UMCP Agreement for “ADJUNCT II” Status Instructional Faculty Appointment
[This Agreement should be used for non-tenure track instructional faculty appointments
of less than 50% FTE with “ADJUNCT II” status.]
BY THIS AGREEMENT, the University of Maryland, College Park, an institution of the University System of Maryland, which is an agency of the State of Maryland (“the University”), and ______
(“the Appointee”) agree as follows:
1. Appointment. Appointee is appointed as a ______[Lecturer, Senior Lecturer, Adjunct Assistant Professor, Adjunct Associate Professor or Adjunct Professor] within the Department of ______in the College of ______. This is a ______% of full time equivalent (FTE) appointment for a term of ______[ maximum term based on faculty title ] This appointment carries “Adjunct Faculty II” status. This is neither a tenured position nor a tenure-track position. Service rendered does not count toward a tenure clock. The appointment is for instructional services and other professional responsibilities to be assigned on a semester by semester basis. The specific instructional assignments and other assigned duties for each semester shall be made prior to the start of each semester. Whenever possible, the department shall provide notice of the specific course assignments at least 45 days prior to the start of classes in order to allow for appropriate preparation.
2. Salary. Initially, for these services, Appointee shall be compensated based on a rate of $______per______[semester, academic year or 12-month year]. Appointee shall be provided information by the department explaining how compensation has been calculated, including the amount attributable to each assigned course, as applicable. [Departments are encouraged to issue new contracts with any change in rate of compensation.] Appointee shall also receive an annual compensation increment, i.e., bonus, in the amount of at least 10% of the minimum, annual compensation for adjunct faculty at the University set by the Provost for that year, consistent with State and USM budget policies. The initial compensation increment, i.e., bonus, is $______.
3. Termination of Appointment. This appointment creates no right, preference, entitlement or expectancy on behalf of the Appointee to teach or otherwise be employed by the University for any other term or purpose. This appointment shall terminate automatically at the conclusion of the stated term except as provided in paragraphs 4, 5 and 6 below. At such time, the Appointee shall return all keys, gradebooks, and student work to the Chair or his/her designee.
- Agreement Null and Void Due to Cancellation of Courses and Other Assigned Duties. Notwithstanding any other provisions of this Agreement to the contrary, the University reserves the right to render this Agreement null and void, without any obligation to Appointee, if the University determines in its sole discretion, that the assigned courses and other duties should be cancelled due to insufficient enrollment or for other reason(s), provided, however, in the event a class is cancelled less than 30 days prior to the first day of class, and the University has been unable to offer Appointee reassignment to a comparable class, Appointee shall be compensated 10% of the payment attributable to that class. Notice of cancellation of any class shall be given by the first day of the class.
5. Termination Prior to End of Appointment. Unless rendered null and void pursuant to paragraph 4 above, this Agreement may be terminated prior to the end of the term by the University as follows:
a. Upon delivery of written notice by the University. Except when terminated pursuant to paragraphs 5(b) through 5(e) below wherein no notice is required, the notice period of termination is thirty (30) days.
OR
b. Upon the discontinuance of the department, program, school or unit in which the appointment is made.
OR
c. For a lack of appropriations or other funds with which to support the appointment provided such termination complies with the applicable faculty retrenchment procedures set forth in II-8.00(B) University of Maryland Procedures for the Termination of Faculty Appointments During Fiscal Crisis.
OR
d. Upon expiration of the research funds, service contract income, gifts or grants from which the compensation is paid, if 50% or more of the compensation for this appointment is derived from research contracts, service contracts, gifts or grants.
OR
e. For cause, at any time and without prior notice.
Prior to termination of an appointment before the end of its term in accordance with paragraph 5(a) and 5(e) above, an Adjunct faculty member shall be offered an opportunity to meet and discuss the matter at the level of the College or School. The University may remove the Adjunct faculty member from the classroom, provided, however, it shall continue to pay the Adjunct faculty member pending a reasonable opportunity to be heard.
6. Notice of Non-Renewal. Faculty with appointments of at least one (1) academic year shall be entitled to a minimum of thirty (30) days notice of non-renewal. If the length of required notice of non-renewal cannot be completed within the time remaining in the term or is not provided prior to the end of the term of the then-current contract, this condition may be remedied by extending the contract by the number of days necessary to meet the notice requirement. Delivery of Notice of Termination under paragraph 5(a), above, shall satisfy the requirements of notice of non-renewal under this paragraph 6. Notwithstanding any other provisions of this Agreement to the contrary, notice of non-renewal is not required when an Agreement is terminated in accordance with paragraphs 5(b) through 5(e) or not renewed for the reasons set forth in paragraphs 5(b) through 5(e).
7. University System Governing Policy. This appointment is governed by the applicable provisions in paragraphs I.C.1 through I.C.15 of the University System of Maryland Policy on Appointment, Rank, and Tenure of Faculty (II-1.00). Those paragraphs are incorporated into this Agreement and are accessible at http://faculty.umd.edu/policies/contractuallybinding.html.
8. Policies General. The Appointee shall be subject to all applicable policies and procedures duly adopted or amended from time to time by the University or the University System of Maryland. Except as provided in paragraph 6 above, such policies and procedures are not incorporated into this Agreement and are subject to change. The University agrees that if it changes a policy or procedure, it will not deprive the Appointee of any monetary payment the right to which has accrued under the previous policy or procedure. Such changes will be made in accordance with all applicable established procedures of the University System of Maryland and the University.
