Terms and Conditions Of Employment

IV.1 Duties and Responsibilities

 

IV.1.1

Each faculty member shall be entitled and expected:

 

1. to perform the teaching duties allocated by the member's departmental or program Chair under the procedures outlined in IV.2.1 below; and, following the requirements of Senate regulations, to assume the responsibilities inherent in teaching at Trent University, notably but not exclusively:

    

   1. the preparation of, and reasonable adherence to, academic course syllabuses;

   2. conscientious grading of student assignments;

   3. availability for student consultations, including the posting of reasonable office hours;

   4. meeting with scheduled tutorial, seminar, laboratory, and lecture groups as specified in course syllabuses, except for reasonable change upon due notice where possible;

   5. submission of mid-year and final grades as required by departmental/program practice and the requirements of Senate;

       

2. to engage in research and other professional activities of a scholarly nature; and,

3. to accept a fair and reasonable share of administrative responsibilities through participation, as requested, in departmental, program, and University committees with the exceptions noted in IV.2.1.4.2; and to act as academic advisors within the college framework of the University, advising and assisting student advisees.

    

IV.1.2

Each librarian member shall be entitled and expected:

1. to perform the library duties allocated in the member's position description, and consistent with the procedures outlined in IV.2.2, provided that the assignment of "other duties as required" does not interfere with the degree of specialization required to meet the requirements for promotion and career development;

2. to accept a fair and reasonable share of administrative responsibilities through participation as requested in Library and University Committees and take an interest in and contribute to the shaping of general library policy. (However, Librarians at Ranks I and II shall not be required to serve on non-Library Committees, with the exception of the Library Services Committee.);

3. to act as academic advisors within the college framework of the University, advising and assisting student advisees; and,

4. to take an interest in and make contribution to at least one of:

    

   1. the profession at large; or,
   2. scholarship, research and university teaching.

    

IV.1.3 Facilities

 

In order to facilitate members' performance of their duties and responsibilities, the University shall make every reasonable effort to provide the necessary facilities and services to facilitate the work of the members including, but not limited to, provisions for suitable office space, telephone, secretarial, library, duplicating, and computer facilities.

 

IV.1.3.1

The University shall ensure that the computing needs of members are fairly and equitably treated in the allocation of computer services.

 

IV.1.3.2

The University shall ensure that the different needs of departments and programs are fairly and equitably treated in the allocation of computer services.

 

IV.2.1 Allocation of Teaching and Departmental/Program Duties

 

IV.2.1.1

Teaching, and general departmental/program duties, shall be allocated in a fair, equitable and reasonable manner taking into consideration the academic responsibilities and skills of individual members, the terms of members' appointments, the needs of the department's/program's academic program and, when possible, the preference of individual members.

Teaching duties and responsibilities will be determined by the departmental or program Chair following consultation with the appropriate departmental/program committee.

Members shall have the right to request reconsideration of their teaching and departmental/program duties by their departmental or program Chair during the two-week period immediately following its assignment. Failure to request reconsideration in this period negates any right the member has to have the assigned duties reconsidered.

Where a member requests, in writing, that a Chair reconsider his/her teaching and departmental/program duties, the Chair shall be expected to respond to the request, in writing, within ten (10) working days of receipt.

In allocating teaching duties and responsibilities, a departmental or program Chair is expected to take into account factors such as the following:

 

1. the number of separate courses taught by each member of the department/program, and the number of scheduled contact hours per course;

2. the number of hours of preparation, grading and administration per course, with appropriate additional emphasis where new course development and preparation is involved (a new course preparation will be defined as any course the faculty member has not taught in the previous four (4) years);

3. the number of students enrolled in each course, particularly where no Laboratory Demonstrator/Tutorial Leader/Marker assistance is expected to be provided;

4. the number of hours of student counselling per course, and the supervision of graduate students, reading courses and honours theses;

5. the level (i.e., introductory, upper year, graduate, etc.) and type (i.e., lecture, seminar, etc.) of each course;

6. assistance of others in the teaching of the course;

7. the individual faculty member's research and scholarship commitments;

8. particular consideration of the goal, endorsed by both parties, of fostering the academic development of members newly embarking upon their academic careers; and,

9. the university service of individual members;

10. whenever possible, a member shall be offered the opportunity to teach two (2) or more sections of the same course during the same academic year, as well as the opportunity to teach the same course during more than one (1) session of the same academic year;

11. the Dean shall endeavour to ensure that departments and programs establish a maximum number of undergraduate and graduate theses to be supervised by each of their members at any one time; members shall not be required to supervise more than that number;

12. the Dean shall ensure that members receive the necessary assistance with Reprotext arrangements;

13. over the life of this Agreement, the average advising load for members shall not exceed seventeen (17) advisees; the number of advisees in any year may be raised to nineteen (19) with the member's consent;

14. a Marking Assistance Committee shall administer an annual marking fund as set out in IV.2.1.1.1; and,

15. any other relevant factors.

     

It is not intended that departmental or program Chairs are expected to quantify, in any specific sense, those factors set out above or any others which are deemed to be relevant. However, it is intended that these complex matters ought to be carefully reviewed by each Chair prior to making a final determination of the allocation of teaching duties and responsibilities of department/program members.

 

IV.2.1.1.1

There shall be an Annual Marking Fund with a total allocation of $4.50 per student course based on the University's total year-end official undergraduate enrolment from the immediately-preceding academic year. The Marking Fund shall be used to provide TUFA members with marking assistance. Support from the Fund is not available for courses taught on overload. There shall be two (2) competitions, one in October for 80% of the Fund and one in January for 20% of the Fund, plus any surplus from the first competition. The monies shall be allocated to individual members through applications to the departmental or program Chair who shall submit the application on behalf of the Department/Program to the Dean. When denial of an application is contemplated, the Dean shall consult with Joint Committee.

The Marking Fund shall if possible be fully allocated by February 1 of each year. The Dean shall report after February 1 of each year how the Marking Fund was allocated. Any unallocated or unspent funds shall be allocated to the Dean's contingency fund.

 

IV.2.1.2

The Dean shall make every reasonable effort to redress workload imbalances within individual departments and programs and among departments and programs.

 

IV.2.1.3

When an academic department or program suffers the sudden, unexpected loss of a member, the Dean may authorize full or partial replacement paying particular attention to the teaching requirements of the department or program.

 

IV.2.1.4 University Service

 

IV.2.1.4.1

Members shall not be expected to serve on more than one (1) Senate or University committee at any one time. In addition, over any seven-year period, a member shall not be required to serve more than two (2) years on one (1) or more major University committee (i.e., Senate Budget, ADC, COAP, Graduate Studies).

At the request of the member, the Nominating Committee of Faculty Board will consider membership on Senate as equivalent to service on a major Senate or University committee, except in respect of the Chair of the Senate Budget Committee.

 

IV.2.1.4.2

For limited term appointments of two (2) years or less, and for the first three (3) years of probationary appointments at the lecturer or assistant professor ranks, members will not be expected to serve on Senate or University committees. Trent University Research Fellows will not be expected to serve on major University committees (see IV.2.1.4.1) during the period of the fellowship.

 

IV.2.1.4.3

Lack of service on Senate or University committees during the period of exemption set out in IV.2.1.4.2 will not be considered in renewal, re-appointment, promotion or merit decisions.

 

IV.2.1.4.4

The nominating committee of Faculty Board for faculty assignments to Senate committees will make known its nominations for the subsequent academic year's service no later than April of the current academic year.

 

IV.2.2 Librarianship

 

IV.2.2.1

Specific and general library duties shall be allocated in a fair, equitable and reasonable manner, taking into consideration the professional responsibilities and skills of individual members, the terms of members' appointments, the relation of librarians' duties to their research, scholarship, and professional activities, the needs of the library and, when possible, the preference of individual members.

 

IV.2.2.1.1

Library duties and responsibilities will be determined by the University Librarian following reasonable consultation with the Librarians' Committee.

Members shall have the right to request reconsideration of their workload by the University Librarian within ten (10) working days of its being assigned and the University Librarian shall be expected to respond in writing within ten (10) working days from receipt.

Account shall be taken of the workload guidelines formulated by the Librarians' Committee. None of the factors listed in the guidelines shall be taken to preclude other relevant factors.

The University Librarian shall give particular consideration to the goal, agreed to by both parties, of fostering the professional development of members newly entering upon their professional careers.

