Article 12: Instructors

12.01 Appointment(s) of instructor Members shall be made following the procedures set out in this Article 12. When a recommendation has been made for a specific appointment, a letter signed by the appropriate Dean or Vice-President shall be sent to the candidate and such letter shall list the primary duties, initial salary and benefits, full-time or part-time status of the appointment, status of the term of the appointment, shall state the single fraction of full-time duties as provided in Clause 12.03, and shall set out the Department to which the appointment is to be made, and a copy of the Collective Agreement shall be included.

12.02 The Board shall consult with the Association Members of the Association-Board Committee on the salary, creditable years of service, and other terms and conditions of employment for each person to be appointed to a position in the bargaining unit prior to making such an appointment.

12.03

(a) There shall be a job description, including related workloads, prepared by the appropriate Department in consultation with the Member concerned for each current position held by instructor Members. Where an instructor Member is employed during any twelve-month period for less than twelve (12) months, the legitimate requirements as provided in Clause 12.14, shall be included in the instructor Member’s job description. For all part-time instructor Members, the job description shall include the single fraction of full-time duties associated with the position and this fraction shall not be less than one-half. In the event of any disagreement, the matter will be resolved at a Departmental meeting which all Members in the Department shall have the right to attend. If a vote is taken on the resolution of the disagreement, all Members present shall be entitled to vote.

(b) When a new position is created, a job description shall be prepared by the Department prior to posting of the notice referred to in Clause 12.10(a). At the time of posting or advertising, a copy of the job description shall be provided to the Association. Such job description shall comply with Clause 12.03(a).

12.04

(a) Each instructor Member shall receive a copy of his or her job description and a copy shall also be provided to the Association.

(b) An instructor Member whose workload exceeds the normal workload performed in accordance with his/her existing job description and the existing policies and procedures within the Department shall be entitled to additional remuneration equivalent to that fraction of the Member’s salary that the overload represents of the Member’s normal workload.

12.05 Reasonable revisions to the job description shall be made, when appropriate, by the Department in consultation with the instructor Member involved. In the event of disagreement, the matter will be resolved using the mechanism given in Clause 12.03(a). The instructor Member and the Association shall each be provided with a revised copy.

12.06 Instructor Members shall disseminate knowledge and understanding through teaching and shall carry out such other activities as may be defined by the Collective Agreement as well as by the job descriptions for their positions.

12.07

(a) It is recognized that all instructor Members have the right and responsibility consistent with their individual job descriptions to maintain their professional development within the area of expertise in which they are employed, to teach conscientiously and competently, to organize and structure activities, and where appropriate, to supervise demonstrators, tutors, markers, teaching assistants and/or other instructors.

(b) Instructor Members who currently attend and vote at Departmental meetings shall continue to have the right to do so. Further, in all cases, instructor Members can attend and vote in Departmental meetings where such meetings involve matters relating to instructors.

(c) Instructor Members shall have the opportunity and the responsibility to serve, where appropriate, on departmental, Faculty and other University committees. Should such service conflict with other assigned duties and responsibilities of the instructor Member, then mutually satisfactory arrangements shall be made in advance within the appropriate Department.

12.08 Assessment of instructor Members shall focus on the effectiveness and general competence with which teaching and other assigned duties and responsibilities are carried out. In assessing teaching effectiveness, opinions of students (subject to Clause 18.09), other Members, and other teaching staff shall all be taken into account, insofar as is appropriate, and each class of opinion shall be given due and fair consideration and no class of opinion shall be given undue or unfair consideration or weight. Wherever possible, such opinions shall be based on firsthand knowledge of the instructor Member’s performance in the classroom, laboratory or field.

12.09 In formulating assessments of the performance of duties and responsibilities that the instructor Member has had a reasonable opportunity to undertake, judgment shall relate to the normal performance level of other Members with the same general responsibilities, duties, and/or experience.

Appointments, Reappointments, and Continuing Term Appointments

12.10

(a) When an instructor position opening occurs within the bargaining unit, a notice shall be posted publically using a University-wide communication tool and in the Department or other such unit for at least one (1) week, and shall include a description of the position, including whether the position is for twelve months in any academic year or a portion thereof, qualifications required and the final date for written applications. If no qualified instructor Member applies or is appointed within one (1) month, the position shall be advertised, although the position may be advertised earlier. The position shall be advertised in appropriate publications which normally shall include, if publication time permits, at least University Affairs, the CAUT Bulletin, and one Canadian professional publication, if such exists, suggested by the Department. If publication time does not permit such normal advertising in University Affairs, the CAUT Bulletin and a Canadian professional publication, any appointment made shall be in accordance with Clause 14.16(a)(i) or (vi), for a period no longer than one year, and normal advertising shall take place no later than the 1st of April following the date of the limited-term appointment.

