# Memorandum of Agreement -- UW / FAUW

Note: this online version of the MoA is the most up to date version available and should be considered the official version. While a hard-copy version of this MoA is available, it is printed periodically and, therefore, may not be up to date.

## Memorandum of Agreement between the Faculty Association of the University of Waterloo and the University of Waterloo

Current as of 17 July 2019

1. Preamble

17. Lay-Offs

1. PREAMBLE

 1.1 The Parties to this Agreement are the Faculty Association of the University of Waterloo (FAUW) and the University of Waterloo (UW), hereinafter referred to as the Association and the University, respectively. 1.2 The University recognizes the Association as representing the University employees (Members) as defined under Article 2.1.1. Recognition of the Association under this Agreement does not constitute voluntary recognition equivalent to certification. 1.3 This Agreement is a “special plan” agreement negotiated between and ratified by the Parties. 1.4 The Parties recognize that the objective of the University is the attainment of high standards of academic excellence in the pursuit and dissemination of knowledge for the benefit of students and of the academic and wider communities. Further, the Parties agree that the goals of the University include the following: (a) the attainment of high standards of excellence in teaching, scholarship, research, and creativity; (b) the development of skills and attitudes essential for scholarly study and scientific investigation, and for the effective sharing of the results of these activities with students and fellow scholars and with the community at large; (c) the encouragement of the pursuit of truth by individuals and groups through teaching, research, free enquiry, and criticism, in order to extend the frontiers of knowledge and understanding; and (d) the provision of an environment which will support the intellectual, cultural, and physical development of the University community. 1.5 This Agreement has the following purposes: (a) to set out terms and conditions of employment for Members, and to describe procedures for developing and revising Policies concerning terms and conditions of employment; and (b) to define and describe the relationship between the University and the Association, to provide for regular communication and consultation between the University and the Association, and to provide means for resolving differences which may arise between them. 1.6 The University and the Association agree: (a) to encourage within the University community a climate of freedom, collegiality, responsibility and mutual respect; (b) to foster harmonious relations and a working environment that enables individual Members to achieve the goals and objectives of the University; and (c) to ensure the equitable treatment of individual Members through fair procedures and practices. 1.7 In this Agreement, for academic units, Chair refers to Chair or Director, and Department refers to Department or School.

2. RECOGNITION AND RIGHTS OF THE ASSOCIATION

3. CORRESPONDENCE AND INFORMATION

 3.1 The University and the Association recognize that both Parties require access to information for the proper administration of this Agreement, and agree to use professional discretion in dealing with such information. 3.2 Correspondence between the Association and the University related to this Agreement shall pass between the President of the Association and the President of the University. Where written notice is specified, the University's internal mail may be used. 3.3 The University undertakes to provide the following information to the Association in a timely manner: (a) an annual list of Members as of May 1, including name, rank, department, appointment category and dates, FTE, and approved leaves of absence during the salary year for each Member; (b) a monthly update giving the same data as in (a) for new Members and listing terminations of Members; (c) the names and new ranks of Members who have received promotions, and the effective dates of such promotions; (d) during the first month of the salary year and within one month of any changes to benefit plans, a list and detailed description of all benefit plans applicable to Members, and the rates charged to Members for these plans; (e) public agenda materials and minutes of the Senate, Senate Finance Committee, Senate Long Range Planning Committee, Board of Governors, Board Pension and Benefits Committee; (f) agenda materials and minutes of the Faculty Relations Committee; (g) a copy of the latest University budget and budget reports when circulated to the Board; (h) names and professional addresses of members of the Board of Governors and Senate, and of Board and Senate committees, together with the terms of reference of such committees; and (i) such other information as the Parties agree from time to time. 3.4 The University agrees to provide the report of the Pension Plan Actuary, and audited and other reports concerning the pension and benefits plans to the Association on request. 3.5 The Association undertakes to provide the following information to the University in a timely manner: (a) a copy of each FAUW Forum, newsletter, or other public communication to all Members at the time of distribution; (b) an up-to-date copy of the Association's Constitution and Bylaws within one month of their revision; (c) an up-to-date list of the Association's Board of Directors and Executive within one month of any changes; and (d) such other information as the Parties agree from time to time.

