COLLECTIVE BARGAINING AGREEMENT
Western Washington University and United Faculty of Western Washington
SEPTEMBER 16, 2021 THROUGH SEPTEMBER 15, 2023

PREAMBLE

SECTION 1 RECOGNITION AND BARGAINING UNIT

SECTION 2 ACADEMIC FREEDOM AND RESPONSIBILITY

SECTION 4 UFWW-WWU PARTNERSHI P

SECTION 5 MANAGEMENT RIGHTS

SECTION 6 UNION RIGHTS

SECTION 7 TENURED AND TENURE-TRACK FACULTY APPOINTMENTS, TENURE AND PROMOTION

SECTION 8 NON-TENURE-TRACK FACULTY

SECTION 9 WORKLOAD

SECTION 10 PAID PROFESSIONAL LEAVES

SECTION 11 LEAVES OF ABSENCE

SECTION 12 PROFESSIONAL CONDUCT AND CONFLICT OF INTEREST

SECTION 13 DISCRIMINATION AND HARASSMENT PROHIBITED

SECTION 14 WORKPLACE VIOLENCE

SECTION 15 INTELLECTUAL PROPERTY

SECTION 16 OUTREACH AND CONTINUING EDUCATION (OCE)

SECTION 17 DEPARTMENT CHAIRS

SECTION 18 ACADEMIC PROGRAM DIRECTORS AND ACADEMIC ADMINISTRATORS

SECTION 19 DISCIPLINARY ACTION/DISCHARGE

SECTION 20 GRIEVANCE AND COMPLAINT PROCEDURES

SECTION 21 REDUCTION IN FORCE

SECTION 22 COMPENSATION

SECTION 23: RETIREMENT

SECTION 24 FACULTY FILES

SECTION 25 WORKPLACE SAFETY AND ERGONOMICS

SECTION 26 MISCELLANEOUS

PREAMBLE

This Agreement is between the Board of Trustees of Western Washington University, the employer, hereinafter referred to as the “University or WWU,” and the United Faculty of Western Washington/UFWW, hereinafter referred to as the “Union or UFWW,” in support of the University’s mission.

SECTION 1 RECOGNITION AND BARGAINING UNIT

The University recognizes the Union as the collective bargaining representative of the following unit, as certified by the Public Employment Relations Commission in Case 19049-E-04- 3022:

All full-time and regular part-time employees of Western Washington University who are either designated with faculty status or perform faculty duties as defined in the faculty governance documents of the Employer, excluding casual or temporary employees (as defined in WAC 391-35-350(2) [those who have not worked more than one-sixth of the time normally worked by full-time employees]), administrators, confidential employees, graduate student employees, postdoctoral and clinical employees, and all other employees of the Employer.
Any University administrator with a faculty appointment may teach or perform any faculty duties as defined in this Agreement.

SECTION 2 ACADEMIC FREEDOM AND RESPONSIBILITY

The University and the Union agree that academic freedom is essential to the mission of the University and that providing an environment of free and honest inquiry is essential to its functioning.
Academic freedom as it pertains to this contract is defined as the freedom to discuss all relevant matters in the classroom, to explore all avenues of scholarship, research and creative expression, and to speak or write as a public citizen without institutional discipline or restraint on matters of public concern, as well as on issues related to professional duties and the functioning of the University. All efforts should be made to be accurate and to show respect for the opinions of others and to make clear they are not speaking on behalf of the institution unless specifically designated to do so. Academic responsibility implies the faithful performance of academic duties and obligations and the recognition of the demands of the scholarly enterprise.

SECTION 3 FACULTY SENATE

The University and the Union acknowledge the role of the Faculty Senate in shared governance. The Union represents faculty interests on wages, hours, and terms and conditions of employment. The Union shall endeavor to work collegially with the Senate.
The Faculty Senate is the faculty advisory body (as described in RCW 41.76.005) that makes recommendations to the University on matters concerning academics, budget, planning, and policy.

SECTION 4 UFWW-WWU PARTNERSHIP

The University and the Union recognize that an effective and harmonious working relationship will facilitate the achievement of strategic goals. This will advance the University's mission and strategic plan and provide an environment conducive to achieving excellence.
A Partnership Committee, co-chaired by the UFWW president or designee and the University Provost or designee and consisting of three faculty members selected by the Union and three (3) non-faculty University representatives selected by the University, will meet quarterly, or at such times as both sides mutually agree. The purpose of the meetings is to foster communication between the University and faculty. Items for consideration by the Committee may include discussion of matters that promote collaborative relationships, and expression of opinions, ideas and concerns related to this Agreement. The Committee will serve in an advisory rather than a decision-making capacity. The Committee shall have no authority to conduct any negotiations or to modify the provisions of this Agreement.
The Provost will arrange for the UFWW President to meet quarterly with the deans to discuss issues arising in implementation of this Agreement. In a reciprocal manner, the UFWW President will arrange for a meeting with members of the UFWW Executive Board and the Provost once a quarter.

SECTION 5 MANAGEMENT RIGHTS

Unless specifically and expressly limited by the terms of this Agreement, the University retains all the customary and usual rights, decision making, management prerogatives, functions and authority connected with or in any way incidental to its responsibility to provide overall leadership toward achieving all aspects of the University’s mission and to manage the University or any part of it.
Unless otherwise expressly restricted by a specific provision of this Agreement, the University has the sole and exclusive right, in its discretion, to exercise the following rights, which are not meant to limit the provisions of 5.1:

SECTION 6 UNION RIGHTS

The University will provide to the Union a roster of all bargaining unit members for the fall, winter, spring and summer quarters within fifteen (15) business days from the beginning of each quarter. The list will include, but is not limited to, the date of hire, percentage of FTE, job title, department, and (with the faculty member’s permission) available home addresses and home phone numbers.
The Union and its direct representatives have the right to use University facilities on a space available basis for the purpose of holding Union meetings and conducting Union business, subject to University policies and procedures and payment of charges for use of the facilities, if any.
The Union has the right to lease office space on campus, including charges for a telephone/fax line and internet access, for the duration of this Agreement. The University will determine the reasonable amount the Union will pay for the resources. The request shall be pursuant to the University’s facilities use policies and procedures.
Union officers and direct representatives have the right to make de minimis use of University campus mail, fax machines, and the internet for the purpose of bargaining and implementing this Agreement. The Union shall be provided with a designated mail stop. The Union may use copiers to copy materials needed for the administration of this Agreement provided that the Union complies with University payment policies.
The Union has the right to purchase course releases for the Local Union President. After reviewing staffing viability with the affected dean(s), the Union may purchase course releases for other Union members. The cost to the Union of such releases will be based on past practice negotiated by the Provost and UFWW President. The Union shall reimburse the University within 30 days of receipt of the bill.
1. The UFWW President shall be paid a stipend of $3,500 during the summer, half of which will be paid by the University for work required by the University and half to be paid by UFWW for responsibilities representing the Union and its employees. Whenever possible the timing of summer work must be mutually agreed upon between the UFWW President and the Administration.
2. The University shall provide two (2) course releases for the Union to assist the Union’s efforts to advance the mission of the University outside the collective bargaining and grievance processes.
In the interest of promoting sustainable practices, the University will post a copy of this Agreement on the Human Resources website. The University will provide copies of the contract to individuals charged with administering the contract.
Faculty members who are Union officers, delegates, or alternates shall be allowed time off to attend Union-sponsored meetings, provided the time off does not interfere with University operating needs and does not disrupt the faculty members’ teaching or librarianship responsibilities. Expenses incurred will not be reimbursable by the University.
The Union shall be furnished a copy of the agenda and other public information assembled for the regular and special meetings of the Board of Trustees. These materials shall be provided at the same time they are provided to the public. The Board of Trustees Rules of Operation apply to participation in Board meetings.
The University will provide space on existing bulletin boards in each major academic building for the posting of official notices of the Union regarding Union meetings or elections. Material posted on the bulletin board will be appropriate to the workplace, politically non- partisan, in compliance with the State’s ethics laws, and be signed and dated by a duly authorized representative of the Union. The University may remove any posting after forty-five (45) days.
Payroll Deduction
Service to the Union shall be counted as service to the University and be evaluated as such.

SECTION 7 TENURED AND TENURE-TRACK FACULTY APPOINTMENTS, TENURE AND PROMOTION

The parties recognize the vital role that tenured and tenure-track faculty play in the academic life of the University and share a commitment to maximizing the role of tenured and tenure-track faculty in teaching at the university. Consistent with the academic mission and University resources, the University will increase the number of tenure-track positions when adding faculty.

Definition. For this Section of the contract, “department” also refers to Fairhaven College and the Library.
Appointments and Rank
1. Tenure-Track Probationary Appointments (faculty not tenured, but on a tenure track). Probationary appointments are made for a fixed term (typically one (1) year) with no right to reappointment. During the term of the appointment the faculty member may be terminated only in accordance with this Agreement. Reappointment of probationary faculty is subject to the terms and conditions listed in Section 7.6.
  1. Available ranks for probationary appointments and their minimum qualifications are as follows:
    1. Assistant Professor
      
      Assistant professors have normally attained the terminal degree for the discipline. Candidates who have met all requirements for the terminal degree but the dissertation (ABD) may be appointed to this rank. Candidates appointed ABD must complete degree requirements by June 15th of their first year. If a candidate appointed ABD does not complete degree requirements by June 15th of the first year, the second year contract shall be a terminal contract.
    2. Associate Professor
      
      This rank normally includes the appropriate terminal degree and meets the standards set forth by the department and the college.
2. Tenured Appointments. Tenure is the right to continuous appointment at the University with an assignment to a specific department or program until such time that the faculty member resigns, retires, is discharged in accordance with this Agreement, or is laid off in accordance with the Reduction-in-Force (RIF) policy defined in Section 21. Conditions of continuing appointment are subject to the terms and conditions of this Agreement and include the procedures for tenure as set forth in Section 7.7, and the process for evaluation of tenured faculty outlined in Section 7.8.
  1. Available ranks for tenured appointments are associate professor and professor.
    1. Professor
      
