ARTICLE 12 APPOINTMENT OF MEMBERS
I. Appointments (General)
12:01 In accordance with Section 21(1)c of the University of Windsor Act, the Board of Governors shall continue to have power to appoint members of the academic staff, but all such appointments made by the Board of Governors shall be made in accordance with the rules and regulations, with respect to qualifications for appointment, as may from time to time be adopted by the Senate, and the President shall, before making such recommendations for appointment, consult with the appropriate committee of the Senate regarding such appointments.
12:02 Each appointment is made by the Board of Governors on the recommendation of the President after compliance with the procedures set forth in this Article 12.
12:03 A letter of appointment signed by the President or his/her delegate shall be sent by mail to each person appointed to a position within the bargaining unit. Each such letter shall specify the class, length, terms and conditions of appointment, including rank and Normal Salary.
12:04 The University undertakes to provide to each new member, as soon as practicable after the inception of his/her employment with the University, a comprehensive pamphlet or pamphlets setting out in detail the particulars of all of the University's fringe benefit Plans.
II. Appointment of Faculty Members
12:05 The parties recognize full-time appointments of faculty members as established by the Senate are of three (3) classes:
(a) Appointment of Limited Term - i.e., an appointment of a specified period of one (1) to three (3) years subject to annual review and continuation for appointments of two (2) and three (3) years, implying no commitment by the University of renewal or continuation beyond the specified term and limited to:
(i) replacement of persons on sabbatical or other leave;
(ii) engagement of distinguished visiting professors or persons with special knowledge, expertise, or experience;
(iii) accommodation of enrolment fluctuations of probable short duration;
(iv) accommodation of vacancies in the full-time academic staff until full-time qualified persons acceptable for appointments are available.
(b) Probationary Appointment - i.e., an appointment for a specific term, called the probationary period, during which the University undertakes to give serious consideration, subject to the provisions of Article 13, and in accordance with the procedures of the appropriate Senate By-law, to the granting of tenure to the faculty member involved during the last year of the total probationary period. In exceptional circumstances a faculty member may be considered for tenure prior to the expiration of the probationary period, provided the member has served for two years at this University prior to such application. The total probationary period shall be:
(i) Lecturer - the total probationary period for a Lecturer shall not exceed seven (7) years' service at this University. Further reappointment beyond the maximum probationary period shall be with tenure.
(ii) Assistant Professor - the total probationary period for an Assistant Professor shall not exceed five (5) years' service at this University at any rank. Further reappointment beyond the maximum probationary period shall be with tenure.
(iii) Associate Professor - the total probationary period for an Associate Professor shall not exceed four (4) years' service at this University at any rank. Further reappointment beyond the maximum probationary period shall be with tenure.
(iv) Professor - the total probationary period for a Professor shall not exceed three (3) years' service at this University at any rank. Further reappointment beyond the maximum probationary period shall be with tenure.
Service shall not include the period of leave under clauses 18:05 (a) and 18:05 (b) and Article 20 of this Agreement, but service at another University may be considered in determining the time required, if any, for granting of tenure.
In the event that an AAU Renewal, Promotion and Tenure Committee recommends a faculty member, who is in the last year of his/her probationary service, for tenure but that recommendation is not accepted by UCAPT, or by the President, the member shall be offered a one-year, non-renewable, full-time, limited term appointment or, if agreed to by both the member and the President after consultation with the Dean, six months' salary on the termination of his/her probationary appointment. In the event that an AAU does not recommend a faculty member, who is in the last year of his/her probationary service, for tenure and that recommendation is accepted by UCAPT, the member shall be offered either a one-year, non-renewable, full-time, limited term appointment or six months' salary on the termination of his/her probationary appointment at the discretion of the President of the University after consultation with the Dean.
(c) Appointment with Tenure (or without Term) - i.e., an appointment without specified term which shall be with tenure and which shall continue until the normal retirement age or unless terminated in accordance with the provisions of this Agreement, and subject to the provisions of this Agreement with respect to lay-off.
(d) Where a member on a probationary appointment has to take medical leave of more than six (6) weeks the member may elect to extend the period for which his/her performance must be considered for renewal of his/her appointment or for tenure by no more than the period of time for which she/he took medical leave. All deadlines and procedures relating to the consideration of renewal of the member's appointment or tenure shall be extended by the extension period so elected by the member.
(e) In case of serious illness, extraordinary family responsibilities or other exceptional circumstances, a member may request in writing, in a letter directed to the Provost, to have his/her consideration for tenure extended for a period of up to three (3) years. Such extensions shall not be unreasonably denied. The Faculty Association shall be notified of all such requests in writing as soon as possible.
12:06 (a) The total period of appointments of limited term at any rank shall not exceed the appropriate duration of probationary periods at that rank. Any further reappointments shall be with tenure; this clause shall not apply to persons appointed to professorships under clause 12:06 (b).
