Between And (Representing the Graduate Teaching Assistants

MEMORANDUM OF AGREEMENT

Between

THE UNIVERSITY OF KANSAS

And

GTAC/THE AMERICAN FEDERATION OF TEACHERS –

KANSAS

(Representing the Graduate Teaching Assistants Coalition

at the University of Kansas, Lawrence)

Academic Years

2021-2022, 2022-2023

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Table of Contents

ARTICLE 1: Preamble ................................................................................................................................................... 1

Section 1: Parties .......................................................................................................................................................... 1

Section 2: Recital.......................................................................................................................................................... 1

ARTICLE 2: Recognition .............................................................................................................................................. 1

Section 1: ....................................................................................................................................................................... 1

Section 2: ....................................................................................................................................................................... 1

Section 3: ....................................................................................................................................................................... 1

Section 4: ....................................................................................................................................................................... 1

ARTICLE 3: Non-Discrimination.............................................................................................................................. 2

ARTICLE 4: Union Rights ............................................................................................................................................ 3

Section 1: Employee Rights ...................................................................................................................................... 3

Section 2: Dues Deduction ........................................................................................................................................ 3

Section 3: AFT-Kansas Representatives ............................................................................................................... 3

Section 4: Authorized Personnel ............................................................................................................................ 3

Section 5: Bulletin Boards......................................................................................................................................... 3

Section 6: Notification of Representation ........................................................................................................... 3

Section 6a: ..................................................................................................................................................................... 4

Section 6b: Access to Contract ............................................................................................................................ 5

Section 7: Union Use of Facilities ..................................................................................................................... 5

ARTICLE 4A: University Rights ................................................................................................................................ 5

ARTICLE 5: Appointments ......................................................................................................................................... 6

Section 1: Offer of Financial Support for Graduate Programs ................................................................ 6

Section 2: Term of Appointments........................................................................................................................... 7

Section 2a. Type & Lengths of Appointment .................................................................................................. 7

Section 2b. Appointment Dates ............................................................................................................................... 7

Section 3: Compensation & Appointment Percentage ..................................................................................... 7

Section 4: Conditions for Holding GTA Appointments .................................................................................... 8

B1. Enrollment & Medical Leave: ............................................................................................................... 8

B2. Enrollment & Post Comps: .................................................................................................................... 8

B3. Short Course Appointments: ............................................................................................................... 8

Section 5: Appointment Process ...........................................................................................................................10

Section 6: Limit on Number of Appointments ..................................................................................................10

Section 7: Performance of Duties as Instructed...............................................................................................11

Section 8: Orientation & Training.........................................................................................................................11

Section 9: Evaluation ................................................................................................................................................12

Section 10: Termination of Appointment for Enrollment or Fiscal Reasons .....................................12

Section 11: Approved Medical Leave & Return to Work ..........................................................................13

Section 12: Procedure for Work Beyond Appointed Hours.....................................................................13

ARTICLE 6: Wages .......................................................................................................................................................14

Section 1: ......................................................................................................................................................................14

Section 2: ......................................................................................................................................................................14

Section 3: Base Minimum Salary...........................................................................................................................15

Section 4: Compensation for Returning GTAs Compensated Above the Minimum .........................................15

Section 5: MOA Compensation Rights Exclusive for GTAs ...........................................................................15

ARTICLE 7: Benefits ....................................................................................................................................................16

Section 1: Healthcare Benefits...............................................................................................................................16

Section 2. Payment of GTA Campus Fees by the University.........................................................................16

Section 3: Tuition Waiver........................................................................................................................................16

Section 3a. Payment of GTA Tuition by the University .............................................................................16

Section 3b: Restriction for Online Courses ...................................................................................................16

Section 3c: Staff Rates for Tuition ..................................................................................................................17

ARTICLE 8: Access to Resources ...........................................................................................................................17

Section 1: Instructional Materials ........................................................................................................................17

Section 2: Transportation .......................................................................................................................................18

ARTICLE 9: Professional Development..............................................................................................................19

Section 1: Employee Training ................................................................................................................................19

Section 2: Support for Research............................................................................................................................20

Section 3: Health and Safety...................................................................................................................................20

Section 3a: Work Assignment Adjustments and Leave without Pay ....................................................20

Section 3b: Classroom Coverage ......................................................................................................................20

Section 3c: Support for Nursing Parents, Childcare, and Gender Inclusive Bathrooms .................21

ARTICLE 10: AFT-Kansas Access to GTA Names & Addresses .................................................................21

Section 1: Union List ................................................................................................................................................ 21

Section 2: Obligations to Provide Lists .............................................................................................................. 22

Section 3: Information Requests.......................................................................................................................... 22

ARTICLE 11: No Interference .................................................................................................................................22

Section 1: Work Time ...............................................................................................................................................22

Section 2: Equipment & Materials ........................................................................................................................23

ARTICLE 12: Personnel Files .............................................................................................................................. ... 23

Section 1: .....................................................................................................................................................................23

Section 2: .....................................................................................................................................................................23

Section 3: .....................................................................................................................................................................23

Section 4: .....................................................................................................................................................................23

ARTICLE 13: Disciplinary Action ..........................................................................................................................23

Section 1. Progressive Discipline ..........................................................................................................................23

Section 1a: Counseling ........................................................................................................................................24

Section 1b: Formal Disciplinary Action..........................................................................................................24

ARTICLE 14: Grievance Procedure .................................................................................................................. 25

Section 1: ..................................................................................................................................................................... 25

Section 2: ..................................................................................................................................................................... 25

Section 3: .................................................................................................................................................................... 25

Section 4: .................................................................................................................................................................... 25

Section 5: .................................................................................................................................................................... 26

Section 6: Procedure.................................................................................................................................................26

Section 6a: Representation ................................................................................................................................26

Section 6b: Exclusions .........................................................................................................................................27

Section 6c: Steps of the Grievance Procedure .............................................................................................27

Level 1: Informal, Optional Discussion with the Chair/Director ........................................................27

Level 2: Formal Grievance to Chair/Director ...........................................................................................28

Level 3: Formal Grievance to Dean ..............................................................................................................28

Level 4: Mediation .............................................................................................................................................29

Level 5: Formal Grievance to the GTA Grievance Resolution Committee ..................................................29

Level 6: Vice Provost for Graduate Studies Decision..............................................................................34

Level 7: Judicial Review ................................................................................................................................35

ARTICLE 15: Savings Clause .................................................................................................................................. 35

ARTICLE 16: Duration & Termination ............................................................................................................... 35

SIGNATURE PAGE ...................................................................................................................................................... 36

ARTICLE 1: Preamble

Section 1: Parties

This agreement is entered into by and between the University of Kansas and the Board of Regents

of the State of Kansas, hereinafter collectively referred to as "the employer" or "the University," and

the Graduate Teaching Assistants Coalition (GTAC), Local 6403, American Federation of Teachers-

Kansas, hereinafter referred to as "GTAC" or "the employee organization."

Section 2: Recital

It is the intent and purpose of this agreement to promote a harmonious and cooperative

relationship between the employer and the employees in the appropriate certified employee unit

within the framework provided by the Kansas Public Employer-Employee Relations Act, K.S.A. 75-

4321, et seq. ("PEERA").

ARTICLE 2: Recognition

Section 1:

For the purpose of resolving grievances and meeting and conferring about conditions of

employment, as defined within the Kansas Public Employer-Employee Relations Act, K.S.A. § 75 −

4322

(

𝑡

)

, the employer recognizes AFT-Kansas as the exclusive representative for the unit found

appropriate and certified on April 27, 1995, by the Public Employee Relations Board ("PERB") in

case number 75-UC-1-1992.

Section 2:

As certified by PERB, the unit consists of all graduate teaching assistants employed by the

University of Kansas, except those excluded as provided in the following section (unit members

shall hereinafter be referred to as "GTAs" or "employees").

Section 3:

Positions excluded from the unit shall be any GTAs who are employed in managerial, supervisory or

confidential positions, and all positions other than that of graduate teaching assistant.

Section 4:

Should the University determine that any person employed as a GTA should be excluded from the

unit, the University shall provide AFT-Kansas with the name, position, and duties of the position

which would indicate it should be excluded. If AFT-Kansas agrees with the University in its

assessment, AFT-Kansas and the University shall submit a joint petition for unit amendment to

PERB requesting the amendment. If AFT-Kansas and the University disagree on the exclusion, the

University may petition PERB for a unit clarification order, and no change in unit status of any

employee shall occur until such an order is issued by PERB.