 

IV.2.2.1.2

Using the established workload guidelines, the University Librarian, in consultation with the Librarians' Committee, shall determine the normal workload for each librarian employee.

 

IV.2.2.1.3

When the Library suffers the sudden, unexpected loss of a member, the Vice-President (Academic) may authorize full or partial replacement paying particular attention to the provision of library service.

 

IV.2.2.1.4

Insofar as resources become available, every reasonable effort shall be made to increase the librarians' complement as this becomes necessary in order to respond to increasing demands on existing library services and resources.

 

IV.2.3.1 Voluntary Retraining

 

IV.2.3.1.1

The parties pledge themselves to cooperate in bringing about ways to facilitate the academic or professional retraining of members where the members voluntarily agree that such re-training is acceptable to them and where such retraining appears for good reason to be beneficial to the academic program or library services of the University.

 

IV.2.3.1.2

Plans for retraining shall be arranged amongst the member, the departmental or program Chair, the Chair of the department or program to which the member would be reassigned upon successful completion of the retraining, and the Dean. In the case of librarian members, plans for such retraining shall be arranged between the member and the University Librarian.

 

IV.2.3.1.3

Such retraining shall occur without loss of rank, salary, benefits, seniority or rights under this Agreement, except that any adjustments in departmental or program or library sabbatical plans occasioned by any prospective reassignment shall be made by the Joint Committee and made known before a retraining plan is finally accepted.

 

IV.2.3.1.4

All costs reasonably involved in such plans for academic retraining shall be assumed by the Board.

 

IV.2.3.1.5

There shall be no penalty for failure to accept such a plan or for failure to succeed in it, if such failure comes about despite every reasonable effort on the member's part.

 

IV.2.3.2 Technological Changes

 

IV.2.3.2.1

There shall be no reduction in employment for a librarian member as a result of automation or other technological change.

 

IV.2.3.2.2

When the employer determines that new or greater skills are required than are already possessed by affected librarian members under the present methods of operation, such members shall, at the reasonable expense of the Board, be given a reasonable period of time to acquire skills necessitated by the new method of operation. The Board in its sole discretion shall determine what is reasonable in terms of expense and time. There shall be no reduction in pay and benefits during the training period of any such member. It is recognized that the librarian member may initiate this procedure.

 

IV.2.4 Voluntary Early Retirement

 

See Appendix D, "Voluntary Early Retirement Program", which is attached hereto and which forms part of this Collective Agreement.

 

IV.2.5 Absence and Vacation - Faculty

 

It is understood that members will devote their working time to study, research, or other professional activities whenever they are not engaged in the teaching and administrative duties and responsibilities required under IV.1.1 (i) and IV.1.1 (iii) of this Agreement.

 

IV.2.6

When members are required to be absent from the University in the pursuit of study, research, or other professional activities during periods when they are required to perform specific teaching and administrative duties as required under IV.1.1 (i) and IV.1.1 (iii), such absence shall be arranged through advance consultation with the member's departmental or program Chair and written notice to the Dean (copy to the Chair) of the arrangements made. Where the absence is unexpected, as a result of illness or disability, and it is anticipated that the absence might extend beyond three (3) working days where teaching duties are scheduled, members shall inform the Dean of the anticipated duration of the absence.

 

IV.2.7

Members shall also provide information to their departmental or program Chair about their proposed summer schedules, and members shall indicate their anticipated vacation period which shall fall between the day following Spring Convocation and the final week of August. At the same time, members shall indicate where they can be contacted during any prolonged absence from the Peterborough area during the summer months.

 

IV.2.8

The annual salary for faculty members includes statutory vacation pay.

 

IV.2.9 Absence and Vacation - Professional Librarians

 

When professional librarian members are required to be absent from assigned duties due to the pursuit of approved study, research or other professional activities, such absence shall be arranged through advance consultation with the University Librarian. Where the absence is unexpected, as a result of illness or disability, members have an obligation to inform the University Librarian, as soon as possible, of the anticipated duration of the absence.

 

IV.2.10

The annual salary for professional librarian members includes statutory vacation pay, and vacation entitlements and arrangements for scheduling vacations shall be as set out in paragraph V.3.

 

IV.3 Geographical Limitation for Librarian Members

 

No librarian member shall be required to provide more than occasional services outside Peterborough except as may be specified in the member's letter of appointment.

 

IV.4 Professional Expenses Fund

 

In addition to the provisions for research established by other University policy, the Board shall establish for each member a Professional Expenses Fund which may be used in support of required duties under IV.1.1(ii) or IV.1.2(iv) (a) and/or (b) of this Agreement. Claims for reimbursement, together with original evidence of expenditures, shall be submitted to and processed by the Office of the Dean of Arts and Science. Receipts will be retained in the Office for audit purposes. Any materials remaining after use by the member for purposes of research shall be the property of the University. Eight hundred dollars ($800) shall be credited on the first day of July of each year to the Professional Expenses Fund of each member. On each June 30, unspent portions will be carried over to the next academic year, provided that the total on July 1 of any year will not exceed the sum of professional expenses and flexible benefits made available from the immediately-preceding three (3) years. Balances exceeding this amount on July 1 will have the excess permanently removed therefrom. Such removed balances shall be allocated to the Dean's contingency fund. A full accounting of each member's Professional Expenses Fund shall be provided at least twice during the academic year. Professional Expenses Fund entitlements shall be appropriately pro-rated in the case of limited term appointments which have terms of less than one year or duties and responsibilities that are less than full-time.

 

IV.5 Leaves and Sabbaticals

 

IV.5.1 Definitions

 

1. A leave is a period of absence by a member from duties provided in IV.1, authorized by the Board for a specified period of time and under conditions laid down by this Agreement.

2. A sabbatical leave is a paid leave for purposes of research and scholarly development, granted in accordance with the provisions concerning entitlement and authorization as defined in this Agreement.

3. A research leave is equivalent to, and carries the same conditions, benefits and obligations as a sabbatical leave, except as noted elsewhere in this Agreement and except that a research leave is based on banked course releases rather than EYS.

4. An academic unpaid leave is a leave for purposes of scholarly research or for teaching and research, other than as provided in IV.2.3.1, during which benefits shall continue as provided in this Agreement.

5. A general unpaid leave is a leave granted for purposes other than scholarly research or teaching, during which benefits shall continue as provided in this Agreement.

    

IV.5.2 Sabbatical Leaves

 

IV.5.2.1 Duration

 

A sabbatical leave shall be for a unit of six (6) or twelve (12) months. For librarian members only, a six (6) month leave may be divided into two (2) units of three (3) months provided that no librarians are thereby displaced, without their consent, from their place on the three-year plan.

 

IV.5.2.2 Accumulation of EYS

 

IV.5.2.2.1

A member shall be accredited with one-half (1/2) Earned Year of Service (EYS) for each six (6) months of service to the University, including any period of sabbatical leave.

 

IV.5.2.2.2

A member shall be accredited with one-half (1/2) EYS upon return to duties following an approved Maternity Leave.

 

IV.5.2.2.3

A member shall be accredited with one-half (1/2) EYS for each six (6) months of unpaid academic leave up to a maximum of two (2) EYS for any continuous period of such leaves.

 

IV.5.2.2.4

A member shall be accredited with one-half (1/2) EYS for each year of full-time service or equivalent at another university (a) subsequent to the most recent sabbatical or paid leave from such an institution or (b) since initial appointment if no sabbatical or paid leave has been taken, prior to the member's service at Trent University, up to a maximum of three (3) EYS. Allocations of EYS prior to the effective date of this Agreement shall not be subject to reconsiderations under this provision.

 

IV.5.2.2.5

Upon being granted a first sabbatical leave while holding an appointment at Trent University, a member with two (2) or fewer years of full-time service at another university, or none, shall be accredited with one (1) additional EYS towards that first leave. A member with three (3) years of full-time service at another university shall be accredited with an additional one-half (1/2) EYS towards that first leave.

 

IV.5.2.2.6

The service of members with part-time appointments shall earn EYS at the same rate as others (see IV.5.2.2.1), according to the length of service, not prorated. However, the percentage of salary to be paid during sabbatical leave (see IV.5.2.7) shall be a percentage of the full-time nominal salary prorated to the portion of full-time service corresponding to each period of EYS accreditation.

