YOU BE THE JUDGE
What follows are true shortened stories of situations that arose at some or all of New Jersey’s State Colleges & Universities.
A long time member of a College athletics department was involved in a NCAA investigation involving an allegation that a student athlete received an ‘extra benefit’ in violation of NCAA rules.
After months of testimony the NCAA gathered from the involved coach, the administration, student athletes, the academic and professional staff members of the college, the NCAA found merit to the allegation and sanctioned the college and the coach.
The sanction involved a two game suspension for the coach, and removal from student athlete recruitment activities for a couple of years. The college had to forfeit its winning record and send its athletic department staff for training on NCAA rules.
The college proceeded to remove the coach's title and duties, and exiled the coach to a position of basically babysitting students working out in the recreation center. The college further punished the coach by creating a so-called “office” in the corner of the gym where it is very hot and loud. It is in no way a professional setting for one of our members.
The Council has been trying, so far unsuccessfully to get this coach restored to a decent office in the gym.
Is the College retaliating against our member?
YOU be the judge.
A part-time faculty member has been teaching as an adjunct at one of our universities for many years. The member became half-time faculty in 2002. In 2003, the member was appointed to a three-quarter time position. Since 2008 the member's department consistently assigned overload courses every year.
Part-timers are not eligible for overload, but no one noticed. For the past 6 years, the member's credits as a part-time faculty member, added to the member's overload credits equaled a full load, i.e., in excess of 24 credits per year.
Legally, full-time faculty hired under the old tenure law achieve tenure after five consecutive years of employment. Typically, faculty are evaluated in their fifth year and either granted tenure or denied reappointment. In the very rare case where an administration inadvertently allows a full-time faculty member to begin a 6th year, tenure is automatic. This is what occurred in this case.
A recalcitrant employer could force the faculty member and the Union to litigate, which would take years to resolve. An employer with enlightened labor relations could resolve the matter by granting tenure and negotiate with the Union over terms and conditions of employment such as, among other things, initial placement on the salary guide.
Should that faculty member have been granted tenure?
YOU be the judge.
NOTE: *Part-time faculty should not be assigned overload. If they are, the practice should be terminated OR the administration should elevate these faculty to full-time status. Any part-time faculty in this situation should contact their local union immediately.