      This rank normally includes the appropriate terminal degree and meets the standards set forth by the department and the college.
3. Opportunity Appointments
  1. Departments may request special opportunity hires, including, but not limited to, dual career assistance, diversity fellows, or outstanding academics, by following the processes and procedures in POL- U1600.01: Requesting an Appointment of Opportunity. Requests for dual career assistance appointments of opportunity shall follow PRO- U1600.01A: Requesting a Dual Career Assistance (DCA) Appointment of Opportunity.
  2. No special opportunity hires shall be made without approval of the affected department.
Letters of Offer
1. A faculty member is appointed by the President upon the recommendation of the department chair, the dean, and the Provost. The terms and conditions of appointment are contained in a letter of offer to the candidate, signed by the chair, the dean and the Provost.
2. The letter of offer shall include: the departmental assignment to be filled, academic rank, salary, expectations with respect to the completion of advanced degrees in relation to rank and tenure, reference to this Agreement and the Faculty Handbook, the date by which the faculty member must apply for tenure, and any other accommodations negotiated by the candidate.
Changes in Departmental Assignment or Appointment for Tenured and Tenure-Track Faculty
1. The University may not require a faculty member to accept a change in assignment except as a result of the termination of a program or department of instruction. Any such change must be carried out in a manner consistent with the RIF policy defined in Section 21.
2. Faculty members may request changes in the terms and conditions of their assignment as described in the original letter of offer. Any changes shall be agreed to in writing by the faculty member, the chair of the receiving department, the dean, and the Provost. Changes may be permanent or of specified duration. In the case of permanent changes, the faculty member relinquishes the right to return to the original contract without the agreement of the department chair, dean, and Provost. Changes of specified duration may be for a period of up to six (6) years and may be renewed by agreement of all parties. All such changes are subject to approval by the President, as appointing authority. The Union shall be notified of these changes.
Departmental Standards for Evaluation
Evaluation of Probationary Faculty
Tenure and Promotion
1. Eligibility for Tenure
2. Procedure for Tenure and Promotion
  1. Candidates shall submit a complete application dossier to the department chair. This dossier is compiled by the faculty member and should include an updated curriculum vita, previous annual evaluations, and departmental standards. Faculty are expected to provide the opportunity for students to complete evaluations for all sections. The teaching
    
    portfolio must include student evaluations of the instructional quality for at least one (1) section per year for all courses taught. The teaching portfolio may include a pedagogical philosophy, syllabi and other relevant teaching materials for courses taught during the period under review, and peer teaching evaluations by faculty colleagues. The supporting evidence for research/creative activity may include samples of completed work as well as the specific status of any work in progress. In appropriate cases dossiers may include materials from previous academic positions or other relevant experience. Supporting documentation from outside sources may also be included when available. Service in the department, college, University, community, and profession may also be documented.
    1. Once the dossier is submitted to the department for review, the candidate may not add any new evidence to the dossier, except to update the status of scholarly or creative work in progress.
  2. The department has the primary responsibility for the evaluation of the candidate’s dossier. Unless they are on leave, all tenured faculty (except the chair) are expected to submit an individual written assessment of the application along with a vote for or against tenure. Tenured faculty on leave may submit an individual written assessment of the application along with a vote for or against tenure. Probationary faculty, non-tenure- track faculty, and staff do not vote.
  3. The candidate’s dossier, evaluations by individual faculty members, the department chair’s letter, and the candidate’s response letter (if submitted) shall be forwarded to the dean of the college, who shall seek the advice of the college tenure and promotion committee, if provided for in the college evaluation plan. The committee is convened by the college. The committee shall review the candidate’s dossier in order to determine that the department’s review meets the standards set forth by that department and the college. A tenure and promotion committee member who is a member of a candidate’s department, shall not participate in that candidate’s review. The committee shall prepare a recommendation and justification based on the review, and provide a copy to the candidate and to the dean.
    1. If the college tenure and promotion committee recommends against tenure, the candidate has the right to submit a written response to the negative recommendation that will be included in the candidate’s dossier. The candidate must notify the dean of their intent to submit such a response within five (5) working days of receipt of the negative recommendation. The response must be submitted within fifteen (15) working days of receipt of the committee’s recommendation. The response must state the reasons why the candidate considers the decision incorrect. The response will accompany the candidate’s dossier with the individual letters from department colleagues, the chair’s letter, and the college tenure and promotion committee’s recommendation to the dean.
  4. Upon receipt of the committee’s recommendation, the dean shall review the candidate’s dossier and the recommendations. The dean shall make a recommendation with justification to the Provost. The dean’s recommendation shall be based on whether the department’s and college committee’s reviews meet the standards set forth by that department and the college.
    1. A copy of the dean’s recommendations and justifications shall be provided to the candidate before they are forwarded to the Provost. The candidate shall be permitted five (5) working days to review the letter and submit a response correcting any errors of fact.
  5. All candidate’s materials submitted to the dean, the review letters by the dean and the college tenure and promotion committee, and any response letter from the candidate shall be forwarded to the Provost. The Provost shall review the evidence and prepare a written recommendation with justification, copies of which shall be given to the candidate, the dean, and the chair.
    1. If the dean recommends against tenure and promotion, the candidate has the right to appeal to the Provost. This appeal must be lodged within fifteen (15) working days of receipt of the dean’s recommendation and must be in writing, stating the reasons why the candidate believes the decision is incorrect. The appeal will accompany the candidate’s dossier along with the individual letters from department colleagues, the chair’s letter, and the dean’s letter to the Provost.
    2. The Provost must respond in writing to the appeal within fifteen (15) working days after receipt of the appeal. The Provost shall prepare a written report with a recommendation and a justification, copies of which shall be given to the candidate, the dean, and the chair.
    3. If the Provost overturns the dean’s recommendation and favors tenure and promotion, all the materials will be forwarded to the President for review with an affirmative recommendation.
  6. All candidate’s materials submitted to the Provost, the Provost’s recommendation and any response letter from the candidate shall be forwarded to the President. The President shall review the evidence and prepare a written recommendation and justification. In cases where there are no appeals, a copy of the President’s recommendation and justification shall be provided to the candidate by March 15. The President shall submit their recommendation and justification to the Board of Trustees.
    1. If the Provost recommends against tenure and promotion, the candidate has the right to appeal to the President. This appeal must be lodged within 15 working days of receipt of the Provost’s recommendation and must be in writing, stating the reasons why the candidate believes the decision is incorrect. The appeal will accompany the candidate’s dossier along with the individual letters from department colleagues, the chair’s letter, the dean’s letter, and the Provost’s letter to the President.
  7. The President must respond in writing to the appeal within fifteen (15) working days of receipt of the appeal. The President will prepare a written report with a decision and a justification, copies of which will be provided to the candidate, the chair, the dean, and the Provost. The President must inform the candidate of the decision no later than May 15.
  8. If the President denies tenure in the final year of eligibility, the candidate may appeal the denial to the Board of Trustees. This appeal must be in writing, stating the reasons why the decision is incorrect and must be lodged within 15 working days of receipt of the President’s decision.
  9. The Board of Trustees’ decision shall be final.
  10. If, when the dossier reaches the dean, the Provost, or the President, the administrator feels that appropriate procedures and processes have not been followed or that the case needs some clarification, the administrator may remand the case to the appropriate lower level for reconsideration. The remand must be made in writing and must state the reason(s) for the remand. Response to the remand at the level to which the case has been remanded must take place within ten (10) working days.
3. Tenure Evaluation Outcomes
4. Process for Promotion to Professor

Post-Tenure Review (PTR)

Tenured faculty shall be reviewed every five (5) years starting with their most recent promotion, unless more frequent reviews are required for accreditation. The evaluation period for the first PTR begins on September 16 of the academic year of the submission of the previous promotion dossier. The evaluation period for subsequent reviews begins on January 15 of the academic year of the previous PTR. In cases of written notice of a faculty member’s intention to retire, the faculty member may choose not to be reviewed in the last year of service.
The colleges shall provide evaluation forms to be used by individual faculty. The chair shall summarize individual written faculty evaluations, record the departmental vote, and provide their own recommendation/evaluation.
Faculty shall be evaluated based on departmental standards for their rank. These departmental standards shall provide for flexibility to allow for fluctuations in the relative emphasis on teaching, scholarship or creative activity, and service across the career life cycle of the individual faculty member. Faculty shall compile an evaluation dossier with all relevant evidence since their previous review or promotion.
Under no circumstances is a faculty member reviewed without that individual’s knowledge. Faculty members who choose not to be reviewed fail the review.
The review takes place during spring quarter and follows the same process as that for tenure and promotion (Sections 7.7.2.1 through 7.7.2.4) except that upon receipt of the committee’s recommendation, the dean shall review the candidate’s dossier and make a final evaluation. A copy of the evaluation will be sent to the candidate and the department chair.
The faculty member’s performance shall be determined as having exceeded department standards, having met department standards, or not having met department standards in the areas of (1) teaching and/or librarianship, (2) scholarship/creative endeavor, and (3) service.
The performance of a faculty member must meet or exceed department standards in each of the three areas: (1) teaching and/or librarianship, (2) scholarship or creative activity, and (3) service to the institution, profession, and/or community as defined in the department evaluation plan. Faculty who do not meet department standards in any area will have failed the review.
Appeal of a PTR Decision
1. The faculty member has the right to appeal the dean’s decision to the Provost. This appeal must be lodged within fifteen (15) working days of receipt of the dean’s decision and must be in writing, stating the reasons why the faculty member believes the decision is incorrect. The appeal will be accompanied by the faculty member’s dossier along with the individual letters from department colleagues, the chair’s letter, and the dean’s written decision.
2. The Provost must respond in writing to the appeal within fifteen (15) working days after receipt of the appeal. The Provost shall prepare a written report with the decision and a justification, copies of which shall be given to the faculty member, the dean, and the chair.
A faculty member who fails the review will work with the chair or designee to address the deficiency. Progress toward addressing the deficiency will be discussed within the first year. The faculty member will be evaluated again, only in the area of deficiency, within two (2) years following the failed review.
Repeated failure in post-tenure review may be addressed as appropriate within Section 19 of this Agreement.

When tenured faculty members present their case for promotion during a year in which they are scheduled for post-tenure review, a successful promotion evaluation fulfills the PTR evaluation requirement and will be accompanied by the salary increases included for promotion and for successful PTR.

A faculty member who applies but is not granted promotion during a year when they were scheduled for review undergoes PTR that spring for additional feedback and possibility of the salary increase associated with PTR.

SECTION 8 NON-TENURE-TRACK FACULTY

Teaching Faculty
1. Appointments
  1. Non-tenure-track faculty are usually appointed for the longest period of time that the need for their services can be anticipated by the University, not to exceed three (3) years per contract.
  2. Non-tenure-track appointments expire at the end of the contract period. Non-tenure-track faculty are not eligible for tenure, and appointments do not normally lead to a change in appointment to a tenure-track position.
  3. Prior to extending an offer, the terms and conditions of employment of a non-tenure-track faculty member must be approved by the department chair, dean, and Provost.
  4. Contracts offered to all non-tenure-track faculty shall be presented in a letter of offer that states departmental assignment, non-tenure-track faculty title, the effective dates of the appointment, compensation, benefits, the FTE, a description of specific responsibilities, and any other accommodations negotiated by the faculty member. Non-tenure- track faculty will not be expected to perform duties for which they are not paid: that is, duties not outlined in the letter of offer.
  5. Upon completion of their contract of 0.5 annual FTE or greater, all senior instructors, and all those eligible for senior instructor status at the end of any academic year, will be offered at minimum a one (1) year contract for the next academic year and an additional commitment of employment for the following academic year at a minimum of 0.5 annual FTE. If programmatic need continues to exist at the end of the two-year period, and if the senior instructor’s performance meets departmental standards, as described in 8.1.3, such senior instructors will be offered an additional two (2) year commitment. When programmatic need exists, senior instructors may be granted multi-year appointments not to exceed three (3) years.
    
    Upon completion of three (3) multi-year appointments, which include two (2) year commitment periods as described in 8.1.1.5, each senior instructor will be offered at minimum a one (1) year contract for the next academic year and an additional commitment of employment for the following two (2) academic years at a minimum of 0.5 annual FTE. If programmatic need continues to exist at the end of the three (3) year period, and if the senior instructor’s performance meets departmental standards, as described in 8.1.3, such senior instructors will be offered a one (1) year contract for the next academic year and an additional commitment of employment for the following two (2) academic years.
    
