Article 30: Overhead Policy and Transparency

1 December 13 and 14, 2012
6 Section 1. The Faculty Research Committee, made up of at least seven (7) faculty
7 members appointed by the University Senate, shall develop policies and
8 recommendations concerning the following:
10 1. The negotiation and establishment of university Facilities and Administration
11 (F&A) rates;
12 2. The collection and distribution of F&A funds;
13 3. The publishing of data describing the collection and distribution of F&A
14 funds;
15 4. The rates, collection, and distribution of non-F&A funds which may be
16 charged to grants;
17 5. The rates, collection, and distribution of the general overhead expense;
18 6. Bridge funding for faculty who are temporarily between grants.
20 Section 2.  The Faculty Research Committee will work closely with the Vice President
21 for Research and Innovation in developing these policies.
23 Section 3. The Faculty Research Committee will have recommendations ready by May 1,
24 2013. Recommendations will be forwarded to the Vice President for Research and
25 Innovation and the President for implementation. Copies will also be sent to the Union
26 and the President of the University Senate.

Article 24: Leaves

1 December 13 and 14, 2012
6 Leave Website
7 Section 1. The Administration, through the Office of Human Resources, will maintain a
8 website that lists all leaves for which faculty are eligible.
10 This website will also allow faculty to track their individual current leave allotment,
11 enroll in/contribute to the Faculty Leave Bank, and apply for leave.
13 Faculty Leave Bank
14 Section 2. The Faculty Leave Bank (Bank) shall be maintained for the benefit of faculty
15 who have chosen, pursuant to these policies and procedures, to be members of the Bank.
17 Section 3. Effective one month from the effective date of his or her date of initial
18 appointment, a faculty member shall automatically become a member of the Bank and
19 one (1) day of his or her sick leave shall be assigned to the Bank. Faculty may choose not
20 to participate in the Bank by completing a form for this purpose, which shall be made
21 available on the Human Resources website. Faculty may also choose to donate additional
22 days of accrued leave to the Bank at any time by completing a form for this purpose,
23 which shall be made available on the Human Resources website. Bargaining unit
24 members who have previously chosen not to participate in the Bank may become
25 members of the Bank at any time by donating one or more days of accrued leave and
26 completing a form for this purpose, which shall be made available on the Human
27 Resources website.
29 Section 4. The Administration and the Union shall each provide two (2) members for a
30 Faculty Leave Bank Committee (FLBC), which shall be responsible for managing the
31 campus Faculty Leave Bank and carrying out the responsibilities mandated in this Article
32 during the term of this Agreement; its decisions shall be final and binding and shall not
33 be subject to Article 15, Grievance Procedure. The Committee may also recommend
34 changes in Bank procedures, which shall, upon acceptance by the Administration and the
35 Union, become part of this Agreement.
37 Section 5. After the exhaustion of accrued leave, any member of the Bank shall be
38 entitled to use the Bank for any authorized sick leave purpose, effective upon notice to
39 the Office of Human Resources.
41 The granting of such sick leave shall be subject to the same criteria as sick leave days and
42 shall be consistent with university policy. A member is entitled to ninety (90) days of sick
43 leave from the Bank unless a majority of the Faculty Leave Bank Committee (see Section 2 December 13 and 14, 2012
1 5) votes to deny the request or to authorize a lesser amount. The member shall receive
2 days from the Bank until the Faculty Leave Bank Committee makes such a decision. The
3 number of days authorized by the Committee – if less than ninety (90) – or the ninety (90)
4 day limit may be extended if a majority of the Faculty Leave Bank Committee, acting on
5 a request from the member, votes to extend. If the member’s request for extension is
6 denied, the individual is not entitled to use the Faculty Leave Bank for the same purpose
7 until the member returns to work for one full term.
9 Section 6. A member of the Faculty Leave Bank drawing upon the Bank who is also
10 entitled to accumulate sick leave in accordance with this Article shall continue to do so
11 except that the amount of such sick leave shall accrue in its full amount to the Faculty
12 Leave Bank and not to the member.
14 Section 7. A department head/chair or the Faculty Leave Bank Committee may request at
15 any time that any member who is drawing sick leave from the Faculty Leave Bank
16 Committee submit a physician’s statement certifying the medical ground(s) for sick leave.
17 Any such member who thereafter fails or declines to submit such a letter shall not be
18 entitled to draw sick leave from the Bank for so long as he/she fails to submit the
19 requested certification.