 

IV.5.2.2.7

Upon being granted a sabbatical leave, a member may elect to use any number of previously-accredited EYS towards that leave, and the number of EYS to be used shall be indicated by the member prior to the commencement of the leave. Any accredited EYS not so used shall be banked and may be used for a subsequent sabbatical leave.

 

IV.5.2.2.8

Notwithstanding any specific EYS entitlements which may be set out in this Agreement, no member may accumulate EYS in excess of fifteen (15).

 

IV.5.2.2.9

A member, including a member with a part-time appointment, shall be accredited with an additional EYS at the end of the academic year in which age 60 is attained. Notwithstanding IV.5.2.2.6, for the purposes of computing EYS for a member on a reduced-time appointment ( Article III.3.4) or Voluntary Early Partial Retirement ( Appendix D), the additional EYS at age 60, when paid out during sabbatical leave, shall not be prorated to the portion of reduced service. No EYS shall be accredited to a member during the last two (2) years before normal retirement date.

 

IV.5.2.2.10

Accumulated EYS credits shall not be the basis for any claim to compensation upon a member's retirement, death, resignation, or a member's leaving the University following denial of tenure or dismissal for cause.

 

IV.5.2.3 Eligibility

 

IV.5.2.3.1

To be eligible for a six-month sabbatical leave, a member shall have accumulated three (3) EYS, in addition to any EYS granted under IV.5.2.2.4, by the time the leave would commence.

 

IV.5.2.3.2

To be eligible for a twelve-month sabbatical leave or two (2) successive six-month sabbatical leaves, a member shall have accumulated six (6) EYS, including any EYS granted under IV.5.2.2.4, by the time the leave would commence.

 

IV.5.2.4 Entitlement

 

A member shall be entitled to a sabbatical leave when the procedures under IV.5.2.5.1 have been carried out, including written authorization from the Board to take such sabbatical leave.

 

IV.5.2.5 Scheduling

 

IV.5.2.5.1(a) Departmental/Program/Library Plans

 

1. After review by the Department/Program/Library Personnel Committee, and approval by the Departmental/Program/ Librarians' Committee, a departmental/program/library plan for sabbaticals shall be submitted to the Dean and COAP by NovemberÊ15 of each year.

2. The departmental/program/library sabbatical plan shall cover the three (3) year period subsequent to those years for which sabbaticals have already been approved, and shall list for each year which members of the department/program/library shall be scheduled to take sabbatical leave.

3. The departmental/program/library sabbatical leave plan shall reflect as closely as possible the requests for leaves for members, provided that due regard is paid to the needs of the department/program/library. Unless there is a contrary advantage for the academic/professional development of members, conflicting requests shall be resolved by the department/program/library in favour of the member having the greater number of EYS and/or the greater period of time elapsed since the last sabbatical leave.

4. The Dean shall review departmental/program three (3) year plans in COAP, and the Dean may require departments/programs to revise such plans on the grounds of departmental/program needs or, where members are cross-appointed to other departments or programs, on the grounds of the needs of those other departments or programs. The University Librarian shall review the library's three (3) year sabbatical plan and may require revisions to the plan on the grounds of library needs. The three (3) year plan shall then be forwarded to the Dean and COAP.

5. Following any such revision to departmental/program/library plans in any given year, and subject to sub-paragraph IV.5.2.5.1(c), no member shall be displaced by their department/program or by the Dean, or in the case of librarian members, by the University Librarian without their consent from their place on the three (3) year departmental/ program/library plan.

    

IV.5.2.5.1(b) Application for Sabbatical Leave

 

Applications for sabbatical leave shall in the first instance be submitted, for information only and not for assessment, to the Departmental/Program/Library Personnel Committee. This procedure is intended solely to assist members in the preparation and formulation of applications for sabbatical leave.

Applications for sabbatical leave shall be made by members in accordance with departmental/program/library three (3) year plans, and shall be forwarded to the Dean by February 15 of the academic year two (2) years prior to the academic year for which the leave is requested.

Applications shall include details of the member's plans for the proposed sabbatical leave, including its relationship to the member's research program and/or professional activity and including the location of the proposed project or projects. The Dean shall ensure that members are made aware of the requirement that updates to curriculum vitae and full curriculum vitae, as required under IV.8.3, must be available for use in consideration of the application.

 

IV.5.2.5.1(c) Decanal Review and Recommendation

 

The Dean shall assess applications for sabbatical leave, and shall consider the statement of the member's plans for the proposed sabbatical leave. After consultation with COAP, the Dean shall forward recommendations to the President, provided that such recommended leaves are scheduled in departmental/program plans by March 15 in the same year.

If the Dean is not satisfied with such an application, or if it is determined that the member has failed adequately to report sabbatical activities and accomplishments, in accordance with IV.5.2.8, the Dean may deny a sabbatical leave application. In such cases the following shall prevail:

 

1. The Dean shall submit the case for denial to COAP.

2. The Dean shall inform the member of the denial and the reasons.

3. COAP shall invite the member to respond within two (2) weeks to the case made by the Dean under (i). The response must be in writing and must contain whatever supporting evidence the member deems pertinent.

4. After considering the member's response, COAP shall advise the Dean and the member either that the denial should be upheld, or that the leave should not be denied.

5. Where COAP and the Dean remain unwilling to recommend to the President that a sabbatical leave be authorized by the Board, the member shall continue to have the right to apply for sabbatical leave in subsequent years, subject to departmental/program leave plans.

6. A member denied a sabbatical leave shall continue to be accredited with EYS in accordance with IV.5.2.2.

    

IV.5.2.5.1(d) Replacements

 

There shall be no guarantee that members on sabbatical leave in accordance with departmental/program plans will be replaced or partially replaced.

 

IV.5.2.5.2 Special Authorization

 

The Dean may, after consulting the department/program/library and COAP, and upon timely application by a member, recommend to the President special authorization for a sabbatical leave when the member is unexpectedly offered an unusual opportunity to further personal academic/professional development at a time not scheduled in a departmental/program/library plan. The Dean shall ensure that departmental/program/library needs are not harmed by such special authorizations, and the possibility of such harm shall be grounds for rejecting such an application. If the Dean decides against a request for such special authorization, reasons shall be provided in writing to the member.

 

IV.5.2.6 Discretionary Replacements

 

The Dean shall have discretionary power to authorize a limited number of full or partial replacements for teaching members on sabbatical leave. The Vice-President (Academic), on the advice of the University Librarian, shall have discretionary power to authorize a limited number of full or partial replacements for librarian members on sabbatical leave bearing in mind the needs of the library. Replacements for teaching members allocated by the Dean shall be on the basis of departmental or program need, paying particular attention to the needs of small departments and programs, and to the provision of the more frequent leaves accruing to departmental/program three (3) year plans. Such replacements shall be allocated as well so as to give effect to special authorizations for sabbatical leave when required.

 

IV.5.2.7 Salary and Benefits

 

IV.5.2.7.1

A member granted a six-month sabbatical leave shall receive the percentage of salary, as determined by the provisions of this Agreement, set out in the schedule below:

Number of EYS		Percentage of salary during leave
3		60
3-1/2		80
4		90
4-1/2		100

 

IV.5.2.7.2

A member granted a twelve-month sabbatical leave shall receive the percentage of salary, as determined by the provisions of this Agreement, set out in the following schedule:

Number of EYS		Percentage of salary during leave
6		60
6-1/2		70
7		80
7-1/2		85
8		90
8-1/2		95
9		100

 

IV.5.2.7.3

The Board shall provide to the member on sabbatical leave pension, life insurance, medical, dental, and other usual benefits. If the member while on sabbatical leave is on a salary of less than 100% of non-leave salary, the Board shall pay its contributions to the member's benefits as though the member were receiving non-leave salary, and in addition the Board shall pay that portion of the member's contributions, required by the difference between the member's actual salary while on sabbatical leave and non-leave salary. Non-leave salary is defined as the salary that would have been paid were the member not on sabbatical leave.

 

IV.5.2.7.3.1 Sabbatical Leave Support

 

In order to provide support for sabbaticants who remain in Peterborough during their leave, the University will endeavour to provide office/lab/work space, as available.

 

IV.5.2.8 Report on Leave

 

A member returning from sabbatical leave shall submit a report, of no more than two (2) pages, explaining academic activities and accomplishments in relation to the proposed leave as required in IV.5.2.5.1 (b). This report shall be submitted to the Dean/University Librarian within 90 days of the completion of the leave. The COAP/Library Personnel Committee shall review the reports. A summary of these reports, prepared by the Dean's Office, shall be published annually in the Trent Report or equivalent publication.