ARTICLE 3: Non-Discrimination

The employer acknowledges and understands that PEERA prohibits the employer from

discriminating or retaliating against any employee for exercising the rights granted to the employee

by PEERA.

The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex,

national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status,

parental status, gender identity, gender expression, and genetic information in the university's

programs and activities. Retaliation is also prohibited by university policy.

The following persons have been designated to handle inquiries regarding the non-discrimination

policies and are the Title IX coordinators for their respective campuses:

Executive Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1000

Sunnyside Avenue, Room 1082, Lawrence, KS, 66045, (785)864-6414, 711 TTY (for the

Lawrence, Edwards, Parsons, Yoder and Topeka campuses); Director, Equal Opportunity

Office, Mail Stop 7004, 4330 Shawnee Mission Parkway, Fairway, KS 66205, 913-588-8011,

711 TTY (for the Wichita, Salina, and Kansas City, Kansas, medical center campuses).

More information about the non-discrimination policy of KU can be found at:

http://policy.ku.edu/ioa/nondiscrimination

Information found at this link is non-binding.

It is agreed by the employee organization and the employer that, as governed by all pertinent

Federal and State law, University policies, and directives, there will be equal opportunity to

applicants for employment in the appropriate unit to secure and hold employment in any field or

work for which they are properly qualified, without discrimination on the basis of race, color,

ethnicity, religion, sex, national origin, age ancestry, disability, status as a veteran, sexual

orientation, marital status, parental status, gender identity, gender expression, and genetic

information.

ARTICLE 4: Union Rights

Section 1: Employee Rights

GTAs shall have the right to join and participate in the employee organization. In accordance with

state law, GTAs also shall have the right to refuse to join or participate in activities of the employee

organization.

Section 2: Dues Deduction

The employer agrees to deduct from regular payroll warrants of each GTA who has submitted a

written authorization-assignment, the appropriate AFT-Kansas membership dues in accordance

with procedures established by the University and the Division of Accounts and Reports.

Section 3: AFT-Kansas Representatives

Representatives of AFT-Kansas will be permitted to come on the employer's premises for the

purposes of investigating and discussing grievances or alleged violations of this agreement with the

appropriate AFT-Kansas officer, employer representative, and/or affected employee(s), only after

first notifying the director of Human Resource Management or the director's designee(s).

Representatives of AFT-Kansas will not meet with an employee during the employee's assigned

work times (including that employee's class periods and scheduled office hours) and will not meet

with an employee in an area in which the meeting is likely to cause disruption of the assigned work

of that or any other employee.

Section 4: Authorized Personnel

AFT-Kansas shall provide the employer with a current list of its representatives accredited by AFT-

Kansas. The employer shall provide AFT-Kansas with a current list, including work telephone

number, of the director of Human Resource Management and the director's designee(s).

Section 5: Campus Communication

The employee organization shall have the right to post union-related materials on bulletin boards

and other areas in accordance with University Policy relating to Posting of Materials and Sidewalk

Chalking:

https://policy.ku.edu/provost/posting-of-materials-and-sidewalk-chalking

The employee organization is responsible for timely removal of all union-sponsored materials

posted by the employee organization. The employee organization will provide copies of all

materials to be posted on bulletin boards to Human Resource Management.

Section 6: Notification of Representation

The appointment letter from Human Resources Management provided to each appointee shall

state, “The Graduate Teaching Assistants Coalition (GTAC), AFT Local 6403 has been certified by the

State of Kansas through the Public Employee Relations Board (PERB) as the exclusive union

representative of Graduate Teaching Assistants at the University of Kansas for the purpose of

meeting and conferring to negotiate conditions of employment and to resolve grievances and

disputes relating to conditions of employment, as provided in K.S.A. 75-4321, et seq. GTAC may be

contacted by calling 785-235-0262, by email at gtaunion@gmail.com, or online:

Website: www.gtaunion.org

Facebook Page: www.facebook.com/gtacKU

Facebook Group: www.facebook.com/groups/gtacunion

GTAC Slack: Contact gtacunion@gmail.com for access

Twitter: www.twitter.com/gtac_union

Section 6a: Teaching Conference and Campus Mailboxes

The University agrees to allow the employee organization to set-up an informational table in the

public area adjoining the registration area for the teaching conference for new GTA orientation

conducted by the Center for Teaching Excellence at the beginning of each semester, as well as thirty

(30) minutes of programming time during the new GTA Orientation for the purposes of discussing

GTA’s rights and responsibilities as KU employees. These 30 minutes will allow for a joint, brief

presentation by representatives of Human Resources, IOA and GTAC, with time evenly divided

amongst presenters, with each being permitted to present materials of their choosing, except as

prohibited by this section. A portion of the time shall be used to inform bargaining unit employees

of the collective meet and confer relationship between the University and GTAC and to discuss in

general terms the coverage and application of the MOA to the conditions of employment of

bargaining unit employees. During this time, GTAC may not solicit dues paying membership within

the employee organization. GTAC shall be permitted to direct workers to web or social media sites,

provide such other contact information to enable bargaining unit members to initiate contact with

the employee organization. GTAC shall also be permitted to announce the time, date and location of

an AFT-Kansas informational meeting.

Campus mailboxes are maintained for official University business. The employee organization will

provide the Associate Director of Human Resource Management / Director of Employee Relations

(or designee) copies of all materials to be placed directly into departmental mailboxes. No such

materials will reflect unfavorably on the University or any individual employees.

Section 6b: Access to Contract

The University agrees to annually and upon ratification of a revised Memorandum of Agreement

(MOA), notify all faculty and graduate teaching assistants of the location of the MOA on the home

page of Human Resource Management at

https://humanresources.ku.edu/document/gta-moa

If the University changes the location of the MOA, an email notification shall be sent to all faculty,

AFT-Kansas, and graduate teaching assistants with instructions to the new location.

Section 7: Union Use of Facilities

The University shall make University facilities available to the employee organization in accordance

with procedures contained in Guidelines for University Events and Registered Organizations as

amended from time to time by the University Events Committee. The guidelines are available to the

employee organization on the Student Involvement and Leadership Center website. The employee

organization agrees to comply with said Guidelines in its use of University facilities and in turn, will

have all rights and privileges conferred to student groups but is not required to register or operate

as a student group. If the Student Involvement and Leadership Center changes the location of the

guidelines, an email notification shall be sent to the employee organization with instructions to the

new location.

The University shall assign on-campus space-for use as meeting space by the employee

organization at no charge to the employee organization for a period of four (4) hours twice weekly

during scheduled class times for the purpose of meeting with workers regarding effective

maintenance of this agreement, at times mutually agreeable to the University and to the employee

organization. The employee organization shall schedule such needed meeting space and times

through the Office of Event Management and Protocol.

ARTICLE 4A: University Rights

The University and the Board of Regents retain and reserve all rights, powers, authority and

responsibility vested in them, whether exercised or not, to manage the University. This agreement

shall not limit, restrict or modify the right to manage, and all rights inherent therein, except as

expressly modified by the terms of this agreement. The right to manage shall include but not be

limited to the right to:

a. manage and direct the work of University employees;

b. hire, promote, demote, transfer, assign and retain employees in positions within the

University;

c. discipline, suspend, or discharge employees for proper cause;

d. maintain the efficiency of governmental operations;

e. relieve employees from duties or lay off employees because of lack of work, lack of

funds or for other legitimate reasons;

f. determine the methods, means and personnel by which operations are to be carried out

and determine the size and composition of the work force;

g. determine the mission and goals of the University and the method and means necessary

to fulfill the mission and goals, including the right to alter, curtail, or discontinue any

goal, service, or program;

h. establish reasonable work rules;

i. plan, govern, and control the University as permitted by law;

j. determine the financial policies and procedures of the University;

k. determine the control and use of University buildings, property, material and

equipment;

l. determine degree programs and requirements, course offerings and schedules,

standards and procedures for admission to programs, and all other academic standards,

policies and procedures;

m. operate the University in accordance with all applicable federal and state laws;

n. take all other actions as the University and the Board of Regents deem necessary to

carry out the mission of the University.

