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Title: United Faculty of Florida contract
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Title: United Faculty of Florida contract
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Creator: United Faculty of Florida
Publisher: United Faculty of Florida
Place of Publication: Gainesville, Fla.
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Table of Contents
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Full Text





TABLE OF CONTENTS


P re a m b le . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .

A RT IC LE 1 R recognition ............................................

A RTIC LE 2 C onsultation ...........................................

A RTIC LE 3 U FF Privileges ................................. ..........

ARTICLE 4 Reserved Rights ........................................

ARTICLE 5 Academic Freedom and Responsibility ..........................

ARTICLE 6 Nondiscrim nation .......................................

ARTICLE 7 Minutes, Rules, and Budgets ...............................

A RTICLE 8 Appointm ent ..........................................

ARTICLE 9 Assignment of Responsibilities ...............................

ARTICLE 10 Employee Performance Evaluations ........................

ARTICLE 11 Evaluation File ........................................

ARTICLE 12 Nonreappointment .......................................

ARTICLE 13 Layoff and Recall .......................................

ARTICLE 14 Promotion Procedure ...................................

ARTICLE 15 Tenure and Permanent Status .............................

ARTICLE 16 Disciplinary Action and Job Abandonment .....................

ARTICLE 17 Leaves ..............................................

ARTICLE 18 Inventions and W orks .................................. .

ARTICLE 19 Conflict of Interest/Outside Activity ...........................

ARTICLE 20 Grievance Procedure and Arbitration .......................

ARTICLE 21 Other Employee Rights ....................................

ARTICLE 22 Professional Development Program
and Sabbaticals ............................................ .

A RT IC LE 23 Salaries .............................................. .


ARTICLE 24 Benefits ........................
67


Printed: May 2001










ARTICLE 25 UFF Insurance Deduction .................................. 71

ARTICLE 26 Payroll Deduction ........................................ 72

ARTICLE 27 Maintenance of Benefits ................................... 73

ARTICLE 28 Miscellaneous Provisions .................................. 73

A RTIC LE 29 Severability ............................................. 74

ARTICLE 30 Amendment and Duration ................................ 74

ARTICLE 31 Totality of Agreement ..................................... 75

ARTICLE 32 Definitions ................. ............................ 75

Signature Page. ..................................................... 77

APPENDIX A Position Classifications in the Bargaining Unit .................. 78

APPENDIX B UFF Dues Check-off Authorization Form ...................... 80

APPENDIX C Grievance Form ................................... ..... 84

APPENDIX D Request For Review of Step 1 Decision Form .................. 86

APPENDIX E Notice of Arbitration Form ................................. 88

APPENDIX F Reserved ............................................ 89

APPENDIX G Salary Increase Notification 2001-2002 ....................... 90

APPENDIX H Exclusive Assignment Dispute Resolution Procedure ............ 91

INDEX ...................................... ....................... 97


Printed: May 2001









PREAMBLE


The intent of the parties hereto in carrying out their responsibilities to negotiate the terms
and conditions of employment of members of the bargaining unit is to promote the quality
and effectiveness of education in the State University System and to maintain high
standards of academic excellence in all phases of instruction, research, and service. The
parties concur that these objectives are facilitated by amicable adjustment of matters of
mutual interest. It is recognized by the parties that mutual benefits are to be derived from
continual improvement in the State University System, and that participation of faculty and
professional employees in the formulation of policies under which they provide their
services is educationally sound.

While the United Faculty of Florida (hereinafter UFF), as the elected bargaining agent,
retains the exclusive right to negotiate and reach agreement on terms and conditions of
employmentfor the members of the bargaining unit, and the Board of Regents (hereinafter
the Board) retains its rights, under law, to manage and direct the State University System,
the parties recognize the desirability of a collegial governance system for faculty and
professional employees in areas of academic concern. It is desirable that the collegial
system of shared governance be maintained and strengthened throughout the State
University System so that employees will have a mechanism and procedure, independent
of the collective bargaining process, for making recommendations to appropriate
administrative officials.

Collegiality in academic governance on each campus of the State University System can
best be accomplished through Senates selected by representatives of the appropriate
campus constituencies in accordance with each institution's constitution and tradition.
Appropriate matters of concern should be brought before the Senate by its members or
steering committee, or by the President of the university or representatives. Among
matters which may be of concern to Senates include: (a) curriculum policy and curricular
structure; (b) requirements for degrees and granting of degrees; (c) policies for recruitment,
admission, and retention of students; (d) the development, curtailment, discontinuance, or
reorganization of academic programs; (e) grading policies; and (f) other matters of
traditional concern.

In such a collegial system, departments or other traditional governance structures should
play an active and responsible role in academic matters, including significant involvement
in the recruitment of new faculty and professional employees, the development of high
quality programs, participation in the development of tenure, promotion, and merit salary
increase criteria, participation in the selection of instructional and library materials, and
other matters of professional concern. The collegial relationship is most effective when
peers work critically together to carry out their duties in the most professional manner
possible.

In recognition of the importance of the collegial system of governance described herein,
the Presidents or their representatives shall confer regularly with representatives from
university Senates or equivalent bodies.

This Preamble is a statement of intent and policy and is, therefore, not subject to Article
20, Grievance Procedure.


Printed: May 2001









ARTICLE 1
RECOGNITION

1.1 Bargaining Unit. Pursuant to the Verification of Election Results of the Florida Public
Employees Relations Commission, dated November 21, 1984, wherein the Commission
ordered that Certification number 218, previously issued to the United Faculty of Florida
on April 2, 1976, remain in effect, and Commission Order number 84-E-112, dated June
14, 1984, wherein the Commission adopted the bargaining unit agreed to by the Board of
Regents and the United Faculty of Florida, as amended, the Board has recognized the UFF
as the exclusive representative, solely for the purpose of collective bargaining with respect
to wages, hours, and otherterms and conditions of employment as specifically set forth in
this Agreement, for all employees in the bargaining unit described in the certification as
amended. Attached as Appendix "A," for information purposes only and not made a part
of the Agreement, is the listing of titles included in the General Faculty bargaining unit.

1.2 Board and Universities Rules and Policies.
(a) If there is an inconsistency between an existing university rule or policy or
Board rule or policy and an express provision of this Agreement, the Board agrees to
promptly remedy the inconsistency.

(b) No new or amended Board or university rule, policy, or resolution shall apply
to employees if it conflicts with an express term of the Agreement.

(c) The Board and the universities shall provide to the UFF or the local UFF
Chapter, respectively, an advance copy of any proposed rule or policy changing a term or
condition of employment contained in this Agreement. The Board or the university, as the
case may be, shall provide the advance copy of a proposed rule no later than the date of
publication under the provisions of the Administrative Procedure Act. The advance copy
of a policy shall be provided to the UFF or its local Chapter, as appropriate, at least two (2)
weeks in advance of its effective date so as to permit the UFF or its Chapter to seek
consultation with respect to it. With respect to a rule adopted pursuant to the emergency
provisions of the Administrative Procedure Act, an advance copy shall be provided as far
in advance of its effective date as is feasible under the circumstances.

(d) If the Board or a committee of the Board has scheduled public hearings on
any Board action that would conflict with an express term of this Agreement, the UFF shall
not be denied the opportunity to address the matter.

(e) If any proposed rule, policy, or resolution would modify an express term of
this Agreement, the Board or itsdesignee shall engage in collective bargaining with respect
to the change upon the UFF's request.

1.3 Board of Regents Meetings -- Agenda.
(a) The Board shall furnish to the UFF a copy of the agenda of each Board
meeting or Board committee meeting at the time those agendas are made available to
members of the Board, and a copy of the minutes of Board meetings at the time they are
made available to the general public.

(b) The UFF shall be granted a place on the agenda at each public Board
meeting for the purpose of addressing any item on the Board's agenda that affects the
wages, hours, or other terms and conditions of employment of employees.
1.4 Right to Hear Views. Nothing contained in this Agreement shall be construed to
prevent the Board or the universities from meeting with any individual or organization to
hear views on any matter, provided however, that as to any such matter which is a proper


Printed: May 2001









subject of collective bargaining and covered by a term of this Agreement, any changes or
modification shall be made only through negotiation and agreement with the UFF.


ARTICLE 2
CONSULTATION

2.1 Consultation with Chancellor. Meetings between the Chancellor and the
Chancellor's representatives and up to ten (10) representatives of the UFF, or such other
number as the parties may agree, shall be held, upon the advance request of either party,
to discuss matters pertinentto the implementation or administration of this Agreement or
any other mutually agreeable matters. Actions by the Board or its representatives affecting
any other terms and conditions of employment of employees may also be raised in
consultation. The meetings shall be held on a mutually convenient date in Tallahassee
unless the parties agree to anotherlocation and shall be scheduled once each ninety (90)
days. The party requesting consultation shall submit a written list of agenda items no less
than one (1) week in advance of the meeting. The other party shall also submit a written
list of agenda items in advance of the meeting if it wishes to discuss specific issues. The
parties understand and agree that such meetings shall not constitute or be used for the
purpose of collective bargaining.

2.2 Consultation with Presidents. The Presidents or their representatives on each
campus shall meet with the local UFF Chapterrepresentativesto discuss matters pertinent
to the implementation or administration of this Agreement, university actions affecting
terms and conditions of employment unique to the university, or any other mutually
agreeable matters. Such meetings shall occur once (1) per semester in the academic year
and once (1) during the summer term unless the parties agree to meet more frequently.
The party requesting consultation shall submit a written list of agenda items no less than
one (1) week in advance of the meeting. The other party shall also submit a written list of
agenda items in advance of the meeting if it wishes to discuss specific issues. The parties
understand and agree that such meetings may be used to resolve problems regarding the
implementation and administration of the Agreement, however, such meetings shall not
constitute or be used for the purpose of collective bargaining.

2.3 Affirmative Action Plans. The UFF Chapter President shall be provided without cost
a copy of the university's Affirmative Action Plan or Update.

2.4 DRS Consultation. The directors of the Developmental Research Schools or their
representatives on each campus shall meet with the local UFF Chapter representatives to
discuss matters pertinent to the implementation or administration of this Agreement,
university actions affecting terms and conditions of employment unique to the university
or the DRS, or any other mutually agreeable matters. Such meetings shall occuronce (1)
per semester in the academic year, unless the parties agree to meet more frequently. The
party requesting consultation shall submit a written list of agenda items no less than one
(1) week in advance of the meeting. The other party shall also submit a written list of
agenda items in advance of the meeting if it wishes to discuss specific issues. This section
shall not preclude DRS issuesfrom being raised at the consultations described in Sections
2.1 and 2.2, above. The parties understand and agree that such meetings may be used
to resolve problems regarding the implementation and administration of the Agreement,
however, such meetings shall not constitute or be used for the purpose of collective
bargaining.


ARTICLE 3


Printed: May 2001









UFF PRIVILEGES


3.1 Use of Facilities and Services. Subject to the rules of the Board and the
universities, the UFF shall have the right to use university facilities at each university for
meetings and all other services on the same basis as they're generally available to other
university-related organizations which are defined as follows:

University-Related Groups and Organizations. These groups and
organizations may or may not receive budgetary support. Examples of such
groups include student organizations, honor societies, fraternities, sororities,
alumni associations, faculty committees, University Support Personnel
System staff council, direct support organizations, the United Faculty of
Florida, etc.

3.2 Communications.
(a) UFF may post bulletins and notices relevant to its position as the
collective bargaining agent on a reasonable number of existing bulletin boards but on at
least one bulletin board per building where a substantial number of employees have
offices. Specific locations shall be mutually selected by the university and the local UFF
Chapter in the course of consultation pursuant to Article 2, Consultation. All materials
placed on the designated bulletin boards shall bear the date of posting and may be
removed by the university after having been posted for a period of thirty (30) days. In
addition, such bulletin boards may not be used for election campaigns for public office or
exclusive collective bargaining representation.

(b) Each university will place a link in an appropriate place on the
university web site to the web site of the local UFF chapter.

(c) Accessing existing university e-mail listservs or establishing a new
listserv allowing the UFF electronic communications with employees shall be the subject
of consultation pursuant to Article 2, Consultation. UFF agrees to paya reasonable annual
fee to the university if access to a university maintained e-mail listserv is provided.
However, such listservs may not be used for election campaigns for public office or for
exclusive collective bargaining representation. Employeeswho are e-mail recipients of the
listserv shall have the rightto have themselves removed from the listserv upon their written
request.

3.3 Leave of Absence -- Union Activity.
(a) At the written request of the UFF, provided no later than May 1 of the year
prior to the beginning of the academic year when such leave is to become effective, a full-
time or part-time leave of absence for the academic yearshall be granted to up to eighteen
(18) employees designated by the UFF for the purpose of carrying out UFF's obligations
in representing employees and administering this Agreement, including lobbying and other
political representation. Such leave may also be granted to up to nine (9) employees for
the entire summer term, upon written request bythe UFF provided no laterthan March 15
of the preceding academic year. Upon the failure of the UFF to provide the Board with a
list of designees by the specified deadlines, the Board may refuse to honor any of the
requests which were submitted late.

(b) No more than three (3) employees from any university, nor more than one
employee per fifteen (15) employees per department/unit, need be granted such leave at
any one time.

(c) The UFF shall reimburse the university for the employee's salary, fringe


Printed: May 2001









benefits, and retirement.


(d) Employees on full-time leave under this paragraph shall be eligible to receive
salary increases in accordance with the provisions of Section 17.12. Employees on less
than full-time leave underthis paragraph shall be eligible to receive salaryincreases on the
same basis as other employees.

(e) An employee who has been granted leave under this Article for two (2)
consecutive academic years shall not again be eligible for such leave until two (2)
consecutive academic years have elapsed following the end of the leave. Four (4)
employees, designated by the UFF, shall be exempt from the provisions of this subsection.
Other exceptions may be granted at the discretion of the Board upon prior written request
by the UFF.

(f) The university or the Board shall not be liable for the acts or omissions of said
employees during the leave and the UFF shall hold the university and Board harmless for
any such acts or omissions, including the cost of defending against such claims.

(g) An employee on such leave shall not be evaluated for this activity nor shall
such activity be considered by the university in making personnel decisions.

3.4 Released Time.
(a) The Board agrees to provide a total of thirty-four (34) units of released time
per semester to full-time employees designated by the UFF for the purpose of carrying out
the UFF's obligations in representing employees and administering this Agreement. The
UFF may designate employees to receive released time during the academic year, subject
to the following conditions:
(1) A maximum of seven (7) released time units per semester may be
granted to employees at any one (1) university, provided, however, that no more than five
(5) employees per university shall be granted released time per semester.
(2) No more than one (1) employee per fifteen (15) employees per
department/unit may be granted released time at any one time, nor may any employee be
granted more than a two (2) unit reduction in a single semester.
The UFF shall providethe Board with a listof requested designeesfor
the academic year no later than May 1 of the preceding academic year. Upon approval of
the designees by the Board, the designees shall serve for one (1) academic year.
Substitutions for the spring semester may be made upon written notification submitted by
the UFF to the Board no later than October 15.

(b) (1) A "unit" of released time shall consist of a reduction in teaching load
of one (1) course per Fall or Spring semester for instructional employees or, for non-
teaching employees, a reduction in workload of ten (10) hours per week. Two (2) units
shall consist of a reduction in teaching load of two (2) courses per Fall or Spring semester
for instructional employees or, for non-teaching employees, a reduction in workload of
twenty (20) hours per week.
(2) A "unit" of released time for DRS employees shall consist of a
reduction in teaching load of one class per day during a semester for secondary school
teachers, or its equivalent in time for elementary and middle school teachers and other
professional employees. If released time cannot be provided as stated above, the
university may designate it as a teaching overload and released time activities shall occur
after normal teaching hours. Additionally, one DRS employee may be designated by the
UFF as a member of the UFF bargaining team and be released from assigned duties for
up to twelve days. These days are to be used in increments of one whole day.


Printed: May 2001









(c) Released time shall be used for conducting SUS-related UFF business, at
the University or State level, and shall not be used for lobbying or other political
representation. Leave for lobbying or other political representation may be purchased by
the UFF pursuant to Section 3.3.

(d) Employees who are on leave of any kind, other than leave pursuant to
Section 3.3, shall not be eligible to receive released time.

(e) Upon the failure of the UFF to provide a list of designees by the specified
deadlines, the Board may refuse to honor any of the released time requests which were
submitted late. Substitutions submitted after the October 15 deadline shall be allowed at
the discretion of the Board.

(f) An employee who has been granted released time for either or both
semesters during four (4) consecutive academic years shall not again be eligible for
released time until two (2) academic years have elapsed following the end of the fourth
academic year in which such released time was granted.
As an exception to this limitation, three (3) employees designated bythe UFF
shall be eligible for released time for responsibilities at the System level for one (1)
additional year. These employees shall not again be eligible for released time until two (2)
academic years have elapsed following the end of the fifth academic year of released time.
These employees shall be identified by the UFF no later than May 1 of the preceding
academic year; substitutions may be approved by the Board at its discretion.

(g) Employees on released time shall be eligible for salary increases on the
same basis as other employees, but their released time activities shall not be evaluated
nor taken into consideration by the universities in making personnel decisions.

(h) Employees on released time shall retain all rights and responsibilities as
employees but shall not be considered representatives of the university or Board for any
activities undertaken on behalf of the UFF. The UFF agrees to hold the university and
Board harmless for any claims arising from such activities, including the cost of defending
against such claims.

(i) Summer. The UFF may designate a total of nine employees to receive a
thirteen week .25 FTE summer released time assignment. Additionally, two employees
may each receive a thirteen week .50 FTE summer released time assignmentfor purposes
of UFF Step 2 grievance and arbitration processing and coordination. However, no more
than a total of three (3) units of summer released time shall be designated per university,
nor may more than one employee per 15 employees per department/unit be designated
to receive such released time. The UFF shall provide the Board with a list of requested
designees no later than April 7th of the academic year preceding the summer term.
All other provisions contained in Section 3.4, except 3.4(a) and (b), shall apply to
summer released time.


ARTICLE 4
RESERVED RIGHTS

4.1 Policy. The Board retains and reserves to itself the rights, powers, and authority
vested in it, including the right to plan, manage, and control the State University System
and in all respects carry out the ordinary and customary functions of management.

4.2 Limitations. All such rights, powers, and authorityare retained bythe Board, subject


Printed: May 2001









to those limitations imposed bythis Agreement. Only violations of such limitations shall be
subject to Article 20, Grievance Procedure.


ARTICLE 5
ACADEMIC FREEDOM AND RESPONSIBILITY

5.1 Policy. It is the policy of the Board and the UFF to maintain and encourage full
academic freedom. Academic freedom and responsibility are essential to the full
development of a true university and apply to teaching, research/creative activities,
assigned service, and the activities set forth in Sections 10.4(d) and 10.4(e). An employee
engaged in such activities shall be free to cultivate a spirit of inquiry and scholarly criticism
and to examine ideas in an atmosphere of freedom and confidence.

5.2 Teaching and Research. Consistent with the exercise of academic responsibility,
employees shall have freedom to presentand discuss their own academic subjects, frankly
and forthrightly, without fear of censorship, and to select instructional materials and
determine grades in accordance with university and Board policies. Objective and skillful
exposition of such subject matter, including the acknowledgment of a variety of scholarly
opinions, is the duty of every such employee. Employees shall also be free to engage in
scholarly and creative activity and publish the results in a manner consistent with their
professional obligations.

5.3 Academic Responsibility. Academic freedom is accompanied by the corresponding
responsibility to:
(a) Be forthright and honest in the pursuit and communication of scientific and
scholarly knowledge;

(b) Respect students, staff, and colleagues as individuals; treat them in a
collegial manner; and avoid any exploitation of such persons for private advantage;

(c) Respect the integrity of the evaluation process with regard to students, staff,
and colleagues, so that it reflects their true merit;

(d) Indicate when appropriate that one is not an institutional representative
unless specifically authorized as such; and

(e) Contribute to the orderly and effective functioning of the employee's
academic unit (program, department, school, and/or college) and/or the university.

5.4 In addition to their assigned duties, employees have responsibilities arising from the
nature of the educational process. Such responsibilities indude, but are not limited to,
observing and upholding the ethical standards of their discipline; participating, as
appropriate, in the shared system of collegial governance, especially atthe department/unit
level; respecting the confidential nature of the relationship between professor and student;
adhering to one's proper role as teacher, researcher, intellectual mentor, and counselor;
and conducting oneself in a collegial manner in all interactions.


ARTICLE 6
NONDISCRIMINATION

6.1 Statement of Intent. The Board and the UFF fully support all laws intended to
protect and safeguard the rights and opportunities of each employee to work in an


Printed: May 2001









environment free from any form of discrimination or harassment. The parties recognize
their obligations under federal and State laws, rules, and regulations prohibiting
discrimination, and have made clear their support for the concepts of affirmative action and
equal employment opportunity. They desire to assure equal employment opportunities
within the SUS and recognize that the purpose of affirmative action is to provide equal
opportunityto women, minorities, and other affected groups to achieve equality in the SUS.
The implementation of affirmative action programs will require positive actions that will
affect terms and conditions of employment and to this end the parties have, in this
Agreement and elsewhere, undertaken programs to ensure equitable opportunities for
employees to receive salary adjustments, tenure, continuing multi-year appointments,
successive fixed multi-year appointments, promotion, sabbaticals, an d other benefits. This
statement of intent is not intended to be subject to Article 20, Grievance Procedure.
6.2 Policy.
(a) Neitherthe Board nor the UFF shall discriminate against anyemployee based
upon race, color, sex, religious creed, national origin, age, veteran status, disability,
political affiliation, or marital status, nor shall the Board or the UFF abridge any rights of
employees related to union activity granted under Chapter 447, Florida Statutes, including
but not limited to the right to assist or to refrain from assisting the UFF. Personnel
decisions shall be based on job-related criteria and performance.

(b) Sexual Harassment.
(1) Sexual harassment is a prohibited form of sex discrimination. In
Meritor Savings Bank v. Vinson, 106 S.Ct. 2399 (1986), the United States Supreme Court
defined sexual harassment (29 CFR 1604.11 a) in the employment context as induding the
following:

Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature constitute sexual harassment when
(1) submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for employment decisions
affecting such individual, or (3) such conduct has the purpose or effect of
unreasonably interfering with an individual's workperformance or creating an
intimidating, hostile, or offensive working environment.

(2) In addition to the parties' concern with respect to sexual harassment
in the employment context, the parties also recognize the potential for this form of illegal
discrimination against students. Relationships between employees and students, even if
consensual, may become exploitative, and especially so when a student's academic work,
residential life, or athletic endeavors are supervised or evaluated by the employee (see
Section 5.3). These relationships may also involve a conflict of interest (see Article 19).

(c) Investigation of Charges of Discrimination. Charges of discrimination,
including those filed by employees against students alleging unwelcome sexual advances,
requests for sexual favors, or other verbal or physical conduct of a sexual nature that
constitutes sexual harassment, shall be promptly reviewed/investigated according to
established university procedures. No employee reviewed/investigated under such
procedures shall be disciplined until such reviews complete and a finding of discrimination
has been issued.
If afterthe completion of the review/investigation, anyfinding of discrimination
is made, a record of the complete findings will be placed in the employee's evaluation file.
If no finding of discrimination on any charge or complaint is made, no record of the charge
or complaint will be placed in the employee's evaluation file unless the employee requests
in writing that a record of the complete review/investigation be placed in the evaluation file.


Printed: May 2001










(d) Should state or federal law establish sexual orientation as a
protected category for claims of discrimination during the term of this Agreement, the
Board and the UFF agree to modify the Agreement pursuant to Section 30.2.

6.3 Access to Documents. No employee shall be refused a request to inspect and copy
documents relating to the employee's claim of discrimination, except for records which are
exempt from the provisions of the Public Records Act, Chapter 119, Florida Statutes,
provided, however, that a university may charge for copies of documents in accordance
with law, rule, university procedures, and this Agreement.

6.4 Consultation. As part of the consultation process described in Article 2, the parties
agree to discuss efforts made to appoint and retain women and minority employees.

6.5 Grievance Procedures. Claims of such discrimination by the Board or universities
may be presented as grievances pursuant to Article 20, Grievance Procedure. It is the
intent of the parties that matters which may be presented as grievances under Article 20,
Grievance Procedure, be so presented and resolved thereunder instead of using other
procedures. The UFF agrees not to process cases arising under this Article when alternate
procedures to Article 20 are initiated by the grievant, except as specifically provided for in
Section 20.2.


ARTICLE 7
MINUTES, RULES, AND BUDGETS

7.1 Board and University Documents.
(a) The Board shall provide the UFF with a copy of the following:
(1) the minutes of the meetings of the Council of Presidents;
(2) the minutes of the meetings of the Board;
(3) Board rules published under the Administrative Procedures Act; and
(4) copies of the BOR/UFF Agreement and all supplements to the
Agreement, consistent with the provisions of Section 28.5.

The Board shall also provide the UFF a computer account for purposes of accessing
the State University Personnel Employee Records System file reflecting the annual salary
increases provided to employees. Costs associated with the UFF's use of such file shall
be borne by the UFF consistent with the costs charged others using the State University
System Personnel Employee Records System.

(b) Each university shall ensure that a copy of the following documents is made
available in an easily accessible location in its main library or bylinks on the university web
site:
(1) minutes of the meetings of the Council of Presidents;
(2) the minutes of the meetings of the Board;
(3) Board and the university's rules published under the Administrative
Procedure Act; and
(4) the university's operating budget, including the previous year's
expenditure analysis.

7.2 DRS Documents. A copy of the following documents shall be available for
employee inspection in an easily accessible location at each Developmental Research
School and the local UFF Chapter shall be notified of such location:
(a) The minutes of the Joint Developmental Research School Planning,


Printed: May 2001









Articulation, and Evaluation Committee and the DRS Advisory Board,


(b) The DRS operating budget, including financial support received by the DRS
from the university, and the allocation of student activity and service fees, and

(c) a copy of those provisions of the Florida Statutes and Board, university, and
Department of Education rules applicable to DRS.


ARTICLE 8
APPOINTMENT

8.1 Policy. The Board shall exercise its authority to determine the standards,
qualifications, and criteria so as to fill appointment vacancies in the bargaining unit with the
best possible candidates. In furtherance of this aim, the Board shall, through the
universities, (a) advertise such appointment vacancies, receive applications and screen
candidates therefore, and make such appointments as it deems appropriate under such
standards, qualifications, and criteria, and (b) commit to an effort to identify and seek
qualified women and minority candidates for vacancies and new positions.

8.2 Advertisement of Vacancies. Bargaining unit vacancies shall be advertised
throughoutthe State UniversitySystem as specified in the position vacancy announcement
system (Internet address: http://www.fsu.edu/Jobs.html). Employees of lower or
equivalent ranks, employeeswho are spouses of employees, and employees who are local
residents shall not, in the hiring process, be disadvantaged for that reason. All employees
who are candidates for new and vacant positions shall be advised of the salaries of
employees in the department/unit, or of salaries of university employees in the same job
classification, as appropriate, prior to the negotiation of the candidate's initial salary. Prior
to making the decision to hire a candidate to fill a bargaining unit vacancy, the appropriate
administrators) shall consider recommendations which have resulted from the review of
candidates by employees in the department.

8.3 Employment Contract. All appointments shall be made on a university employment
contract and signed by the President or representative and the employee. The university
may enclose informational addenda, except that such addenda may not abridge the
employee's rights or benefits provided in thisAgreement. All academic year appointments
for employees at a university shall begin on the same date. The university employment
contract shall contain the following elements:
(a) Date;

(b) Professional Classification System title, class code, rank, and appointment
status;

(c) Employment unit (e.g., department, college, institute, area, center, etc.);

(d) The length of the appointment;

(e) Special conditions of employment;

(f) A statement that the position is (1) tenured, (2) non-tenure earning, or (3)
tenure-earning (specifying prior service in another institution to be credited toward tenure);

(g) A statement that the employee's signature on the standard employment
contract shall not be deemed a waiver of the right to process a grievance with respect


Printed: May 2001









thereto in compliance with Article 20;


(h) The following statement, if the appointment is not subject to the notice
provisions of Section 12.2: "Your employment under this contract will cease on the date
indicated. No further notice of cessation of employment is required.";

(i) A statement that the appointment is subject to the Constitution and laws of
the State of Florida and the United States, the rules of the Board and the University, and
this Agreement;

(j) Percent of full-time effort (FTE) assigned;

(k) Salary rate;

(I) The minimum salary, if any, for the rank or job classification;

(m) The statement: "The BOR/UFF Collective Bargaining Agreement (Article 6)
prohibits discrimination against anyemployee based upon race, color, sex, religious creed,
national origin, age,veteran status, disability, political affiliation, marital status, or employee
rights related to union activity as granted under Chapter 447, Florida Statutes. Claims of
such discrimination by the Board or the universities may be presented as grievances
pursuant to Article 20, Grievance Procedure.";

(n) A statement informing the employee of the obligation to reportoutside activity
and conflict of interest under the provisions of Article 19 of the Agreement; and

(o) Principal place of employment.

