ARTICLE 13 - Renewal of Appointments, Promotion and Tenure/Permanence

  1. Renewal of Appointments, Promotion and Tenure of Faculty Members 

13:01          The University and the Faculty Association agree with the principle that the basis for promotion is the performance of the individual determined on the basis of job-derived criteria.  All renewal, promotion and tenure decisions shall be made in accordance with the procedures for achieving employment equity adopted by the Senate.  A reasonable effort shall be made to specify the criteria to be used and to communicate them to faculty members.

13:02          The criteria for renewal of appointment, promotion, and granting of tenure of faculty members shall continue to be as adopted and applied by the Senate.  Moreover, these criteria must not systematically discriminate against women, visible minority, aboriginal and disabled academics and shall be reviewed to ensure that they do not undervalue work which is done primarily by any such academics.

13:03          No faculty member with a limited term appointment may be reappointed to the same AAU at a rank lower than that held during her/his immediately preceding appointment.

13:04          Subject to clause 13:02, renewal of appointment, promotion and granting of tenure and renewal of faculty members, shall continue to be by action of the Board of Governors on the recommendation of the President who shall, before making such recommendations, consult with the appropriate committee of the Senate.  Where a time limit is stipulated in a procedure as outlined in the Senate Bylaws or this Agreement for promotion and tenure, the administration and all persons and/or bodies bound by the time limit will take appropriate steps to ensure that the time is adhered to strictly. Nevertheless, where good and sufficient reasons are demonstrated, the time limits may be extended in order to accommodate such reasons.  However, the body or person initiating any such extension shall give due advance notice of the extension and the reasons therefore to the body or person directly affected by the extension.

In the interests of employment equity, the AAU Committees shall attempt to include, when the gender composition of the AAU permits, at least one (1) woman committee member and UCAPT shall include at least one (1) woman committee member.

13:05          (a)       UCAPT shall not make a negative recommendation on renewal, promotion and/or tenure without first notifying the candidate in writing of its concerns in detail (which includes all relevant documentation provided by the AAU Head to UCAPT, a copy of any current UCAPT letter to the AAU Head requesting a clear indication of issues and concerns, a copy of the response which the Head of the AAU shall be required to submit in writing to UCAPT, copies of all supporting documentation including contents of confidential letters with the author's identity remaining confidential) and affording the candidate an opportunity to make a presentation before UCAPT.

(b)       A candidate who is being considered for promotion or early tenure may elect to withdraw her/his name from consideration by UCAPT.

(c)       In those exceptional cases where UCAPT overrides the positive recommendations of the AAU Committee on Promotion and Tenure, the Chair of UCAPT shall provide reasons in writing for this action to both the AAU Head and the faculty member concerned.

(d)       For purposes of UCAPT reviews on renewal, promotion or tenure, the Employment Equity/Procedures Assessor(s) shall be appointed by the mutual agreement of the Chair of UCAPT and the President of the Faculty Association from amongst those persons on the list of Employment Equity/Procedures Assessors who have served at least three years (3) as Assessors on an AAU Promotion and Tenure Committee.

13:06          A member who opts to appear before the Promotion and Tenure Committee at either the AAU or UCAPT level shall have the right to be represented by the Faculty Association. The representative shall have the same rights and role in the proceedings as the member.

13:07          The recommendation of the President, or her/his failure to make a recommendation to the Board of Governors under clause 13:04 of this Agreement, shall be subject 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 or involves a breach of Article 12,

(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 Senate procedures sufficient to justify quashing the decision,

(d)       is contrary to the University Committee on Academic Promotion and Tenure (UCAPT) recommendation on the merits of the case, or

(e)       involves the unequal application of the currently prevailing norms for promotion and tenure within the University.

The decision of the arbitration board shall be final and binding upon the faculty member and the parties.

13:08          A candidate for Promotion or Renewal may appeal the findings of fact on which the letter from UCAPT is based, without appealing the UCAPT recommendation. In such cases normal grievance procedures shall apply.

