I. BASIC ELEMENTS OF SPECIAL APPOINTMENT FACULTY (SAF)

A. Description

The SAF is intended for people who will primarily engage in either research or teaching and may be expected to participate in the educational program of the department. Discipline-specific degrees, which in most cases will be terminal degrees, will be expected.

A SAF will be appointed by the Dean of a given college or school. The SAF has the potential for appointment and reappointment for an aggregate period of longer than seven years but will not be eligible for tenure.

B. Titles

SAF’s will be given non-prefixed titles, and may be initially appointed at one of the following levels, as appropriate: Instructor; Assistant Professor; Associate Professor; or Professor.

C. Responsibilities

SAF’s will have major responsibilities in a single area of either research or teaching. The Dean of the respective college or school will assign specific responsibilities.

D. Delineation of Responsibilities

At the time of initial appointment and at each reappointment, the responsibilities of the faculty member will be clearly defined in writing by his/her Dean, and these will be used as specific criteria against which to judge that faculty member’s performance and eligibility for subsequent reappointment or promotion.

II. APPOINTMENT, REAPPOINTMENT AND PROMOTION

A. The Search
Searches for individuals to fill faculty vacancies will be done by departmental committees and may be conducted at the local, regional or national level. Affirmative Action procedures as defined by the University will be part of each search. Deans Appointments are eligible to apply for a SAF.

B. Length of Appointment

The length of the initial appointment may vary from six months to three (3) years. Typically, Instructors may be appointed for 6 month to 2 year terms; Assistant Professors may be appointed for 1 to 3 year terms; Associate Professors may be reappointed for 3 to 5 year terms; and Professors may be reappointed for 3 to 5 year terms.

C. The Processes for Appointment, Reappointment and Promotion

The processes for appointment, reappointment and promotion at each academic level will be discipline-specific and will be determined by the Dean in consultation with department committees and other appropriate collegial bodies. Such processes will be consistent with those processes used for Presidential faculty in the college or school.

Interim Performance Reviews

At least once each year, the Department Chairperson or his/her designee is expected to meet with each faculty member on the SAF for the purpose of discussing his/her performance. All formal evaluations by students, and peers will be reviewed, as will the faculty member’s ability to meet the specific responsibilities set forth in his/her most recent contract. A brief written summary of the meeting, together with any changes in expectation or responsibilities, should be sent to the faculty member, signed, and returned for permanent filing in his/her departmental folder.

D. Access of the SAF to the Reappointment and Promotion Processes

Throughout the process of reappointment and promotion, the SAF under consideration will have access to all materials being reviewed, with the exception of those materials for which the SAF will have waived this privilege, in writing. Even if such a waiver is not granted, the identity of individuals providing evaluation materials will be kept confidential and will not available to the SAF. In most cases, these will be letters of support solicited from faculty members, both internal and external.

The SAF will be notified in writing by the Departmental Chairperson or Dean, as appropriate, when each decision has been made. Within ten days of notification, the SAF will have the opportunity to provide a written response to the decision, and this response will be included with the materials being reviewed for reappointment.

All committees, the Department Chairperson, and the Dean may request that the SAF or others having knowledge of the SAF’s performance appear before them to provide additional information.

Re-Appointment Criteria

Whereas available resources and departmental and college needs are the most important criteria in consideration of reappointment, for those engaged primarily in teaching, another important criterion is prior performance of the SAF, as judged by students, peers, the Department Chairperson and the Dean. For those engaged primarily in research, an important criterion is continued research support.

E. Expiration/Termination of Appointment

The SAF’s appointment shall end on the date specified in the letter of appointment, unless written notification of reappointment is provided. The University is not obligated to provide additional notice of non-renewal or expiration of appointment.

The SAF’s appointment may be terminated at any time for cause.

III. GRIEVANCES OF SPECIAL APPOINTMENTS

Grievances of SAF’s relating to termination, non-renewal of contract, denial of promotion will be heard by the standing SA Personnel Committee (SAPC). The SAPC shall serve as the final faculty determinant of the rights of an SAF in all grievances brought before it.

The SAPC shall be composed as follows: (1) one tenured faculty member selected by the tenured faculty of the colleges and schools that have established an SAF, (2) one SAF selected by the SAF’s from the colleges or schools that have established an SAF, (3) one tenured faculty member from the college or school in which the SAF holds his/her appointment, and (4) one SAF from the college or school in which the SAF holds his/her appointment. The standing members of the SAPC shall choose the latter two members of the SAPC.

Upon receiving a written grievance relating to these issues, the SAPC will conduct a hearing. The SAPC shall submit its written findings and recommendation, along with a record of its hearing to the Dean of the college or school in which the SAF holds his/her appointment. If the Dean objects to the SAPC’s decision, the Dean shall make his/her objections known to the SAPC. If the SAF objects to the SAPC’s decision, the SAF shall make his/her objections known to the SAPC, in writing. In both cases, the SAPC will reconsider the original decision and submit its final recommendation to the Provost of the University or his/her designee for a final decision on the grievance under consideration.

IV. UNIVERSITY POLICIES

All appointees on the SAF are bound by all University Policies, including those contained in the Agreement between Temple University and the Temple Association of University Professionals, et al. (TAUP Agreement) and the Faculty Guide, where appropriate.

