Part 7: Conditions of Appointment for Sessional Lecturers

July 1, 2014 to June 30, 2016

Preamble
1. Interpretation
2. Appointment Process
3. Reappointment
4. Assessment of Length of Service
5. Continuing Appointments
6. Assignments
7. Evaluation of Initial Appointment
8. Performance Evaluation
9. Consultation Process at the Departmental Level Regarding Appointment and Reappointment
10. Non-Renewal of Appointment
11. Termination of Sessional Appointments
12. Eligibility for Other Appointments
13. Leave of Absence Without Pay or Benefits
14. Expedited Grievance Procedure / Expedited Arbitrator (EA)
15. Procedures for the Library, Institutes, Schools and Faculties without Formal Departments
16. Application
Appendix A. Letter of Understanding re Calculation of Length of Service


Preamble

The University and the Faculty Association recognize the important contribution of Sessional Faculty Members to the University in the achievement of its purposes, and, specifically, its teaching mission.

Sessional Faculty Members have a right to fair terms and conditions of employment within the many distinct administrative structures of the University community.

The University and the Faculty Association recognize that Sessional Faculty Appointments are determined by institutional realities which affect the availability of Sessional Faculty Appointments.

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Article 1. Interpretation

1.01            “Sessional Lecturers” means a Faculty Member appointed by the Board of Governors to teach credit course(s), full-time or part-time, or to perform related duties such as course coordination or laboratory supervision, for a period of less than twelve (12) months.

1.02      “Part-time” means an appointment where the duties of the appointee are less than full-time, including teaching any credit course(s).

1.03       “Full-time” will be defined Faculty by Faculty, as is given by the current pattern in different types of academic activities, although normally the primary focus is teaching.

1.04        Teaching performance” includes performance in all credit courses in which the Sessional Lecturer is hired to teach.

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Article 2. Appointment Process

2.01      A description of the appointment process as referred to in Article 9 shall be drawn up by each Department.  This description will provide for the need to make emergency appointments, and for the need to change appointments by substituting or adding teaching assignments or other duties.  This description will be posted in the Department and will be kept on file in the Dean’s Office with a copy to the Faculty Association.  A copy of the description shall be given to an applicant who requests it.

2.02       New positions will be posted in Departments for at least two (2) weeks.  A copy of all postings shall be sent to the Faculty Association.  Vacancies or changes in existing appointments arising as the result of unforeseeable events do not have to be posted.

2.03       The principal duties of an appointee will be set out in writing, e.g., (1) course(s) to be taught; (2) coordination responsibilities; (3) lab responsibilities.  If the appointment is part-time, the percentage of that appointment in relation to the duties of a full-time appointment will be clearly stated.  Part-time percent shall be calculated as a percentage of full-time employment for the period of the Sessional Lecturer’s appointment only, that is, not as a fraction of the whole winter session or the full year.

2.04       Any work required outside the period of appointment will be clearly stated in the appointment letter and remuneration for the work will be provided for.  If the final exam is scheduled within three (3) days of the end of the appointment or outside the appointment period, an additional $250 shall be paid for marking.

2.05    A copy of this Agreement shall be supplied to the Sessional Lecturer with the appointment letter.

2.06       Candidates for initial appointment at the rank of Sessional Lecturer are judged principally on qualifications, performance in teaching, and experience.

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Article 3. Reappointment

3.01        As a general principle, Sessional Lecturers have the right to reappointment in accordance with Part 7: Conditions of Appointment for Sessional Lecturers and subject to Article 10.1.

3.02       Candidates for reappointment are judged principally on performance in teaching, based on formal evaluation of their performance in all of the courses taught in the previous twelve (12) months. All such evaluations shall be consistent with the criteria and procedures outlined in Articles 7 and 8.

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Article 4. Assessment of Length of Service

4.01        Length of service to the University shall be recalculated at the end of every appointment.  Length of service to the University includes all credit courses taught.  Length of service shall be calculated on the basis set out in the Letter of Understanding re Calculation of Length of Service dated January 22, 2004 (Appendix A).

4.02        For the purpose of calculating full-time equivalent months of service, each course taught outside of the regular winter session will be given the same weight as it is given when taught during the regular winter session.

