ARTICLE 54 - SESSIONAL INSTRUCTORS/POSTED COURSES

Definition, Duties, Privileges and Responsibilities of Sessional Instructor Members  
54:01    The University recognizes that while the appointment of persons to sessional positions is not in general a satisfactory substitute for full-time academic appointments, save and except for the category of sessional lecturer as defined in this Agreement, it may be necessary to appoint sessional instructors due to specific circumstances in which financial restraints make full-time academic appointments difficult.  The University will make all reasonable efforts not to rely on such appointments.

54:02    sessional instructor - means a member of the Bargaining Unit who is a clinical instructor in Nursing, or who is a special instructor in Music, or who is scheduled to teach one (1) or more credit courses during the academic year provided that she/he teaches no more than six (6) courses per academic year with no more than three (3) courses during the period of any semester.  The parties agree that the persons included within the definition of Sessional Instructor are not faculty, professional librarians, or ancillary academic staff as defined in Article 12.

54:03    Teaching duties comprise the only function for sessional instructors.

    Appointment of Sessional Instructor Members
54:04    (a)    Appointments of sessional instructors are made by the Board of Governors on the recommendation of the President in accordance with clauses 12:01 and 54:05 of this Agreement.  Normally a Letter of Appointment signed by the President shall be sent to the member electronically and copied to the Association at least eight (8) weeks before the commencement of classes, which letter shall specify the course number(s), length, terms and conditions of appointment, including number of instructional hours, scheduled lab hours per course, the stipend per assigned scheduled hour for teaching labs and salary (including Employment Standards Act vacation entitlement) and sessional seniority as defined in Article 1.  A copy of the current Agreement shall be sent with the letter of initial appointment.

(b)    In exceptional circumstances in which time would not allow for the normal appointment procedure required under this Agreement e.g.,  illness of a member originally scheduled to teach; opening of new sections of course(s); unanticipated commencements of Leave of Absence, etc., the University retains the right to appoint sessional instructors on the recommendation of the AAU Appointments committee.  The University shall inform the President of the Association of each appointment made and the circumstances thereof within fourteen (14) calendar days of the appointment.  Any individual so appointed shall complete the University Application Form and provide such other supporting academic documents as the AAU may require.  Reappointment of such an individual shall be subject to the normal appointments procedure of clause 54:05.

(c)    The following table of equivalents shall be used for the purpose of calculating the sessional seniority of sessional instructors in Nursing

Fall/Winter Semester
        Number of hours taught per week        course equivalent
                20-24                    5 courses
                13-19                    4 courses
                   8-12                    3 courses
                   5-7                    2 courses
              1-4                    1 course

Intersession/Summer Session
                2 weeks                    1 course
                4 weeks                    2 courses

(d)    The following table of equivalents shall be used for the purpose of calculating the sessional seniority of special instructors in the School of Music per semester:

          number of hours taught per week    (course equivalent and/or conducting master class(es))
        15.5 - 21  hours                  1.5 courses
           7.5 - 14  hours                  1.0 course
           0.5 -   7  hours                0.5 course

54:05    With the exception of appointments made under clause 54:04(b) all sessional instructor appointments shall be made on the recommendation of the AAU Council in accordance with Senate Bylaws and clauses 54:07 and 54:08 and the applicable Employment Equity legislation.

Qualification and Appointments Criteria :
54:06    (a)    Qualifications shall consist of teaching competence and academic credentials.  The following factors shall be used to measure teaching competence:
    (i)    teaching experience in the same (or similar) courses;

    (ii)    teaching experience generally;

    (iii)    teaching evaluations from the University of Windsor or elsewhere, when available;

    (iv)    references from other teachers and colleagues.

        The following factors shall be used in determining academic credentials:
    (i)    graduate degree(s) relevant to the subject matter of the course; normally a Master's Degree and/or professional degree in an appropriate area and/or professional registration or certification appropriate to her/his field of study shall be sufficient for the appointment of a sessional instructor;

    (ii)    graduate work in the area of the subject matter of the course;

    (iii)    related professional experience or applied research where applicable;

    (iv)    research, publications, creative works, etc., relevant to the subject matter of the course.

(b)    (i)    The University acknowledges that the criteria used in selecting among applicants to fill posted course offerings will be qualifications, subject to the following six course rule. When a course is posted, applicants who have taught the same or similar courses six (6) or more times as a sessional instructor at the University who are not employed in a full-time capacity outside the bargaining unit, and who have a demonstrated record of successful teaching as measured by the criteria in clause 54:06 (a), shall be considered preferred applicants for that course.  If more than one preferred applicant has applied for a course, the course shall be assigned to the preferred applicant who has taught the course the greatest number of times as a sessional instructor at the University.

    (ii)    The demonstrated record of successful teaching required in 54:06 (b) shall be determined as follows.  After a sessional instructor has taught the same or similar course for the sixth time or more, following application by the sessional instructor to the Head of the relevant AAU, the AAU Renewal Promotion and Tenure Committee shall review the sessional instructor’s performance in that course with reference to the criteria in clause 54:06 (a) and any statement from the AAU Head concerning documented and investigated student complaints, unusual patterns of withdrawal from the instructor’s classes, and other points which the AAU Head deems relevant.  An eligible member whose application for preferred applicant status has been denied but who within the following forty-eight (48) months teaches or is deemed to have taught the same or similar course four (4) further times shall thereby be granted preferred applicant status for the course.