    For the purposes of this section, the three (3) multi-year appointments necessary to earn a three (3) year commitment will include all multi-year appointments in effect since September 15, 2012.
  6. Normally, contracts for returning non-tenure-track faculty will be awarded no later than July 15. Teaching sections may be added to existing contracts after July 15.
  7. The University will consider qualifications such as teaching experience, diversity, merit and length of service at the University when making hiring and renewal decisions. The effective recommendation for hiring non-tenure-track faculty lies with the department, and shall be conducted according to departmental policies and procedures, subject to approval of the dean and Provost. Current non-tenure-track faculty shall not be denied reappointment for the sole purpose of hiring another non-tenure- track candidate at a lower salary.
2. Non-Tenure-Track Teaching Faculty Titles
  1. Instructor. Faculty employed for a non-tenure-track position outside the structure of tenure.
  2. Senior Instructor. An instructor who has taught a minimum of five separate academic years at 0.5 annual FTE or more at the University with satisfactory evaluations in each of those five (5) years shall be appointed senior instructor effective the following September. The 0.5 annual FTE is based upon a nine (9) month appointment at the University and on the teaching of credit bearing and/or applicable courses. Summer quarter FTE may be included in the calculation of 0.5 annual FTE. Appointment to Senior Instructor shall not result in additional duties without compensation beyond the senior instructor salary increase.
  3. Visiting Faculty. An individual may be appointed as visiting assistant professor, visiting associate professor, or visiting professor, provided the individual qualifies for the rank and the appointment is for a designated term.
3. Evaluation of Non-Tenure-Track Teaching Faculty
4. Termination
  1. Termination of non-tenure-track teaching faculty during their contract term may occur due to:
5. Non-Renewal
  1. Senior instructors with multi-year contracts shall be given notice of non- renewal by March 15 of the final year of the appointment. Failure to provide notice will result in a terminal one (1) year contract.
  2. Non-renewal is not grievable, except when the University is not in compliance with Section 8.1.1.7 of this Agreement.
6. Working Conditions
  1. Non-tenure-track teaching faculty shall have access to workspaces and support staff, as needed and appropriate, in order to perform duties outlined in the letter of offer.
  2. Non-tenure-track teaching faculty shall have access to materials as needed and appropriate in order to perform duties outlined in the letter of offer and as determined by the department chair and the dean. Such materials may include, but are not limited to, a computer (laptop for faculty who teach at multiple sites), access to a printer and phone.
7. During the term of this Agreement, the parties will form a committee, with equal numbers of participants selected by UFWW and the University, for the purpose of evaluating and potentially creating a system of reviews and resulting compensation increases for senior instructors who exceed performance expectations during the term of a multi-annual contract. Recommendations of the task force will be forwarded to the parties respective bargaining teams for consideration during negotiations for a successor agreement.
Research Faculty

SECTION 9 WORKLOAD

Responsibilities
Teaching Workload. The underlying principles for establishing teaching load are to meet the needs of students and program requirements effectively and efficiently, and to provide a supportive teaching/learning environment. Since teaching methods vary among disciplines, each department and college is best able to assess the efforts required in teaching in its discipline(s).
Libraries Faculty Workload
1. The underlying principles for establishing workload for tenured and tenure-track library faculty are to meet the needs of the University community effectively and efficiently and to support the teaching/learning environment.
2. In collaboration with the Department Chair of the Libraries, faculty develop a policy to determine the distribution of the librarianship load among its members. In order to provide an opportunity for promotion, such distribution must include appropriate time for scholarship of not less than an average of four hours per week, scheduled in mutual agreement with the Chair. The policies must be approved by the Dean and the Provost.
Grievance

Disputes regarding the application of Section 9.2.1 are subject to the grievance process specified in Section 20.

SECTION 10 PAID PROFESSIONAL LEAVES

Paid Professional Leaves. Professional leave is granted for the purpose of affording faculty members an opportunity to carry forward research, to improve teaching techniques or methods, or to participate in other creative endeavors which by their nature and scope enable individuals to enhance their contributions to the programs of the University.
Eligibility
Professional Leave Benefits
Reports
1. Within one (1) quarter after the faculty member returns from professional leave, the faculty member shall provide a written report to the chair, dean, and Provost, describing what was accomplished during the leave, including the benefits of the leave. The faculty member may be requested to present or provide a public lecture or, in some other way, share the benefits of the leave with the rest of the University community.
2. Faculty members who fail to submit the report required by this section, following a reasonable reminder to do so, shall not begin accumulating quarters of eligibility for future professional leave until the report is submitted.
Application Procedure
1. The Provost shall issue a call for applications for professional leave by mid- September.
2. The following information is to be supplied in an application form, which is obtained from the appropriate Dean:
  - The number of quarters and dates of leave desired;
  - A detailed statement of the applicant’s plans for utilizing the time requested;
  - A detailed description of how the proposed activities contribute to the individual’s area of study, professional development, and contributions to the University;
  - Names of institutions and individuals with which the applicant shall be associated, together with pertinent itineraries and specific dates;
  - A statement of any time to be spent on other duties and any compensation to be received;
  - A current vita;
  - In cases where technical support is required for the project, a statement of support costs and how these shall be met;
  - Additional material in support of the proposed program such as examples of the applicant’s work; and
  - Copies of reports of any previous professional leaves and reports of the results of any summer research or teaching grants or faculty development grants the faculty member may have received over the previous three years. The application should also include descriptions of any applications for summer research or teaching grants or faculty development grants that are still pending decision.
3. Upon receipt of materials from the applicant, the chairperson’s recommendation to the dean shall include an evaluation of the merits of the proposal and the benefits the activity described in the proposal could provide the faculty member and the programs offered in the department, college and/or University.
4. In making the recommendations to the dean, the chairperson shall describe the impact of granting the leave on the department’s course offerings and students’ progress.
5. The completed application shall be submitted by the chairperson to the dean of the applicant’s college by October 15.
Review Procedure
1. The application shall be judged on the basis of the following criteria:
  - Academic or scholarly significance;
  - Soundness of design, procedure, or operational plan, including clear objectives and timeline;
  - Relationship of planned activity to individual’s area of study and professional development;
  - Expected outcomes and benefits, including dissemination of results;
  - Evaluation of applicant’s ability to achieve the proposed goals;
  - Value of the project in terms of academic benefits to the institution upon the applicant’s return from the leave.
2. The dean of each college, in cooperation with the appropriate chairperson(s), shall evaluate all applications from the college. The deans of the colleges may implement additional review procedures at the college level consistent with the policies of the respective colleges. The merits of the application and the expected benefits to the individual, department, and the University shall be assessed using the criteria in 10.6.1.
3. The deans shall forward all applications with their recommendations to the Provost by November 15. The Provost, advised by a faculty committee composed of six (6) members, shall make the final decisions regarding the professional leave awards. The faculty committee shall be selected by the Provost from among those faculty members who have returned from professional leave within the previous three years. As far as possible, committee membership shall include faculty representing the different disciplines, though it is not the intent that each college shall regularly have a representative on the committee. The committee members serve three (3) year terms, two (2) members of the committee being replaced each year. The Provost shall notify the applicants and their chairpersons and deans of the decisions and provide them a written explanation of the basis for the decision by January 31st.

SECTION 11 LEAVES OF ABSENCE

Paid Leaves

Full pay and full status.
Standard contribution to retirement and health and disability plans.
Continuation of all other financial benefits.

Maternity Leave
1. Definition. Leave for maternity will cover the period in which a mother is unable to perform her faculty duties prior to, during, and after childbirth.
2. Benefits
  1. Paid leave for maternity will cover the period of disability prior to, during, and after childbirth as determined by the
    
    faculty member’s attending health professional and will be for one (1) quarter or its equivalent, but not to exceed twelve weeks. More leave may be granted if needed for medical reasons. (See also Sec. 7.7.1.1.2.1 regarding delay of tenure decision.)
  2. In the event an extended leave is medically necessary, the maternity leave period is considered as part of the one hundred eighty (180) calendar days maximum medical leave described in section 11.1.5. Paid maternity leave will run concurrently with any state or federally protected leave benefits for which the faculty member may be eligible.
  3. Faculty members on maternity leaves will receive benefits as in sections 11.1.4.3.
  4. Up to three (3) quarters of maternity or related extended medical leave will be counted in determining eligibility for professional leave.
3. Parental Leave
  
  Tenure-line faculty and non-tenure-track faculty with multi-year contracts will be entitled to up to one (1) full quarter of paid leave to care for a new child, a newly adopted child, or a child placed into foster care. Parental leave must be taken within one (1) year following the birth or placement of the child. Faculty members who choose to begin parental leave at the time of birth or adoption will be provided with paid leave until the end of the quarter in which the birth or placement occurs; faculty members who choose to begin parental leave at the start of a quarter, including the quarter in which the birth or placement is expected, will be provided paid leave for the entire quarter. Parental leave will run concurrently with available medical and/or maternity leave. Faculty members are expected to provide at least thirty (30) days written notice of anticipated parental leave when possible. With
  
  approval from the supervising dean, parental leave may be extended as unpaid leave.

Extended Medical Leaves. It is the intent of this policy to aid faculty through periods of disability and to encourage full and speedy recovery.

Definition. An extended medical condition means the incapacity to perform faculty duties for a period of more than two (2) weeks, resulting from accident, illness, or recurrent short-term illness. Use of medical leave up to one hundred eighty (180) calendar days may be part or full time depending on medical documentation.

11.1.5.2	Eligibility
	11.1.5.2.1	Tenured and tenure-track faculty are eligible for extended medical leave based on the FTE at the time of the leave and medical documentation. Non-tenure track faculty with 0.5 or greater appointment with a year or more of cumulative service are eligible for one hundred eighty (180) calendar days of medical leave or until the end of the contract, whichever is shorter. Benefits for non-tenure-track faculty will be provided only during the contracted service period and may not exceed the length of service with the University.
	11.1.5.2.2	Any faculty member on extended medical leave must submit to the office of the President or President’s designee a verification of the medical condition.
11.1.5.3	Benefits
	11.1.5.3.1	Leave shall be given for each separate case as required for recovery to resume normal duties up to the maximum time specified in 11.1.5.2.1.
	11.1.5.3.2	In general, benefits are awarded for a period of one hundred eighty (180) calendar days or for the period in which the individual is unable to perform assigned duties, whichever is shorter.
	11.1.5.3.3	Faculty members on extended medical leaves will receive benefits as in Section 11.1.4.3.
	11.1.5.3.4	If the need for medical leave continues beyond one hundred eighty (180) calendar days, the faculty member may receive long-term disability insurance benefits, provided that the faculty member has elected to carry such long-term disability coverage as part of their insurance package and qualifies under the rules of that plan.
	11.1.5.3.5	Up to three (3) quarters of extended medical leave will be counted in determining eligibility for professional leave.

11.1 .5.4 Administration of Extended Medical Leaves

Human Resources will inform faculty members of documentation required for extended medical leave. In coordination with the Provost's office, Human Resources will confirm necessary documentation and employment status for eligibility for extended medical leave.
Before resuming normal duties, the university may require a certificate of ability to return to normal duties.
Termination of extended medical leave benefits shall be preceded by advance written notice to the individual concerned and such termination is made through an official Personnel Action form.
In the event that a faculty member is assigned the teaching duties of a colleague taking extended medical leave, the dean and chair shall confer regarding appropriate release time or compensation.

Compassionate Leave
Bereavement Leaves
1. Definition. A bereavement leave is a leave to attend the funeral, memorial service, or other ceremony after the death of a family member, as defined in 11.1.2.
2. Benefits
  
  11.1.7.2.1. A bereavement leave may last up to a period of no more than one (1) week.
  
  11.1.7.2.2 Benefits are as in Section 11.1.4.3.
Leaves for Jury or Court Duty
1. Faculty members serving on juries or as witnesses in legal actions shall attempt to arrange their court obligations to minimize interference with their classes and other University responsibilities
2. Benefits

Leaves Without Pay

Extended leave without pay or benefits may be granted at the discretion of the President and the Board of Trustees upon the recommendation of the chairperson and dean. The types of such leave include unpaid compassionate leave, leave for elective office, and leaves for academic pursuits.

Definitions
Eligibility
Benefits

Military Leaves
1. Paid Military Leave
  1. The following legal provision applies to faculty and can be used when the faculty member cannot conveniently arrange to serve a period of active duty outside the academic year or summer session for which she or he is employed. Faculty members are entitled to military leave with pay not to exceed twenty-one (21) working days during each year, beginning October 1st and ending the following September 30th, in order to report for active duty, when called, or to take part in active training duty in such manner and at such time as they may be ordered to active duty or active training duty in the Washington National Guard or the Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps reserve of the United States or any organized reserve or armed forces of the United States. Such leave will not result in any reduction of benefits, performance ratings, privileges or pay. During paid military leave, the faculty member will receive their normal base pay.
    