21 Section 8. A member of the Bank who receives workers’ compensation may not draw
22 upon the Bank to supplement such compensation.
24 Section 9. Whenever the accumulation of leave days in the Bank shall fall below one
25 hundred (100) days, the Office of Human Resources shall notify the Bank members.
27 Sick Leave
28 Section 10. All faculty at .50 FTE and above will be credited with eight (8) hours of sick
29 leave for each full month of employment, or two (2) hours for each full week of
30 employment less than one month. Faculty employed at less than .50 FTE will be credited
31 a with a pro rata amount.
33 Sick leave is not earned or used during sabbatical leave, educational leave or leave
34 without pay. Sick leave credit shall be earned during sick leave with pay and during other
35 periods of paid leave. There is no limit on the amount of sick leave that may be accrued.
37 Section 11. Faculty who have earned sick leave credits must use the credits for any
38 period of absence from service that is due to the employee’s illness, injury, disability
39 resulting from pregnancy or other conditions, medical or dental care, exposure to
40 contagious disease, or attendance upon members of the employee’s immediate family
41 (employee’s parent(s), spouse or partner, spouse or partner’s parent(s), children, brother,
42 sister, grandmother, grandfather, son-in-law, daughter-in-law, or another member of the
43 immediate household) where the employee’s presence is required because of illness or 3 December 13 and 14, 2012
1 death. As an alternative, the faculty member can request to be on sick leave without pay.
2 The Administration may require a physician’s certificate to support the sick leave claim
3 for any absence in excess of fifteen (15) consecutive calendar days. The Administration
4 may require a physician’s certificate before allowing the employee return to work to
5 certify that the return would not be detrimental to the academic staff member or to others.
7 Section 12. Faculty shall be permitted to utilize sick leave without pay for up to one (1)
8 year after exhausting all accrued sick leave with pay. The faculty member must submit a
9 written request for leave and shall be required to submit a physician’s certificate.
10 Extensions beyond one year may be granted on a year-by-year basis.
12 Section 13. Faculty are eligible for salary continuance for up to ninety (90) calendar days
13 of absence due to illness through a combination of accrued sick leave, advance sick leave,
14 and use of the Bank. Each faculty member employed at .50 FTE or greater is entitled to
15 receive a sick-leave-with-pay advance as needed to provide the difference between sick
16 leave earned as of the onset of the illness or injury and 520 hours; faculty employed at
17 less than .50 FTE are eligible to receive a sick-leave-with-pay advance proportional to
18 FTE to provide the difference between sick leave earned as of the onset of the illness or
19 injury and a prorate of 520 hours. As sick leave is earned, the amount shall replace any
20 sick leave advanced until all advanced time is replaced with earned time. More than one
21 sick leave advance is possible as long as the total advance does not exceed 520 hours.
22 Faculty on fixed term appointment cannot receive an advance that extends beyond the
23 end date of the fixed term appointment except upon written approval of the President of
24 the University or designee.
25 Section 14. A faculty member is entitled to transfer any unused sick leave earned with
26 any other agency of the State of Oregon including sick leave earned in the classified
27 service provided the break in service upon transfer does not exceed two (2) years. A
28 faculty member who leaves employment with the State of Oregon and then returns is
29 entitled to reinstate the previous unused, accrued sick leave. A faculty member who
30 terminates employment is entitled to compensation for unused sick leave including in the
31 calculation of the Public Employees’ Retirement System (PERS) retirement benefit as
32 provided in ORS 237.153. As used in this subsection, and for these purposes only, the
33 term “any other agency of the State of Oregon” shall include and apply to the Oregon
34 Health & Science University (OHSU).
35 Section 15. Faculty employed to teach summer session or to work on summer wage
36 appointments are eligible to accrue and to use sick leave during the period of such
37 appointment.