4. FACULTY RELATIONS COMMITTEE

 4.1 The Faculty Relations Committee (FRC) is a consultative committee with equal representation from the University administration and the Association Board of Directors. 4.2 The President of the Association and the Vice-President Academic & Provost shall alternate from meeting to meeting as Chair of the FRC. The additional members shall be four senior administrators appointed by the University President and four members of the Association Board of Directors appointed by the Association President. 4.3 The Parties confirm as part of this Agreement that the practices and procedures followed by the FRC are as described in Policy 1 and in Appendix A to Policy 1. In particular, no formal decision may be made by the FRC except by agreement of the "double majority" comprised of majority support from each of the two groups of members appointed to the FRC by the University and Association Presidents. The Parties agree that for the purposes of this Agreement the content of Appendix A to Policy 1 shall be regarded as part of Policy 1. 4.4 The FRC provides a regular forum for discussion of issues affecting faculty members, including matters arising from the application of this Agreement (but excluding any individual or group grievance which is at that time being resolved under the grievance and arbitration procedures set out in Article 9). The FRC also has responsibility for the development and approval of Class F and Class A Policies, and shared responsibility with the Staff Relations Committee for the development and approval of Class FS Policies. 4.5 The FRC shall meet on a regular basis, usually every two weeks from September through June, although meetings may be held more or less frequently by mutual agreement of the two Chairs. It is expected that the FRC will operate in a collegial manner, with most decisions made by consensus rather than by formal vote. 4.6 The University Secretariat shall provide a Secretary for meetings of the FRC. Minutes of meetings are confidential to the Committee.

5. MEMORANDUM OF AGREEMENT AND POLICIES

 5.1 Agreement and Policies 5.1.1 The relations between the Parties, and between the University and the Members, are defined partly in this Agreement and partly in University Policies. 5.1.2 The Faculty Relations Committee has responsibility for the development and approval of Class F and Class A Policies, and shared responsibility for the development and approval of Class FS Policies. Class F Policies deal exclusively with the terms and conditions of employment of faculty members, Class A Policies deal with the appointment of academic administrative officers, and Class FS Policies deal with terms and conditions of employment of faculty and other employees. The policy classifications and development and approval process are described in Policy 1. 5.1.3 The current list of F, A and FS Policies at the date this Agreement comes into effect or as amended during the life of this Agreement is given in Appendix A to this Agreement. 5.2 Policy Development and Amendment 5.2.1 Nothing in this Agreement is intended to prevent the development, amendment or review of any University Policies in accordance with Policy 1 during the term of this Agreement. 5.2.2 Where there are differences between this Agreement and any Policy other than a Class F, A, or FS Policy, the provisions of this Agreement shall prevail. 5.2.3 Where there are differences between this Agreement and any existing Class F, A, or FS Policy at the date this Agreement comes into effect, the provisions of this Agreement shall prevail, and the Parties agree to revise the existing Policies to harmonize them with this Agreement. 5.2.4 If a Class F, A, or FS Policy is revised or a new Class F, A, or FS Policy is developed in accordance with Policy 1 and goes forward for approval, the Parties agree to a limited opening of this Agreement at the request of either Party for the sole purpose of negotiating revisions to this Agreement to harmonize it with the new or revised Policy. The Parties agree to make all reasonable efforts to negotiate these revisions before the new or revised Policy is submitted to the Board of Governors for final approval. 5.2.5 Amendments to this Agreement made as a consequence of 5.2.4 shall not require ratification by the Parties to take effect.

