ATTACHMENT ITEM 107-103-R0500

To: Board of Regents

From: Sue Hill, Director

Labor Relations and Personnel

Re: Approval of Tentative Agreement with Montana State University-Billings Faculty Association

Date: May 18-19, 2000

Enclosed is a summary of the proposed tentative agreement with the Montana State University-Billings Faculty Association. I expect the bargaining unit to ratify this tentative agreement before the May Regent meeting. If that does not occur, this item will be withdrawn.

The tentative agreement includes a unique one-year salary package for 1999-2000. In addition to a 3.81% base-building salary increase to be effective October 1, 1999, faculty in this bargaining unit are scheduled to receive a non-base building lump-sum payment equivalent to one percent of their salary. The reason this settlement exceeds the parameters for faculty salary increases in FY 2000 is because 2% of last year's salary increase was a one-time payment which was not added to base salaries. Faculty agreed to a lesser increase last year because of budget uncertainties. Specific language was included in the tentative agreement which puts faculty on notice that the funding of this salary settlement will require the cooperation and support of faculty, administration, and the faculty association in order to increase FTE by 8% annually, streamline curricula, review and shift faculty workload, and increase student retention.

It was also agreed that the salary matrix sets forth minimum salary levels (as opposed to both minimum and maximum levels). The employer was granted the flexibility to offer newly hired faculty salaries that exceed the matrix-indicated salary by up to 40%. Faculty salaries that exceed the matrix-indicated salary by more that 40% require the approval of the Faculty-Administration Collaboration Committee.

A rather significant change in the tentative agreement was to expand the role of the Faculty-Administration Committee which will in the future be referred to as the Faculty-Administration Collaborative Committee (FACC). Previously, the Faculty-Administration Committee merely interpreted the collective bargaining agreement. The new FACC was empowered to act as an ongoing collaborative committee to address faculty working conditions and personnel related issues. The Board of Regents will still be required to approve changes that are agreed upon by the FACC.

Tenure applications are to be submitted in the sixth year of probationary service and, if approved, tenure becomes effective in the seventh year. Previously, tenure was not effective until the eighth year. Faculty can be given credit towards tenure eligibility for up to two years (a reduction from three years) of service in a tenure-track position at another accredited university. The provisions dealing with lecturers were incorporated into the body of the agreement. Previously they were contained in a separate memorandum of understanding.

The tentative agreement includes major revisions in the manner in which faculty are evaluated. Probationary faculty receive an extended evaluation every other year, including a required review in the sixth year. Newly hired faculty will participate in the development of a position description that will contain some common expectations of all faculty along with goals and expectations that are unique to the position. This position description will provide faculty with the criteria which will be used in subsequent evaluations. Continuing faculty may elect to be evaluated under these new procedures or may choose to continue to be evaluated under the existing procedures.

The post-tenure review process was strengthened. Tenured faculty who receive an unsatisfactory performance review will be required to participate in the development of a position description and a written plan of improvement. If faculty members fail to participate in the development of a position description or the plan of improvement, or to make the needed improvements they will receive a salary freeze. Termination proceedings shall be initiated if a salary freeze is imposed for three years. If external funding can be obtained, faculty whose post-tenure review is judged to reflect meritorious performance shall receive a $750 non-base building performance bonus. Since tenured faculty are evaluated every three years, only one-third of tenured faculty are eligible for a performance bonus in any one year.

The grievance procedure was revised to include a role for the President of Montana State University-Bozeman. A process was agreed upon for the revision of the student grievance procedure.

I enjoyed participating in this round of negotiations with the MSU-Billings Faculty Association and am pleased to recommend approval of this tentative agreement. The changes to the collective bargaining agreement incorporated in the tentative agreement are the result of months of invigorating discussions and are believed to be mutually advantageous to faculty and administration.

xc: Commissioner Crofts

President Roark

Chancellor Sexton

Summary of Tentative Agreement

between

The Board of Regents of Higher Education

and

Montana State University-Billings Faculty Association

Modify the 1997-1999 agreement as follows.

1. 2.000 GENERAL CONTRACT PROVISIONS

2.100 DEFINITIONS

ADMINISTRATIVE UNIT

Modify definition as follows: "Includes Departments and other academic units or programmatic organizations recognized by the University in the Colleges of Arts and Sciences, Education and Human Services, Business, and Professional Studies and Lifelong Learning, the Library, the Student Affairs Division, and other special programs."

Add the following definition:

" DEPARTMENT

Term may be used synonymously with Administrative Unit."

ADMINISTRATIVE DEPARTMENT/UNIT CHAIR

Modify definition as follows: "Department Chairs or Program Managers in the Colleges of Arts and Sciences, Education and Human Services, Business, and Professional Studies and Lifelong Learning, the Director of Library and Audio Visual Services, the Student Affairs Vice Chancellor, and the directors of other special programs.

Add the following definition:

"PRESIDENT

The President of Montana State University."

2.200 DURATION

Modify as follows: " This Agreement shall be in full force and effect from the date of Ratification by the Board of Regents of the Montana University System and shall continue until and including June 30, 2001; and shall be considered as renewed from year to year after June 30, 2001, unless either party notifies the other in writing at least ninety (90) days prior to the expiration of the Agreement or any anniversary date thereafter, of its desire to modify or terminate the Agreement. It is agreed that the collaborative negotiations process shall be utilized to negotiate a subsequent agreement covering the period from July 1, 2001, through June 30, 2003.

The Commissioner and the Faculty Association have and shall retain all rights conferred by law or current Board policy. The faculty has and shall retain all rights conferred by law and the benefit of policies specifically applicable to the faculty as a whole in effect subsequent to July 1, 1999."

2.300 ENTIRE AGREEMENT

In the first sentence, add the words "MSU-Billings" before "administration."