(b) Preference will be given to instructor Members who, in the judgment of the Departmental Appointments Committee, are suitably qualified for the position.(c) Technology Instructors in continuing appointments who compete successfully for positions as Instructor in the Faculty of Agriculture shall assume their positions in continuing appointments, but shall be hired at the rank of Instructor, subject to Clause 12.11(b).

12.11

(a) Appointment of instructor Members shall be one of three kinds:

(i) probationary appointments;

(ii) continuing appointments;

(iii) limited-term appointments.

The duration of these kinds of appointments, and the process of appointment and reappointment are described in Article 14, and Clauses 12.16 and 12.17. Limited-term appointments shall only be made pursuant to Clause 14.16(a), Sub-Clauses (i), (ii), (iii), (vi), (vii), (x) and Clause 14.16(b), Sub-Clause (vi).Instructor Members holding limited-term appointments shall be informed of the limited-term of their appointment in their letter of appointment.(b) Initial appointment of instructor Members shall normally be as Instructor. However, in exceptional circumstances, an instructor Member may be initially appointed at the rank of Senior Instructor or University Teaching Fellow.

12.12

(a) A Departmental Appointments Committee shall make recommendations to the Dean through the Chairperson regarding all appointments, reappointments, continuing appointments, and promotion to University Teaching Fellow and such committee shall include an instructor Member (other than the individual under consideration) from the Department. When no other instructor Member is available from the Department, then an instructor Member shall be named by the Association to serve on the Departmental Appointments Committee. No instructor Member shall be appointed or reappointed or promoted to University Teaching Fellow unless he or she has been recommended by such a committee. Each Department shall develop written procedures for the evaluation and assessment of instructor Members, based upon the criteria set out in this Article 12, and such evaluation and assessment shall normally take place no later than 31 October. In the case of reappointment or consideration for a continuing appointment or promotion to University Teaching Fellow the instructor Member shall have the right to be heard by and submit a written statement to the Departmental Appointments Committee.

(b) In no case shall deliberations be transacted in the absence of a quorum, which shall be two-thirds (2/3) of the members of the Committee (rounded to the nearest whole number) and which always shall include one instructor Member. In the event of a resignation from the Committee before the Committee has begun to interview candidates, the resulting vacancy shall be filled by election. If interviews with candidates have commenced, the vacancy shall remain unfilled for the balance of the deliberations.

12.13 At each step of the process for reappointment, consideration for a continuing appointment, or promotion to University Teaching Fellow (Departmental Appointments Committee, Chairperson, appropriate Dean or Vice-President), recommendations shall be made known to the instructor Member concerned. Any recommendation that reappointment or continuing appointment or promotion to University Teaching Fellow not be granted, or that consideration be deferred (except where the instructor Member has requested deferral) shall include a written statement of the reasons for the recommendation in respect to the criteria given in this Article 12, and in sufficient particularity to allow the instructor Member to respond to any alleged deficiencies from the facts of his or her case.

12.14 Normally, appointments of instructor Members shall be for twelve (12) months in any academic year. In no case shall an instructor Member be appointed for less than eight (8) months in any academic year, except when the appointment is to replace an instructor Member on leave, in which case the appointment shall be for a period which is not to exceed the duration of the leave and may be shorter than the duration of the leave provided the requirements of the position as given in the job description reasonably can be met. Members whose appointments are for less than twelve (12) months in any year shall become eligible to be considered for classification as Senior Instructor in the fifth academic year of their appointment.

12.15 Subject to the terms of this Collective Agreement, all instructor Members who are currently employed for twelve months in any academic year shall continue to be employed for twelve months in any academic year, unless the Member and the Department agree to a change as given in Clause 14.07.

12.13

(a) It is expected that the effectiveness and general competence with which teaching and other primary duties and responsibilities are carried out by the instructor Member shall be at the norm for other instructor Members as specified in Clauses 12.08 and 12.09.

(b) An instructor Member will be advised in writing as to whether or not he or she shall be reappointed not later than 31 October. Should his or her term not be renewed, he or she will be provided with written reason(s) at the time of notification.