4.03       Sessional Lecturers whose duties fall to less than 50% of a full-time Sessional Lecturer due to lack of funding or non-scheduling or cancellation of a course or section offering (as per 10.1(b) or (c)) shall maintain member rights as if holding an appointment at or above 50%, including benefits, for a period of twenty-four (24) months commencing from the date at which the workload fell below 50%.

4.04       Subject to Article 10.7, Sessional Lecturers who are not offered a further appointment will maintain their accumulated length of service to the University for a period of twenty-four months.  The twenty-four (24) month recall period will be extended only by the period of maternity leave or certified illness.  During that period the University must post position(s)/course(s) that come available and provide copies to the Faculty Association.  Other factors being relatively equal, length of service shall be the determining factor in assigning the position(s)/ course(s).

4.05        The University shall provide a Sessional Lecturer with an updated report of his /her accumulated service to the University at the beginning of each appointment, with a copy to the Faculty Association.

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Article 5. Continuing Appointments

5.01        a)   When a Sessional Lecturer’s appointments cumulatively equal three (3) years (thirty-six months) of full-time appointment over a period of six (6) or fewer consecutive academic years (July to June) he or she is a Sessional Faculty Member with a Continuing Appointment.

b)   The Sessional Lecturer’s Continuing Appointment is effective on the completion of 36 months of full-time equivalent service.

c)     The University shall extend the periods in paragraphs (a) and (b) to accommodate maternity leaves.  The Parties will resolve individual cases of temporary, emotional, or physical incapacity in accordance with the usual practice.

5.02        A Sessional Lecturer with a Continuing Appointment has a right to:

a)       reappointment for a period of time equal to the same length of time and on the same basis, full or part-time, as the appointment he or she held in the winter session of the academic year (July to June) in which the Continuing Appointment becomes effective, subject to Article 10.1; and

b)       assignment to a course load in any academic year at least equal to the percentage of full time equivalent upon which his/her Continuing Appointment is based, subject to Articles 6.1 and 10.1.

This Article does not preclude the University from changing course assignments or other duties, or the terms in which teaching is assigned.  Any increases in workload shall be subject to Article 2.3 of this Agreement.

5.03        Notwithstanding Article 5.2(a), where a Sessional Lecturer’s course assignment at the time he/she achieves a Continuing Appointment is greater than a ten percent decrease from his or her average course assignment in the preceding two years, the University shall calculate the Continuing Appointment on the basis of that average.

5.04        If, in any year, due to Articles 10.1(b) or (c), the University assigns a Sessional Lecturer with a Continuing Appointment to a course load less than the level to which he or she is entitled pursuant to Article 5.2(b) then his/her course load entitlement in the following year shall not be affected.

5.05       A Sessional Lecturer with a Continuing Appointment may, from time to time, have additional course assignments but such additional course assignments shall not affect the nature of the Continuing Appointment.

5.06       Notwithstanding the provisions of Article 5.5, a review of each Continuing Appointment shall be conducted every three (3) years.  The purpose of the review is to determine whether, on the basis of an emerging pattern of course assignment, the percentage of time of the Continuing Appointment should be increased or decreased.

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Article 6. Assignments

6.01        In making Sessional course assignments, the University shall consider qualifications to perform the required work, quality and effectiveness of work performed and length of service. All evaluations of work performed shall be consistent with the criteria and procedures outlined in Articles 7 and 8 of this Agreement. Length of service shall be the determining factor only where the other factors are relatively equal.

6.02        Subject to Article 6.1, the University shall distribute available course assignments to Sessional Lecturers with Continuing Appointments:

a)       in accordance with their individual entitlement as determined by Article 5.2 (b), and

b)       in priority to other Sessional Lecturers.

6.03       In any circumstance in which a Sessional Lecturer with a greater than 50% appointment is a candidate for consideration for a course assignment, or is one of a number of candidates, some of whom have less than a 50% appointment, the consultation process set out in Article 9 shall apply. The consultation process set out in Article 9 shall not apply when all of the candidates for consideration have less than a 50% appointment.

6.04        Sessional Lecturers with less than full time appointments may apply for additional course assignments as they become available and they will receive first consideration for such teaching course assignments subject to the criteria in Article 6.1.