2. 3.140 INFORMATION AND DATA

Add the following paragraph before the final paragraph: "The MSU-Billings Faculty Association shall have full and timely access to the Board of Regents’ Complete agenda and approved minutes."

3. 5.400 STUDENT GRIEVANCES Add following note to title: "(SEE APPENDIX 2)"

4. 6.000 SHARED GOVERNANCE

Modify 6.200 through 6.280 as follows.

"6.200 FACULTY-ADMINISTRATION COLLABORATIVE COMMITTEE (FACC)

The FACC is formed to act as an ongoing collaborative committee to address faculty working conditions and personnel related issues that affect faculty, administration, students and other constituencies at Montana State University-Billings. Specifically, the FACC will be empowered to initiate, formulate, and interpret contract issues between the Montana State University-Billings Faculty Association and the University Administration on an ongoing basis.

"6.210 MEMBERSHIP

Membership in the FACC shall consist of four (4) members from the University Administration, and four (4) members appointed by the MSU-Billings Faculty Association. Other resource people may be included on an “as needed” basis.

"6.220 PROCESS

The University Administration will have one vote and the MUS-Billings Faculty Association will have one vote. All issues must be decided unanimously. The process will follow the general guidelines governing collaborative bargaining. The FACC members will keep sensitive personnel issues confidential. For issues on which the University Administration and the MSU-Billings Faculty Association cannot agree, the current contract will rule.

"6.230 DISSEMINATION

The MSU-Billings Faculty Association will be responsible for all necessary communication with the members of the Faculty Association. The MUS-Billings Administration will be responsible for all necessary communication with the students, Administration and the Board of Regents.

"6.240 RATIFICATION AND REVIEW

Issues relating to the contract or policy changes will be subject to a first and second reading before adopted. The second reading shall not occur until at least two weeks following the first reading, during which time, the proposal(s) shall be publicly posted (on the web and/or through c-mail). All responses will be reviewed by the FACC prior to the second reading.

Proposals passed on the second reading will become effective immediately on a trial basis until formally ratified by the membership of the Faculty Association, the Administration, and the Board of Regents. The Faculty Association Ratification vote will occur before the close of the Spring Term each year.

"6.250 MEETINGS

For consistency, meetings shall be scheduled at the same time each week and shall occur as often as necessary to resolve issues on the agenda. The chair will be designated from among the members of the committee and will generally rotate on an annual basis between the University Administration and the MSU-Billings Faculty Association.

"6.260 SUBCOMMITTEES

The FACC may appoint and empower subcommittees to address specific issues. Membership on the subcommittees need not be comprised of those on the FACC.

"6.270 AGENDA SETTING

A formal agenda will be set and disseminated to members of the FACC prior to the meeting. Any member of the FACC may bring an issue to the committee for consideration. Members may bring issues to the committee on behalf of constituents. The FACC will determine which issues are appropriate to be addressed by the committee. At the beginning of each meeting, the chair shall propose and the members shall agree on an order of the agenda items to be considered that meeting.

"6.280 PROCESS PRECEDENTS

The FACC shall establish and rely on precedents in the consideration of issues brought before it. A public database shall be established to catalog and maintain the issues and their resolutions may be relied upon to maintain consistency and due process in the future. However, while the FACC must consider consistency and precedents in developing policies and rendering decisions, it may choose to establish new precedents as the need arises."

5. 7.000 APPOINTMENTS

7.111 CREDIT FOR PRIOR SERVICE

Change the first 3 sentences to read as follows: "Tenure Applications shall be submitted in the sixth (6) probationary year. The total time period of full-time service prior to the acquisition of continuous tenure shall not exceed six (6) academic years, which may include up to two (2) years of full-time service in tenurable ranks at regionally accredited, United States, four-year institutions of higher education. Up to two (2) years of credit for service at foreign four-year institutions of higher education at the rank of instructor or higher may be granted toward acquiring continuous tenure status by agreement among the faculty member, the administrative Department Chair, the Dean and the Academic Vice Chancellor. Probationary credit for prior service must be agreed to in writing between the faculty member and the Academic Vice Chancellor prior to the initial appointment at Montana State University-Billings."

7.130 SPECIAL APPOINTMENTS

Change No. 5 as follows: "5. Lectureship appointments, for the performance of specifically assigned academic duties, without general faculty responsibilities. Specific provisions governing University lectureship appointments and responsibilities are included in section 7.200, below. Individuals holding special appointments are not eligible for tenure, and service while holding a special appointment does not count toward probationary service for tenure. All special appointments automatically lapse at the end of the fiscal year or the specified contract term, whichever occurs first."

Modify 7.200 through 7.280 as follows:

"7.200 UNIVERSITY LECTURER APPOINTMENTS

Lecturers will be appointed upon the recommendation of the host department, the Dean of the college, and the Academic Vice Chancellor for a one year term. The appointment is renewable on a year to year basis at the discretion of the administration. Lecturers are automatically terminated at the end of their contract period unless they have specifically been rehired for a subsequent year. The first year of a lecturer’s appointment is a period of probation and a lecturer may be terminated during that period at the discretion of the administration. After a lecturer’s first year of full time employment, termination during the contract period must be for cause. No reasons need be given for termination during the first year of full-time employment or for termination at the end of a contract period, However, lecturers in their second or subsequent year of full-time service must be notified of the nonrenewal of their contract by March 15 of each year. After one academic year or longer break in service, lecturers must serve a new probationary period. While this is a non-tenurable appointment, in the event a lecturer subsequently applies for and is accepted in a tenure track position, years of service as a lecturer will not count toward tenure.

Lecturers may be appointed on a semester, academic year, or summer basis. No appointment will be less than .5 FTE for the academic year. Lecturers may be eligible for summer employment to meet programmatic needs as determined by the dean.