(b) (i) Where the University seeks to appoint a person to a professorship funded by an external organization or individual, such appointment shall be made in accordance with Senate Bylaws, this Agreement and such terms as the external organization or individual may request as a condition of funding the professorship, and the University may agree.
(ii) Persons appointed to professorships funded by an external agency under a funding agreement with the University shall be appointed for a period of not more than five (5) years which may be renewed in accordance with the appointment procedures under the Senate Bylaws and this Agreement for such period as the funding is expected to continue.
(c) Members who have accumulated service on a limited term basis and obtain a probationary stream appointment shall have the normal probationary period under clause 12:05 (b) corresponding to their rank.
12:07 All limited term appointments will be considered to be at least at the rank of Lecturer and entitled to, at the minimum, the salary floor for their rank.
12:08 All limited term reappointments shall be eligible for the same salary increases as probationary appointments.
12:09 Limited term appointments and initial probationary appointments shall normally commence on July 1 or January 1. However, where the teaching program of an AAU would be benefited, appointments may commence on appropriate dates to meet the needs of the program.
(a) An initial probationary appointment commencing on January 1 shall be for a term of eighteen (18) months therefrom.
(b) A limited term appointment commencing on January 1 may be for a term of twelve (12) months or eighteen (18) months therefrom.
(c) A limited term or probationary appointment of eighteen (18) months shall be deemed equivalent to one (1) year of service for the purposes of tenure consideration.
Research Chairs
12:10 (a) The creation of research chairs by the University shall be subject to the agreement of Senate. Such chairs may be open to either internal or external candidates or both. Appointments to such chairs shall be made following a process determined by the President. Appointments shall be made by the President, or his/her delegate on the recommendation(s) of a committee appointed by the President composed of the Vice-President, Research (Chair), the Provost, the Dean of Graduate Studies and Research, a University Professor, a faculty member holding a junior Canada Research Chair or equivalent, and an employment equity and procedures assessor. Both genders shall be represented on this committee. All appointments of external candidates shall be subject to the agreement of the relevant AAU(s).
(b) Research Leadership Chairs
- (vii) The Faculty Research Leadership Chairs Committee shall solicit letters of reference from at least three (3) and no more than five (5) referees of established research reputation in the candidate’s field who are not faculty members within the University and who are at ‘arms length’ from the candidate; at least one (1) referee shall be chosen by the Faculty Research Leadership Chairs Committee from among the names on the list provided by the candidate and at least two (2) referees shall be nominated and chosen by the Faculty Research Leadership Chairs Committee.
- (viii) The Faculty Research Leadership Chairs Committee may, at its election, interview all, but not some, of the short-listed candidates.
- (ix) Following the review of the completed applications, the Faculty Research Leadership Chairs Committee shall forward the complete files of the three (3), or fewer if applicable, candidates with a rank order of the preferred candidate(s) with reasons for the selections to the Chair of the University Research Leadership Chairs Committee together with the PCEE’s approval for the forwarding of the recommendations.
- (x) The University Research Leadership Chairs Committee shall consider the recommendations and if necessary seek clarification from the Dean of the Faculty submitting the recommendation(s).
- (xi) The University Research Leadership Chairs Committee may also seek further references should any matter require clarification.
- (xii) The University Research Leadership Chairs Committee shall report its recommendation to the Dean of the proposing Faculty. If the decision is contrary to the recommendation forwarded by the Faculty Research Leadership Chairs Committee, the University Research Leadership Chairs Committee shall provide a reasonable opportunity for the Faculty Research Leadership Chairs Committee to respond. After receiving a response, or failing it, the University Research Leadership Chairs Committee shall make its recommendation and submit it for PCEE approval.
- (xiii) The University Research Leadership Chairs Committee shall report its recommendation to the President following which the President shall convey his/her decision to the Committee. If the President’s decision is positive, the positive recommendation shall be sent to the Provost who will work with the Dean to finalize the terms of the appointment in accordance with the terms of University Research Leadership Chairs program.
- (xiv) All proposed renewals of research leadership chair appointments will be reviewed by the Faculty Research Leadership Chairs Committee and thereafter by the University Research Leadership Chairs Committee employing the same process as for appointments above except that the Faculty Research Leadership Chairs Committee and the University Research Leadership Chairs Committee shall consider only the incumbent with specific reference to her or his performance as a research leadership chair.
(e) The initial salary to be paid to the chair holder shall be:
(i) in the case of an internal candidate appointed to a junior chair,
the greater of $70,000 or the appointee’s normal salary plus ten (10%) percent;
(ii) in the case of an external candidate appointed to a junior chair, a
minimum of $70,000, including any specified special research chair stipend;
(iii) in the case of an internal candidate appointed to a senior chair, t he greater of $100,000 or the appointee’s normal salary plus ten (10%) percent;
(iv) in the case of an external candidate appointed to a senior chair, a
minimum of $100,000, including any specified special research chair stipend.
