Common use of Summer Instructional Contracts Clause in Contracts

Summer Instructional Contracts. The Board shall, in its sole discretion, determine which courses it may offer during the summer or intersession periods. The University reserves the right to cancel courses for any reason, including but not limited to failure to enroll sufficient students. Once the Board determines that it may offer a course during summer or intersession, the Board shall determine whether the course will be offered to a Faculty member on an enrollment-contingent basis. If enrollment- contingent courses are offered, the parties agree that a percentage of total tuition revenue will be retained by Central Administration (e.g., to cover overhead costs); instructor salary costs shall be allocated from the portion of the tuition revenue distributed to the college. Nothing shall prevent the Board from discussing the course and gauging interest of Faculty members or others prior to making a contingent offer to teach the course. In determining the assignment of summer instructional contracts, the factors the Board shall consider include, but are not limited to: 1. Student needs (e.g., enrollments and graduation requirements, including internships); 2. Unit needs; and 3. Faculty member’s expertise. Once the Board has determined that a Faculty member will be provided a contingent offer to teach a summer or intersession course(s), the Board shall provide a written contingent offer for the course(s). The written offer shall, at a minimum, include the following: (1) the course(s) the Faculty member is being offered, (2) the minimum number of students needed to enroll in the course for the Faculty member to receive compensation at the equivalent of one month’s salary for every three (3) credit hours taught, and (3) the date by which the minimum enrollment must be met for the Faculty member to receive such compensation. The date by which enrollment shall be met shall be not less than five (5) and not more than ten (10) days prior to the start date for the course. If enrollment reaches the minimum established by Board by the fifth (5th) day of the course, then the Faculty member shall receive compensation at the equivalent of one month’s salary for every three (3) credit hours taught. In establishing the minimum enrollment necessary to compensate the Faculty member at the equivalent of one month’s salary for every three (3) credit hours taught, the Board shall determine a good faith estimate of the costs of delivering the course during the summer/intersession and a good faith estimate of the minimum enrollment necessary to provide sufficient income to the Board to cover the costs of delivering the course. That minimum enrollment, based on the estimated number of students necessary to cover the costs of delivering the course, and taking into account projected tuition payments by enrolled students, shall be the minimum enrollment necessary for the Faculty member to receive compensation at the equivalent of one month’s salary for every three (3) credit hours taught. In establishing its good faith estimate of the costs of delivering the course, the Board may consider all costs of delivery, including but not limited to: the Faculty member’s salary, any salary support costs (e.g. teaching/graduate assistant salary, etc.), costs of the space/location for the course (rental costs, utility costs and fees, equipment needs, etc.), any additional costs or fees for delivering the course, additional supplies necessary for the course, etc. A profit to the College/Department may not be considered a cost of delivering the course. These estimated costs shall be determined by the Board and shall be estimated on a course by course basis. Nothing in this provision subsection shall prevent the Board or any individual College or Department/School from utilizing a portfolio method to cover costs of the courses offered in the College/Department. The Faculty member may accept or reject the contingent offer to teach summer/intersession course(s). The Board will provide, at minimum, five (5) business days for the Faculty member to consider a contingent offer to teach a summer/intersession course. If the Faculty member rejects a contingent offer to teach summer/intersession course(s), then the Board may offer the course(s) to someone else. If the Faculty member accepts the enrollment-contingent offer and the student enrollment does not reach the minimum established by the Board by the date stated in the offer and the Board determines that it may still offer the course(s) during the summer/intersession, the Board shall offer the course to the Faculty member with compensation reduced by the proportionate number of students enrolled in the class by the relevant date stated in the written offer. In no event shall a Faculty member be paid less than the equivalent of one-half (1/2) of one month’s salary for every three (3) credit hours taught for a summer/intersession teaching assignment. A Faculty member shall not be required to accept any such offer to teach the course for compensation of less than the equivalent of one month’s salary for every three (3) credit hours taught. The Board will provide, at minimum, two (2) business days for the Faculty member to consider an offer to teach a summer/intersession course for less than one month of salary as defined above. The Board and the Faculty member may mutually agree to a higher compensation amount than established by this subsection. If the Faculty member rejects an offer for any reason to teach a summer/intersession course(s), including but not limited to insufficient compensation, the Board may elect to offer the course to someone else.

