conditions and are expected to take every precaution reasonable in the circumstances respecting the safety and health of co-workers and students by abiding by all legal requirements regarding health and safety as they relate to the discharge of their duties pursuant to this clause.

5:51 Consistent with the member’s assigned responsibilities, an AAS member shall have the right and responsibility, where eligible, to serve as a member of AAU or Faculty councils and committees and, where eligible, in duly constituted bodies under the University of Windsor Act and/or this Agreement when called upon to do so or when elected to such bodies. In exercising these rights and fulfilling these responsibilities, a member shall not act so as to infringe the academic freedom of any other member.

Outside Activities of Ancillary Academic Staff Members

5:52 Consistent with the AAS member’s assigned responsibilities, a member shall have the right to participate in the activities of their profession, professional association(s), learned society(ies), professional advisory boards or professional committees. A member is encouraged to participate in outside activities referred to in this clause 5:52 that will enhance the standing both of the member and of the University, including contributing to Black, Indigenous, and racialized communities in ways that address the needs of traditionally marginalized communities and vulnerable populations.

Rights, Duties and Responsibilities of Librarian Members

5:53 (a) The rights and responsibilities of a librarian member flow from the objects and purposes of the University which are the advancement of learning and dissemination of knowledge, the intellectual, spiritual, moral, social and physical development of its members and students and the betterment of society, including the respect for and inclusion of, Traditional Knowledge Systems; from their position as a librarian member; from the expectations of the University; from the requirements of the students; and from the legitimate claims of the community including Indigenous communities. In exercising the member’s rights and in fulfilling the member’s duties, a librarian member shall deal fairly and ethically with colleagues and students and shall respect appropriate principles of confidentiality.

(b) The primary rights, duties and responsibilities of a librarian member shall be those listed and described in clauses 5:53 to 5:62.

5:54 A librarian member shall have appropriate professional and academic qualifications and/or qualifications congruent with Traditional Knowledge Systems. The following category descriptions for librarian members foster recognition of the needs of the Library and of the University and recognition of professionalism of individual librarian members. A librarian member may be engaged with, from time to time and as assigned:

(i) collection development and management, including but not limited to selection, acquisition and preservation of library materials;

(ii) bibliographic organization and control of library materials;

(iii) direction, planning, implementation and supervision of library systems and electronic resources;

(iv) reader services, including but not limited to, general and specialized reference, interlibrary loan, bibliographic instruction and information literacy;

(v) managing, planning, organizing, implementing and directing the delivery of service to the publics served by the University Library or the Law Library; and

(vi) liaison with faculty members and students;

(vii) Traditional Knowledge Systems in the Library or Libraries, including but not limited to, the Library or Libraries’ collections, policies, programs, practices, and in sharing their knowledge in interactions with other units, faculty, staff, and students at the University;

(viii) Work in support of equity, diversity, and inclusion, including but not limited to, anti-racism education, anti-oppression education.

5:55 The University Librarian/Law Librarian, after consultation with the librarian member and where appropriate the Department Head, will assign and schedule workload in writing.

Overall workload shall include library service and, where appropriate, may include research/scholarship/creative activity, and/or engagement with Traditional Knowledge Systems as mutually agreed upon by the member and the University Librarian/Law Librarian, professional or Indigenous community/organization service and activity, and service to the University. The University Librarian/Law Librarian shall endeavour to achieve a just and equitable distribution of workload among professional librarians.

Workload shall be such that the duties and responsibilities assigned can be carried out within the normal hours of work for librarians. Workload assignment will normally be made by March 31 to take effect on July 1 of each year. Any further changes to workload shall be by mutual agreement between the member and the University Librarian/Law Librarian as appropriate. A credit course(s) may be assigned as part of a librarian’s workload assignment only if requested by the librarian and with the agreement of the University Librarian/Law Librarian and the Dean of the Faculty wherein the credit course(s) is listed.

(a) The University Librarian/Law Librarian will provide copies of the assignments of workload for the members of the University Library/Law Library on the following basis:

(i)   three (3) copies shall be available on Reserve in the appropriate Library.

(ii)   a complete copy of the workload assignments shall be sent to the Office of the Association.