(f) This special research chair stipend and minimum salaries under 12:10 (e) shall be subject to all salary increases provided by this Agreement and shall cease when the research chair appointment ceases, except in the case of Canada Research Chairs which shall be subject to satisfactory external review at the time the appointment ceases. Following a successful review a former Canada Research Chair's normal salary shall be composed of her/his stipend and current normal salary.
III. Appointment of Librarian Members
12:11 (a) Whenever a Library position in the bargaining unit is to be filled, the University Librarian or the Law Librarian, as the case may be, shall cause to be made a search for and interview of suitable candidates. A candidate shall possess the qualifications for the appointment as adopted and applied by a search committee. The search procedure shall include internal advertisement of each such position and any external advertisement of such a position shall include insertion in appropriate Canadian publication(s).The recommendation of a search committee shall, in respect of a librarian in the University Library, be subject to the approval of the University Library Administrative Committee. The University Library Administrative Committee shall propose to the President or his/her delegate, the appointment of the candidate recommended by the Search Committee, or may cause the search to continue. The candidate recommended by a search committee, in respect of a librarian in the Law Library, shall be proposed to the President or his/her delegate. The University shall not discriminate against females while making all reasonable efforts to recruit and hire qualified persons for available positions.
(b) The procedure for the appointment of librarian members shall be as for faculty members mutatis mutandis.
12:12 A Search Committee, in the case of the University Library, shall be struck by the University Library Administrative Committee and shall be composed of the following:
(a) the University Librarian, as Chairperson;
(b) the Associate Librarian;
(c) three (3) University Library librarian members elected by the University Library Administrative Committee;
(d) one (1) student nominated by the presidents of UWSA, OPUS, and SGS;
and
(e) a non-voting employment equity/procedures assessor.
Both genders shall be included in a search committee. Where necessary, a librarian member from the non-represented gender shall be elected by the University Library Administrative Committee to the search committee from a list of eligible librarian members provided by the University.
12:13 A Search Committee, in the case of the Law Library, shall be struck by the Law Librarian and shall be composed of the following:
(a) the Law Librarian, as Chairperson;
(b) two (2) librarian members elected from the University and Law Library librarian members by librarians of the University Library and the Law Library, one (1) of whom shall be a Law Library librarian member whenever possible;
(c) one (1) faculty member elected by and from Law faculty members of the Law Faculty Council;
(d) one (1) student elected by and from student members of the Law Faculty Council; and
(e) a non-voting employment equity/procedures assessor.
Both genders shall be included in a search committee. Where necessary, a librarian member from the non-represented gender shall be selected to the search committee by the Law Librarian from a list of eligible librarian members provided by the University.
12:14 The appropriate Chairperson shall call forthwith for nominations and shall then arrange for the election of librarian members to the Committees in clauses 12:12 and 12:13.
12:15 The curriculum vitae and all written references concerning each candidate shall be made available to the Search Committee; where deemed necessary, the Chairperson shall arrange for a campus visit by and interviews of such candidate(s).
12:16 Appointments to full-time Library positions within the bargaining unit shall be made in one of the following ranks: Librarian I, Librarian II, Librarian III, Librarian IV.
12:17 All full-time appointments of Librarian members within the bargaining unit shall be in one of the following three classes:
(a) Appointment of Limited Term - i.e., an appointment of a specified period of up to three (3) years implying no commitment by the University of renewal or continuation beyond the specified term. The University shall only appoint within this class for the following purposes:
(i) eminent visiting librarians up to one (1) year;
(ii) replacement of sabbaticants up to one (1) year;
(iii) replacements of librarian members on leave for the duration of said leave;
and in addition to the foregoing purposes, the Board of Governors may appoint for a period of up to one (1) year two (2) librarian members in circumstances of emergency but, if such appointee(s) is (are) engaged by the University beyond one (1) year, he/she or they shall be considered as probationary appointment(s) from the date of appointment in circumstances of emergency.
(b) Probationary Appointment - i.e., an appointment for a specified term during which the University undertakes to give consideration to renewal at yearly intervals thereafter and to granting of permanence in the last year of the probationary period subject to a performance assessment as per the criteria established in clauses 13:11 through 13:14. A librarian member may, however, be considered for permanent appointment at any time two (2) years after his/her initial appointment. The total probationary period of:
(i) Librarian I shall not exceed five (5) years' service at this University. Appointments after five (5) years' service shall be deemed to be permanent.
(ii) Librarian II shall not exceed five (5) years' service at this University. Appointments after five (5) years' service shall be deemed to be permanent.
(iii) Librarian III shall not exceed four (4) years' service at this University. Appointments after four (4) years' service shall be deemed to be permanent.