Any faculty member currently on a tenure-track appointment may, upon request, and with the approval of the department, the Dean, the Academic Vice Chancellor, and the Chancellor, convert his/her position to that of University Lecturer.

"7.210 LECTURER RESPONSIBILITIES

The responsibilities of individual lecturers will be stated in a position description as outlined in section 9.600 of this contract. Normal teaching, advisement and service requirements of a lecturer shall conform to the following guidelines:

A. Each full-time lecturer will teach no less than a 24 credit load for an academic year or a 12 credit load for a semester. The teaching schedule will be assigned by the department chair and approved by the dean.

B. Each lecturer will be assigned undergraduate advisees by the department chair.

C. Lecturers will be assigned to department and college committees. They may be asked to serve on special task forces, but normally will not be expected to serve on University committees.

D. Lecturers will not be expected to serve as graduate advisors. In limited circumstances a qualified lecturer may teach in a graduate program.

"7.220 LECTURER OFFICE HOURS

Lecturers will keep regular posted office hours on a schedule approved by the department chair. Given the lecturer’s teaching and advising responsibilities, office hours for lecturers will commonly be more extensive than office hours for tenure track faculty.

"7.230 RANK

Lecturers will hold rank only as lecturers and will not be eligible for rank advancement.

"7.240 SALARY

Lecturers will be compensated at the same rate as instructors as specified in section 14.144.

"7.250 BENEFITS

Lecturers are eligible for sick leave, personal leave, health insurance, and retirement in the same manner as other faculty. They will adhere to the academic calendar and will not earn vacation leave, but all other leave policies will apply to this position.

"7.260 EVALUATION

Lecturers will be evaluated annually using the process stated in section 9.600.

"7.270 RATIO OF LECTURERS TO TENURE-TRACK PROFESSORS

The University recognizes the importance of tenure-track faculty in its academic programs; therefore, a ratio of no more than one lecturer to six tenure-track faculty will be employed (1:6). At no time will lecturers compose more than 15% of the full-time equivalent faculty.

"7.280 FUNDING

The funding for lecturer positions will come from current University budget sources. Fixed-term and tenure track lines may be converted to lecturer lines."

7.300 HIRING PROCEDURES

Change the first sentence of the second paragraph to read as follows: "A file containing a detailed position announcement including rank, the appropriate terminal degree, and a recruiting plan which includes procedural deadlines, shall be submitted by the Search Committee Head to the appropriate Dean for review."

Following the third paragraph, change item D to read as follows: "Proposed Position Description for the candidate. The Position Description must conform to the guidelines stated in section 9.620."

Renumber subsequent items through 7.600.

6. 8.200 DUTIES AND RESPONSIBILITIES

Modify items 3, 4 and 5 as follows:

"(3) Participate in preparation and modification of faculty Position Descriptions in accordance with Sections 9.600.

(4) Review Lecturers in accordance with Section 9.632.

(5) Participate in the plan of improvement process in Post Tenure Review in accordance with Section 9.710G."

7. 9.000 PROFESSIONAL EVALUATION OF FACULTY

9.210 Change title to read as follows "DEPARTMENT OR ADMINISTRATIVE UNIT RANK AND TENURE COMMITTEE"

9.221 FUNCTIONS

Modify as follows:

"E. Hear Position Description appeals and make recommendations to the Faculty Administration Collaboration Committee (FACC) as specified in Section 9.600."

9.320 Change title to read as follows: "9.320 DEPARTMENT OR ADMINISTRATIVE UNIT CRITERIA"

Change first sentence to read as follows: "The Academic Vice Chancellor shall designate the administrative units required to submit their unit criteria for review during the academic year."

9.333 CRITERIA FOR RANK ADVANCEMENT

In A, following "(2) years" add "of full-time service."

In B, following "(4) years" add "of full-time service."

In C, following "(4) years" add "of full-time service."

9.334 CRITERIA FOR TENURE

Change A and B as follows:

"A. Tenure Applications shall be submitted in the sixth (6) probationary year. The total time period of full-time service prior to the acquisition of continuous tenure shall not exceed six (6) academic years, which may include up to two (2) years of full-time service at other four-year institutions of higher education, as provided for in Section 7.111 (Credit for Prior Service). Four (4) academic years of full-time service at Montana State University-Billings are required before making an award of continuous tenure.

B. The evaluation period for tenure shall be the entire term of employment in probationary status at Montana State University-Billings. Service under full-time temporary appointments at Montana State University-Billings for a period not to exceed two (2) years immediately preceding the faculty member’s initial probationary appointment may, at the faculty member’s option, be considered in the tenure evaluation. However, the faculty member must exercise this option in writing in the first probationary evaluation."

9.420 ASSESSMENT INSTRUMENT

Change the first sentence to read as follows: "The campus-wide assessment instrument which was agreed upon through negotiations and is included as Appendix 1 shall be used."

9.500 PROCEDURES BASED ON PREVIOUS CONTRACTS

Change to read as follows: "The complete procedures delineated in this section are applicable only if the employee was hired for a tenure track position prior to the 2000-2001 academic year and not subject to the conditions of exception stated in section 9.000."

9.520 EVALUATION OF PROBATIONARY FACULTY

Delete the second sentence which reads "No faculty member shall be evaluated until the completion of one (1) full academic term of service at the University."

9.540 EVALUATION FOR TENURE

Change the first sentence of the first paragraph to read as follows: "Tenure evaluation shall be conducted during the sixth (6th) year of probationary service on a six-year tenure track." Delete the second sentence in the first paragraph.

9.550 RANK ADVANCEMENT AND TENURE APPLICATION PROCESS

Change G to read as follows:

"G. In the event of a denial of tenure or promotion, a faculty member does not have the right to file a grievance under Article 16.000. The appeals process included herein shall be used in lieu of such grievance procedure. A faculty member may appeal a negative promotion or tenure decision of the Chancellor to the President of Montana State University-Bozeman. Any such appeal must be filed within thirty (30) calendar days following receipt of the Chancellor’s written negative decision. The procedures of Regent policy 203.5.2 shall apply thereafter.”