8.4 Appointments.
(a) Change in Appointments.
(1) An employee serving on a calendar year appointmentmay request an
academic year appointment, or an annual leave accruing appointment of less than twelve
(12) months but more than nine (9) months. Similarly, an employee serving on an
academic year appointment may request a calendar year appointment or an annual leave
accruing appointment of less than twelve (12) months but more than nine (9) months. The
President or representative shall carefully consider such requests, although staffing
considerations and other relevant university needs may prevent their being granted.
(2) Upon approval by the President or representative, and assuming that
the assigned responsibilities remain substantially the same, an employee's base salary
shall be adjusted by 81.8 percent when changing from a calendar year to an academic
year appointment or by 122.2 percent when changing from an academic yearto a calendar
year appointment. For an employee whose appointment was previously changed from an
academic year to calendar year appointment at a salary adjustment other than 122.2
percent or from a calendar year to academic year appointment at a salary adjustment other
than 81.8 percent, the percent which is the reciprocal of the percent previously used shall
be used to make the salary adjustment.
(3) Upon approval of a change from a calendar year appointment to an
annual leave accruing appointment of less than twelve (12) months but more than nine (9)
months, the employee's salary shall be adjusted to a percent of the calendar year base
salary which is mathematically proportionate.

(b) Summer Appointments.
(1) Policy.
a. Available supplemental summer appointments shall be offered


Printed: May 2001









equitably and as appropriate to qualified employees, not later than five weeks prior to the
beginning of the appointment, if practicable, in accordance with written criteria. The criteria
shall be made available in each department/unit.
b. Supplemental summer appointments shall be made in
accordance with Section 240.243, Florida Statutes (the "twelve hour law").
(2) Compensation.
a. An employee shall receive approximately the same total salary
for teaching a course during a supplemental summer appointment as the employee
received for teaching the same course, or a course similar in length and content during the
academic year, regardless of the length of the supplemental summer appointment.
b. Salary for a supplemental summer appointment shall be
computed in accordance with the following formulae:


FTE for
Supplemental
Summer
Appointment





Salary
for
Supplemental
Summer
Appointment


FTE for
Semester
Instructional
Assignment*





Biweekly
Salary rate
During
Semester
Appointment


No. of Weeks (19.5)
in Semester Appointment
X No. of Weeks in
Supplemental Summer
Appointment


FTE for
X Supplemental
Summer
Appointment


Other FTE
(Research,
+ Service, and
Other Credit
Generating
Activities, etc.)
if Assigned**


Number of
Pay Periods
in Supplemental
Summer
Appointment


Examples (based on a $44,000 AY salary or $22,000 per semester):


Sample FTE
for Assigned
Instruc. Duty
.333
.500
.650
.812
1.000


Biweekly
Salary
Rate
$2256
2256
2256
2256
2256


Number
of Pay
Periods
9.75
6.50
5.00
4.00
3.25


Total Salary
for Instruction
$7325
7332
7332
7328
7332


19.5 .300 $2256 9.75 $6599
13.0 .450 2256 6.50 6599
10.0 .585 2256 5.00 6599
8.0 .731 2256 4.00 6597
6.5 .900 2256 3.25 6599


.250
.375
.488
.609
.750


$2256
2256
2256
2256
2256


9.75
6.50
5.00
4.00
3.25


$5499
5499
5505
5496
5499


Printed: May 2001


Weeks in
Appt.
19.5
13.0
10.0
8.0
6.5


19.5
13.0
10.0
8.0
6.5









5.0 .975


* This instructional FTE will ordinarily be that assigned to a course offered during the
academic year which is the same or similar to that being offered in the summer. This
academic year instructional assignment may not exceed .25 FTE for a 3 contact hour
course, except that contact hour equivalencies may be assigned forclassroom instructional
activities which involve unusual and significant requirements for classroom preparation,
conduct of classes, student evaluation, etc. The academic year FTE will be increased
during the supplemental summer appointment proportional to the shorter length of the
summer terms. Note that contact hour equivalencies may be assigned in the summer for
classroom instructional activities which involve unusual and significant requirements for
class preparation, conduct of classes, student evaluation, etc. These assigned FTE's also
will be proportionally greater in the summer than in the academic year in recognition of the
shorter length of the summer terms.

** The instructional FTE assignment described in Footnote (*), above, does not include
other credit-generating activities such as thesis/dissertation supervision, directed individual
studies, supervised research/teaching, and supervision of student interns. These activities,
as well as Research or Service activities, may be assigned by the university during the
summer term as "Other FTE" but are not a part of the "FTE for Semester Instructional
Assignment" described in Footnote (*), need not be assigned in conjunction with the
summer instructional assignment, and need not be allocated according to the same FTE
equivalent as during the academic year. Any such reduction in FTE must, however,
correspond to an appropriate reduction in assigned duties.

(c) Developmental Research School Appointments.
(1) Academic Year Appointments. The academic year appointment
period for developmental research school employees consists of a fall and spring semester
of approximately 42 contiguous weeks, and shall consist of not more than 194 days. In
scheduling these days, the DRS shall consider the calendar of the local district and such
scheduling shall be subject to consultation under Article 2.
(2) Review Period. The initial annual contract of a DRS employee
shall include a 97-day probationary period during which time the employee's contract may
be terminated without cause or the employee may resign without breach of contract.
(3) Summer Teaching Appointments. The following provisions apply
only to those summer teaching appointments funded by the schools through the use of
State funds (FEFP).
a. Summer teaching appointments shall be offered equitably and
as appropriate to qualified employees in a timely manner. Such appointments shall be
made in accordance with written criteria which have been developed in consultation with
UFF. The criteria shall be made available in a public place in the DRS.
b. Employees shall receive approximately the same hourly rate
for teaching a course during a summer appointment as they received for teaching the
same or similar course during the academic year, regardless of the length of the summer
appointment.

(d) Extra State Compensation Appointments. Extra State compensation is
defined as State compensation for any duties (including work activities previously
designated as overload) in excess of a full appointment (1.0 FTE). Available extra State
compensation appointments within the university shall be offered equitably and as
appropriate to qualified employees in sufficient time to allow voluntary acceptance or
rejection and are subject to the provisions of Section 23.12.


Printed: May 2001


2256 2.50


5499









(e) Visiting Appointments. A "visiting" appointment is one made to a person
having appropriate professional qualifications but not expected to be available for more
than a limited period, or to a person in a position which the university does not expect to
be available for more than a limited period. A visiting appointment may be offered in single
or multi-year contracts not to exceed a total of four (4) consecutive years.

(f) Adjunct Appointments. The use of adjuncts at a university shall, upon the
request of the UFF Chapter representatives, be a subject of consultation under the
provisions of Sections 2.1 and 2.2.

(g) Multi-YearAppointments at Florida Gulf Coast University. Florida Gulf Coast
University (FGCU) may offer fixed and continuing multi-year appointments for its
employees. Fixed multi-year appointments shall be for a period of two to five academic
or calendar years. Continuing multi-year appointments shall be for a period of three
academic or calendar years, with continuing one-year extensions pursuant to Section 15.9.
The criteria and procedures forfixed and continuing multi-year appointments at FGCU shall
be recommended by a committee comprised of elected employees and administration, with
a majority of the committee comprised of employees elected by employees for that
purpose. The criteria and procedures shall address eligibility requirements for fixed and
continuing multi-year appointments; transition and timelines for conversion from a fixed
multi-year appointment, tenure-earning or tenured appointment to a continuing multi-year
appointment; annual evaluations; sustained performance evaluations; performance
improvement plans and restoration to full appointments; notice provisions; and any other
provisions appropriate for multi-year appointments. The recommended criteria and
procedures shall be available to UFF for review prior to final approval by the President or
representative.
(1) Current employees on fixed multi-year appointments shall have their
appointment converted to a continuing multi-year appointment upon approval of the
President or representative pursuant to the criteria and procedures developed in this
section.
(2) Current tenured and tenure-earning employees will be offered the
option to convert to a continuing multi-year appointment. Tenured and tenure-earning
positions may be converted to multi-year appointments when the position becomes vacant.

(h) Fixed Multi-Year Appointments at all universities.
(1) Two- to five-year fixed multi-year appointments may be offered for
the following:
a. Instructors and Lecturers;
b. Non-tenured or non-tenure earning Assistant Librarians,
Associate Librarians, Librarians, Curators and Counselors/Advisors;
c. Scholars/Scientists, Research Associates, and Associate
In/Assistant In
d. Clinical faculty;
e. Individuals who have officially retired from universities or other
organizations and who are at least 55 years of age;
f. Tenured employees who decide to give up their tenured status
to take advantage of whatever incentives might be offered by a fixed multi-year
appointment; and
g. Individuals who have held the rank of full professor for at least
seven (7) years at an institution of higher education.
(2) Successive fixed multi-year appointments may be offered to
eligible employees hired pursuant to Section 8.4(h)(1) as follows:
a. Criteria used to determine in which instances to offer
successive appointments include consideration of the basis for the initial fixed multi-year


Printed: May 2001









appointment, evaluation of performance, professional growth, extent and currency of
professional qualifications, contribution to the mission of the department or program,
staffing needs, funding source alternatives, and continuing program considerations. Such
criteria shall be in writing and available to all eligible employees.
b. The employee will be advised in the penultimate year of the
appointment that to be considered for a successive fixed multi-year appointment, the
employee must submit a request and written documentation pursuant towritten procedures
established by the university. The university shall notify the employee in writing of its
decision to offer or not offer a successive appointment by the beginning of the final year
of the employee's current appointment.

(i) Developmental Research School employees are not eligible for a multi-year
appointment.

8.5 Reclassification of an Employee to a Non-Unit Classification. Employees shall be
provided written notice thirty (30) days in advance, where practicable, with a copy to the
local UFF Chapter, when the university proposes to reclassify the employee to a
classification which is not contained in the General Faculty bargaining unit. The employee
may request a reviewof such action consistent with the provisions of Section 28.6 and UFF
may discuss such action pursuant to Article 2, Consultation.


ARTICLE 9
ASSIGNMENT OF RESPONSIBILITIES

9.1 Policy. The professional obligation is comprised of both scheduled and non-
scheduled activities. The parties recognize that it is a part of the professional responsibility
of employees to carry out their duties in an appropriate manner and place. For example,
while instructional activities, office hours, and other duties and responsibilities may be
required to be performed at a specific time and place, other non-scheduled activities are
more appropriately performed in a manner and place determined by the employee in
consultation with his/her supervisor.

9.2 Considerations in Assignment.
(a) The employee shall be granted, upon written request, a conference with the
person responsible for making the assignment to express concerns regarding:
(1) the needs of the program or department/unit;
(2) the employee's qualifications and experiences, including professional
growth and development and preferences;
(3) the character of the assignment, including but not limited to the
number of hours of instruction, the preparation required, whetherthe employee has taught
the course in the past, the average number of students enrolled in the course in past
semesters and the time required by the course, whether travel to another location is
required, the number of preparations required, the employee's assignments in other
semesters, the terms and conditions of a contract or grant from which the employee is
compensated, the use of instructional technology, the availability and adequacy of
materials and equipment, secretarial services, student assistants, and other support
services needed to perform the assignments, and any changes which have been made in
the assignment, including those which may have resulted from previous evaluations of the
employee; and
(4) the opportunity to fulfill applicable criteria for tenure, promotion,
continuing multi-year appointments, successive fixed multi-year appointments, and merit
salary increases.


Printed: May 2001









(b) If the conference with the person responsible for making the assignment does
not resolve the employee's concerns, the employee shall be granted, upon written request,
an opportunity to discuss those concerns with an administrator at the next higher level.

(c) The Board and the UFF recognize that, while the Legislature has described
the minimum full academic assignment in terms of twelve (12) contact hours of instruction
or equivalent research and service, the professional obligation undertaken by a faculty
member will ordinarily be broader than that minimum. In like manner, the professional
obligation of other professional employees is not easily susceptible of quantification. The
Board, acting through the universities, has the right, in making assignments, to determine
the types of duties and responsibilities which comprise the professional obligation and to
determine the mix or relative proportion of effort an employee may be required to expend
on the various components of the obligation.

(d) Furthermore, the Board, acting through the universities, properly has the
obligation constantly to monitor and review the size and number of classes and other
activities, to consolidate inappropriately small offerings, and to reduce inappropriatelylarge
classes.

(e) No employee's assignment shall be imposed arbitrarily or unreasonably. If
an employee believes that the assignment has been so imposed, the employee should
proceed to address the matter through the procedures in Appendix "H" of this Agreement,
which shall be the exclusive method for resolving such disputes. Other claims of alleged
violations of the Agreement with respect to employee assignments are subject to the
provisions of Article 20, Grievance Procedure and Arbitration.

9.3 Annual Assignment.
(a) Communication of Assignment. Employees shall be apprised in writing, at
the beginning of their employment and at the beginning of each year of employment
thereafter, of the duties assigned in teaching, research and other creative activities, public
service, and of any other specific duties assigned for that year.
Except for an assignment made at the beginning of an employee's
employment, the person responsible for making an assignment shall notify the employee
prior to making the final written assignment. The assignment shall be communicated to
employees no later than six (6) weeks in advance of its starting date, if practicable.

(b) Instructional Assignment. The period of an instructional assignment during
an academic year shall notexceed an average of seventy-five (75) days per semesterand
the period for testing, advisement, and other scheduled assignments shall not exceed an
average of ten (10) days per semester. Within each semester, activities referred to above
shall be scheduled during contiguous weeks with the exception of spring break, if any.

(c) Change in Assignment. Should it become necessaryto make changes in an
employee's assignment, the person responsible for making the change shall notify the
employee prior to making such change and shall specify such change in writing.

(d) Equitable Opportunity. Each employee shall be given assignments which
provide equitable opportunities, in relation to other employees in the same department/unit,
to meet the required criteria for promotion, tenure, continuing multi-year appointments,
successive fixed multi-year appointments, and merit salary increases.
(1) For the purpose of applying this principle to promotion, assignments
shall be considered over the entire period since the original appointment or since the last
promotion, not solely over the period of a single annual assignment. The period under
consideration at that university shall not be less than four years. The employee's annual


Printed: May 2001









assignment shall be included in the promotion file.
(2) For the purpose of applying this principle to tenure, assignments shall
be considered over the entire probationary period and not solely overthe period of a single
annual assignment. The employee'sannual assignment shall be included in the tenure file.
(3) If an arbitrator determines that the employee was not provided an
"equitable opportunity" as described in this section, the arbitrator may award additional
employment requiring the university to provide the "equitable opportunity" as described
herein. The arbitrator also may retain jurisdiction for purposes of determining whether the
ensuing assignment provides such "equitable opportunity."

9.4 Summer Assignment.
(a) The summer instructional assignment, like that for the academic year,
includes the normal activities related to such an assignment as defined by the
department/unit and the nature of the course, such ascourse preparation, minorcurriculum
development, lectures, evaluation of student efforts, consultations and conferences with
students, and minor committee activities.

(b) When a summer instructional appointment immediately follows the academic
year appointment, the employee may be assigned reasonable and necessary non-
instructional duties related to the summer instructional appointment prior to the conclusion
of the academic year appointment.

(c) Developmental Research School employees employed full-time during the
summer shall be provided one planning period during the day. Part-time employees shall
be provided a proportional planning period. Compensation for the planning period shall
be at the same hourly rate as that for teaching a course during a summer appointment.

9.5 Place of Employment.
(a) Principal. Each employee shall be assigned one principal place of
employment, as stated on the university employment contract. Where possible, an
employee shall be given at least nine (9) months notice of a change in principal place of
employment. The employee shall be granted, upon written request, a conference with the
person responsible for making the change to express concems regarding such change,
including concerns regarding considerations in assignment as described in Section 9.3,
above. Voluntary changes and available new positions within the department shall be
considered prior to involuntary changes, if practicable.

(b) Secondary. Each employee, where possible, shall be given at least ninety
(90) days written notice of assignment to a secondary place of employment more than
fifteen (15) miles from the employee's principal place of employment. The employee shall
be granted, upon written request, a conference with the person responsible for making the
change to express concems regarding such change.
If the assignment to a secondary place of employment is made within a
regular full-time appointment, the supervisor is encouraged to make an appropriate
adjustment in the assignment in recognition of time spent traveling to a secondary place
of employment. Necessarytravel expenses, including overnight lodging and meals, for all
assignments not at the employee's principal place of employment shall be paid at the State
rate and in accordance with the applicable provisions of State law.

9.6 Teaching Schedule. Teaching schedules should be established, if practicable, so
that the time between the beginning of the first assignment and the end of the last for any
one day does not exceed eight (8) hours.

9.7 Equipment. When equipment is required for classes, it is desirable that there be


Printed: May 2001









sufficient equipment to accommodate the students assigned thereto. The Board and the
UFF are committed to seek funding to provide for the replacement of obsolete equipment,
recognizing the necessity for maintaining an adequate inventory of technologically current
equipment.

9.8 Workweek. Scheduled hours for all employees shall not normally exceed forty (40)
hours per week. Time shall be allowed within the normal working day for research,
teaching, or other activities required of the employee, when a part of the assigned duties.
Supervisors are encouraged to make appropriate reductions or adjustments in the number
of hours scheduled in recognition of evening, night, and weekend assignments, and for
periods when an employee is on call. Evenings, nights, and weekends when an employee
is on call shall be considered in making other assignments. See Section 17.5 regarding
schedule adjustment for holiday assignment.

9.9 Instructional Technology.
(a) "Instructional technology material" includes video and audio recordings,
motion pictures, film strips, photographicand other similar visual materials, live video and
audio transmissions, computer programs, computer assisted instructional course work,
programmed instructional materials, three dimensional materials and exhibits, and
combinations of the above materials, which are prepared or produced in whole or in part
by an employee, and which are used to assist or enhance instruction.

(b) The parties recognize the increasing development and use of technology,
such as videotapes, interactive television, and computer software, to support teaching and
learning and to enhance the fundamental relationship between employee and student. This
technology may be used in the context of distance learning. Furthermore, the parties also
recognize that this technology should be used to the maximum mutual benefit of the
university and the employee.

(c) Each university shall review the considerations stated in (1) through (4),
below, which may be raised by employee development and use of instructional
technology/distance learning. It is recognized that these considerations mayalready apply
to other employee instructional activities and, therefore, be addressed by existing SUS and
university policies and procedures. If the university concludes that new or revised policies
are needed, they shall develop such policies and consultwith UFF pursuantto Section 2.2,
prior to their implementation.
(1) Recognition of that employee effort spent in the assigned development
of instructional technology/distance learning materials and in providing instruction assigned
in this manner which is appreciably greater than that associated with a traditional course;
(2) Training and development resources available to employees who have
been assigned to provide instruction through the use of instructional technology/distance
learning;
(3) Provisions for clerical, tech nical, and library support in conjunction with
the assigned use of instructional technology/distance learning; and
(4) Compensation, including recognition in an employee's assignment or
provisions for extra State compensation, for appreciably greaterworkload associated with
the assigned development and use of instructional technology/distance learning.

(d) The employee shall not make use of appreciable university support in the
creation or revision of instructional technology materials unless the university approves
such use in advance and in writing.

(e) (1) Provisions governing releases to be obtained when the university has
an interest in instructional technology are contained in Section 18.3(c)(3). Consistent with


Printed: May 2001









such provisions and prior to the use of the instructional technology materials described in
Section 9.9(a), above, releases shall be obtained from persons appearing in, or giving
financial or creative support to their development or use, and the employee shall certify that
such development or use does not infringe upon any existing copyright or other legal right.
The employee shall be liable to the university for judgments resulting from such
infringements.
(2) The university shall assist the employee in obtaining releases
regarding instructional technology materials when:
a. the university has asserted an interest in such materials; or
b. the university has assigned the employee to develop such
materials.


ARTICLE 10
EMPLOYEE PERFORMANCE EVALUATIONS

10.1 Policy.
(a) Annual Evaluations. The purpose of the annual evaluation is to assess and
communicate the nature and extent of an employee's performance of assigned duties
consistentwith the criteria specified in Section 10.4. The performance of employees, other
than those who have received notice of nonreappointment under Section 12.2 or those not
entitled to receive notice of nonreappointment under Section 12.2 except those employees
on appointments pursuant to Section 8.4(g), shall be evaluated at least once annually, and
they shall be advised of the academic term during which such evaluation will be made.
Personnel decisions shall take such annual evaluations into account, provided that such
decisions need not be based solely on written employee performance evaluations.

(b) Sustained Performance Evaluations. Te nured fa culty mem bers shall receive
a sustained performance evaluation once every seven years following the award of tenure
or their most recent promotion. The purpose of this evaluation is to document sustained
performance during the previous six years of assigned duties and to encourage continued
professional growth and development.

10.2 Sources and Methods of Evaluation.
(a) In preparing the annual evaluation, the persons) responsible for
evaluating the employee may consider, where appropriate, information from the following
sources: immediate supervisor, peers, students, employee/self, other university officials
who have responsibility for supervision of the employee, and individuals to whom the
employee may be responsible in the course of a service assignment, including public
school officials when an employee has a service assignment to the public schools.

(b) Observation/Visitation. The employee, if assigned teaching duties, shall be
notified at least two (2) weeks in advance of the date, time, and place of any direct
classroom observation or visitation made in connection with the employee's annual
evaluation. If the employee determines that this date is not appropriate because of the
scheduled class activities, the employee may suggest a more appropriate date.
Alternatively, if such classroom observation or visitation will be made, the employee shall
be notified at least two (2) weeks in advance of the period (for example, a semester) over
which no less than two (2) observations will be made.

10.3 Procedures.
(a) Annual Evaluation.
(1) The proposed written annual evaluation, including the employee's
annual assignment which was furnished pursuant to Section 9.3, shall be provided to the


Printed: May 2001









employee within thirty (30) days after the end of the academic term during which such
evaluation will be made. The employee shall be offered the opportunity to discuss the
evaluation with the evaluator prior to its being finalized and placed in the employee's
evaluation file. The evaluation shall be signed and dated by the person performing the
evaluation, and by the person being evaluated who may attach a concise comment to the
evaluation. A copy of the evaluation shall be provided to the employee. The employee
may request, in writing, a meeting with an administrator at the next higher level to discuss
concerns regarding the evaluation which were not resolved in previous discussions with
the evaluator.
(2) Each universitydepartment/unit shall develop and maintain procedures
by which to evaluate each employee according to criteria specified in Section 10.4. These
procedures will include the method for the distribution of salary increase funds specified
in Section 23.1(a)(2) based on said annual evaluation. The employees of each
department/unit, who are eligible to vote in department/unit governance, shall participate
in the development of these procedures and shall recommend implementation by vote of
a majority of at least a quorum of those employees.
a. The proposed procedures, or revisions thereof, shall be
reviewed by the President or representative to ensure that they are consistent with the
mission and goals of the university and that they comply with this agreement.
b. If the President or representative determines that the
recommended procedures do not meet the conditions in Section 10.3(2)(a) above, the
proposal shall be referred to the department/unit for revision with a written statement of
reasons for non-approval. No merit salary increase funds shall be provided to a
department/unit until its procedures have been approved by the President or
representative.
c. Approved procedures, and revisions thereof, shall be kept on
file in the department/unit office. Employees in each department/unit shall be provided a
copy of that department's/unit's current procedures for annual evaluation.
(3) Upon written request from the employee, the persons responsible for
supervising and evaluating an employee shall endeavor to assist the employee in
correcting any major performance deficiencies reflected in the employee's annual
evaluation.

(b) Sustained Performance Evaluations.
(1) The sustained performance evaluation program shall provide that:
a. Only elected faculty may participate in the development of
applicable procedures. Such procedures shall ensure involvement of both peers and
administrators at the department and higher levels in the evaluation and shall ensure that
an employee may attach a concise response to the evaluation;
b. The university shall provide for an appeals process to
accommodate instances when the employee and the supervisor cannot agree upon the
elements to be included in the performance improvement plan; and
c. The proposed procedures for the sustained performance
evaluation shall be available to faculty members and to UFF for review prior to final
approval.
(2) Employee annual evaluations, including the documents contained in
the evaluation file shall be the sole basis for the sustained performance evaluation.
a. An employee who received satisfactory annual evaluations
during the previous six years shall not be rated below satisfactory in the sustained
performance evaluation nor subject to a performance improvement plan.
b. A performance improvement plan shall be developed only for
those employees whose performance is identified through the sustained performance
evaluation as being consistently below satisfactory in one or more areas of assigned
duties. The performance improvement plan shall be developed by the employee, in


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concert with his/her supervisor, and include specific performance targets and a time period
for achieving the targets. The performance improvement plan shall be approved by the
President or representative. Specific resources identified in an approved performance
improvement plan shall be provided by the university. The supervisor shall meet
periodically with the employee to review progress toward meeting the performance targets.
It is the responsibility of the employee to attain the performance targets specified in the
performance improvement plan.

10.4 Criteria. The annual performance evaluation shall be based upon assigned duties,
and shall carefully consider the nature of the assignments, in terms, where applicable, of:
(a) Teaching effectiveness, including effectiveness in presenting knowledge,
information, and ideas by means or methods such as lecture, discussion, assignment and
recitation, demonstration, laboratoryexercise, practical experience, and direct consultation
with students. The evaluation shall include consideration of effectiveness in imparting
knowledge and skills, and effectiveness in stimulating students' critical thinking and/or
creative abilities, the development or revision of curriculum and course structure, and
adherence to accepted standards of professional behavior in meeting responsibilities to
students. The evaluator may take into account class notes, syllabi, student exams and
assignments, and any other materials relevant to the employee's teaching assignment.
The teaching evaluation must take into account any relevant materials submitted by the
employee, including the results of peer evaluations of teaching, and may not be based
solely on student evaluations when this additional information has been made available to
the evaluator.

(b) Contribution to the discovery of new knowledge, development of new
educational techniques, and other forms of creative activity. Evidence of research and
other creative activity shall include, but not be limited to, published books; articles and
papers in professional journals; musical compositions, paintings, sculpture; works of
performing art; papers presented at meetings of professional societies; and research and
creative activity that has not yet resulted in publication, display, or performance. The
evaluation shall include consideration of the employee's productivity, including the quality
and quantity of what has been done during the year, and of the employee's research and
other creative programs and contributions; and recognition by the academic or professional
community of what is done.

(c) Public service that extends professional or discipline-related contributions to
the community; the State, including public schools; and the national and international
community. This public service includes contributions to scholarly and professional
organizations and governmental boards, agencies, and commissions that are beneficial to
such groups and individuals.

(d) Participation in the governance processes of the institution through significant
service on committees, councils, and senates, beyond that associated with the expected
responsibility to participate in the governance of the institution through participation in
regular departmental or college meetings.

(e) Other assigned university duties, such as advising, counseling, supervision
of interns, and academic administration, or as described in a Position Description, if any,
of the position held by the employee.

10.5 Proficiency in Spoken English. No employee shall be evaluated as deficient in oral
English language skills unless proved deficient in accordance with the appropriate
procedures and examinations established by Section 240.246, Florida Statutes, and Board
of Regents rule, for testing such deficiency.


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(a) Faculty involved in classroom instruction, other than in courses conducted
primarily in a foreign language, found by their supervisor, as part of the annual evaluation,
to be potentially deficient in English oral language skills, shall be tested in accordance with
appropriate procedures and examinations established by statute and rule cited above for
testing such skills. No reference to an alleged deficiency shall appear in the annual
evaluation or in the personnel file of a faculty member who achieves a satisfactory
examination score determining proficiency in oral English as specified in the rule (currently
"50" or above on the Test of Spoken English).

(b) Faculty who score at a specified level on an examination established by
statute and rule cited above for testing oral English language skills ("45" on the Test of
Spoken English), may continue to be involved in classroom instruction up to one (1)
semester while enrolled in appropriate English language instruction, as described in
paragraph (d) below, provided the appropriate administrator determines that the quality of
instruction will not suffer. Only such faculty members who demonstrate, on the basis of
examinations established by statute and rule, that they are no longer deficient in oral
English language skills may be involved in classroom instruction beyond one (1) semester.