    11.3.3.2 Paid military leaves will count as service towards professional leave.
2. Unpaid Military Leave

In addition to paid military leave provided pursuant to Section 11.3.3, faculty members will be granted a military leave of absence without pay for service in the armed forces of the United States or the State of Washington, or in connection with the military deployment of a spouse during a period of military conflict, to the extent required by applicable state and federal law.

SECTION 12 PROFESSIONAL CONDUCT AND CONFLICT OF INTEREST

Faculty members are expected to observe in all actions the highest standards of ethics consistent with the State of Washington statutes, the regulations of the Executive Ethics Board and its advisory opinions, and all policies of the University Board of Trustees. Faculty have a duty to comply with the Faculty Code of Ethics found in Appendix E of the Faculty Handbook.
Faculty members are expected to avoid “conflict of interest” and “conflict of commitment” as defined below:
1. A conflict of interest is any conflict between the private interests of the faculty and the public interests of the university including conflicts of interest specified under Washington statutes.
2. A conflict of commitment is any activity which interferes with the full performance of the faculty’s professional or institutional responsibilities or obligations.
The following policies are incorporated into the collective bargaining agreement by reference:
1. The University Policy on Financial Disclosure for Externally Funded Projects [POL-U5400.20, as revised from time to time];
Faculty shall not engage in misconduct in research and scholarship, defined as:
1. The intentional fabrication or falsification of data, research procedures, or data analysis; plagiarism; or other fraudulent activities in proposing, conducting, reporting, or reviewing research.
Faculty shall not use the facilities, equipment, or services of the University in connection with any activity creating a conflict of interest.
No faculty member shall participate in any University decision which involves the appointment, evaluation, promotion, retention, or dismissal of a family member or a person with whom they have an intimate personal relationship or which might have a direct effect on the condition of employment with the University of a family member or a person with whom they have an intimate personal relationship.
No faculty member shall review, audit, or administer public funds under the control of another family member or a person with whom the employee has an intimate personal relationship.
When a faculty member discovers that their duties will lead to making decisions regarding the appointment, evaluation, promotion, retention, or dismissal of a family member or a person with whom they have an intimate personal relationship, they will promptly inform their immediate supervisor (chair, director, or dean) and request that those duties be assigned to a different faculty member.
Members of the same family or persons in an intimate personal relationship may be employed by the University on the faculty in the same department or in different departments so long as each person meets the standards of qualification, and adheres to Sections 12.6 and 12.8.
The relationship faculty have with students carries the added responsibility to both the student and the University for the relationship to remain free of abuse of power or favoritism, or the appearance of abuse of power or favoritism.
Except for changes required by external agencies, law, regulations or court decisions, the Union will be given notice of any proposed changes to the policies referenced in this Section and the opportunity to bargain over these changes.

SECTION 13 DISCRIMINATION AND HARASSMENT PROHIBITED

The University and the Union are committed to the principle of equal employment and educational opportunity as expressed in various state and federal laws and in University policies, including, without limitation, laws and policies on prohibiting illegal discrimination, sexual and other harassment, and bullying. See relevant policies: “Ensuring Equal Opportunity and Prohibiting Discrimination and Retaliation” (POL-U1600.02); “Accommodating Persons with Disabilities” (POL-U1600.03); “Preventing and Responding to Sex Discrimination, Including Sexual Misconduct” (POL-U1600.04): “Implementing Affirmative Action Program” (POL- U1600.05): and “Prohibiting Intimate Personal Relationships Between Supervisors and Supervisees” (POL-U1600.06). See also the Code of Faculty Ethics found in Appendix E of the Faculty Handbook. University policies on these subjects are published on the university website. The University agrees to give the Union at least 30 days’ notice of changes and/or additions to these policies and/or the additions of new policies and the opportunity to bargain over these changes and/or additional new policies.
Faculty who violate policies and laws referenced in Section 13.1 are subject to discipline as described in Section 19 and have rights to Union representation and grievance procedures as described in Sections 19 and 20.

SECTION 14 WORKPLACE VIOLENCE

14.1 The University is committed to maintaining a work environment that is as free as possible from acts or threats of violence. The University will continue to make all reasonable efforts to protect the safety and security of faculty and the university community, and will maintain appropriate written policies for dealing with violence in the workplace. Faculty will not commit any act of violence nor engage in any threat or implied threat of violence. Faculty who violate this Section or University policies on this topic are subject to discipline, as found in Section 19.

SECTION 15 INTELLECTUAL PROPERTY

The Patent and Copyright Policy [POL-U4520.03] is hereby modified and incorporated by reference into this Agreement as Appendix A. Except for changes required by external agencies, law or regulation, or court decision, the Union will be given notice of proposed changes and the opportunity to bargain over those changes.
The Union and the University reaffirm the rights of faculty as described in PCC GUIDELINES FOR ALLOCATION OF COPYRIGHT [POL-U4520.03]. The Union and the University agree that faculty shall have exclusive rights to all copyrightable material that is not a work for hire. Material is not work for hire if it is produced within the scope of a faculty member’s normal responsibilities. Such material created by the faculty member remains the intellectual property of the author/inventor/creator, regardless of whether it is stored in paper or electronic form in university-owned cabinets, computer files, course management systems, course delivery systems or electronic storage devices. Works for hire are the result of a faculty member having been commissioned in writing by the University to produce a specific work that is explicitly out of the norm of regular duties as defined in the Agreement.

SECTION 16 OUTREACH AND CONTINUING EDUCATION (OCE)

Definitions
1. Summer Session. A finite and specific collection of individual course offerings made available to all eligible members of the campus community and general public. (Summer session teaching assignments are made through the special Summer Session contract. Summer Session is not synonymous with summer, the season of the year. The University offers numerous courses and programs during the summer months that are not official Summer Session offerings and do not use the special Summer Session contract. Those categories of work are governed by the same rules that apply at all other times of the year.)
All credit-bearing courses offered through OCE, including summer session, online, and independent learning courses, are bargaining unit work and covered by the provisions of this Agreement.
Any credit-bearing course or program developed for OCE shall be subject to the same curricular review and approval process that applies to all other credit-bearing University courses.

Adapting an existing course for OCE shall require approval by the department, the curricular body within the relevant college, and approval of the dean.
Credit-bearing OCE courses, including summer courses, will count toward FTE percentage for non-tenure-track (NTT) faculty for the purpose of determining eligibility for benefits and senior instructor status.
Compensation for all credit-bearing OCE courses will be subject to the terms of this agreement. Maximum class size will be determined by the department. The University shall provide necessary administrative and technical support for teaching a credit-bearing OCE course.
Correspondence courses, non-credit-bearing instruction, and non-instructional work contracted through OCE are governed by University Policy 5400.18. Work governed by 5400.18 cannot be used to compute workload, FTE level, or benefits eligibility.
Faculty may teach one or more courses above their regular teaching load with a recommendation from the department chair and approval by the dean.
Summer Session
1. All departments shall maintain a written policy governing the assignment of Summer Session classes. Changes to these policies must be approved by a majority of tenured and probationary faculty, the faculty governance committee, the dean, and the Provost.
2. The dean, after consulting with departments, determines the Summer Session schedule. Departments determine faculty assignments for summer session offerings according to their established policies regarding such faculty assignments. The dean may request from the department a rationale for individual course offerings. Once Summer Session registration begins, individual course offerings may be cancelled for enrollment reasons only in accordance with 16.11.
Correspondence and Contracted Independent Study. Correspondence and contracted independent study courses are not counted in workload or FTE computations. They are governed by University Policy 5400.18.
Online courses

assignments for online courses during the academic year. The dean may request from the department a rationale for individual course offerings.

Course Cancellations for Low Enrollment. Excluding study abroad, no OCE courses with more than five students may be canceled without the consent of the faculty member. If a course enrolling five or fewer students is to be canceled, the faculty member must be notified in writing by the chair or the Dean that the contract is canceled a minimum of two (2) weeks prior to the first day of the quarter. A faculty member may choose to cancel a course with more than five (5) students for pedagogical reasons but must do so no later than two weeks prior to the first day of the quarter.
Cohort Programs, Off-Campus, and Special Duties Assignments. Tenured and tenure- track faculty teaching in a cohort program may do so as part of their regular load or paid as an extra teaching assignment.

SECTION 17 DEPARTMENT CHAIRS

Appointment. Department chairs are appointed upon the joint recommendation of the dean and department based on the process established in the department and college evaluation plans, and subject to approval by the Provost. Only tenured faculty (or previously tenured emeritus faculty) are eligible to be department chairs. Department chairs must be eligible to be members of the Union’s bargaining unit, as described in Section 1. The appointment is for a fixed term set by the college.
Evaluation
1. Based upon input from the department faculty through the process described in the department and college evaluation plans, the dean shall periodically evaluate the chair and meet with the chair to discuss the results of the evaluation. Based on the evaluation, the dean and the department chair jointly develop performance goals. If during the term of the appointment, the chair fails to fulfill responsibilities outlined in 17.3.1, the dean may remove the chair.
2. In faculty review processes such as Post-Tenure Review, the teaching or librarianship, scholarly or creative activity, and service achievements of the chair will be assessed proportionally to the position appointment. The FTE of the chair is established by the reduction in teaching load as described in 22.5.4 of this Agreement.
Responsibilities and Leadership Role
1. The chair, with appropriate consultation with department faculty and staff, is responsible to the department, the college, and the university for performing the following duties:
  - Recommending appointment of new faculty and staff, including opportunity hires;
  - Administering the space and equipment allocated to the department;
  - Budget management and authority;
  - Addressing student and faculty concerns by using the relevant university procedures;
  - Administering faculty and staff development and performance reviews;
  - Reviewing and evaluating faculty tenure and promotion cases;
  - Developing and maintaining departmental records;
  - Managing the department’s resources;
  - Providing information to the dean in a timely manner for use in personnel and departmental resource decisions; and
  - Other duties assigned by the dean.
2. The chair, with appropriate consultation with department faculty and staff, also provides a leadership role in the following areas, as defined by the department’s evaluation plan:
  - Faculty teaching assignments and workloads;
  - Course scheduling;
  - Curricular planning; and
  - Effective communication within the department.