 

IV.5.2.9 Alternative Remunerated Employment

 

While on sabbatical leave, a member may accept awards or research grants from fund-granting agencies, but may not normally devote the time released from teaching duties under IV.1.1 (i) to remunerated employment. If alternative employment is part of the member's proposed use of sabbatical leave, this must be reported to the Dean, who may suggest or require a reduction in the number of EYS which may be applied to the sabbatical leave.

 

IV.5.3 Unpaid Leaves

 

IV.5.3.1 Procedures

 

IV.5.3.1.1

Applications for unpaid leave shall be made at a time sufficient to ensure that a suitable replacement can be secured. Such applications shall not be unreasonably denied.

 

IV.5.3.1.2

Applications for unpaid leave shall contain clear indication of the period for which leave is being sought, the type of unpaid leave sought, and the purpose of the proposed leave, including whether or not employment elsewhere is the purpose of the unpaid leave.

 

IV.5.3.1.3

Applications shall be judged with due regard to the academic/professional development of the member applying for the leave, the needs of the department/program/library and equity considerations, with respect to other members. In the case of general unpaid leave, the personal preferences of members shall be given due weight, as shall consideration of public interest.

 

IV.5.3.1.4

Applications for unpaid leave shall be reviewed by the member's departmental/program/library personnel committee and Departmental/Program/Librarians' Committee and shall be transmitted promptly to the Dean by the departmental or program Chair, or in the case of librarians, by the University Librarian, together with the recommendations of these bodies, and the Chair's or University Librarian's own recommendation.

 

IV.5.3.1.5

The member shall be notified of the Dean's intended recommendation concerning the application for unpaid leave, with reasons in writing if the recommendation is to deny the application, and the member shall have ten (10) days to respond to the Dean's statement and to request reconsideration.

 

IV.5.3.1.6

Following recommendation by COAP, the Dean shall make a recommendation for unpaid leave, including the specifications of the type of unpaid leave, to the President, and the Board shall not unreasonably prolong the communication of a decision on such a recommendation.

 

IV.5.3.2 Terms of Unpaid Leaves

 

IV.5.3.2.1

A member:

 

1. shall not be granted unpaid leave of more than two (2) consecutive years; and,

2. shall not be granted more than three (3) years of sabbatical leave, unpaid leave or full research leave in any seven-year period ending with the year in which a leave applied for would be completed.

    

IV.5.3.2.2

Where warranted by very special, unexpected and unusual circumstances, the maxima specified in IV.5.3.2.1 (a) and (b) above may be increased by no more than one (1) additional year. Requests for such an increase shall be subject to the procedures set out in IV.5.3.1 and must have the support of the member's Department/Program Committee and the additional leave shall, in every case where granted, be regarded as a general unpaid leave.

 

IV.5.3.3 Replacements for Unpaid Leaves

 

Members granted unpaid leave shall be replaced or partially replaced. Such replacements shall be available to departments/programs or the library to meet the academic/library needs created by the unpaid leave.

 

IV.5.3.4 Benefits and Entitlements

 

IV.5.3.4.1

The Board shall provide for a period of up to two (2) consecutive years to a member on unpaid leave pension, life insurance, medical, dental, and other usual benefits. The Board shall pay both its contributions and the member's contributions, as though the member were receiving non-leave salary as defined under IV.5.2.7.3. In the case of unpaid leaves which entail alternative employment, members shall ascertain whether or not the alternate employer will pay the University's share of the above-listed benefits and shall provide copies of the correspondence to the Dean.

 

IV.5.3.4.2

A member, upon returning from academic unpaid leave, shall be placed at the salary step equivalent to the step that would have been attained without the leave.

 

IV.5.3.4.3

A member on general unpaid leave shall not be accredited with career development increments or EYS for the period of such leave.

 

IV.5.3.4.4

Where an increase in leave has been authorized in accordance with IV.5.3.2.2, COAP may recommend to the Dean the awarding of full or partial benefit entitlements for the extended leave period.

 

IV.5.3.4.4.1 Leaves for Probationary Appointees

 

Under special circumstances, and upon the approval of the Departmental/Program/Librarians' Committee, the Departmental/Program/Library Personnel Committee, and the Departmental/Program Chair/University Librarian, members on probationary appointments may seek authorization for a maximum of one (1) year of sabbatical leave, unpaid leave or full research leave, but such period of leave must not be taken during a year in which they are to be considered for tenure/permanency.

 

IV.5.3.4.4.2 Limited Term Appointees

 

Members on limited term appointments shall not be eligible for either sabbatical leave or unpaid leave.

 

IV.5.4 Other Leaves

 

IV.5.4.1 Political Leaves

 

IV.5.4.1.1

Trent University is committed to the principle that members of an academic community should be free to enter public life and to engage in political activity.

 

IV.5.4.1.2

Members shall be entitled to political leave for a maximum period of six (6) years in total as provided in Article IV.5.4.1.5. In exceptional circumstances, following initial granting of a leave, requests to exceed this six-year maximum shall be referred to the Joint Committee, whose decision shall be final.

 

IV.5.4.1.3

A member who intends to seek political office normally shall provide notice of such intent to the Dean/University Librarian at least three (3) months in advance of the expected commencement date of the leave.

 

IV.5.4.1.4 Campaign Period

 

A member shall be entitled to a leave of absence from academic duties and responsibilities with pay as follows:

 

1. for election to the Parliament of Canada or to the Parliament of Ontario: one (1) month; and,

2. for election to a major civic position in Ontario: one (1) week.

    

In addition, a member shall be entitled to a leave of absence from academic duties and responsibilities without pay for a period of one (1) month, normally, for election to Parliaments of provinces of Canada other than Ontario, and for a period of one (1) week, normally, for election to a major civic position in Quebec.

It is expected that for the period of the leave of absence the member and the Department or Program Chair/University Librarian will agree to re-arrange the teaching, administrative or other duties to their mutual satisfaction. In the case of faculty members, the Dean shall be advised of these arrangements.

 

IV.5.4.1.5 Election

 

In cases where a member is elected to the public offices referenced in IV.5.4.1.4, above, a political leave of absence shall be granted as follows:

 

1. Parliament of Canada or Provincial Parliaments: leave of absence without pay for a period not, normally, to exceed a total of six (6) years; and,

2. Major paid Civic Post in Ontario or Quebec: a pro rata reduction in salary and duties not to exceed 25%. The member shall meet with the Dean/University Librarian within five (5) days of being elected, to make appropriate arrangements for teaching and other duties. The University shall contribute to the University benefit plans on the basis of the actual salary paid to the member during the period of the leave.

    

IV.5.4.1.6

The member normally shall advise the Dean/University Librarian, at least six (6) months prior to the expiry of the political leave, of his or her intention to return to normal teaching and other duties. A member who intends to remain in elected office after the maximum period specified in IV.5.4.1.2 shall submit his or her resignation to the Dean/University Librarian. If a member continues to serve in elected public office after the maximum period specified under IV.5.4.1.2, he/she shall be deemed to have resigned from the University.

 

IV.5.4.1.7

A member elected to a major Civic Post in Ontario or Quebec shall be granted career development increments and EYS credits, as applicable, in proportion to the percentage of salary paid by the University while in such a position.

 

IV.5.4.1.8

A member on unpaid political leave shall not be eligible for a Professional Expenses Fund as set out in Article IV.4.

IV.5.4.2 Pregnancy and Maternity Leave

 

In the light of the ongoing professional responsibilities of members, the Board agrees to continue the past practice of allowing female members to choose up to seventeen (17) weeks of pregnancy and maternity leave immediately preceding and/or following the expected date of birth without loss of salary and benefits. In cases of a pregnancy and maternity leave, the teaching component of the member's duties will be replaced, in accordance with current practice, by either full-time or part-time faculty. For Professional Librarian members, the assigned duties component will be similarly replaced.

 

IV.5.4.3 Adoption and Paternity Leave

 

Subject to providing the Dean, where possible, with prior written notice, a member shall be entitled to leave with full salary and benefits of up to five (5) days on the occasion of adopting a child. Fathers, upon the birth of a child, shall be entitled to the same benefit.