(c) Faculty who score below a minimum score on an examination established
by statute and rule for determining proficiency in oral English (currently "45" on the Test
of Spoken English) shall be assigned appropriate non-classroom duties for the period of
oral English language instruction provided by the university under paragraph (d) below,
unless during the period of instruction the faculty member is found, on the basis of an
examination specified above, to be no longer deficient in oral English language skills. In
that instance, the faculty member will again be eligible for assignment to classroom
instructional duties and shall not be disadvantaged by the fact of having been determined
to be deficient in oral English language skills.

(d) It is the responsibility of each faculty member who is found, as part of the
annual evaluation, to be deficient in oral English language skills by virtue of scoring below
the satisfactory score on an examination established by statute and rule for determining
such proficiency (see paragraph (a)), to take appropriate actions to correct these
deficiencies. To assist the faculty member in this endeavor, the university shall provide
appropriate oral English language instruction without cost to such faculty members for a
period consistent with their length of appointment and not to exceed two (2) consecutive
semesters. The time the faculty member spends in such instruction shall not be consid-
ered part of the individual assignment or time worked, nor shall the faculty member be
disadvantaged by the fact of participation in such instruction.

(e) If a university determines, as part of the annual evaluation, that one (1) or
more administrations of a test to determine proficiency in oral English language skills is
necessary, in accordance with statute and rule and this section, the university shall pay the
expenses for up to two (2) administrations of the test. The faculty member shall pay for
additional testing that may be necessary.

10.6 Employee Assistance Programs. Neither the fact of an employee's participation in
an employee assistance program nor information generated by participation in the
program, shall be used as evidence of a performance deficiency within the evaluation
process described in this Article, except for information relating to an employee's failure
to participate in an employee assistance program consistent with the terms to which the
employee and the university have agreed.


ARTICLE 11


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EVALUATION FILE


11.1 Policy. There shall be one (1) evaluation file containing a dated copy of all
documents used in the evaluation process, other than evaluation for tenure, promotion,
continuing multi-year appointments, and successive fixed multi-year appointments. When
evaluations and other personnel decisions are made, other than for tenure, promotion, and
continuing multi-year appointments, the only documents which may be used are those
contained in that file. Such documents shall be placed in the evaluation file within a
reasonable time after receipt by the custodian of the file. Employees shall be notified,
upon written request, of the location of the evaluation file and the identity of the custodian.
A notice specifying the location of the evaluation file shall be posted in each
department/unit.

11.2 Access. An employee may examine the evaluation file, upon reasonable advance
notice, during the regular business hours of the office in which the file is kept, normally
within the same business day as the employee requests to see it, and under such
conditions as are necessary to insure its integrity and safekeeping. Upon request, an
employee may paginate with successive whole numbers the materials in the file, and may
attach a concise statement in response to any item therein. Upon request, an employee
is entitled to one (1) free copy of any material in the evaluation file. Additional copies may
be obtained by the employee upon the payment of a reasonable fee for photocopying. A
person designated by the employee may examine that employee's evaluation file with the
written authorization of the employee concerned, and subject to the same limitations on
access that are applicable to the employee.

11.3 Indemnification. The UFF agrees to indemnify and hold the Board, its officials,
agents, and representatives harmless from and against any and all liability for any
improper, illegal, or unauthorized use by the UFF of information contained in such
evaluation files.

11.4 Use of Evaluative Materials. In the event a grievance is filed, university, Board, and
UFF grievance representatives, the arbitrator, and the grievant shall have the right to use,
in the grievance proceedings, copies of materials from the grievant's evaluation file.

11.5 Anonymous Material. There shall be no anonymous material in the evaluation file
except for numerical summaries of student evaluations that are part of a regular evaluation
procedure of classroom instruction and/or written comments from students obtained as part
of that regular evaluation procedure. If written comments from students in a course are
included in the evaluation file, all of the comments obtained in the same course must be
included.

11.6 Peer Committee Evaluations. Evaluative materials, or summaries thereof, prepared
by peer committees as part of a regular evaluation system, may be placed in an evaluation
file when signed by a representative of the committee.

11.7 Removal of Contents. Materials shown to be contrary to fact shall be removed from
the file. This section shall not authorize the removal of materials from the evaluation file
when there is a dispute concerning a matter of judgment or opinion rather than fact.
Materials may also be removed pursuant to the resolution of a grievance.

11.8 Limited Access Information. Information reflecting evaluation of employee
performance shall be available for inspection only by the employee, the employee's
representative, university and Board officials who use the information in carrying out their
responsibilities, peer committees responsible for evaluating employee performance, and


Printed: May 2001









arbitrators or others engaged by the parties to resolve disputes, or by others by court order.
However, such limited access status shall not apply to summary data, by course, for the
common "core" items contained in student course evaluations, which have been selected
as such by the Board or the university and made available by the university to the public
on a regular basis.


ARTICLE 12
NON-REAPPOINTMENT

12.1 No Property Right. No appointment shall create any right, interest, or
expectancy in any other appointment beyond its specific terms, except as provided in
Sections 13.2 and 15.11.

12.2 Notice.
(a) All employees, except those described in (b)(1) and (c) below are entitled to
the following written notice that they will not be offered further appointment:
(1) For employees in their first two (2) years of continuous university
service, one semester (or its equivalent, 19.5 weeks, for employees appointed for more
than an academic year);
(2) For employees with two (2) or more years of continuous university
service one year; or
(3) For employees who are on "soft money" e.g., contracts and grants,
sponsored research funds, and grants and donations trust funds, who had five (5) or more
years of continuous university service as of June 30, 1991, one year.
(4) The provision of notice under this section does not provide rights to
a summer appointment beyond those provided in Section 8.4(b).

(b) Employees who are on "soft money," e.g., contracts and grants, sponsored
research funds, and grants and donations trust funds, except those described in Section
12.2(a)(3), above, are entitled to the following written notice that they will not be offered
further appointment:
(1) For employees in their first five (5) years of continuous university
service, no notice need be provided and the statement in (d), below, shall be included in
their employment contracts; or
(2) For employees with five (5) or more years of continuous university
service, ninety (90) days notice shall be provided contingent upon funds being available
in the contract or grant.

(c) Employees who are appointed for less than one (1) academic year, who are
appointed to a visiting appointment, who are appointed to a fixed multi-year appointment,
pursuant to Section 8.4(h) and employees employed in an auxiliary entity, are not entitled
to notice that they will not be offered further appointment, and the statement in (d), below,
shall be included in their employment contracts.

(d) Employees described in (b)(1) and (c), above, shall have the following
statement included in their employment contracts:

Your employment under this contract will cease on the date
indicated. No further notice of cessation of employment is
required.

(e) An employee who is entitled to written notice of non-reappointment in
accordance with the provisions of Section 12.2 who receives written notice that the


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employee will not be offered further appointment shall be entitled, upon written request
within twenty (20) days following receiptof such notice, to a written statement of the basis
for the decision not to reappoint. Thereafter, the President or representative shall provide
such statement within twenty (20) days following receipt of such request. All such notices
and statements are to be sent by certified mail, return receipt requested, or delivered in
person to the employee with written documentation of receipt obtained.

12.3 Grievability. An employee who receives written notice of non-reappointment
may, according to Article 20, contest the decision because of an alleged violation of a
specific term of the Agreement or because of an alleged violation of the employee's
constitutional rights. Such grievances must be filed within thirty (30) days of receipt of the
statement of the basis for the decision not to reappoint pursuant to Section 12.2(e) or
receipt of the notice of non-reappointment if no statement is requested.

12.4 Non-Reappointment Considerations. If the decision not to reappoint was based
solely upon adverse financial circumstances, reallocation of resources, reorganization of
degree or curriculum offerings or requirements, reorganization of academic or
administrative structures, programs, or functions, and/or curtailment or abolition of one or
more programs or functions, the university shall take the following actions:
(a) Make a reasonable effort to locate appropriate alternative or equivalent
employment first within the university and second within the State University System; and

(b) Offer such employee, who is not otherwise employed in an equivalent
full-time position, re-employment in the same or similar position at the university for a
period of two years following the initial notice of nonreappointment, should an opportunity
for such re-employment arise. All persons on the recall list shall regularly be sent the SUS
position vacancy announcements. For this purpose, it shall be the employee's
responsibility to keep the university advised of the employee's current address. Should a
vacancy occur at another university within the State University System, the employee may
apply for the position and shall be considered therefore in accordance with the normal hiring
procedures of that university. Any offer of re-employment pursuant to this section must be
accepted within fifteen (15) days after the date of the offer, such acceptance to take effect
not later than the beginning of the semester immediately following the date the offer was
made. In the event such offer of re-employment is not accepted, the employee shall
receive no further consideration pursuant to this Article.

12.5 Resignation. An employee who wishes to resign has the professional obligation,
when possible, to provide the university with at least one semester's notice. Upon
resignation, all consideration for tenure and reappointment shall cease.

12.6 Notice Document. Notice of appointment and non-reappointment shall not be
contained in the same document.


ARTICLE 13
LAYOFF AND RECALL

13.1 (a) Layoff. When a layoff is to occur as a result of adverse financial
circumstances; reallocation of resources; reorganization of degree or curriculum offerings
or requirements; reorganization of academic or administrative structures, programs, or
functions; or curtailment or abolition of one or more programs or functions; the Board or
the university shall notify the local UFF Chapter and the UFF state office no less than thirty
(30) days prior to taking such action. UFF may request a consultation with the Chancellor
or the president or their representatives pursuant to Sections 2.1 or 2.2 during this period


Printed: May 2001









to discuss the layoff.


(b) Layoff Unit. The layoff unit may be at an organizational level of the un diversity,
such as a campus, division, college/unit, school, department/unit, area, program, or other
level of organization as the Board or the university deems appropriate.

13.2 Layoff Considerations. The selection of employees in the layoff unit to be laid off
will be determined as follows:
(a) No tenured/continuing multi-year/permanent status employee shall be laid
off if there are non-tenured/ non-permanent status employees in the layoff unit.

(b) No employee in a non-tenured/non-permanent status position in the layoff
unit with more than five (5) years of continuous university service shall be laid off if there
are any such employees with five (5) years or less service.

(c) The sole instance in which only one (1) employee will constitute a layoff unit
is when the functions that the employee performs constitute an area, program, or other
level of organization at a university.

(d) The provisions of 13.2(a) and (b) will apply unless the Board or university
determines that an Affirmative Action employment program will be adversely affected.
When an Affirmative Action Program has been so affected, the Board or university shall
notify UFF in writing.

(e) Where employees are equally qualified under (a) or (b) above, those
employees will be retained who, in the judgment of the Board or the university, will best
contribute to the mission and purpose of the institution and the State University System.
In making such judgment, the Board or the university shall carefully consider employees'
length of continuous university service, and shall take into account other appropriate
factors, including but not limited to performance evaluation by students, peers, and
supervisors, and the employee's academic training, professional reputation, teaching
effectiveness, research record or quality of the creative activity in which the employee may
be engaged, and service to the profession, community, and public.

(f) No tenured/continuing multi-year/permanent status employee shall be laid
off solely for the purpose of creating a vacancy to be filled by an administrator entering the
bargaining unit.

(g) The university shall notify the local UFF Chapter in writing regarding the use
of adjunct and other non-unit faculty in those departments/units where employees have
been laid off. The use of adjunct and other non-unit faculty in departments/units where
employees have been laid off may be the subject of consultation meetings pursuant to
Section 2.2.

13.3 Alternative/Equivalent Employment. The university and Board shall make a
reasonable effort to locate appropriate alternate or equivalent employment for laid-off
employees, first within the university and second within the State University System, and
to make known the results of the effort to the person affected.

13.4 Notice. Employees should be informed of layoff as soon as practicable and, where
circumstances permit, employees with three or more years of continuous university service
should be provided at least one (1) year's notice; those with less service with at least six
(6) month's notice. Employees who have received notice of layoff shall be afforded the
recall rights granted under Sections 13.3 and 13.5. Formal written notice of layoff is to be


Printed: May 2001









sent by certified mail, return receipt requested, or delivered in person to the employee with
written documentation of receipt obtained. The notice shall include effective date of layoff;
reason for layoff; reason for shortened period of notification, if applicable; a statement of
recall rights; a statement of appeal/grievance rights and applicable deadlines for filing; a
statement that the employee will receive the SUS Vacancy Listing until the recall period
ends or re-employment offer is refused; and a statement that the employee is eligible for
consideration for retraining under the provision of Section 22.4 for a period of two years
following layoff.

13.5 Re-employment/Recall.
(a) For a period of two years following layoff or for employees appointed to a
fixed multi-year appointment, not to exceed the length of their last employment contract,
not to exceed two (2) years, an employee who has been laid off and who is not otherwise
employed in an equivalent full-time position shall be offered re-employment in the same
or similar position at the university at which previously employed at the time of layoff,
should an opportunity for such re-employment arise. All persons on the recall list shall
regularly be sent the SUS position vacancy announcements. For this purpose, it shall be
the employee's responsibility to keep the university advised of the employee's current
address. Should a vacancy occur at another university within the State UniversitySystem,
the employee may apply for the position and shall be considered therefore in accordance
with the normal hiring procedures of that university. Any offer of re-employment pursuant
to this section must be accepted within fifteen (15) days after the date of the offer, such
acceptance to take effect not later than the beginning of the semester immediately
following the date the offer was made. In the event such offer of re-employment is not
accepted, the employee shall receive no further consideration pursuant to this Article.
Employees appointed to a fixed multi-year appointment, who are recalled shall be offered
re-employment not to exceed the length of their last employment contract. The university
shall notify the local UFF Chapter when an offer of re-employment is issued.

(b) An employee who held a tenured/continuing multi-year/permanent status
appointment on the date of termination by reason of layoff shall resume the tenured/
continuing multi-year/permanent status appointment upon recall.

(c) The employee shall receive the same creditfor years of service for purposes
of layoff as held on the date of layoff.

(d) Employee Assistance Programs. Consistent with the university's Employee
Assistance Program, employees participating in an employee assistance program who
receive a notice of layoff may continue to participate in that program for a period of ninety
(90) days following the layoff.

13.6 Limitations. The provisions of Sections 13.2 through 13.5 of this Agreementshall not
apply to those employees described in Sections 12.2(a)(3), (b), and (c), and in 8.4(h).


ARTICLE 14
PROMOTION PROCEDURE

14.1 Policy.
(a) Promotion decisions are not merely a totaling of an employee's annual
performance evaluations. Rather, the university, through its faculty, professional
employees, and administrators, assesses the employee's potential for growth and scholarly
contribution as well as past meritorious performance.


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(b) Upon annual written request beginning with the second year of employment,
employees eligible for consideration for promotion shall be apprised of their progress
toward promotion. The appraisal shall be included as a separate componentof the annual
evaluation and is intended to provide assistance and counseling to candidates to help them
to qualify themselves forpromotion. The employee may request, in writing, a meeting with
an administrator at the next higher level to discuss concerns regarding the promotion
appraisal which were not resolved in previous discussions with the evaluator. The
appraisals are not binding upon the university.

14.2 Criteria.
(a) Promotion decisions shall be a result of meritorious performance and shall
be based upon established criteria specified in writing by the Board or the universities. All
affected employees shall be given a copy of the criteria. The Board and the universities
may modify these criteria so long as the local UFF Chapter (in the case of Board criteria,
the UFF) has been notified of the proposed changes and offered an opportunity to discuss
such changes in consultation with the President or representative (in the case of Board
criteria, the Chancellor or representative). Changes in criteria shall not become effective
until one (1) year following adoption of the changes, unless mutually agreed to in writing
by the local UFF Chapter President and the university President (in the case of Board
criteria, the Chancellor or representative). The date of adoption shall be the date on which
the changes are approved by the administrator at the highest level required under
applicable university policies and procedures. Any proposal to develop or modify
promotion criteria shall be available for discussion by members of the affected
departments/units before adoption.

(b) Each university isencouraged to reviewits promotion criteria which may exist
at the university, college/school, or department/unit level to ensure that such criteria are
consistent with each other and that they comport with the mission of the university and its
various academic units.

(c) Promotion criteria shall be available in the department/unit office and/or at
the college/unit level.

14.3 Procedures.
(a) Recommendations for promotion shall begin with the employee's supervisor
and shall be submitted to the appropriate officials for review. Prior to the consideration of
the employee's promotion, the employee shall have the rightto review the contents of the
promotion file and may attach a brief response to any material therein. It shall be the
responsibility of the employee to see that the file is complete. The provisions of Sections
11.2 through 11.8 of this Agreement shall apply to the contents of the promotion file. If any
material is added to the file after the commencement of consideration, a copy shall be sent
to the employee within five (5) days (by personal delivery or by mail, return receipt
requested). The employee may attach a brief response within five (5) days of his/her
receipt of the added material. The file shall not be forwarded until either the employee
submits a response or until the second five (5) day period expires, whichever occurs first.

(b) Recommendations for promotion shall include a copyof applicable promotion
criteria, the employee's annual assignments and annual evaluations, and, if the employee
chooses, the employee's promotion appraisal(s). The reviewers at any stage in the review
may request to view the appraisal(s).

14.4 Notice of Denial. If any employee is denied promotion, the employee shall be
notified in writing by the appropriate administrative official, within ten (10) days or as soon
as possible thereafter, of that decision. Upon written request byan employee within twenty


Printed: May 2001









(20) days of the employee's receipt of such decision, the university shall provide the
employee with a written statement of the reasons why the promotion was denied.


ARTICLE 15
TENURE, CONTINUING MULTI-YEAR APPOINTMENTS, AND PERMANENT
STATUS

15.1 Eligibility. Employees with the rank of Assistant Professor, Associate Professor,
Professor, and other employees the Board may designate (such as Assistant Librarians,
Associate Librarians, and Librarians at the University of Florida), shall be eligible for tenure,
unless appointed pursuant to Section 8.4(g). Universities may, by rule, make Assistant
Professors ineligible for tenure. The universities' rule-making power to make Assistant
Professors ineligible for tenure shall apply only to employees appointed after January 1,
1982. Other employees shall be governed by the agreement in force at the time of their
original appointment. The Board may designate other positions as tenure-earning and
shall notify the employee of such status at the time of initial appointment. Tenure shall be
in a department/unit or other appropriate administrative unit. Tenure shall not extend to
administrative appointments in the General Faculty or Administrative and Professional
classification plans.

15.2 Tenure Decision:
(a) An employee shall normally be considered for tenure during the sixth year
of continuous service in a tenure-earning position including any prior service creditgranted
at the time of initial employment. An employee's written request for early tenure
consideration is subject to the university's written agreement.

(b) By the end of six (6) years of service at the university, an employee eligible
for tenure shall either be awarded tenure by the Board or given notice that further
employment will not be offered. Upon written request by an employee within twenty (20)
days of the employee's receipt of such notice, the university shall provide the employee
with a written statement of reasons by the President or representative why tenure was not
granted.

(c) Decision by the Board. The Board shall award tenure. This decision shall
normally be made at the May Board Meeting but no later than the following meeting. The
employee shall be notified in writing by the President or representative within five (5) days
of the decision of the Board.

(d) An employee being considered for tenure prior to the sixth (6) year may
withdraw from consideration on or before March 15 without prejudice.

15.3 Criteria for Tenure.
(a) The decision to award tenure to an employee shall be a result of meritorious
performance and shall be based on established criteria specified in writing by the Board
and the universities. The decision shall take into account the following:
(1) annual performance evaluations;
(2) the needs of the department/unit, college/unit, and university;
(3) the contributions of the employee to the employee's academic unit
(program, department/unit, college/unit); and
(4) the contributions the employee is expected to make to the institution.

(b) The university shall give a copy of the criteria for tenure to employees eligible
for tenure, and each such employee shall be apprised in writing once each year of the


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employee's progress toward tenure. The appraisal shall be included as a
separate component of the annual evaluation and is intended to provide assistance and
counseling to candidates to help them to qualify themselvesfor tenure. The employee may
request, in writing, a meeting with an administrator at the next higher level to discuss
concerns regarding the tenure appraisal which were not resolved in previous discussions
with the evaluator. The appraisals are not binding upon the university.

(c) Tenure criteria shall be available in the department/unit office and/or at the
college/unit level.

15.4 Modification of Criteria.
(a) Modifying Criteria. The Board and the universities may modify the criteria
for tenure so long as the local UFF Chapter (in the case of Board criteria, the UFF) has
been notified of the proposed changes and offered an opportunity to discuss such changes
in consultation with the university President or representative (in the case of the Board
criteria, the Board or its representative). Changes in criteria shall not become effective
until one (1) year following adoption of the changes, unless mutually agreed to in writing
by the local UFF President and the university President or representative (in the case of
Board criteria, the Board or representative). The date of adoption shall be the date on
which the changes are approved by the administrator at the highest level required under
applicable university policies and procedures. Any proposal to develop or modify tenure
criteria shall be available for discussion by members of the affected departments/units
before adoption.

(b) Effect on Employees. The provisions of Section 9.3(d) are applicable to the
modified criteria. Further, if an employee has at least three (3) years of tenure-earning
credit as of the date on which the tenure criteria are adopted underSection 15.4(a), above,
the employee shall be evaluated for tenure under the criteria as they existed prior to
modification unless the employee notified the university at least thirty (30) days prior to
commencement of the tenure consideration that he/she chooses to be evaluated under the
newly-adopted criteria.

15.5 Recommendations and Procedures.
(a) Recommendations for the awarding of tenure shall be made by the
employee's supervisor and shall include a poll by secret ballot of the tenured members of
the employee's department/unit. The performance of an employee during the entire term
of employment at the institution shall be considered in determining whether to granttenure.
Recommendations regarding tenure shall include a copy of applicable tenure criteria, the
employee's annual assignments and annual evaluations, and, if the employee chooses,
the employee's tenure appraisals. The reviewers at any stage in the review may request
to review the appraisals. Prior to the consideration of the employee's candidacy, the
employee shall have the right to review the contents of the tenure file and may attach a
brief and concise response to any materials therein. It shall be the responsibility of the
employee to see that the file is complete. The provisions of Sections 11.2 through 11.8 of
this Agreement shall apply to the contents of the tenure file.

(b) If any material is added to the file after the commencement of
consideration, a copy shall be sent to the employee within five (5) days (by personal
delivery or by mail, return receipt requested). The employee may attach a brief response
within five (5) days of his/her receipt of the added material. The file shall not be forwarded
until either the employee submits a response or until the second five (5) day period expires,
whichever occurs first. The only documents which may be considered in making a tenure
recommendation are those contained or referenced in the tenure file.


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15.6 Other Considerations
(a) During the period of tenure-earning service, the employee's employmentshall
be governed by the provisions of Article 12.

(b) Part-time service of an employee employed at least one semester in any
twelve (12) month period shall be accumulated. For example, two (2) semesters of
half-time service shall be considered one-half year of service toward the period of
tenure-earning service.

(c) Where employees are credited with tenure-earning service at the time of
initial appointment, all or a portion of such credit may be withdrawn once bythe employee
prior to formal application for tenure.

15.7 Transfer of Tenure.
(a) Tenured SUS employees who transfer within an SUS university or to another
SUS university, and who are employed in the same or similar discipline, may transfer their
tenure if a vacancy exists and they are offered employment through the normal hiring
process. The amount of prior SUS service creditable toward tenure at another university
may, by mutual agreement, be all or part of such service. In the absence of mutual
agreement, all such service shall be credited.

(b) When a tenured SUS employee is transferred as a result of a reorganization
or program curtailment within the university and is employed in the same or similar
discipline in which tenure was granted, the employee's tenure shall be transferred to the
new department.

15.8 Tenure upon Appointment. Tenure may be granted to an employee by the Board
at the time of initial appointment, upon recommendation of the appropriate administrator.
The administrator shall consider the recommendation of the department or equivalent unit
prior to making his/her final tenure recommendation.

15.9 Continuing Multi-Year Appointments at Florida Gulf Coast University.
(a) Each employee on a continuing multi-year appointment will be
evaluated annually pursuant to Section 10.1(a). Upon receiving an overall satisfactory
annual evaluation and meeting the criteria for continuing multi-year appointments
established pursuant to Section 8.4(g), the employee's appointmentwill be extended one
year, resulting in the employee having a full three-year continuing multi-year appointment,
subject to the provisions of Section 15.9(b).

(b) Employees on continuing multi-year appointments shall receive a
comprehensive sustained performance evaluation during the seventh year of the
continuing multi-year appointment and every seven (7) years thereafter. This
comprehensive evaluation shall be a separate component of the annual evaluation and
shall be conducted pursuant to procedures established pursuant to Section 8.4(g). This
evaluation shall consider the employee's performance for the previous six-year period.
This comprehensive evaluation shall be based on written criteria made available to all
eligible employees and take into account annual performance evaluations; the needs of
the department/unit, college/unit, and the university; the contributions of the employee to
the employee's academic unit (program, department/unit, college/unit); and the
contributions the employee is expected to make to the institution. The results of an
employee's sustained performance evaluation may be used by the President or
representative as the basis for probation or removal of the employee, pursuant to the
criteria and procedures developed in Section 8.4(g).


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15.10 Permanent Status for Developmental Research School Employees.
(a) Appointments of Developmental Research School (DRS) employees to the
ranks of University School Assistant Professor, University School Associate Professor, and
University School Professor, are permanent status earning when the appointments do not
include the appointment status modifiers "acting," "joint," "provisional," "visiting," "research,"
"courtesy," "honorary," or "affiliate." Universities may, by rule, make employees appointed
to the rank of University School Instructor eligible for permanent status. Appointments
which include the appointment status modifiers "joint," "provisional," "visiting," "research,"
or "affiliate" may or may not eam time toward permanent status, as determined by the
university at the time of appointment. If a DRS employee is initially appointed to the rank
of University School Instructor or to a rank including the appointment status modifiers
"joint," "provisional," visitingg, "research," or "affiliate" determined by the university not to
earn time toward permanent status, and is subsequently appointed to a permanent status
earning position, all or a portion of the employee's prior service in the non-permanent
status earning position may be counted toward permanent status, provided the university
agrees in writing to credit such service.

(b) DRS employees shall be granted permanent status by the president provided
that such employees:
(1) hold the required educational qualifications;
(2) have completed three years of full-time or equivalent part-time service
in a permanent status-earning position in the school, such service being continuous except
for leave duly authorized and granted;
(3) have been reappointed for the fourth year;
(4) have been reviewed by DRS faculty; and
(5) have been recommended by the DRS Director and approved by the
president for permanent status based on successful performance of duties and
demonstration of professional competence. Prior to the end of three continuous years of
full-time service in a permanent status earning position, the DRS Director shall provide
notification to the employee of the granting of permanent status or one year notice of
nonreappointment.

(c) Permanent status shall become effective at the beginning of the school year
following its being granted by the president.

(d) An employee with permanent status shall be entitled to continue in the same
or similar position in the DRS until the employee resigns, is removed for just cause
pursuant to Article 16, Disciplinary Action and Job Abandonment, is laid off pursuant to
Article 13, Layoff and Recall, or their contractual status is changed as maybe prescribed
in the employee's contract.

(e) Permanent status shall be earned and held as a ranked employee; it shall
not extend to an administrative or supervisory position. Upon release from an
administrative or supervisory position, an employee shall be entitled to reassignmentto the
same or a similar position in which permanent status was attained, at the classification
level and salary range which would have been eamed had the position been held
continuously.

15.11 Leave. Authorized leaves of absence may, under the provisions of Article 17,
Leaves, be credited toward the period of tenure-earning service.

15.12 Termination/Layoff. Tenure/permanent status guarantees annual reappointment
for
the academic year until voluntary resignation, retirement, removal for just cause in


Printed: May 2001









accordance with the provisions of Artide 16, DisciplinaryAction and Job Abandonment, or
layoff in accordance with the provisions of Article 13, Layoff and Recall, but does not
extend to administrative appointments.





ARTICLE 16
DISCIPLINARY ACTION AND JOB ABANDONMENT

16.1 Just Cause.
(a) The purpose of this article isto provide a prompt and equitable procedure for
disciplinary action taken with just cause. Just cause shall be defined as:
(1) incompetence, or
(2) misconduct.

(b) An employee's activities which fall outside the scope of employment shall
constitute misconduct only if such activities adversely affect the legitimate interests of the
university or Board.