9.600 Change as follows:

"9.600 EVALUATION PROCEDURES II: POSITION DESCRIPTIONS

"9.610 Evaluation Process

The following will be the faculty evaluation process for all new faculty (including those assigned to tenure track, fixed term, and lecturer positions). All faculty currently under contract may opt to be evaluated under these guidelines or may continue to be evaluated under guidelines and procedures outlined in Section 9.500

"9.620 Position Descriptions

9.621 Content

The Position Description Agreement

(a) Can be unique for each faculty member.

(b) Will contain the following common expectations of faculty: (a) All faculty are expected to demonstrate excellence in teaching; (b) All tenure-track faculty are expected to engage development and contributions and service to the University and the public. The individual manner in which each of these common expectations are to be met will be addressed in the specific goals and objectives for the faculty member.

(c) In addition to common expectations, faculty may be hired to accomplish other University goals. The Position Description will contain the additional expectations.

(d) Will be drawn up jointly between the Dean, the Unit Chair and the individual faculty member.

(e) Will reflect the needs of the University, College and Unit, and the abilities, experience, interests and strengths of the faculty member.

(f) Will state the goals and objectives expected to be attained by the individual faculty member and a timeline for attainment of each goal and/or objective. This will include an explicit statement citing the expected proportion of faculty time to be devoted to teaching, scholarly endeavors, and service.

(g) Will be consistent with both the University and the Unit evaluation criteria.

(h) Any extraordinary support to be provided by the University to assist the faculty member to accomplish a special project or projects, will be specified in the position description."

9.666 through 9.720

Change to read as follows:

"9.622 New Faculty

As a condition of employment, all new faculty members will sign a Position Description agreement with the University. A preliminary Position Description for the first year of employment shall be provided to the faculty member along with the offer of employment. A final Position Description must be signed and submitted with the letter of acceptance of employment. The initial Position Description must be drawn up in accordance with the procedures described

above.

"9.623 Continuing Faculty

Continuing faculty hired prior to the 2000-2001 academic year may be evaluated according to the practice established in previous contracts as outlined in Section 9.500. Those faculty members will have the option to develop a position description as outlined in this section (9.600) and be evaluated according to the goals and objectives of the position description. If there is disagreement over any aspect of the Position Description Agreement between the Dean, Unit

Chair, and individual faculty member, the faculty member may elect to (1) continue to be evaluated through the process outlined in Section 9.500 or (2) appeal the rejection of a proposed Position Description Agreement as outlined in section 9.625. If the faculty member elects to appeal, upon resolution of the appeal, the affected faculty member will be evaluated under the Position Description process. Once a faculty member is evaluated according to the Position Description process, the faculty member may not then choose to be evaluated under previously-used criteria stated in Section 9.500

"9.624 Modification of the Position Description

Each year, the Position Description will be reviewed and may be modified by mutual agreement between the Dean, Unit Chair, and the individual faculty member.

Since one purpose of the Position Description is to provide faculty members with consistent evaluation processes and criteria, significant year-to-year changes in the Position Descriptions should not occur except with the mutual consent of the Dean, Unit Chair, and faculty member. Nonetheless, it must be recognized that changes in faculty interests as well as changing University needs are valid reasons for proposing that a Position Description be modified. If modifications are proposed, every effort should be made to achieve mutual agreement regarding any Position Description modifications. The Dean, Unit Chair, and the individual faculty member will draw up the revised Position Description jointly.

"9.625 Appeal Process In the event that the faculty member, the Dean, and the Unit Chair cannot agree on a new or modified Position Description for the faculty member, the following process shall be used to determine the Position Description:

The individual faculty member, the Dean and the Unit Chair shall meet and determine which parts of the proposed position description are agreeable to all. Those portions shall be adopted and not subject to further appeal. For the remaining issues, each party to the disagreement shall provide the other with a written statement of their best and final proposal, with reasons, for inclusion in the Position Description. If there is no agreement within 5 days of this exchange,

each party’s previously stated final proposal shall be forwarded to the University Rank and Tenure Committee. The University Rank and Tenure Committee shall meet with the parties within 5 days of receiving the proposals if requested to do so. Within 8 days following receipt of the final proposals, the University Rank and Tenure Committee shall recommend, with reasons, to the Faculty-Administration Collaboration Committee (FACC) which of the proposals shall be

incorporated into the faculty member’s Position Description. The University Rank and Tenure Committee shall not have the right to alter any submitted proposals or to suggest compromises; it must choose only between submitted proposals. The FACC will review the URTC’s recommendation and make a final determination. The FACC will notify the Provost of the FACC decision. The Provost will then notify all parties in writing. The decision of the FACC shall be

final.

"9.630 Performance Reviews

9.631 Schedule of Reviews Performance reviews will be scheduled in a manner similar to that stated in Section 9.500.

"9.632 Lecturers

Each year, faculty with a lecturer appointment shall forward to the Department Rank and Tenure Committee documentation addressing their performance according to the goals and objectives contained in their Position Description. The Department Rank and Tenure Committee shall provide a brief written report to the Dean, Department Chair and the individual faculty member that contains (1) an appraisal of the faculty member’s performance as specified in the Position

Description, and (2) a recommendation of whether the Lecturer should be offered an appointment for the following academic year. The Department Chair may concur with the DRTC’s performance appraisal and recommendation or may forward his/her independent appraisal and recommendation to the Dean (with copies sent to the individual faculty member and members of the DRTC). The Dean shall then prepare a draft performance appraisal and reappointment recommendation that will be sent to the individual faculty member, the Department Chair, and members of the DRTC.