7. NON-DISCRIMINATION

 7.1 The Parties agree that all Members have a right to equal treatment with respect to employment and that there shall be no discrimination, interference, restriction or coercion exercised or practised towards any Member in respect to appointment, benefits, dismissal, promotion, rank, reappointment, salary, tenure or any other terms or conditions of employment by reason of age (except for retirement pension and benefit conditions as permitted or mandated by law), ancestry, citizenship, clerical or lay status, colour, creed, ethnic origin, family status, gender, language (except where competence in the language is a bona fide occupational requirement), marital status, membership or non-membership in the Association, physical or emotional ill health or disability (except where the Member refuses to seek medical treatment and/or where the physical or emotional ill health or disability would clearly prevent the carrying out of the required duties of the position), place of origin, political or religious affiliation or belief, pregnancy, race, sexual orientation, or any activity pursuant to the principles of academic freedom and responsibilities set out in Article 6. 7.2 Policies, practices, or acts which create, intentionally or unintentionally, a sustained negative working climate which can clearly be attributed to any of the prohibited grounds in 7.1 will be considered discrimination. 7.3 This Article shall not preclude the Parties agreeing to any equity measures.

8. DISCIPLINE

9. GRIEVANCE AND ARBITRATION

10. COMPENSATION NEGOTIATIONS

 10.1 Annual compensation changes for Members, other than selective increments as defined in Article 13, are as specified in the Memorandum of Settlement describing the results of compensation negotiations between the Association and the University. 10.2 The Memorandum of Settlement shall specify the annual scale change. Each year the Compensation Negotiation Teams shall use the annual change in the Canada Consumer Price Index as a starting figure for the discussion of the scale adjustment. Adjustments in the salary scale are influenced by economic factors, relevant salary trends and by the University's financial position. Scale changes, expressed as a percentage change, apply to the salary structure and to all salaries. Other items that may be specified include changes in the salary structure (see Article 13), anomalies and other special salary increases, and changes in the Faculty Professional Expense Reimbursement Plan (see 11.5) and other benefits specific to Members. The Memorandum of Settlement may also include an amount for proposed changes in benefits defined in University Policies and/or administered by the Pension and Benefits Committee. If the proposed benefit changes are not approved, the negotiated amount shall be awarded as a scale change. 10.3 The Memorandum of Settlement shall be for one year, two years, or three years. In the absence of agreement between the Parties on a longer period the Memorandum of Settlement shall be for one year. The years in the Memorandum of Settlement shall begin on May 1 and end on April 30, coincident with the salary year for Members. 10.4 The Memorandum of Settlement shall be part of this Agreement, and shall be binding on the Board of Governors, the Association, and individual Members. 10.5 Start of Compensation Negotiations 10.5.1 Prior to June 15 in any year in which compensation changes are to be negotiated the President of the Association and the President of the University shall begin the process of establishing lists of possible mediators and arbitrators as specified in 10.9. These lists are to be completed prior to the commencement of negotiations. 10.5.2 By the November 15 immediately preceding the expiry date of the Memorandum of Settlement, each Party shall inform the other of the names of its Chief Negotiator and the other two members of its Negotiating Team. 10.5.3 Negotiations shall commence as soon as can be arranged by the two Chief Negotiators, and at the latest by December 1st. The Chief Negotiator and at least one other member of each Negotiating Team shall be present at each negotiation session. 10.5.4 By mutual agreement, the Parties may alter any of the dates specified in this Article. 10.6 Stage 1 Negotiations The Parties agree to negotiate in good faith and to make every reasonable effort to reach an agreement in Stage 1. If the Parties reach agreement, a Memorandum of Settlement shall be prepared and signed by the Chief Negotiators and at least one other member of each Negotiating Team. 10.7 Stage 2 Negotiations – Mediation 10.7.1 If the Parties have not reached agreement by February 1, an external mediator shall be appointed unless both Parties agree to waive mediation. Mediation shall commence not later than February 15. If mediation is waived, Stage 1 negotiations may continue. 10.7.2 The role of the mediator is to assist the Parties in reaching a negotiated agreement. The procedure for appointing the mediator is specified in 10.9. The cost of the mediator shall be shared equally by the Parties. 10.7.3 Mediation shall terminate by the earliest of March 1, the date on which an agreement is reached, or the date on which either the mediator or both Parties decide that further mediation would not be useful. 10.7.4 If an agreement is reached, a Memorandum of Settlement shall be prepared and signed by the Chief Negotiators and at least one other member of each Negotiating Team. 10.8 Stage 3 Negotiations – Arbitration (Final Offer Selection) 10.8.1 If an agreement has not been reached by March 1, an arbitrator shall be appointed. The role of the arbitrator is to select between the final positions of the two Parties. The procedure for appointing an arbitrator is specified in 10.9. The cost of the arbitrator shall be shared equally by the Parties. 10.8.2 The arbitration hearing shall commence not later than March 15. One week prior to the arbitration hearing, each Party shall submit its proposed Memorandum of Settlement to the arbitrator with a copy to the other Party. 10.8.3 Within three weeks after the arbitration hearing, the arbitrator shall provide each Party with a copy of her/his report, indicating which Party's proposed Memorandum of Settlement has been selected and the reasons for selecting it. 10.9 Selection of Mediator and Arbitrator 10.9.1 In accordance with 10.5.1, the Association and University Presidents shall begin the process of establishing a list of at least three possible mediators and a second list of at least three possible arbitrators by the June 15 prior to the start of negotiations. These individuals must be external to the University and acceptable to both the Association and the University. 10.9.2 In the event that a mediator or arbitrator is required, names shall be drawn at random from the agreed list until one of them is available to serve. By mutual agreement in writing, the two Presidents may select a listed mediator or arbitrator out of turn, or may select a mediator or arbitrator not on the list. No individual shall serve as both mediator and arbitrator in the same year.