16.2 Progressive Discipline. Both parties endorse the principle of progressive discipline
as applied to professionals.

16.3 Notice of Intent. When the President or representative has reason to believe that
a suspension or termination should be imposed, the President or representative shall
provide the employee with a written notice of the proposed action and the reasons therefore.
Such notice shall be sent certified mail, return receipt requested, or delivered in person
with written documentation of receipt obtained. The employee shall be given ten (10) days
in which to respond in writing to the President or representative before the proposed action
is taken. The President or representative then may issue a notice of disciplinary action
under Section 16.4. The employee has a right to union representation during investigatory
questioning that may reasonably be expected to result in disciplinary action. If the
President or representative does not issue a notice of disciplinary action, the notice of
proposed disciplinary action shall not be retained in the employee's evaluation file.

16.4 Notice of Discipline. All notices of disciplinary action shall include a statementof the
reasons therefore and a statement advising the employee that the action is subject to Article
20, Grievance Procedure. All such notices shall be sent certified mail, return receipt
requested, or delivered in person to the employee with written documentation of receipt
obtained.

16.5 Termination. A tenured or permanent status appointment or any appointment of
definite duration may be terminated during its term for just cause. An employee shall be
given written notice of termination at least six (6) months in advance of the effective date
of such termination, exceptthat in cases where the President or representative determines
that an employee's actions adversely affect the functioning of the university or jeopardize
the safety or welfare of the employee, colleagues, or students, the President or repre-
sentative may give less than six (6) months notice.

16.6 Disciplinary Action Other than Termination. The Board, acting through the
universities, retains its right to impose disciplinary action other than termination for just
cause including, but not limited to, suspension with or without pay. Counseling, including
recommendations for participation in an Employee Assistance Program, shall not be


Printed: May 2001









considered disciplinary action.


16.7 Job Abandonment
(a) If an employee is absent without authorized leave for twelve (12) or more
consecutive days under the provisions of Section 17.1, the employee shall be considered
to have abandoned the position and voluntarily resigned from the university.
(b) Notwithstanding paragraph (a), above, if the employee's absence is for
reasons beyond the control of the employee and the employee notifies the university as
soon as practicable, the employee will not be considered to have abandoned the position.

16.8 Employee Assistance Program. Neither the fact of an employee's participation in
an employee assistance program, nor information generated by participation in the
program, shall be used as a reason for discipline under this Article, except for information
relating to an employee's failure to participate in an employee assistance program
consistent with the terms to which the employee and the university have agreed.


ARTICLE 17
LEAVES

17.1 Requests for A Leave or Extension of Leave of One (1) Semester or More.
(a) For a leave of one (1) semester or more, an employee shall make a written
request not less than 120 days prior to the beginning of the proposed leave, if practicable.

(b) For an extension of a leave of one (1) semester or more, an employee shall
make a written request not less than sixty (60) days before the end of the leave, if
practicable.

(c) The university shall approve or deny such request in writing not later than
thirty (30) days after receipt of the request.

(d) An absence without approved leave or extension of leave shall subject the
employee to the provisions of Section 16.7.

(e) An employee's request for use of leave for an event covered by the
provisions of the Family and Medical Leave Act (FMLA) of 1993 (Public Law 103-3) shall
be submitted and responded to in accordance with the provisions of Section 17.6.

17.2 Return from Leave. An employee who returns from an approved leave of absence
with or without pay shall be returned to the same classification, unless the university and
the employee agree in writing to other terms and conditions. The return from FMLA leave
shall be in accordance with Section 17.6.

17.3 Accrual During Leave with Pay. An employee shall accrue normal leave credits
while on compensated leave in full-pay status, or while participating in the sabbatical or
professional development programs. If an employee is on compensated leave in lessthan
full-pay status for other than sabbaticals or professional development programs, the
employee shall accrue leave in proportion to the pay status.

17.4 Tenure/Permanent Status Credit During Periods of Leave. Semester(s) during
which an employee is on compensated or uncompensated leave shall not be creditable for
the purpose of determining eligibility for tenure or permanent status, except by mutual
agreement of the employee and the university. In deciding whether to credit such leave
toward tenure eligibility or permanent status, the Presidentor representative shall consider


Printed: May 2001









the duration of the leave, the relevance of the employee's activities while on such leave to
the employee's professional development and to the employee's field of employment, the
benefits, if any, which accrue to the university by virtue of placing the employee on such
leave, and other appropriate factors.

17.5 Holidays.
(a) An employee shall be entitled to observe all official holidays designated in
accordance with Section 110.117, Florida Statutes. No classes shall be scheduled on holi-
days. Classes not held because of a holiday shall not be rescheduled.

(b) Supervisors are encouraged not to require an employee to perform duties on
holidays; however, an employee required to perform duties on holidays shall have the
employee's schedule adjusted to provide equivalent time off, up to a maximum of eight (8)
hours for each holiday worked.

(c) If an employee who has performed duties on a holiday terminates
employment prior to being given time off, the employee shall be paid, upon termination, for
the holiday hours worked within the previous twelve (12) month period.

17.6 Family and Medical Leave Act (FMLA) Entitlements.
(a) The Family and Medical Leave Act of 1993 ("FMLA") is the common name
for the Federal law providing eligible employees an entitlement of up to four hundred and
eighty (480) hours of leave without pay for qualified family or medical reasons during a
one-year period. This Act entitles the employee to take leave without pay; where University
policies permit, employees may use accrued leave with pay during any qualifying familyor
medical leave. The failure to list, define, or specify any particular provision or portion of
the FMLA in this Agreement shall in no way constitute a waiver of any of the rights or
benefits conferred to the employer or the employee through the FMLA.

(b) Implementation of FMLA Leave Entitlements in the SUS.
(1) In the SUSan employee, whether salaried orpaid from Other Personal
Services (OPS), is entitled to four hundred and eighty (480) hours of FMLA leave within a
twelve (12) month period for any qualifying family or medical leave.
(2) Pursuant to Fla. Admin. Code R 6C-5.920(13), a salaried employee
is entitled to a parental leave for up to six (6) months in accordance with the provisions of
Section 17.7, for a birth or adoption of the employee's child. If an eligible employee elects
to take Parental Leave, up to four hundred and eighty (480) hours of such leave may be
counted against that employee's FMLA entitlement.

(c) Accounting for the Use of FMLA Leave in a Twelve-Month Period.
(1) In the SUS, the fiscal year (July 1 June 30) shall be the designated
twelve (12)-month period in which to count the use of up to four hundred and eighty (480)
hours of FMLA leave.
(2) An eligible employee's entitlement to leave for a birth or placementfor
adoption or foster care expires at the end of a twelve (12) month period beginning on the
date of the birth or placement of the child.

(d) Use and Approval of FMLA Leave.
(1) The university shall approve FMLA leave for an eligible employee as
long as the reasons for absence qualify under the FMLA and the employee has not
exhausted the employee's four hundred and eighty (480) hours within the appropriate 12-
month period for such leave. The employee may request FMLA leave as accrued leave,
leave without pay, or a combination of both.
(2) The university may require that the employee use accrued leave with


Printed: May 2001









pay prior to requesting leave without pay for four hundred and eighty (480) hours (12
workweeks) of FMLA leave. Requiring the use of paid leave shall be applied consistently
and may not be used merely to exhaust the employee's leave balance in order to prohibit
the use of paid leave while on leave without pay as provided for in Section 17.12(e).
(3) After the Presidentor representative has acquired knowledge that the
leave is being taken for an FMLA required reason, the President or representative shall
within two business days, absent extenuating circumstances, notify the employee of the
period of FMLA leave to be granted, including the date of return to employment.
If the notice is oral, it shall be confirmed in writing no later than the
following payday (unless the payday is less than one week after the oral notice, in which
case the notice must be no later than the subsequent payday).

(e) Medical Certification.
(1) The university may require an employee to provide medical
certification from a health care provider for FMLA leave without pay when taken for the
serious health condition of the employee or the employee's family member.
(2) Medical certification may be required to affirm the employee's ability
to return to work and perform one or more of the essential functions of the job within the
meaning of the Americans with Disabilities Act (ADA), after being absent on FMLA leave.

(f) Return to Position. Upon return from FMLA leave, the employee shall be
returned to the same or equivalent position in the same class and work location, including
the same shift or equivalent schedule, unless the university and the employee agree in
writing to other conditions and terms under which such leave is to be granted.

(g) Continuation of Benefits. The use of FMLA leave by eligible employees shall
neither enhance nor decrease any rights or benefits normally accrued to salaried
employees during a leave with pay or any rights or benefits normally accrued during a
leave without pay.

(h) If any provision of Section 17.6 (FMLA) is inconsistent with or in contravention
of the Family Medical Leave Act of 1993, Public Law 103-3, or the Family and Medical
Leave Act Regulations, 29 CFR Part 825, or any subsequently enacted legislation, then
such provision shall be superseded by the laws or regulations referenced above, except
to the extent that the collective bargaining agreement or any employee benefit program or
plan provides greater family or medical leave rights to an eligible employee.

17.7 Parental Leave.
(a) An employee shall be granted a parental leave not to exceed six (6) months
when the employee becomes a biological parent or a child is placed in the employee's
home pending adoption; foster care is not covered under parental leave but is provided
through the FMLA provisions in accordance with Section 17.6.

(b) If an employee plans to use a combination of accrued leave and leave
without pay, such request shall include the specific periods for each type of leave
requested. Use of accrued leave during an approved period of leave without pay shall be
in accordance with Sections 17.12.

(c) The period of parental leave shall begin no more than two (2) weeks before
the expected date of the child's arrival.
(1) The President or representative shall acknowledge to the employee
in writing the period of leave to be granted, that such leave counts against the employee's
unused FMLA entitlements in accordance with Section 17.6 of this Agreement, and the
date of return to employment.


Printed: May 2001









(2) At the end of the approved parental leave and at the employee's
request, the President or representative shall grant part-time leave without payfor a period
not to exceed one (1) year, unless the President or representative determines that granting
such leave would be inconsistent with the best interests of the university.
(3) Any illness caused or contributed to by pregnancy shall be treated as
a temporary disability and the employee shall be allowed to use accrued sick leave credits
when such temporary disability is certified by a health care provider.

(d) Upon agreement between the employee and the university, intermittent FMLA
leave or a reduced work schedule may be approved for the birth of the employee's child
or placement of a child with the employee for adoption in accordance with Section 17.6.

17.8 Leaves Due to Illness/Injury.
Illness/Injury is defined as any physical or mental impairment of health, including such an
impairment proximately resulting from pregnancy, which does not allow an employee to
fully and properly perform the duties of the employee's position. When an employee's
illness/injury may be covered by the Americans with Disabilities Act, the provisions of
Public Law 101-336 shall apply.
(a) Sick Leave.
(1) Accrual of Sick Leave.
a. A full-time employee shall accrue four (4) hours of sick leave
for each biweekly pay period, or the number of hours that are directly proportionate to the
number of days worked during less than a full-pay period, without limitation as to the total
number of hours that may be accrued.
b. A part-time employee shall accrue sick leave at a rate directly
proportionate to the percent of time employed.
c. An employee appointed under Other Personal Services (OPS)
shall not accrue sick leave.
(2) Uses of Sick Leave.
a. Sick leave shall be accrued before being taken, provided that
an employee who participates in a sick leave pool shall not be prohibited from using sick
leave otherwise available to the employee through the sick leave pool.
b. Sick leave shall be authorized for the following:
1. The employee's personal illness or exposure to a
contagious disease which would endanger others.
2. The employee's personal appointments with a health
care provider.
3. The illness or injury of a member of the employee's
immediate family, at the discretion of the supervisor. Approval of requests for use of
reasonable amounts of sick leave for caring for a member of the employee's immediate
family shall not be unreasonably withheld. "Immediate family" means the spouse and the
grandparents, parents, brothers, sisters, children, and grandchildren of both the employee
and the spouse, and dependents living in the household.
4. The death of a member of the employee's immediate
family, at the discretion of the supervisor. Approval of requests for use of reasonable
amounts of sick leave for the death of a member of the employee's immediate family shall
not be unreasonably withheld.
c. A continuous period of sick leave commences with the first day
of absence and includes all subsequent days until the employee returns to work. For this
purpose, Saturdays, Sundays, and official holidays observed by the State shall not be
counted unless the employee is scheduled to perform services on such days. During any
seven (7) day period, the maximum number of days of sick leave charged against any
employee shall be five (5).
d. An employee who requires the use of sick leave should notify


Printed: May 2001









the supervisor as soon as practicable.
e. An employee who becomes eligible for the use of sick leave
while on approved annual leave shall, upon notifying the supervisor, substitute the use of
accrued sick leave to cover such circumstances.
(3) Certification. If an employee's request for absence or absence
exceeds four (4) consecutive days, or if a pattern of absence is documented, the university
may require an employee to furnish certification issued by an attending health care
provider of the medical reasons necessitating the absence and/or the employee's ability
to return to work. If the medical certification furnished by the employee is not acceptable,
the employee may be required to submit to a medical examination by a health care
provider who is not a university staff member which shall be paid for by the university. If
the medical certification indicates that the employee is unable to perform assigned duties,
the President or representative may place the employee on compulsory leave under the
conditions set forth in Section 17.8(c).
(4) Transfer of Credits.
a. When an employee moves from one (1) State University
System university to another or upon re-employment within 100 days, the full balance of
accrued sick leave shall accompany the employee unless the employee has received a
lump sum payment for accrued sick leave. If an employee has received such a lump sum
payment, the employee may elect in writing, upon re-employment, to restore the
employee's accrued sick leave. Such restoration will be effective upon repayment of the
full lump sum leave payment.
b. When an employee moves from a position in State
government outside the SUS to a leave-accruing position within the SUS, all unused sick
leave accrued in the State classification and pay plan in which previously employed and
for which payment has not been received may accompany the employee; however, no
more than thirty-one (31) days may elapse between jobs.
c. When an employee moves to a position in State government,
the transfer of unused sick leave shall be governed by the rules of the plan to which the
employee is transferring.
d. The transfer of unused sick leave from a local government to
an SUS position is not permitted unless a reciprocal agreement in writing between the
Board or its representative and the previous employing entity is in effect.
(5) Payment for Unused Sick Leave.
a. An employee with less than ten (10) years of State service who
separates from State government shall not be paid for any unused sick leave.
b. An employee who has completed ten (10) or more years of
State service, has not been found guilty or has not admitted to being guilty of committing,
aiding, or abetting any embezzlement, theft, or bribery in connection with State
government, or has not been found guilty by a court of competent jurisdiction of having
violated any State law against or prohibiting strikes by public employees, and separates
from State government because of retirement for other than disability reasons, termination,
or death, shall be compensated at the employee's current regular hourly rate of pay for
one-eighth of all unused sick leave accrued prior to October 1, 1973, plus one-fourth of all
unused sick leave accrued on or after October 1, 1973; provided that one-fourth of the
unused sick leave since 1973 does not exceed 480 hours.
c. Upon layoff, an employee with ten (10) or more years of State
service shall be paid for unused sickleave as described in paragraph b., above, unless the
employee requests in writing that unused sick leave be retained pending re-employment.
For an employee who is re-employed by the university within twelve (12) calendar months
following layoff, all unused sick leave shall be restored to the employee, provided the
employee requests such action in writing and repays the full amount of any lump sum leave
payments received at the time of layoff. An employee who is not re-employed within twelve
(12) calendar months following layoff shall be paid for sick leave in accordance with


Printed: May 2001









Section 110.122, Florida Statutes.
d. All payments for unused sick leave authorized by Section
110.122, Florida Statutes, shall be made in lump sum and shall not be used in determining
the average final compensation of an employee in any State administered retirement
system. An employee shall not be carried on the payroll beyond the last official day of
employment, except that an employee who is unable to perform duties because of a
disability may be continued on the payroll until all sick leave is exhausted.
e. If an employee has received a lump sum payment for accrued
sick leave, the employee may elect in writing, upon re-employment within 100 days, to
restore the employee's accrued sick leave. Restoration will be effective upon the
repayment of the full lump sum leave payment.
f. In the event of the death of an employee, paymentfor unused
sick leave at the time of death shall be made to the employee's beneficiary, estate, or as
provided by law.

(b) Job-Related Illness/injury.
(1) An employee who sustains a job-related illness/injury that is
compensable under the Workers' Compensation Law shall be carried in full-pay status for
a period of medically certified illness/injury not to exceed seven (7) days immediately
following the illness/injury, or for a maximum of forty (40) work hours if taken intermittently
without being required to use accrued sick or annual leave.
(2) If, as a result of the job-related illness/injury, the employee is unable
to resume work at the end of the period provided in paragraph (1), above:
a. The employee may elect to use accrued leave in an amount
necessary to receive salary payment that will increase the Workers' Compensation
payments to the total salary being received priorto the occurrence of the illness/injury. In
no case shall the employee's salary and Workers' Compensation benefits exceed the
amount of the employee's regular salary payments; or
b. The employee shall be placed on leave without pay and shall
receive normal Workers' Compensation benefits if the employee hasexhausted all accrued
leave in accordance with paragraph (a.), above, orthe employee elects not to use accrued
leave.
(3) This period of leave with or without pay shall be in accordance with
Chapter 440 (Worker's Compensation), Florida Statutes.
(4) If, at the end of the leave period, the employee is unable to return to
work and perform assigned duties, the President or representative should advise the
employee, as appropriate, of the Florida Retirement System's disability provisions and
application process, and may, based upon a current medical certification by a health care
provider prescribed in accordance with Chapter 440 (Worker's Compensation), Florida
Statutes, and taking the university's needs into account:
a. offer the employee part-time employment;
b. place the employee in leave without pay status or extend such
status;
c. request the employee's resignation; or
d. release the employee from employment, notwithstanding any
other provisions of this Agreement.

(c) Compulsory Leave.
(1) Placing Employee on Compulsory Leave.
a. If an employee is unable to perform assigned duties due to
illness/injury the President or representative may require the employee to submit to a
medical examination, the results of which shall be released to the university, by a health
care provider chosen and paid by the university, or by a health care provider chosen and
paid by the employee, who is acceptable to the President or representative. Such health


Printed: May 2001









care provider shall submit the appropriate medical certification(s) to the university.
b. If the university agrees to accept the employee's choice of a
health care provider the university may not then require another university-paid
examination.
c. If the medical examination confirms that the employee is unable
to perform assigned duties, the President or representative shall place the employee on
compulsory leave.
(2) Conditions of Compulsory Leave.
a. Written notification to the employee placing the employee on
compulsory leave shall include the duration of the compulsory leave period and the
conditions under which the employee may return to work. These conditions may include
the requirement of the successful completion of, or participation in, a program of
rehabilitation or treatment, and follow-up medical certification(s) by the health care
provider, as appropriate.
b. The compulsory leave period may be leave with pay or leave
without pay. If the compulsory leave combines the use of accrued leave with leave without
pay, the use of such leave shall be in accordance with Section 17.12.
c. If the employee fulfills the terms and conditions of the
compulsory leave and receives a current medical certification that the employee is able to
perform assigned duties, the President or representative shall return the employee to the
employee's previous duties, if possible, or to equivalent duties.
(3) Duration. Compulsory leave, with or without pay, shall be for a period
not to exceed the duration of the illness/injury or one year, whichever is less.
(4) Failure to Complete Conditions of Compulsory Leave or Inability to
Return to Work. If the employee fails to fulfill the terms and conditions of a compulsory
leave and/or is unable to return to work and perform assigned duties at the end of a leave
period, the President or representative should advise the employee, as appropriate, of the
Florida Retirement System's disability provisions and application process, and may, based
upon the University's needs:
a. offer the employee part-time employment;
b. place the employee in leave without pay status in accordance
with Section 17.12 or extend such status;
c. request the employee's resignation; or
d. release the employee from employment, notwithstanding any
other provisions of this Agreement.

17.9 Annual Leave
(a) Accrual of Annual Leave.
(1) Full-time employees appointed for more than nine (9) months, except
employees on academic year appointments and Developmental Research School
employees, shall accrue annual leave at the rate of 6.769 hours biweekly or 14.667 hours
per month (or a number of hours that is directly proportionate to the number of days
worked during less than a full-pay period for full-time employees), and the hours accrued
shall be credited at the conclusion of each pay period or, upon termination, atthe effective
date of termination. Employees may accrue annual leave in excess of the year end
maximum during a calendar year. Employees with accrued annual leave in excess of the
year end maximum as of December 31, shall have any excess converted to post October
1, 1973 sick leave on an hour-for-hour basis on January 1 of each year.
(2) Part-timeemployees appointed for more than nine (9) months, except
employees on academic year appointments and Developmental Research School
employees, shall accrue annual leave at a rate directly proportionate to the percent of time
employed.
(3) Academic year employees, Developmental Research School
employees, employees appointed for less than nine (9) months, and OPS employees shall


Printed: May 2001









not accrue annual leave.


(b) Use and Transfer of Annual Leave.
(1) Annual leave shall be accrued before being taken, except in those
instances where the President or representative may authorize the advancing of annual
leave. When leave has been advanced and employment is terminated prior to the
employee accruing sufficient annual leave to credit against the leave that was advanced,
the State shall deduct from the employee's warrant the cost of any annual leave advanced
under this provision. All requests for annual leave shall be submitted by the employee to
the supervisor as far in advance as possible and appropriate. Approval of the dates on
which an employee wishes to take an nual leave shall be at the discretion of the supervisor
and shall be subject to the consideration of departmental/unit and organizational
scheduling.
(2) Upon transfer of an annual leave accruing employee from one
institution to another within the State University System or upon re-employment within 100
days, exceptfor re-employment after layoff (see (c)(3), below), the employee may choose
to:
a. transfer up to forty-four (44) days of unused annual leave; or
b. receive a lump sum payment for all or a portion of unused
annual leave, up to thirty-one (31) days, and transfer any remaining balance. Such leave
payment shall not constitute a break-in-service.
(3) An employee may transfer into an annual leave accruing position up
to forty-four (44) days of unused leave accrued in the State classification and pay plan in
which previously employed, provided the employee has not received payment for such
leave and no more than thirty-one (31) days have elapsed between jobs.
(4) When an annual leave accruing employee moves to a position in State
government, the transfer of leave shall be governed by the rules of the plan to which the
employee is transferring. Should all unused leave not be transferable, up to forty-four days
(352 hours) of the remaining balance shall be paid in lump sum, effective the last day of
SUS employment, without affecting other leave benefits.
(5) The transfer of unused annual leave from a local government to an
annual leave accruing position is not permitted unless a reciprocal agreement in writing
between the Board or its representative and the previous employing entity is in effect.

(c) Payment for Unused Annual Leave.
(1) Upon termination from an annual leave accruing contract, ortransfer
from an annual leave accruing contract to an academic year or Developmental Research
School contract, and unless the employee requests the option in (2) below, the university
shall pay the employee for up to forty-four days (352 hours) of unused annual leave atthe
calendar year rate the employee was accruing as of the employee's last day of work,
provided that a determination has been made by the President or representative that the
employee was unable to reduce the unused annual leave balance prior to termination or
reassignment to an academic year or Developmental Research School contract. All
unused annual leave in excess of forty-four days (352 hours) shall be forfeited by the
employee.
(2) Upon transferfrom an annual leave accruing contract toan academic
year or Developmental Research School contract within the SUS, the employee may elect
to retain all unused annual leave until such time, not to exceed two (2) years, as the
employee transfers back to an annual leave accruing contract or terminates employment
with the SUS. Upon such termination or at the end of two (2) years, whichever comes first,
the unused leave balance shall be paid in lump sum for up to forty-four days (352 hours)
at the annual rate the employee was accruing as of the employee's last day of work on an
annual leave accruing contract.
(3) Upon layoff, an employee shall be paid for up to forty-four days (352


Printed: May 2001









hours) of unused annual leave in lump sum, unless the employee requests in writing that
annual leave credits be retained pending re-employment. For employees who are
re-employed by the university within twelve (12) calendar months following layoff, all
unused annual leave shall be restored to the employee, provided the employee requests
such action in writing and repays the full amount of any lump sum leave payment received
at the time of layoff. Employees who are not re-employed within twelve (12) calendar
months following layoff and who elected to retain their annual leave pending
re-employment shall be paid for up to forty-four days (352 hours) of unused annual leave
at the calendar rate the employee was accruing as of the employee's last day of work.
(4) If an employee has received a lump sum paymentfor accrued annual
leave, the employee may elect in writing, upon re-employment within 100 days, to restore
the employee's accrued annual leave. Restoration will be effective upon the repayment
of the full lump sum leave payment.
(5) In the event of the death of an employee, payment for all unused
annual leave at the time of death, up to 352 hours, shall be made to the employee's
beneficiary, estate, or as provided by law.

17.10 Administrative Leaves.
(a) Jury Duty and Court Appearances.
(1) An employee who is summoned as a member of a jury panel or
subpoenaed as a witness in a matter not involving the employee's personal interests, shall
be granted leave with pay and any jury or witness fees shall be retained by the employee;
leave granted hereunder shall not affect an employee's annual or sick leave balance.
(2) An appearance as an expert witness for which an employee receives
professional compensation falls under Artide 19 and the universities' policies and rules
relative to outside employment/conflict of interest. Such an appearance may necessitate
the employee requesting annual leave or, if a non-annual leave accruing employee, may
necessitate the employee seeking an adjustment of the work schedule.
(3) If an employee is required, as a direct result of the employee's
employment, to appear as an official witness to testify in the course of any action as
defined in Section 92.142(2), Florida Statutes, such duty shall be considered a part of the
employee's job assignment, and the employee shall be paid perdiem and travel expenses
and shall turn over to the university any fees received.
(4) An employee involved in personal litigation during work hours must
request annual leave or, if a non-annual leave accruing employee, must seek an
adjustment to the work schedule.

(b) Military Leave.
(1) Short-term Military Training. An employee who is a member of the
United States Armed Forces Reserve, including the National Guard, upon presentation of
a copy of the employee's official orders or appropriate military certification, shall be granted
leave with pay during periods in which the employee is engaged in annual field training or
other active or inactive duty for training exercises. Such leave with pay shall not exceed
seventeen (17) work days in any one (1) federal fiscal year (October 1 September 30).
(2) National Guard State Service. An employee who is a member of the
Florida National Guard shall be granted leave with pay on all days when ordered to active
service by the State. Such leave with pay shall not exceed thirty (30) days at any one time.
(3) Other Military Leave.
a. An employee, except an employee who is employed in a
temporary position or employed on a temporary basis, who is drafted, who volunteers for
active military service, or who is ordered to active duty (not active duty training) shall be
granted leave in accordance with Chapter 43 of Title 38, United States Code. Active
military service includes active duty with any branch of the United States Army, Air Force,
Navy, Marine Corps, Coast Guard, National Guard of the State of Florida, or other service


Printed: May 2001









as provided in Sections 115.08 and 115.09, Florida Statutes.
b. Such leave of absence shall be verified by official orders or
appropriate military certification. The first thirty (30) days of such leave shall be with full-
pay and shall not affect an employee's annual or sick leave balance. The remainder of
military leave shall be without pay unless the employee elects to use accumulated annual
leave or appropriate leave as provided in (4) below, or the employer exercises its option
under Section 115.14, Florida Statutes, to supplement the employee's military pay. Leave
payment for the first thirty (30) days shall be made only upon receipt of evidence from
appropriate military authority that thirty (30) days of military service have been completed.
c. Applicable provisions of Federal and State law shall govern the
granting of military leave and the employee's re-employment rights.
d. Use of accrued leave is authorized during a military leave
without pay in accordance with Section 17.12.

(c) Leave Pending Investigation. When the President or representative has
reason to believe that the employee's presence on the job will adversely affect the
operation of the university, the President or representative may immediately place the
employee on leave pending investigation of the events) leading to that belief. The leave
pending investigation shall commence immediately upon the President or representative
providing the employee with a written notice of the reasons therefore. The leave shall be
with pay, with no reduction of accrued leave.