Before the Dean submits his/her final appraisal and recommendation to the Academic Vice Chancellor, the Dean shall meet with individual faculty member, the Department Chair, and Chair of the Department Rank and Tenure Committee to review the evaluations and recommendations. If the Dean’s recommendation is for reappointment, any modification of the Position Description should be initiated at this meeting.

The Academic Vice Chancellor shall submit a recommendation to the Chancellor with a copy to the faculty member, the Dean, and the Department Chair.

Reappointment of Lecturers shall be at the discretion of the Chancellor. The Chancellor is under no obligation to adhere to the recommendations of any committee, administrative Department chair, or member of the Administration regarding the reappointment of a Lecturer.

The decision of the Chancellor cannot be grieved or appealed.

"9.633 University Evaluation Criteria for Lecturers.

Because Lecturers have specific duties that emphasize teaching and advising as stated in Section 7.210, the Department Rank and Tenure Committee evaluation will assess the lecturer in terms of the Position Description and include documentation in the following areas:

a. Documentation of Excellence in Classroom Teaching

· Peer reviews by tenure track faculty (minimum of 1 per semester).

· Student assessments (all courses each semester will be evaluated by students).

· Innovations in teaching.

· Currency of instruction and content.

· Relevance to the mission of the department, the college, and the university.

· Assessment of educational outcomes.

b. Advisement

· Advisees served,

· Special services to advisees

· Student evaluation and analysis.

c. Documentation demonstrating fulfillment of additional goals and objectives of the Position Description

"9.634 Probationary Tenure-Track Faculty

Probationary tenure-track faculty who have not applied prior years of service toward tenure shall undergo an extended probationary review during their second year of their tenure-track appointment at MSU-Billings. Probationary tenure-track faculty who have applied prior years of service toward tenure shall undergo an extended probationary review during their first year of tenure-track appointment at MSU-Billings. After the first extended probationary review, subsequent extended reviews shall occur every other year but must include an extended review in the sixth year of probationary service. The sixth year extended evaluation shall be the tenure evaluation.

During each year that a faculty member must undergo an extended probationary review, the faculty member shall forward to the Department Rank and Tenure Committee documentation addressing their performance according to the goals and objectives contained in their Position Description.

The Department Rank and Tenure Committee shall review the documentation for authenticity and completeness. If there is incomplete documentation, the Rank and Tenure Committee shall notify the faculty member of the specific omission(s). The Department Rank and Tenure Committee must either direct and/or assist the faculty member in procuring the documentation in order to verify the authenticity, appropriateness and completeness of the information submitted by the faculty member in support of their probationary review.

The Department Rank and Tenure Committee will forward a letter to the Dean, Unit Chair, and faculty member that states its findings regarding the completeness, authenticity and appropriateness of the evidence and documentation in its possession. The letter will also contain the committee’s findings regarding any strengths and weaknesses of the faculty member’s performance in fulfilling the evaluative criteria contained in their Position Description and a recommendation for reappointment or termination.

The Department Rank and Tenure Committee’s letter and accompanying documentation will be reviewed sequentially by the Dean, the Provost and the Chancellor according to the dates established in Section 9.500. Each of these evaluators will write a performance assessment and recommendation regarding reappointment. Copies will be forwarded to the faculty member and all previous evaluators. At the time the Dean forwards the recommendations to the Provost, the Dean shall convene a meeting of the faculty member with the Provost, Dean, Unit Chair, and Chair of the Department Rank and Tenure Committee. The purpose of this meeting will be to review the written performance assessments of the faculty member and to discuss any issues and questions that have arisen from the evaluations prior to the Provost’s review of the faculty member. Any additional issues ~~that~~ the Provost has concerning the faculty member’s performance also should be discussed at this meeting. The Provost will forward a written recommendation to retain or terminate the probationary faculty member to the Chancellor.

The Chancellor will then review all findings and make a determination regarding termination or renewal of the probationary contract.

Abbreviated probationary reviews will normally occur in the years when there is not an extended probationary review. In this review, the faculty member will meet with the Unit Chair, the Chair of the Unit Rank and Tenure Committee, and the Dean to review his or her progress toward meeting the outcomes as determined by the goals and objectives contained in the Position Description. At this time, if the faculty member, the Unit Chair or the Dean believe it is in the best interest of either the University or the individual faculty member to conduct an extended evaluation, the evaluation will be conducted in accordance with the process outlined above. Otherwise, the Dean shall write a brief progress report for the faculty member. Copies shall be distributed to the faculty member, the Department Chair, The Chair of the Unit Rank and Tenure Committee, the Provost and the Chancellor. The Provost will publish deadlines for abbreviated reviews such that if an extended review is called for it can take place according to the extended review calendar.

Subsections 9.510 (D), 9.510 (E), 9.510(F), and 9.510 (G) of this contract shall apply to all probationary faculty reviews.

"9.635 Tenure and Rank Advancement Reviews.

The Tenure and Rank Advancement reviews will be similar to the extended probationary reviews with the addition that the Department Rank and Tenure Committee, the Dean, the University Rank and Tenure Committee and the Provost shall each make a recommendation regarding the granting of Tenure or Rank Advancement. In formulating the recommendation, any and all previous performance review letters shall be provided to and considered by the reviewers. Unlike the extended probationary reviews there will be no meeting between the Provost, Dean, Unit Chair, Unit Rank and Tenure Chair and individual faculty member prior to the Provost’s review unless requested by any of the parties in the review process–including the faculty member. If such a meeting is requested, those attending shall be the faculty member, the Provost, the Dean,

the Unit Chair, the Chair of the Unit Rank and Tenure Committee, the Chair of the University Rank and Tenure Committee.