6.05     Departments shall include Sessional Lecturers with Continuing Appointments in existing departmental processes used to determine course loads and course assignments for the upcoming academic year in the same way and at the same time as tenured and tenure-track faculty are included in those processes.  The Department Head has discretion in making course assignments.

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Article 7. Evaluation of Initial Appointment

7.01            a)   If, during a Sessional Lecturer’s initial appointment serious concerns are raised with respect to his/her teaching performance the Department Head, or Delegate, shall within 30 days from the date the concern was raised investigate the concerns and may make recommendations for remediation and reassessment.

b)   If the Department Head or Delegate makes recommendations for remediation and reassessment, the Department Head shall re-evaluate the Sessional Lecturer within 30 days of the making of the recommendation, and in his/her discretion, may decide whether or not to reappoint the Sessional Lecturer.

c)     If, upon the completion of the investigation, the Department Head or Delegate does not make recommendations for remediation and reassessment, the Department Head, in his/her discretion, shall determine whether or not to reappoint the Sessional Lecturer, and shall so decide within 30 days from the date the concern was raised.

7.02         a)    If within 30 days of the completion of a Sessional Lecturer’s initial appointment, serious concerns are raised with respect to his/her teaching performance, the Department Head, or delegate, shall investigate the concerns.

b)   Upon the completion of the investigation in paragraph (a), the Department Head, in his/her discretion, shall determine whether or not to reappoint the Sessional Lecturer, and shall so decide within 30 days from the date the concerns were raised.

7.03        In exercising his/her discretion as contemplated within this paragraph, the Department Head or Delegate may consult and carry out such evaluation activities as he or she considers helpful.

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Article 8. Performance Evaluation

8.01        The performance of a Sessional Lecturer must be evaluated on a regular basis.

8.02       An individual’s entire performance of assignment duties as per Article 2.3 shall be assessed.  Evaluation of teaching shall be based on the effectiveness rather than the popularity of the instructor, as indicated by command over subject matter, familiarity with recent developments in the field, preparedness, presentation, accessibility to students and influence on the intellectual and scholarly development of students.  The methods of teaching evaluation may vary; they may include student opinion, assessment by Faculty, including other Sessional Lecturers, of performance in University lectures, course material and examinations, and other relevant considerations.  When the opinions of students or of colleagues are sought, this shall be done through formal procedures.  Decisions not to reappoint a Sessional Lecturer cannot be based exclusively on student evaluations.

8.03       In all cases of evaluation of performance, appointment or reappointment, judgements of an individual shall be made objectively.

8.04       Following evaluation of a Sessional Lecturer’s initial appointment, the Department shall continue to evaluate him or her on a regular basis, using the procedures for evaluation of Faculty teaching which prevail in the Department in question.

8.05        The Department Head shall review all of the teaching evaluations on an annual basis, and at the request of the Sessional Lecturer, meet with him/her.  The Department Head shall determine whether performance is of a sufficiently high standard to warrant reappointment.

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Article 9. Consultation Process at the Departmental Level Regarding Appointment and Reappointment

9.01        The Department Head shall consult formally at meetings convened for that purpose with eligible members of the Department in order to ascertain their views and to obtain their recommendation concerning the appointment of all Sessional Lecturers and the reappointment of Sessional Lecturers with appointments of at least 50% of full time.

9.02        Consultation shall be achieved through standing committees.  Each committee shall be a sub-committee consisting of not less than 3 members of the Department’s Promotion and Tenure Committee.  Representation from Sessional Lecturers may be added to these committees. The participation of Sessional Lecturers in the affairs and activities of the Department is solely within the prerogative of the Department and the practices and procedures it has established and may determine. Nothing in this Agreement precludes or entitles this participation other than as set out in Article 6.5.

9.03       Consultation shall be conducted according to procedures agreed upon between the Head and the members of the Department and approved by the Dean.  The Head shall ensure that each Sessional Lecturer with a Sessional Appointment in the Department is informed of the agreed procedures.  The Dean shall collect and maintain an open file of all such procedures, with a copy to the Faculty Association.

9.04       Consultation shall include consideration of all relevant information, including any relevant information submitted by the candidate, at formal meetings. The recommendation of the Departmental Standing Committee shall be that of the majority.