  1. Renewal of Appointments, Promotion and Permanence of Librarian Members

13:09          The University and the Faculty Association agree with the principle that the basis for promotion is the performance of the individual determined on the basis of job-derived criteria.  All renewal, promotion and permanence decisions shall be made in accordance with the procedures for achieving employment equity adopted by the Senate.

13:10          The criteria governing the renewal of appointment, promotion and granting of permanence for librarian members shall be as described in clause 13:11. The criteria may be amended from time to time by the Provost only on the recommendation of the Librarian Criteria Committee composed of the Provost, the University Librarian, the Law Librarian, two (2) librarian members elected from and by the members of the University Library, one (1) librarian member elected from and by the Law librarian members, and a faculty member in the bargaining unit elected from and by the Senate Library Committee.  Such criteria must not systematically discriminate against women librarians and shall be reviewed to ensure that they do not undervalue work which is done predominantly by women.

Criteria for Reappointment, Promotion and Granting of Permanence for Librarian Members of the University of Windsor

13:11          The basic quality which must be evident for reappointment, the granting of permanence, and the awarding of promotion is excellence and achievement in position performance and hence support of the teaching and research objectives of the University of Windsor.  In this context, a librarian practices her/his profession through activities such as the selection, acquisition, and preservation of Library materials; the bibliographical control of these materials; the accessibility of the collection to users; the provision of instruction in using the Library's resources; and the planning and development of Library Systems.  All the foregoing areas of activity rank in equal value.

Accordingly, paramount consideration in the granting of reappointment or permanence and the awarding of promotion shall be given to the candidate's performance and service in her/his assigned position(s).

Secondarily, due recognition shall be given for an appropriate combination of: valuable professional and related academic contributions to the University, professional and related academic achievement, and service to the community, particularly since such contributions are not a requirement of the applicant's position, and are made outside normal working hours.  Research or creative work should be rewarded, recognizing the limitations on such activities because of scheduled demands on time and energy.

The evaluation should be qualitative and quantitative, with evidence of continued efficient and effective endeavour.  Evaluation should be made in comparison with the activity and quality appropriate to the candidate's specialty.

In the granting of renewal of appointment and in the awarding of promotion, experience shall only be taken into consideration insofar as it represents growth on the job in terms of increased knowledge, skills, and competence.

Permanent appointment shall be granted to a candidate with a demonstrated standard of performance and ability consistent with the criteria for her/his rank and position and with potential for future development and contribution to the Library and to the University.

General Criteria

13:12          While the following principles do not form an exhaustive list, they do serve as indicators.

1.         Performance in the area of the candidate's assigned responsibility. Promotion is a recognition of merit primarily based on excellence and achievement in position performance.  Assessment would take into account:

(a)   professional competence as demonstrated by knowledge applied within the position in an effective and efficient manner on an on-going basis;

(b)   ability to communicate and interact effectively and co-operatively with all colleagues and patrons;

(c)   ability to relate her/his functions to the overall goals of the Library and of the University;

(d)   ability to take initiative and to be innovative;

(e)   special skills and aptitudes (e.g., linguistic ability) which are utilized in the performance of her/his duties.

2.         Broad Professional Initiative, including committee and administrative activity, as indicated by:

(a)   supervision, or co-ordination, of Library personnel or activities;

(b)   demonstrated administrative ability and capacity for administration;

(c)   service and leadership in Library-wide and University affairs.

3.         Professional and Related Academic Activities: Relevant research activity including bibliographic research and creative work should be rewarded.  This may be indicated by:

(a)   publication of books, articles, reviews, and reports of a scholarly or instructional nature, and relevant contributions of a creative nature, as well as consideration of the extent of the candidate's intellectual activity in support of the research activities of others;

(b)   formal study taken to broaden and/or improve language or relevant professional subject knowledge;

(c)   study for relevant advanced professional and/or related academic qualifications;

(d)   active participation in professional associations;

(e)   efforts for professional growth through further study (including attendance at workshops);

(f)    contributions in matters of Library administration (e.g., Committee work).