12.14 Normally, appointments of instructor Members shall be for twelve (12) months in any academic year. In no case shall an instructor Member be appointed for less than eight (8) months in any academic year, except when the appointment is to replace an instructor Member on leave, in which case the appointment shall be for a period which is not to exceed the duration of the leave and may be shorter than the duration of the leave provided the requirements of the position as given in the job description reasonably can be met. Members whose appointments are for less than twelve (12) months in any year shall become eligible to be considered for classification as Senior Instructor in the fifth academic year of their appointment.

12.15 Subject to the terms of this Collective Agreement, all instructor Members who are currently employed for twelve months in any academic year shall continue to be employed for twelve months in any academic year, unless the Member and the Department agree to a change as given in Clause 14.07.

Probationary Appointments.

12.16

(a) It is expected that the effectiveness and general competence with which teaching and other primary duties and responsibilities are carried out by the instructor Member shall be at the norm for other instructor Members as specified in Clauses 12.08 and 12.09.

(b) An instructor Member will be advised in writing as to whether or not he or she shall be reappointed not later than 31 October. Should his or her term not be renewed, he or she will be provided with written reason(s) at the time of notification.

Senior Instructor.

12.17

(a) An instructor Member, after completion of at least four (4) years of service or as provided in Clause 12.14, shall have the right to be considered for classification as Senior Instructor, and upon classification as Senior Instructor appointment shall be on a continuing term basis commencing at the beginning of the sixth year. In counting years of service towards a continuing appointment as Senior Instructor, any years in which a Member would have been eligible for membership in the bargaining unit, had it existed, may, with the consent of the instructor Member, be included. Subject to Article 28, an instructor Member with a continuing appointment may be dismissed for cause; in addition, his or her appointment may be terminated in accordance with the provisions of this Collective Agreement relating to resignation, retirement, or through the procedures provided in Articles 25 and 27.

(b) Instructor Members may request in writing early consideration for appointment as Senior Instructor, and in such cases the appropriate Dean or Vice-President may waive the normal requirements for consideration for classification as Senior Instructor as provided in Clause 12.17(a), and shall notify the Member in writing within two (2) months of such request, stating whether or not the requirements will be waived.

(c) Requests for consideration for classification as Senior Instructor by Members eligible pursuant to Clauses 12.17(a) or 12.17(b) shall be considered first by the Departmental Appointments Committee, which shall make recommendation to the appropriate Dean or Vice-President through the Chairperson. If the Chairperson does not agree with the recommendation of the Departmental Appointments Committee, he or she may submit a separate recommendation to the appropriate Dean or Vice-President. Such requests shall be processed as soon as possible and not later than the end of the Fall term of the academic year in which the request is made, provided it is made prior to 31 October.

(d) In considering the request of an instructor Member for classification as Senior Instructor, the Departmental Appointments Committee shall satisfy itself that the effectiveness and general competence with which teaching and other primary duties and responsibilities are being carried out by the Member are at the norm for other instructor Members, as set out in Clauses 12.08 and 12.09.

(e) When the decision on a continuing appointment as Senior Instructor is unfavourable, reasons shall be provided in writing and shall be based upon criteria established in this Article 12 and in Clause 12.17(d), and in sufficient particularity to allow the instructor Member against whom the decision was made to respond to any alleged deficiencies from the facts of his or her case. The Department may, upon the request of the instructor Member, reconsider him or her for a continuing appointment in the Fall of the year following the original consideration.

(f) The Member shall be informed in writing of the appropriate Dean’s or Vice- President’s decision normally by 31 December and in no case later than 15 January.

University Teaching Fellow

12.18

(a) On the initiative of the instructor Member or the appropriate Chairperson, Head, Director or appropriate Dean or Vice-President, an instructor Member may be considered for promotion from the rank of Senior Instructor to that of University Teaching Fellow, but failing such an initiative, the Dean shall inform the Member, by 15 August, in the fifth year of his or her appointment as Senior Instructor, that he or she is eligible to be considered for promotion to the rank of University Teaching Fellow.

(b) Promotion to the rank of University Teaching Fellow, shall be recommended only when solid evidence is established that the Member has attained and is likely to maintain a high level of effectiveness in teaching and other primary duties and responsibilities that support the dissemination of knowledge and understanding and the Member’s teaching represents a significant contribution to the University.