11. PENSION AND BENEFITS

12. TERM OF AGREEMENT – DURATION

13. FACULTY SALARIES, ANNUAL SELECTIVE INCREASES AND MEMBER EVALUATION PROCEDURES

13.1 This Article states the principles governing the determination of salaries for faculty members holding regular appointments. These principles include the establishment of a salary structure for these purposes, the procedures used to establish the extent of annual selective increases, and the rules that have been developed to direct the annual evaluation process in each Faculty used to determine individual selective increases.

13.2 Faculty Salary Structure

13.2.1

The salary structure for regular faculty members shall consist of a salary floor and two thresholds for each of the four ranks and for Clinical Lecturers, together with the Selective Increase Unit (SIU).

Effective 1 May 2019, the selective increase unit (SIU) shall be $4,004, and the salary floors and thresholds shall be as stated below:  Rank Floor Threshold T1 Threshold T2 Lecturer$63,517 $151,478$188,885 Clinical Lecturer $81,866$168,343 $205,750 Assistant Professor$81,866 $179,558$216,965 Associate Professor $103,037$179,558 $216,965 Professor$131,268 $179,558$216,965
13.2.2 Effective May 1 of each year, the annual scale change as specified in the Memorandum of Settlement shall be applied to the salary floors, thresholds, and Selective Increase Unit. Otherwise, changes in these amounts shall require the mutual agreement of the Association and the University.

13.3 Selective Salary Increases

13.3.1 Selective salary increases are intended to move a Member through the salary structure at a rate determined by her/his achievements in the profession and contributions to the University, measured by annual performance ratings undertaken as specified in 13.5. In order to ensure orderly career progress consistent with long-range academic goals, the commitment of funds required for this purpose shall have the highest priority in the preparation of the annual budget.

13.3.2

Within each Faculty, the Selective Increase Pool for Members shall be determined as follows:

0.25 SIU for each FTE Member, plus
0.25 SIU for each FTE Member with salary below T2, plus
0.5 SIU for each FTE Member with salary below T1.

For these purposes the value of the SIU shall be its value as of May 1 of the salary year in which the selective increases are to take effect, adjusted from year to year as specified in 13.2.2.

