DFA - Board of Governors Collective Agreement (2007-2011)
Article 12: Instructors
12.01 Appointment(s) of instructor Members shall be made following the procedures set out in this Article 12. When a recommendation has been made for a specific appointment, a letter signed by the Dean shall be sent to the candidate and such letter shall list the primary duties, initial salary and benefits, full time or part time status of the appointment, status of the term of the appointment, shall state the single fraction of full time duties as provided in Clause 12.03, and shall set out the Department to which the appointment is to be made, and a copy of the Collective Agreement shall be included.
12.02 The Board shall consult with the Association Members of the Association-Board Committee on the salary, creditable years of service, and other terms and conditions of employment for each person to be appointed to a position in the bargaining unit prior to making such an appointment.
12.03
(a) There shall be a job description, including related workloads, prepared by the appropriate Department in consultation with the Member concerned for each current position held by instructor Members. Where an instructor Member is employed during any twelve month period for less than twelve (12) months, the legitimate requirements as provided in Clause 12.14, shall be included in the instructor Member's job description. For all part time instructor Members, the job description shall include the single fraction of full time duties associated with the position and this fraction shall not be less than one half. In the event of any disagreement, the matter will be resolved at a Departmental meeting which all Members in the Department shall have the right to attend. If a vote is taken on the resolution of the disagreement, all Members present shall be entitled to vote.
(b) When a new position is created, a job description shall be prepared by the Department prior to posting of the notice referred to in Clause 12.10(a). At the time of posting or advertising, a copy of the job description shall be provided to the Association. Such job description shall comply with Clause 12.03(a).
12.04
(a) Each instructor Member shall receive a copy of his or her job description and a copy shall also be provided to the Association.
(b) An instructor Member whose workload exceeds the normal workload performed in accordance with his/her existing job description and the existing policies and procedures within the Department shall be entitled to additional remuneration equivalent to that fraction of the Member's salary that the overload represents of the Member's normal workload.
12.05 Reasonable revisions to the job description shall be made, when appropriate, by the Department in consultation with the instructor Member involved. In the event of disagreement, the matter will be resolved using the mechanism given in Clause 12.03(a). The instructor Member and the Association shall each be provided with a revised copy.
12.06 Instructor Members shall disseminate knowledge and understanding through teaching and shall carry out such other activities as may be defined by the Collective Agreement as well as by the job descriptions for their positions.
12.07
(a) It is recognized that all instructor Members have the right and responsibility consistent with their individual job descriptions to maintain their professional development within the area of expertise in which they are employed, to teach conscientiously and competently, to organize and structure activities, and where appropriate, to supervise demonstrators, tutors, markers, teaching assistants and/or other instructors.
(b) Instructor Members who currently attend and vote at Departmental meetings shall continue to have the right to do so. Further, in all cases, instructor Members can attend and vote in Departmental meetings where such meetings involve matters relating to instructors.
(c) Instructor Members shall have the opportunity and the responsibility to serve, where appropriate, on departmental, Faculty and other University committees. Should such service conflict with other assigned duties and responsibilities of the instructor Member, then mutually satisfactory arrangements shall be made in advance within the appropriate Department.
12.08 Assessment of instructor Members shall focus on the effectiveness and general competence with which teaching and other assigned duties and responsibilities are carried out. In assessing teaching effectiveness, opinions of students (subject to Clause 18.09), other Members, and other teaching staff shall all be taken into account, insofar as is appropriate, and each class of opinion shall be given due and fair consideration and no class of opinion shall be given undue or unfair consideration or weight. Wherever possible, such opinions shall be based on firsthand knowledge of the instructor Member's performance in the classroom, laboratory or field.
12.09 In formulating assessments of the performance of duties and responsibilities that the instructor Member has had a reasonable opportunity to undertake, judgment shall relate to the normal performance level of other Members with the same general responsibilities, duties, and/or experience.
Appointments, Reappointments, and Continuing Term Appointments.
12.10
(a) When an Instructor position opening occurs within the bargaining unit, a notice shall be posted for at least one (1) week, and shall include a description of the position, including whether the position is for twelve months in any academic year or a portion thereof, qualifications required and the final date for written applications. If no qualified instructor Member applies or is appointed within one (1) month, the position shall be advertised, although the position may be advertised earlier. The position shall be advertised in appropriate publications which normally shall include, if publication time permits, at least University Affairs, the CAUT Bulletin, and one Canadian professional publication, if such exists, suggested by the Department. If publication time does not permit such normal advertising in University Affairs, the CAUT Bulletin and a Canadian professional publication, any appointment made shall be in accordance with
Clause 14.16(a)(i) or (vi), for a period no longer than one year, and normal advertising shall take place no later than the 1st of April following the date of the limited term appointment.
(b) Preference will be given to instructor Members who, in the judgment of the Departmental Appointments Committee, are suitably qualified for the position.
12.11
(a) Appointment of instructor Members shall be one of three kinds:
(i) probationary appointments;
(ii) continuing appointments;
(iii) limited term appointments.
The duration of these kinds of appointments, and the process of appointment and reappointment are described in Article 14, and Clauses 12.16 and 12.17. Limited term appointments shall only be made pursuant to Clause 14.16(a), Sub-Clauses (i), (ii), (iii), (vi), (vii), (x) and Clause 14.16(b), Sub-Clause (vi). Instructor Members holding limited term appointments shall be informed of the limited term of their appointment in their letter of appointment.