The foregoing enumeration of the management rights of the University shall not be determined to

exclude other rights granted by state or federal law or by the constitutions of Kansas or the United

States. Further, this agreement is not intended to supersede any subject controlled by state or

federal law, or to deny employees of the University of any rights afforded to them by statute except

as expressly waived by the terms of this agreement.

ARTICLE 5: Appointments

Section 1: Offer of Financial Support for Graduate Programs

After admittance to a graduate program, the department or school may provide a written offer of

financial support for the student’s academic program that may include information about an

appointment, initial class instruction assignment, faculty supervisor, mentor, and/or other

information relative to the department’s commitment to the level and duration of a student’s

support. The department or school will adhere to those statements of financial support, pursuant to

Section 2 of this article.

Nothing herein prohibits a department or school from offering multi-year financial support with the

appropriate approvals and in compliance with conditions specified by this agreement or other

applicable policies, for example other non-GTA student employment, fellowships, etc. The

department or school will adhere to the statement of financial support pursuant to Section 2 of this

article. If such is not the case, the GTA may invoke the grievance process as specified in Article 15 of

this agreement if the concerns relate to a GTA appointment.

Section 2: Term of Appointments.

GTA appointments shall be for a specified period, up to or less than one academic year (not

including summer courses), as determined by the department offering the appointment and as

stated in the offer letter from Human Resource Management, herein referred to as “offer letter”.

When making appointment decisions, departments will adhere to any written provisions for

financial support communicated to the student by the department at the time the student was

admitted for graduate study, provided that the individual has performed satisfactorily for any

previous GTA appointments, has met all requirements for holding a GTA appointment, and, as

determined by the department, it remains in the department's best interests to appoint the

individual.

Section 2a. Type & Lengths of Appointment

While appointments are normally for a semester or academic year as defined herein, some

appointments may also include responsibilities for instruction of non-standard dated courses,

which are also known as “short courses”.

Fall semester appointments begin on August 18th and Spring semester appointments begin on

January 1st. Short courses may occur within the Fall and/or Spring semester or between the end of

the Fall semester and the beginning of the Spring semester. Consecutive short course appointments

within an academic semester will be considered a semester appointment and treated accordingly,

as described in Section 10 of this Article and within Article 6 of this memorandum of agreement. In

the event of dispute of appointment type, the appointment dates listed in the offer letter shall

prevail.

Section 2b. Appointment Dates

Individuals who are being appointed as GTAs, regardless of whether the appointment is for an

academic year or a shorter period, shall begin work on the effective date of the appointment, unless

notified by the GTA's department of earlier required assignments. However, such assignments must

be reasonable in relation to the effective date of the appointment. Work requirements for each

semester (not including summer session) shall end on the deadline date for turning in course

grades. Student work, including assignments and exams, will be returned to the department within

thirty (30) days of the deadline.

Section 3: Compensation & Appointment Percentage

GTAs will be compensated at the rate identified for all courses taught based upon FTE and

appointment start and end dates as specified in the offer letter. Academic year compensation (not

including summer session) will be made pursuant to provisions of Article 6. Notwithstanding the

foregoing, nothing herein prohibits a department or school from providing additional

compensation, as determined by the department or school and based on available funding, for short

courses.

GTA appointments are considered salaried instructional positions. As such, compensation is based

on performance of job duties rather than hours worked. Meeting the responsibilities and required

conditions of employment is compensated as part of the GTA’s required job. Additional

compensation will not be provided for related duties that are part of the job responsibilities and

may occur before or after the start or end date of the appointment, e.g. attending New GTA

Orientation or conducting reasonable normal course preparation activities.

Appointments shall not normally exceed 50% or .50 FTE, with the expectation that the assigned

duties of the appointment will average no more than 20 hours per week during a semester,

including but not limited to in-class and office hours. For appointments at levels other than 50% or

.50 FTE, the number of hours per week will be proportional to the percentage of appointment. Any

combination of GTA appointments with a total FTE above 50% or .50 FTE must be approved and/or

monitored by the Office of Graduate Studies or the Dean's Office of the College of Liberal Arts and

Sciences as appropriate. Appointments above 50% will be approved on a semester-by-semester

basis. Appointment FTE for International GTAs will be limited pursuant to applicable federal law.

Section 4: Conditions for Holding GTA Appointments

No person shall hold an appointment as a GTA unless all the conditions of employment specified

herein are met:

a. During the term of appointment, the worker is admitted to and enrolled in a graduate

degree program offered by the University of Kansas.

b. During the term of appointment, the worker is enrolled in no fewer than six (6) graduate

credit hours per semester or other credit hours as required for the degree and as approved

by the Office of Graduate Studies or by the Dean's Office of the College of Liberal Arts and

Sciences as appropriate.

I. Enrollment & Medical Leave: However, should the worker be unable to enroll in six

(6) graduate or other approved hours for reasons of medical condition or other

hardship, that worker may, with supporting documentation and the approval of the

department of employment (and department of study in cases in which the two are

different), petition the Office of Graduate Studies Office or the Dean’s Office of the

College of Liberal Arts and Sciences as appropriate that this requirement be waived.

Final approval rests with the Office of Graduate Studies or the Dean’s Office of the

College of Liberal Arts and Sciences as appropriate.

II. Enrollment & Post Comps: Upon successful completion of the doctoral

comprehensive examination, all other Graduate Studies and departmental requirements

for candidacy to the doctoral degree, and upon completion of eighteen post-

comprehensive credit hours, the worker may enroll in one or more dissertation, thesis,

or equivalent credit hours as approved by the Office of Graduate Studies to qualify for a

Graduate Teaching Assistant appointment.

III. Short Course Appointments: During the term of appointment for short courses

between the Fall and Spring semesters, including summer sessions, the worker must be

active in a graduate degree program and must have been enrolled in at least one hour

during the Fall semester or Spring semester.

IV. Pedagogy Courses: During the entire period of employment within the unit, if a worker

is required to enroll in an orientation, training, and/or pedagogy course (hereafter

referred to as "pedagogy course”) for credit in order to hold an appointment the

University shall pay all tuition and campus fees regardless of the overall FTE of the

worker.

c. During the term of appointment, the worker is in good academic standing and making

satisfactory progress toward a graduate degree, as determined by the department in which

the GTA is enrolled and by the Dean's Office of the professional school or the College of

Liberal Arts and Sciences, as appropriate.

d. The worker has satisfied any and all English proficiency criteria established by the Regents

and/or the University.

e. During the term of the appointment, the worker’s assigned duties consist primarily of direct

involvement in classroom or laboratory instruction.

f. Any worker who has not previously served as a GTA at the University of Kansas or any

returning GTA who has been identified as needing to attend GTA orientation must

satisfactorily complete all components of orientation and training as specified in Section 8

of this article within timeframes established by the University.

g. The worker must successfully pass a background check as established by the University.

Departments may establish more stringent conditions for appointments, but the above shall be the

minimum mandatory conditions for holding a GTA appointment. If the University or a department

establishes more stringent employment conditions, these conditions shall not be the cause of

termination for employees whose current appointment began under previous conditions.

If, during the term of the appointment, a GTA fails to meet any of the above employment conditions,

the appointment may be terminated immediately or not renewed. Such terminations or non-

renewals are not grievable; however, they shall be subject to a factual review by the University, and

if the alleged failure is found to be in error, the GTA shall retain the appointment. The worker shall

seek such factual review from Human Resource Management, Director of Employee Relations, within 5

days after receiving notice of termination and may be represented by a GTAC representative as part

of that factual review. Notices of termination shall advise the terminated worker of their right to

seek a factual review of the termination decision in accordance with this Section and shall further

advise the worker of their right to seek representation of GTAC during such factual review

providing the worker with GTAC’s contact information. Thirty (30) days after the commencement

of the fall and spring semesters K.U. will provide GTAC with anonymized data regarding the number

of terminations made pursuant to this section.

Section 5: Appointment Process

Upon appointment to a specific position after processing is completed, each GTA will receive an

appointment letter from Human Resource Management which includes the following information:

a. date of letter,

b. appointment title/code,

c. appointing department,

d. appointment percentage/FTE,

e. appointment effective start and end dates,

f. reference to Human Resource Management URL for health insurance information,

g. reference to compliance with conditions of employment pursuant to this agreement,

h. biweekly gross salary rate, and

i. the statement referencing GTAC/AFT representation and this agreement, including the

GTAC URL, as outlined in Article 4 of this contract.