Letters of Agreement

Arthur Hochner, President
Temple Association of University Professionals
1900 North 13th Street
Barton Hall, Room A-231
Philadelphia, PA 19122

RE: Letters of Agreement

Dear Dr. Hochner:

This is to confirm that in accordance with the negotiated Collective Bargaining

Agreement, the following has been agreed to:

1. Health Insurance

Dean's Appointments eligible for health insurance, shall have tlie plan and coverage level elected continue through August 31, provided that their employment is not explicitly terminated prior to that date.

2. Distance Education

Distance Education enriches and increases the availability of course offerings at Temple University. It is understood that Distance Education is an evolving mode. Therefore, Temple University and the TAUP agree to "Meet and Discuss" the development of policies and procedures for the implementation, development and conduct of Distance Education.

3. Intellectual Property

This section shall not govern matters covered by the University's Invention and Patent Policy.

The parties agree that the following procedure will be undertaken in good faith to lead to an equitable agreement concerning the ownership of, use of, and rights and benefits accruing from the ownership and use of intellectual property created by members of the bargaining unit.

Temple and TAUP will each name five (5) representatives to a joint Intellectual Property Committee. This Committee will develop a proposal to be submitted for ratification on or before December 31, 2000 by the governing authorities of Temple and TAUP. Unless the proposal is ratified by both sides on or before December 3 1, 2000, this section shall have no effect. The date of December 31, 2000 may be extended by mutual consent of the parties.

4. Compensation for Departmental Chair

The memorandum of understanding dated October 12, 1992, regarding compensation for department chairpersons will be reviewed by Temple University and the TAUP to review and update, where appropriate. The review will include semester and summer stipends with particular emphasis on equity among departments. Stipends must be fair, reasonable and equitable across schools and colleges based on the scope and complexity of the work.

5. Position Description Review

Within one year of the signing of this Agreement, the Compensation section of the Human Resources Department will complete a review of the current position responsibilities of active members of Academic Professional classifications in order to ensure that position descriptions accurately reflect current responsibilities.

The Human Resources Department will notify the union of recommendations for changes (titling, grading, or compensation) in light of changed/increased duties or responsibilities.

6. Domestic Partners

In the event that Temple University approves a Domestic Partnership Policy, it will immediately be offered to the TAUP.

7. Article 17

The Side Letter of Article 17, Section 7 shall be amended to read as follows:

1. In the Fall 2001, the semester may start on August 27th.

2. In the Fall 2002, the semester may start on September 3rd.

3. In the Fall 2003, the semester may start on September 2nd.

4. In the Fall 2004, the semester may start on August 30th.

5. In the Fall 2005, the semester may start on August 29th.

6. In the Fall 2006, the semester may start on August 28th.

7. In the Fall 2007, the semester may start on August 31st.

8. Union Business

Temple and TAUP hereby agree that:

Temple shall provide approximately 15 contact (semester) hours of release time each semester for members of the TAUP bargaining unit to use for such TAUP activities as the processing of grievances and the implementation of the Temple-TAUP contract. One contact hour for a faculty member shall normally be one semester hour course credit; its equivalent for librarian or an academic professional shall be two hours per week for six months. Release time shall not be applied in a manner, which would result in any faculty member being excused from all classroom-teaching responsibilities.

The assignment of release time by the TAUP to its members shall be subject to the approval of the appropriate Dean, Director of Libraries, or appropriate budget unit head for academic professionals. This approval shall not be unreasonably withheld.

9. Study Leaves

RE: Utilization of four (4) study leaves for untenured presidential track faculty. This letter will supersede the side letter of January 1, 1996 on this topic. These leaves will not stop the tenure clock, and recipients must have at least one year of service prior to application for an untenured leave. Those who are granted an untenured study leave will have said leave revoked if they are either granted or reviewed for tenure prior to taking the untenured study leave.

10. Office Space

Temple shall continue to provide to TAUP, without charge, office space on the Broad and Montgomery campus comparable in size and convenience to that now occupied by TAUP.

11. Matching Offer

In the event that Temple wishes to make a competitive salary adjustment (in writing) from an organization which is not a college or university, a nonprofit organization, or a governmental body, Temple shall give prior notice, and, if requested by TAUP, and when feasible, "Meet and Discuss" prior to making such an offer.

12. Long Term Disability

TAUP and Temple agree that for the purposes of Article VII, Section A, just cause shall include disabilities which prevent satisfactory performance of sen-ice and result in the faculty member being on unpaid long term disability (inactive pay status) of over one year's duration. The position (or an equivalent one in the department) of a tenured faculty member who is terminated for just cause under this provision shall not be filled for a period of eighteen months following termination unless the faculty member has been offered re-employment in a tenured position (with at least his/her previous rank and salary) and at least one month within which to accept or decline, provided that the faculty member can satisfactorily perform the work required.

This memorandum remains in force and provides that a tenured faculty member who goes onto long-term disability in excess of one year's duration can be terminated after an additional period of eighteen (18) months. Therefore, a tenured faculty member cannot lose their right to return to their position until they have been out on sick leave and disability7 for a total of thirty-six (36) months. At that point they have lost all return rights.

Sincerely,

Is/ Robert B. Bimbrauer

Associate Vice President for Human Resources/Chief Negotiator

Agreed: /s/ Arthur Hochner