Application of Criteria to Librarian Ranks

13:13          Librarian I

It is at this rank that a professional career usually begins.  To qualify for reappointment at this rank the candidate shall have met appropriate professional requirements, show potential for further successful performance, and promise of future professional activity and related academic activity as may be required.

Librarian II

As a primary criterion for reappointment or promotion to this rank, a candidate shall have a record of successful performance as a Librarian.  The nature of the candidate's responsibility is to be considered, e.g., supervisory responsibility, subject area or language specialization, instructional duties.  It is expected that successful candidates will have shown the capacity to develop and extend their professional and related academic expertise.

Librarian III

To qualify for appointment or promotion to this rank, the candidate must submit evidence of continuing effective and efficient performance.  This would encompass demonstrated ability to handle increased responsibilities in areas of specialization and/or in an administrative capacity.  With less weighting, one or more of the following criteria should also be considered: academic achievement and activities, including additional formal professional degrees, programs of continuing education, involvement in professional and related academic activities and participation in professional organizations, including serving on committees, the presentation of papers, organization and participation in conferences, seminars, workshops; service to the Library and the University. 

Librarian IV

This rank is not awarded as a recognition of long services, but rather as a recognition of distinguished service, and for high professional or related academic achievement.

Reappointment or promotion to this rank requires evidence of a record of outstanding performance, with demonstrated initiative, leadership, and creativity.  As well as making an outstanding contribution to the Library and to the University, the candidate must submit evidence of outstanding achievement in one or more of the following areas: professional endeavours, including significant involvement in professional organizations; additional service to the Library and/or the University community.  Besides having attained a high level of professional expertise, the candidate should be considered likely to continue to fulfil a vital role in the institution.

13:14         Permanence at any of the above ranks is achieved by the fulfilment of the criteria in 13:09 to 13:13 above over an appropriate period of time, and certainly by the maximum periods in clause 12:17 in this Agreement.

13:15         Renewal of appointment, promotion, and granting of permanence is by action of the Board of Governors on the recommendation of the President who, before making such recommendation, shall consult either of the following Committees:

(a)        Renewal, Promotion and Permanence Committee for University Librarian Members (RPPCULM) consisting of the following:

  • the Associate University Librarian as Chair,
  • three (3) librarian members, at least two of whom shall have permanence, elected by the University Library Administrative Committee,
  • one (1) student elected by and from student members of Senate,
  • a non-voting employment equity/procedures assessor.

Both genders shall be included in a committee. Where necessary, a librarian member from the non-represented gender shall be elected by the University Library Administrative Committee to the committee from a list of eligible librarian members provided by the University;

OR

(b)       Renewal, Promotion and Permanence Committee for Law Librarian Members (RPPCLLM) composed of as follows:

  • the Law Librarian as Chairperson (non-voting),
  • one (1) faculty member elected by and from Law faculty members,
  • three (3) Librarian members elected from the University and Law Library librarians by the librarians on the University Library Administrative Committee and the Law Library librarians, one (1) of which elected members shall be a Law librarian when a Law librarian is available,
  • one (1) student elected by and from student members of the Law Faculty Council,
  • a non-voting employment equity/procedures assessor.

Both genders shall be included in a committee. Where necessary, a librarian member from the non-represented gender shall be elected by the University Library Administrative Committee to the committee from a list of eligible librarian members provided by the University;

and the President shall also consult the following committee:

(c)       University Committee on Renewal, Promotion and Permanence for Librarian Members consisting of the following:

  • Provost as Chairperson,
  • the University Librarian,
  • the Law Librarian,
  • the Associate University Librarian,
  • three (3) librarian members, at least two (2) of whom shall have permanence, elected by and from University Library and Law Library librarians,
  • one (1) graduate student and one (1) undergraduate student elected by and from the students on the Senate,
  • a non-voting employment equity/procedures assessor.