9.05        Decisions made by the Department Heads, in consultation with the Departmental Standing Committee, shall be communicated to the candidate in a timely fashion.

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Article 10. Non-Renewal of Appointment

10.01     The only reasons for non-renewal of appointment of a Sessional Lecturer shall be (a) teaching performance; or (b) lack of funding; or (c) discontinuance or non-scheduling of a course or section of a course; or (d) for just cause as is generally recognized at law.

10.02     Where a Sessional Lecturer is not reappointed due to unsatisfactory performance, the Department will immediately notify him/her of that fact in writing, with a copy to the Faculty Association.  Any denial of reappointment shall be accompanied by full reasons for the denial, demonstrating that the applicable criteria were properly considered.

10.03      A Sessional Faculty Member, following such notification, may request a meeting with the Department Head to discuss the reasons for the decision and to place additional information before the Head.  Such a meeting will be held within seven (7) working days of the request.  The Sessional Faculty Member is entitled to Faculty Association representation at that meeting if he/she wishes.

10.04      If a Sessional Lecturer wishes to file a grievance, the appropriate procedures, as set out in Article 20 of Part 1: Framework for Collective Bargaining shall be followed, commencing at the level outlined in Article 20.04.  Where the Parties mutually agree, grievances under this Article may be submitted directly to Expedited Arbitration under Article 14.

10.05     A Sessional Lecturer whose sessional appointment is not to be renewed shall be given at least one month’s notice and shall fall under the provisions of Article 4.4.  A Sessional Lecturer whose assigned course is discontinued or cancelled shall be given at least one month’s notice or the sum of $300.

10.06     Notice of non-renewal will not accompany the letter of appointment.

10.07     A Sessional Lecturer with a Continuing Appointment whose appointment is not to be renewed as per Article 10.1 (b) or (c) shall, at his/her election, retain the right to recall as outlined in Article 4.4, or receive a payment based on one (1) month’s salary for each year of full-time equivalent service.

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Article 11. Termination of Sessional Appointments

11.01       A Sessional Lecturer may only be terminated for just and reasonable cause (see Article 10, in Part 4: Conditions of Appointment for Faculty).

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Article 12. Eligibility for Other Appointments

12.01      A Sessional Lecturer may present his/her credentials to the Department Head at any time for consideration for appointment to a 12-month Lecturer position.

12.02     a)   In any circumstance in which the opportunity exists to create an additional 12- month Lecturer position, or a vacancy in such a position arises, existing departmental Sessional Lecturers shall be given notice and an opportunity to apply for the position.

b) The Department Head has the discretion, exercisable at any time in the process, as to whether the appointment shall be made from those candidates who apply internally, or whether the position is to be posted to invite application by, and consideration of, external candidates (and in the event of a posting, the factors considered shall be applied on the same basis as set out in Article 12.3).

12.03      Sessional Lecturers with Continuing Appointments may, on application, be considered for any other appointments which may be made from time to time. In applying for positions at the rank of Instructor, the Sessional Lecturer’s qualifications, demonstrated performance and length of service will be considered. Length of service shall be the determining factor in these appointments only where other factors are relatively equal.

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Article 13. Leave of Absence Without Pay or Benefits

13.01     A Sessional Lecturer with a Continuing Appointment may apply in writing to the Department Head or Equivalent for a leave of absence without pay or benefits. Such applications must have a start date and end date that coincide with an academic term, and shall not normally be for a period exceeding one academic year. Extensions of leave up to a further period of one academic year may be applied for in writing within a reasonable period of time prior to the expiry of the initial leave.

13.02      Sessional Lecturers on leave shall maintain their rights and length of service under this Agreement for the duration of the leave. They may arrange to maintain benefits coverage at their own expense.  Such leaves must be approved by both the Department and the Faculty, who shall apply their discretion in a reasonable manner.

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Article 14. Expedited Grievance Procedure / Expedited Arbitrator

14.01     Issues subject to expedited grievance procedure are (1) any dispute over qualifications to teach a course, (2) any dispute over determination of length of service, (3) any dispute concerning benefits, and (4) any dispute over placement on a salary scale.

14.02     Grievance hearings shall be scheduled within two (2) weeks of the notification to the Director of Faculty Relation or Human Resources (or designate).