SECTION 18 ACADEMIC PROGRAM DIRECTORS AND ACADEMIC ADMINISTRATORS

Academic Program Directors
1. Appointment. A faculty member who has been formally assigned the responsibilities in Section 18.1.2 by the Provost or dean shall be appointed to serve as an academic program director for a fixed term. The appointment and its specific responsibilities must be documented in writing.
2. Responsibilities. The responsibilities of the academic program directors vary depending on the size and complexity of the program. Academic program directors are responsible for leadership of the program, including planning, curriculum, staff development and evaluation, managing the program’s resources; and developing and maintaining program records, providing information to the Provost or dean in a timely manner for use in personnel and program resource decisions, and facilitating the harmonious functioning of the program.
3. Evaluation. With input from the faculty and staff related to the program, the Provost or dean conducts a periodic performance evaluation of the director and review of the position, including workload and job expectations, and meets with the director to discuss the results of the evaluation and position review. Based on
  
  the evaluation, the Provost or dean and the director jointly develop goals for the following year. If, during the term of the appointment, the director fails to fulfill the responsibilities described in 18.1.2 or in the written letter of appointment in a satisfactory manner, the Provost or dean may remove the director.
  1. In faculty review processes such as Post-Tenure Review, the teaching or librarianship, scholarly or creative activity, and service achievements of the academic program director will be assessed proportionally to the position appointment. The FTE of the academic program director is established by any reduction in teaching load as described in 22.6 of this Agreement.
Academic Administrators
1. Appointment. Academic administrators normally are appointed by the Provost or dean following a formal search to a twelve (12) month position for a fixed term with option to renew and can be part-time or full-time depending on the specific position. The appointment and its specific responsibilities must be documented in writing.
  1. As faculty, academic administrators are eligible for the leaves in Sections 10 and 11 of this Agreement and accrue and expend vacation leave in the same manner as other faculty with twelve-month appointments.
2. Responsibilities. Academic administrators have similar responsibilities to those of academic program directors listed in 18.1.2. In addition, academic administrators normally have supervisory and budgetary authority over their programs, centers, and/or institutes. The specific responsibilities of the position will be outlined in the formal letter of appointment.
3. Evaluation
  1. With input from the faculty and staff related to the program, center, or institute, the Provost or dean conducts a periodic performance evaluation of the academic administrator and review of the position, including workload and job expectations, and meets with the academic administrator to discuss the results of the evaluation and position review. Based on the evaluation, the Provost or dean and the academic administrator jointly develop goals for the following year. If, during the term of the appointment, the academic administrator fails to fulfill the responsibilities described in 18.2.2 or in the written letter of appointment in a satisfactory manner, the Provost or dean may remove the academic administrator.
  2. If they are tenured or tenure-track faculty, academic administrators undergo faculty evaluations, such as Post-Tenure Review, as described in Section 7 of this Agreement. The teaching or librarianship, scholarly or creative activity, and service achievements of the academic administrator will be assessed proportionally to the fraction of the faculty appointment of the academic administrator.1
    Footnote 1 For example, if a faculty member has a 1.0 FTE appointment as an academic administrator and is required to do no teaching and/or librarianship or scholarship and/or creative activity, faculty members in the academic administrator’s department or college will only evaluate the academic administrator’s service. Such academic administrators will be judged to have met department standards in teaching or librarianship and/or scholarship and/or creative activity if their responsibilities as an academic administrator replace their responsibilities in teaching or librarianship and/or scholarship and/or creative activity.

SECTION 19 DISCIPLINARY ACTION/DISCHARGE

No faculty member shall be disciplined or discharged without just cause. Historical guidelines commonly used by arbitrators can be found in Appendix B.
The University shall employ, where appropriate, progressive discipline, including but not limited to the following steps: verbal warning, written warning, suspension without pay, and discharge. The University shall tailor discipline to respond to the nature and severity of the offense, and will not be required to apply progressive discipline where the University reasonably believes that the severity of the alleged offense calls for the imposition of discipline at an advanced step.
Disciplinary Procedures
Progressive discipline consisting of verbal warning or written warning will be administered by the dean.
1. A dean may recommend to the Provost suspension without pay or discharge. The Provost may initiate suspension without pay or discharge in writing, following the procedures in Section 19.3.

Investigations and Discipline during Summer

SECTION 20 GRIEVANCE AND COMPLAINT PROCEDURES

Purpose

The purpose of this procedure is to provide a process for the prompt and fair resolution of grievances and complaints. This procedure shall be the exclusive means of resolving grievances. Nothing in this procedure shall preclude a faculty member or the Union from resolving disagreements informally, provided that the resolution is consistent with the terms of this Agreement.
Definition of Grievance

A grievance is a claim by the Union, on its own behalf or on behalf of a faculty member or members, against the University, alleging one or more violations, misinterpretations, or misapplications of one or more terms or provisions of this Agreement. A grievance must arise during the term of this Agreement in order to be processed pursuant to the procedure in this Agreement.
1. The following are not grievable:
Definition of Complaint

A complaint is an allegation by a faculty member involving a judgment by the dean or Provost that is inconsistent with substantive academic judgment at the departmental level. The complaint procedure is also available for workload decisions not related to Section 9.2.1.
Grievance Time Limits
Cooperation Between Parties
1. Each party shall have the right to call witnesses of its own choosing at any grievance hearing.
2. Grievance meetings shall be scheduled at mutually agreeable times and places.
3. No employee shall be subject to reprisals of any kind for participating in any way in the grievance process.
4. Formal written grievances shall be submitted using the form in Appendix C of this agreement.
  
  Grievances shall include the following:
  1. the specific term(s) of the Agreement allegedly violated, misinterpreted, or misapplied;
  2. a statement of the facts upon which the grievance is based, including the date on which the alleged grievance occurred; and
  3. the remedy sought.
Grievance Procedural Steps
1. Informal
  
  Not later than twenty (20) working days after the circumstances giving rise to the grievance, or twenty (20) working days after the faculty member or Union should reasonably have learned of the circumstances giving rise to the grievance, whichever is later, the Union shall attempt to resolve the grievance by requesting a conference with the appropriate college dean or with the Provost if the grievance involves the Provost. The dean or Provost or designee shall schedule a meeting within five working days of the request at a mutually agreeable time and place.
2. Step One. If the grievance is not resolved at the Informal step, the Union may file a formal written grievance, as defined in Section 20.5.4, with the dean, or with the Provost if the grievance involves the Provost, within ten (10) working days following the informal meeting. The dean or Provost shall respond in writing within 10 working days of receipt of the grievance.
3. Step Two. If the grievance is not resolved at Step One, the Union, within ten (10) working days of the response, may submit the grievance to the Provost, or to the President if the grievance involves the Provost. The Provost or President shall meet with Union representative(s) at a mutually agreeable time and place. Within ten (10) working days of that meeting the Provost or President will issue a written response.
4. Step Three. If the grievance is not resolved at Step Two, the Union may appeal the Step Two decision to arbitration. A written demand for arbitration shall be submitted to the University within twenty (20) working days of the Step Two decision. The Union shall simultaneously submit a written request for arbitration to the American Arbitration Association (AAA) or to the Federal Mediation and Conciliation Service (FMCS) and request that the parties be provided with the names of seven (7) qualified arbitrators with experience in higher education issues. The arbitrator shall be chosen by the strike method.
5. Grievances by the Union relating to suspension without pay and discharge will be filed with the Provost at Step One as defined in 20.6.2. If such a grievance is not resolved at this level, the Union may submit the grievance to the President at Step Two as defined in 20.6.3. If the grievance is not resolved at Step Two, the Union may appeal the Step Two decision to arbitration as defined in 20.6.4. All timelines in Sections 20.6.2, 20.6.3 and 20.6.4 apply to 20.6.5.
6. The arbitration proceeding shall be conducted in accordance with the AAA’s Voluntary Labor Arbitration Rules.
Complaint Resolution Process

SECTION 21 REDUCTION IN FORCE

Definitions
Initiation of Reduction in Force
Retention priority criteria within academic units or sub-units. During reduction in force, the following criteria shall be utilized in determining the retention priority of all faculty members within an affected academic unit or sub-unit after programmatic needs have been determined:
Notice
1. Faculty subject to layoff under this section shall be given appropriate notice whenever possible, except notice is not required in layoffs due to financial emergency.
2. Faculty members shall be notified of termination via registered mail.
Re-employment. Re-employment procedures for laid-off faculty shall be as follows:
Affirmative Action Policy During Reduction in Force
1. In instances where application of the Retention Priority Criteria (above) shall have an adverse impact on the University’s affirmative action goals and obligations and the University’s commitment to a diverse and high quality faculty, the University shall make a good faith effort to prevent that impact by awarding retention priority to one or more tenured female and/or minority faculty members or other protected groups. Application of this policy shall have the effect of crediting the unit or sub-unit in question with the termination of an FTEF for the purposes of a reduction in force.
2. Affirmative action goals and obligations will be considered when faculty members would otherwise have the same retention priority.
Financial Emergency: Reductions Not Covered by the Exigency Policy
Declaration of financial emergency or financial exigency, decisions to discontinue or reduce programs or departments, and the scope of faculty reduction that result, are not subject to the grievance procedure.
The Office of Human Resources shall assist in the orderly transition from State-supported benefits to individually contracted programs.
Access to University Resources
1. Tenure-track faculty terminated under Reduction in Force shall continue to have access to their university email and internet account in accordance with University policies for the period in which that person is eligible for re- employment.
2. The university shall provide assistance in maintaining work products (including but not limited to living stocks) for the period in which that person is eligible for re-employment.

SECTION 22 COMPENSATION

High quality faculty and staff are crucial for providing students an integrated experience at the University. The University faces an increasingly competitive national marketplace for the services of faculty and staff. Therefore, the University needs to maintain ongoing emphasis on achieving competitive salaries and broad-based benefits for faculty and staff. The University and the Union agree to collaborate in furthering statewide awareness of the importance of investment in competitive salaries and broad-based benefits for higher education.

Salary
Compression and Equity Adjustments
Post-tenure Review. All faculty who have exceeded department standards in at least one category of teaching, research, or service and who have met department standards in the remaining categories in a post-tenure review shall receive a three percent (3%) increase to their basic salary effective the following September.
Promotion and Advancement
1. Tenured and tenure-track faculty who receive a promotion shall have their base salary increased by ten percent (10%) effective September 16 following the promotion.
2. Instructors who advance to senior instructor shall have their base salary increased by ten percent (l0%), effective September 16 following the advancement.
Department Chairs
1. Chair stipends are based upon the total combined departmental FTE of tenured faculty, tenure-track faculty/non-tenure-track faculty, and staff, calculated on October 31 of each year. The stipends are payable quarterly, including summer, and are determined according to the following formulae:
  1. Let FTE be defined as in 22.5.1 above.
  2. The stipend per quarter = $1647 + ($95 × FTE).
  3. The stipend per year = $6588 + ($380 × FTE).
  4. For academic year 2022/23, the stipends described in 22.5.1.2 and
    
    22.5.1.3 will be increased by the same percentage as the basic salary increases specified in Sections 22.1.4 and 22.1.5.
2. Annual faculty appointment contracts for department chairs, during their term(s) of chair duty, are for 9.5 months (September 8 - June 22).
3. Department Chairs receive a temporary three-quarter percent (0.75%) base salary increase on September 8th of each year they serve as Department Chair. This increase becomes permanent after four consecutive years of department chair service. Interruptions in service (as defined in Section 11) are accommodated provided the chair returns to the appointment after the leave and does serve a full four years. Chairs who are called back to chair service for reasons of administrative exigency may add all prior chair service toward fulfillment of the requirement that four consecutive years be served for the permanent salary increase. Salary increases do not accumulate during interruptions of service.
  
  Should a UFWW/WWU Collective Bargaining Agreement subsequent to the present one change or eliminate the compensation stipulation of this Section, the salary increases accumulated under the present Agreement will still vest after four
  
  (4) consecutive years of service, even if that four (4) year period ends after the expiration of the present Agreement.
4. Department chairs shall negotiate with the dean, with the approval of the Provost, any reduction in teaching load associated with the position; provided that the minimum release time from teaching for a chair will be fifty percent (50%).
Academic Program Directors

The program director will meet with the Provost or dean to determine the appropriate stipend and/or release time in accordance with the responsibilities of each position. A stipend shall be at least $1500 in each quarter, including summer session, for which there are program responsibilities. In no case will the compensation given to program directors for the current level of responsibilities decrease.
1. For academic year 2022/23 any stipends awarded under 22.6 will increase by the same percentages as the basic faculty salary increases specified in Sections 22.1.4 and 22.1.5.
Medical, Dental, Life and Long-Term Disability

Medical, Dental, Life and Long-Term Disability Plans, benefits and premium share are set and from time to time revised by the Washington State Health Care Authority.
Mileage

Authorized travel between campuses and/or worksite assignments shall be compensated at the current State of Washington mileage rate. Worksite is defined as an official WWU program site.
Professional Development
1. Each college will fund a faculty development and professional travel pool with an annual amount equal to $1,000 per FTE tenured/tenure-track faculty, and $500 per FTE non-tenure-track faculty member. The funds will be allocated and administered by deans of colleges and Library in accordance with criteria and procedures in guidelines developed within the faculty governance bodies of each college and the Library. All faculty members are eligible to apply for the funds. When requested, the Provost will review with UFWW representatives the faculty development and professional travel pool expenditures.
2. A supplemental faculty development pool for Creative Activity and Scholarship will be funded with an annual amount equal to $150 per FTE tenured/tenure-track faculty, and $75 per FTE non-tenure-track faculty member.
  