Such copies shall be provided on or before the deadline for notifying librarian members of their assignments.

University Review Committee on Librarian Workloads (URCLW)

(b) There shall be established a URCLW comprising eight (8) persons:

(i) three (3) to be appointed by the President, including the Provost or delegate who shall act as Chairperson;

(ii) four (4) to be appointed by the Association; and

(iii) a non-voting employment equity/procedures assessor.

(iv) Committees shall fully reflect the values of diversity in composition of members (including the representation of gender, racial, Indigenous, sexual identities, and persons with a disability) and their inclusion in participation, practice, and deliberation. Aspirations for equitable, inclusive, and diverse committee compositions shall be managed by measurement, assessment, and continual improvement.

(c) The URCLW shall review the workload of a librarian member or librarian members upon the request of the member(s). Such requests for review of the workload must be made to the Chair of URCLW in writing accompanied by a statement of the basis of the request and supporting documentation on or before April 30 immediately after notification of the assignment(s) or the fifteenth day after notification of the assignment(s) to the librarian member(s), whichever is later. A copy of the request(s) for review and supporting documentation shall be forwarded to the University Librarian and the Associate University Librarian by the Chair of URCLW within seven (7) days of receiving them.

(d) A written response of the University Librarian stating reasons for the decision under review together with supporting documentation shall be forwarded to the librarian member(s) at least ten (10) working days before the URCLW is scheduled to convene. Subsequent to receiving the response of the University Librarian, the librarian member(s) may submit documentation in support of the request to the Chair of URCLW until five (5) working days before URCLW is to be convened. Thereafter and up to, and including the date for the review by URCLW, only documentation previously unavailable to the University Librarian or the Associate University Librarian or the librarian member(s) at the time they provided their statements and the supporting documentation may be submitted by any one or more of them. All the documentation submitted to the Chair of URCLW under this clause shall be forwarded to the University Librarian, the Associate University Librarian and the librarian member(s).

(e) Any review under clause 5:55 (c) above will include a review of the overall workload of the librarian member(s). The URCLW meeting shall be open to the member(s), the University Librarian and the Associate University Librarian at all times except for when it is deliberating on its decision under clause 5:55 (f) or when it is deliberating on a procedural decision. The URCLW shall convene at the call of the Chair to conduct the review requested of it and shall hear the representations from the librarian member(s) and from the University Librarian or the Associate University Librarian. The librarian member(s), the University Librarian, or Associate University Librarian shall furnish or cause to be furnished all information and documentation within their control as may be required by URCLW in carrying out its review of the librarian member’s (s’) request. The order of presentations to the URCLW shall be as follows: the librarian member(s) shall present the basis of the request for review; the University Librarian or Associate University Librarian shall present the basis for the assignments; the librarian member(s) shall have an opportunity to respond. The librarian member(s) may be accompanied at the URCLW hearing by an observer appointed by the Association.

(f) After the review the URCLW shall, in a majority decision,

(i) confirm the workload for the librarian member(s), or

(ii) vary the workload of the librarian member or librarian members in order to achieve a more equitable workload within the Library.

(g) Except as hereinafter provided the decision of the URCLW shall be binding upon the parties and shall be implemented by the University Librarian or Associate University Librarian. The decision shall be given in writing to the parties concerned no later than thirty (30) days after the written request made under clause 5:55 (c) above.

(h) Recourse to the grievance and arbitration procedures in this Agreement in cases of confirmation or variation of workload by the URCLW is limited to instances where it is alleged that the confirmation or variation:

(i) involves discrimination within the meaning of Article 11 or a breach of Article 12 of this Agreement, or

(ii) involves violation of academic freedom within the meaning of Article 10 of this Agreement, or

(iii) involves a procedural irregularity or defect in the application of, or failure to apply, the appropriate procedures, or

(iv) is not just and equitable.

Grievances arising from the confirmation or variation of workload by URCLW shall commence at Step 3.

(i) The parties agree that arbitration proceedings under clauses 5:54 to 5:55 shall be referred to a single arbitrator under clause 39:14 of this Agreement.