 

IV.5.4.4 Parental Leave

 

IV.5.4.4.1

A member may take a parental leave following the birth of a child, or the coming of the child into the custody and care of the member for the first time.

 

IV.5.4.4.2

Parental leave may begin no more than thirty-five (35) weeks after the day the child is born or comes into custody and care of the parent for the first time. Parental leave ends eighteen (18) weeks after it began, or on an earlier day if at least four (4) weeks' written notice of that day is given to the Dean or University Librarian, as appropriate.

 

IV.5.4.4.3

Parental leave is available to both parents. For the purpose of Article IV.5.4.4, the definition of parent may include a person with whom a child is placed for adoption or a person who is in a relationship of some permanence with the parent of a child and who intends to treat the child as his or her own.

 

IV.5.4.4.4

If the parental leave is taken in the context of the birth of a child, it must begin when the maternity leave, if any, ends. Where at the end of the maternity leave the child has not yet come into the custody and care of a parent for the first time, the provisions of section 38(b) of the Employment Standards Act of Ontario shall apply.

 

IV.5.4.4.5

The Dean or University Librarian, as appropriate, shall be notified, in writing, of the date of commencement of parental leave.

 

IV.5.4.4.6

Parental leave is a leave without pay.

 

IV.5.4.4.7

The member's and the Board's contributions to the pension and benefits plans during the parental leave shall be paid by the Board on the basis of 100% of salary. For the purpose of sabbatical credits, any period of parental leave shall be considered as a period of service with the University.

 

IV.5.4.4.8

When a member returns to work following a parental leave, compensation shall be the same as if the member had not been on leave.

 

IV.5.4.4.9

A probationary member on maternity or parental leave shall, upon written request to the Dean or University Librarian at the time of his/her return to duties after the leave, have his/her maximum probationary period increased by one (1) year. In the case of two (2) or more such leaves during his/her probationary period, the maximum probationary period for the member may be increased by a maximum of two (2) years.

 

IV.5.4.5 Sick Leave

 

In cases where members are absent due to illness or injury and prevented from performing their duties, they shall be entitled to full salary and all other benefits for a period of six (6) months from the commencement of the absence. In cases where members are prevented from performing some of their duties, due to illness or injury, they shall be entitled to full salary and all other benefits for a cumulative period of six (6) months from the date of the first such limitation on the performance of duties, appropriately pro-rated to provide for up to twelve (12) months of full salary and all other benefits.

If the member qualifies for benefits under the Long Term Disability Plan, the specified benefit (see VIII.4.1(h)) will become payable after the expiry of the appropriate sick leave period.

In the event of frequent absences the Board shall be entitled to request proof, in a form satisfactory to the Board, indicating the member is unable to fulfill duties. In an absence of more than two (2) weeks, a medical certificate will be required by the Board, in order that coverage under the Long Term Disability Plan can be initiated. For cases outside Canada the employer may, for either of the above situations, and at its expense, require a second opinion from a mutually acceptable practitioner retained by the employer, and the member shall cooperate with the reasonable requests of such a practitioner. Members shall notify their departmental or program Chair or University Librarian as soon as possible of their absence and its estimated duration.

 

IV.5.4.6 Court Leave

 

IV.5.4.6.1

Members who are summoned to be witnesses or jurors by a court or any body with the power of subpoena, shall, if their attendance requires them to be absent from their scheduled responsibilities, notify the Dean (or University Librarian) (copy to their Chair) of the summons as soon as possible. Upon request, members shall supply the Dean (or University Librarian) with a copy of the summons.

 

IV.5.4.6.2

Members who have complied with the foregoing shall be granted leave of absence with full salary and benefits during the period of service to the court or summoning body.

 

IV.5.5 Reconsideration of Leave Denial

 

When the Dean recommends against a request for leave by a faculty member under any of the provisions of IV.5, or recommends against a request for leave by a librarian under the provisions of IV.5.1, IV.5.2 or IV.5.3, the member may request that the President reconsider such recommendation. When the University Librarian recommends against a request by a librarian for leave under the provisions of IV.5.4, the member may request that the President reconsider such recommendations.

 

IV.6 Outside Professional Activities

 

IV.6.1

The nature of the professional competence of many members affords opportunities for the exercise of that competence outside the member's regular university duties, on both remunerative and non-remunerative basis. Recognizing that such professional activities can bring benefits to and enhance the reputation of the University and the capacity of members, the Board agrees that members have the right to engage in part-time professional activities, paid or unpaid, including participation in learned societies and professional associations, provided that such outside professional activities do not interfere with the performance of the member's duties or the responsibilities of their academic appointment as set out in IV.1 of this Agreement.

 

IV.7 Patents and Copyrights

 

Members with existing patents and copyrights arrangements with the employer may opt for provisions in this Agreement if they so choose.

 

IV.7.1 Patents

 

IV.7.1(a)

1. The employer waives, disclaims and abandons, any interest in or claim to, any invention, improvement, design or development made by a member without any use of the employer's funds, services, facilities, support and/or technical personnel. Demonstration of this lies with the employer. Members are required to give the employer immediate notice of any patent application made by them. Such inventions and patents arising therefrom shall be the sole property of the member who is the inventor.

2. The member and the employer shall each hold fifty per cent (50%) of any right, title and interest to any invention, improvement in design or development made by a member with the use, in whole or in part, of the employer's funds, services, facilities, support and/or technical personnel. The use of the normal academic environment (e.g. Library or Computer Centre) shall not be considered use of the employer's services or facilities. Disputes as to what constitutes the normal academic environment shall be referred to the Patents and Copyrights Committee for adjudication. No member shall make any patent application in respect of any such invention, improvement, design or development except in accordance with this Article.

    

IV.7.1(b)

IV.7.1(a) shall not apply to any invention, improvement, design or development resulting from work financed by a grant or contract where the granting or contracting body, as a condition of the grant or contract, requires that any patent rights be assigned to it.

 

IV.7.1(c)

The parties agree that members have no obligation to seek patent protection for the results of their work, nor to modify research to enhance patentability. The parties further agree that, except as herein provided, members have the unqualified right to publish their inventions, although such publication may be a bar to future application for patent on such inventions. However, if the employer chooses to seek patent protection, the member shall not unreasonably withhold agreement with such action or take steps inconsistent with the seeking of such protection.

 

IV.7.1(d)

There shall be no obligation on the employer to enter into any agreement with the member in the development of the patent. Members who seek to exploit a patentable idea have the option to use or not to use the services of the employer for the development and exploitation of the idea. In either case, the member shall sign an agreement with the employer which governs the rights of the parties in accordance with this Article and sets out in detail the understanding between them as to the respective shares in the invention and any subsequent costs and/or income. In the case of patent development, the member shall, if the terms are satisfactory to the member, sign an agreement to take all steps or actions otherwise necessary for the purpose of formally involving any approved patent development agency with whom the employer may have a contract.

 

IV.7.1(e)

If the patent development agency (or agencies) with whom the employer has entered into agreement does (or do) not accept the invention for patent and development, the employer may at its own discretion release the member from any obligation to the employer, thus permitting the member to proceed or not with patenting and development on an independent basis.

 

IV.7.1(f)

The costs and expenses involved in obtaining, protecting, maintaining, licensing and commercializing any patent referred to in IV.7.1(a) (ii) ("Patent Expenses") exploited through the services of a PDA will be borne by the employer. Patent expenses incurred in respect of such patents not exploited through the services of a PDA will be borne by the member.

 

IV.7.1(g)

All royalties received in respect of any patent referred to in paragraph (a) (ii) will be deposited in a separate account opened at the University in respect of that patent (the "Patent Account"). Where the University incurs Patent expenses with respect to a patent exploited by a PDA, it may be immediately reimbursed from the appropriate Patent Account. Where members incur reasonable Patent expenses in respect of a patent not exploited by a PDA, they may also be immediately reimbursed from the appropriate Patent Account. On AprilÊ30 of each year, reimbursement of any outstanding Patent expenses incurred in the preceding year will be made from each Patent Account. The amount remaining in each Patent Account will be distributed in equal shares to the member and to the employer. The employer shall allocate its share to the academic budget. It may use its share at its discretion to provide such items as, but not exclusively restricted to, equipment and library resources to foster and maintain the academic environment generally in the University, and half of such resources shall be designated to acquisition of such resources in the department or program with which the inventor is affiliated. If the amount in any Patent Account as of April 30 is not sufficient to reimburse the outstanding Patent expenses of the employer or member as the case may be, those Patent expenses shall be reimbursed to the extent possible and the amount of the deficiency shall be deemed to be Patent expenses incurred in the following year. These funds and accounts shall be maintained in such a way as to be open for inspection to the Association's President or designate.