Both genders shall be included in a committee. Where necessary, a librarian member from the non-represented gender shall be elected by the University Library Administrative Committee to the committee from a list of eligible librarian members provided by the University;

The appropriate Chairperson or her/his designate, shall call for nominations and shall then arrange for the elections to each Committee.

13:16          No librarian member with a limited term appointment may be reappointed to the same administrative unit within the Library at a rank lower than that held during her/his immediately preceding appointment.

13:17          No member of the librarian member staff, except as specified in this clause will be eligible to serve as a member of any Committee on Renewal, Promotion and Permanence for the purpose of renewal, promotion and permanence, if she/he, or a sibling, spouse, child or dependent, is a candidate for promotion and/or the granting of permanence in that year.  Any member of the committee who is on a probationary contract shall absent himself/herself from the discussions of the Committee while her/his case is being considered and voted upon.

13:18          If the University Librarian, or Acting University Librarian, Law Librarian or Acting Law Librarian, Associate University Librarian or Acting Associate University Librarian, (or a sibling, spouse, child or dependent) is a candidate for renewal, promotion and/or granting of permanence, her/his case will not be considered by the relevant Committee on Renewal, Promotion and Permanence, but will be referred to the President who will appoint a special committee to report directly to the University Committee on Renewal, Promotion and Permanence for librarian members.  In such cases the candidate for renewal, promotion or the award of permanence will not be eligible for membership on the University Committee on Renewal, Promotion and Permanence for librarian members, but she/he may serve where appropriate on the relevant Renewal, Promotion and Permanence Committee for University librarian members or Law librarian members.

13:19          Procedures followed in the appropriate Senate Committee(s) on Promotion and Tenure of faculty members, as well as protections concerning renewals, promotion and granting of tenure afforded to faculty members by this Agreement, shall apply mutatis mutandis to the renewal of appointments, promotion and granting of permanence of librarian members.  Where a time limit is stipulated in a procedure as outlined in the Senate Bylaws or this Agreement for a promotion and tenure decision, the administration and all persons and/or bodies bound by the time limit shall take appropriate steps to ensure that the time limit is adhered to strictly.  Nevertheless, where good and sufficient reasons are demonstrated, the time limits may be extended in order to accommodate such reasons. However, the body or person initiating any such extension shall give due advance notice of the extension and the reasons therefore to the body or person directly affected by the extension.

13:20          A member who opts to appear before the Promotion and Tenure Committee at either the AAU or UCRPPLM level shall have the right to be represented by the Faculty Association.

The representative shall have the same rights and role in the proceedings as the member.

13:21          The recommendation of the President or her/his failure to make a recommendation to the Board of Governors under clause 13:15 of this Agreement shall be subject 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 or involves a breach of Article 12 of this Agreement;

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

(c)       involves a procedural irregularity or defect in the application or failure to apply the procedures set out in clauses 13:07 through 13:21 inclusive, sufficient to justify quashing the decision;

(d)       is contrary to the University Committee on Renewal, Promotion and Permanence for librarian members recommendation on the merits of the case; or

(e)       involves the unequal application of the currently prevailing norms for promotion and permanence within the University.

The decision of the arbitration board shall be final and binding on the librarian member and the parties.

  1. Confirmation and Renewal of Appointments and Promotion of Ancillary Academic Staff Members 

13:22          The University and the Faculty Association agree with the principle that the basis for the confirmation of probationary appointments, the renewal of appointments, promotion and the granting of permanence is the satisfactory performance of the individual determined on the basis of job-derived criteria, and further that such confirmation, renewal, promotion and/or permanence shall be in accordance with the goals, objects and purposes of the University.

13:23          (a)       The paramount consideration for such confirmation, renewal, promotion or permanence shall be the candidate's performance and service in her/his assigned position(s) taking into account, where relevant according to the terms of a member's job description, professional and related academic contributions to the University, professional and related academic achievement, and service to the campus community.