38 Section 16. Upon request of the faculty member, following the birth or adoption of a
39 child, faculty will be granted a six (6) weeks full-salary paid leave. Faculty may also use
40 accrued sick leave and/or the Faculty Leave Bank up to a maximum of an additional 4 December 13 and 14, 2012
1 twelve (12) weeks. In the event that the faculty member does not have sufficient accrued
2 sick leave, advanced sick leave may be borrowed for the remainder of the first twelve
3 weeks. Based on the timing of the birth or adoption, this paid leave may extend into a
4 second term or semester, in which case this paid leave extends into the term or semester
5 designated for modified duties.
7 Section 17. In addition to the paid family leave described above, an eligible faculty
8 member has the option to take up to one term of modified duties at full pay status.
9 Modified duties status provides full or partial release from classroom and classroom-
10 related teaching responsibilities at full pay following birth or adoption, without using
11 accrued or advanced sick leave. This constitutes an extension of the existing leave
12 policies regarding birth or adoption.
14 Any release from or reduction of teaching responsibilities does not mean that the faculty
15 member will be required to carry more than a normal load before or after the leave.
16 Because the timing of births and adoptions is not easily accommodated by academic
17 quarters or semesters, the implementation of modified duties needs to be flexible.
18 Department heads should consult with the appropriate dean regarding any questions or
19 issues that arise regarding implementation.
21 Section 18. To be eligible for paid family leave and/or modified duties as described in
22 this policy, faculty members must have a tenure-related or Career NTTF appointment.
24 When both parents are eligible faculty members, both parents are eligible to receive paid
25 family leave and modified duties status as described in this policy.
27 Section 19. The Administration and the university colleges expect that faculty members
28 giving birth or adopting children will routinely use this benefit. Use of this benefit shall
29 not adversely affect the faculty member’s standing or salary in any manner.
31 Faculty members experiencing pregnancy, childbirth, or the adoption of a child shall have
32 the option of an additional probationary year before a tenure or promotional review, as
33 described in Article 12, Section 5 and Article 13, Section 5.
35 Vacation Leave
36 Section 20. Vacation means absence from work permitting rest and recreation for a
37 specified period of time during which regular compensation continues. Faculty gain
38 vacation privileges when employed at .50 FTE or more on a 12-month appointment.
40 Section 21. Eligible faculty accrue vacation on a monthly basis, beginning the first of the
41 month following date of hire or on the first of the month if an employee is hired the first
42 working day of the month. Vacation accrues on the last day of the month and is available
43 for use the first day of the next month, subject to the restrictions in Section 22 of this 5 December 13 and 14, 2012
1 Article. Faculty originally appointed to a 9-month contract subsequently appointed to a
2 12-month contract shall receive credit for the previous 9-month contract on a pro-rata
3 basis.
5 Eligible faculty with a 12-month, 1.0 FTE contract accrue fifteen (15) hours of vacation
6 per month; eligible faculty on a .50 FTE or more 12-month contract accrue vacation in
7 proportion to their FTE. Faculty who terminate their OUS employment before completing
8 the 6-month wait period receives no vacation and are not entitled to compensation for
9 vacation accrued.
11 Section 22. Vacation accrual is available to eligible faculty for use six (6) months after
12 vacation accrual begins. No employee may accrue in excess of 260 hours, and any
13 accrued vacation leave in excess of this cap will be forfeited, unless donated to the
14 Faculty Leave Bank.
16 Section 23. If an eligible faculty member transfers to another unclassified position and
17 remains eligible for vacation accrual, he or she shall transfer all accrued vacation leave to
18 the new position. If, however, there is a break in service of more than thirty (30) days, all
19 accrued vacation pay will be paid off by the sending institution and the employee will be
20 considered a new hire in the new position. Moving from position to position within the
21 same institution shall not be considered a transfer or a break in service for purposes of
22 this rule.
24 Section 24. If a classified employee at the university receives a faculty appointment at
25 the university and is eligible for vacation leave, the employee may bring up to 80 hours
26 of accrued vacation leave; the receiving department or institution may accept up to 250
27 hours maximum. The former classified employee shall receive cash compensation from
28 the sending department or institution for any remaining accrued vacation leave. The
29 former classified employee may use accrued vacation without serving a 6-month wait
30 period.