 

IV.7.1(h)

The member shall grant to the employer non-exclusive, royalty-free, irrevocable, indivisible and non-transferable right to use solely for the employer's internal use any patented invention, improvement, design or development referred to in IV.7.1(a) (ii) above. Such right shall not include the right to transfer or exploit any product or process.

 

IV.7.1(i)

For the purpose of this Article, the payment of salaries to members shall not be construed as use of the employer's funds.

 

IV.7.1(j)

The name of Trent University shall not be used in connection with any inventions without agreement of the member and the employer and shall be used upon request of the University in connection with any invention referred to in IV.7.1(a) (ii).

 

IV.7.1(k)

The employer agrees not to enter into any agreement to subcontract the services of any member without securing to the member whose services are subcontracted, all the rights, privileges and benefits provided in this Article, nor shall the employer enter into any agreement to create a consortium of universities or government departments or private companies, for the purposes of research or development or commercial exploitation or the creation of intellectual property without securing to the members who may be seconded to or employed by such consortia, departments, or private companies all the rights, privileges and benefits accorded by this Article. If the employer makes an agreement contrary to this provision and fails to secure the said rights, privileges and benefits to said members, the agreement shall not apply to members unless there is a special agreement in writing between the employer and the Association, upon the recommendation of the Patents and Copyrights Committee ( Article IV.7.7), to waive this provision in that case.

 

IV.7.2 Copyrights

 

IV.7.2(a) Literary Copyright

 

1. Except for secondary print materials forming an integral part of an audio-visual production (which shall be subject to the provisions of Article IV.7.4), the employer waives all right, title to and interest in any copyright in the literary works of its members. The employer agrees and undertakes to transfer to the author and hereby transfers to the author any copyright which the employer may have in any literary work created by a member, except as herein provided.

2. Sub-paragraph (i) above does not apply to members who are employed by the employer or an agent of the employer to edit a journal or magazine except with respect to articles, reviews or literary pieces written by them.

    

IV.7.2(b) Artistic Copyright

 

The employer waives all right, title to and interest in any copyright and agrees and undertakes to transfer to the author and hereby transfers to the author any copyright which the employer may have in any artistic work created by a member.

 

IV.7.2(c) Copyright in Lectures

 

Except for audio-visual material and/or other non-print material used in connection with any lecture (which shall be subject to the provisions of Article IV.7.4), the employer agrees that all rights in the copyright to lectures and laboratory manuals prepared by and delivered by a member shall vest in the member. The employer shall give reasonable assistance to members to prevent publication, recording or broadcasting of lectures not authorized by the members concerned.

 

IV.7.2(d) Theses

 

From the time when a graduate thesis proposal has been finally approved by the Graduate Studies Committee, it shall be retained by the Graduate Studies Office for twelve (12) months unless, by mutual agreement between the supervisor of the thesis and the supervisee, it is decided that it may then be released and deposited in the Library. Otherwise, at the end of the twelve (12) months the completed thesis will be deposited in the Library.

 

IV.7.3 Copyright and Improvements in Computer Programs

 

The regulations contained herein shall apply only to computer programs developed as part of a member's duties in the course of University employment.

 

IV.7.3(a) Ownership

 

1. The member shall hold the copyright in, but the member and employer shall share equally the net profits of, any program developed during the period of employment of the member at the University. When the member ceases to be employed by the University, the employer shall have the use, for internal purposes, of such programs in perpetuity.

2. Section IV.7.3 (a) (i) does not apply to any copyright resulting from work financed by a grant or contract where the granting or contracting body, as a condition of the grant or contract, requires that any copyrights be assigned to it.

3. Neither the employer nor the member shall assign the licensing of this copyright or any other rights and responsibilities which issue from this Article without the express written consent of the other party.

4. The employer shall have an exclusive ownership and property right in at least one (1) copy of the computer program. In addition, the employer shall have the right to retain a copy for archival or research purposes. The employer shall take reasonable precautions to ensure that such copies are protected from unauthorized access, mutilation, copying, or amendment.

5. The member shall have the right to retain a copy of the program for personal use.

    

IV.7.3(b) Academic Credit

 

Contributions in the development of the computer program shall at the request of the member be included in listings of publications and scholarly papers, in any curriculum vitae, in grant applications, and in reports prepared by the employer.

 

IV.7.3(c) Internal Use

 

The employer shall have unrestricted use of the computer program in the activities of the University.

 

IV.7.3(d) External Use

 

Neither the employer nor the member shall permit use of a computer program falling under Article IV.7.3 unless the employer and the member shall have entered into an agreement governing such use. Such agreement will contain the following terms:

 

1. A fee or royalty shall be charged. Such fee or royalty shall be established by agreement between the member, with the assistance of the Association if requested, and the employer. If the parties fail to reach agreement on such fee or royalty it shall be set by the Committee on Patents and Copyright ( Article IV.7.7).

2. The employer shall not unreasonably restrain the exploitation of the copyrighted computer program. If, within five (5) months of the receipt of a written request by a member, the employer has not commenced negotiations with the member for the exploitation of the computer program, the employer shall be deemed to have waived any and all rights in the exploitation of the copyright of the said computer program and shall forego all fees, royalties, and other income. In this event, the employer's obligation under paragraph IV.7.3 (d) (iii) shall cease.

3. The cost and expenses involved in registering, protecting, maintaining, licensing and commercializing any copyright ("Copyright expenses") shall be borne by the employer. The University shall be responsible for obtaining registration of any copyright and shall have carriage of any application for registration for such copyright. All royalties received in respect of any copyright will be deposited in a separate account opened at the University in respect of that copyright (the "Copyright Account"). Where the employer incurs copyright expenses, it may be immediately reimbursed from the appropriate Copyright Account. On April 30 each year, the employer shall be reimbursed from the appropriate Copyright Account for any outstanding copyright expenses incurred in that year. Fifty per cent (50%) of the amount remaining in the Copyright Account will be distributed to the employer and the remaining fifty per cent (50%) will be distributed to the member. If the amount in any Copyright Account as of April 30 is not sufficient to reimburse the outstanding copyright expenses of the employer, those copyright expenses shall be reimbursed to the extent possible and the amount of the deficiency shall be deemed to be copyright expenses incurred in the following year.

    

IV.7.3(e) Multiple Copyright Holders

 

1. Where more than one (1) member is an author of the computer program, any reference in this Article IV.7.3 to the 'member' shall be deemed to mean all members who are authors of the computer program, and the agreement or permission of the 'member' shall be deemed to mean the unanimous agreement or permission of all such members.

2. Multiple member authors of the computer programs shall agree among themselves as to the interest of each in the ownership of the member's share of the copyright, and also as to division of the member's share of royalties, fees, or other income. Disputes shall be referred for resolution to the Patents and Copyright Committee ( Article IV.7.7).

    

IV.7.4 Audio-Visual Material

 

IV.7.4(a)

1. The regulations of IV.7.4 apply only to audio-visual recorded instructional materials (including related printed materials) which are prepared or developed by members in the course of their employment and which are produced with the assistance of direct employer funding or with the use of the employer's production facilities free of charge or at rates lower than those of local commercial establishments. "Audio-visual recorded instructional materials" shall include, but are not limited to, films, filmstrips, film loops, tape/slide programs, series of overhead transparencies, videotape or television programs, audiotapes, audio or video cassettes, together with any secondary print materials which form an integral part of the production.

2. A member who uses production facilities outside the University or who pays full commercial rates for the use of employer's facilities, is under no requirement to enter into any arrangement with the employer and the employer shall have no right, title or interest in any copyright in any audio-visual materials produced under this subparagraph IV.7.4(a) (ii).

3. A member who proposes to use direct employer funding or the employer's facilities as described in IV.7.4(a) (i) above, shall enter into a written agreement with the employer which is in accordance with this Article.

    

IV.7.4(b) Production of Materials

 

1. Content

   Members shall have the same measure of control over the content of recorded instructional materials as they do in the creation of more traditional forms of instructional material.

2. Copyright Clearance

   The member and the employer shall bear joint responsibility for securing copyright clearance on copyrighted materials which are used in any recorded production. The employer shall have carriage of the application for copyright and shall apply for clearances where necessary.