(c) Solid evidence of teaching effectiveness and contribution shall demonstrate a professional commitment to progress as a university teacher and to leadership in university teaching. It may include evidence of mentorship of teaching colleagues, development of new courses, development of innovative teaching aids and techniques and scholarly activities related to pedagogy. It may also include other kinds of scholarly activity if scholarly activity is a requirement of the position set out in the instructor Member’s letter of appointment or job description.

(d) Requests for consideration for promotion to University Teaching Fellow by instructor Members eligible pursuant to Clause 12.18 shall be considered first by the Departmental Appointments Committee, which shall make recommendation to the appropriate Dean or Vice-President through the Chairperson. The Chairperson shall submit a separate recommendation to the appropriate Dean or Vice-President. Such requests shall be processed as soon as possible and not later than the end of the Fall term or the academic year in which the request is made, provided it is made prior to 31 October.

(e) The Chairperson or Dean shall obtain written recommendations, normally two, unless the instructor Member and the Dean agree that such letters are inappropriate. Any request for a written recommendation shall include the text of Clause 12.18(b), the instructor Member’s teaching dossier, and the instructor Member’s job description.

(f) Before the instructor Member is formally considered for promotion to University Teaching Fellow, he or she shall be informed and given the opportunity to be heard or to present a written statement. At any stage of consideration, the instructor Member may request that promotion not be considered or that consideration be terminated, and such requests shall be honoured.

(g) At each stage in the promotion process (Department or other similar unit, appropriate Dean or Vice-President and President), recommendations that promotion to University Teaching Fellow be granted, or that promotion not be granted shall be made known to the instructor Member concerned at the same time it is sent to the next stage.

(h) At each stage of the process of promotion to University Teaching Fellow, the instructor Member shall be given the reasons for recommendations and decisions in writing, with sufficient particularity to assist the instructor Member to understand the decision and with specific reference to the duties specified in Article 12, and additional job duties contained in the instructor Member’s letter of appointment or job description and the criteria and standards specified in Clause 12.18.

Technology Instructor

12.19 Notwithstanding Clause 12.11(b), an instructor Member whose duties and responsibilities are 50% or more in Diploma Programs in the Faculty of Agriculture and who is required to have a diploma qualification only shall be appointed as a Technology Instructor I, unless the Member has a University degree in which case the Member shall be appointed as a Technology Instructor II; all other provisions in Article 12 shall apply to Members who hold the ranks of Technology Instructor I, II or III.

12.20 A Technology Instructor Member who obtains a university degree shall be promoted automatically to the rank of Technology Instructor II from the beginning of the academic year in which the university degree is obtained.

12.21

(a) Technology Instructor Members in the bargaining unit at the date of this agreement shall be appointed with a continuing appointment.

(b) A Technology Instructor Member appointed after the date of this agreement who has completed four years of service shall have the right to be considered for a continuing appointment commencing at the beginning of the sixth year and the procedures in Clause 12.17 dealing with the consideration of an instructor Member for a continuing appointment shall apply.

(c) In evaluating Technology Instructor Members for appointment, reappointment, and continuing appointment, consideration shall take account of:

(i) formal qualifications or their equivalent;

(ii) relevant professional experience;

(iii) where applicable, effectiveness of the Technology Instructor Member’s performance of the duties and responsibilities specified in their letter of appointment, job description, and in Article 12.

12.22 On the initiative of the Technology Instructor II Member or the appropriate Chairperson, Head, Director or appropriate Dean or Vice-President, a Technology Instructor II may be considered for promotion to the rank of Technology Instructor III, but failing such initiative, the Dean shall inform the Technology Instructor II, by 15 August, in the fifth year of his or her appointment as Technology Instructor II, that he or she is eligible to be considered for promotion to the rank of Technology Instructor III.

12.23 Promotion to the rank of Technology Instructor III shall be recommended only when solid evidence is established that the Member has attained and is likely to maintain a high level of effectiveness in teaching and other primary duties and responsibilities that support the dissemination of knowledge and understanding, and the instructor Member’s teaching represents a significant contribution to the University.

12.24 Solid evidence of teaching effectiveness and contribution shall demonstrate a professional commitment to progress as a teacher and to leadership in teaching. It may include evidence of mentorship of teaching colleagues, development of new courses, updating existing courses, effective use of teaching aids and techniques, development of innovative teaching aids and techniques, involvement in curriculum development, organization of laboratories and successful public or continuing education activities.