The appointee will be required to acknowledge acceptance of terms in the appointment letter by

electronic signature, along with all other necessary electronic and paper hiring documents before

the effective date of the appointment. Offer letters will be sent within a reasonable timeframe

relative to the effective date of the appointments.

Section 6: Limit on Number of Appointments

The employer and the union agree that the positions in this bargaining unit are designed to provide

employment in teaching to individuals seeking advanced degrees at the University of Kansas. As

such, these positions are not intended to be career employment, and are therefore subject to

limitations on their number of years' duration. The parties agree that limitations on the duration of

GTA appointments is a management right unilaterally established by the University administration.

The University acknowledges that graduate students begin advanced degree programs possessing

varying levels of undergraduate or graduate degrees. The Office of Graduate Studies will establish

time limitations on GTA appointments and articulate those limitations in the University’s policy

library:

http://policy.ku.edu/graduate-studies/appointment-limit-GTA

Any department chair may seek a waiver of University-established limitations by submitting a

written petition, with endorsement by the Dean’s office of the appropriate professional school or

the College of Liberal Arts and Sciences, to the Dean of Graduate Studies. Petitions must include an

explanation of the circumstances under which the waiver is being requested. Appointment on a

semester-by-semester basis as a lecturer, if eligible, may also be offered in these circumstances.

Section 7: Performance of Duties as Instructed

GTAs shall perform duties in accordance with the instructions of supervisors, departments, and/or

schools and in adherence to University and Board of Regents policies. General instructions shall be

reduced to writing and provided to the GTA at least five (5) week days in advance of the first

meeting of the assigned class, or given orally, then reduced to writing, and provided to the GTA

within a reasonable time thereafter. When required, GTAs shall adhere to departmentally approved

course outlines or syllabi, shall use the approved texts and other instructional materials, shall meet

with supervisors upon request, shall maintain office hours, and shall administer tests or other

graded activities in accordance with instructions of the GTA’s supervisor, department or school.

GTAs shall hold classes at the assigned times and places. GTAs shall grade class materials and

submit grades in accordance with department and University policies and instructions. All absences

from assigned classes must be submitted in advance for approval by the department (other than for

illness or emergency situations, in which case the

GTA must provide a written explanation to the supervisor) and arrangements must be made for the

class to be covered in accordance with the departmental policies.

The University agrees to provide AFT-Kansas with a copy of new policies and with changes to

existing policies that are promulgated by the Office of the Provost and Executive Vice Chancellor

regarding GTA benefits as described in Article 7, eligibility for GTA appointments, and hours and

wages prior to the implementation of the policy or change. For State and Board of Regents new

policies or changes regarding GTA benefits as described in Article 7, eligibility for GTA

appointments, and hours and wages, notice will be provided within fourteen (14) calendar days of

the University implementation, whenever possible.

Section 8: Orientation & Training

New GTAs shall be required to attend all orientation and training sessions designated as mandatory

by either the University or by the school or department in which the GTA is appointed. New GTA

Orientation must be completed during the GTA’s first semester of teaching or at the time designated

by the Office of Graduate Studies. Attendance at such sessions shall be part of the GTA's assigned

duties and be included in appointment compensation as described in Section 3 of this article and at

the compensation rate described in Article 6. If GTAs are required by departments to enroll in an

orientation and/or a training course for credit in order to hold GTA positions, the University shall

pay all tuition and campus fees for one such required course per GTA, but the time spent in class

and in doing work for the course for credit shall not be considered part of the GTAs' assigned

duties.

Section 9: Evaluation

GTAs shall obtain course evaluations from students enrolled in their courses in accordance with

department, school, University and/or Regents policies or requirements.

Each department or school shall evaluate its GTAs each semester using a method to be determined by

the school or department. As deemed appropriate by the department, the method may be as informal

as one-on-one meetings with the appropriate supervisor or reviews of student course evaluation

results or may be more formal and structured. Such evaluations shall be based on the performance of

duties communicated to the GTA in accordance with Section 7 of this article and upon adherence to

applicable published University and Board of Regents policies. If a written evaluation is used, the GTA

shall receive a copy of the evaluation. Each GTA shall receive a formal, written evaluation at least once

during employment as a GTA. Criteria under which the GTA will be evaluated and method of

evaluation shall not be subject to grievance under any grievance or appeal procedure established in

this agreement or under any other grievance or appeal procedure available within the University. A

GTA who asserts that the evaluation was based on factors other than performance of duties and

adherence to applicable published University and Board of Regents policies or if the evaluation has an

overall rating of unsatisfactory may grieve and/or appeal the results under the grievance procedure

established within this agreement.

Section 10: Termination of Appointment for Enrollment or Fiscal Reasons

Notwithstanding the provisions of Section 3, the provisions in this section do not apply to summer or

short courses between the Fall and Spring semester. GTA appointments for summer and short

courses between the Fall and Spring semesters may be terminated at any time, for any reason, and

shall not be subject to review or appeal under any grievance or appeal procedure established in this

agreement or by any University rule, regulation, or policy.

If, in the judgment of the department, school, or University, enrollments are insufficient to justify

offering a section of a semester course or short course to which a GTA has been assigned, the

University may reassign the GTA to other appropriate duties for the semester and may reduce or

terminate the GTA's appointment at the end of the semester or short course for which the semester

course cancellation occurred.

A GTA's position may be funded from a source other than the State of Kansas, from revenues

generated within the program in which the GTA works, and/or from other sources. If in the

judgement of the University, the funding is no longer available for the GTA position, the University

may reduce or terminate the GTA's appointment at the end of the semester or short course for

which funding is no longer available.

If a GTA's appointment is terminated for any of the reasons listed above, the termination shall not

be subject to review or appeal under any grievance or appeal procedure established in this

agreement or by any University rule, regulation or policy. In such cases, the GTA will be given

reasonable notice in advance of the effective date of the termination. GTAC, AFT-Kansas will be

provided a report of the number of GTA terminations for the reasons specified in this section of the

MOA, upon request.

GTAs who have signed an offer letter, and subsequently have the appointment canceled as provided

above, shall receive wages, tuition, and campus fee waiver for the semester or short course in which

the termination occurred but no subsequent semesters or short course, as provided in this

Memorandum of Agreement.

Section 11: Approved Medical Leave & Return to Work

GTAs with a medical condition that necessitates an absence of more than a week from assigned

responsibilities shall request unpaid leave with appropriate medical documentation. Such unpaid

leave of absence shall be requested in writing from the department/school by the GTA or a

representative in advance of taking the leave, unless the illness or injury precludes advance notice.

The request for leave without pay must be reviewed and approved by the department/school, the

Office of Graduate Studies, and by Human Resource Management before being granted, but approval

shall not be withheld if appropriate supporting medical documentation is provided. If additional

documentation is needed, the GTA or authorized representative from the department/school will be

notified and given reasonable time to provide the documentation. Failure to request a leave of

absence or to have a leave of absence approved according to this provision shall result in the

placement of the GTA on leave without pay or the termination of the GTA's appointment. Failure of

the GTA to return to work from an approved leave of absence within the timeframe specified by the

University shall result in termination. Such terminations shall be subject to review or appeal under

the grievance procedure established in this agreement. If it is medically impossible for the GTA to

request a leave of absence or to have a leave of absence approved according to this provision, the GTA

will be placed on leave without pay until a final determination is made regarding the GTA's medical

status. An employee on an unpaid leave of absence may return to work prior to the expiration of the

leave only upon receiving approval of the immediate supervisor and the department and after

providing a release to return to work from the GTA’s health care provider. Such leave shall not extend

the duration of an employee's appointment.