5:56 The primary rights, duties and responsibilities of a librarian member shall include an appropriate combination of
the following:

(a) the right and the responsibility, as provided in this Agreement, to develop professionally or within Traditional Knowledge Systems and, where appropriate, academically, and to devote their energies to fostering an environment conducive to learning in the libraries;

(b) the responsibility to carry out the approved policies and duties in the University Library or the Law Library, subject to clauses 5:53 to 5:55;

(c) consistent with the member’s primary duties and responsibilities to the University, a librarian member shall have the right and responsibility, when eligible, to serve as a member of duly constituted library committees and to participate, when eligible, in duly constituted bodies under the University of Windsor Act and/or this Agreement when called upon to do so or when elected to such bodies.

5:57 (a) There shall be a University Library Administrative Committee to recommend the formulation of Library policy and procedures. Membership shall be as follows:

•   the University Librarian as Chairperson,
•   the Associate University Librarian(s),
•   the University Library librarian members,
•   the Ancillary Academic Staff member(s)
•   two representatives of the full-time library support staff, elected annually by and from full-time library support staff,
•   three (3) students, one to be nominated by each of the presidents of UWSA, OPUS, and GSS.

Committees shall fully reflect the values of diversity in composition of members (including the representation of gender, racial, Indigenous, sexual identities, and persons with a disability) and their inclusion in participation, practice, and deliberation. Aspirations for equitable, inclusive, and diverse committee compositions shall be managed by measurement, assessment, and continual improvement.

(b) Members of the University Library Administrative Committee who hold limited term appointments or are representatives of library support staff shall not participate in appointment procedures for librarians, or for the University Librarian or for Associate University Librarian, or in promotion, renewal and permanence procedures, or stand for election to the Senate or serve on Senate.

5:58 Librarian members are normally engaged on a full-time yearly basis from July 1 to the subsequent June 30.

5:59 Librarians are entitled to annual vacation following the provisions of clause 46:02.

5:60 Consistent with the member’s primary duties and responsibilities, a librarian member shall have the right and responsibility to participate in the activities of their profession(s), professional associations and/or learned societies, including those which support the communities/organizations of designated groups, and is encouraged to participate in such activities which will enhance the standing of both the librarian member and the University.

5:61 Librarian members, when engaged in teaching, research and/or outside activities as defined in clauses 5:23 to 5:37 inclusive of this Agreement, shall have the same rights and responsibilities as faculty members, mutatis mutandis.

5:62 Librarians are required to work safely and to report all unsafe or unhealthy conditions and are expected to take every precaution reasonable in the circumstances respecting the safety and health of co-workers and students by abiding by all legal requirements regarding health and safety as they relate to the discharge of their duties pursuant to this clause.

Files and Personal Communications

5:63 The University acknowledges that a member’s files, by which is meant files which are not maintained for University purposes or business, and personal communications, including those that are stored or transferred electronically on University computer systems are private, and that the University does not have a right to examine or to utilize the content of such files and communications.

Outside Employment

5:64 Except as otherwise provided in clauses 5:36 and 5:37 no faculty, librarian, or AAS member shall be employed outside the university, unless agreed by the Provost following the recommendation of the Dean in consultation with the Head provided that:

(a) such employment shall not conflict or interfere with the fulfilment of the member’s duties and responsibilities to the University as provided in this Agreement;

(b) such employment shall not reflect adversely or be to the detriment of the University;

Credit Courses Delivered Through Alternative Learning Technology

5:65 (a) A member who has written or made a major revision of a credit course delivered through alternative learning technology at the request of the University shall have the right to teach that course the first two (2) times it is offered. Such member will make best efforts to be available to teach the course the first two (2) times it is offered. After the member has taught the course two (2) times an assignment may be made to a member as part of normal workload or an appointment may be made in accordance with the criteria and procedure outlined in Article 54 of this Agreement.

(b) The weighting of credit courses delivered through alternative learning technology shall be no less than the value assigned to standard delivery courses.

(c) Material developed for use in the delivery of credit courses through alternative learning technology shall be considered class notes under Article 35:02(c).

5:66 Where the member provides evidence that their contract of employment required them to pay their own expenses while carrying out the duties of their employment, the University shall provide a T2200 in accordance with the Income Tax Act.

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