Article 14 – Renewal of Probationary Appointments

Each employee who holds a probationary appointment shall be considered for renewal during the final year of the initial probationary appointment unless considered for tenure. Employees who are considered for tenure are subject to the tenure regulations (Article 15).

The structure and composition of the committees that consider renewal of probationary appointments shall be the same as the committees which consider the award of tenure (Article 15).

The powers of the committees shall be the same as for the award of tenure (Article 15) except as follows:

1. College Renewals and Tenure Committees shall submit all their recommendations to the University Review Committee;
2. College Review Committees shall submit their negative recommendations to the University Review Committee and their positive recommendations to the President for transmission to the Board.

The categories to be considered for the renewal of a probationary appointment shall be the same as for the award of tenure. The standard of performance shall be satisfactory progress toward meeting the standards for the award of tenure across the majority of categories, one of which must include Teaching or Research/Practice of Professional Skills. For the denial of renewal, the case must be made that the candidate has failed to meet this standard. Renewal of a probationary appointment shall not be considered sufficient grounds for granting of tenure.

14.4.1 Communication of Standards

The approved criteria and standards of performance for renewal of a probationary appointment shall be communicated, in writing, to all probationary appointees at the time of their appointment.

14.5.1 Changes in Standards

Changes in criteria and standards of performance shall not be applied retroactively.

14.5.2 Advising Probationary Candidates

By May 31, the Department Head or Dean shall meet with each employee holding a probationary appointment in the department or non-departmentalized College, to discuss the employee's progress in meeting the approved departmental or College standards for the award of tenure. A written statement setting out the Department Head's or Dean's assessment, on a form uniquely used for this purpose, shall be transmitted in writing to the employee. This form shall be approved by the Joint Committee for the Management of the Agreement. If deficiencies are noted, the statement shall identify the relevant categories of the standards and shall suggest steps that the employee may take to rectify such perceived deficiencies. The employee shall be entitled to provide a written response to any statement made on the Progress Towards Tenure form within one week of the meeting with the Department Head or Dean. Given the formative nature of the process, the Progress Towards Tenure form and any written response from the employee shall not be used as evidence in meetings of the first level committee, either at the Department Renewals and Tenure Committee or the College Renewals and Tenure Committee. The Progress Towards Tenure form and any written response from the employee shall be admissible as evidence in reviews of negative decisions or appeals to the Renewals and Tenure Appeal Committee but shall not limit in any way the decisions of the review committees or renewals and tenure committees. Where an employee has a joint appointment or associate membership, the Department Head or Dean in the primary unit shall consult with the Department Head or Dean in the secondary unit and shall convey information received in that consultation to the employee and in the written statement.

14.5.3 Voting Procedures.

The following voting procedures shall be used by department, College, and university committees that consider renewal of probationary appointments:

1. each member of a committee, including the chair, shall have one vote. Members may vote on a particular candidate only if they have taken part in the committee's deliberations on that candidate;
2. a quorum shall be two-thirds of the members of a committee taken to the nearest integer. Employees on leave or excluded because of conflict of interest shall not be counted in order to determine the size of a committee nor to determine if a meeting has a quorum. However, an employee on leave who is a member of a committee may, if present, participate and vote in the meetings of the committee.
3. the decision on renewal of a probationary appointment shall be by simple majority of the vote of those voting. The vote of any member abstaining shall not be counted in support of either the affirmative or negative view. A tie vote means that the motion is lost. The vote shall be taken in response to the question: "Shall renewal be recommended?";
4. any member of a committee who is of the immediate family of a candidate shall be disqualified from attending the deliberations of the committee concerning the case and from voting on the question;
5. each committee shall have the right to rule a member ineligible to vote or to require the member's withdrawal from the deliberations of the committee if it considers a serious conflict of interest to exist;
6. employees shall withdraw as members of College or University Review Committees when these committees receive or review the recommendations of Department or College Committees of which they have been members.

14.5.4 Candidate to be Informed

A candidate shall be sent written notice of the disposition of a decision on the renewal of a probationary appointment, by the chair of the committee, within one week of the decision being made. If the decision is to deny renewal to the candidate, the advice shall include information on the candidate's right of appeal and of the procedure to be followed by the candidate in initiating an appeal.