Section 12: Procedure for Work Beyond Appointed Hours

a. For purposes of this section an inability to complete work within appointed hours shall be

defined consistent with Art. 5, Sec. 3 above, meaning that the assigned duties will average no

more than 20 hours per week. In the case that a worker should be unable to complete assigned

work within the contracted hours of the worker's appointment, the following procedure shall

apply:

i. The worker will contact their immediate supervisor and department chair with

their concerns. The supervisor and department chair shall respond within five (5) business

days detailing expectations and the prioritization of assigned duties.

ii. If the worker identifies an inability to complete assigned work within contracted

hours a second time within the same course, the worker shall notify the appropriate

department chair, their supervisor and HRM. A meeting, or other communication, shall be

conducted for the purpose of adjusting work duties to fit within contracted hours.

iii. In the event of a demonstrated inability to complete work within appointed hours

resulting in remedial action following exhaustion of steps i. and ii. above, if the issue

persists, the worker shall be entitled to file a level 2 grievance to the department chair. The

worker is also permitted to cease performing those assigned duties which are non-essential

to classroom instruction which result in the worker working beyond their appointed hours.

In the event of a cessation of assigned duties, the worker shall advise their supervisor,

department chair and HRM at least three (3) business days prior to cessation of such duties.

Human Resource Management will be consulted by the department chair and/or

supervisor.

iv. For departments that repeatedly (more than one worker in a semester) have

workers with a demonstrated inability to complete work within appointed hours, a plan of

action will be instituted between the department, associated college or school, the Office of

Graduate Studies, HRM and the employee organization to align employment obligations

with the contractual requirements. When a plan of action is created, the employee

organization will be granted access to such plan. Plans to enforce departmental compliance

with contractual working limits must be implemented no later than the semester after the

workers identified their inability to complete work within their assigned hours. An agreed

upon plan of action shall resolve any pending grievances by workers within the identified

department brought pursuant to subsection iii. above.

ARTICLE 6: Wages

Section 1:

The University shall establish for the University's GTAs a merit salary pool when funds are available with at

least the same percent average increase as that provided to University faculty unless the Legislature

imposes specific restrictions or limitations on expenditures for GTA salaries. The merit pool is determined

by taking all budgeted GTA salaries times at least the average faculty percent increase stated above. The

merit increase received by any individual returning GTA will be based on the provisions of Section 2 below

and on the previous evaluation of performance for that GTA. During times of budgetary constraints, GTAs

with active appointments will not be subject to furlough or salary reductions.

Section 2:

Except as provided for in Section 3, any salary increases provided to GTAs will be provided on a merit basis

rather than an across-the-board basis. A GTA whose appointment is renewed within the same department

in which the GTA taught the previous semester (excluding summer sessions), will be deemed to have

performed at a level sufficiently meritorious to entitle the GTA to two- thirds of the average percent merit

pool allocated by the University. Additional merit salary increases may be made at the discretion of the

department, acting within the budget parameters provided to the department by the University, based

upon its evaluation of the GTA's performance.

If, after addition of the departmental recommendation for merit, the salary for an individual GTA falls below

the minimum amount, the GTA's salary will be increased to the minimum amount stated in Section 3, below

and paid at a biweekly rate. The funds for bringing GTAs up to the minimum amount will be taken from a

source other than the merit salary pool.

Section 3: Base Minimum Salary.

Each GTA with an appointment of 50% for the academic year will have a base minimum salary that is paid

at a biweekly rate in accordance with the following schedule during the academic year, beginning the first

pay period after the ratification of this agreement:

a. Academic Year 2021-2022: $17,750.00

b. Academic Year 2022-2023: $18,650.00

Each GTA with an appointment of less than or greater than 50% and/or less than an academic year will be

paid on a pro-rata basis of the minimum amount. Nothing in this section prohibits the University from

paying a GTA salary above these minimum amounts.

Section 4: Compensation for Returning GTAs Compensated Above the Minimum.

a. Academic Year 2022-2023: GTAs who are re-appointed in AY22-23 after having completed a

GTA appointment in AY21-22 who were compensated at a salary for AY21-22 above the base

minimum salary identified in Section 3 above shall receive a salary increase from their AY21-22

salary rate of five percent (5%) in AY22-23. Any such increase shall be implemented effective

August 18, 2022. This increase for AY22-23 is the extent of the salary rate increase which

returning GTAs are eligible to receive. Returning GTAs are not eligible for additional merit

increases for AY22-23 as would otherwise be provided for within Sections 1 and 2 of this Article 6.

Section 5: MOA Compensation Rights Exclusive for GTAs.

The sole and exclusive source of any contractual or other legal right to compensation for GTAs

during the term of this Agreement shall be those rights as stated within this Article 6 and within

this MOA. GTAs have no legal right to participate in any general merit pool or any across the

board increases made generally available to University employees other than those rights as

specifically defined in this Article 6.

ARTICLE 7: Benefits

Section 1: Healthcare Benefits

The University will provide to the GTAs the optional student health insurance program as

authorized by and subject to the conditions or restrictions established by the Kansas Board of

Regents (KBOR).

http://www.kansasregents.org/students/student_health_insurance

http://www.humanresources.ku.edu/graduate-student-health-insurance

AFT-Kansas will be offered membership for a GTA on the campus University Advisory

Subcommittee as specified in the KBOR Student Insurance Advisory Committee (SIAC) Charter.

https://www.kansasregents.org/resources/PDF/584-SIACcharterJune2007.pdf

International, non-citizen GTAs as defined in KBOR rules and regulations, are required to

participate in the student health insurance program or to provide proof of alternate health

insurance.

https://www.kansasregents.org/about/policies-by-laws-

missions/board_policy_manual_2/chapter_ii_governance_state_universities_2/chapter_ii_f

ull_text#health

If eligible under the provisions of the Affordable Care Act, GTAs will be offered the State

Employee Health Plan (SEHP).

http://humanresources.ku.edu/health-overview

Section 2. Payment of GTA Campus Fees by the University

The University shall pay GTAs' required campus fees for three credit hours per semester in

accordance with the table and restrictions set forth herein.

Percentage Appointment Percentage of Campus Fees for three credit hours paid by

University

40 to 50% 100%

30% but less than 40% 75%

20% but less than 30% 50%

10% but less than 20% 25%

Section 3: Tuition Waiver

Section 3a. Payment of GTA Tuition by the University

The University shall pay GTAs' tuition to attend the University of Kansas each semester as follows:

Percentage Appointment Percentage of Tuition paid by University

40 to 50% 100%

30% but less than 40% 75%

20% but less than 30% 50%

10% but less than 20% 25%

Section 3b: Restriction for Online Courses

The payment of GTA's campus fees does not apply to courses taken in programs that are

designated as being fully online in the University's Comprehensive Fee Schedule, the Online

Tuition and Fees section and as reflected at:

https://registrar.ku.edu/comprehensive-fee-schedule

http://classes.ku.edu

A GTA may request an exception for payment of the tuition from the Office of Graduate Studies in

advance of enrollment in such courses. If the exception is approved by the Office of Graduate

Studies, the University may provide partial payment toward the tuition costs associated with

online courses. The amount of this payment will be communicated at the time the exception is

approved.

Section 3c: Staff Rates for Tuition

Staff rates shall be assessed to GTAs first, in accordance with the University’s Staff and Staff

Dependent Tuition Rates policy before applying the tuition waiver.

http://policy.ku.edu/registrar/staff-tuition-rates#GTA

GTAs must pay required campus fees (except that portion that the University pays in accordance

with Section 2 above) and any applicable off-campus area service fees in full.

If, for any reason, a GTA resigns or abandons a position during the semester, or the appointment is

terminated for cause during the semester, the GTA shall be required to pay resident or non-

resident tuition and fees for that semester, as appropriate given the GTA's residence status as a

student who does not hold a GTA appointment. Termination of appointments for enrollment or

fiscal reasons shall be handled in accordance with Article 5, Section 10 of this agreement.

ARTICLE 8: Access to Resources

Section 1: Instructional Materials

The University recognizes that appropriate resources and an adequate work environment,

including basic office supplies and materials, are necessary for the performance of job

responsibilities. Units will provide free of charge to GTAs resources comparable to those available

to other employees for performing assigned work activities, including but not limited to:

a. a copying machine;

b. access to an Internet-enabled computer with printing capability;

c. access to adequate software;

d. office space;

e. physical mailbox space; and

f. access to a device(s) for individual and conference communication.

Units and/or faculty members will make arrangements for GTAs to obtain classroom texts when

GTAs assist faculty instructors or record or teach pre-planned courses. GTAs responsible for

designing their own courses are to secure their own classroom texts. Any instructional materials

required by the unit for a course taught by a GTA will be provided or made available free of charge

to the GTA.