(d) Other Leaves Provided NotAffecting Accrued Leave Balances. An employee
may be granted other leaves not affecting accrued leave balances which are provided as
follows:
(1) Florida Disaster Volunteer Leave is provided by Section 110.120,
Florida Statutes, for an employee who is a certified disaster service volunteer of the
American Red Cross. Leave of absence with pay for not more than fifteen (15) working
days in the fiscal year may be provided upon request of the American Red Cross and the
employee's supervisor's approval. Leave granted under this act shall be only for services
related to a disaster occurring within the boundaries of the State of Florida.
(2) Civil disorder or disaster leave is provided for an employee who is
member of a volunteer fire department, police auxiliary or reserve, civil defense unit, or
other law enforcement type organization to perform duties in time of civil disturbances,
riots, and natural disasters, including an employee who is a member of the Civil Air Patrol
or Coast Guard Auxiliary, and called upon to assist in emergency search and rescue
missions. Such paid leave not affecting leave balances may be granted upon approval by
the President or designee and shall not exceed two days on any one occasion.
(3) Athletic competition leave is provided by Section 110.118, Florida
Statutes, for an employee who is a group leader, coach, official, or athlete who is a
member of the official delegation of the United States team for athletic competition. Such
paid leave not affecting leave balances shall be granted for the purpose of preparing for
and engaging in the competition forthe period of the official training camp and competition,
not to exceed 30 days in a calendar year.
(4) Leave for re-examination or treatment with respect to service-
connected disability is provided by Section 110.119, Florida Statues, for an employee who
has such rating by the United State Department of Veterans Affairs and has been
scheduled to be reexamined or treated for the disability. Upon presentation of written
confirmation of having been so scheduled, such leave not affecting the employee's leave
balances shall be approved and shall not exceed six (6) calendar days in any calendar
year.

(e) Official Emergency Closings. The President or President's representative
may close the university, or portions of the university, in the event an Executive Order


Printed: May 2001









declaring an emergency has been issued. When natural disasters or other sudden and
unplanned emergency conditions occur which are not covered by an Executive Order, the
President or representative shall determine whether the university, or any portion thereof,
is affected by the emergency and is to be closed. Such closings will be onlyfor the period
it takes to restore normal working conditions. A closing beyond two (2) consecutive days
shall require the approval of the Chancellor. Leave resulting from such an emergency
closing shall not reduce employees' leave balances.

17.11 DRS Personal Leave Days. A Developmental Research School employee may be
granted five (5) days (noncumulative) of leave per year for emergencies or for other
personal reasons. One day shall be administrative leave and four days shall be taken from
sick leave. Except in the case of emergency, the employee shall provide at least two days
notice of the intended leave. Such leave shall not be used on the day immediately
preceding or following a holiday. Employees shall not be required to give reasons for
personal leave, except that the leave is for personal reasons.

17.12 Leave Without Pay.
(a) Granting. Upon request of an employee, the President or representative shall
grant a leave without pay for a period not to exceed one year unless the President or
representative determines that granting such leave would be inconsistent with the best
interests of the university. Such leave may be extended upon mutual agreement.

(b) Salary Adjustment. The salary of an employee returning from
uncompensated leave shall be adjusted to reflect all non-discretionary increases distributed
during the period of leave. While on such leave, an employee shall be eligible to
participate in any special salary incentive programs such as the Teaching Incentive
Program.

(c) Retirement Credit. Retirement credit for such periods of leave without pay
shall be governed by the rules and regulations of the Division of Retirement and the
provisions of Chapter 121, Florida Statutes.

(d) Accrual of Leave/Holiday Pay. While on leave without pay, the employee
shall retain accumulated sick leave and annual leave, but shall not accrue sick leave or
annual leave nor be entitled to holiday pay.

(e) Use of Accrued Leave During an Approved Period of Leave Without Pay.
(1) Use of accrued leave with pay is authorized during a leave of absence
without pay for parental, foster care, medical, or military reasons. Such use of leave with
pay is provided under the following conditions:
a. Notwithstanding the provisions of Section 17.8(a)(2) regarding
the use of sick leave, an employee may use any type of accrued leave in an amount
necessary to cover the employee's contribution to the State insurance program and other
expenses incurred by the employee during an approved period of leave without pay for
parental, foster care, medical, or military reasons.
b. Normally the use of accrued leave during a period of leave
without pay for medical reasons shall be approved for up to six (6) months, but may be
approved for up to one year for the serious health condition of the employee or a member
of the employee's immediate family.
c. The employer contribution to the State insurance program will
continue for the corresponding payroll periods.
(2) An employee's request for the use of accrued leave during a period
of leave without pay shall be made at the time of the employee's request for the leave
without pay. Such request shall include the amount of accrued leave the employee wishes


Printed: May 2001









to use during the approved period of leave without pay. If circumstances arise during the
approved leave which cause the employee to reconsider the combination of leave with and
without pay, the employee may request approval of revisions to the original approval.


ARTICLE 18
INVENTIONS AND WORKS

18.1 University Authority and Responsibilities. Section 240.229, Florida Statutes,
authorizes each university to establish rules and procedures regarding patents, copyrights,
and trademarks. Such rules and procedures shall be consistent with the terms of this
Article.

18.2 Definitions. The following definitions shall apply in Article 18:
(a) A "work" includes any copyrightable material, such as printed material,
computer software or databases, audio and visual material, circuit diagrams, architectural
and engineering drawings, lectures, musical or dramatic compositions, choreographic
works, pictorial or graphic works, and sculptural works. Instructional technology material,
as defined in Section 9.9(a), is included in this definition.

(b) An "invention" includes any discovery, invention, process, composition of
matter, article of manufacture, know-how, design, model, technological development,
strain, variety, culture of any organism, or portion, modification, translation, or extension
of these items, and any mark used in connection with these items. Instructional technology
material, as defined in Section 9.9(a), is included in this definition.

(c) "Instructional technology material" is defined in Section 9.9(a).

(d) "University support" includes the use of universityfunds, personnel, facilities,
equipment, materials, ortechnological information, and includes such support provided by
other public or private organizations when it is arranged, administered, or controlled by a
university.

18.3 Works.
(a) Independent Efforts. Awork made in the courseof independent efforts is the
property of the employee, who has the right to determine the disposition of such work and
the revenue derived from such work. As used in this Section, the term "independent
efforts" means that:
(1) the ideas came from the employee;
(2) the work was not made with the use of university support; and
(3) the university is not held responsible for any opinions expressed in the
work.

(b) University-Supported Efforts.
(1) If the work was not made in the course of independent efforts, the
work is the property of the university and the employee shall share in the proceeds
therefrom.
(2) Exceptions. The university shall not assert rights to the following
works:
a. Those works for which the intended purpose is to disseminate
the results of academic research or scholarly study, such as books, articles, electronic
media; and
b. Works developed without the use of appreciable university
support and used solely for the purpose of assisting or enhancing the employee's


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instructional assignment.


(c) Disclosure.
(1) Upon the creation of a work and prior to any publication, the employee
shall disclose to the President or representative any work made in the course of university-
supported efforts, together with an outline of the project and the conditions under which it
was done. Consistent with the provisions of Section 18.3(b)(2)a., above, employees need
not disclose regarding books, articles, and similar works, the intended purpose of which
is to disseminate the results of academic research or scholarly work.
(2) The President or representative shall assess the relative equities of
the employee and the university in the work.
(3) Within sixty (60) days after such disclosure, the President or
representative will inform the employee whether the university seeks an interest in the
work, and a written agreement shall thereafter be negotiated to reflect the interests of both
parties, including provisions relating to the equities of the employee and the allocation of
proceeds resulting from such work. Creation, use, and revision of such works shall also
be the subject of the written agreement between the employee and the university as well
as provisions relating to the use or revision of such works by persons other than the
creator. The employee shall assist the university in obtaining releases from persons
appearing in, or giving financial or creative support to, the development or use of these
works in which the university has an interest. All such agreements shall comport with and
satisfy any preexisting commitments to outside sponsoring contractors.
(4) The employee and the university shall not commit any act which would
tend to defeat the university's or employee's interest in the work and shall take any
necessary steps to protect such interests.

18.4 Inventions.
(a) Disclosure/University Review.
(1) An employee shall fully and completely disclose to the President or
representative all inventions which the employee develops or discovers while an employee
of the State University System, together with an outline of the project and the conditions
under which it was done. With respect to inventions made during the course of approved
outside employment, the employee may delay such disclosure, when necessary to protect
the outside employer's interests, until the decision has been made by the outside employer
whether to seek a patent.
(2) If the university wishes to assert its interest in the invention, the
President or representative shall inform the employee within 120 days of the employee's
disclosure to the President or representative.
(3) The President or representative shall conduct an investigation which
shall assess the respective equities of the employee and the university in the invention,
and determine its importance and the extent to which the university should be involved in
its protection, development, and promotion.
(4) The President or representative shall inform the employee of the
university's decision regarding the university's interest in the invention within a reasonable
time, not to exceed 135 days from the date of the disclosure to the President or
representative.
(5) The division, between the university and the employee, of proceeds
generated by the licensing orassignment of an invention shall be negotiated and reflected
in a written contract between the university and the employee. All such agreements shall
comport with and satisfy any preexisting commitments to outside sponsoring contractors.
(6) The employee shall not commit any act which would tend to defeat the
university's interest in the matter, and the university shall take any necessary steps to
protect such interest.


Printed: May 2001









(b) Independent Efforts. All inventions made outside the field or discipline in
which the employee is employed by the university and for which no university support has
been used are the property of the employee, who has the right to determine the
disposition of such work and revenue derived from such work. The employee and the
President or representative may agree that the patent for such invention be pursued by the
university and the proceeds shared.

(c) University-Supported Efforts. An invention which is made in the field or
discipline in which the employee is employed by the university, or by using university
support, is the property of the university and the employee shall share in the proceeds
therefrom.

(d) Release of Rights.
(1) In the event a sponsored research contractor has been offered the
option to apply for the patent to an invention or other rights in an invention, the university
will use its good offices in an effort to obtain the contractor's decision regarding the
exercise of such rights within 120 days.
(2) At any stage of making the patent applications, or in the commercial
application of an invention, if it has not otherwise assigned to a third party the right to
pursue its interests, the President or representative may elect to withdraw from further
involvement in the protection or commercial application of the invention. At the request of
the employee in such case, the university shall transfer the invention rights to the
employee, in which case the invention shall be the employee's property and none of the
costs incurred by the university or on its behalf shall be assessed against the employee.
(3) All assignments or releases of inventions, including patent rights, by
the President or representative to the employee shall contain the provision that such
invention, if patented by the employee, shall be available royalty-free for governmental
purposes of the State of Florida, unless otherwise agreed in writing by the university.

(e) University Policy.
(1) Each university shall have a policy addressing the division of proceeds
between the employee and the university.
(2) Such policy may be the subject of consultation meetings pursuant to
Section 2.2.

(f) Execution of Documents. The university and the employee shall sign an
agreement individually recognizing the terms of this Article.

18.5 Outside Activity.
(a) Although an employee may, in accordance with Article 19, Conflict of
Interest/Outside Activity, engage in outside activity, including employment, pursuant to a
consulting agreement, requirements that an employee waive the employee's or university's
rights to any work or inventions which arise during the course of such outside activity must
be approved by the President or representative.

(b) An employee who proposes to engage in such outside activity shall furnish
a copy of this Article and the university's patents policy to the outside employer prior to or
at the time a consulting or other agreement is signed, or if there is no written agreement,
before the employment begins.


ARTICLE 19
CONFLICT OF INTEREST/OUTSIDE ACTIVITY


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19.1 Policy.
(a) An employee is bound to observe, in all official acts, the highest standards
of ethics consistent with the code of ethics of the State of Florida (Chapter 112, Part III,
Florida Statutes), the advisory opinions rendered with respect thereto, Board rules, and
university rules. Other provisions of State law govern obligations and responsibilities of
employees who receive State compensation in addition to their annual salary (see
Section 240.283, Florida Statutes).

(b) Nothing in this Article is intended to discourage an employee from engaging
in outside activity in order to increase the employee's professional reputation, service to
the community, or income, subject to the conditions stated herein.

19.2 Definitions.
(a) "Outside Activity" shall mean any private practice, private consulting,
additional teaching or research, or other activity, compensated or uncompensated, which
is not part of the employee's assigned duties and for which the university has provided no
compensation.

(b) "Conflict of Interest" shall mean
(1) any conflict between the private interests of the employee and the
public interests of the university, the Board of Regents, or the State of Florida, including
conflicts of interest specified under Florida Statutes; or
(2) any activity which interferes with the full performance of the
employee's professional or institutional responsibilities or obligations.

19.3 Conflicts of Interest Prohibited. Conflicts of interest, including those arising from
university or outside activities, are prohibited. Employees are responsible for resolving
such conflicts of interest, working in conjunction with their supervisors and other university
officials.

19.4 Report of Outside Activity.
(a) An employee who proposes to engage in any outside activity which the
employee should reasonably conclude may create a conflict of interest, or in any outside
compensated professional activity, shall report to the employee's supervisor, in writing, the
details of such proposed activity prior to engaging therein.

(b) The report, as described in paragraph 19.4(a) shall include where applicable,
the name of the employer or other recipient of services; the funding source; the location
where such activity shall be performed; the nature and extent of the activity; and any
intended use of university facilities, equipment, or services.

(c) A new report shall be submitted for outside activity previously reported at:
(1) the beginning of each academic year for outside activity of a
continuing nature; and
(2) such time as there is a significant change in an activity (nature, extent,
funding, etc.)

(d) The reporting provisions of this section shall not apply to activities performed
wholly during a period in which the employee has no appointment with the State University
System.

(e) Any outside activity which falls under the provisions of this Article and in
which the employee is currently engaged but has not previously reported, shall be reported
within sixty (60) days of the execution of this Agreement and shall conform to the


Printed: May 2001









provisions of this Article.


19.5 Expedited Grievance Procedure.
(a) In the event the proposed outside activity is determined to constitute a
conflict of interest, and the employee disagrees with that determination, the employee
may file a grievance under the expedited grievance procedure contained in Article 20,
Section 20.15.

(b) The employee may engage in such outside activity pending a resolution of
the matter pursuant to Section 19.5(a).

(c) If the resolution of the matter is that there is a conflict of interest, the
employee shall cease such activity immediately and may be required to turn over to the
university all or part of compensation earned therefrom.

19.6 Use of University Resources. An employee engaging in any outside activity shall
not use the facilities, equipment, or services of the university in connection with such
outside activity without prior approval of the President or representative. Approval for the
use of university facilities, equipment, or services may be conditioned upon reimbursement
for the use thereof.

19.7 No University Affiliation. An employee engaging in outside activity shall take
reasonable precautions to ensure that the outside employer or other recipient of services
understands that the employee is engaging in such outside activity as a private citizen and
not as an employee, agent, or spokesperson of the university.


ARTICLE 20
GRIEVANCE PROCEDURE AND ARBITRATION

20.1 Policy/Informal Resolution. The parties agree that all problems should be resolved,
whenever possible, before the filing of a grievance but within the time limits for filing
grievances stated elsewhere in this Article, and encourage open communications between
administrators and employees so that resort to the formal grievance procedure will not
normally be necessary. The parties further encouragethe informal resolution of grievances
whenever possible. At each step in the grievance process, participants are encouraged
to pursue appropriate modes of conflict resolution. The purpose of this Article is to
promote a prompt and efficient procedure for the investigation and resolution of
grievances. The procedures hereinafter set forth shall be the sole and exclusive method
for resolving the grievances of employees as defined herein.

20.2 Resort to Other Procedures. It is the intent of the parties to first provide a
reasonable opportunity for resolution of a dispute through the grievance procedure and
arbitration process. Except as noted below, if prior to seeking resolution of a dispute by
filing a grievance hereunder, orwhile the grievance proceeding is in progress, an employee
requests, in writing, resolution of the matter in any other forum, whether administrative or
judicial, the Board or universities shall have no obligation to entertain or proceed further
with the matter pursuant to this grievance procedure. As an exception to this provision, a
grievant may file an EEOC charge while the grievance is in progress when such filing
becomes necessary to meet federal filing deadlines pursuant to 42 U.S.C. 2000e et seq.
Further, since the parties do not intend that this grievance procedure be a device for
appellate review, the President's response to a recommendation of a hearing officer or
other individual or group having appropriate jurisdiction in any other procedure shall not be
an act or omission giving rise to a grievance under this procedure.


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20.3 Definitions and Forms. As used herein:
(a) The term "grievance" shall mean a dispute filed on a form referenced in
Section 20.3(c) concerning the interpretation or application of a specific term or provision
of this Agreement, subject to those exclusions appearing in other Articles of this
Agreement.

(b) The term "grievant" shall mean an employee or group of employees who
has/have filed a grievance in a dispute over a provision of this Agreement which confers
rights upon the employeess. The UFF may file a grievance in a dispute over a provision
of this Agreement which confers rights upon the UFF. A grievance filed by a Chapter of
the UFF which alleges a violation of its rights by a university shall be initiated at Step 1.
A grievance filed by the UFF which alleges a violation of its rights by the Board or two (2)
or more universities shall be initiated at Step 2. The parties may agree to consolidate
grievances of a similar nature to expedite the review process. In a consolidated grievance,
one Appendix "C," "D," or "E" may be attached, bearing the signatures of the grievants. A
grievance which involves grievants at two or more universities may be initiated by the UFF
at Step 2.

(c) Grievance Forms. Each grievance, request for review, and notice of
arbitration must be submitted in writing on the appropriate form attached to this Agreement
as Appendix "C", "D", or "E", respectively, and shall be signed by the grievant. All
grievance forms shall be dated when the grievance is received. If there is difficulty in
meeting any time limit, the UFF representative may sign such documents for the grievant;
however, grievant's signature shall be provided prior to the Step 1 meeting or Step 2 review
if filed directly at Step 2. The aforementioned grievance forms, as well as Appendix "H",
may be filed by means of fax, United States mail, or any other recognized means of
delivery.

20.4 Burden of Proof. In all grievances except disciplinary grievances in accordance with
Article 16, DisciplinaryAction and Job Abandonment, the burden of proof shall be on the
employee. In disciplinary grievances, the burden of proof shall be on the university or the
Board.

20.5 Representation. The UFF shall have the exclusive right to represent any employee
in a grievance filed hereunder, unless an employee elects self-representation or to be
represented by legal counsel. If an employee elects not to be represented by the UFF, the
Board or the universities shall promptly inform the UFF in writing of the grievance. No
resolution of any individually processed grievance shall be inconsistent with the terms of
this Agreement and for this purpose the UFF shall have the right to have an observer
present at all meetings called for the purpose of discussing such grievance and shall be
sent copies of all decisions at the same time as they are sent to the other parties.

20.6 Grievance Representatives. The UFF shall annually furnish to the Board and to the
university a list of all persons authorized to act as grievance representatives and shall
update the list as needed. The UFF grievance representative shall have the responsibility
to meet all classes, office hours, and other duties and responsibilities incidental to the
assigned workload. Some of these activities are scheduled to be performed at particular
times. Such representative shall have the right during times outside of those hours
scheduled for these activities to investigate, consult, and prepare grievance presentations
and attend grievance hearings and meetings. Should any hearings or meetings with the
President, Board, or their representatives necessitate rescheduling of assigned duties, the
representative may, with the approval of the appropriate administrator, arrange for the
rescheduling of such duties or their coverage by colleagues. Such approval shall not be


Printed: May 2001









unreasonably withheld.


20.7 Appearances.
(a) When an employee participates during working hours in an arbitration
proceeding or in a grievance meeting between the grievant or representative and the
university or Board, that employee's compensation shall neither be reduced nor increased
for time spent in those activities.

(b) Prior to participation in any such proceedings, conferences, or meetings, the
employee shall make arrangements acceptable to the appropriate supervisor for the
performance of the employee's duties. Approval of such arrangements shall not be
unreasonably withheld. Time spent in such activities outside regular working hours shall
not be counted as time worked.

20.8 Formal Grievance Procedure.
(a) Filing.
(1) A grievance shall be filed with the President or representative at Step
1, or in the case of a grievance initiated at Step 2 with the Chancellor or representative,
within thirty (30) days following the act or omission giving rise thereto, or the date on which
the employee knew or reasonably should have known of such act or omission if that date
is later. Thirty days shall be determined by a receipt executed by the office receiving the
grievance, or by the date of mailing as determined by the postmark. The grievant may
amend the Appendix "C" form one time, either prior to the Step 1 meeting for all grievances
filed at Step 1, or prior to the Step 2 review for all grievances filed directly at Step 2.
(2) An employee may seek redress of alleged salary discrimination by
filing a grievance underthe provisions of Article 20. An act or omission giving rise to such
a grievance may be the employee's receipt of the employee's salary warrant for the first
full-pay period in which the annual salary increases referenced in Article 23 are reflected.
(3) The filing of a grievance constitutes a waiver of any rights to judicial
review of agency action pursuant to Chapter 120, Florida Statutes, or to the review of such
actions under universityor Board procedures which may otherwise be available to address
such matters. This grievance procedure shall be the sole review mechanism for resolving
disputes regarding rights or benefits which are provided exclusively by this Agreement.
Only those acts or omissions and sections of the Agreement identified at the initial filing
may be considered at subsequent steps.

(b) Time Limits. All time limits contained in this Article may be extended by
mutual agreement of the parties, except that the time limits for the initial filing of a
grievance may be extended only by agreement between the Board and the UFF. Upon
failure of the Board to provide a decision within the time limits provided in this Article, the
grievant or the UFF, where appropriate, may appeal to the next step. Upon the failure of
the grievantor the UFF, where appropriate, to file an appeal within the time limits provided
in this Article, the grievance shall be deemed to have been resolved by the decision at the
prior step.

(c) Postponement.
(1) The grievant may, in the written grievance at Step 1, request the
postponement of any action in processing the grievance formally for a period of up to thirty
(30) days, during which period efforts to resolve the grievance informally shall be made.
The initial such request shall be granted. Upon the grievant's written request, additional
extensions should be granted unless to do so would impede resolution of the grievance.
Upon request, the President or representative shall, during the postponement periodss,
arrange an informal meeting between the appropriate administrator and the grievant. The
grievant shall have the right to representation by the UFF during attempts at informal


Printed: May 2001









resolution of the grievance. The grievant may, at any time, terminate the postponement
period by giving written notice to the President or representative that the grievant wishes
to proceed with the Step 1 meeting. If the postponement period, or any extension thereof,
expires without such written notice, the grievance shall be deemed informally resolved to
the grievant's satisfaction and need not be processed further.
(2) In the case of a grievance filed pursuant to the Expedited Grievance
Procedure referenced in Section 20.15, the postponement period shall be no more than
seven (7) days unless the employee and the university agree otherwise.

(d) Step 1.
(1) Meeting. The President or representative and the grievant and the
grievant's representative shall meet no sooner than seven (7) and no later than fifteen (15)
days following (a) receipt of the grievance if no postponement is requested, or (b) receipt
of written notice that the grievant wishes to proceed with the Step 1 meeting. At the Step
1 meeting, the grievant shall have the right to present any evidence in support of the
grievance, and the grievant and/or the UFF representative or the grievant's legal counsel
(if selected pursuant to Section 20.5), and the President or representative, shall discuss
the grievance.
(2) Decision. The President or representative shall issue a written
decision, stating the reasons therefore, to grievant's Step 1 representative within thirty (30)
days following the conclusion of the meeting. Thirty days shall be determined bya receipt
executed by the office receiving the grievance, or bythe date of mailing as determined by
the postmark. In the absence of an agreement to extend the period for issuing the Step
1 decision, the grievant may proceed to Step 2 if the grievant's Step 1 representative has
not received the written decision by the end of the 30th day following the conclusion of the
Step 1 meeting. A copy of the decision shall be sent to the grievant and to the local UFF
Chapter if grievant elected self-representation or representation by legal counsel.
(3) Documents. Where practicable, the Step 1 reviewer shall make
available to the grievant, or grievance representative, documentation referenced in the
Step 1 decision prior to its issuance. All documents referred to in the decision and any
additional documents presented bythe grievant shall be attached to the decision, together
with a list of these documents. In advance of the Step 1 meeting, the grievant shall have
the right, upon written request, to a copy of any identifiable documents relevant to the
grievance.

(e) Step 2.
(1) Review. If the grievance is not satisfactorily resolved at Step 1, the
grievant may file a written request for review with the Chancellor or representative within
thirty (30) days following receipt of the Step 1 decision by grievant's Step 1 representative.
Thirty days shall be determined bya receipt executed bythe office receiving the grievance,
or by the date of mailing as determined by the postmark. The Chancellor or
representative, and the representative of the grievant shall meet in Tallahassee for the
purpose of reviewing the matter no later than thirty (30) days following receipt of the
request for review.
(2) Decision. The Chancellor, or representative shall issue a written
decision, stating the reasons therefore, to grievant's Step 2 representative (if grievant is
represented by UFF, the decision will be sent to the UFF State Office) within thirty (30)
days following the conclusion of the review meeting. Thirty days shall be determined by
a receipt executed by the office receiving the grievance, or by the date of mailing as
determined by the postmark. In the absence of an agreement to extend the period for
issuing the Step 2 decision, the UFF may proceed to Step 3 if the grievant's Step 2
representative has not received the written decision by the end of the 30th day following
the conclusion of the Step 2 meeting. A copy of the decision shall be sent to the grievant
and to the UFF State Office if the grievant elected self-representation or representation by


Printed: May 2001









legal counsel.


(f) Step 3 Arbitration.
(1) Filing. If the grievance has not been satisfactorily resolved at Step 2,
the UFF may, upon the request of the grievant, proceed to arbitration by filing a written
notice of the intent to do so. Notice of intent to proceed to arbitration must be filed with the
Chancellor or representative within thirty (30) days after receipt of the Step 2 decision by
grievant's Step 2 representative (if the grievant is represented by UFF, the decision will be
sent to the UFF State Office) and shall be signed by the grievant and the UFF President
of UFF Director of Arbitrations. Thirty days shall be determined by a receipt executed by
the office receiving the grievance, or by the date of mailing as determined bythe postmark.
The grievance may be withdrawn at any time by the grievant or by the UFF President or
Director of Arbitrations at any point during Step 3. The parties shall stipulate to the issues)
prior to the arbitration. In the event a stipulation is not reached, the parties shall proceed
to a hearing on arbitrability pursuant to Section 20.8(f)(4).
(2) Selection of Arbitrator. Representatives of the Board and the UFF
shall meet within ninety (90) days after the execution of this Agreement for the purpose of
selecting an Arbitration Panel of ten (10) or more members. Within fourteen (14) days
after receipt of a notice of intent to arbitrate, representatives of the Board and the UFF
shall meet for the purpose of selecting an arbitrator from the Panel. Selection shall be by
mutual agreement or by alternately striking names from the Arbitration Panel list until one
name remains. The right of the first choice to strike from the list shall be determined by the
flip of a coin. If the parties are unable to agree to a panel of arbitrators, they shall follow
the normal American Arbitration Association procedure for the selection of an arbitrator.
The parties may mutually select as the arbitrator an individual who is not a member of the
Arbitration Panel. The arbitration shall be held within sixty (60) days following theselection
of the arbitrator.
(3) Authority of the Arbitrator.
a. The arbitrator shall neither add to, subtract from, modify, or
alter the terms or provisions of this Agreement. Arbitration shall be confined solely to the
application and/or interpretation of this Agreement and the precise issues) submitted for
arbitration. The arbitrator shall refrain from issuing any statements of opinion or
conclusions not essential to the determination of the issues submitted.
b. Where an administrator has made a judgment involving the
exercise of discretion, such as decisions regarding tenure or promotion, the arbitrator shall
not substitute the arbitrator's judgment for that of the administrator. Nor shall the arbitrator
review such decision except for the purpose of determining whether the decision has
violated this Agreement. If the arbitrator determines that the Agreement has been violated,
the arbitrator shall direct the university to take appropriate action. An arbitrator may award
back salary where the arbitrator determines that the employee is not receiving the
appropriate salary from the university, but the arbitrator may not award other monetary
damages or penalties. If notice that further employmentwill not be offered is not given on
time, the arbitrator may direct the university to renew the appointment only upon a finding
that no other remedy is adequate, and that the notice was given so late that (a) the
employee was deprived of reasonable opportunity to seek other employment, or (b) the
employee actually rejected an offer of comparable employment which the employee
otherwise would have accepted.
c. An arbitrator's decision awarding employment beyond the sixth
year shall not entitle the employee to tenure. In such cases the employee shall serve
during the seventh year without further right to notice that the employee will not be offered
employment thereafter. If an employee is reappointed at the direction of an arbitrator, the
President or representative may reassign the employee during such reappointment.
(4) Arbitrability. Issues of arbitrability shall be bifurcated from the
substantive issues) and, whenever possible, determined by means of a hearing conducted


Printed: May 2001









by conference call. The arbitrator shall have ten (10) days from the hearing to render a
decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator shall then be
selected to hear the substantive issues) in accordance with the provisions of Section
20.8(f)(2).
(5) Conduct of Hearing. The arbitrator shall hold the hearing in the city
where the grievant is employed, unless otherwise agreed by the parties. The hearing shall
commence within twenty-five (25) days of the arbitrator's acceptance of selection, or as
soon thereafter as is practicable, and the arbitrator shall issue the decision within forty-five
(45) days of the close of the hearing or the submission of briefs, whichever is later, unless
additional time is agreed to by the parties. The decision shall be in writing and shall set
forth findings of fact, reasoning, and conclusions on the issues submitted. Except as
expressly specified in this Article, the provisions of the Florida Arbitration Code, Chapter
682, Florida Statutes, shall not apply. Except as modified by the provisions of this
Agreement, arbitration proceedings shall be conducted in accordance with the rules and
procedures of the American Arbitration Association.
(6) Effect of Decision. The decision or award of the arbitrator shall be final
and binding upon the Board, the UFF, and the grievant, provided that either party may
appeal to an appropriate court of law a decision that was rendered by the arbitrator acting
outside of or beyond the arbitrator's jurisdiction, pursuant to Section 682.13, Florida
Statutes.
(7) Venue. For purposes of venue in any judicial review of an arbitrator's
decision issued under this agreement, the parties agree that such an appeal shall be filed
in the courts in Leon County, Florida, unless both parties specifically agree otherwise in a
particular instance. In an action commenced in Leon County, neither the Board nor the
UFF will move for a change of venue based upon the defendant's residence in fact if other
than Leon County.
(8) Fees and Expenses. All fees and expenses of the arbitrator shall be
divided equally between the parties. Each party shall bear the cost of preparing and
presenting its own case. The party desiring a tran script of the arbitration proceedings shall
provide written notice to the other party of its intention to have a transcript of the arbitration
made at least one week prior to the date of the arbitration. The party desiring such
transcript shall be responsible for scheduling a stenotype reporter to record the
proceedings. The parties shall share equally the appearance fee of the stenotype reporter
and the cost of obtaining an original transcript and one copy for the party originally
requesting a transcript of the proceedings. The requesting party shall, at its expense,
photocopy the copy of the transcript received from the reporter and deliver the photocopy
to the other party within five days after receiving the copy of the transcript from the
reporter.
(9) Retroactivity. An arbitrator's award may or may not be retroactive as
the equities of each case may demand, but in no case shall an award be retroactive to a
date earlier than thirty (30) days prior to the date the grievance was initially filed in
accordance with this Article.