 (iii)     A sessional instructor who has attained preferred status for a course retains such status for that course or a similar course so long as she or he is not employed in a full-time capacity outside the bargaining unit.
    Effective July 1, 2013, a sessional instructor who has attained preferred applicant status for one or more courses shall be reviewed regularly by the AAU Renewal, Promotion and Tenure Committee for those courses for which she/he has attained preferred applicant status. Said review shall be completed with reference to the teaching competence criteria in clause 54:06 (a) and any statement from the AAU Head concerning documented and investigated student complaints, unusual patterns of withdrawal from the instructor’s classes, and other points which the AAU Head deems relevant.
    The performance review shall be normally completed every three years starting with the anniversary of the attainment of preferred applicant status. However, if the sessional instructor has taught the course fewer than three times since the attainment of preferred applicant status or the most recent review, the review shall be completed after the sessional instructor has taught the course three times.
    The performance review will be in writing and shall be completed and communicated to the member by October 1.  Each sessional instructor 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 his or her file.
    The performance review is intended to assist sessional instructor members in improving their teaching and potentially to assist members with respect to career progress.

(c)    When the qualifications as defined in this Article are judged to be relatively equal, the appointment shall be made as follows:

    (i)    except where the six course rule applies, the posted course(s) shall be distributed on an equitable rotation from semester to semester from among the faculty, librarians, ancillary academic staff or sessional lecturer applicants, all of whom take preference over sessional instructor applicants.  

    (ii)    except where the six course rule applies, when only sessional instructors apply for posted course(s) and qualifications are judged to be relatively equal, sessional seniority as defined in Article 1 will be the determinative factor provided that the seniority is equal to or greater than five (5).  Except for non-Canadian applicants who have taught during the previous Collective Agreement, the University shall give preference to Canadian citizens and/or landed immigrants subject to prevailing laws.

Sessional Lecturers who apply for posted courses during intersession or summer session shall be considered as sessional instructors for these sessions.

    Posting Procedures  
54:07       (a)    All posted courses which cannot be staffed by full-time faculty members or by sessional lecturers as part of their normal teaching load or by librarians or ancillary academic staff as part of their assigned workload, shall be publicly posted within the AAU for at least two (2) weeks prior to consideration of an application by the AAU Appointments Committee, which shall normally meet at least ten (10) weeks prior to the commencement of classes.  A copy of each posting shall be forwarded by the Dean to the Faculty Association forthwith. The University shall endeavour to place postings under this article on the University website.

(b)    Applications from candidates both from within and outside the bargaining unit shall be referred to the AAU Appointments Committee for recommendation as envisaged by clause 12:01 and 54:05 of this Agreement.  No candidate shall be considered for appointment without having completed the University Application Form and provided such other supporting academic documents as the AAU Appointments Committee may require.

(c)    Faculty, librarians, and ancillary academic staff are entitled to apply for posted courses and to be paid on an overload basis under Article N.  Sessional Lecturers are entitled to apply for posted course(s) and are entitled to be paid under Article N during fall and winter semesters and as a sessional instructor during intersession and summer school and are entitled to be paid for the course under Article R.  Sessional instructors are entitled to apply for posted course offerings and to be paid for the course under Article R.

Applications
54:08    (a)    Any sessional instructor who has taught as a sessional instructor at the University of Windsor in any previous two (2) years and has submitted to her/his AAU a written statement of interest in employment shall be deemed to have applied for all sessional course offering(s) available in that AAU for which she/he is qualified.  A written statement of interest in employment shall be accepted at any time by the AAU during the academic year but shall expire on March 1 of each academic year unless renewed on or before March 1.

(b)    Candidates who have taught previously at the University of Windsor shall not be required to complete the Application Form or supply letters of recommendation for each reappointment.

(c)    Applications from candidates both from within and outside the bargaining unit shall be referred to the AAU Appointments Committee.

(d)    When posted courses are offered through the Office of the Dean, the Executive Council of the Faculty, or other similar body approved by Senate, shall assume the responsibilities of the AAU Council under this Agreement with respect to applications, appointments and any other clause pertaining to sessional instructors.

Arbitration
54:09    Where a sessional instructor is an unsuccessful candidate for a course offering(s), she/he shall have access to the arbitration procedures set forth in Article 39 of this Agreement.

Recourse to arbitration shall normally be related to the following, but not limited to them in cases where the Faculty Association can demonstrate a justifiable reason for requesting Arbitration on some other ground:

(a)    involves discrimination within the meaning of Article 11 of this Agreement;

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

(c)    involves procedural irregularity or defect in the application of, or failure to apply, the appropriate procedures sufficient to justify quashing the decision; or

(d)    is contrary to the AAU Council recommendation on the merits of the case.

The decision of the Arbitration Board shall be final and binding upon the sessional member and the parties.