GTAs will be afforded the use of University facilities based on applicable University policies and

practices, including for example libraries and recreation centers. Information about some of those

services can be found at the links noted below; such information is non-binding.

Libraries Services

http://policy.ku.edu/office/libraries/sservices-graduate-students

http://policy.ku.edu/office/libraries/access-requirements-ku

Recreations Services

https://recreation.ku.edu/rates-0

https://recreation.ku.edu/faqs-membership

GTAs will comply with applicable University and unit policies and practices related to the use of

University resources and facilities.

Section 2: Transportation

As determined by KU and Lawrence Transit, KU students, faculty, and staff can ride KU and

Lawrence transit buses free by showing KU ID Cards upon boarding. Information about utilizing

bus transportation provided by KU on Wheels and Lawrence Transit is available at:

http://lawrencetransit.org

Information about parking permits is available on the Parking and Transit website:

http://parking.ku.edu/students

Parking and Transit invites members of the campus community to open forums during the

academic year to describe any changes.

ARTICLE 9: Professional Development

Section 1: Employee Training

The University recognizes the value of providing both pedagogical and other training

opportunities for new and returning GTAs. The Center for Teaching Excellence staff will inform

GTAs of the training for the semester offered by that office.

They will also provide available information about other campus training opportunities.

In addition to the required orientation and trainings described in Article 5, new GTAs are required

to complete the University’s Sexual Harassment training as soon as possible after initial

employment. Returning GTAs are required to complete the training annually. Sexual Harassment

training shall include information about mandatory reporting requirements and procedures and

Title IX compliance.

GTAs are strongly encouraged to complete additional trainings related to diversity, inclusion,

safety, and informational topics listed below. New GTAs are encouraged to complete as much

training as possible during the first semester of employment. Release time during the academic

year will be provided for training completed during the work day.

Office of Multicultural Affairs: Diversity & Social Justice Training

https://oma.ku.edu/diversity-social-justice-trainings

Center for Sexuality and Gender Diversity

https://sgd.ku.edu

SafeZone Training

https://sgd.ku.edu/safe-zone-training

Sexual Assault Prevention and Education Center Educational Programs

http://sapec.ku.edu/educational-programs

Public Safety Office: Stay Safe Videos

https://publicsafety.ku.edu

Blackboard

https://blackboard.ku.edu

Teaching & Learning Services

https://technology.ku.edu/services/teaching-learning

Classroom & Department Technology

https://technology.ku.edu/services/classroom-departmental-technology

Section 2: Support for Research

University departments within the parameters of their budgets and at their discretion may

provide funding for the professional development of GTAs and other graduate students related to

the degree completion within the academic program in which the GTA or other graduate students

are enrolled. Funding may be used to cover costs associated with professional development

opportunities, including but not limited to: conference registration and/or travel; research related

expenses and/or travel; research related to degree completion; and licensing and qualifying exams

related to degree completion. Additional funds for these purposes may be made available by the

Office of Graduate Studies and may be secured through an application and proposal process.

GTAs attending conferences and other professional development events that require travel may

request and be given paid release time from work during the academic year. Such requests will be

made to the GTA’s department and cannot be arbitrarily denied. Examples of denials are as

follows: if the travel will impede academic progress; if the travel is not applicable to their field of

study; and/or if sufficient arrangements are not made for work coverage in accordance with

department policies.

GTAs may request an unpaid leave of absence for a semester or an academic year to pursue

research related to the academic program. Such leave is subject to advance approval by the

University and the GTA's department. The GTA’s employment relationship of being on leave

without pay is subject to applicable University policies.

Section 3: Health and Safety

Section 3a: Work Assignment Adjustments and Leave without Pay

GTAs may experience personal or familial obligations and may request work assignment

adjustments from the department chairperson or unit director, as described in the offe r letter, to

address those issues. The GTA should make such requests to the department chairperson or unit

director with as much advance notice as possible, except in emergency situations. The department

chairperson or unit director shall not arbitrarily deny making such work assignment adjustments.

With as much advance notice as possible, except in emergency situations, GTAs may also request

leave without pay from the department chairperson or unit director pursuant to Article 5, Section

11 of this agreement. The University’s Academic Accommodation for New Parents policy provides

for academic adjustments.

http://policy.ku.edu/kulc-academic-accommodation-new-parents

Section 3b: Classroom Coverage

If a GTA’s work assignment adjustment involves classroom instruction, the GTA will be

responsible for arranging coverage to meet the instructional responsibilities according to

departmental practice. The GTA may request assistance from the department chairperson or unit

director as needed. The GTA will assume normal responsibilities after the work assignment

adjustment ends.

Section 3c: Support for Nursing Parents, Childcare, and Gender Inclusive Bathrooms

University policy outlines Lactation Support for Nursing Mothers and a list of campus lactation

rooms is also available.

http://policy.ku.edu/human-resources/lactation-support-

for-nursing-mothers

http://emilytaylorcenter.ku.edu/lactation-stations

Hilltop Day Child Development Center offers campus child care while some centers of the Life

Span Institute provide services for children with limitations.

http://hilltop.ku.edu/

http://www.lsi.ku.edu/centers

In addition to these services, the University agrees to partner with the Student Senate in

supporting the Educational Opportunity Fund Child Care Grant. The University will commit

matching funds, if available as determined by the University, up to a maximum of $60,000.00 per

academic year. These funds will be allocated upon depletion of the Senate funds during the

academic year. Information about the grant can be found here:

http://policy.ku.edu/financial-aid-scholarships/childcare-grants

The University provides a listing of gender-inclusive bathrooms on campus and continues to

establish such bathrooms as resources allow.

https://silc.ku.edu/gender-neutral-restrooms

ARTICLE 10: Union Access to Information

Section 1: Unit List

By the first day of class each fall and spring semester and on the thirtieth calendar day after the

first day of class, the University shall provide the employee organization with a list in electronic

form containing the following information for all unit workers, less those whose have exercised

rights granted by the Family Educational Rights and Privacy Act:

a. Name;

b. All mailing and local addresses on file;

c. KU e-mail address;

d. First hire date / length of service;

e. Start and end dates of their current contract;

f. Full Time Equivalent percentage; and,

g. Biweekly gross salary rate.

The University shall additionally provide an anonymized, aggregate report to include a breakdown

of workers by:

a. Resident, Out of State Domestic, or International status

b. Reported race / ethnicity

c. Reported gender

d. Enrollment status in health insurance through the University and/or the State of Kansas

The Department of Human Resource Management shall provide this list and the anonymized,

aggregate report to the employee organization at no cost to the employee organization.

Section 2: Obligations to Provide Lists

Neither the Regents, the University, any department of the University, nor any employee of the

University shall have any obligation to provide any compilation or list of names and addresses or

telephone numbers of GTAs to the employee organization or any unit member other than the list

described above, except as provided by law and University policy.

Section 3:Information Requests

If the employee organization desires additional information from the employer, it shall request

such information in a written request directed to the Associate Director of Human Resource

Management / Director of Employee Relations. If the requested information is contained in a

record, which is an open record as defined in the Kansas Open Records Act, the employee

organization shall pay the University's approved charge for accessing, compiling, and copying

open records, prior to receiving the requested information. If the University determines that the

requested information is not an open record, and/or determines that it does not desire to provide

the information to the employee organization, the University shall notify the employee

organization of that determination, and, if the employee organization still believes that it is

entitled to receive the requested information, it shall have the right to pursue remedies provided

by law to seek disclosure of the information.

ARTICLE 11: No Interference

Section 1: Work Time

GTAs shall not conduct any AFT-Kansas activity or business during work time or in the workplace,

except as specifically authorized by the provisions of this agreement.

Section 2: Equipment & Materials

State equipment and materials shall be used only for official state business and shall not be used

for AFT-Kansas business or activities.

ARTICLE 12: Personnel Files

Section 1:

All personnel files and records are the property of the University.

Section 2:

GTAs' official personnel files shall be maintained in the department or school in

which they work.

Section 3:

Written documents will not be used in terminations of appointment or suspensions without pay

unless they are contained in the GTA's official personnel file and either contain the employee's

initials as evidence of the employee's acknowledgment of the document's existence or evidence

that presentation of the document was attempted.

Section 4:

Upon written request, a GTA shall, within a reasonable time and in the presence of a designated

management representative, have the opportunity to review and/or copy his or her official

personnel file. However, GTAs shall not be entitled to review or copy any confidential letters or

material, including, but not limited to, letters of reference or recommendations for awards.

