LETTER OF AGREEMENT #9:  UPPER LEVEL RELEASE

The parties agree to the following interpretation of Article 10.11.1 (a):

In order to be eligible for Upper Level release, the FTE instructional appointment of the instructor must be 1.00 for the academic year.   The actual workload assignment, which may include paid release sections for a variety of purposes (including but not limited to the cases of governance committee release, scholarly release, chair/coordinator release, release for research funded by external sources, union leave and discretionary release) and the assignment of non-instructional duties, does not eliminate the entitlement to the Upper Level release.

A leave for the purposes of assisted leave (i.e., paid professional development leave of absence) under Article 12.4 or maternity, parental or adoption leave under Article 12.10 does not eliminate the Upper Level release entitlement.

If an instructor is on partial or full unpaid leave for one complete semester, that faculty member has no entitlement to Upper Level release in the academic year during which the leave occurs.

In the case where a faculty member, whose original instructional workload assignment includes upper-level release, is absent as a result of unplanned sick leave (including Long Term Disability leave), the original instructional assignment inclusive of the upper level release shall be followed for that portion of the academic year in which the faculty member is not absent.

In addition, the following workload components do not qualify in determining eligibility for Upper Level release:

  • Directed Studies;
  • Senior Projects;
  • Non-release section(s) of Prior Learning Assessment;
  • Overload;
  • Contract activity not related to the normal delivery of credit instruction during the fall and/or spring semesters;
  • Courses taught voluntarily outside the normal fall and spring semesters unless the course is required for a program and designated to be taught in intersession in the official program outline as approved by Senate. (Notwithstanding this, where part of the regular workload for a faculty member is assigned during intersession, it will be considered in determining eligibility for Upper Level release.)

The parties further agree that those faculty members who were denied upper level release during the academic year 2000-2001 but who are entitled to it under this Letter of Understanding, will be granted such release, in addition to any release to which they are otherwise entitled, in the academic year 2001-2002.

This agreement represents final resolution to Grievance 00-04 and regarding certain issues related to upper-level release.  Notwithstanding this, the parties acknowledge that they differ on the interpretation of the Collective Agreement as it applies to eligibility for upper level release during an academic year in which a faculty member takes a scholarly activity semester as a result of grouping previous upper level release under Article 10.11.1.1.  This agreement does not preclude the discussion and formal negotiation of alternative approaches to the question of release.

Signed:  April 25, 2001