13.3.3 (a)

A Member’s selective salary increase depends both on her/his  performance rating (actual R) and on the position of the Member’s salary relative to the thresholds T1 and T2 for her/his rank. Thus the performance rating (adjusted R) for purposes of calculating a Member’s selective increase amount may not be the same as the performance rating (actual R) determined as specified in 13.5.5. For Members on a biennial performance review cycle, during non-review years, actual R is equal to the actual R for the previous year. These non-review year actual Rs are subject to adjustment, just as review year actual Rs are. The appropriate values for the adjusted  performance rating shall be determined in the following way:

If salary is less than T1 then adjusted R is actual R

If salary is equal to or greater than T1 but less than T2 then adjusted R is actual R less 0.75

If salary is equal to or greater than T2 then adjusted R is actual R less 1.25

The value of adjusted R shall never be less than 0

(b) The actual dollar value in any one year associated with an adjusted R of 1.0 in each Faculty is calculated by adding all individual adjusted ratings in that Faculty together, and dividing the resulting number into the total value of that Faculty's Selective Increase Pool as determined by 13.3.2. All other adjusted R values are assigned a selective increase dollar value by multiplying the adjusted R value by the dollar value of an adjusted R of 1.0.
(c) Where a selective salary increase as determined in 13.3.3 (a) and (b) would result in a salary which crosses a threshold, that increase shall be "feathered". That is to say, that part of the increase which would bring a Member's salary up to a threshold shall be received by the Member, but the part of the increase which would cause the salary to exceed the threshold shall be adjusted to make it commensurate with the selective increase to which she/he would be entitled with a salary at or above that threshold.
(d) Effective May 1, 2006, the University will provide annually an Anomalies Fund for each Faculty equal in value to five percent of that Faculty's Selective Increase Pool, to correct individual salary anomalies. These special permanent increases require the approval of the Vice President Academic and Provost (VPA&P) who shall consult with the President of the Association. Any unspent amount in the anomalies fund of a given Faculty will be carried forward to the next salary year.
(e)

Effective May 1, 2004, the University will provide annually an Outstanding Performance Fund for each Faculty equal in value to ten percent of that Faculty's Selective Increase Pool, to provide special permanent salary increases as described below.

Members in each Faculty unit (department or school) whose  performance rating for the current year is within the top twenty percent of ratings within the unit may be considered for a special permanent salary increase. For Members on a biennial review cycle, eligibility for consideration for Outstanding Performance Fund salary increases during non-review years are based on the previous year's performance ratings.Members who have received a special increase in either of the previous two years are not eligible to receive a special increase, and are excluded for purposes of determining the top twenty percent and those within it.

All Members identified by the process above will form a single Faculty-wide pool. The Dean of the Faculty, in consultation with the Vice-President, Academic & Provost, will review the performance of all Members in this pool, and make special salary increase awards equal in value to one Selective Increase Unit (SIU) to a subset of them. For at least eighty percent of the awards, the sole criterion will be outstanding performance in teaching and scholarship. Remaining awards may be given on the basis of outstanding service to the University. Consideration also should be given to dispersing the awards across Faculty units, ranks, and to both women and men. Awards given on the basis of outstanding service will not be limited to Members holding administrative positions. The number of awards made will be such that, in the aggregate, they will differ from ten percent of each Faculty's Selective Increase Pool by less than one SIU, and any unspent amount in the Fund of a given Faculty will be carried forward to the next salary year. The Vice-President, Academic & Provost will publicly announce the award recipients.

13.4 Miscellaneous

13.4.1 In every case, scale and selective increases shall be applied to the Member's nominal full-time salary.

13.4.2 For Members on approved pregnancy, adoption or parental leave: the full scale and selective increases shall apply.

13.4.3 For Members newly appointed within the evaluation year, or who are on full or partial unpaid leave for part of the evaluation year: the full scale increase shall apply, but the Merit Increase will be prorated by the fraction of the year served at the University.