Record of Seniority
54:10    Upon request, a sessional instructor shall be given the AAU’s record of her/his updated qualifications and seniority.

If a member who is an unsuccessful candidate for a posted course offered under this Article grieves a decision not to appoint or to recommend her/him for that course, the Provost shall provide the Association with the qualifications and seniority (if applicable) of the successful candidate that formed the basis for the recommended appointment, or the appointment, within seven (7) working days of the Association's request for the documentation.

Improper Appointments
54:11    In the event that it has been found that an improper appointment has been made by the University, the member who should have been appointed to the course by virtue of the clauses in this Article shall receive full salary and seniority (if applicable) for the course to which she/he should have been appointed.

Cancellation of Courses
54:12    The following rules apply to sessional course cancellations:

(a)    The University shall not cancel an appointment made to a sessional instructor in order to have the duties performed by a faculty member with a full-time appointment.

(b)    If a member accepts an appointment and that course is subsequently cancelled and no equivalent position is found for her/him, she/he shall be compensated according to the following table:

    Time of cancellation before first scheduled class        Percentage of stipend as outlined                                     in the Letter of Appointment

            Greater than 3 months                0%
            1 month to 3 months                15%
            Less than 1 month                20%
            After start of course                25%

Limited Term Appointment
54:13    A sessional instructor who has received a limited term appointment shall, without losing other rights through that appointment, not lose her/his sessional seniority.

Voting Privileges
54:14    For purposes of ratification of this Agreement, sessional instructors shall retain voting privileges in accordance with the Constitution of the Faculty Association of the University of Windsor from September 1 to August 31 of the year in which they are employed.

Copies of this Agreement/Lists of Members
54:15    (a)    The University shall provide a copy of this Agreement to each sessional instructor who has not already received a current copy by virtue of a previously held appointment at this University.  The cost of providing an Agreement shall be borne by the University.

(b)    A list of names and addresses of record of sessional instructors appointed during the current academic year shall be forwarded to the Faculty Association on March 1 of each year.

Articles and General Provisions Applicable to Sessional Instructors
54:16    (a)    The following Articles and Clauses of this Agreement shall apply to sessional instructors: 1 (Definitions), 2 (Declaration of Principles), 3 (Recognition), 4 (Dues Check-Off), 5:01-5:37 (Rights, Duties & Responsibilities), 5:65 (Credit Courses Delivered through Alternative Learning Technology), 6 (Management Rights), 7 (Existing Practices), 8 (Facilities and Support Services), 9:02 (Employment of Non-Members of the Bargaining Unit), 10 (Academic Freedom), 11 (No Discrimination), 12:01 (Appointment of Members), 15 (Financial Exigency), 16 (Lay Off, Notice, and Recall Rights and Compensation and Benefits), 19 (Court Leave), 24 (Compassionate Leave and Family Medical Leave), 27 (Confidentiality and Access to Personnel Files), 28 (Rights and Privileges of the Faculty Association and Members), 29 (Dismissal for Just Cause), 30 (Employment Equity), 32 (Amalgamation, Consolidation, Merger or Expansion of the University), 33 (Copies of this Agreement), 34 (Patents), 35 (Copyright), 36 (Patents and Copyright), 37 (Notices and Official Correspondence Pursuant to Agreement), 38:01 (e) (Information), 39 (Grievance and Arbitration Procedures), 44 (University Athletic Facilities), 45 (Public Liability Insurance), 50 (Role of the Senate), 51 (No Strikes or Lock-Outs), 52 (Salaries and Other Benefits), 53 (Validity), 54 (Sessional Instructors/Posted Courses), 56 (Vacations, Holidays, and Leave for Sessional Members), 57 (Pregnancy, Parental and Adoption Leave for Sessional Members), 58 (Discipline), 59 (Investigation of Allegations and Complaints), 61 (Duration of Agreement), D.4 (Pension Plan for Sessional Members), F.4 (Health Insurance Plans), G.2 (Tuition), K. (Car Allowance), and R. (Salary for Sessional Instructors).
    
(b)    Sessional instructors may join the Pension Plan, being the University of Windsor Retirement Plan for Faculty and Certain Employees, pursuant to eligibility requirements of the Pension Benefits Act of Ontario and will be notified in writing of this right by the University.

(c)    Sessional instructors are eligible to attend University professional development programs during the semester(s) in which they are employed at the University.

(d)    Sessional instructors have the right to apply for Teaching/Graduate Assistants.

Courses Spanning Intersession and Summer School
54:17    (a)    In the event credit courses are offered during the summer semester in a time frame which spans both intersession and summer school, but are otherwise similar in format and contact hours to the same credit courses offered in a fall or winter semester, such courses shall be deemed to be one semester courses.

(b)    When such course(s) are taught by a sessional instructor who has not reached the maximum allowable number of courses for the academic year, the course and seniority credit shall be counted in the academic year during which the course begins.  Otherwise, the course and seniority credit shall be counted in the subsequent year.

Credit Courses Delivered Through Alternative Learning Technology
54:18     A Sessional 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 appointment may be made in accordance with the criteria and procedure outlined in this Article 54 of this Agreement.