20.9 Filings and Notification. With the exception of Step 1 and Step 2 decisions, all
documents required or permitted to be issued or filed pursuant to this Article may be
transmitted by fax, United States mail, or any other recognized delivery service (note: e-
mail is not an acceptable form of delivery). Step 1 and Step 2 decisions shall be
transmitted to the grievant's representatives) by personal delivery with written
documentation of receipt or by certified mail, return receipt requested. In the event that
any action falls due on a Saturday, Sunday, or holiday (as referred to in Section 17.5), the
action will be considered timely if it is accomplished by 5:00 P.M. on the following business
day.

20.10 Precedent. No complaint informally resolved, or grievance resolved at either Step


Printed: May 2001









1 or 2, shall constitute a precedent for any purpose unless agreed to in writing by the
Chancellor or representative and the UFF acting through its President or representative.

20.11 Processing.
(a) The filing or pendency of any grievance or arbitration proceedings under this
Article shall not operate to impede, preclude, or delay the Board from taking the action
complained of. Reasonable efforts, including the shortening of time limits when practical,
shall be made to conclude the processing of a grievance prior to the expiration of the
grievant's employment, whether by termination or failure to reappoint. An employee with
a pending grievance will not continue to be compensated beyond the last date of
employment.

(b) The President or Chancellor, or their representatives, may refuse
consideration of a grievance not filed or processed in accordance with this Article.

20.12 Reprisal. No reprisal of any kind will be made by the Board, the universities, or
the UFF against any grievant, any witness, any UFF representative, or any other participant
in the grievance procedure by reason of such participation.

20.13 Records. All written materials pertinent to a grievance shall befiled separately from
the evaluation file of the grievant or witnesses, except decisions resulting from arbitration
or settlement.

20.14 Inactive Grievances. A grievance which has been filed at Step 2 or Step 3 and on
which no action has been taken by the grievant or the UFF for ninety (90) days shall be
deemed withdrawn and resolved in accordance with the decision issued at the prior Step.

20.15 Expedited Grievance Procedure for Conflict of Interest (Section 19.5).
(a) A grievance alleging a violation of Article 19 shall be heard at Step 1 by the
President or representative no more than seven (7) days after it has been filed. The
President or representative shall issue a Step 1 decision no more than 7 days after the
Step 1 meeting.

(b) A request for review of the Step 1 decision shall be filed using Appendix "D",
no more than seven (7) days following the receipt of the Step 1 decision. The Step 2
meeting shall be held no more than 7 days after the receipt of Appendix "D", and the Step
2 decision shall be issued no more than 7 days after the meeting.

(c) A request for arbitration using Appendix "E" shall be filed within fourteen (14)
days after receipt of the Step 2 decision. An arbitrator shall be selected by the parties no
more than fourteen (14) days following the receipt of the Appendix"E". The arbitrator shall
issue a memorandum of decision within 7 days following the conclusion of the arbitration,
to be followed by a written opinion and award in accordance with Section 20.8(f)(5).

(d) The parties shall establish a panel of three (3) experienced arbitrators to hear
a grievance filed in accordance with this Section.

(e) All other provisions of Article 20 shall apply to these grievances, except as
noted above.


ARTICLE 21
OTHER EMPLOYEE RIGHTS


Printed: May 2001









21.1 Professional Meetings. Employees should be encouraged to and may, with the
approval of the supervisor, attend professional meetings, conferences, and activities.
Subject to the availability of funds, the employee's expenses in connection with such
meetings, conferences, or activities shall be reimbursed in accordance with the applicable
provisions of State law and rules and regulations having the force and effect of law.

21.2 Office Space. Each employee shall be provided with office space which may be on
a shared basis. The parties recognize the desirability of providing each employee with
enclosed office space with a door lock, office equipment commensurate with assigned
responsibilities, and ready access to a telephone. Each employee shall, consistent with
building security, have reasonable access to the employee's office space and laboratories,
studios, music rooms, and the like used in connection with assigned responsibilities; this
provision may require that campus security provide access on an individual basis. Before
an employee's office location is changed, or before there is a substantial alteration to an
employee's office to a degree that impedes the employee's work effectiveness, the affected
employee shall be notified, if practicable, at least one (1) month prior to such change.

21.3 Safe Conditions. Whenever an employee reports a condition which the employee
feels represents a violation of safety or health rules and regulations or which is an
unreasonable hazard to persons or property, such conditions shall be promptly
investigated. The appropriate administrator shall reply to the concern, in writing, if the
employee's concern is communicated in writing.

21.4 Limitation on Personal Liability.
(a) In the event an employee is sued for an act, event, or omission which may
fall within the scope of Section 768.28, Florida Statutes, the employee should notify the
President's office as soon as possible after receipt of the summons commencing the
action in order that the Board may fulfill its obligation. Failure to notify the employer
promptly may affect the rights of the parties.

(b) For information purposes, the following pertinent language of Section
768.28(9), Florida Statutes, is reproduced herein.

No officer, employee, or agent of the State or its sub-divisions shall be held
personally liable in tort for any injuries or damages suffered as a result of any
act, event or omission of action in the scope of his employment orfunction
unless such officer, employee or agent acted in bad faith or with malicious
purpose or in a manner exhibiting wanton or willful disregard of human rights,
safety or property.

21.5 Travel Advances. The universities will, to the extentpermitted by State lawand rule,
provide travel advances, upon request, of up to eighty(80) percent of budgeted expenses
for authorized travel of longer than five (5) consecutive days.

21.6 Working Papers Rights. Consistent with law, the provisions of Article 18, and the
legitimate interests of the university, employees shall have the right to control of their
personal correspondence, notes, raw data, and other working papers.

21.7 Protection for Whistleblowers. Employees are notified that Section 112.3187,
Florida Statutes, provides protection to whistleblowers and delineates their rights and
responsibilities.


ARTICLE 22


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PROFESSIONAL DEVELOPMENT PROGRAM AND SABBATICALS


22.1 Professional Development Leave.
(a) Policy. Professional development leave shall be made available to
employees who meet the requirements set forth below. Such leaves are granted to
increase an employee's value to the university through enhanced opportunities for
professional renewal, educational travel, study, formal education, research, writing, or other
experience of professional value, not as a reward for service.

(b) Types of Professional Development Leave. Each year, the university or its
representatives will make available at least one (1) professional development leave at full-
pay for one (1) semester or its equivalent (for example, leave at half-pay for two (2)
semesters), for each twenty (20) eligible employees, subject to the conditions set forth
below.

(c) Eligibility for Professional Development Leave. Full-time employees with
three (3) or more years of service shall be eligible for professional development leaves,
except those employees who are serving in tenure-earning or tenured positions, or FGCU
employees who are serving in-multi-year appointments as assistant professor, associate
professor or professor. An employee who is compensated through a contract orgrant may
receive a professional development leave only if the contract or grant allows for such
leaves and the employee meets all other eligibility requirements. Eligible employees shall
be notified annually regarding eligibility requirements and application deadlines.

(d) Application and Selection.
(1) Application for professional development leave shall contain an
appropriate outline of the project or work to be accomplished during the leave.
(2) The university or its representative shall select applicants when the
university believes that completion of the project or work would improve the productivity of
the department or function of which the employee is a part. Criteria for selection of
professional development leave applicants shall be specified by the university and made
available to eligible employees.
(3) No more than one (1) employee in each department/unit need be
granted leave at the same time.

(e) Terms of Professional Development Leave.
(1) The employee must return to university employment for at least one
(1) academic year following the conclusion of such leave. Agreements to the contrary must
be reduced to writing prior to participation. Return to the university of salary received
during the program may be required in those instances where neither of the above is
satisfied.
(2) An employee who fails to spend the time as stated in the application
shall reimburse the university for the salary received during such leave.
(3) Employees shall not normally be eligible for a second professional
development leave until three (3) years of continuous service are completed following the
previous leave.
(4) The employee must provide a brief written report of the employee's
accomplishments during the professional development leave to the President or
representative upon return to the university.
(5) Contributions normally made by the Board to retirement and Social
Security programs shall be continued on a basis proportional to the salary received. Board
contributions normally made to employee insurance programs and any other employee
benefit programs shall be continued during the professional development leave.
(6) Eligible employees shall continue to accrue annual and sick leave on


Printed: May 2001









a full-time basis during the professional development leave.
(7) While on leave, an employee shall be permitted to receive funds for
travel and living expenses, and other professional development leave-related expenses,
from sources other than the university such as fellowships, grants-in-aid, and contractsand
grants, to assist in accomplishing the purposes of the professional development leave.
Receipt of funds for such purposes shall not result in reduction of the employee's university
salary. Grants for such financial assistance from other sources may, but need not, be
administered through the university. If financial assistance is received in the form of salary,
the university salary shall normally be reduced by the amount necessary to bring the total
income of the professional development leave period to a level comparable to the
employee's current year salary rate. Employment unrelated to the purpose of the
professional development leave is governed by the provisions of Article 19, Conflict of
Interest And Outside Activity.

22.2 Other Study Leave.
(a) Job-Required. An employee required to take academic course work as part
of assigned duties shall not be required to charge time spent attending classes during the
work day to accrued leave.

(b) Job-Related. An employee may, at the discretion of the supervisor, be
permitted to attend up to six (6) credits of course work per semester during work, provided
that:
(1) The course work is directly related to the employee's professional
responsibilities;
(2) The supervisor determines that the absence will not interfere with the
proper operation of the work unit;
(3) The supervisor believes that completion of the course work would
improve the productivity of the department or function of which the employee is a part; and
(4) The employee's work schedule can be adjusted to accommodate such
job-related study without reduction in the total number of work hours required per pay
period.

(c) Employees may, in accordance with this Article, use accrued annual leave
for job-related study.

22.3 Sabbaticals.
(a) Policy. Sabbaticals for professional development are to be made available
to employees who meet the requirements set forth below. Such sabbaticals are granted
to increase an employee's value to the university through enhanced opportunities for
professional renewal, planned travel, study, formal education, research, writing, or other
experience of professional value, not as a reward for service.

(b) Types of Sabbaticals.
(1) The university will make available to each employee whose application
has been reviewed by the university, a sabbatical for two (2) semesters (i.e., one (1)
academic year) at half-pay, subject to the conditions set forth below. Each university may,
with the approval of the local UFF Chapter, provide sabbaticals that are equivalent to the
two (2) semester half-pay sabbaticals.
(2) Each year, the universitywill make available at leastone (1) sabbatical
at full-pay for one (1) semester for each forty (40) eligible employees, subject to the
conditions set forth below. Each university may, with the approval of the local UFF
Chapter, provide sabbaticals that are equivalent to the one (1) semester, full-pay,
sabbaticals provided to that university.


Printed: May 2001









(c) Eligibility for Sabbaticals. Full-time tenured employees or full-time FGCU
employees who are serving in multi-year appointments as assistant professor, associate
professor or professor with at least six (6) years of full-time service within the State
University System shall be eligible for sabbaticals. An employee who is compensated
through a contract or grant may receive a sabbatical only if the contract or grant allows a
sabbatical and the employee meets all other eligibility requirements.

(d) Application and Selection.
(1) Applications for sabbaticals shall be submitted in accordance with
university procedures established through the consultation process (Article 2). Each
application shall include a statement describing the program and activities to be followed
while on sabbatical, the expected increase in value of the employee to the university and
the employee's academic discipline, specific results anticipated from the leave, any
anticipated supplementary income, and a statement that the applicant agrees to comply
with the conditions of the sabbatical program as described in 22.3(e).
(2) Sabbaticals at half-pay shall be granted unless the university has
determined that the conditions set forth in this Section have not been met or that
departmental/unit staffing considerations prelude such sabbatical from being granted. In
this latter instance, the employee shall be provided the sabbatical the following year, or at
a later time as agreed to bythe employee and the university. The period of postponement
shall be credited for eligibility for a subsequent sabbatical.
(3) If there are more applicants for one (1) semester sabbaticals atfull-pay
than available sabbaticals, a committee shall rank the applicants. The committee shall be
elected by and from the employees eligible for sabbatical leave as specified in Section
22.3(c). The committee chairperson shall be selected by the President or representative.
The committee, in ranking the applicants, shall consider the benefits of the proposed
program to the employee, the university and the profession; an equitable distribution of
sabbaticals among colleges, divisions, schools, departments, and disciplines within the
university; the length of time since the employee was relieved of teaching duties for the
purpose of research and other scholarly activities; and length of service since previous
sabbatical or initial appointment. The committee shall submit a ranked list of
recommended employees to the President or representative. The President or
representative shall make appointments from the list and consult with the committee prior
to an appointment that does not follow the committee's ranking.
(4) No more than one (1) employee in a department/unit need be awarded
a sabbatical at the same time.

(e) Terms of Sabbatical Program.
(1) While on sabbatical, the employee's salary shall be one half-pay for
two (2) semesters (one (1) academic year), or full-pay for one semester.
(2) The employee must return to the university for at least one (1)
academic year following participation in the program. Agreements to the contrary must be
reduced to writing prior to participation. Return to the university of salary received during
the program may be required in those instances where neither of the above is satisfied.
(3) The employee must, within thirty (30) days upon returning from the
sabbatical, provide a concise written report of the employee's accomplishments during the
sabbatical to the President or representative. This report shall include information
regarding the activities undertaken during the sabbatical, the results accomplished during
the sabbatical as they affect the employee and the university, and research or other
scholarly work produced or expected to be produced as a result of the sabbatical.
(4) Employees shall not normally be eligible for a second sabbatical until
six (6) years of continuous service are completed following the first.
(5) Contributions normally made by the Board to retirement and Social
Security programs shall be continued on a basis proportional to the salary received. Board


Printed: May 2001









contributions normally made to employee insurance programs and any other employee
benefit programs shall be continued during the sabbatical.
(6) Eligible employees shall continue to accrue annual and sick leave on
a full-time basis during the sabbatical.
(7) While on leave, an employee shall be permitted to receive funds for
travel and living expenses, and other sabbatical-related expenses, from sources other than
the university such as fellowships, grants-in-aid, and contracts and grants, to assist in
accomplishing the purposes of the sabbatical. Receipt of funds for such purposes shall not
result in reduction of the employee's university salary. Grants for such financial assistance
from other sources may, but need not, be administered through the university. If financial
assistance is received in the form of salary, the university salary shall normally be reduced
by the amount necessary to bring the total income of the sabbatical period to a level
comparable to the employee's current year salary rate. Employment unrelated to the
purpose of the sabbatical leave is governed by the provisions of Article 19, Conflict of
Interest And Outside Activity.

22.4 Retraining. A university may, at its discretion, provide opportunities for retraining
of employees when it is in the university's best interests. Such opportunities may be
provided to employees who are laid off, to those who are reassigned, or in other
appropriate circumstances. These retraining opportunities may include enrollment in
tuition-free courses under the provisions of Section 24.7, and Sabbaticals or Professional
Development Leaves under this Article.

22.5 DRS Sabbaticals.
(a) Policy. Sabbaticals for professional development are to be made available
to employees who meet the requirements set forth below. Such sabbaticals are granted
to increase an employee's value to the DRS through enhanced opportunities for profes-
sional renewal, planned travel, study, formal education, research, writing, or other
experience of professional value, not as a reward for service.

(b) Type of Sabbatical. Once every two (2) years, the DRS will make available
at least one (1) sabbatical at half-pay for one (1) DRS academic year for eligible
employees, subject to the conditions set forth below. Each DRS may provide sabbaticals
that are equivalent to the one (1) year, half-pay sabbatical upon consultation with the UFF
Chapter representative.

(c) Eligibilityfor Sabbatical. Full-time permanent status employees with at least
six (6) years of full-time service at the DRS shall be eligible for sabbaticals. Eligible
employees shall be notified annually regarding eligibility requirements and application
deadlines.

(d) Application and Selection.
(1) Applications for sabbaticals shall be submitted in accordance with
procedures established through the DRS consultation process (Article 2). At a minimum,
each application shall include a statement describing the program and activities to be
followed while on sabbatical, the expected increase in value of the employee to the DRS
and his/her academic discipline, specific results anticipated from the leave, anyanticipated
supplementary income, and a statement that the applicant agrees to comply with the
conditions of the sabbatical program as described in 22.5(e).
(2) A three-member committee shall rank the applicants for the purpose
of making a recommendation to the DRS Director regarding the awarding of the sabbatical.
The committee shall be comprised of permanent status employees chosen by the DRS
Director in consultation with UFF. The committee chairperson shall be selected by majority
vote of the committee. The committee, in ranking the applicants, shall consider the


Printed: May 2001









benefits of the proposed program to the employee, the DRS, and the profession; the needs
of the DRS; and the length of time since the employee was last provided an opportunity
for professional renewal. The committee shall submit a ranked list of recommended
employees to the DRS Director or representative who shall make the final decision
regarding the awarding of the sabbatical.

(e) Terms of Sabbatical Program.
(1) The employee must return to the DRS for at least one (1) academic
year immediately following the sabbatical. Agreements to the contrary must be reduced
to writing prior to participation. Return to the DRS of salary received during the
program may be required in those instances where neither of the above is satisfied.
(2) The employee must, within thirty (30) days of returning from the
sabbatical, provide a concise written report of the employee's accomplishments during the
sabbatical to the DRS Director or representative. This report shall include information
regarding the activities undertaken during the sabbatical, the results accomplished during
the sabbatical as they affect the employee and the DRS, and research or other scholarly
work produced or expected to be produced as a result of the sabbatical.
(3) Employees shall not normally be eligible for a second sabbatical until
six (6) years of continuous service are completed following the first.
(4) Contributions normally made by the Board to retirement and Social
Security programs shall be continued on a basis proportional to the salary received. Board
contributions normally made to employee insurance programs and any other employee
benefit programs shall be continued during the sabbatical.
(5) Employees shall continue to accrue sick leave on a full-time basis
during the sabbatical.
(6) While on leave, an employee shall be permitted to receive funds for
travel and living expenses and other sabbatical related expenses from sources other than
the university, such as fellowships, grants-in-aid, and contracts and grants, to assist in
accomplishing the purposes of the sabbatical. Receipt of funds for such purposes shall
not result in reduction of the employee's university salary. If financial assistance is
received in the form of salary, the university salary shall normally be reduced by the
amount necessary to bring the total income of the sabbatical period to a level comparable
to the employee's current year salary rate. Employment unrelated to the purpose of the
professional development leave is governed by the provisions of Article 19, Conflict of
Interest And Outside Activity.


ARTICLE 23
SALARIES

The parties recommend that the Legislature appropriate funds to implement the annual
salary increases referenced in Sections 23.1, 23.2, 23.3, and 23.4, as negotiated for the
2001-2002 fiscal year, which are to be funded from these appropriated increase funds.

23.1 Faculty Pay Plan. The Board shall provide employees in the Faculty pay plan,
except for Developmental Research School employees covered by Section 23.3, with the
following annual general salary increase from the appropriated general salary increase
funds equal to approximatelythree (3%) percent of the June 30, 2001 base salary rate of
these employees. If the appropriated amount is greater than or less than approximately
3%, the amount of the general increase shall be adjusted accordingly.
(a) Departmental Merit. These increases shall be provided consistent with
criteria specified in Section 10.4 and proceduresdeveloped pursuantto Section 10.3(a)(2).

(b) Guaranteed Minimum. If the increases described in Section 23.1(a)


Printed: May 2001









above are less than the guaranteed minimum of $600 for a 9-month employee; $667 for
a 10-month employee; $733 fora 11-month employee; and $800for a 12-month employee,
the employee shall receive an additional increase to meet the guaranteed minimum. Part-
time employees shall receive proportional increases.


Section 23.1: Post Ratification: The 2001-2002 Appropriations Act provided Faculty pay plan
employees, except for Developmental Research School employees covered by Section 23.3, with a
competitive pay adjustment equal to an average of two and one half percent (2.5%).



23.2 Administrative and Professional Pay Plan. The Board shall provide employees in
the Administrative and Professional pay plan annual salary increases from funds equal to
approximately 3.0% of the June 30, 2001, base salary rates of these employees in
recognition of meritorious performance. If the appropriated amount is greaterthan or less
than approximately 3%, the amount of the general increase shall be adjusted accordingly.


Section 23.2: Post Ratification: The 2001-2002 Appropriations Act provided that A&P employees shall
receive a two and one half percent (2.5%) competitive pay adjustment. If the competitive pay
adjustment is less than $600, each employee shall receive an additional increase which provides the
employee a total annualized increase of $600.



23.3 Developmental Research School Employees.
(a) Developmental Research School employees shall be provided the following
annual increases to their June 30, 2001, base salary rate; however, the total salary
increase pool for these employees shall be no less than the percent amount appropriated
for annual salary increases for in-unit faculty pay plan employees under the General
Appropriations Act:
(1) DRS Employee Promotion Increases: Promotion increases shall
be granted to DRS employees pursuant to Article 14. Promotion increases shall be
granted to full-time DRS employees in the following amounts. Part-time DRS employees
shall be granted a proportional increase:

To University School Assistant Professor $1,000 or 3.5% of the
employee's base salary, whichever is higher;

To University School Associate Professor $1,500 or 5.25% of the
employee's base salary rate, whichever is higher;

To University School Professor $2,500 or 8.75% of the employee's
base salary, whichever is higher.

(2) DRS Employee Salary Schedule Increases. Each Dean of the College
of Education or designee and the representative of the local DRS-UFF chapter shall
develop a salary schedule to be used for purposes of determining the salaries of new DRS
employees at the time of their initial appointment. Each existing employee who is below
the new minimum of the salary schedule level to which they are assigned shall have their
salary adjusted to the new minimum. The schedule, which shall be provided to the BOR
and the UFF prior to implementation, shall take into consideration:
a. The DRS faculty rank structure;
b. Years of service;
c. Attainment of an advanced degree; and


Printed: May 2001









d. Local market factors.
(3) Merit Increases. Criteria for the distribution of the remaining funds
after increases distributed pursuant to Section 23.3(a)(1) and Section 23.3(a)(2) shall be
developed by the Dean of the Collegeof Education or designee and the DRS-UFF Chapter
representative, and shall be submitted to the President or representative for final approval.


(b) Joint Appointments. DRS employees holding joint appointments with
a department or unit in the university shall be eligible for any salary increases available to
other part-time members of the bargaining unit in such department/unit of the university,
with such increases appropriately prorated.

(c) DRS Supplements. DRS employees shall receive salary supplements for
approved extracurricularactivities assigned by the Director under thefollowing conditions:
(1) The activity must involve duties which extend beyond the normal
workday;
(2) Employees shall receive a separate salary supplement for each
assigned activity;
(3) The amount of the salary supplement shall be determined by the
Director after consultation with the local UFF DRS representative. In deciding the amount
of the supplement, the Director shall consider such factors as the duration of the activity
(e.g., one month, one semester, academic year), whether the activity is required to be
performed during evenings or on weekends, whether the activity requires out-of-town
travel, the number of persons supervised or involved in the activity, and whether contact
with the general public is required;
(4) Specific salary supplement information shall be provided to the
local UFF DRS Chapter at the beginning of the academic year;
(5) The salary supplement shall be paid from Salary funds during the
period each year when the activity is performed; and
(6) Salary supplements are not to be included in the base salary rate
upon which future salary increases are calculated.

Section 23.3: Post Ratification: The 2001-2002 Appropriations Act provided that Developmental
Research School employees shall receive competitive pay adjustments from a total salary increase
pool of no less than an average of two and one half percent (2.5%).



23.4 Faculty Performance Incentives. In the event that the Legislature appropriates
faculty performance incentive funds for employee salary increases in excessof the general
increase, such funds shall be distributed to recognize and promote faculty excellence and
productivity, responding to the mission of each university. Such funds shall be distributed
as follows:
(a) Promotion Increases. Promotion increases shall be granted to employees
pursuant to Article 14. These increases shall be granted in an amount equal to 9.0% of
the employee's previous year's base salary rate in recognition of promotion to one of the
ranks described below:

To Assistant Professor, Assodate in and Assistant University
Librarian;
To Associate Professor, Research Associate, Associate Curator, Associate
Scholar/Scientist, Associate Engineer, and Associate University Librarian; and
To Professor, Curator, Scholar/Scientist, Engineer, and University Librarian.


Printed: May 2001









(b) In the event that the Legislature fails to appropriate funds for faculty
performance incentives as specified in this Section, promotional increases in Section
23.4(a) above shall be distributed as the first priority on the funds appropriated for
increases in Section 23.1 for faculty pay plan employees who are in pay status on May 1,
2001, but are not eligible for annual salary increases pursuant to Section 23.6. If said
funds are still insufficient, then promotional increases may comefrom otherfunds provided
in Section 23.1.

(c) The remaining funds shall be used for Professorial Excellence Program
(PEP) increases and for Performance-Based Market Equity increases. In the event the
excess funds approved by the Legislature are less than seventeen (17) million dollars
($17,000,000), the excess funds shall be distributed entirely as Performance-Based Market
Equity. These increases are not applicable to DRS and A&P employees. Allocation of
funds to each university will be proportional to the faculty rate at that university. The
university shall determine the amount to be distributed for PEP based upon the numberof
eligible employees.
(1) Existing university criteria and procedures shall be used to
distribute PEP and Performance-Based Market Equity increases, unless the university
determines revisions are required.
(2) If revisions to existing criteria and procedures for PEP and/or
Performance-Based Market Equity are required, they shall be recommended by a
committee of administrators and elected employees. A majority of this committee shall be
employees who are elected by employees for this purpose. The committee maybe either
university-wide or college/equivalent-wide. Revised criteria and procedures shall be
submitted to the president or representative for approval and communicated to eligible
employees.
(3) The university shall provide the UFF Chapter with a copy of the
revised criteria and procedures. UFF shall be offered an opportunity to discuss the revised
criteria and procedures in consultation with the president or representative and provide
comment prior to the university's beginning the relevant selection processes.