9. Benefits.
Appointee is not eligible for institutional benefits, including employer-subsidized health insurance. Appointee is eligible for health insurance if he/she pays for both the employer and employee-premiums. Appointee is eligible for retirement benefits.
10. Additional Terms.
[These terms may not be inconsistent with paragraphs 1-9 and 11-20 of the Agreement and may not be inconsistent with the University System of Maryland and University policies and procedures to which the Appointee is subject pursuant to paragraph 7 of the Agreement.]
In the event any of the Additional Terms set forth herein in paragraph 10 conflict with the terms of paragraphs 1-9 and paragraphs 11-20, the terms of paragraphs 1-9 and 11-20 shall prevail.
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11. Teaching Responsibilities. Teaching for the University and the Department entails certain responsibilities. Appointee’s signature at the bottom of this contract indicates that the Appointee accepts these responsibilities and specifically agrees to the following:
a. Ensure that the structure and content of the courses taught are consistent with their definitions in the current Undergraduate or Graduate Catalog and Schedule of Classes. The Appointee shall become familiar with and abide by all the University’s teaching policies and guidelines regarding faculty responsibilities especially with respect to course syllabi, academic integrity, confidentiality of student records, sexual harassment, accommodations for students with disabilities, religious observation, examinations and grading, copyright compliance, ownership and use of copyrighted materials, ordering books and similar matters.
b. Follow the University’s calendar published in the Schedule of Classes for starting and ending dates; final examinations; meet all scheduled classes; hold office hours and student conferences and provide the University with timely grades as required for official final grade reporting. Except when reasonably and unavoidably prevented by emergency circumstances, any appointee absence from a scheduled class must be approved in advance in writing by the Chair or his/her authorized designee.
c. Follow department guidelines for student evaluation of teaching and provide the Chair or his/her designee with those evaluations when they become available.
12. Teaching Support. To enable the accomplishment of these responsibilities the Department agrees to furnish the appointee the following:
a. Information on the college and department policies, requirements, learning outcomes and goals for each course, along with access to examples of past court syllabi (if available);
b. official schedule of classes, including academic calendar and time frames of class meetings;
c. assistance with textbook ordering and completing textbook compliance form;
d. a university email account along with access to on-campus computing facilities;
e. for adjunct faculty teaching face-to-face classes on campus:
(i) telephone or other voice access, as appropriate;
(ii) necessary office supplies;
(iii) access to photocopying ;
(iv) appropriate temporary space for meeting with students during scheduled office hours; and
(v) such other supplies as the Chair or his/her designee deems reasonably necessary to the instruction of assigned course(s) and other professional responsibilities.
13. Professional Development. To the extent feasible, professional development opportunities for new Adjunct Faculty shall include:
a. Departmental orientation and overview;
b. Campus orientation;
c. Introduction to teaching resources;
d. Training in using UMEG, TESTUDO, ELMS and other course administration and learning instruction information technology.
Subsequent opportunities for development will be provided to the extent feasible. Such opportunities may include invitations to departmental, college, University and external faculty development events, mentoring from senior faculty, and support for attending academic conferences.
14. Performance Evaluation. Appointee’s teaching shall be evaluated on a regular schedule as required by BOR II-1.20 Policy on Evaluation of Performance of Faculty
a. Among other things, performance evaluation procedures shall include student evaluations and faculty classroom visitation and observation.
b. Departments shall evaluate teaching by Adjunct Faculty on the same basis used to evaluate the teaching of tenure-track faculty.
c. Evaluations shall be kept on record in a personnel file and shall be consulted when decisions about promotion, compensation, and any subsequent appointments are made.
15. Benefits of “Adjunct Faculty II” Status.
a. “Adjunct Faculty II” status entitles Appointee to the following:
(i) a once-a-year compensation increment, which is not added to base salary, in the amount of at least 10% of the minimum, annual compensation for adjunct faculty at the University set by the Provost for that academic year, consistent with State and USM budget policies;
(ii) priority consideration, to the extent operationally feasible, among adjunct faculty for future teaching assignments in the subjects for which the adjunct faculty member has had consistent instructional experience at the University; and
(iii) eligibility for longer-term appointments that assure the adjunct faculty member assignment to a fixed number of classes during the term of the appointment.
b. Having “Adjunct Faculty II” status does not prevent an adjunct faculty member from competition for or selection into a salaried part-time non-tenure track or other faculty position.
16. Grievance Rights. Appointee has full access to the Faculty Grievance Procedure which is accessible at http://www.president.umd.edu/policies/ii400a.html.
17. Verification of Credentials. Upon its request, Appointee agrees to have sent to the University certified copies of any transcript(s) reflecting the award of degree(s) listed as received on the Appointee’s curriculum vitae. Further, upon its request, Appointee agrees to provide the University evidence of employability as required by the United States Immigration Laws. Appointee agrees the employment of Appointee is terminable by the University if at any time Appointee fails to provide the above transcripts or evidence.
18. Controlling Law. This Agreement shall be construed according to the laws of the State of Maryland.
19. Entire Agreement. The terms and conditions stated above constitute the entire Agreement between the parties. This agreement may not be modified except by means of a written amendment to this Agreement signed by the University and Appointee.
20. Limited Offer of Employment. Until signed by both the Appointee and the University, this Agreement constitutes only an offer of employment by the University and not a contract between the parties. This offer of employment expires if a signed original is not returned by Appointee and received by the University by ______.
______
Signature of Appointee Date
______
Signature of Chair Title Date
050312
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