Copies of all evaluations and recommendations shall be sent immediately to the faculty member, to all preceding committees/individuals in the evaluation process and to the appropriate Unit Chair. If the Unit’s Rank and Tenure Committee, the Dean, or the University Rank and Tenure Committee make a negative recommendation, the faculty member may submit a written request for reconsideration of that recommendation to the committee/individual within three (3) working days of receipt of the recommendation. The request shall be granted. Within five (5) working days of receipt of the request, the committee/individual shall provide the faculty member with a written response to the specific issues raised in the faculty member’s request for reconsideration and a statement of the result of the reconsideration.

Provisions contained in Section 9.530 (Evaluation for Rank Advancement) and Section 9.540 (Evaluation for Tenure) that do not conflict with the specific review, evaluation, and appeal procedures contained in this section are applicable. For faculty who are evaluated under the provisions of this section of the contract, when there is a conflict between the terms, conditions, and procedures contained in this section and those contained in sections 9.530 and 9.540, the provisions contained in this section of the contract shall rule.

The Rank Advancement and Tenure Appeals Process shall remain as stated in Section 9.550

"9.700 POST TENURE REVIEW

The Post tenure review of faculty shall be for the purpose of maintaining or enhancing the quality of faculty performance.

"9.710 PROCESS

Faculty hired prior to the 2000-2001 academic year may be evaluated as stated in Subsection 9.710.C.1 below) or they may opt to be evaluated according Subsection 9.710.C.2 (below) using the goals and objectives set forth in a position description that has been drawn up according to criteria stated in Section 9.620.

A. Faculty shall be evaluated in the third (3^rd) year after the award of tenure or the last rank advancement (whichever is later) and each third (3^rd) year thereafter.

B. When the year for evaluation of a tenured faculty member occurs, that faculty member shall, prior to the end of the fifth (5^th) day of classes of the spring term, submit a written report of his/her performance to the Department Rank and Tenure Committee.

C. 1. The report shall include an enumeration of the member's activities and accomplishments in each of the areas included in the evaluation criteria in Section 9.310 (General Criteria) since the last evaluation. In the area of teaching, the report shall include a list of the classes taught, the enrollment in each, and the numerical summaries of student assessments conducted in at least all the Fall semester classes taught during each year for the period covered. In the area of research and creative endeavor, the report shall include an enumeration of publications, performance, exhibits, presentations, etc., for the period covered. In the area of service, the report should include an enumeration of the service activities for the period covered. OR

2. The report shall include a list of the classes taught, the enrollment in each, and the numerical summaries of student assessments conducted in at least all the Fall semester classes taught during each year for the period covered. The report shall also contain an enumeration of the faculty member's activities and accomplishments in fulfillment of the goals and objectives contained in his or her Position Description.

D. Overall, the report should be a fair description of the faculty member's activities and accomplishments since the last evaluation, but need not be as exhaustive as that ordinarily done for rank advancement or the original award of tenure. Typically, the report will be 3-5 pages in length (excluding attachments). Supporting documentation other than the numerical summaries of student assessments is not required at this point but may be requested by the Department Rank and Tenure Committee, the Dean or the URTC.

E. Within thirty (30) days of the receipt of the faculty member's report, the Department Rank and Tenure Committee shall prepare and submit to the faculty member and to the Dean a written assessment of the faculty member’s performance in the areas of teaching, research and service. The written assessment submitted to the Dean shall be accompanied by the faculty member’s report and supporting documentation. Within 15 calendar days of the receipt of the DRTC assessment, the Dean will submit his/her written assessment of the faculty member’s performance to the DRTC and the faculty member. Both reviews (by the DRTC and by the Dean) shall indicate whether the faculty member’s performance over the review period was (1) meritorious (exceptional), (2) meets expectations, or (3) unsatisfactory.

F. Should the assessments of the Department Rank and Tenure Committee and the Dean differ over the designation of the faculty member’s performance as being meritorious (exceptional), meets expectations, or unsatisfactory, the University Rank and Tenure Committee will conduct the necessary review to reconcile the conflict and report its findings within 10 days to the faculty member, the DRTC, the Dean, and the Academic Vice Chancellor. The decision of the URTC shall be final.

G. If the Department Rank and Tenure Committee and Dean agree–or if it is the URTC’s decision that the faculty member’s performance is unsatisfactory, a written plan of improvement and a position description shall be developed for the faculty member. The Position Description and plan of improvement shall include the following features:

(a) the Position Description shall be developed as stated in Section 9.620;

(b) the plan of improvement shall be developed by the faculty member ~~Dean~~ in collaboration with the Chair of the Department Rank and Tenure Committee, the Department Chair, and the Dean.

(c) The plan of improvement shall be approved by the Department Rank and Tenure Committee, the Department Chair, and the Dean.

(d) the plan of improvement shall indicate the area(s) of performance requiring improvement and the nature and extent of the improvement needed;

(e) the plan of improvement shall be consistent with the goals and objectives contained in the Position Description and shall state the criteria by which a judgment will subsequently be made as to whether the improvement has occurred;

(f) the plan of improvement shall include statement(s) by the Department Rank and Tenure Committee, the Department Chair, and the Dean, to provide appropriate assistance to the faculty member in making the improvements;

(g) the plan of improvement shall specify a reasonable amount of time (within one academic year unless otherwise specified) for the faculty member to accomplish the improvements;

(h) the plan of improvement shall be approved and signed by the Chair of the Department Rank and Tenure Committee, the Department Chair, and the Dean.

Refusal of the faculty member to submit supporting documentation if requested by the DRTC, the Dean, or the URTC, to participate in developing the Position Description or the plan of improvement, to agree with the plan of improvement, or to make the needed improvements shall result in a recommendation by the DRTC, the Dean, or the URTC through the Provost to the Chancellor of the University for disciplinary sanctions or imposition of a salary freeze.