In addition, the candidate shall receive from the chair of that committee a written statement of reasons for the negative recommendation, including those of any subordinate committee or committees which the senior committee judges to be valid and relevant. The statement of reasons shall, by direct reference to those portions of the department's, College's, and/or University statements of standards, specify the standards that the candidate has failed to satisfy. The statement shall also include a summary of the substantive information considered in the candidate's case.

14.5.5 Review and Appeal in the Case of Denial of Renewal.

1. A candidate who is not recommended for renewal of a probationary appointment by a Department Renewals and Tenure Committee may make a written appeal which shall be considered by the College Review Committee. The candidate is entitled to appear before that body and to be accompanied by a colleague from the same College.
2. A candidate who is not recommended for renewal of a probationary appointment by a College Renewals and Tenure Committee may make a written appeal which shall be considered by the University Review Committee. The candidate is entitled to appear before that body and to be accompanied by a colleague from the same College.
3. A candidate who is not recommended for renewal of a probationary appointment by a College Review Committee which has received a positive recommendation from a Department Renewals and Tenure Committee may make a written appeal which shall be considered by the University Review Committee. The candidate is entitled to appear before that body and to be accompanied by a colleague from the same College.
4. A candidate who is not recommended for renewal of a probationary appointment by the University Review Committee may appeal to the Renewals and Tenure Appeal Committee (See Article 15.8.5).
5. There is no further appeal beyond the Renewals and Tenure Appeal Committee except for that permitted under the Grievance Procedure, Article 14.9.

14.5.6 Notice of Appeal

An employee entitled to appeal in accordance with the provisions of Article 14.5.5 is required to advise the chair of the appropriate committee of the intent to appeal. This notification shall be made within one week of the employee being advised of an appealable negative decision, or within two weeks of the closing date for the committee's consideration of the appeal (Article 14.5.9), whichever date occurs sooner. In the case of an appeal to the College Review Committee, the substance of the appeal shall be filed with the chair of the committee no later than one week before the closing date for committee consideration of the appeal. In the case of an appeal to the University Review Committee, the substance of the appeal shall be filed with the chair of the committee no later than three weeks before the closing date for committee consideration of the appeal. In the case of an appeal to the Renewals and Tenure Appeal Committee, the substance of the appeal shall be filed with the chair of the committee no later than two weeks before the closing date for committee consideration of the appeal.

14.5.7 Information and Committee Procedures.

1. A confidential file shall be kept of all information received and considered by each committee and a record shall be maintained of all decisions reached by each committee.
2. It is the responsibility of the committee chair to gather information and documentation which the committee shall use when considering candidates for renewal of probationary appointments. This information should include, inter alia, data about the candidate's qualifications, scholarship and teaching, testimonials, proof of degrees, publications, class materials, and reports by peers who have seen the candidate teach. Student submissions are admissible if they are written expressions, prepared by individual students and signed, that give justification for their view. No anonymous material shall be introduced or considered except for student course evaluations which may be considered but only in accordance with Article 12.1.1. A candidate is entitled to request and receive from the chair of a committee a list of the items included in the documentation submitted to the committee for consideration of the candidate's case. If a candidate considers it necessary for a committee to have material additional to that mentioned above, which the chair collects, it is the responsibility of the candidate to obtain it and submit it to the chair. Where an employee has a joint appointment or associate membership, the Department Head or Dean in the primary unit shall consult with the Department Head or Dean in the secondary unit and gather information in writing in respect of the same matters.
3. A candidate is entitled to make a written submission only, to that committee which first considers the candidate's case. In addition, a candidate not recommended for renewal of a probationary appointment is entitled to make a written appeal to, as well as to appear before, the review committee which received the negative recommendation in accordance with the provisions of Article 14.5.5.
4. Any committee, at its discretion, may call witnesses, including members of subordinate committees who wish to be heard.
5. If errors of omission or of procedure are found in the proceedings of a department or College renewals and tenure committee or a College review committee, that committee shall be advised so that it may have an opportunity to respond. If further information is received by a College committee or the University Review Committee, that information shall be referred to the candidate (subject only to limitations in respect of confidentiality as defined in Article 12) and, at the Committee's discretion, to the Department or College Renewals and Tenure Committee, for comment. Any such comments shall be supplied to the candidate provided that the confidentiality of the information commented upon is preserved.
6. The chair of a department or College renewals and tenure committee shall transmit to the College or University Review Committee the department's or the College's recommendations for the renewal of probationary appointments. This shall be done in writing and the numerical vote for each recommendation shall be recorded. A brief statement of the reasons for recommending or not recommending renewal and the summary of information on which these are based shall also be given. If asked to appear, the chair of a subordinate committee may choose to be accompanied by a colleague from the same College.
7. In cases where recommendations are not unanimous at the department level, the College Review Committee shall ascertain minority views.
8. Each committee shall determine its own operating procedures, provided they are consistent with the terms of this Agreement, and each candidate shall be informed by the chair of the appropriate committee, in writing, of any operating procedures not specified in this Agreement, before the candidate's case is considered. Where a committee is to consider more than one case in a given year, these procedures shall be applied uniformly.
9. Appeal procedures shall be as provided in Article 15.12.