ARTICLE 14: Disciplinary Action

Section 1. Progressive Discipline

The University supports the philosophy of progressive discipline to address performance-related

issues, misconduct, violation of established policies and/or procedures, and/or other cause by

taking appropriate levels of corrective measures through the applicable evaluation or disciplinary

processes.

The University may initiate disciplinary action against a GTA for conduct or performance related

issues at any time during the term of the GTA's employment. These issues may result in

counseling and/or formal disciplinary action which shall be accomplished through the evaluation

process contained in this agreement and/or through a letter of disciplinary action. The results of

an unsatisfactory evaluation may be appealed in accordance with the terms contained in Article 5,

Section 7 and Article 15 of this agreement.

Within the process of disciplinary action, progressive discipline is encouraged but not required;

however, the University shall apply the least severe discipline possible, as determined by the

University, which fits the offense and will reasonably accomplish the desi red alteration of conduct

or performance. Progressive disciplinary action can include:

a. counseling,

b. a written reprimand,

c. suspension without pay, or

d. dismissal/termination of appointment.

Section 1a: Counseling

Counseling should generally precede formal disciplinary actions, except in more serious

circumstances, as determined by the University. Counseling consists of a meeting between the

GTA and the supervisor wherein they discuss the nature of the issue(s), improvement strategies,

and target improvement dates if immediate action is not required. The supervisor will send an

email to the GTA documenting the discussion. If email is used as communication, the University

email address shall be used. The GTA may reply to the email, which should be maintained by the

supervisor. Adequate time should be allotted for improvement(s) to occur, as determined by the

University, and follow-up may occur to ensure that performance or conduct has improved, and/or

the issue has not reoccurred.

If the issue(s) persist, the University may decide on additional counseling or may escalate to

formal disciplinary action as defined herein. Depending on the circumstances, the GTA may be

disciplined without prior counseling or disciplinary action. Counseling is not subject to review or

appeal under any grievance or appeal procedure established in this agreement or by any

University rule, regulation, or policy. However, the GTA may reply with a responsive statement,

which shall be held with the documentation maintained by the supervisor.

Section 1b: Formal Disciplinary Action

Work history, legitimate mitigating circumstances as determined by the University, and the nature

and/or pattern of the misconduct or performance-related issues, and other relevant factors shall

be taken into consideration when determining the appropriate formal disciplinary action. Formal

disciplinary action should be accomplished as provided herein and may include the evaluation

process and/or a letter/document of disciplinary action. Formal disciplinary action shall include:

a. a written reprimand,

b. suspension without pay, or

c. dismissal/termination of appointment.

Written notice of disciplinary action shall be delivered to the GTA’s University email and by US

mail with delivery confirmation to the address on file in the University’s HR/Pay system. This

notice shall include the following:

a. the reason for the disciplinary action, i.e., the alleged facts and circumstances giving rise to

the discipline,

b. the disciplinary action being taken,

c. the effective date of the action,

d. a statement of the GTA’s status during the notice period until the matter is resolved, e.g.

whether their job duties have been reassigned, referring to the supervisor for details of

any reassigned duties,

e. a deadline by which to respond that is consistent with the provisions of the agreement,

f. a statement referencing grievance rights pursuant to Article 15 of this agreement,

including the URLs for this agreement and AFT-Kansas/GTAC.

ARTICLE 14: Grievance Procedure

Section 1:

A "grievance" is defined as a statement of dissatisfaction by a public employee, supervisory

employee, employee organization or a public employer concerning interpretation of a

memorandum of agreement or traditional work practice.

Section 2:

As used in this article, "days" are defined as those week days during which classes are in session or

regularly scheduled final exams are being conducted at the University, including summer sessions.

Section 3:

During the pendency of a grievance, the grievant shall fulfill all assigned duties and

responsibilities, unless directed otherwise by the University. This provision shall not apply to a

cessation of work beyond contracted hours as provided for within Art. 5 Sec. 12.

Section 4:

This grievance procedure is intended to serve as a cooperative problem-solving mechanism for

disputes in the administration of this memorandum of agreement. This grievance procedure, and

subsequent legal appeals from such administrative decisions, shall be the sole and exclusive

remedy for adjustment of any grievance arising from the application or interpretation of this

agreement. Where a matter within the scope of this grievance procedure is alleged to be both a

grievance and a prohibited practice under the jurisdiction of the Public Employee Relations Board,

the GTA and/or GTAC/AFT Kansas may elect to pursue the matter under either the grievance

procedure herein provided or by action before the Kansas Public Employer-Employee Relations

Board. The election of either procedure shall constitute a binding remedy chosen and waiver of

the alternative remedy. If, during the pendency of a grievance, all or part of the grievance becomes

the subject of a federal, state, university or local law enforcement investigation or proceeding, or is

the subject of an OCR investigation, the University, at its discretion, may elect to suspend the

grievance proceeding until such time as the law enforcement investigation or proceeding is

completed.

Section 5:

The parties may mutually agree to extend the deadlines established herein. The party seeking to

extend the deadline shall request such an extension at least 24 hours in advance of the scheduled

event. The request shall describe the length of the extension sought and a brief explanation of the

reason. Requests for extensions may be made via telephone, electronic mail, U.S. mail, or in person

and shall be made to the appropriate supervisory employee or the grievant and/or representative

of the employee organization. Requests for extensions shall not be unreasonably denied. The party

requesting the extension shall forward written confirmation of the request for and receipt of the

extension to the appropriate supervisory employee or grievant with a copy provided to the

Director of Employee Relations.

Section 6: Procedure

A formal grievance may be filed by the University, an individual member of the bargaining unit, a

group of bargaining unit members, or the employee organization. Parties to the grievance are

permitted representation. If the respondent is the subject of the grievance, the respondent will

self-recuse, and the grievant may skip to the next level in the grievance process. For purposes of

self-recusal, a respondent shall not be considered to be a subject of a grievance merely because

the respondent rendered a decision which is being challenged. Self-recusal should be based upon

allegations of misconduct or malfeasance by the respondent. Failure to pursue the grievance at any

level of the procedure within the appropriate timelines, and any agreed upon extensions, shall be

considered a waiver of the right to proceed to any other step of the grievance procedure. Individuals

requiring an accommodation in the processing of a grievance should contact the University’s ADA

Resource Center for Equity and Accessibility.

Section 6a: Representation

GTAC will provide a copy of all formal (Level 2) grievances to the University’s Director of

Employee Relations (or other University designee) by electronic mail at the time the grievance is

initiated. If an individual unit member chooses non-GTAC representation, the University shall

notify GTAC of the grievance as well as all formal proceedings, and a certified GTAC representative

may attend all formal grievance meetings with advance agreement of the grievant. GTAC will be

provided with all University responses to formal grievance steps. Agreements between

individuals and the University to which GTAC is not a party will not establish precedent for

purposes of determining of established past practice claims concerning a mandatory subject of

bargaining..

Section 6b: Exclusions

Allegations of harassment, discrimination, Title IX violations, sexual misconduct, sexual violence,

and/or retaliation related to such allegations must be reported to the KU Office of Civil Rights and

Title IX (OCR hereafter)and are not covered by these grievance procedures. Instead, those

complaints will be addressed within the OCR complaint process:

https://civilrights.ku.edu/complaint-process-overview

For the purposes of this provision, the terms “harassment”, “discrimination”, and “retaliation” shall

mean those acts prohibited by Title VII, Title IX, other applicable federal and state laws, and as

otherwise detailed in University policy. The OCR’s jurisdiction does not extend to grievances on the

basis of union membership status, union activity, or the exercise of rights under this agreement,

including the filing of a grievance, or participation in the grievance procedure. If a grievant pursues

a claim under these other jurisdictions and is denied on the basis of jurisdiction, a grievant may

pursue a claim through the grievance process. The effective date of the circumstances giving rise to

the grievance shall be the date the grievant received notice of said denial from the appropriate

office(s).