14.03      The location of the hearings is to be agreed by the Parties.

14.04      The Parties will each prepare and submit to the Arbitrator a two (2) page summary of the facts, issues in dispute and proposed resolution of the grievance.

14.05      The Parties may make oral submissions, but each party’s submission shall be limited to 30 minutes.  The Parties agree to make limited use of authorities during their oral submissions.

14.06     Prior to rendering a decision, the Arbitrator may:

a)     require the production of documents he/she deems relevant to the grievance;

b)     examine any witnesses he/she deems relevant to the grievancee;

c)      exercise authority over matters listed in 14.1 of this Agreement;

d)       assist the Parties in mediating a resolution to the grievance.  Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.

14.07     The Arbitrator shall render a decision by selecting either of the proposed resolutions submitted by the Parties, or by fashioning a resolution that he/she considers reasonable, just, and equitable in the circumstances. The decision of the Arbitrator shall be final and binding on both Parties.

14.08      The decision of the Arbitrator may be rendered orally at the conclusion of the hearing or in writing within two (2) working days of the hearing.  Any written decision shall be limited to two (2) pages.

14.09     All decisions of the Arbitrator are to be limited in application to that particular dispute and are without prejudice.  These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.

14.10      The Arbitrator shall be drawn from a panel of three (3) people whose appointment shall be by agreement of the Faculty Association and the University.

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Article 15. Procedures for the Library, Institutes, Schools and Faculties without Formal Departments

15.01        Institutes and similar Academic Units shall follow the procedures consistent with those for Departments.

15.02       Schools and similar Academic Units shall follow the procedures consistent with those for Departments or Faculties, depending on what is appropriate in the circumstance.

15.03     Faculties not having a formal Departmental organization shall follow similar procedures.

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Article 16. Application

16.01     Vacation pay will be paid at 4% of gross earnings and will be paid with the salary payment each payday. After five (5) consecutive years of full-time equivalent service, vacation pay shall be increased to 6% of gross earnings. The salary to be paid and the vacation pay will be shown separately on the letter of appointment.

16.02     Sessional Lecturers holding less than a 50% appointment will receive the following benefits:

a)      Employee and Family Assistance Plan; and

b)       Sick Leave: incidental sick leave up to a maximum of 5 days per 4- month term. Casual absences in which the class/es are covered by another Faculty Member or where a class can be rescheduled will not be considered sick leave.

At the option of the employee, Sessional Lecturers holding less than a 50% appointment can apply for:

c)   Medical Services Plan and/ or Extended Health benefits; and

d)   Dental Plan.

The premiums for the Extended Health and/or Dental Plan will be shared 50-50 between the University and the Sessional Lecturer.

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Appendix A

Letter of Understanding Between the University of British Columbia and Faculty Association of the University of British Columbia

Agreement on Conditions of Appointment for Sessional Lecturers

Calculation of Length of Service

The University and the Faculty Association understand that the University’s current practice with respect to the calculation of length of service for Sessional Lecturers is as follows:

The number of credits being taught by a Sessional Lecturer is compared to the “full-time load” in each Faculty to determine the full-time equivalence (FTE) in months. The following full-time loads currently exist:

Full-Time Load Per Academic Term FTE of a 3-Credit Course in Months
6 credits 2.00
9 credits 1.33
12 credits 1.00
15 credits 0.80

Full-time equivalent months are then added together to calculate a Sessional Lecturer’s length of service at the University. For example, a Sessional Lecturer who taught 6 3-credit courses in a Faculty where 9 credits per academic term was full-time would have a total of (6 x 1.33 =) 8 FTE months.

The following provides the current application of length of service using FTE months only to the relevant articles in the Agreement:

Article FTE Calculation
5. Continuing Appointments 12 FTE months = 1 year
4. Assessment of length of service FTE months only
4.4 and 6.1 Length of service as a determining factor in reappointment FTE months only
10.7 Non-renewal of continuing appointments 12 FTE months = 1 year
12. Eligibility for other appointments FTE months only
17.3 Calculation of vacation pay 8 FTE months = 1 year
Additional Applications outside of this Agreement
For purposes of placement on the salary scale 8 FTE months = 1 year

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