14.5.8 Reconsideration of Renewal

Neither a College Review Committee nor the University Review Committee shall ask any committee that has already made a renewal recommendation to reconsider the recommendation. However, any committee may reconsider its own decision until the date for transmitting its recommendations to a subsequent committee or to the President for transmission to the Board (see Article 14.5.9).

14.5.9 Dates

The following dates shall govern renewal of probationary appointment procedures:

1. by May 31, the Department Head (or Dean of a non-departmentalized College) shall have met with each candidate as described in Article 14.5.2.
2. by June 30, the Department Head (or Dean of a non-departmentalized College) shall have advised the candidate to provide such information as the candidate wishes to introduce in support of the candidate's own case;
3. by August 1, the candidate shall have provided to the Department Head (or Dean of a non-departmentalized College) such information as the candidate wishes to introduce in support of the candidacy for renewal at the meeting of the committee first considering it;
4. by October 7, the Department Head (or Dean of a non-departmentalized College) shall have convened a meeting of the Department (or College) Renewals and Tenure Committee, which shall have considered all cases for renewal, and transmitted its recommendations in writing to the College Review Committee or the University Review Committee;
5. by November 21, the Dean of a departmentalized College shall have convened a meeting of the College Review Committee, and the Committee shall have considered all cases for renewal, and transmitted, in writing, its positive recommendations to the President for transmission to the Board, and its negative recommendations to the University Review Committee;
6. by January 31, the President shall have convened the University Review Committee, and the Committee shall have considered all appeals and shall have transmitted all of its recommendations to the President for transmission to the Board;
7. by February 28, the President shall have advised all candidates for renewal of the decision of the Board, except those whose cases are pending before Renewals and Tenure Appeal Committees;
8. by March 31, Renewals and Tenure Appeal Committees shall have determined all cases before them and shall have made their recommendations to the President for transmission to the Board.
9. by April 30, the President shall advise all candidates who appealed to the Renewals and Tenure Appeal Committee of the decision of the Board. If the decision is negative, the candidate shall receive from the chair of the Board a written statement of reasons for the negative decision (see Article 15.11.4)

No decision on renewal shall be set aside or reversed only because of a technical non-compliance with the dates and times established by this section.

These renewal regulations and procedures are applicable to all departments and Colleges.

Any dispute arising from the interpretation of the above regulations and procedures on renewal in an individual case shall be resolved by agreement between the Employer and the Association.

A grievance may be made in the case of the non-renewal of a probationary appointment only on four grounds:

1. that proper procedures have not been followed; or
2. that the Academic Freedom Article (Article 6) has been violated; or
3. that the Non-Discrimination Article (Article 7) has been violated; or
4. that the Board has reversed a positive recommendation from either the College Review Committee or the University Review Committee or the Renewals and Tenure Appeal Committee.

The arbitrator shall have the power to prescribe such remedies as the arbitrator sees fit including the power to extend the candidate's probationary period by a reasonable length of time.