  The funds will be allocated and administered by Research and Sponsored Programs in accordance with criteria and procedures in guidelines developed within the faculty governance bodies of Research and Sponsored Programs. All faculty members are eligible to apply for the funds.
Retention

The University administration may, in consultation with the faculty member’s department, grant a salary increase to any faculty member for retention, provided that the Union is notified in writing of the change in salary and of the justifications for the change.
Stipends for Teaching Large Classes

The dean and the chair shall confer concerning the appropriate support and/or compensation for teaching large classes.
Release Time for Faculty Senate

Honoring the direct relationship and collaboration of the Faculty Senate and the University in shared governance, the University will provide a reduction in teaching load associated with the following positions in the university, depending on the scope of the role.
- Faculty Senate President
- Chair of ACC
- Chair of UPRC
- Legislative Representative
- Chair of Graduate Council
The Union will be notified of any changes proposed by the Senate and the University, and will be given the opportunity to bargain concerning those changes.
Compensation for Temporary Extra Teaching Assignments
1. Faculty may teach one (1) or more courses above their regular teaching load with a recommendation from the department chair and approval by the dean. Such temporary extra teaching assignments will be compensated by temporary additional pay at the rate of one thirty-sixth (1/36th) of the faculty member’s salary per credit hour.
2. Non-tenure track faculty who supervise independent study courses will be compensated at the rates specified in 22.15.2.1.iii.
Summer Research and Teaching Grants. The University will award the maximum feasible number of Summer Research Grants and Summer Teaching Grants for each summer during which this agreement is in effect. The minimum number of Summer Research Grants and Summer Teaching Grants awarded shall be no fewer than thirty (30) total per summer. Each

grant will be in the amount of $6,000 and will be awarded in accordance with the policies of the Office of Research and Sponsored Programs.
Extended Education
1. Summer Session2
  2 “Summer Session” is defined in Section 16.
  1. For Summer Session courses faculty are paid one forty-fifth (1/45th) of AY salary per credit. For Summer Session courses enrolling over fifteen
    
    (15) students, faculty are paid one forty-fifth (1/45th) of the AY salary per credit plus $54 per SCH for 16 students and above.
  2. Individually-supervised credit-bearing activities, such as independent studies, field research/experience, practicum, and internships in the summer will generally be paid at a per SCH rate. Deans may choose to offer faculty the salary per credit rate of pay (described in 22.15.1.1 above) for independent studies and internships. Per SCH pay is recommended for activities with nine (9) or fewer students, salary per credit is recommended for activities with ten (10) or more students. For each academic year of this Agreement, the minimum per SCH rates for these undergraduate and graduate courses will increase by the same percentages as the basic faculty salary increases specified in Section
    
    22.1. Enrollment shall be determined as in section 22.15.1.3.
  3. 22.15.1.3
    1. For purposes of determining compensation for independent studies, field research/experience, practicum, and internships in the summer, “course enrollment” is the actual enrollment on the census date of the quarter. For individual courses not delivered on the regular quarterly cycle a final enrollment date will be specified.
    2. No compensation payments are earned or paid for canceled courses or for courses with a census date enrollment of zero (0).
  4. For NTT Faculty teaching Summer Session, the academic year salary shall be annualized to determine summer salary. Once the academic year salary is annualized, all rules above apply.
2. Compensation for Credit-bearing Activity Governed by Section 16.5
  1. Correspondence and Contracted Independent Study Courses at the SCH rates of:

22.15.2.2. For academic year 2022/23 the rates specified in 22.15.2.1 will increase by the same percentages as the basic faculty salary increases specified in Section 22.1.

Study Abroad/Study Away:
1. Courses enrolling five or fewer students will be compensated on a per SCH basis at the rate of seventy percent (70%) of applicable tuition. Per SCH compensation cannot be applied to enrollments above five (5) students.
2. For courses enrolling six or more students the faculty member will be paid at the rate of AY salary per credit described in Section 22.15.1.1 above.
3. In addition to instruction, the faculty member will be compensated for the "additional duties" associated with travel programs.
4. The total compensation for instruction and additional duties as described may be divided between multiple faculty members in any manner mutually agreed.

Online Courses 22.15.4.1Course Development
Faculty may use summer teaching grants to develop these courses and still retain ownership.

22.15.4.2 Online Instruction. For online courses taught outside the regular teaching load, faculty shall be paid one thirty-sixth (1/36th) of their academic year salary per credit.
Cohort Programs, Off-campus and Special Duties Assignments

Non-Tenure Track Service Pool

The University will fund a non-tenure track service pool with an annual amount equal to $150 per FTE non-tenure-track faculty member per year. In determining the funds available for a specific academic year, the FTE calculations shall be based upon the previous academic year. The funds will be allocated and administered by the Provost in accordance with criteria and procedures in guidelines developed by the Faculty Senate and approved by the Provost. All non-tenure-track faculty members are eligible to apply for the funds. When requested, the Provost will review with UFWW representatives the non-tenure-track service pool expenditures.

SECTION 23: RETIREMENT

There is no mandatory retirement age for faculty members.
Eligible faculty must begin contributory participation in the WWU Retirement Plan (WWURP) no later than the beginning of the third year of eligible service unless the faculty member has previously established membership in a plan sponsored by the Department of Retirement System (DRS) and makes an irrevocable election to participate in the DRS plan

instead. For purposes of determining eligibility, spring quarter and the following fall quarter are considered consecutive quarters. Required contribution rates are outlined in the retirement plan documents and are currently five percent (5%) until age thirty-five (35), and seven and one-half percent (7.5%) until age fifty (50), and ten percent (10%) after age fifty (50).
The University contributes an amount equal to the faculty member’s required contributions. All contributions are invested according to the faculty member’s direction with the approved fund sponsors and funds.
A faculty member contemplating retirement should attempt to provide six (6) months of advance notice of the anticipated retirement date.
Faculty who retire early, as defined in the retirement plan, for any reason, including health and/or disability, may have their benefits reduced according to the provisions of law or the retirement plan.
The WWURP is contained in the Benefits section of the Human Resources web site. Except for changes required by law, regulations, or court decisions, the Union will be given notice of proposed changes in the level of benefits and the opportunity to bargain over those changes.

SECTION 24 FACULTY FILES

The University maintains three (3) official files for each faculty member:
Access to Official Faculty Files

SECTION 25 WORKPLACE SAFETY AND ERGONOMICS

The University will provide a work environment which complies with state and federal statutes regarding safety in the workplace. Faculty members may request a review of a workstation for compliance with appropriate ergonomic standards.
Faculty members shall not be required to work under hazardous conditions or to perform tasks which endanger their health or safety without appropriate precautions. Protective devices and first aid equipment shall be provided to faculty members who practice in hazardous instructional environments.
The University places a high priority on safety and security and expects all employees to follow all University policies and procedures on emergency preparedness and response.

SECTION 26 MISCELLANEOUS

If any of the terms of this Agreement are held to be invalid or unenforceable by operation of law or by any court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. Either party may request negotiations over those invalid portions for the purpose of achieving a mutually satisfactory replacement.
Except as specifically provided, this Agreement will take effect upon ratification by both parties.
There shall be no strikes or lockouts during the term of this Agreement or during the negotiation for a successor agreement.
A “day” for all sections in this Agreement is a working day unless otherwise noted. A working day is Monday through Friday when the University is open for business, even if classes are not scheduled.
Except as provided by this Agreement and applicable law, the University will satisfy its collective bargaining obligation prior to changing any term or condition of faculty employment. Further, the University will satisfy its bargaining obligation regarding the impact of any decisions made by the University in the exercise of its lawful managerial rights which affect faculty wages, hours, and other terms and conditions of employment.
Should any conflict exist between the provisions specifically set forth in this Agreement and policies and procedures of the University and/or the Faculty Handbook (including appendices), the provisions of this Agreement shall be controlling.
Professional staff employees of the University whose positions require teaching in areas of their professional expertise (e.g., lab support technicians, coaches) are excluded from coverage under this Agreement; provided that faculty will evaluate all teaching performed by such employees. The University will supply the UFWW with a list of employees and positions covered by this paragraph on or before the effective date of this Agreement. Additions to the list, other than to update the list because of the replacement of an employee holding a position on the list, will be subject to the mutual agreement of the parties.

SECTION 27 DURATION

27.1 This Agreement shall become effective when it has been fully ratified by both parties, and shall remain in effect through and including September 15, 2023.

SECTION 28 PARKING

Parking permit rates for current lots and Lincoln Creek will not change during the term of this Agreement.
On those days when they work during the evening shift, Library faculty shall have access to one evening parking permit held by the Library for parking spaces near the libraries after 5:00 p.m.

Executed this day of November, 2021.

Sabah Randhawa, WWU President
Theresa Warburton, UFWW President

Approved as to legal form, Assistant Attorney General

Appendix A

POL-U4520.03 PATENT AND COPYRIGHT POLICY

[Approved October 25, 1999, revised effective June 13, 2008]

Introduction

It is important for Western Washington University (WWU) to provide uniform policies and procedures for the regulation and administration of intellectual property rights generated by the activities of its faculty, employees and others associated with the University. The following University Patent and Copyright Policy is established. This Policy supersedes and replaces all prior patent and copyright policies.
Objectives
1. To define, clarify and protect the rights and equities of inventors and authors, the University, governmental or private sponsors of research, and the public, with respect to inventions and original works, by providing for just and equitable recognition of the legitimate interests of each of the above in such inventions and works.
2. To encourage broad utilization of the results of University research and to provide a vehicle for the transfer of new technology and ideas from the University to the community at large, by permitting exploitation (both commercial and otherwise) in the public interest and for the public benefit, in a manner consistent with the integrity and objectives of the academic process, including the goal of public dissemination of the results of research.
3. To stimulate innovative and creative scholarship, research and writing and its recognition, by facilitating where appropriate the receipt of fair economic rewards therefor in the form of royalty payments to inventors and authors from licensees (in the case of inventions) and publishers (in the case of written or similar works.)
4. To protect and benefit scholars and researchers in the University by promoting recourse to the patenting and copyright process and by providing information, support and liaison concerning the procedures and problems involved therein.
5. To encourage and assist scholars and researchers in identifying potentially patentable discoveries, to require prompt and early reporting thereof to the Patent and Copyright
  
  Committee (PCC) and to promote scholarly publication concerning such discoveries in a manner that does not prejudice the obtaining of a patent.
6. To devise and promulgate clear and practicable regulations, procedures and forms for the reporting and disclosure of original works that may be copyrightable, discoveries that may prove patentable and the timely prosecution of patent applications in appropriate cases.
7. To provide for the patenting or licensing or both of any invention or the copyrighting and licensing or both of any work, where appropriate, through the Patent and Copyright Committee or a patent management organization or publishing entity designated by that Committee.
8. To preserve and protect the rights, as agreed, of any government or private sponsors of research in any invention or work that may be generated by such research, and to ensure compliance with the other terms of any such research grant.
9. To preserve and protect the rights of the University in inventions or other original works which result from the use of University funds or facilities by faculty, employees, students or trainees, in keeping with state law.
Policy

The principle is hereby recognized that there are usually three interests involved in connection with research work and invention performed in the University by or under the direction of the research and teaching staffs of the University. These three interests are represented by the research worker or inventor; the University, and the general public whose taxes and gifts support the University. If the research is financed wholly or in part by an outside agency there exists an additional interest.