Summer Instructional Contracts. The Board shall, in its sole discretion, determine which courses it may offer during the summer or intersession periods. The University reserves the right to cancel courses for any reason, including but not limited to failure to enroll sufficient students. Once the Board determines that it may offer a course during summer or intersession, the Board shall determine whether the course will be offered to a Faculty member on an enrollment-enrollment- contingent basis. If enrollment- enrollment-contingent courses are offered, the parties agree that a percentage of total tuition revenue will be retained by Central Administration (e.g., to cover overhead costs); instructor salary costs shall be allocated from the portion of the tuition revenue distributed to the collegeCollege. Nothing shall prevent the Board from discussing the course and gauging interest of Faculty members or others prior to making a contingent offer to teach the course. In determining the assignment of summer instructional contracts, the factors the Board shall consider include, but are not limited to: 1. i. Student needs (e.g., enrollments and graduation requirements, including internships); 2ii. Unit needs; and 3iii. Faculty member’s expertise. Once the Board has determined that a Faculty member will be provided a contingent an offer to teach a summer or intersession course(s), the Board shall provide a written contingent offer for the course(s). The Faculty members shall receive a written offer shall, at a minimum, include the following: (1) the course(s) the Faculty member is being offered, (2) the minimum number of students needed to enroll in the for their summer course for the Faculty member to receive and compensation at the equivalent of one month’s salary for every three (3) credit hours taught, and (3) the date by which the minimum enrollment must be met for the Faculty member to receive such compensation. The date by which enrollment shall be met shall be not less than five (5) and not more than ten (10) days prior to the start date for the course. If enrollment reaches the minimum established by Board by the fifth (5th) day of the course, then the Faculty member shall receive compensation offered at the equivalent of one month’s either $5000 or a ½ months’ salary for every three (3) credit hours taught. In establishing the minimum enrollment necessary to compensate the Faculty member at the equivalent of one month’s salary for every three (3) credit hours taught, the Board shall determine a good faith estimate of the costs of delivering the course during the summer/intersession and a good faith estimate of the minimum enrollment necessary to provide sufficient income to the Board to cover the costs of delivering the course. That minimum enrollment, based on the estimated number of students necessary to cover the costs of delivering the course, and taking into account projected tuition payments by enrolled students, shall be the minimum enrollment necessary for the Faculty member to receive compensation at the equivalent of one month’s salary for every three (3) credit hours taught. In establishing its good faith estimate of the costs of delivering the course, the Board may consider all costs of delivery, including but not limited to: the Faculty member’s salary, any salary support costs (e.g. teaching/graduate assistant salary, etc.), costs of the space/location for the course (rental costs, utility costs and fees, equipment needs, etc.), any additional costs or fees for delivering the course, additional supplies necessary for the course, etc. A profit to the College/Department may not be considered a cost of delivering the course. These estimated costs shall be determined by the Board whichever is greater and shall be estimated on a course by course basis. Nothing in this provision subsection shall prevent the Board or any individual College or Department/School from utilizing a portfolio method to cover costs of the courses offered in the College/Department. The Faculty member may accept or reject the contingent offer to teach summer/intersession course(s). The Board will provide, at minimum, have five (5) business days to accept or reject an offer. Faculty members are allowed to negotiate with their directors for up to a full month’s salary, if sustained by enrollment. While the Administration reserves its managerial rights over scheduling and class cancellations Faculty member and students will be given no fewer than one week (7 days) notice if a class is to be cancelled. Schools using the portfolio model are encouraged to consider a contingent offer to teach a summer/intersession course. If the Faculty member rejects a contingent offer to teach summer/intersession course(s), then the Board may offer the course(s) to someone else. If the Faculty member accepts the enrollment-contingent offer and the student overall enrollment does not reach the minimum established by the Board by the date stated in the offer and the Board determines that it may still offer the course(s) during the summer/intersession, the Board shall offer the course to the Faculty member concerns along with compensation reduced by the proportionate number of students enrolled in the class by the relevant date stated in the written offer. In no event shall a Faculty member be paid less than the equivalent of one-half (1/2) of one month’s salary for every three (3) credit hours taught for a summer/intersession teaching assignment. A Faculty member shall not be required to accept any such offer to teach the course for compensation of less than the equivalent of one month’s salary for every three (3) credit hours taught. The Board will provide, at minimum, two (2) business days for the Faculty member to consider an offer to teach a summer/intersession course for less than one month of salary as defined abovewhile scheduling classes. The Board and the Faculty member may mutually agree to a higher compensation amount than established by this subsection. If the Faculty member rejects an offer for any reason to teach a summer/intersession course(s), including but not limited to insufficient compensation, the Board may elect to offer the course to someone else.