13.5 Member Evaluation

13.5.1 (a) Each Faculty shall have Faculty Performance Evaluation Guidelines setting out the evaluation criteria for that Faculty. The Faculty Performance Evaluation Guidelines shall be reviewed and updated no less than once every five (5) years, and changes shall be approved by a majority vote of the Faculty Council no later than 15 October in the year before evaluation calendar year to which the changes would apply.

(b) Each Department shall have an Addendum to their Faculty Performance Evaluation Guidelines setting out the performance expectations in the Department for scholarship, teaching, and service. The Addendum shall be reviewed and updated biennially, and changes shall be approved by: (i) a majority vote of members of the Department, and (ii) the Faculty Dean who shall review for consistency with the documents listed in 13.5.1(c) no later than 15 October in the year before the evaluation calendar year(s) to which the changes would apply.

(c) Faculty Performance Evaluation Guidelines and Departmental Addenda shall be consistent with this Agreement, and with University policies, procedures and guidelines (including the evaluation criteria set out in Policy 77). Departmental Addenda shall also be consistent with Faculty Performance Evaluation Guidelines. In case of a conflict, precedence shall be given first to this Agreement; then to University policies, procedures and guidelines; and then to the Faculty Performance Evaluation Guidelines.
(d) Current versions of faculty Performance Evaluation Guidelines and Departmental Addenda shall be posted on the relevant Faculty website and publically accessible.
13.5.2 (a) Each Member shall receive performance evaluation based upon documentation provided by the Member, submitted in the format and by the deadline specified in the Faculty Performance Evaluation Guidelines. Performance evaluations shall occur on an annual basis for Members holding probationary or definite-term appointments, and on a biennial basis on odd numbered years for Members holding tenured or continuing appointments.  A Member who does not submit the required documentation by the specified deadline normally will receive an overall rating of at most 0.5 as specified in 13.5.3.

(b) Members shall provide documentation for the calendar year(s) under evaluation (one year for Members holding probationary or definite-term appointments, and two years for Members holding tenured or continuing appointments). Members shall in addition provide documentation for the number of previous years specified by their Faculty Guidelines.  Scholarship shall be assessed on the total evidence from a window of two years. Teaching and service shall be assessed on the evidence from the year(s) under evaluation. The remaining documented years shall provide context to the assessed evidence.
(c) When Faculty Performance Evaluation Guidelines or Departmental Addenda change during the course of a Member's probationary contracts, the Member will continue to be governed by the guidelines and addenda in effect at the beginning of their first probationary contract, unless the Member elects to be governed by the new set of guidelines or addenda, at the Member's discretion. The Member shall advise their Department Chair if they elect to be governed by the new set.
13.5.3

Each Member shall receive one of the following nine numerical performance ratings in each of teaching, scholarship and service:

2.0     Outstanding
1.75   Excellent
1.5     Very Good
1.25   Good
1.0     Satisfactory
0.75   Needs Some Improvement
0.5     Needs Significant Improvement
0.25   Needs Major Improvement
0.0     Unsatisfactory

13.5.4 (a) Performance ratings shall pertain to the portion of the evaluation year during which the Member was a paid employee of the University, including sabbatical leave, but excluding pregnancy, adoption, parental, or sick leave.
(b) For newly appointed Members, and for Members on paid or unpaid leave, it may not be possible to assess performance in all three categories during the evaluation year. In these cases only, the practices described in 13.5.1, 13.5.2, and 13.5.3 may be amended as follows: (1) A newly appointed Member shall receive, in any category where assessment is not possible, a rating equal to the average rating of Members in the Department who hold the same rank; and (2) A continuing Member who has been on leave shall receive in any category where assessment is not possible as a result of the leave, a rating equal to the average ratings of the three previous years in which the Member was not on leave.