3. Academic Credit

    

   1. The contribution of the member to any recorded audio-visual instructional production shall be acknowledged in the original copies.

   2. Contribution to the content of audio-visual materials shall, at the request of the member, be included in the member's curriculum vitae and listings of publications and scholarly papers, and in grant applications and reports prepared by the employer.

       

IV.7.4(c) Ownership

 

1. The member shall hold fifty per cent (50%) and the employer shall hold fifty per cent (50%) of any right, title to and interest in any copyright in any work defined in IV.7.4(a) (i), subject to the terms laid down in this Article. The joint copyright shall be identified on all copies of audio-visual recordings. Printed materials that are integral to the audio-visual material shall be considered part of the audio-visual material for the purposes of this Article; such printed materials shall be only those that are necessary for the proper use of the audio-visual material, but shall not include the text or script of the recording. All other printed materials which are related to the production shall be covered by Article IV.7.2. Any dispute over the classification of such printed material shall be settled in the manner provided for in Article IV.7.8.

2. Article IV.7.4(c) (i) shall not apply to any copyright resulting from work financed by a grant or contract where the granting or contracting body, as a condition of the grant or contract, requires that any copyrights be assigned to it.

3. Assignment

   Neither the employer nor the member shall assign this copyright or any other rights and responsibilities which issue from this Article without the express written consent of the other party.

4. Ownership of Master Copy

   In addition to its interest in the copyright, the employer shall have an exclusive ownership and property right in the master copy of an audio-visual recorded production as defined in IV.7.4(a) (i), and shall take reasonable precautions to ensure that any such master copy is not damaged, erased, copied, amended or edited without the authorization of the member who jointly holds copyright.

5. Rights to Purchase a Copy

   The member shall have the right to purchase a copy of the master from the employer at the cost of reproduction. The employer shall have the right to retain a copy for archival or research purposes.

    

IV.7.4(d) Internal Use

 

1. The internal use of materials defined in IV.7.4(a) (i) shall be for an initial period of use to be agreed upon by the member and the employer. Where no agreement is reached, the initial period shall be fixed by the Patents and Copyright Committee. The initial period of use is subject to renewal or extension by the parties involved.

2. Nothing in this Article shall be construed as permission to the employer or to any agent of the employer to broadcast the recorded works to the general public other than as explicitly provided for by agreement of the employer and the member.

3. The use of material licensed for internal use shall not be the basis for a decision by the employer to reduce the size of the department or program of the member who produced the recorded work. Nor shall such material be the basis for a decision to lay off or terminate a contract of a member of the bargaining unit.

4. Compensation

    

   A member who participates in the production of an audio-visual recording covered by IV.7.4 shall not be entitled to receive additional compensation over and above regular salary except for any proceeds as set out in IV.7.4(e) (iv) below. The member shall likewise not receive residual compensation for any re-use within the University.

    

IV.7.4(e) External Distribution

 

Where a member shares with the employer copyright in audio-visual material, distribution external to the University shall be only by agreement between the member and the employer and shall be subject to the following:

 

1. A fee or royalty shall be charged to third parties wishing to use the work which shall be established by agreement between the member, with the assistance of the Association if requested, and the employer. If the parties fail to reach an agreement as to such fee or royalty, it shall be set by the Patents and Copyright Committee ( Article IV.7.7).

2. The employer shall not unreasonably restrain the exploitation of copyrighted works under this section. If within one (1) year of the receipt of an employee's written request for the exploitation of the recorded work, the employer has not commenced negotiations or signed a contract with the member for the exploitation of the recorded work, the employer shall be deemed to have waived any and all rights in the exploitation of the copyright of the said recorded work and shall forego all fees, royalties and other income. In this event the employer's obligation under paragraph IV.7.4 (e) (iv) shall cease.

3. The employer shall not lend or transfer a copy of the recorded work nor allow any agent to lend or to transfer such a copy to any third party outside the University without permission from the member who shares interest in the copyright.

4. The provisions of IV.7.3(d) (iii) shall apply to audio-visual recorded instructional materials.

    

IV.7.4(f) Availability of Resources

 

On application by the member, the employer, in its sole discretion, may make available to members, without charge, production facilities and funds necessary to produce recorded works for use in the University's educational program.

 

IV.7.4(g) Severability

 

1. Where more than one (1) member copyright holder has an interest in a recorded work, each such copyright holder may exercise their rights, as set out in this Article, with respect to their own contribution, provided that it is severable.

2. A contribution shall be deemed severable if it can be erased without destroying the value of other contributions to the same recording or series, or if it can be replaced in the recording or series by another contribution by someone else.

3. Where a recording or series of recordings involves non-severable contributions by more than one (1) member copyright holder, any reference in IV.7.4 to permission by that copyright holder shall be deemed to mean the unanimous permission of all copyright holders.

    

IV.7.4(h) Amendments, Editorial Changes and Withdrawal

 

1. Members who believe their work is unsatisfactory for a proposed use because of obsolescence or other good reason may, subject to the availability of funds and production facilities, require the work to be amended, or may require its use to be withheld, except that the member shall not require such amendments or withholding within one (1) year of the production of the recorded work. Any dispute as to the bona fides of the requirement to amend or to withhold shall be settled in the manner provided for in Article IV.7.8.

2. The employer shall have no right to cause a new production, revision or amendment of any audio-visual material to be made without written agreement with any member who holds joint copyright in the existing material.

    

IV.7.5 Passing of Rights

 

On the death of a member or former member, any rights which the member had derived under this Article IV.7 or any agreement made in pursuance of this Article IV.7 shall pass to the member's estate.

 

IV.7.6 Subcontracting by Employer

 

The employer agrees not to enter into any agreement to subcontract the services of any member without securing to the member whose services are subcontracted all the rights, privileges and benefits accorded to members in this Article IV.7, nor shall the employer enter into any agreement to create a consortium of universities or government departments or private companies, for the purposes of research or development or commercial exploitation or the creation of intellectual property without securing to the members who may be seconded to or employed by such consortia, departments, or private companies all the rights, privileges and benefits accorded by this Article. If the employer makes an agreement contrary to this provision and fails to secure the said rights, privileges and benefits to said members, the agreement shall not apply to members unless there is a special agreement in writing between the employer and the Association, upon the recommendation of the Patents and Copyright Committee ( Article IV.7), to waive this provision in that case.

 

IV.7.7 Patents and Copyright Committee

 

The parties agree to establish a Patents and Copyright Committee, which shall be composed of two (2) members appointed by the employer and two members appointed by the Association. The Committee shall be co-Chaired jointly by one (1) representative of the Association and one (1) representative of the Board. The Committee shall meet at the call of any two (2) members to:

 

1. conduct such business as is referred to it;

2. consider proposals for modifications or changes in the patents and copyright Articles of this Collective Agreement;

3. mediate any disputes arising out of this Article as per IV.7.8 below;

4. receive from the employer any communication on the University's contract with a patent development agency.

    

IV.7.8 Complaints

 

For the purpose of this Collective Agreement, the complaint stage of a grievance pertaining to patents and copyright shall be referred to the Patents and Copyright Committee. If the Committee is unable to resolve the dispute, the remaining formal grievance and arbitration procedures provided for in Chapter VI of this Collective Agreement shall apply.

 

IV.7.9 Interpretation

 

In this Article the singular shall include the plural and the plural the singular where appropriate.

 

IV.8 Personnel Files

 

IV.8.1

Every member has a right of access to any personal information about the member that is in the custody or under the control of the employer except where such information is subject to solicitor-client privilege or privilege attaching to material obtained or prepared in contemplation of or for use in litigation before a court or judicial or quasi-judicial tribunal or to communication in furtherance of settlement. All rights and restrictions of this Article IV.8 shall apply equally to all information banks that contain personal information. Members shall be advised of the location of all such information banks.

 

IV.8.1.1

A member's personnel file shall be kept in the office of the Dean or the University Librarian, with a copy in the office of the Chair of the member's department or program. The personnel file, as well as any and all subsidiary or supplementary departmental or program personnel files, shall be held so as to protect the privacy of the member and shall be accessible (with the exceptions and limitations stated in IV.8.1 and IV.8.4.1) only to the Dean, the Chair of the member's department or program, the members of that department's or program's Personnel Committee, and the members of COAP.