(b) Initial appointment of instructor Members shall normally be as Instructor. However, in exceptional circumstances, an instructor Member may be initially appointed at the rank of Senior Instructor.
12.12
(a) A Departmental Appointments Committee shall make recommendations to theDean through the Chairperson regarding all appointments, reappointments, and continuing appointments, and such committee shall include an instructor Member (other than the individual under consideration) from the Department. When no other instructor Member is available from the Department, then an instructor Member shall be named by the Association to serve on the Departmental Appointments Committee. No instructor Member shall be appointed or reappointed unless he or she has been recommended by such a committee. Each Department shall develop written procedures for the evaluation and assessment of instructor Members, based upon the criteria set out in this Article 12, and such evaluation and assessment shall normally take place no later than 31 October. In the case of reappointment or consideration for a continuing appointment, the instructor Member shall have the right to be heard by and submit a written statement to the Departmental Appointments Committee.
(b) In no case shall deliberations be transacted in the absence of a quorum, which shall be two-thirds (2/3) of the members of the Committee (rounded to the nearest whole number) and which always shall include one instructor Member. In the event of a resignation from the Committee before the Committee has begun to interview candidates, the resulting vacancy shall be filled by election. If interviews with candidates have commenced, the vacancy shall remain unfilled for the balance of the deliberations.
12.13 At each step of the process for reappointment or consideration for a continuing appointment (Departmental Appointments Committee, Chairperson, Dean), recommendations shall be made known to the instructor Member concerned. Any recommendation that reappointment or continuing appointment not be granted, or that consideration be deferred (except where the instructor Member has requested deferral) shall include a written statement of the reasons for the recommendation in respect to the criteria given in this Article 12, and in sufficient particularity to allow the instructor Member to respond to any alleged deficiencies from the facts of his or her case.
12.14 Normally, appointments of instructor Members shall be for twelve (12) months in any academic year. In no case shall an instructor Member be appointed for less than eight (8) months in any academic year, except when the appointment is to replace an instructor Member on leave, in which case the appointment shall be for a period which is not to exceed the duration of the leave and may be shorter than the duration of the leave provided the requirements of the position as given in the job description reasonably can be met. Members whose appointments are for less than twelve (12) months in any year shall become eligible to be considered for classification as Senior Instructor in the fifth academic year of their appointment.
12.15 Subject to the terms of this Collective Agreement, all instructor Members who are currently employed for twelve months in any academic year shall continue to be employed for twelve months in any academic year, unless the Member and the Department agree to a change as given in Clause 14.07.
Probationary Appointments.
12.16
(a) It is expected that the effectiveness and general competence with which teaching and other primary duties and responsibilities are carried out by the instructor Member shall be at the norm for other instructor Members as specified in Clauses 12.08 and 12.09.
(b) An instructor Member will be advised in writing as to whether or not he or she shall be reappointed not later than 31 October. Should his or her term not be renewed, he or she will be provided with written reason(s) at the time of notification.
Senior Instructor.
12.17
(a) An instructor Member, after completion of at least four (4) years of service or as provided in Clause 12.14, shall have the right to be considered for classification as Senior Instructor, and upon classification as Senior Instructor appointment shall be on a continuing term basis commencing at the beginning of the sixth year. In counting years of service towards a continuing appointment as Senior Instructor, any years in which a Member would have been eligible for membership in the bargaining unit, had it existed, may, with the consent of the instructor Member, be included. Subject to Article 28, an instructor Member with a continuing appointment may be dismissed for cause; in addition, his or her appointment may be terminated in accordance with the provisions of this Collective Agreement relating to resignation, retirement, or through the procedures provided in Articles 25 and 27.
(b) Instructor Members may request in writing early consideration for appointment as Senior Instructor, and in such cases the Dean may waive the normal requirements for consideration for classification as Senior Instructor as provided in Clause 12.17(a), and shall notify the Member in writing within two (2) months of such request, stating whether or not the requirements will be waived.
(c) Requests for consideration for classification as Senior Instructor by Members eligible pursuant to Clauses 12.17(a) or 12.17(b) shall be considered first by the Departmental Appointments Committee, which shall make recommendation to the Dean through the Chairperson. If the Chairperson does not agree with the recommendation of the Departmental Appointments Committee, he or she may submit a separate recommendation to the Dean. Such requests shall be processed as soon as possible and not later than the end of the Fall term of the academic year in which the request is made, provided it is made prior to 31 October.
(d) In considering the request of an instructor Member for classification as Senior Instructor, the Departmental Appointments Committee shall satisfy itself that the effectiveness and general competence with which teaching and other primary duties and responsibilities are being carried out by the Member are at the norm for other instructor Members, as set out in Clauses 12.08 and 12.09.
(e) When the decision on a continuing appointment as Senior Instructor is unfavourable, reasons shall be provided in writing and shall be based upon criteria established in this Article 12 and in Clause 12.17(d), and in sufficient particularity to allow the instructor Member against whom the decision was made to respond to any alleged deficiencies from the facts of his or her case. The Department may, upon the request of the instructor Member, reconsider him or her for a continuing appointment in the Fall of the year following the original consideration.
(f) The Member shall be informed in writing of the Dean's decision normally by 31 December and in no case later than 15 January.
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