(c) In situations where a Member has held a fractional load appointment, or has taken a leave of absence, in the period for which evaluation data is being considered, expectations for quality shall remain the same but expectations for quantity shall be adjusted.
13.5.5 (a) The overall rating (R) for each Member shall be computed as the weighted average of the individual ratings in teaching, scholarship and service for the year(s) being reviewed. For Members on a biennial performance review cycle, the rating for non-review years shall be equal to the rating for the previous review year. The weight for each area shall be as specified in the member’s letter of appointment. In the absence of specified weights for professorial positions, the normal weights shall be 40 percent for teaching, 40 percent for scholarship, and 20 percent for service; for lecturer positions, the normal weights shall be 80 percent for teaching and 20 percent for service.  These default weights do not apply to lecturer appointments made prior to May 1, 2008. Member weights remain in effect for the duration of the appointment unless otherwise changed under sub articles (b) and (c).  There is no intended linear relationship between the percent for teaching and the number of courses taught.
(b) Weightings and duties may be adjusted in a formal agreement between the Member and the Chair with the approval of the Dean. The weights shall be at least 20 percent in every category, except in the case of lecturer appointments. Weight redistribution does not modify the performance quality expected in any of the three areas, though expectations for quantity will change.
(c) Any such formal agreement under 13.5.5 (b) shall be by mutual consent and, except in the case of definite-term appointments, shall be for a period of up to 5 years but no less than 2 years. Such an agreement may be renewed by mutual consent.

(d) The performance evaluation of a Member shall be done with all evaluators being informed of the weights in each area, and any adjustments made to the weights in each area, over the entire period for which evaluation data is being considered. Each Member shall be informed of the weight information used in their evaluation. The Chair shall collect and provide this weight information, which must be consistent with sub article (a) and any adjustments made under sub articles (b) and (c).
13.5.6 (a) The Chair has the responsibility for annual performance evaluations of all Members in the Department.  The Chair shall inform the Dean of the proposed ratings in the three categories and overall.
(b) For Departments with 15 or fewer full-time equivalent regular faculty positions, the Members of the Department shall decide by majority vote whether to elect an advisory committee of no more than five Members to assist the Chair in carrying out the responsibility in 13.5.6 (a). A common committee spanning two or more small Departments may be considered.
(c)

For Departments with more than 15 full-time equivalent regular faculty positions, the Members of the Department shall elect an advisory committee of no more than five Members to assist the Chair in carrying the responsibility in 13.5.6 (a).

13.5.7 The Dean shall review the ratings proposed by the Chair, and may establish an advisory committee to assist with this review. The Dean may modify the ratings for a Member or Members of a Department, if necessary, to maintain consistency of standards across the Faculty. The Dean shall inform the Chair in writing of the final individual and overall ratings, together with reasons for any changes.

13.5.8 The Chair shall inform the Member in writing of her/his final individual and overall ratings, and shall provide an opportunity for the Member to discuss her/his performance evaluation.

13.5.9 The Dean shall evaluate the performance of Department Chairs and Associate Deans, and shall forward proposed performance ratings in the three categories and overall to the VPA&P for approval. The VPA&P shall inform the Dean and the Chair or Associate Dean in writing with reasons of any changes in the recommended ratings.

13.5.10 (a) A Member who disagrees with her/his performance evaluation should proceed first to the Department Chair, and then, if not resolved, to the Dean of the Faculty for disposition.
(b) A Department Chair or Associate Dean who disagrees with her/his performance evaluation should proceed first to the Dean, and then, if not resolved, to the VPA&P for disposition.
(c) Performance evaluations and selective salary increases are not normally grievable except under Article 9.2.2 or 9.2.3 of this Agreement.

13.5.11 For each evaluation period, members shall have online access to, at a minimum, histograms showing the distribution by rank in the Faculty, of: (a) final overall ratings and (b) unweighted ratings in the categories of teaching, scholarship, and service. In cases where there are fewer than ten members of the same rank within a Faculty, instead of histograms, those members shall be provided with averages by rank. In cases where there are fewer than three members of the same rank within a Faculty, no data shall be provided.

14. INTEGRITY IN SCHOLARLY RESEARCH