(d) The awards shall be made in the following categories within the
accompanying guidelines:
(1) Professorial Excellence Program Increases (PEP).
a. Eligibility: Full-time employees in classifications with the
rank of professor, or equivalent, who have seven (7) or more years' SUS service in that
rank are eligible. No employee may be selected for an increase more than once every
seven (7) years.
b. Increase Amounts: Recipients shall receive an increase in
base salary of $5,000.
c. Selection Criteria and Procedures: Since promotion to
professor or the last PEP increase, eligible employees must have evidence of sustained
excellence which is consistent with the university's mission. There must be a
demonstration of additional merit and distinction beyond the performance on which
advancement to the rank of professor or equivalent, was based.
(2) Performance-Based Market Equity Increases.
a. Eligibility: Each full-time faculty member with a current
satisfactory performance evaluation shall be considered for a performance-based market
equity salary increase.
b. Increase Amounts: Increase amounts are determined by
universities based on established criteria.
c. Selection Criteria and Procedures: The procedures shall specify
how meritorious performance, years of service and years in rank shall be used, with
meritorious performance being given the highest consideration and with each criterion


Printed: May 2001









being used in a meaningful way. The procedures shall also specify how appropriate
market data, including the distance of individual employee salaries from market, shall be
incorporated.


Section 23.4: Post Ratification: The 2001-2002 Appropriations Act contained no money for faculty
performance incentives. Pursuant to Section 23.4(b), promotion increases shall be distributed as the
first priority on the funds appropriated for increases in Section 23.1 for faculty pay plan employees
who are in pay status on May 1, 2001, but are not eligible for annual salary increases pursuant to
Section 23.6. If said funds are still insufficient, then promotion increases may come from other funds
provided in Section 23.1.


23.5 Report to Employees. All employees shall receive notice of their salary increase on
the Appendix "G" form not later than two weeks prior to implementation of the salary
increases described in this article. Upon request, an employee shall have the opportunity
to consult with the person or committeewhich makes the initial recommendation for salary
increases.

23.6 Eligibility for Annual Salary Increases.
(a) Faculty pay plan employees whose most recent annual evaluation is at least
satisfactory and who are in pay status on May 1, 2001, or before, are eligible for the
increases described in Section 23.1 and 23.3 except that employees who have been
issued a notice of nonreappointment pursuant to Section 12.2 are not eligible for such
increases. "Satisfactory" with respect to annual evaluations is when a majority of the
employee's assigned duties are evaluated as "satisfactory."

(b) Administrative and Professional pay plan employees who are in pay status
on May 1, 2001 or before, are eligible forthe increases described in Section 23.2, except
that employees who have been issued a notice of nonreappointment pursuant to Section
12.2 are not eligible for such increases.

23.7 Effective Dates for Salary Increases. Salary increases in Section 23.1 for Faculty
pay plan employees, Section 23.2 for Administrative and Professional pay plan employees,
and Section 23.3 for DRS employees shall be effective on the date of the employee's
2001-2002 contract, but no later than January 1, 2002. Salary monies in Section 23.4 for
faculty pay plan employees shall be effective retroactive to the beginning of the employee's
2001-2002 contract.



Section 23.7: Post Ratification: The 2001-2002 Appropriations Act established November 1, 2001 as
the effective date for annual salary increases.


23.8 Contract and Grant Funded Increases.
(a) Employees on contracts or grants shall receive salary increases equivalent
to similar employees on regular funding, provided that such salary increases are permitted
by the terms of the contract or grant and adequate funds are available for this purpose in
the contract or grant. In the event such salary increases are not permitted by the terms of
the contract or grant, or in the event adequate funds are not provided, the president or
representative shall seek to have the contract or grant modified to permit such increases.

(b) Nothing contained herein shall prevent employees whose salaries are funded
by grant agencies from being allotted raises higher than those provided in thisAgreement.


Printed: May 2001









23.9 Nothing contained herein shall prevent the Board from providing salary increases
beyond the increases specified above. These increases are provided for market equity
considerations, including verified counteroffers and compression/inversion; increased
duties and responsibilities; special achievements; litigation/settlements; and similar special
situations. A copy of procedures used for distributing increases under this section will be
provided to the local UFF chapter, which shall have an opportunity to discuss the
procedures in consultation with the president or representative, prior to their
implementation.

23.10 Grievability. The only issues to be addressed in a grievance filed pursuant to
Article 20 alleging violation of this Article are whether there is unlawful discrimination under
Article 6, or whether there is an arbitrary and capricious application of the provisions of one
or more Sections of this Article.

23.11 All increases provided under this Article shall be reported accurately by category in
the State University System Personnel Employee Records System (SUPERS).

23.12 Type of Payment for Assigned Duties.
(a) Duties and responsibilities assigned by the university to an employee which
do not exceed the available established FTE for the position sh all be compensated through
the payment of Salary, not OPS.

(b) Duties and responsibilities assigned by the university to an employee which
are in addition to the available established FTE for the position shall be compensated
through OPS, not Salary.


ARTICLE 24
BENEFITS

24.1 Benefits Improvements. The Board and UFFsupportlegislationto provide adequate
and affordable health insurance to all employees.

24.2 Part-Time Employees. Part-time employees, except those in positions funded from
Other Personal Services funds, are entitled to employer-funded benefits under the
provisions of State law and the rules of the Department of Management Services and the
Division of Retirement. Part-time employees should contact the personnel office at their
university to determine the nature and extent of the benefits for which they are eligible.

24.3 Retirement Credit. Retirement credit for employees who are authorized to take
uncompensated or partially compensated leaves of absence shall be granted in
accordance with State law and the rules of the Division of Retirement as they may exist at
the time leave is granted. The current Florida Retirement System rules also require that
to receive full retirement credit, the employee on uncompensated or partially compensated
leave must make payment of the retirement contribution that would otherwise be made by
the university, plus interest, if applicable. Employees who are to take such a leave of
absence should contact the personnel office at their university for complete information
prior to taking the leave.

24.4 Benefits for Retired Employees.
(a) Employees retired from the State University System shall be eligible, upon
request, and on the same basis as other employees, subject to university policies, to
receive the following benefits at the university from which they retired, or at an employee's
option, from the university nearest their primary residence, provided that the universityfrom


Printed: May 2001









which they retired is located in a different metropolitan area than their primary residence.
(1) Retired employee identification card;
(2) Use of the university library (i.e., public rooms, lending and research
service);
(3) Listing in the university directory;
(4) Placement on designated university mailing lists;
(5) A university parking decal;
(6) Use of university recreational facilities (retired employees may be
charged fees different from those charged to other employees for the use of such
facilities);
(7) The right to enroll in courses without payment of fees, on a space
available basis, in accordance with the provisions of Section 240.235(3), Florida Statutes;
and
(8) A mailbox in the department/unit from which the employee retired,
subject to space availability.
(9) University e-mail address.

(b) In accordance with university policy, and on a space available basis, a
university is encouraged to grant a retired employee's request for office or laboratory
space.

(c) With the exception of retirees who participated in the SUS Optional
Retirement Program and for whom provisions have been made, as stipulated in Section
24.5(a)(5) of this Agreement, retired employees of any State-administered retirement
system are entitled to health insurance subsidy payments in accordance with
Section 112.363, Florida Statutes.

24.5 Optional Retirement Program.
(a) An Optional Retirement Program is provided for employees who are
employed for no less than one academic year including the following provisions:
(1) Faculty and A&P employees who are in the collective bargaining unit
and otherwise eligible for membership in the Florida Retirement System.
(2) Any employee whose Optional Retirement Program eligibility
results from initial employment will be enrolled as a member of the Optional Retirement
Program. If the employee does not execute an annuity contract with an Optional
Retirement Program approved provider and notify the Division of Retirement in writing
within 90 days, the employee will be enrolled as a member of the Florida Retirement
System.
(3) No accrued service credit or vested retirement benefits will be lost if
an employee participates in the Optional Retirement Program;
(4) Benefits under the Optional Retirement Program shall be fully and
immediately vested in the participating employees;
(5) The employer shall contribute to the Optional Retirement Program, on
behalf of each employee participating in the program, an amount equal to the normal cost
portion of the employer's contribution to the Florida Retirement System, as well as an
amount equal to the employer's contribution to the Retiree Health Insurance Subsidy
program on behalf of non-Optional Retirement participants (see Section 112.363(8),
Florida Statutes), less a reasonable and necessaryamount, as determined by the Legisla-
ture, which shall be provided to the Division of Retirementfor administering the program;
and
(6) A participating employee may contribute to the Optional Retirement
Program, by salary reduction or deduction, a percentage amount of the employee's gross
compensation not to exceed the percentage amount contributed by the employer to the
Optional Retirement Program, but in no case may such contribution exceed federal


Printed: May 2001









limitations.


(b) The parties agree to inform eligible employees regarding the existence and
impact of the Optional Retirement Program upon their retirement benefits.

(c) If the UFF is concerned with the performance of any aspect of the Optional
Retirement Program, whether administered by the Board or another State agency, the UFF
has a right to consult with the Board regarding such concern. As a result of such
consultation, the parties may agree to an approach to address the concern if it lies outside
the Board's statutory authority.

24.6 Phased Retirement Program.
(a) Eligibility.
(1) Employees who have accrued at least six (6) years of creditable
service in the Florida or Teachers Retirement System (FRS, TRS) or Optional Retirement
Program (ORP), except those employees referenced in 24.6(a)(2), are eligible to
participate in the Phased Retirement Program. Such eligibility shall expire on the
employee's 63rd birthday. Employees who decide to participate must provide written
notice to the university of such decision prior to the expiration of their eligibility, or
thereafter forfeit such eligibility. Employees who choose to participate must retire with an
effective date not later than 180 days, nor less than ninety (90) days, after they submit
such written notice, except that when the end of this 180 day period falls within a semester,
the period may be extended to no later than the beginning of the subsequent term
(semester or summer, as appropriate).
(2) Employees not eligible to participate in the Phased Retirement
Program include those who have received notice of non-reappointment, layoff, or
termination, those who participate in the State's Deferred Retirement Option Program
(DROP), and Developmental Research School (DRS) employees.

(b) Program Provisions.
(1) All participants must retire and thereby relinquish all rights to
tenure/permanent status as described in Article 15, except as stated otherwise in this
Article. Participants' retirement benefits shall be determined as provided under Florida
Statutes and the rules of the Division of Retirement.
(2) Payment for Unused Leave. Participants shall, upon retirement,
receive payment for any unused annual leave and sick leave to which they are entitled.
(3) Re-employment.
a. Prior to re-employment, participants in the Phased Retirement
Program must remain off the State payroll for one (1) calendar month following the
effective date of retirement in order to validate their retirement, as required by the Florida
Division of Retirement. Participants must comply with the re-employment limitations that
apply to the second through twelfth month of retirement, pursuant to the provisions of
either the Florida Retirement System (which includes ORP) or the Teachers Retirement
System, as appropriate.
b. Participants shall be offered re-employment, in writing, by the
university under an Other Personal Services (OPS) contract (NOTE: exceptions to this
provision are described in Section 24.6(b)(13)) for one-half of the academic year, however,
the university and employee may agree to less than one-half of the academic year. The
written re-employment offer shall contain the text of Section 24.6(b)(3)d. below.
c. Compensation during the period of re-employment shall be
at a salary proportional to the participant's salary prior to retirement, including an amount
comparable to the pre-retirement employer contribution for health and life insurance and
an allowance for any taxes associated with this amount. The assignment shall be
scheduled within one (1) semester unless the participant and the university agree


Printed: May 2001









otherwise, beginning with the academic year next following the date of retirement and
subject to the condition outlined in (3)a.
d. Participants shall notify the university in writing regarding
acceptance or rejection of an offer of re-employment not later than thirty (30) days after the
employee's receipt of the written re-employment offer. Failure to notify the university
regarding re-employment may result in the employee's forfeiting re-employment for that
academic year.
(4) Leave for Illness/Injury.
a. Each participant shall be credited with five (5) days of leave
with pay at the beginning of each full-time semester appointment. For less than full-time
appointments, the leave shall be credited on a pro-rata basis with the assigned FTE. This
leave is to be used in increments of not less than four (4) hours (1/ day) when the
participant is unable to perform assigned duties as a result of illness or injury of the
participant or a member of the participant's immediate family. For the purposes of this
Section, immediate family shall include the participant's spouse, mother, father, brother,
sister, natural, adopted, or step child, or other relative living in the participant's household.
b. Such leave may be accumulated; however, upon termination
of the post-retirement re-employment period, the participant shall not be reimbursed for
unused leave.
(5) Personal Non-Medical Leave.
a. Each participant who was on a twelve (12) month appointment
upon entering the Phased Retirement Program and whose assignment during the period
of re-employment is the same as that during the twelve(12) month appointment shall be
credited with five (5) days of leave with pay at the beginning of each full-time semester
appointment. This leave is to be used in increments of not less than four (4) hours (/ day)
for personal reasons unrelated to illness or injury. Except in the case of emergency, the
employee shall provide at least two (2) days notice of the intended leave. Approval of the
dates on which the employee wishes to take such leave shall be at the discretion of the
supervisor and shall be subject to the consideration of departmental and organizational
scheduling.
b. Such leave shall not be accumulated, nor shall the participant
be reimbursed for unused leave upon termination of the post-retirement period.
(6) Re-employment Period.
a. The period of re-employment obligation shall extend over five
(5) consecutive academic years, beginning with the academic year next following the date
of retirement. No further notice of cessation of employment is required.
b. The period of re-employment obligation shall not be shortened
by the university, except under the provisions of Article 16 of the Agreement. During the
period of re-employment, participants are to be treated, based on status at point of
retirement, as tenured/permanentstatus employees or non-tenure-earning/non-permanent
status employees with five (5) or more years of continuous service, as appropriate, for
purposes of Sections 13.2(a) and (b) of the Agreement.
(7) Declining Re-employment. A participant may decline an offer of
re-employment during any academic year. Such a decision shall not extend the period of
re-employment beyond the period described in Section 24.6(5)b. At the conclusion of the
re-employment period, the university may, at its option, continue to re-employ participants
in this program on a year-to-year basis.
(8) Salary Increases. Participants shall receive all increases guaranteed
to employees in established positions, in an amount proportional to their part-time
appointment, and shall be eligible for non-guaranteed salary increases on the same basis
as other employees.
(9) Preservation of Rights. Participants shall retain all rights, privileges,
and benefits of employment, as provided in laws, rules, the BOR-UFF Agreement, and
university policies, subject to the conditions contained in this Article.


Printed: May 2001









(10) Payroll Deductions. The UFF payroll deductions, as specified in Article
26, if applicable, shall be continued for a program participant during each re-employment
period.
(11) Contracts and Grants. Nothing shall prevent the employer or the
participant, consistent with lawand rule, from supplementing the participant's employment
with contracts or grants.
(12) The decision to participate in the Phased Retirement Program is
irrevocable after the required approval document has been executed by all parties.
(13) OPS Exception. The provisions for re-employment on an OPS
contract are in effect only for new PRP participants whose initial re-employment occurs
during the 1992-93 academic year or thereafter.

(c) PRP Information Document. The parties agree to jointly develop written
information describing the current provisions of the Phased Retirement Program in the
Agreement. The Board shall distribute this written information to university personnel
departments and the UFF Chapters, upon request.

24.7 Free University Courses for Employees. Full-time employees, including employees
on sabbaticals or on professional development or grants-in-aid leave, may enroll for up to
six (6) credit hours of instruction per term (Fall, Spring, or Summer) without payment of
tuition and fees at any university within the State University System on a space available
basis.

24.8 Employee Assistance Programs. The Board encourages each university to expand
its existing Employee Assistance Program (EAP) to include assessment, referral, follow-up
consultation, short-term counseling, and other services for employees with personal,
family, job stress, or substance abuse problems. Any policies created or revised by the
university in the development or operation of its EAP shall be discussed in consultation
with the local UFF Chapter.

24.9 Pre-tax Benefits Program. The Board shall continue to provide a pre-tax benefits
program for salaried employees in the State University System which includes the
opportunity to: (1) pay for their State insurance premiums on a pre-tax basis and, (2) utilize
flexible spending accounts for medical and dependent care expenses.


ARTICLE 25
UFF INSURANCE DEDUCTION

The Board agrees to provide one payroll deduction per employee per pay period for the
UFF voluntary economic services programs. It is understood that all such programs and
deductions will meet requirements of State and Board rules and regulations. The UFF shall
provide the Board with a written report by July 31 of each year regarding any program
requiring payroll deduction. This report shall include the name of the common remitter
company, a list of the provider companies that are to receive remittances, the appropriate
contact people for the common remitter and associated provider companies, and
addresses and phone numbers.


ARTICLE 26
PAYROLL DEDUCTION

Pursuant to the provisions of Section 447.303, Florida Statutes, the Board and the UFF
hereby agree to the following procedure for the deduction and remittance of the UFF


Printed: May 2001









membership dues and other UFF deductions.


26.1 Deductions.
(a) During the term of this Agreement, the Board, by and through the respective
universities, agrees to deduct the UFF membership dues in an amount established by the
UFF and certified in writing by the UFF State President to the Board, and to make other
UFF deductions in an amount authorized by an employee, from the pay of those
employees in the bargaining unitwho individually and voluntarily make such request on a
written authorization form as contained in Appendix "B" to this Agreement.

(b) Deductions will be made biweekly beginning with the first full-pay period
commencing at least seven (7) days following receipt of authorization by the university.
The UFF shall give written notice to the Board of any changes in its dues at least forty-five
(45) days prior to the effective date of any such changes.

26.2 Remittance. The dues and other authorized deductions shall be remitted by the
universities to the UFF State Office on a biweekly basis within thirty (30) days following the
end of the pay period. Accompanying each remittance shall be a list of the employees
from whose salaries such deductions were made and the amounts deducted. This list shall
be provided in machine-readable form.

26.3 Termination of Deduction. The Board's responsibility for deducting dues and other
authorized deductions from an employee's salary shall terminate automatically upon either
(a) thirty (30) days written notice from the employee to the Board, the university personnel
office, and to the UFF revoking that employee's prior deduction authorization, or (b) the
transfer of the authorizing employee out of the bargaining unit. Consistent with the
provisions of Section 8.5, the university shall notify the local UFF Chapter when it proposes
to reclassify an employee to a classification which is not contained in the General Faculty
bargaining unit.

26.4 Reinstatement of Deduction. The university shall reinstate dues deductions for
employees who have previously filed authorization for dues deduction and are
subsequently placed in leave without pay status, or who participate in the Phased
Retirement Program, upon commencement of full- or part-time employment in the SUS.

26.5 Indemnification. The UFF assumes responsibility for (1) all claims against the Board
and the universities, including the cost of defending such actions, arising from their
compliance with this Article, and for (2) all monies deducted underthis Article and remitted
to the UFF. The UFF shall promptly refund to the Board excess monies received under
this Article.

26.6 Exceptions. The Board will not deduct any UFF fines, penal-ties, or special
assessments from the pay of any employee, nor is the Board obligated to provide more
than one payroll deduction field for the purpose of making the deductions described in this
Article.

26.7 Termination of Agreement. The Board's responsibilities under this Article shall
terminate automatically upon (1) decertification of the UFF or the suspension or revocation
of its certification bythe Florida Public Employees Relations Commission, or(2) revocation
of the UFF's deduction privilege by the Florida Public Employees Relations Commission.


ARTICLE 27
MAINTENANCE OF BENEFITS


Printed: May 2001










No employee may be required to waive the benefits provided by the terms of this
Agreement. No employee shall, as a result of the establishment of a level of rights or
benefits in this Agreement, suffer a loss or diminution of any such rights or benefits for
which otherwise eligible.


ARTICLE 28
MISCELLANEOUS PROVISIONS

28.1 No Strike or Lockout. The Board agrees that there will be no lockout system-wide
or at any of the universities during the term of this Agreement. The UFF agrees that there
will be no strike by it or by any employees during the term of this Agreement.

28.2 Effect of Passage of Law. Any provision of this Agreement which is contrary to law,
but becomes legal during the term of this Agreement, shall be reinstated consistent with
such legislation.

28.3 Legislative Action. The Board and the UFF agree that neither will attempt to
influence or support changes in existing statutes or legislation which would change the
terms of this Agreement.

28.4 Venue. For purposes of venue in any judicial review of an arbitrator's decision, the
parties elect to submit themselves to the jurisdiction of the courts in Leon County, Florida.
In an action commenced in Leon County, neither the Board nor the UFF will move for a
change of venue based upon the defendant's residence in fact if other than Leon County.

28.5 Copies of the Agreement. The Board agrees to provide the UFF with a maximum
of 10,000 copies of the ratified Agreement for distribution to employees, and to provide a
copy to each new employee upon hiring. The cost for printing additional copies of these
documents shall be borne equally by the parties. If the employee does not receive a copy
of the Agreement from the university as part of the hiring process, the employee may
obtain one from the local UFF Chapter. The UFF agrees to distribute copies of the
Agreement to current employees in the unit when the Agreement is ratified. In addition,
the Board shall provide a machine-readable copy of the ratified Agreement and all
Supplements to the UFF.

28.6 Class Titles.
(a) Whenever the Board creates a new dass, it shall designate such class as
being either within or outside the bargaining unit and shall notify the UFF. Further, if the
Board revises the specifications of an existing class so that its bargaining unit designation
is changed, it shall notify the UFF of such new designation. Within ten (10) days following
such notification, the UFF may request a meeting with the Board for the purpose of
discussing the designation. If, following such discussion, the UFF disagrees with the
designation, it may request the Florida Public Employees Relations Commission to resolve
the dispute through unit clarification proceedings.

(b) An employee may request a review of the appropriateness of the employee's
classification by the appropriate university office. In case of disagreement with the results
of the review, the matter shall be discussed in accordance with Article 2, Consultation, but
shall not be subject to Article 20, Grievance Procedure.

28.7 Salary Rate Calculation and Payment. The biweekly salary rate of employees
serving on twelve (12) month (calendar year) appointments shall be calculated by dividing


Printed: May 2001









the calendar year salary rate by 26.1 pay periods.


28.8 Titles and Headings. The titles of articles and headings which precede text are
inserted solely for convenience of reference and shall not be deemed to limit or affect the
meaning, construction, or effect of any provision of this Agreement.

28.9 DRS Advisory Board. The Board shall seek, within the provisions of Chapter 90-49,
Laws of Florida, and subject to the availability of one of the three available faculty
positions, to have a DRS faculty member appointed by the President to the DRS advisory
board.

28.10 If a DRS employee is designated to transport students consistent with the
requirements of Chapter 89-282, Laws of Florida (Florida Uniform Classified Commercial
Driver's License Act), the DRS shall paythe costs associated with the employee's licensure
and endorsement.


ARTICLE 29
SEVERABILITY

In the event that any provision of this Agreement (a)is found to be invalid or unenforceable
by final decision of a tribunal of competent jurisdiction, or (b) is rendered invalid by reason
of subsequently enacted legislation, or (c) shall have the effect of a loss to the State of
Florida or to the State University System of funds, property, or services made available
through federal law, or (d) pursuant to Section 447.309(3), Florida Statutes, can take effect
only upon the amendment of a law, rule, or regulation and the governmental body having
such amendatory powers fails to take appropriate legislative action, then that provision
shall be of no force or effect, but the remainder of the Agreement shall continue in full force
and effect. If a provision of this Agreement fails for reason (a), (b), or (c) above, the parties
shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory
replacement for such provision.


ARTICLE 30
AMENDMENT AND DURATION

30.1 Effective Date. The Agreement shall become effective July 1, 2001 if ratified by
both parties or on the date it is ratified by both parties if ratification occurs after July 1,
2001 and remain in effect through January 7, 2003.
(a) Renegotiations for the agreementterm July 1, 2002 through January 7, 2003
shall begin no later than October 1, 2001, and shall include Artides 23 and 24 and up to
three additional articles to be chosen by each party.

(b) The parties may agree to include other subjects in their renegotiations.

30.2 Amendments. In the event the Board and the UFF negotiate a mutually acceptable
amendment to this Agreement, such amendment shall be put in writing and become part
of this Agreement upon ratification by both parties.


ARTICLE 31
TOTALITY OF AGREEMENT

31.1 Limitation. The parties acknowledge that during the negotiations which resulted in


Printed: May 2001









the Agreement, the Board and the UFF had the unlimited right and opportunity to present
demands and proposals with respect to any and all matters lawfully subject to collective
bargaining, and that all of the understandings and agreements arrived at thereby are set
forth in this Agreement, and that it shall constitute the entire and sole Agreement between
the parties for its duration.

31.2 No Obligation to Bargain. The Board and the UFF, during the term of this
Agreement, voluntarily and unqualifiedly waive the right, and agree that the other shall not
be obligated, to bargain collectively with respect to any subject or matter, whether or not
referred to or covered by this Agreement, even though such subject or matter may not
have been within the knowledge or contemplation of the parties at the time theynegotiated
or signed this Agreement.

31.3 Modifications. Nothing herein shall, however, preclude the parties from mutually
agreeing to alter, amend, supplement, delete, enlarge, or modify any of the provisions of
this Agreement in writing.


ARTICLE 32
DEFINITIONS

As used in this Agreement, the term:

-- "academic year" means a period consisting of a fall and spring semester of
approximately 39 contiguous weeks, or approximately 42 weeks for the SUS
Developmental Research Schools.

-- "bargaining unit" means those employees, collectively, represented for collective
bargaining purposes by the UFF pursuant to the certification of the Florida Public
Employees Relations Commission dated November 21, 1984, wherein the Commission
ordered that Certification number 218, previously issued to the UFF, remain in effect, and
Order number 84-E-112, dated June 14, 1984, wherein the Commission adopted the
bargaining unit agreed to by the Board of Regents and the UFF, as amended.

-- "Board" or "Board of Regents" means the body established by Florida Statutes,
Chapter 240, acting through the Chancellor and its staff.

-- "break in service" means those absences following which the employee is treated
as a new employee for purposes of computing seniority and years of service.

-- "college/unit" means a college or a comparable administrative unit generally
equivalent in size and character to a college.

-- "continuous service" means employment uninterrupted by a break in service. For
academic year employees (9 or 10 month employees), one year of continuous service is
equivalent to the nine (9) or ten (10) month employment period.

"days" means calendar days.

"department/unit" means a departm ent or a comparable administrative unit generally
equivalent in size and character to a department.

-- "employee" means a member of the bargaining unit.


Printed: May 2001









"equitable" means fair and reasonable under the circumstances.

"months" means calendar months.

number: The singular includes the plural.

-- "principal place of employment" means the campus location or other university site
specified on the employee's standard employment contract.

-- "semester" means one of the two approximately 19.5 week periods (approximately
21 week period for SUS Developmental Research Schools) which together constitute the
academic year.

-- "supervisor" means an individual identified by the President or representative as
having immediate administrative authority over bargaining unit employees.

-- "SUS" or "State University System" means the system of institutions and agencies
within the jurisdiction of the Board of Regents.

"UFF" means United Faculty of Florida.

-- "university" means one of the ten (10) institutions in the State University System
acting through the President and its staff.

-- "year" means a period of twelve (12) consecutive months.


Printed: May 2001










Insert Signature Page


Printed: May 2001









APPENDIX A
POSITION CLASSIFICATIONS
IN THE BARGAINING UNIT

All employees in the following position classifications holding regular, visiting,
provisional, research, affiliate, or joint appointments are included in the bargaining unit:

9001 Professor
9002 Associate Professor
9003 Assistant Professor
9004 Instructor
9005 Lecturer
9006 Graduate Research Professor
9007 Distinguished Service Professor
9009 Eminent Scholar
9016 University School Professor
9017 University School Associate Professor
9018 University School Assistant Professor
9019 University School Instructor
9053 University Librarian
9054 Associate University Librarian
9055 Assistant University Librarian
9056 Instructor Librarian
9115 Coordinator
9120 Associate in
9121 Assistant in
9126 Program Director
9150 Curator
9151 Associate Curator
9152 Assistant Curator
9153 Staff Physicist
9160 Scholar/Scientist/Engineer
9161 Associate Scholar/Scientist/Engineer
9162 Assistant Scholar/Scientist/Engineer
9166 Research Associate
9173 Counselor/Advisor
9178 Instructional Specialist
9334 Specialist, Computer Research
9394 Coordinator, Cooperative Education
9419 Coordinator, Research Information
9433 Specialist, Music
9434 Psychologist
9435 Resident Advisor to Students
9460 Psychiatrist
9462 Physician
9464 Physician's Assistant
9490 Dentist
9495 Specialist, Student Counseling


Printed: May 2001









Together with chairpersons (Administrative Code: C1) in the following universities,
schools, or colleges:

Florida A&M University
Florida Atlantic University
Florida International University
College of Arts and Sciences
College of Education
College of Health
College of Urban and Public Affairs
Florida State University
College of Arts and Sciences
College of Business
College of Communication
College of Engineering
College of Social Sciences
School of Visual Arts and Dance
University of Florida
College of Liberal Arts and Sciences
College of Education
College of Business Administration
College of Fine Arts
College of Health and Human Performance
University of South Florida
College of Arts and Sciences
College of Education

and employees with the following administrative titles: Associate Chair (C2), Assistant
Chair (C3), Coordinator (N1), Program Director (G1), Associate Program Director (G2),
Assistant Program Director (G3), Department Head (H1), Associate Department Head
(H2), Assistant Department Head (H3), and Counselor/Advisor (B1).