(iv) Librarian IV shall not exceed three (3) years' service at this University. Appointment after three (3) years' service shall be deemed to be permanent. Service shall not include the period of leave under clauses 18:05 (a) and 18:05 (b) and Article 20 of this Agreement, but service at another University may be considered in determining the time required, if any, for granting of permanence. Please refer also to clause 17:04 (d).
In the event that a Renewal, Promotion and Permanence Committee recommends a librarian member who is in the last year of his/her probationary service for permanence but that recommendation is not accepted by UCRPPLM, the member shall be offered a one (1) year, non-renewable full-time, limited term appointment or, if agreed to by both the member and the President after consultation with the University Librarian, six (6) months' salary on the termination of his/her probationary appointment. In the event that a RPP Committee does not recommend a librarian member who is in the last year of his/her probationary service for permanence and that recommendation is accepted by UCRPPLM, the member shall be offered either a one (1) year, non-renewable, full-time limited term appointment or six (6) months' salary on the termination of his/her probationary appointment at the discretion of the President after consultation with the University Librarian.
(c) Appointment with Permanence - i.e., an appointment from outside the University or a further appointment from within the University without specified term after the expiration of the probationary period continuing until the normal retirement age or until otherwise terminated in accordance with the provisions of this Agreement subject to a performance assessment as per the criteria established in clauses 13:11 through 13:14.
12:18 (a) Probationary or limited term appointments of eighteen (18) months may be deemed equivalent to either one (1) or two (2) year(s) of service for the purposes of permanence consideration at the option of the member.
(b) Probationary or limited term appointments of less than eighteen (18) months shall be deemed equivalent to one (1) year of service for the purposes of permanence consideration.
IV. Appointment of Ancillary Academic Staff Members
12:19 Whenever an ancillary academic position in the bargaining unit is to be filled, the Dean shall cause a search to be made and shall arrange for the interview of suitable candidates. A candidate shall possess the qualifications for the appointment approved by the AAU ancillary academic staff Committee (hereafter "the AAS Committee"). Where teaching and research responsibilities normally performed by faculty members are to be assigned to the appointee, the appointment procedure to be followed will be the normal procedure for the appointment of faculty members. The search procedure which shall be in accordance with clauses 12:01 - 12:04 shall include internal advertisement of each such position and when approved by the Provost external advertisement of such a position in appropriate Canadian publication(s). The Dean, after receipt of the written recommendations of the AAS Committee, shall propose to the President or his/her delegate, the appointment of the candidate(s) from among those recommended by the AAS Committee, or may cause the search to continue.
12:20 Ancillary academic staff members shall not be appointed as substitutes for full-time Academic or Sessional Lecturer appointments.
12:21 Each AAS Committee shall be composed of the following:
(a) the AAU Head, or in the case of the Division of Athletics and Recreational Services, the Director, as Chair;
(b) a member of the bargaining unit with appropriate experience in the work to be assigned to the successful applicant;
(c) three (3) AAU members elected by and from the AAU or in the case of the Division of Athletics and Recreational Services the Department of Kinesiology;
(d) such other person(s) as may be required under Senate Bylaws.
12:22 The Chair shall call for nominations to the AAS Committee and shall then arrange for the election of members to the Committee.
12:23 The curriculum vitae and all written references concerning each candidate shall be made available to the AAS Committee.
12:24 Initial appointment to ancillary academic staff positions shall be probationary for a period of six (6) months, at which time, on the recommendation of the AAS Committee, the appointment will be terminated forthwith or confirmed. In the case of appointments to athletic coaching positions, appointees will be subject to renewal annually by the Board of Governors on the recommendation of the President, in accordance with clause 13:24 for a period of three (3) years, after which reappointments will be renewable for periods of two (2) to five (5) years (the length of the appointment to be determined by the President after consultations with the AAS Committee). When the AAS Committee recommends non-renewal of the appointment of an athletic coach, the incumbent will receive one (1) month's notice of termination for each year of service, or payment in lieu of such notice, up to a maximum of twelve (12) months for twelve (12) years of service and longer.
12:25 A letter of appointment signed by the President or his/her delegate shall be sent by mail at least three (3) weeks before commencement of duties to each ancillary academic staff appointee, which letter shall specify the length, terms and conditions of appointment and salary.
12:26 The following Articles and clauses of this Agreement shall apply to ancillary academic staff members:
1, 2, 3, 4, 5:38 - 5:45, 6, 7, 8, 10, 11, 12:01-12:04, 12:19-12:25, 13:22-13:27, 15, 16, 19, 20, 21, 22:03, 23:10-23:18, 24, 27, 28:04-28:10, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 44, 45, 46:01 and 46:03, 47:03, 49, 50, 51, 52, 53, 58, 59, 60, 61 and Articles A., D., E., F., G., H., I., K., L.