    (b)       The evaluation of candidates shall be in comparison with the normal activity and quality of performance appropriate to the candidate's position and will be based upon:

(i)    professional competence as demonstrated by knowledge applied within the position in an effective and efficient manner;

(ii)   ability to communicate and interact effectively and cooperatively with colleagues, students and others;

(iii)  ability to relate her/his functions effectively to the objects and purposes of the University;

(iv)  ability to take initiative and to be innovative in performing assigned responsibilities;

(v)   special skills and aptitudes which are utilized in the performance of her/his duties.

13:24        Renewal of appointment, promotion, and granting of permanence for AAS members is by action of the Board of Governors on the recommendation of the President who, before making such recommendation, shall consult one of the following Committees:

(a)       Where the AAS member is appointed in an AAU, the AAU Renewal Promotion and Tenure Committee;

(b)       Where the AAS member is appointed within the Division of Athletics and Recreational Services, an AAS Renewal Promotion and Permanence Committee constituted in the manner described in clause 12:21 (b); or

(c)       Where the AAS member is appointed within the Centre for Teaching and Learning, an AAS Renewal Promotion and Permanence Committee constituted in the manner described in clause 12:21 (c), with the exception that the three members referred to in clause 12:21 (c) (iii) shall be selected where possible from a cognate discipline.

13:25          Procedures followed by AAU Renewal Promotion and Tenure Committees under Senate Bylaw 22 shall apply mutatis mutandis to the renewal of appointments, promotions and granting of permanence of AAS members. A member who opts to appear before the Renewal Promotion and Tenure/Permanence Committee shall have the right to be represented by the Faculty Association. The representative shall have the same rights and role in the proceedings as the member.

13:26          The decision of the President under clause 13:24 of this Agreement shall be communicated in writing to the candidate and shall be subject to the arbitration procedures set forth in Article 39 of this Agreement.

Application of Criteria to Ancillary Academic Staff Ranks

13:27          AAS I

This rank is for those with professional experience and academic potential, but lacking full professional qualifications.  To qualify for appointment or reappointment at this rank, the candidate shall have met appropriate professional requirements, and show potential for further successful performance, and promise of future professional activity and related academic activity as may be required.

AAS II

It is at this rank that a professional career usually begins.  As a primary criterion for appointment, reappointment or promotion to this rank, a candidate shall have the appropriate professional qualifications and/or a record of successful performance as an ancillary academic staff member.  The nature of the candidate's responsibility is to be considered, and it is expected that successful candidate(s) will have shown the capacity to develop and extend their professional and related academic expertise.

AAS III

To qualify for appointment, reappointment or promotion to this rank, the candidate must submit evidence of continuing effective and efficient performance at the University or other relevant job position.  Primarily this would encompass demonstrated ability to handle increased responsibilities in areas of specialization and/or in an administrative capacity.  However, one or more of the following criteria should also be considered: academic achievement and activities, including additional formal professional degrees, programs of continuing education, involvement of professional and related academic activities and participation in professional organizations, including serving on committees, the presentation of papers, organization and participation in conferences, seminars, workshops; service to the AAU and the University. This rank is the normal career rank for ancillary academic staff members.

AAS IV

This rank is not awarded as a recognition of long service, but rather as a recognition of distinguished service and for high professional or related academic achievement. Appointment, reappointment or promotion to this rank requires evidence of a record of outstanding performance, with demonstrated initiative, leadership, and creativity at the university or other relevant job position.  As well as making an outstanding contribution to the AAU and to the University, the candidate must submit evidence of outstanding achievement in one or more of the following areas: professional endeavours, including significant involvement in professional organizations; additional service to the AAU and/or the University community.  Besides having attained a high level of professional achievement, the candidate should be considered likely to continue to fulfill a vital role in the institution.

13:28          No ancillary academic staff member with a limited term appointment may be reappointed to the same administrative unit at an AAS rank lower than that held during her/his immediately preceding appointment.

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