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									     UNF Collective Bargaining 2004-5                                                   Proposal #1
                                                                      (12) Non-Reappointment Article
                                                                                      May 24, 2005

 1                                          ARTICLE __
 2                                      NON-REAPPOINTMENT
 3
 4   __.1 No Property Right. No appointment shall create any right, interest, or expectancy
 5   in any other appointment beyond its specific terms, except as provided in Sections 13.2
 6   and 15.11 [cite appropriate sections].
 7
 8   __.2    Notice.
 9           (a)     All employees faculty members, except those described in (b)(1) and (c)
10   below are entitled to the following written notice that they will shall not be offered
11   further appointment:
12                   (1)     For employees faculty members in their first two (2) years of
13   continuous university service, one semester (or its equivalent, 19.5 weeks, for employees
14   faculty members appointed for more than an academic year);
15                   (2)     For employees faculty members with two (2) or more years of
16   continuous university service one year; or
17                   (3)     For employees faculty members who are on “soft money,” e.g.,
18   contracts and grants, sponsored research funds, and grants and donations trust funds, who
19   had five (5) or more years of continuous university service as of June 30, 1991 January
20   6, 2003, one year.
21                   (4)     The provision of notice under this section does not provide rights
22   to a summer appointment beyond those provided in Section 8.4(b).
23
24           (b)     Employees Faculty members who are on "soft money," e.g., contracts
25   and grants, sponsored research funds, and grants and donations trust funds, except those
26   described in Section __.2(a)(3), above, are entitled to the following written notice that
27   they will shall not be offered further appointment:
28                   (1)    For employees faculty members in their first five (5) years of
29   continuous university service, no notice need be provided and the statement in (d), below,
30   shall be included in their employment contracts; or
31                   (2)    For employees faculty members with five (5) or more years of
32   continuous university service, ninety (90) days notice shall be provided contingent upon
33   funds being available in the contract or grant.
34
35           (c)     Employees Faculty members who are appointed for less than one (1)
36   academic year, who are appointed to a visiting appointment, who are appointed to a fixed
37   multi-year appointment, pursuant to Section 8.4(h) [insert ref] and employees employed
38   in an auxiliary entity, are not entitled to notice that they will shall not be offered further
39   appointment, and the statement in (d), below, shall be included in their employment
40   contracts.
41
42          (d)     Employees Faculty members described in (b)(1) and (c), above, shall
43   have the following statement included in their employment contracts:
44
45                   Your employment under this contract shall cease on the
46                   date indicated. No further notice of cessation of


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     UNF Collective Bargaining 2004-5                                                  Proposal #1
                                                                     (12) Non-Reappointment Article
                                                                                     May 24, 2005

 1                   employment is required.
 2
 3            (e)    An employee A faculty member who is entitled to written notice of non-
 4   reappointment in accordance with the provisions of Section __.2 who receives written
 5   notice that the employee faculty member will shall not be offered further appointment
 6   shall be entitled, upon written request within twenty (20) days following receipt of such
 7   notice, to a written statement of the basis for the decision not to reappoint. Thereafter,
 8   the President or representative shall provide such statement within twenty (20) days
 9   following receipt of such request. All such notices and statements are to be sent by
10   certified mail, return receipt requested, or delivered in person to the employee faculty
11   member with written documentation of receipt obtained.
12
13   __.3 Grievability. An employee A faculty member who receives written notice of non-
14   reappointment may, according to Article 20 the Grievance Article, contest the decision
15   because of an alleged violation of a specific term of the Agreement or because of an
16   alleged violation of the employee's constitutional rights. Such grievances must be filed
17   within thirty (30) days of receipt of the statement of the basis for the decision not to
18   reappoint pursuant to Section __.2(e) or receipt of the notice of non-reappointment if no
19   statement is requested.
20
21   __.4 Non-Reappointment Considerations. If the decision not to reappoint was based
22   solely upon adverse financial circumstances, reallocation of resources, reorganization of
23   degree or curriculum offerings or requirements, reorganization of academic or
24   administrative structures, programs, or functions, and/or curtailment or abolition of one
25   or more programs or functions, the university University shall take the following actions:
26           (a)    Make a reasonable effort to locate appropriate alternative or equivalent
27   employment first within the university University and second within the State University
28   System another state university; and
29
30           (b)      Offer such employee faculty member, who is not otherwise employed in
31   an equivalent full-time position, re-employment in the same or similar position at the
32   university University for a period of two years following the initial notice of
33   nonreappointment, should an opportunity for such re-employment arise. All persons on
34   the recall list shall regularly be sent the SUS University’s position vacancy
35   announcements. For this purpose, it shall be the employee's faculty member’s
36   responsibility to keep the university University advised of the employee's faculty
37   member’s current address. Should a vacancy occur at another state university within the
38   State University System, the employee faculty member may apply for the position and
39   shall be considered therefore in accordance with the normal hiring procedures of that
40   university. Any offer of re-employment pursuant to this section must be accepted within
41   fifteen (15) days after the date of the offer, such acceptance to take effect not later than
42   the beginning of the semester immediately following the date the offer was made. In the
43   event such offer of re-employment is not accepted, the employee faculty member shall
44   receive no further consideration pursuant to this Article.
45
46   __.5    Resignation. An employee faculty member who wishes to resign has the


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    UNF Collective Bargaining 2004-5                                                 Proposal #1
                                                                   (12) Non-Reappointment Article
                                                                                   May 24, 2005

1   professional obligation, when possible, to provide the university University with at least
2   one semester's notice. Upon resignation, all consideration for tenure and reappointment
3   shall cease.
4
5   __.6 Notice Document. Notice of appointment and non-reappointment shall not be
6   contained in the same document.
7




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