H. Within thirty (30) days after the period of time specified in the plan of improvement, the faculty member shall submit a follow-up report to the Department Rank and Tenure Committee and the Dean in which he/she indicates and substantiates the extent to which the plan has been completed.

I. If the Department Rank and Tenure Committee and the Dean conclude that the report demonstrates the accomplishment of the required improvements the Department Rank and Tenure Committee and the Dean shall notify the faculty member and the Provost of their findings. If the Department Rank and Tenure Committee or the Dean judges ~~that~~ the report to reflects an inadequate degree of accomplishment of the purposes of the plan of improvement it shall write a recommendation pointing out the specific shortcomings and may recommend to the Chancellor of the University: (1) disciplinary sanctions against the faculty member; or (2) imposition of a salary freeze for one (1) academic year. At the end of that academic year the faculty member may submit to the Department Rank and Tenure Committee and the Dean another follow-up report and the process is repeated.

J. If a salary freeze has been imposed for three (3) years, the Chancellor of the University shall initiate termination proceedings as provided for in Sections 15.130-133. Termination proceedings may also be initiated by the Chancellor as specified in Sections 15.130-133.

If a faculty member’s post tenure review results in an unsatisfactory performance assessment, the entire evaluation proceedings shall become part of the faculty member's official personnel file.

"9.720 MERITORIOUS PERFORMANCE REVIEW BONUS

The administration shall establish a pool of funds from sources outside of the regular salary pool from which a performance bonus of $750 shall be awarded to each faculty member whose post tenure review has been judged to reflect meritorious (exceptional) performance. This non-base building performance bonus shall be awarded if both the DTRC and the Dean judge the faculty member’s performance to be meritorious (exceptional), or–if the DRTC and the Dean do not agree–if the URTC judges the faculty member’s performance to be meritorious (exceptional)."

8. 11.130 PROCEDURES

Change the date in paragraph 1 to "October 20."

Change the date in paragraph 2 to "November 1."

Change the date in paragraph 3 to "November 10."

Change the date in paragraph 7 to "December 20."

9. 14.000 COMPENSATION

14.120 Change to read as follows:

"14.120 1999-2000 SALARY DETERMINATION

A rank/step salary matrix will be used to determine salary floors and will be guided by the following factors and methodology. Minimum salaries shall be determined solely by this matrix, except for the adjustments and exceptions detailed in Sections 14.130 and 14.140, or if a salary freeze is imposed on a faculty member in accordance with Section 9.700 (POST TENURE REVIEW)."

14.121 FACTORS

Modify as follows:

		"1999-2000
Common Base Salary (Instructor, 0 step)		$28,634
Rank Factors: as a fraction (per Section 14.141)
	Instructor/Lecturer	0.000
	Assistant	0.175
	Associate	0.057
	Professor	0.160

Step Factor: as a fraction of 0 step by rank
(per Section 14.110),not compounded)		0.010
Maximum Step:
	Instructor/Lecturer	10
	Assistant	20
	Associate	30
	Professor

Degree Factor: (per Sections 14.141-.143)		None
Appropriate Terminal Degree		1.00
Nonappropriate Terminal Degree		0.94

FTE: 1.0 FTE unless otherwise specified (per Section 14.145 D)"

14.123 SALARY MATRIX

Change to read as follows: "The attached 1999-2000 minimum salary matrix pertains to and was calculated with the factors and methodology per Sections 14.121-122. The amounts are shown for full-time (1.0 FTE) faculty at each step and rank who hold earned doctorates or terminal degrees (per Sections 14.141-143). For 1999-2000, the minimum annual pay rates shown in the attached matrix will be effective as of October 1, 1999. Actual pay will conform with the October 1^st implementation date.

"MONTANA STATE UNIVERSITY-BILLINGS

FY 2000 SALARY MATRIX

COMMON BASE		$28,637
Rank Factors (compounded)
	Instructor	0.000
	Assistant Professor	0.175
	Associate Professor	0.057
	Professor	0.160
Step Factor (not compounded)		0.010

NUMBER LECTURER/ ASSISTANT ASSOCIATE

OF STEPS INSTRUCTOR PROFESSOR PROFESSOR PROFESSOR

0 28,637 33,648 35,566 41,257

1 28,923 33,985 35,922 41,670

2 29,210 34,321 36,278 42,082

3 29,496 34,658 36,633 42,495

4 29,782 34,994 36,989 42,907

5 30,069 35,331 37,345 43,320

6 30,355 35,667 37,700 43,732

7 30,642 36,004 38,056 44,145

8 30,928 36,340 38,412 44,558

9 31,214 36,677 38,767 44,970

10 31,501 37,013 39,123 45,383

11 37,350 39,479 45,795

12 37,686 39,834 46,208

13 38,023 40,190 46,620

14 38,359 40,546 47,033

15 38,696 40,901 47,446

16 39,032 41,257 47,858

17 39,369 41,613 48,271

18 39,705 41,968 48,683

19 40,042 42,324 49,096

20 40,378 42,680 49,508

21 43,035 49,921

22 43,391 50,334

23 43,747 50,746

24 44,102 51,159

25 44,458 51,571

26 44,814 51,984

27 45,169 52,396

28 45,525 52,809

29 45,881 53,222

30 46,236 53,634

31 54,047

32 54,459

33 54,872

34 55,274

35 55,697

36 56,110

37 56,522

38 56,935

39 57,347

40 57,760"

14.131 MARKET ADJUSTMENTS

Change to read as follows:

"A. Faculty members in disciplines where external markets have made competitive recruiting difficult may receive a market adjustment. Market adjustments for 1999-2000 through 2000-2001 academic years shall be awarded faculty in the following disciplines and in the following amounts:

Accounting 15%

Information Systems 15%

Business Economics 15%

Finance 15%

Management 15%

Marketing 15%

Mathematics/Computer Science 5%

The adjustments contained in this section shall be used in the computation of the affected faculty members’ base matrix-indicated minimum salary.