32 Section 25. The accrual of vacation leave is reduced on a pro-rata basis for the period of
33 leave without pay, sabbatical leave and educational leave. Vacation leave is accrued
34 during other periods of paid leave.
36 Section 26. Faculty are not entitled to payment for unused vacation leave except upon
37 termination of employment or upon transfer within the university to another position if
38 not eligible for vacation benefits. Unclassified employees who transfer to a classified
39 position within State of Oregon employment are subject to applicable OUS rules or
40 collective bargaining agreements governing payment for accrued vacation. The maximum
41 number of hours that can be paid upon termination or transfer is 180 hours.
426 December 13 and 14, 2012
1 Section 27. Vacation leaves are scheduled with the approval of the employee’s supervisor
2 and should be planned cooperatively with the employee. Supervisors may not
3 unreasonably deny vacation requests. For purposes of calculation, one normal work day
4 is the equivalent of eight hours of vacation leave for a full-time employee.
6 Section 28. Each department or institution is responsible for maintaining the individual
7 records of vacation accrual and use.
9 Bereavement Leave
10 Section 29. Faculty members shall be granted a leave of absence with pay for a
11 maximum of five (5) days upon the death of a employee’s parent(s), spouse or partner,
12 spouse or partner’s parent(s), children, brother, sister, grandmother, grandfather, son-in-
13 law, daughter-in-law, a person for whom the faculty member is the legal guardian, a
14 person for whom the faculty member is primarily responsible for making funeral
15 arrangements, or a person living in the faculty member’s household. If necessary, a
16 faculty member may use additional leave credits, including sick or vacation leave, or
17 leave from the Faculty Leave Bank.
19 Section 30. When death of an above-mentioned individual occurs while a faculty
20 member is on a scheduled vacation, the faculty member’s vacation will be converted to
21 bereavement leave for the period of time for which the employee would have otherwise
22 qualified.
24 Personal Leave
25 Section 31. Personal leave may be used at the faculty member’s discretion, unless such
26 use would unduly burden the department or employing unit.
28 Section 32. All faculty employed at .50 FTE or above shall earn eight (8) hours of
29 personal leave for each term they are employed, beginning on their first day of
30 employment.
32 Section 33. All faculty employed at less than .50 FTE shall earn eight (8) hours of
33 personal leave pro rated to their FTE for each term they are employed, beginning on their
34 first day of employment.
36 Section 34. No employee may accrue in excess of 64 hours. Any accrued personal leave
37 in excess of this cap will be forfeited, unless donated to the Bank.
39 Section 35. No faculty member can be required to pay for a substitute or in any way be
40 required to remunerate his or her employing unit when utilizing earned personal leave.

Article 12: NTTF Evaluation and Promotion

1 December 13 and 14, 2012
6 Section 1. All departments and programs that employ non-tenure-track faculty must have
7 a faculty-approved evaluation and promotion criteria policy for their NTTF. This policy
8 shall be made available to faculty and must be published on the Academic Affairs
9 website. Revisions to these criteria may not be applied so as to materially harm a
10 currently-employed faculty member’s progress toward promotion.
12 While the details and structure of NTTF evaluation are the responsibility of the
13 immediate academic unit in which the appointment is made, evaluations must follow
14 some general guidelines:
16 1. NTTF should be evaluated every 18 courses taught or 3 calendar years, whichever
17 comes first, but NTTF can request more frequent evaluations.
19 2. NTTF in instructional appointments are expected to have student course
20 evaluations offered for all courses with 10 or more students, and will undergo at
21 least one peer review of teaching each year. NTFF must be provided notice of the
22 standards for teaching on which he or she will be evaluated. The academic unit
23 shall identify the standards to be applied to such evaluation, and shall establish a
24 time frame for notification to the faculty member before a peer review is
25 conducted.
27 3. NTTF in research appointments will be evaluated for the quality of the effort
28 expended and the outcomes of their contributions to the research program.
30 4. NTTF will be asked to discuss their efforts and performance with their immediate
31 supervisor at least once each evaluation period.
33 5. NTTF will submit a 3-5 page personal statement developed by the faculty
34 member that describes his or her conceptual, theoretical scholarly orientation,
35 productivity, service work, and impact. This personal statement should
36 correspond to the structure and general content expected of the statement that will
37 be required for promotion.