In general these interests are best served by immediate publication and dissemination of the results of the research. In some cases, however, the interests of all are best protected and furthered by patenting the discoveries and inventions resulting from the research.

Rights to intellectual property made by University personnel are allocated as follows:

Inventions Resulting from Research Supported by University Funds

Inventions resulting from research wholly supported by University funds shall become the property of Western Washington University. Faculty and staff members shall assign their rights to Western Washington University and shall be entitled to receive a share of the net profits (amount received by the University, less costs) derived from any exploitation of the patent. The share is determined according to the schedule included in the Procedures implementing this Policy.
Inventions Resulting from Research Supported by an Outside Agency

Inventions resulting from research supported by an outside agency, either wholly or in part, shall be governed by the provisions of the agreement with the sponsoring agency. In the absence of such provisions, the invention shall be regarded as deriving from the category of state or University supported research.
Inventions Resulting from Personal or Private Research

The University shall have no vested interest in inventions clearly resulting from personal or private research and developed by a person, without cost or expense to, or use of facilities, equipment or staff of the University. Such inventions may be voluntarily offered by the faculty member to the Patent and Copyright Committee for the possible securing of a patent and for subsequent developing, processing and exploitation under University aegis. If such offer is accepted by the Patent and Copyright Committee, the inventor shall assign her/his rights to WWU and shall thereafter receive SEVENTY- FIVE percent of the net profits if any (amount received by the University, less costs) derived from any exploitation of the patent.
Rights of Students

Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a student of the University who writes or produces any work shall have exclusive rights thereto, including the ownership of copyright therein.
Copyrights

This Policy is also designed to cover copyright of books, software or other similar materials, and of materials in the forms copyrightable under the laws of the United States or international copyright agreements.

Except for works produced or written for hire, any publishable material produced by a member of the faculty or staff of the University shall be the exclusive literary property of the author, if produced with de minimis use of University facilities, equipment or staff.

The author may obtain copyright or dedicate the work to the public as she/he chooses-- subject to any restriction imposed by sponsoring or funding agencies not under University control.

Works produced or written "for hire" are defined as manuscripts, software or other materials produced by persons who are engaged by the University specifically to produce such manuscripts or works, or released from other work to produce such materials. The University shall be the sole proprietor of any work done "for hire," and may make such disposition of resultant materials as it may choose. Borderline determinations should be documented, when desired, in accordance with the foregoing Patent Policy. Should any controversy concerning this Policy arise, it will be referred to the Patent and Copyright Committee.
Relinquishing University Rights

The University shall relinquish all of its rights to the inventor in the following cases:
1. If the invention is judged by the Patent and Copyright Committee to be the result of personal or private research, under the rules adopted by the state Executive Ethics Board; or
2. If the University decides not to secure a patent for an invention which is a result of personal or private research but has been submitted to the Patent and Copyright Committee voluntarily by the inventor for possible development and patent under University auspices as hereafter noted.
3. If the University determines that it is not in its best economic interest to pursue a patent on an invention, the rights will be released to the sponsoring agency (if such action is required by grant or contract agreement), or to the inventor.

In all cases of waiver of rights, the University shall relinquish its rights to the inventor by written waiver signed by the President of the University or by a designated agent. If the final unappealed decision of the Committee is that such invention was the result of personal or private research, such decision may be used by the inventor as evidence in establishing the priority of her/his invention. Any person aggrieved by the decision of the Patent and Copyright Committee, within THIRTY days after receipt of the ruling of the Committee, may appeal to the President of the University. Such appeal shall be in writing, shall state the grounds of appeal. The decision by the President shall be final.

PROCEDURES FOR THE ADMINISTRATION OF PATENT AND COPYRIGHT POLICY

The Patent and Copyright Committee

The Patent and Copyright Committee (PCC) shall be vested with authority to administer this Policy.
Membership of PCC

The PCC shall consist of the following persons.
1. The incumbent Vice Provost for Research who shall serve as the Chairman of the PCC.
2. The Director of the Bureau for Faculty Research, who shall serve as the Vice Chair and Convener of the PCC.
3. A Legal Consultant to the PCC, who shall be an ex officio non-voting member.
4. Two persons selected by the Vice Provost for Research from among the members of the Research Advisory Committee and approved by the President of the University or designee for a term of two years.
5. One person selected by the Faculty Senate and approved by the President of the University for a term of two years.
Meetings of PCC

The PCC shall meet as often as the Chairman and Convener deem necessary.
Powers and Duties of PCC

The PCC shall have the following powers and duties.
1. To interpret and apply the Patent and Copyright Policy, in keeping with applicable state law and regulations.
2. To evaluate inventions for patentability, scientific merit and economic feasibility, and where desirable to seek expert advice to assist it in making such determinations.
3. To decide on the category into which an invention or original work falls for the purposes of determining who has or shares the equity therein.
4. To determine the patent or related rights or equities of the University and other interested parties in an invention and to decide on the appropriate division of royalties.
5. To assign inventions to outside organizations for the evaluation, patenting and licensing of inventions, and to procure the receipt of royalties or other benefits by the University.
6. To release patent rights to the inventor in the absence of overriding obligations to outside sponsors of research, in cases where it is deemed equitable or appropriate to do so, subject to the written approval of the President or a person designated by the President.
7. To submit its decisions on patent and copyright matters to the President of the University, or to a person designated by the President for such purposes.
8. To provide assistance and advice to faculty and other research personnel concerning all aspects related to the patenting of inventions and the copyright in original works.
9. To ensure an effective system of patent and copyright administration by means of an ongoing review of applicable policies and procedures and to make reports and recommendations to the President thereon.
10. To do all things necessary to achieve the objects of the Patent and Copyright Policy, without being limited by the specific powers and duties enumerated above.
Appeals from Decisions of PCC

Any person aggrieved by any decision of the PCC may appeal to the President of the University or designated representative. Such appeal shall be in writing, shall state the grounds of appeal and shall be submitted to the President or such representative within THIRTY days after notification of the ruling of the Committee. The President shall respond to the appeal in writing within THIRTY days of the receipt of the appeal. The decision of the President or designee shall be final and binding.

PCC GUIDELINES FOR ALLOCATION OF PATENT RIGHTS

When University Has Exclusive Patent Rights

Subject to the provisions of the Policy with respect to relinquishment of rights and royalty sharing, the University shall have exclusive patent rights and title in and to any invention or discovery which emerges from any research, development or other program funded by the University, or is conceived or developed wholly or partially at the expense of the University or with the aid of its equipment, facilities or personnel.
When Inventor has Exclusive Patent Rights

The University shall relinquish all rights to the inventor in the following cases:
1. If the invention or discovery is adjudged by the PCC to have been made by the inventor independently of any contractual obligations to the University and without using University equipment, facilities or funds provided by the University or an outside sponsor.
2. If the invention or discovery is a result of approved consulting activities without any use of University facilities or of funds derived from the University or an outside research sponsor.
3. If the invention or discovery was made with the aid of University facilities or funds, but the PCC, with the written approval of the President or a designated agent decides to waive the University's rights or equity therein.
Rights of Students

Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a student of the university who

independently conceives of and produces any work shall have exclusive rights thereto, including the ownership of copyright therein. Student work produced as a result of a faculty member’s project is the property of the faculty member. If original student work results from a faculty member’s larger project, that portion of the project is the property of the student. Any dispute between the student and the faculty member regarding allocation of rights shall be adjudicated by the PCC.
Procedure for Reporting Inventions

All employees of the University, all non-employees who use University research facilities and those who receive grant or contract funds through the University shall promptly report and fully disclose any ideas for and/or reduction to practice of a potentially patentable invention or discovery to the PCC. The following procedure shall apply to such report and disclosure:
1. The report and disclosure shall be submitted in writing at the earliest opportunity to the PCC and shall include a written statement certifying whether the potentially patentable invention or discovery was the result of private research done independently of any contractual obligations to the University and without using University equipment, staff, facilities or funds, or whether it was the product of research done with the benefit of such assistance or with the aid of any outside research sponsor.
2. The PCC may forward the report and disclosure to the department chair or the immediate supervisor of the employee for evaluation. The departmental head or immediate supervisor to whom the report and disclosure are submitted shall review them and shall forward them to the PCC within THIRTY days after receipt, together with a written opinion regarding the accuracy of the originator's statement submitted pursuant to Paragraph 3.1 and the reasons for such opinion.
3. The Chairman and members of the PCC shall take adequate steps to assure and preserve the confidentiality of all invention disclosure documents.
4. The originator shall be notified of meetings of the PCC and may attend the meetings at which her/his report and disclosure will be considered.
5. The PCC shall within ninety days of the submission of the report, disclosure and required statement notify the President of the University, or a designated agent, the originator and the departmental head or immediate supervisor of its decision
  
  with respect to the disposition of the matter and the respective rights or equities of any interested parties.
6. The President or designated agent may overrule in writing the decision of the PCC, but failing such action within THIRTY days of submission of the decision to the President or such agent the decision of the PCC shall be binding on all parties, unless appealed within that time.
7. The originator shall be notified in writing of the final decision of the University.
Duty of Inventor to Execute All Necessary Documents

In cases where the University or an outside sponsor has an interest or equity in an invention or discovery, the inventor shall execute all such declarations, assignments or other documents as may be necessary in the course of invention evaluation, patent prosecution, or protection of patent rights in order to assure the title of the University or the University's ability to meet its overriding patent obligations arising from grants, contracts or other agreements of any kind with outside organizations, as the case may be.

Inventor’s Share of Royalties

Except as otherwise agreed and subject to any contrary obligations arising from grants, contracts or other agreements with outside sponsoring organizations, the inventor's share of royalties derived from the exploitation of any patent shall be as follows.

The inventor shall be entitled to receive a share of the net royalties received, “net royalties” being defined as gross royalty receipts less all costs incurred in connection with the patent, as follows:

Royalties	Inventor’s Share
Up to $5000	100%
$5001-100,000	$5000 plus 75% of the net royalties in excess of $5000
More than $100,000	$76,250 plus 50% of the net royalties in excess of $100,000

If there are two or more inventors, each inventor shall share equally in the said share, unless all inventors have previously agreed in writing to a different distribution and have notified the University in writing thereof.
Distribution of the inventor’s share shall be made annually from the amount of net royalties if any, received during the previous calendar year.
In the event of any litigation, actual or imminent, or any other action to protect patent rights, distribution of royalties may be withheld until resolution of the dispute.

