LETTER VII - EXECUTIVE EDUCATION PROGRAMS

1. The University may operate Executive Education Programs in Business and Engineering approved by Senate and that are made up of credit  courses not assignable as part of the normal workload of the member under Article 5, where the tuition fees and instructor stipends are market driven.

2. The programs are designed to meet the specific needs of professionals and business people seeking opportunities to acquire new knowledge and skills so as to enable them to improve or shift their careers and not compete with the University’s academic programs.

3. With the agreement of the Faculty Association the University may operate Executive Education Programs in other fields. In such cases, Executive Education Program proposals shall be approved by the council of the contributing AAU(s) and shall be referred to the Faculty Association prior to final approval by the appropriate Senate committee.

4. Should the Faculty Association not agree to a University proposal to operate an Executive Education Program in a field other than Business and Engineering the matter may be referred to arbitration for determination of whether or not the program proposed by the University meets the criteria for Executive Education Programs referred to in this Letter VIII paragraph 2. The arbitrator shall be drawn from the panel of five (5) arbitrators referred to in clause 39:14 (b). The University shall pay the fees and expenses of the arbitrator.

5. Executive Education Programs may be delivered at various locations using diverse delivery mechanisms, including alternative learning technologies and team teaching, and at times convenient to the students including teaching evenings, weekends and in intensive periods.

6. The Board of Management is responsible for the Executive Education Programs. It has the responsibility for the business aspects of the program and it is accountable to the University’s Board of Governors.

7. The Board of Management is composed of the Provost, Deans of participating Faculties, and three (3) to five (5) representatives from business, industry, and professional organizations. In addition, there shall be one (1) faculty member representing each Executive Education Program.

8. Except as otherwise provided in this Letter VIII, the Board of Management sets the terms and conditions of employment of the instructors. The Executive Education Program’s day-to-day operations are conducted by an Executive Director who reports to the Provost and is a member of the Academic Advisory Council.

9. Instructors are sought in accordance with procedures agreed by the appropriate AAU(s) and may include advertising, both externally and internally in the appropriate AAU(s), and by direct solicitation. Those appointed will have relevant experience and qualifications. The appointments are agreed, in accordance with the policies of the Board of Management, by the Dean following recommendation by the AAU appointments committee in the Faculty that is responsible for the academic aspects of the program.

10. Once appointed, instructors are members of the bargaining unit. Stipends are paid per course or per part of a course, and like the fees paid by students, are market driven. The stipends are negotiated on an individual basis and are determined by the Provost, in accordance with the policies set by the Board of Management.

11. The parties acknowledge that the Executive Education Programs inure to the benefit of the University and to the members of the Faculty Association as these programs provide additional revenue to the University, additional employment opportunities to the members of the Association, and serve to further enhance the reputation of the University as an innovative institution concerned with meeting the diverse needs of our community and providing excellence in teaching, research and service. The University thus attracts increased numbers of students. The additional revenues allow the University to support faculty research and academic programs.

12. The clauses of this Agreement listed below and the terms and conditions set by the Board of Management referred to in paragraph 8 above, apply to those persons appointed to teach in Executive Education Programs. In the case of a conflict between the clauses of this Agreement listed below and the terms and conditions set by the Board of Management, the clauses of this agreement listed below shall apply:

1:01, 2:01, 3:01, 3:03, 4:01– 4:05, 10:02, 10:03 (as to religious beliefs, doctrines and practices), 10:04, 10:05, 11:01, 30:01–30:08, 32:01, 32:02, 38:0138:07, 39:0139:16, 50:01, 50:02, 51:01, 51:02, 53:01, 53:02, 58:01, 61:01(a).

13. Where the Faculty Association contests the interpretation and applicability of the terms and conditions set by the Board of Management and the University disagrees with the Faculty Association such disagreement shall by determined by arbitration. The arbitrator shall be drawn from the panel of five (5) arbitrators referred to in clause 39:14 (b). The University shall pay the fees and expenses of the arbitrator.

14. The University will pay a levy of five percent (5%) of the total gross stipends or fees paid to the instructors in the Executive Education Programs to the fund entitled “The Subsidy Plan for Retiree Health Benefits”.