39 6. NTTF can only be evaluated on his or her professional development activities that
40 require funding in relation to the access they have had to professional
41 development funding from their department.
422 December 13 and 14, 2012
1 Evaluations of NTTF are for the purpose of determining if the faculty member is meeting
2 the standard of excellence appropriate to a major research university. They should be
3 designed to help the faculty member grow as a scholar, identify areas of strength, and
4 identify areas that need improvement. If the faculty member is a Career NTTF, the
5 evaluation must indicate if the faculty member is progressing toward promotion. If the
6 faculty member is not progressing toward promotion, the evaluation should identify
7 specific areas for improvement.
9 Section 2. Only Career NTTF are eligible for promotion. Career NTTF will be eligible
10 for promotion to the first senior level after accumulating eighteen (18) terms (consecutive
11 or not) of service, accrued at no greater than three (3) terms per academic year.
13 Section 3.  Promotion is elective and does not involve an “up-or-out” decision.
14 Candidates wishing to be considered for promotion should notify their appropriate unit
15 head in the year prior to the year when promotion is sought, or equivalent FTE, in rank.
16 Career NTTF who do not wish to be considered for promotion may continue employment
17 at their current rank as long as eligible to do so under Article 9, Contracts.
19 An accelerated promotion review can occur in a meritorious case or when credit for prior
20 service at another institution has led to a contractual agreement to this effect at the time
21 of hire. The terms of hire should make clear where on the timeline an individual faculty
22 member stands; from that time on, subsequent advances in rank will be awarded
23 according to established promotion procedures. In all other cases in which credit for prior
24 service at another institution is agreed upon, scholarly work completed by the faculty
25 member during those years will receive full consideration during the promotion process.
27 Should a faculty member who has agreed to an accelerated review at the time of hire
28 choose to delay that review for the full six years of full time service, scholarly work
29 completed prior to arrival at the University of Oregon will be of secondary consideration
30 during the promotion and tenure process and consideration of scholarly achievement will
31 focus on work completed during the six full time years of service at the University of
32 Oregon.
34 Section 4. For faculty members holding multiple or joint appointments, a Memorandum
35 of Understanding will be entered into at the time of hire or assignment between the
36 different employing units specifying the expectations for promotion and tenure review.
38 Section 5. The Family Leave policy can affect the timing of promotion by “stopping the
39 clock” for a pre-specified and contractual period of time. Faculty members considering
40 such leaves should consult Article 24, Leave and the Office of Human Resources Leaves
41 Website. Faculty members should discuss the timing of leave and its relation to the
42 promotion decision with the department head who may also consult with the dean and the 3 December 13 and 14, 2012
1 provost to ensure that there is appropriate and clear written documentation of leave
2 agreements.
4 Promotion Review
5 Section 6. Academic and research units must have on file and provide to their Career
6 NTTF statements of criteria for evaluation and promotion of Career NTTF. A unit’s
7 promotion review process will commonly include a review committee, and this
8 committee should include NTTF at or above the rank sought by the candidate in addition
9 to any tenure-track faculty. At no point in the review process can a faculty member be
10 evaluated by any standards other than those on file and provided to the faculty member.
12 Each unit, with appropriate communication with the appropriate dean/director, should
13 determine whether or not external review will be included as part of the review and
14 promotion process for Career NTTF. If external reviewers are included, reviewers should
15 be those who can present an unbiased, knowledgeable, and objective evaluation of the
16 candidate and his/her qualifications. Eternal reviewers must base his or her evaluation
17 and judgment on the criteria in use by the academic department or program.
19 Internally, it is to be expected that those serving in supervisory roles to the candidate
20 (e.g., department head for Instructors, research mentor for Research Assistants, etc.) –
21 will provide letters of evaluation.