Voluntary Transfer of Private Invention and Copyrighted Material to University and Royalty Sharing

A purely private invention or a copyrighted material, developed by a University employee independent of any contractual obligations and without any cost to the University or an outside sponsoring organization, may be voluntarily offered to the PCC for the purposes of patenting, development and exploitation as if it were an invention or a copyrighted material in which the University had an interest. If such offer is accepted by the PCC, the inventor or author shall assign her/his rights to the University and shall receive SEVENTY-FIVE PERCENT (75%) of the net royalties (being gross receipts less cost), if any, derived from the exploitation of the patent or the copyright.
Procedure with Respect to Outside Employment and Avoiding Conflict of Interest

Subject to any other approval that may be required pursuant to University or departmental regulations, collective bargaining agreements, or Faculty Handbook, or state law and regulations and in order to avoid any conflict of interest, or other violation of state law and regulation, before any member of the University's faculty or research personnel enters into an agreement with an outside employer which provides for or contemplates the grant of any patent rights to the outside employer arising from the outside employment, the following procedure must be adopted:
1. Such faculty member shall notify her/his Dean or Director in writing of the nature of the outside employment and the extent of the patent rights to be granted to the outside employer.
2. The Dean shall forthwith submit the notification to the Chairman of the PCC, together with her/his written recommendation thereon.
3. Unless the Chairman of the PCC notifies the faculty member to the contrary in writing within THIRTY days of the submission of the request, the University shall be deemed to have waived its rights to any invention or discovery made
  
  during the outside employment described in the request to the extent necessary to give effect to the grant of the patent rights therein described.
4. If the Chairman of the PCC objects in writing within the aforementioned period of THIRTY days, the faculty member shall not enter into the proposed employment agreement insofar as it provides for or contemplates the grant of patent rights to the outside employer with respect to any invention or discovery made by the faculty member while in the employ of the University and in which the University has any rights under this Policy.
Criteria Governing Outside Commercial Sponsorship of Research

Contracts and other arrangements between the University and outside commercial sponsors of research must comply with the following criteria.
1. Research investigators and the University shall be free to disseminate and publish the results of sponsored research, provided that in order not to jeopardize applications for patents the University may agree that any proposed publication will be submitted to the sponsor with notice of intent to submit for publication and that unless the sponsor in writing requests a delay within TWO months from the date of such notice, the investigators or the University shall be free to proceed with immediate publication. However, if the sponsor requests a delay, the submission of the manuscript will be withheld for the period requested, but in no event for longer than SIX months from the date of the notice of intent to submit for publication and only in order to permit the sponsor to prepare and file the necessary application.
2. The University shall retain the right to take title to any patentable inventions or discoveries arising from the undertaking of sponsored research, except that the University may grant an exclusive license to the sponsor for a period not exceeding EIGHT years and bearing a royalty to be agreed upon, or may grant a royalty-free license if the University has incurred no substantial expense and such a license is deemed appropriate.
3. Any agreement or arrangement with the commercial sponsor shall not impose any restrictions upon the University in conflict with its established policies and practices, but shall permit performance of the research or other investigation in the same manner and subject to the same administrative requirements applicable to research financed with the University's own funds.

PCC GUIDELINES FOR ALLOCATION OF COPYRIGHTS

Scope

The Policy covers books, software, or other written materials, as well as other original works in the various forms copyrightable under the copyright laws of the United States and international copyright conventions.
Notification to PCC on Intent to Publish Works

A faculty or staff member who writes or produces a work which they intend to exploit commercially shall notify the PCC in writing through the departmental head or immediate supervisor of such intention, providing appropriate details of the work and the circumstances of its preparation and seeking a determination from the PCC as to whether the work is or is not a work for hire. Should the intended commercial exploitation be contemplated using University facilities, equipment, or staff, the PCC will determine the appropriate distribution of the proceeds from commercialization. Publication of manuscripts in academic periodicals, collections and conference proceedings, are not subject to this notification requirement.

Rights of Faculty and Staff

Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a member of the faculty or staff of the University who writes or produces any work which does not require significant use of University facilities, equipment or staff, shall have exclusive rights thereto, including the ownership of copyright therein. Faculty and staff members shall own all rights to materials prepared on their own initiative for classroom, educational or professional purposes, and shall be exclusively entitled to the benefit of any royalties derived therefrom.
Significant use of University resources means use of University resources above and beyond resources normally provided during the course of one's academic work. However, the University will not construe the provision of personal office, department facilities, library, laboratory, word processing, data processing, or computation facilities as constituting significant use of space or facilities, nor will it construe the payment of salary or faculty research grants as constituting significant use of funds.

When the writing or production of the work requires significant use of University facilities, equipment or staff, the University and the faculty or staff member who prepared or produced the work shall share the net royalties (gross receipts less all costs), if any, which may be derived from the sale or licensing of such work according to the following schedule:

Royalties	Inventor’s Share
Up to $5000	100%
$5001-100,000	$5000 plus 75% of the net royalties in excess of $5000
More than $100,000	$76,250 plus 50% of the net royalties in excess of $100,000

Rights of Students

Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a student of the university who independently conceives of and produces any work shall have exclusive rights thereto, including the ownership of copyright therein. Student work produced as a result of a faculty member’s project is the property of the faculty member. If original student work results from a faculty member’s larger project, that portion of the project is the property of the student. Any dispute between the student and the faculty member regarding allocation of rights shall be adjudicated by the PCC.
Works for Hire

A work written or produced for hire is defined as:
1. A work commissioned by the University and prepared by an employee who is hired or assigned by the University specifically to produce such work.
2. A work prepared by a person who is not a regular employee of the University but who is specifically commissioned by the University to produce it pursuant to a signed written agreement which provides that the work shall be considered a work for hire.
Rights in Works for Hire

With respect to works for hire, the University shall have exclusive rights, including the copyright, but subject to any contrary terms of the employee's employment agreement and any restrictions contained in any contract with or grant from an outside sponsor, the

faculty or staff member who prepared or produced the work shall be entitled to receive such proportions, as the PCC in its discretion may determine, of the net royalties (gross receipts less all costs), if any, which may be derived from the sale or licensing of such work. However, such sale or licensing shall be within the sole discretion of the University, which shall be under no obligation to develop royalties therefrom.

Appendix B

Just Cause Guidelines

Just cause guidelines commonly used by arbitrators are as follows:

Notice. Did the Employer give to the employee forewarning or foreknowledge of the possible or probable consequences of the employee’s disciplinary conduct?
Reasonableness. Was the Employer’s rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the Employer's business, and (b) the performance that the Employer might properly expect of the employee?
Investigation. Did the Employer, before administering the discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?
Fair Investigation. Was the Employer’s investigation conducted fairly and objectively?
Proof. At the investigation, was substantial evidence or proof obtained that the employee was “guilty as charged?”
Equal Treatment. Has the Employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?
Penalty. Was the degree of discipline administered by the Employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in her or his service with the Employer?

Appendix C Grievance Form

Date

Dear Dean XXXX,

United Faculty of Western Washington (UFWW) is pursuing a grievance against you for the failure of the College of XXXX to comply with section XX of the Collective Bargaining Agreement (CBA) between WWU and UFWW.

Section 20 of the CBA states the following:

20.6.2 Step One. If the grievance is not resolved at the Informal step, the Union may file a formal written grievance, as defined in Section 20.5.5, with the dean, or with the Provost if the grievance involves the Provost, within 10 working days following the informal meeting. The dean or Provost shall respond in writing within 10 working days of receipt of the grievance.

This notice initiates Step One of the grievance procedures.
1. Specific Terms of the Collective Bargaining Agreement (CBA) violated, misinterpreted or misapplied
2. Statement of grievance
3. Remedy sought Sincerely,

XXXX

President, United Faculty of Western Washington

Appendix D

Compression and Equity Procedures

Compression and equity adjustments shall be made in the following manner for the duration of the 2015-2020 Collective Bargaining Agreement:

The current academic year in the following formula is the year during which the salary adjustments are to be awarded. The reporting academic year is the academic year for which the CUPA data are reported. This will be the academic year prior to the current academic year; for example, in determining salary adjustments for 2015-16, CUPA data from 2014-15 will be used.

Salary adjustments for eligible faculty shall be determined by the following formula3:

𝐴𝑖 = 𝑀𝑎𝑥[𝑇𝑗[𝑖],𝑘[𝑖] × 1.10∗ × (1 + 𝑀𝑖𝑛[𝑔(𝑌𝑖 ),16] × 0.0025) − 𝑆𝑖 , 0]

𝑎 × 𝑇𝑆

× ∑𝑁

𝑀𝑎𝑥[𝑇

× 1.10∗ × (1 + 𝑀𝑖𝑛[𝑔(𝑌 ),16] × 0.0025) − 𝑆 , 0]

𝑖=1

𝑗[𝑖],𝑘[𝑖]

𝑖 𝑖

N	Number of faculty eligible for compression and equity adjustments at Western
i	Index referring to an eligible faculty member
TS	Total of all faculty salaries in the bargaining unit in the year immediately prior to the current academic year.
𝐴𝑖	Additional amount to be added to the base salary of faculty member i.
j[i]	Index function referring to discipline (department) j, to which faculty member i belongs.
k[i]	Index function referring to rank/status k, which faculty member i possesses
𝑇𝑗,𝑘	Target salary for discipline j, rank/status k, defined as the mean salary reported to CUPA for the relevant peer group. See (2) below for details.

3 For 2019-20, use the following formula:

𝐴𝑖 = 𝑀𝑎𝑥[𝑇𝑗[𝑖],𝑘[𝑖] × 1.10∗ × (1 + 𝑀𝑖𝑛[𝑔(𝑌𝑖),16] × 0.0025) − 𝑆𝑖, 0]

100,000

× 𝑀𝑖𝑛 [ 𝑁 ∗

, 1]

∑𝑖=1 𝑀𝑎𝑥[𝑇𝑗[𝑖],𝑘[𝑖] × 1.10 × (1 + 𝑀𝑖𝑛[𝑔(𝑌𝑖),16] × 0.0025) − 𝑆𝑖, 0]

𝑆𝑖	Current academic year base salary of faculty member i (prior to the adjustment for the current academic year)
𝑌𝑖	Number of years of service as a tenure-track and tenured faculty member for faculty member i.
𝑔(𝑌𝑖 )	= {0 𝑖𝑓 𝑌𝑖 < 4 𝑌𝑖 𝑖𝑓 𝑌𝑖 ≥ 4
𝑎	Fraction used to calculate the amount of money available for distribution as determined by Section 22.2 of the 2015-2020 Collective Bargaining Agreement.
*	1.10 (110%) is an adjustment to account for cost-of-living differences between Western Washington University and the peer group specified in this Appendix, Section 2.a.

2. The College and University Professional Association [http://www.cupahr.org/] produces an annual higher education salary survey. The CUPA target salaries shall be based upon the following parameters:

The peer group used for target salaries shall be as follows:

2010 Carnegie Class: Master’s College and Universities (Larger Programs)

Affiliation: Public

Student FTE: 10,000 and above

Excludes Western Washington University.

Other CUPA parameters in calculating target salaries shall be as follows:

Comparison data aged at default aging rate (for example, 2.1% for the 2014-2015 data).

Aging Date: September 15 of the current academic year.

Weighted Statistics

For senior instructors, Tj,k shall be determined as follows. For faculty member i in discipline j, the “Per-Course Faculty (Four-Year Institutions)” survey data will be used to determine the mean per-credit hour wage rate Wj, for NTT faculty in discipline j as reported by CUPA. Let Ci, be the planned credit-hour load for faculty member i in the current academic year. Then:

𝑇𝑗[𝑖],𝑘[𝑖] = 𝑊𝑗 × 𝐶𝑖 × 1.10
For tenured and tenure-track faculty, Tj,k shall be obtained directly from “Faculty in Higher Education (Four-Year Institutions)” survey data.
If Tj,k (or Wj,) does not exist for certain j, k combinations in the relevant peer group, representatives of the administration and the UFWW (see 22.2.8) shall obtain an estimate of Tj,k (or Wj,) for those j, k combinations using a mutually agreed-upon peer group for which the Tj,k (or Wj,) do exist.
If j[i] is unavailable for faculty member i, representatives of the administration and the UFWW shall determine an appropriate code j for faculty member i. Changes in j[i] must be approved by the Provost and the UFWW President.
For academic year 2018-19, Si is the academic year base salary of faculty member i as it would be on January 1, 2019 if no Compression and Equity adjustment had been awarded on September 16, 2018.