A member's salary and benefits records shall be maintained in a separate file in the Department of Human Resources.

 

IV.8.1.2

The personnel file shall be the only file used in decisions respecting any and all terms and conditions of employment of a member, except where otherwise required by provisions of this Collective Agreement and subject to the exceptions in IV.8.1, above. The personnel file shall contain only material pertinent to the employment of the member. Information that has not been accessible to the member from the time it came into the custody or under the control of the employer shall be excluded from the personnel file and, subject to IV.8.1, from any other file used, as required above, in decisions respecting terms and conditions of employment, if the absence of the early access could reasonably be deemed to be prejudicial to the member, and no personnel decision about the member shall be made on the basis of or with the aid of such excluded information.

 

IV.8.2.1

A member shall have the right, upon a minimum of two (2) days' written notice to the Dean or University Librarian, and/or department/program Chair, to examine his/her personnel file during normal business hours. With the limitations stated in IV.8.1.1, IV.8.6.1 and IV.8.6.2, there shall be complete access to the file. A member's access to his/her file maintained in the Department of Human Resources shall be on the same basis as above.

Following such examination, and upon written request and at his/her own expense and at cost, a member shall be provided with a copy of his/her personnel file or of any of its contents.

 

IV.8.2.2

A member is entitled to:

 

1. request correction of personal information contained in the member's personnel file where the member believes there is an error or omission;

2. require that a statement of disagreement be attached to the information reflecting any correction that was requested but not made.

    

IV.8.2.3

Any material shall be added to the file upon the request of the member, provided that the member declares the manner of solicitation, if any, of the material.

 

IV.8.2.4

A member may request, in writing to the Dean, that certain material in his/her personnel file be subject to confidential safeguards beyond those provided for in this Agreement. The denial of such a request shall not be the subject of a complaint or grievance.

 

IV.8.2.5

Except at the request of a member, no anonymous material shall be kept in his/her personnel file. Aggregated statistical information based on evaluations of teaching is considered to be anonymous. Except at the request of a member, no anonymous matter shall be used in any decision respecting the terms and conditions of employment, including appointment, of any member.

 

IV.8.3

Each member shall submit to the Dean or the University Librarian a curriculum vitae in the form prescribed by the Dean or the University Librarian, with a copy, where appropriate, to the departmental or program Chair, which curriculum vitae shall be brought up to date from time to time or upon an annual request by the Dean or University Librarian.

 

IV.8.4.1

None of the contents of any personnel file or other employment-related files as referenced in IV.8.1.2, shall be released or made available to any person without the express written permission of the member concerned, except that the President may authorize certain officers or agents of the University or of the Association to have access to these files in the context of grievance and dispute resolution, other official administrative purposes, or for purposes contemplated by the Collective Agreement. In such cases, the authorized officers or agents shall hold these files so as to protect the privacy of the individual member, subject to the purpose for which authorization is granted. The member and the Association shall be informed in writing, at least five (5) days prior to such access, with details of the material to which access has been authorized. The member shall be given the opportunity to add to these files a written statement on the accuracy or adequacy of the material before it is released.

 

IV.8.4.2

The Dean or University Librarian shall have access without the member's consent to a member's disability status, held in the Department of Human Resources, only if such information is necessary for assessing the member's capacity to carry out his/her workload.

 

IV.8.5.1

Letters of reference, assessment, and evaluation of performance of the member solicited for, or used in, career development decisions relating to the appointment, re-appointment, or granting tenure to the member shall, three (3) years from the date of the granting of tenure, be transferred to the Office of the President where they shall remain closed for a period of ninety (90) years from the date of birth of the member.

 

IV.8.5.2

When a member's appointment terminates under any of the provisions of this Agreement, that member's personnel files shall, three (3) years from the date of termination, be transferred to the Office of the President where they shall remain closed for a period of ninety (90) years from the date of birth of the member.

 

IV.8.6.1

Material less than three (3) years old which was contained in any member's personnel file on the date of signing of this Agreement and which was solicited under an implied or express promise of confidentiality to the author shall be made available to the member, upon request, with the name of the author deleted. Older solicited material shall be destroyed unless the member specifically requests otherwise in writing. Upon such a request, the material remains in the file on the same basis as solicited material less than three (3) years old. Material which was contained in any member's personnel file on the date of signing of this Agreement and which was not solicited shall be deemed not to be confidential and shall be made available in full to the member.

 

IV.8.6.2

All unsolicited and solicited material produced or requested on a date later than three (3) months after the signing of this Agreement shall be made available in full to the member. Solicited material is material solicited for decisions respecting a member's terms and conditions of employment, including letters of reference, assessment, and evaluation of performance.

 

IV.9 Safety

 

The Board shall notify members in detail of any responsibilities under law with regard to the safety of any employees and shall provide the instruction and materials required to meet any such responsibilities. Each member is expected to abide by approved safety rules and procedures and to take every reasonable precaution to minimize the risk of injuries resulting from accidents.

 

IV.10 Religious Observances

 

Members shall be entitled to make reasonable rearrangements of their duties upon due notice to permit them to observe the religious obligations and practices of their faiths.

 

IV.11 Reprimand, Warning, and Discipline

 

No member shall be subject to reprimand or formal warning or to any other form of discipline without just and reasonable cause, but non-renewal of a member with a probationary appointment at the end of the stipulated term or the non-appointment of a limited term member to a further term shall not be considered as disciplinary, but rather shall be dealt with under the appropriate provisions of this Agreement. Such warning or reprimand or other discipline shall be confirmed in writing to the member and a copy placed in the member's file.

 

IV.12 Scholarly Misconduct

 

IV.12.1

The Policy on Scholarly Misconduct (referred to as "the policy"), approved by the Board of Governors of Trent University June 1, 1995, is attached hereto as Appendix C and forms part of this Collective Agreement.

 

IV.12.2

Any statement made by a member named in an allegation during mediation or settlement discussion at any stage of procedure under the policy, including any meetings held under paragraph III.2 of the policy, shall be without prejudice and shall not be referred to or relied on in evidence at any later stage of the proceedings under the policy, including arbitration, or in proceedings outside the University.

 

IV.12.3

A member named in an allegation and attending a meeting held as part of a formal investigation under the policy may, if he or she so requests, be accompanied by a representative of the Association or, with the Association's written agreement, be represented by any willing person.

 

IV.12.4

Where a member of the bargaining unit appeals to the President under paragraph III.12 of the policy, a copy of the President's response shall at the same time be forwarded to the Association.

 

IV.12.5

A grievance arising out of the imposition of a disciplinary penalty under the policy must be filed by the Association within thirty-five (35) days of receipt of the written notice of disciplinary action under paragraph III.11 of the policy. Such a grievance shall be referred directly to arbitration, notwithstanding any other provisions of Chapter VI of the Collective Agreement, seven (7) days after the date of the grievance. These time limits may be revised by mutual agreement of the parties.

 

IV.12.6

No person connected with the formal investigation of an allegation under the policy shall be appointed an arbitrator in any subsequent arbitration of the allegation. The arbitrator(s) shall hear all evidence de novo.

 

IV.12.7

Public or official statements by officers of the University concerning an allegation, investigation and/or finding shall be consistent with the substance and/or stage of said allegation, investigation and/or finding. Such statements, including statements concerning disciplinary penalties imposed under the policy, shall be made by the University only on a "need-to-know" basis, including as required by the funding agencies. However, arbitration reports issued in consequence of actions under the policy constitute public documents.

 

IV.12.8

Records of disciplinary penalties under the policy which are confined to a warning, reprimand or restitution shall be removed from the member's personnel files after a period of three (3) years during which no further records of similar or more serious disciplinary action have been added to the member's files. Records of more serious disciplinary penalties under the policy shall be removed from the member's personnel files after a period of five (5) years during which no further records of similar or more serious disciplinary action have been added to the member's files. Documents which are so removed shall be maintained in a separate file in the Dean's Office, with access on a "need-to-know" basis and only in the context of personnel/employment decisions involving disciplinary action. Notice of access shall be provided to the member and to the Association.

 

IV.12.9

Nothing in this Article limits or restricts the University's rights pursuant to Article I.3.2 of the Collective Agreement.

 

	Title Index
Chapter	I, II, III, IV, V, VI, VII, VIII
Schedule	A, AA
Appendix	A, B, C, D, E, F, G, H, I, J, K, L, M
Signatures