23 Required elements of a promotion file include:
24  Vita
25  Statement of duties and responsibilities
26  A candidate’s statement
27  Letters of evaluation.
28  Candidate may propose names of qualified outside referees, some of whom will
29 be contacted, if necessary
30  Statement of waiver, partial waiver, or non-waiver
31  Conditions of appointment
32  Departmental criteria for promotion
33  Memorandum(s) of Understanding between departments in the case of joint
34 appointments
35  Teaching evaluations and supplemental teaching materials
36  Evidence of professional activities
37  Department committee recommendation
38  Department head’s evaluation and recommendation
39  Dean’s Advisory Committee recommendation, where applicable
40  Dean’s evaluation and recommendation
41  Voting summary4 December 13 and 14, 2012
1 Section 7. Faculty members may choose to waive in advance their legal right of access to
2 see the evaluative materials submitted by all referees in conjunction with their promotion
3 and/or tenure review. Such waivers shall not, however, preclude redacted versions of
4 these documents may, however, being used during the denial of promotion appeals
5 process described in Article 14, Tenure Denial Grievance.
7 Section 8. Faculty members shall receive at least three (3) days notice of any meeting or
8 hearing related to the promotion process and an agenda for the meeting. Faculty members
9 have the right to have a Union representative or colleague present at any such hearings or
10 meetings.
12 Section 9.  Following the unit’s review and evaluation of the promotion file, the unit
13 head or director will prepare a report on the merits of the promotion case, including a
14 voting summary and his/her independent recommendation. If the unit chooses to have a
15 unit-level review committee prepare a report and recommendation, this report should be
16 included with the unit head or director’s report.
18 The file will then be sent to the dean of the academic unit in which the department is
19 located.
21 Section 10. Individual colleges may or may not choose to include a review by an
22 advisory committee prior to the dean’s recommendation. If they do, it will be necessary
23 for that college to constitute an appropriate NTTF Dean’s Advisory Committee (NTTF-
24 DAC), comprised primarily of tenured or tenure-track faculty, but also including
25 members who are themselves NTTF.
27 The dean (or other appropriate administrative head, for those units not reporting through
28 an academic dean) will prepare a report on the merits of the promotion case, including a
29 recommendation.
31 The file will then be sent to Academic Affairs.
33 Section 11. The Provost will review the file, with input from Academic Affairs and/or the
34 Office of the Vice President for Research and Innovation, and make a decision as to
35 whether to grant or deny promotion.
37 This notification will be provided in writing to the candidate by June 15.
39 Section 12. If, at any point in the promotion process a faculty member receives a
40 negative vote or evaluation, he or she will be notified, provided an written explanation of
41 the negative vote or evaluation from the appropriate supervisor (i.e., department head,
42 dean, Provost, or President), and the opportunity to submit rebuttal material within ten
43 (10) days.5 December 13 and 14, 2012
2 Section 13.  Successful candidates for promotion will assume their new rank beginning
3 with the following Fall term, or the nearest next term of employment should their
4 contract not begin with the Fall term.
6 Successful candidates for promotion will receive a salary adjustment of at least 10%,
7 effective simultaneously with assumption of the new rank (see Article 20, Salary).
9 Section 14. Faculty who are denied promotion may appeal the decision through the
10 procedures in Article 14, Tenure Denial Grievance.
12 Unsuccessful candidates for promotion will remain employed at their current rank, as
13 long as their failure to achieve promotion was not for reasons that warrant termination
14 (see Article 9, Contracts or Article 18, Discipline and Termination). Career NTTF who
15 are terminated will receive timely notice and a terminal contract. If NTTF have served
16 three (3) or more years at .50 FTE or greater, they will receive the same timely notice as
17 tenure-track faculty (i.e., a year’s notice of non-renewal).
19 Career NTTF who are unsuccessful at securing promotion may be considered for
20 promotion again after accumulating an additional nine (9) terms (consecutive or not) of
21 service at .50 FTE or greater, accrued at no greater than three (3) terms per academic
22 year.
23 Section 15. NTTF holding “affiliate,” “adjunct,” “visiting,” “fellow,” “postdoctoral” or
24 “emeriti,” appointments are not eligible for promotion.  All faculty, however, shall have
25 the right to petition for rank reclassification if they believe that their work was
26 misclassified at the time of first hire or their position has evolved to more closely
27 resemble a different classification.
28 Adjunct NTTF who believe that their positions should be Career NTTF appointments,
29 can petition for reclassification after completing their second year of appointment and/or
30 evaluation as described in this Article (see also Article 2, Academic Rank).