B. Faculty salaries that exceed the matrix-indicated minimum salary, including market adjustment, by more than 40% must be approved by the Faculty Administration Committee."

14.144 LECTURERS

Change to read as follows: "Lecturers will be compensated at the same rate as instructors."

14.146 NEW HIRES

Change the next to last and last sentences to read as follows: "A faculty member whose initial date of employment is after July 1, 1997, who believes that one or more of the various salary factors is in error must present evidence no later than the end of the first full term of employment to the Faculty-Administration Collaboration Committee, which shall determine the proper factor(s). Newly hired faculty members shall be immediately granted Market Adjustments under the conditions of Section 14.131.A."

14.148 FROZEN SALARIES

Change to read as follows: "Faculty may receive no (0%) salary increase in accordance with Section 9.700 (POST TENURE REVIEW). A faculty member who has had his/her salary frozen in a previous year and who believes his/her performance has substantially improved may request that an Evaluation be conducted in accordance with Section 9.700. If, in the judgment of the Department Rank and Tenure Committee and the Dean, the faculty member's performance has improved to an acceptable level, the Dean may recommend to the Provost who in turn will make a recommendation to the Faculty-Administration Collaboration Committee that the faculty member be eligible for a salary increase effective with the beginning of the next academic year. In no case shall any retroactive payment be made. The decision of the Faculty-Administration Collaboration Committee in this matter shall be final and not grievable."

14.300 Change as follows:

"14.300 ADDITIONAL COMPENSATION

"14.310 ALL FACULTY

The Administration is authorized to offer additional compensation to the faculty for special Assignments (assignments that fall outside the normal expectation for faculty). Assignments eligible for additional compensation and the amount of additional compensation shall be determined by the Administration. Faculty acceptance of a special assignment is voluntary. The terms of a special assignment offered to and accepted by a faculty member shall be set forth in writing and must be approved in advance by the Administration.

"14.320 DEPARTMENT CHAIRS

The normal reassigned time for Department Chairs will be determined by the Dean in consultation with individual Chairs as stated in Section 8.400. Department Chairs may receive additional compensation at a rate determined by the administration in lieu of reassigned time if it is in the best interest of the University. Participation in this compensation program in lieu of reassigned time is by request of the Dean, consent of the Chair, and approval of the Provost."

14.410 GROUP INSURANCE

Change to read as follows: "The University will contribute amounts mandated by State Law and/or Regents’ Policies to the Montana University System group insurance plans for each eligible faculty member. The Administration shall appraise the Faculty Association of any changes in the University contribution level."

10. 15.000 DISCIPLINARY ACTIONS AND RETRENCHMENT

15.110 SANCTIONS

Change the next to last sentence to read as follows: "Any salary freeze shall be determined as a result of the process outlined in Section 9.700 (Post Tenure Review)."

15.133 COMMITTEE ON SERVICE

Change the first paragraph to read as follows: "The Committee on Service shall be formed and convened as necessary to fulfill the requirements of this contract. Its membership shall be four (4) tenured faculty members: two (2) appointed by the Chancellor and two (2) appointed by the MSU-Billings Faculty Association. A member of the Committee, upon request to the appropriate appointing authority, may be excused from participation in a particular investigation for reasons of conflict of interest. If a member is excused, the appropriate authority shall appoint a new member for that particular case."

11. 16.000 GRIEVANCE PROCEDURE

16.220 FORMAL PROCEDURE STEPS TWO, THREE AND FOUR

Change to read as follows:

"STEP TWO - If the grievance has not been settled at Step One, then within ten (10) days after receipt of the written decision of the grievance officer or the expiration of the time limits for making such decision, the grievant or the MSU-Billings Faculty Association may submit the grievance in writing to the President of Montana State University, together with a copy of the decision of the grievance officer. The resident shall within ten (10) days after the receipt of the grievance issue a decision with reasons in writing to the grievant and the MSU-Billings Faculty Association.

STEP THREE - If the grievance has not been settled at Step Two, then within ten (10) days after the receipt of the written decision of the President, the grievant or the MSU-Billings Faculty Association may submit the grievance in writing to the Commissioner, together with a copy of the decision of the President. The Commissioner or his/her designee shall within ten (10) days after the receipt of the grievance issue a decision with reasons in writing to the grievant and the MSU-Billings Faculty Association.

STEP FOUR - If the grievance has not been settled at Step Three, then within ten (10) days after the receipt of the written decision of the Commissioner the MSU-Billings Faculty Association may request arbitration by giving written notice to that effect to the Commissioner. Upon receipt of the request for arbitration, the Federal Mediation and Conciliation Service shall be requested to provide a list of five (5) names. The MSU-Billings Faculty Association's representative and the Commissioner of Higher Education (or his/her designee) shall alternately strike the name of an arbitrator until one (1) name remains, and that person shall be designated the arbitrator. The determination of which party shall strike the first name shall be made by agreement of the parties or, if no agreement is reached, by the flip of a coin. The parties may select a person to serve as arbitrator in a different manner if mutually agreed upon."

12. APPENDIX 1

[Insert here the Student Assessment instrument, Appendix 8 of the old contract, with no changes.]

13. APPENDIX 2 should read as follows:

"Memorandum of Understanding

Student Grievance Procedure

The parties agree the student grievance procedure in Section 5.400 should be revised and agree to put the revision of the student grievance procedure on the agenda for consideration by the Faculty Administration Collaboration Committee (FACC). Furthermore, the parties agree to suspend Section 5.400 of the contract until either (A) a new policy regarding the student grievance procedure can be agreed upon and included in the contract, or (B) June 30, 2001, whichever occurs first. If there is no new contractual agreement regarding the student grievance policy by June 30, 2001, the student grievance procedures stated in Section 5.400 shall then become applicable."