All other employees of the Board of Regents are excluded from this bargaining unit.


Printed: May 2001









APPENDIX B


UNITED FACULTY OF FLORIDA
UFF-FTP-NEA
UFF DUES CHECK-OFF AUTHORIZATION FORM

I, authorize the Florida Board of
Regents, through the university, to deduct from my pay, starting with the first full
biweekly pay period commencing not earlier than seven days from the date this
authorization is received by the university, membership dues of the United Faculty of
Florida in such amount as may be established from time to time in accordance with the
constitution and bylaws of the UFF and certified in writing to the Florida Board of
Regents by the UFF, and I direct that the sum so deducted be paid over to the UFF.

UFF-FTP-NEA dues payments and contributions to FTP-PAC are not tax deductible as
charitable contributions for federal income tax purposes. However, they may be tax
deductible under other provisions of the Internal Revenue Code.

The above deduction authorization shall continue until either (1) revoked by me at any
time upon thirty days written notice to the Florida Board of Regents, University
Personnel Office, and to UFF, or (2) my transfer or promotion out of this bargaining unit.
Unless this Dues Check-off Authorization is revoked in the manner heretofore stated,
this authorization shall remain in full force and effect in accordance with the provisions
of Section 447.007 Florida Statute.



Date Employee's Signature


Social Security Number Name-printed


Department University


Effective date if later than above:

Please return to your Chapter Treasurer or UFF State Office, FTP-NEA Building, 213
South Adams Street, Tallahassee, Florida 32301.


Printed: May 2001









Please PRINT complete information where necessary.


Social Security Number


Check One
Dr. Mr.
Ms. Mrs.


Last Name, First Name


Home Address


Campus Address


City, State, Zip Code


Department


Office Phone


Home Phone


Please enroll me as a member of the United Faculty of Florida (UFF-FTP-NEA).

All UFF members are also members of the Florida Teaching Profession-National
Education Association, FTP-PAC (Political Action Committee), and the National
Education Association at no additional cost.

UFF-FTP-NEA dues are 1 percent of total salary* for members for which the United
Faculty of Florida is the bargaining agent. If you do not wish to contribute to FTP-PAC,
notify FTP-NEA for refund information. UFF-FTP-NEA dues payments and
contributions to FTP-PAC are not tax deductible as charitable contributions for Federal
income tax purposes. However, they may be tax deductible under other provisions of
the Internal Revenue Code.

*Total salary for purposes of dues deductions includes any money received by the
employee for in-unit work. If insufficient funds remain after mandatory deductions, the
university has no obligation to process dues deductions.


Signature of Member


Date


Return your completed membership form to your Chapter Treasurer or UFF State
Office, FTP-NEA Building, 213 South Adams Street, Tallahassee, Florida 32301.


Printed: May 2001









UNITED FACULTY OF FLORIDA
UFF-FTP-NEA
UFF-PAC PAYROLL DEDUCTION AUTHORIZATION FORM

I, authorize the Florida Board of Regents,
through the university, to deduct from my pay, starting with the first full biweekly pay
period commencing not earlier than seven days from the date this authorization is
received by the university, contributions to the UFF Political Action Committee in the
amount of $1.00 per pay period, and I direct that the sum so deducted be paid over to
the UFF.

Contributions to UFF-PAC are not deductible as charitable contributions for Federal
income tax purposes. However, they may be tax deductible under other provisions of
the Internal Revenue Code.

The above deduction authorization shall continue until either (1) revoked by me at any
time upon thirty days written notice to the University Personnel Office and to the UFF,
or (2) my transfer or promotion out of this bargaining unit.




Date Signature of Member


Department University



Effective date if later than above:


Return to your Chapter Treasurer or the UFF State Office, FTP-NEA Building, 213
South Adams Street, Tallahassee, Florida 32301.


Printed: May 2001









UFF-PAC Form


Please PRINT complete information where necessary.


Social Security Number


Check One
Dr. Mr.
Ms. Mrs. Last Name, First Name


Home Address


Registered Yes


Street


City, State, Zip Code


Precinct


State Sen. Dist.


Party


State House Dist.


Cong. Dist.


Race


Sex


Birthdate


Please enroll me as a member of the United Faculty of Florida Political Action
Committee. UFF-PAC contributions are in the amount of $1.00 per pay period.

Contributions or gifts to UFF-PAC are not tax deductible as charitable contributions for
Federal income tax purposes. However, they may be tax deductible under other
provisions of the Internal Revenue Code.


Signature of Member


Date


Printed: May 2001









STATE UNIVERSITY SYSTEM OF FLORIDA
Board of Regents/United Faculty of Florida

APPENDIX C
GRIEVANCE

I. Date (Received by University)

GRIEVANT STEP 1 GRIEVANCE REPRESENTATIVE

NAME: NAME:
UNIVERSITY: MAILING ADDRESS:
COLLEGE:
DEPT

OFFICE PHONE: OFFICE PHONE:

If grievant is represented by the UFF or legal counsel, all university communications
should go to the grievant's representative.

Other address to which university mailings pertaining to grievance shall be sent:






II. GRIEVANCE

Article(s) and Sections(s) of Agreement allegedly violated:




Statement of grievance (must include date of acts or omissions complained of):





Remedy Sought:







(See page 2 for additional requirements)


Printed: May 2001









III. AUTHORIZATION

I will be represented in this grievance by: (check one representative must sign on
appropriate line):

UFF
Legal Counsel
Myself

I (do)_ (do not) want a postponement for up to 30 days to seek informal
resolution of this grievance.


I UNDERSTAND AND AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE
WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 120 OF THE FLORIDA
STATUTES WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN AND
UNDER ALL OTHER UNIVERSITY PROCEDURES WHICH MAY BE AVAILABLE TO
ADDRESS THESE MATTERS.


This grievance was filed with the President's Office on by
(check one) mail (certified or registered, restricted delivery, return receipt requested)
__ ; personal delivery_ ; other (specify)






Signature of Grievant

(Grievant must sign if grievance is to be processed.)

The Step 1 decision shall be transmitted to Grievant's Step 1 Representative by
personal delivery with written documentation of receipt or by certified mail, return
receipt requested. A copy of this decision shall be sent to Grievant, and the local UFF
Chapter if grievant elected self-representation or representation by legal counsel.


Printed: May 2001









STATE UNIVERSITY SYSTEM OF FLORIDA
Board of Regents/United Faculty of Florida

APPENDIX D
REQUEST FOR REVIEW OF STEP 1 DECISION


GRIEVANT

NAME:
UNIVERSITY:
COLLEGE:
DEPT


STEP 1 GRIEVANCE REPRESENTATIVE


NAME:
MAILING ADDRESS:


OFFICE PHONE:


OFFICE PHONE:


DATE OF STEP 1 DECISION:

Article(s) and Sections(s) of Agreement allegedly violated (as specified at Step 1):


I hereby request that the Chancellor or representative review the attached decision
made in connection with the attached grievance because:



Remedy Sought (if initial filing is at Step 2):

Grievant's representative received the decision on
Grievant filed this request for review with the Chancellor's Office on
by (check one): mail (certified or registered, restricted delivery,
return receipt requested) ; personal delivery ; other (specify)

DATE OF RECEIPT BY CHANCELLOR'S OFFICE:


Signature of Grievant

I am represented in this grievance by (check one representative should sign on
appropriate line):

UFF
Legal Counsel
Myself

(See page 2 for additional requirements)


Printed: May 2001









A copy of the following documents must be attached to this Request at the time of its
filing with the Chancellor or representative:

1. Appendix C Original grievance form filed with the University.
2. Step 1 Decision, if issued by University.
3. All attachments to Step 1 Decision, as required in Section 20.8, Grievance
Procedure.

This request should be sent to:

OFFICE OF HUMAN RESOURCES
BOARD OF REGENTS, STATE UNIVERSITY SYSTEM OF FLORIDA
325 W. Gaines St., Rm. 1614
Tallahassee, Florida 32399-1950


The Step 2 decision shall be transmitted to Grievant's Step 2 Representative (if
Grievant is represented by UFF, the decision will be sent to the UFF State Office) by
personal delivery with written documentation of receipt or by certified mail, return
receipt requested. Copies of this decision shall be sent to Grievant and the President's
Representative for Contract Administration, and to the UFF if grievant elected self-
representation or representation by legal counsel.


Printed: May 2001









STATE UNIVERSITY SYSTEM OF FLORIDA
Board of Regents/United Faculty Of Florida


APPENDIX E
NOTICE OF ARBITRATION

The United Faculty of Florida hereby gives notice of its intent to proceed to arbitration in
connection with the decision of the Chancellor's Office dated
and received bythe UFF State Office on in this grievance of:

NAME:

BOR FILE NO:

The following statement of issues) before the Arbitrator is proposed:



This notice was filed with the Chancellor's Office on by (check
one): mail (certified or registered, restricted delivery, return receipt requested)__
personal delivery_ ; other (specify)

Date of receipt by Chancellor's Office:



Signature of UFF President or Director of Arbitrations

I hereby authorize UFF to proceed to arbitration with my grievance. I also authorize
UFF and the Board of Regents or its representatives to use, during the arbitration
proceedings, copies of any materials in my evaluation file pertinent to this grievance
and to furnish copies of the same to the arbitrator.


Signature of Grievant

This notice should be sent to:

OFFICE OF HUMAN RESOURCES
BOARD OF REGENTS, STATE UNIVERSITY SYSTEM OF FLORIDA
325 W. Gaines St., Rm. 1614
Tallahassee, Florida 32399-1950


Printed: May 2001









APPENDIX F


GENERAL FACULTY CLASSIFICATIONS
RANK AND RANK EQUIVALENTS

(Reserved)


Printed: May 2001









APPENDIX G
2001-2002 SALARY INCREASE NOTIFICATION

In accordance with the provisions of the 2001-2003 BOR-UFF Agreement, your salary
increase, effective November 1, 2001*, is:

Current (2001-2002) Salary: $

Promotion from to : $
(SUPERS Code BC); [Sections 23.1 & 23.4(a)]


Department Merit: (SUPERS Code BR); [Section $
23.1(a)]

Guaranteed Minimum: ( SUPERS Code BQ); $
[Section 23.1(b)]

A&P Appropriated Increase: (SUPERS Code BO); $
[Section 23.2 and the 2001 Appropriations Act]

Base DRS Increase: (SUPERS Code B8); $
[Section 23.3]

Base, TIP: (SUPERS Code BF) $

Base, PEP: (SUPERS Code BL) $

Other (Includes Section 23.9 Specify SUPERS
Code & Amount)










2001-2002 Total Salary: $



* (or academic year as specified in the CBA)

The recommendation for your salary increase was prepared by




You may request a meeting to discuss this increase.


Printed: May 2001









APPENDIX H


BOARD OF REGENTS AND UNITED FACULTY OF FLORIDA
EXCLUSIVE ASSIGNMENT DISPUTE RESOLUTION PROCEDURE

H.1 Exclusive Method
(a) The Board of Regents and the United Faculty of Florida agree to the following
procedure as the exclusive method of resolving disputes under Section 9.3 of the
Agreement which allege that an employee's assignment has been imposed arbitrarily or
unreasonably.

(b) An employee who alleges that the assignment has been imposed arbitrarily
or unreasonably may file a grievance under Article 20 of the BOR/UFF Agreement only to
enforce the exclusive Assignment Dispute Resolution (ADR) procedure delineated below,
not to seek a determination as to whether an assignment has been arbitrarily or
unreasonably imposed.

H.2 Time Limits
(a) The dispute shall not be processed unless it is filed within thirty (30) days
after the receipt of the assignment by the employee. If the employee's assignment begins
prior to final resolution of the dispute, the employee shall perform the assignment until the
matter is finally resolved under these procedures.

(b) All time limits contained herein may be extended by mutual agreement of the
university and the UFF representative. Upon failure of the employee's UFF representative
to comply with the time limits herein, the dispute shall be deemed to have been finally
determined at the prior step.

(c) All references to "days" herein refers to "calendar days." The "end of the
day" shall refer to the end of the business day, i.e., 5:00 p.m.

H.3 Assignment Dispute Resolution Procedures
(a) An employee who believes that the assignment has been imposed arbitrarily
or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 of
the ADR Form with the individual responsiblefor making the assignment. The filing of the
ADR Form shall be accompanied by a brief and concise statement of the employee's
arguments, and any relevant documentation supporting the employee's position. This
documentation shall be placed in a file entitled "Employee's Assignment Dispute
Resolution File," which shall be kept separate from the employee's personnel evaluation
file. Additional documentation shall not be considered in the ADR process except by
agreement of the President's representative unless it is documentation that the employee
requested from the university prior to the conference held pursuant to (b) below, but did
not receive before such conference.

(b) Within four (4) days of receipt of the ADR Form, the individual responsible
for making the assignment shall meet with the employee and discuss the dispute. Within
twenty-four (24) hours after this conference, such individual shall complete Part 1 of the
ADR Form and deliver it to the employee.

(c) If the employee continuesto be aggrieved following the initial conference, the
employee shall file the ADR Form, with Part 1 completed, with the Dean or other
appropriate administrator no later than four (4) days after the initial conference.


Printed: May 2001









(d) The UFF representative shall schedule a meeting with the Dean or other
appropriate administrator to be held no later than four (4) days after filing the ADR Form
with the Dean or other appropriate administrator. At this meeting, the employee, the UFF
representative, and the Dean or appropriate administrator shall discuss the dispute and
attempt to resolve it. Within twenty-four (24) hours after the conclusion of this meeting, the
Dean or appropriate administrator shall complete Part 2 of the ADR Form and deliver it to
the UFF representative.

(e) If consultation with the Dean or appropriate administrator does not resolve
the matter, the UFF representative may file, within four (4) days of that meeting, Part 3 of
the ADR Form (with supporting documentation) with the President's representative,
indicating an intention to submit the dispute to a Neutral Umpire.

(f) Within seven (7) days of receipt of the completed ADR Form and other
documentation, the President's representative may place a written explanation, brief
statement of the University's position, a list of expected witnesses, and other relevant
documentation in the employee's ADR File. As soon as practicable thereafter, a copy of
all documents placed in the employee's ADR File shall be presented to the UFF
representative, who shall place a list of the employee's expected witnesses into the file.

(g) At the time that the completed ADR Form is submitted to the President's
representative, the UFF representative shall schedule a meeting with the President's
representative for the purpose of selecting a Neutral Umpire from the Neutral Umpire
Panel. This meeting shall be scheduled for no later than seven (7) days after filing of the
completed ADR Form. Selection of the Neutral Umpire shall be by mutual agreement or
by alternatively striking names from the Neutral Umpire Panel list until one name remains.
The right of first choice to strike from the list shall be determined by the toss of a coin. The
right to strike first shall alternate in any subsequent Neutral Umpire selection.

(h) The President's representative shall contact the selected Umpire no later
than three (3) d ays following the selection. Should the Umpire selected be unable to serve,
the President's representative shall con tact the UFF representative as soon as practicable
and schedule another selection meeting.

(i) Upon the agreement of the Neutral Umpire to participate, the President's
representative shall provide the Umpire with the employee's ADR File.

(j) The ADR Meeting shall bescheduled as soon as practicable afterthe Neutral
Umpire has received the employee's ADR File. The President's representative shall notify
the UFF representative of the time and place of the ADR Meeting no later than forty-eight
(48) hours prior to it being convened.

(k) No person concerned with orinvolved in theassignment dispute shall attempt
to lobby or otherwise influence the decision of the Umpire.

(I) The ADR Meeting shall be conducted as follows:
(1) The employee, or a UFF representative, and a representative of the
President shall be the sole representatives of the parties. Each representative may
present documentary evidence from the employee's ADR File, interrogate witnesses, offer
arguments, cross-examine witnesses, and have present at the meeting one individual to
assist in the presentation of the representative's case.
(2) The Neutral Umpire will conduct and have total authority at the ADR
Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion,
consistent with this Agreement, that will aid in arriving at a just decision.


Printed: May 2001









(3) The Umpire shall submit to all parties on Part 4 of the ADR Form
within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision
as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall
include the reasons for the Umpire's determination.
(4) If the Umpire decides that the employee's assignment was imposed
arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This
suggestion is not binding on the university but shall be used by the President or President's
designee in fashioning an appropriate remedy.

H.4 Neutral Umpire Panel
(a) The President's representative and the UFF representative shall meet within
two (2) weeks of the ratification of this Agreement for the purpose of selecting an odd-
numbered Neutral Umpire Panel. The Panel shall consist of no less than five (5) and no
more than nine (9) individuals, not employed by the SUS, who meet the following
qualifications:
(1) familiarity with academic assignments;
(2) an ability to serve as Neutral Umpire on short notice;
(3) a willingness to serve on the Panel for one academic year; and
(4) acceptability to both the University and the UFF.

(b) The President's representative and the UFF representative are encouraged
to select educators from other non-SUS institutions in the area, fully retired faculty and
administrators, and professional mediators and arbitrators, to be on the Neutral Umpire
Panel. In the event the parties cannot reach agreement on Panel membership, a
representative of the Board and a UFF member holding a statewide office or position shall
select the Panel.

(c) Panel membership may be reviewed, at the initiation of the University or the
UFF, through written notice provided before the end of the preceding fiscal year.

H.5 Expenses. All fees and costs of the Neutral Umpire shall be borne equally by the
University and the UFF.


Printed: May 2001









ARTICLE 9.3 EXCLUSIVE ASSIGNMENT DISPUTE RESOLUTION FORM


PART 1: STATEMENT OF DISPUTE


Employee's Name


Department


Employee's Address


Date Assignment Made


Person Making Assignment

Beginning Date of Assignment


I believe the assignment was arbitrarily or unreasonably imposed because:


Employee's Signature UFF Representative's Signature


Date Filed


Date of Meeting


The assignment was not arbitrarily or unreasonably imposed:

The disputed assignment has been resolved:


Person making the assignment


Date of Decision


THIS FORM MUST BE ACCOMPANIED BY ALL DOCUMENTATION WHICH THE
EMPLOYEE WANTS TO HAVE REVIEWED, EXCEPT FOR DOCUMENTATION THE
EMPLOYEE HAS REQUESTED BUT NOT RECEIVED (SEE APPENDIX H, SECTION
H.3(a)).

I UNDERSTAND AND AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE
WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 120 OF THE FLORIDA
STATUTES WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN AND UNDER
ALL OTHER UNIVERSITY PROCEDURES WHICH MAY BE AVAILABLE TO ADDRESS
THESE MATTERS.


Printed: May 2001









PART 2: DECISION OF DEAN OR APPROPRIATE ADMINISTRATOR


Date Filed with Dean/Administrator


Date of Conference


The assignment was not arbitrarily or unreasonably imposed:

The disputed assignment has been resolved in the following manner:


Dean or appropriate administrator


Date of Decision


PART 3: UFF NOTICE OF INTENT TO REFER ASSIGNMENT DISPUTE TO NEUTRA
L UMPIRE


The decision of the Dean or other appropriate administrator is not satisfactory and the UFF
hereby gives notice of its intent to refer the dispute to a Neutral Umpire.


Employee's Name


Date of Receipt by President's
Representative


UFF Representative


Receipt Acknowledged by President's
Representative


Printed: May 2001









PART 4: NEUTRAL UMPIRE'S DECISION


The disputed assignment was
imposed.


/was not


Reasons for the determination that the assignment was arbitrarily or unreasonably imposed
are:










Suggested Remedy (Optional):


arbitrarily or unreasonably


Neutral Umpire's Name


Neutral Umpire's Signature


Employee's Name





Date Decision Issued


Printed: May 2001















Academic Freedom .....
Academic Governance ...
Academic Responsibility.
Academic Year .........

A D A .................
A djunct ...............
Amendment and Duration .
Annual Evaluation.......
Appendix C ............
Appendix D ............
Appendix E ............
Appendix H ............
Appointment ...........

A arbitration .............
Assignment ............


INDEX


A
. . . . . . . . . . . . . . . . . . . . 7
. . . . . . . . . . . . . . . . . . . . 1
. . . . . . . . . . . . . . . . . . . . 7
......... 3-6, 10-14, 17, 24-25, 33, 41-42, 50, 59,
........... 60-62, 64-65, 68, 70-71, 75-76, 90, 93
................ .......... 37, 72-73, 80-82
. . . . . . . . . . . . . . . . . . 1 4 2 7
. . . . . . . . . . . . . . . . . . . . 7 4
......................... 14, 19-23, 28-32, 66
. . . . . . . . . . . . . . . . . . . . 8 4
. . . . . . . . . . . . . . . . . . . . 8 6
. . . . . . . . . . . . . . . . . . . . 8 8
. . . . . . . . . . . . . . . . . . 9 1 9 4
. 10-19, 23, 25-26, 28, 30, 32-34, 38, 41, 50, 55, 61
................. ... .. 64, 66, 69-71, 74, 78
....................... 6, 16, 50-52, 54-57, 88
6, 12-13, 15-23, 29, 31, 33, 42-43, 47-48, 70, 91-96


Benefits ...................... 1, 5, 8, 10, 35-37, 40, 42, 52, 61-62, 67-69, 71, 73
Bulletin Boards ................ ..................................... 4


C


Class Titles ................ ......
C o lle g ia l . . . . . . . . . . . . .
C ollegiality .......................
Conflict of Interest ..................
Consultation ....... 2-4, 9,13-17,21,
Contract 10-11, 14-16, 18, 24-25, 27-28,
C rite ria . . . . . . . . . . . . .


D efinitions ........................
Development Research School (DRS)
Definitions .............
DRS Advisory Board .....
DRS Consultation .......
DRS Documents ........
DRS Personal Leave Days
DRS Sabbaticals ........
DRS Salaries ...........
D discipline ..... ....... ....... .....
D R O P ..... ....... ....... ...... ..


Employment Contract ...............
Evaluation File ....................
Extra State Compensation ...........


........................... . .... 73
................................ 1,7-8
. . . . . . . . . . . . . . . . . . 1
............ 9, 11, 43, 48-50, 56, 59, 61-63
26-28, 31, 48, 60-62, 64-65, 67, 69, 71, 74, 92
33, 42, 47-48, 58-61, 63, 66-68, 70-71, 76, 87
. 1, 8, 10, 12, 14-17, 19-21, 28-32,59, 63-66


............46,49,51,75

. . . . . . . . . . . 7 5
. . . . . .. . . . 10 ,74
. . . . .. . . . . . 3 ,6 2
. . . . . . . . . . . 1 0
. . . . . . . . . . . 4 5
. . . . . . . . . . . 6 2
. . . . . . . . . . . 6 4
8-9, 22, 32, 34-35, 48, 60-62
. . . . . . . . . . . 6 9


..... 10-11, 18, 25, 27-28, 76
9, 20-21, 23-24, 34, 56, 88, 91
. . .. . . . . . . 14 19


Printed: May 2001











FMLA ................ ......................................... 35-38
FTE ................ ................................... 6, 11-14, 67, 70

G


Grievance Procedure ....................... 1


,7-9, 11, 16, 34, 50-53, 56, 74, 87


H health Insurance ................................................ 67-69

I


Instructional Technology ........................
Inventions and W orks ..........................
Investigation of Charges of Discrimination ..........


Job Abandonm ent ............................
Just C ause ..................................


L a y o ff . . . . . . . . . . . . . .. . . . . .
Leave of Absence -- Union Activity ................
Le a ve s . . . . . . . . . . . . . .. . . . .
Adm inistrative .....................
Annual Leave .....................
Com pulsory .......................
Emergency Closing .................
F M LA . . . . . . . . . . . . . .
H holidays .........................
Illness/Injury ......................
Leave . . . . . . . . . . . . . .
M ilita ry ....... ....... .. . . ......
P rental ................ .........


...............16, 18-19, 46
.................... .. 46
................... ...... 9


.................. 33-34, 51
................... .. 33-34


... 26-28, 33, 39, 40, 42-43, 69
....................... 4
... 33, 35, 38, 43-44, 58, 62, 67
. . . .. . . . . . . 4 3 ,4 5
.........11, 12, 39-45, 60, 69
................... 39-4 1
. . . . . . . . . . . . 4 5
.................... 35-38
. .. . . . . . . . . 3 6 ,3 8
............... 38,40-41, 70
4-6, 11-12, 33-46, 58-63, 67-72
................... 43-45
................... 36-38


Pending Investigation ...................................... 44
Requests for a Leave or Extension of Leave .................... 35
W without Pay ............................. 36-38, 40-41, 44-46, 72
...................................................... 15,29


M
M maintenance of Benefits .................................. .......... . 73
M market Equity ............................................... 65-67, 90
Multi-year Appointments ........................... 8, 14-17, 23, 29, 32, 58, 60

N
Nondiscrimination ..................................................... 8
Nonreappointm ent .......................................... 19,26,33,66


Printed: May 2001


Librarians










O
O office S pace .......................................
O outside A activity ............... .....................


P a te n ts . . . . . . . . . . . . . .. . . . . . .. .
Payroll D education ...................................
Perm anent Status ...................................
P personal Liability ...................................
Phased Retirem ent ................ .................
Professional Development Program ....................
Professional M meetings ...............................
Professorial Excellence Program (PEP) ..................
Proficiency in Spoken English .........................
Promotion ................... 1, 8, 16-17, 20, 23, 28-29,
Public Records A ct ..................................


Recall ..........
Recognition ......
Released Time ...
Research .......


Reserved Rights .
Retirement ......
R ules ..........


. . . . . . . . . 5 7
...11,48-50,59,61,63


.............. 46,49
............71-73,82
26-29, 32-35, 62, 69-70
. . . . . . . . . 5 7
............... 69-72
.............. 35,58
. . . . . . . . . 5 7
............65-66, 90
. .. . . . . . . 2 2
47, 55, 64-66, 80, 83, 90
. . . . . . . . . 9


. . . . . . .. . . . . . . . . . . . . . .2 6 -2 8 3 3
........................... 1, 2, 13, 18-19, 22, 63, 65
. . . . . . . .. . .. . . . . . . . . . . . ... 5 -7
1, 3, 7-8, 10, 12-13, 15-18, 21-22, 25, 27, 32-33, 41-42, 45,
.................. 47-49, 58, 60-63, 65, 68-69, 75-
76,78
. . . . . . . . . . . . . . . . . . . . . . . 7
.................... 5, 33, 39-41, 45, 59, 61, 63, 67-72
....... 2, 4, 8-11, 39, 42-43, 45-46, 49, 55, 57, 67, 69, 71



S


Sabbaticals .......................................... 8, 35, 58, 60-62, 71
Safe Conditions .................................................... 57
Salaries ................................. ........... 10, 63-64, 66-67, 72
Service ............... 1, 4, 7, 10-13, 16-17, 20-22, 24-28, 30-33, 36, 38-39, 42-44,
.. ........... .......................... 49-50, 56, 58-64, 66-71, 74, 76, 78


Severability ...................
Sexual Harassment ............
S te p 1 . . . . . . . . . . . .
S te p 2 . . . . . . . . . . . .
Summer Appointment ...........
Summer Assignment ...........
Sustained Performance Evaluation


. . . . . . . . . . . . . . . I L
. . . . . . . . . . . . . . 8 9
................ 51-54, 56-57, 84-86
.............. 6, 51-54, 56-57, 86-87
.................... 12-14, 17, 25
. . . . . . . . . . . . . . . 1 7
...................... 14, 20-21, 32


Teaching ..........
Tenure ...........
Transfer of Tenure .
Travel Advances ....


..5-7, 12-14, 17-18,
. 1,8,11,14-17,20,


20-21, 27,45,49, 61,
23, 26-35, 50, 55, 58,


Printed: May 2001




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