Section 6c: Steps of the Grievance Procedure

The grievance procedure consists of the formal and informal levels as noted below:

Level 1. Informal, Optional Discussion with the Chair/Director of Department

Level 2. Formal Written Grievance to Chair/Director of Department

Level 3. Formal Written Grievance to Dean of the School

Level 4: Mediation

Level 5: Formal Written Grievance to the Grievance Resolution Committee

Level 6: Vice Provost Review

Level 7: Judicial Review

Level 1: Informal, Optional Discussion with the Chair/Director

Prior to filing a formal grievance and within ten (10) days of the date on which the grievant

became aware or could reasonably have been aware of the circumstances giving rise to the

grievance, the grieving party should meet informally with a chair/director of the department in

which the circumstances arose to discuss and attempt to resolve the concern without a formal

grievance. If the grievance is unresolved, the grievant will, within five (5) days of that meeting,

determine whether to proceed to the next step of the formal grievance procedure, as outlined

below. The grievant may also proceed to the next level if an agreed upon resolution does not occur

as specified.

If the grievance relates to disciplinary action, as defined in Article 14 of this memorandum of

agreement, the grievant shall skip Levels 1 and 2 proceed directly to Level 3, and the event giving

rise to the grievance is deemed to be the date of the disciplinary action notice by attempted

delivery via US mail with delivery confirmation to the address on file in the University’s HR/Pay

system.

Chairs/directors of departments have no authority to grant any remedy which grants any rights

external to an individual grievant’s departmental rights. Grievances requesting remedial action

beyond an individual grievant’s departmental rights should be initiated at Level 3.

Level 2: Formal Grievance to Chair/Director

To file a formal grievance, the grieving party shall, within five (5) days of the completion of Level

1, submit a written grievance to the chair/director of the department in which the circumstances

arose. If an informal meeting did not occur, the grievant will submit the written grievance within

ten (10) days of the date on which the grievant became aware or could reasonably have been

aware of the circumstances giving rise to the grievance. The written grievance shall include a

description of the issue with supporting facts, the date, a summary of any informal meeting if such

a meeting occurred, and the resolution sought.

The parties to the grievance may meet to discuss a resolution. The chair/director shall

respond in writing to the grievant and GTAC within five (5) days of its receipt. The

written response to the grievant and the Union will either grant, deny, or modify the

resolution sought, and provide a reasonable timeframe to complete the resolution. If

the resolution is not acceptable, is not completed within the time specified, or if the

chair/director of the unit fails to respond, the grievant may proceed to Step 3 of this

procedure.

Level 3: Formal Grievance to Dean

If the grievance is not satisfactorily resolved in Level 2 or if the grievant receives no response

from the chair/director by the response deadline, the grievant may within ten (10) days of the

Level 2 response or resolution deadline submit the grievance, as described in Level 1, to the dean

of the school. This grievance should include all written components as described under Level 2 as

well as a description of what happened at Level 2 to prompt escalation. The parties to the

grievance may meet to discuss a resolution. No later than ten (10) days after the receipt of the

notice from the aggrieved, the dean of school shall provide a written response to the grievant

either granting, denying, or modifying the resolution sought, and providing a reasonable

timeframe to complete the resolution.

Level 4: Mediation

If the grievance is not satisfactorily resolved in Level 3 or if the grievant receives no response

from the dean, the grievant shall within ten (10) days of the Level 3 response or resolution

deadline submit a request to move the grievance to Level 4, which shall consist of meditation

conducted by the Federal Mediation and Conciliation Service. The parties shall endeavor to

schedule the mediation with the FMCS within 21 days of the date of the appeal provided for in this

step.

Level 5: Formal Grievance to the GTA Grievance Resolution Committee

GTA GRC Composition

The University and GTAC shall annually select a standing GTA Grievance Resolution Committee

(GTA GRC or GRC). GRC members may serve more than one year. The GRC will be comprised of:

a. Two (2) Law School faculty members (as appointed by the FacEx from recommendations

by the Dean of Law School)

b. Two (2) faculty members who have active Graduate Faculty privileges to serve on

master’s and doctoral committees (appointed by the Faculty Executive Committee, FacEx)

c. Two University staff members within Human Resources Management or staff selected by

HRM with significant human resources or supervisory experience (“Staff Member”). Such

appointed Staff Member shall not otherwise be involved in the processing of the grievance

being considered.

d. Four (4) members of the GTAC bargaining unit, as selected according to its bylaws

Upon submission of a grievance, a GTA GRC hearing panel of five (5) members will be convened

from the GRC. The Governance Office will select a Law School faculty member from the GRC to

chair the GTA GRC hearing panel. The Chair will select the GTA GRC hearing panel members from

the GRC.

The GTA GRC for each hearing will be comprised of:

a. One (1) faculty member

b. One (1) University Staff Member

c. One (1) Law School faculty member

d. Two (2) members from GTAC

Grievance Submission:

If the grievance is not satisfactorily resolved in Levels 1-4, the grievant may within ten (10) days of

the conclusion of mediation, submit the grievance to the University Governance Office and request a

hearing before the GTA Grievance Resolution Committee (GTA GRC hereafter). This grievance

should include all written components as described in previous levels. Additionally, the grievant

must provide Governance with:

1. The name of any chosen representative(s);

2. Copies of all materials from Levels 1 through 3 of the grievance (materials from Level 4

are subject to confidentiality requirements of FMCS);

3. A written description of the issue with supporting facts;

4. A summary of meetings to date;

5. A list of University employees and individuals to be called as witnesses/experts, along

with a brief written summary of the anticipated testimony of each witness showing the

testimony relevancy;

6. Evidence to be considered; and

7. Issues remaining in dispute after Level 3 or issues jointly stipulated by the parties to be

remaining for review following Level 4 and the resolution sought.

Upon receipt of a grievance, Governance will notify the respondent and provide a copy of the

grievance materials within three (3) days.

The respondent must provide the following materials to Governance within five (5) days of

receiving the grievance materials.

1. The name of any chosen representative(s);

2. A statement concurring with the materials submitted by the grievant from Levels 1

through 3 of the grievance or copies of any materials omitted by the grievant or

disputed by the respondent;

3. A statement concurring with the grievant’s summary of meetings to date or a statement

disputing or providing any additional information about those meetings deemed

necessary to resolution of the grievance;

4. A list of University employees and individuals to be called as witnesses/experts, along

with a brief written summary of the anticipated testimony of each witness showing the

testimony relevancy;

5. Evidence to be considered; and

6. Issues remaining in dispute after Level 3 or issues jointly stipulated by the parties to be

remaining for review following Level 4 and the resolution sought.

Governance will distribute the respondent’s materials to the grievant within three (3) days.

Governance compiles, reproduces and distributes the necessary copies of all documents submitted

for the hearing participants.

Hearing Scheduling and Continuances:

Within five (5) days of receiving the respondent’s materials;

1. Governance will select a Chair;

2. The Chair will select the GTA GRC members from the standing pool of reviewers for the

hearing and

3. Governance will notify the grievance parties of those selected.

Parties involved in the hearing will have the opportunity to indicate whether a GTA GRC member

should be precluded from a particular hearing based on concerns about impartiality. The objecting

party will have three (3) days from the notice of the GTA GRC appointment to notify Governance of

those concerns. The GTA GRC Chair will determine whether an alternate should be appointed.

Within five (5) days of the appointment of the final committee, Governance will notify the parties of

the scheduled hearing date. Governance will make every reasonable effort to schedule a hearing

during regular working hours and at a convenient time for all parties. The date of the hearing will

allow reasonable time for the GTA GRC to review all materials. Parties may submit a written

request to Governance by email or in person for a continuance (govern@ku.edu). Governance must

receive the request no later than five (5) days before the scheduled date of the hearing. The written

request must provide alternate dates on which the requesting party is available for the hearing and

document that the opposing party has been notified of the request. Governance will consult with

the GTA GRC Chair to make the final determination regarding the request and notify all parties of

the decision and of any alteration in the scheduled hearing date.

Hearing Transcripts:

All hearing meetings of the GTA GRC will be recorded by means of audio, except the GTA GRC

deliberations. All recordings constitute part of the record of the hearing and Governance will

maintain them. Access to the audio will be limited to the parties, the authorized representatives and

the members of the GTA GRC. Transcripts may be made of the contents of an audiotape at the sole

expense of the requesting party or by other agreement of the parties.

Witness Notification and Participation:

Governance will notify in writing the University witnesses, their supervisors of record, and the

department heads that:

1. The University supports every effort to accommodate the availability of witnesses for a

hearing before the GTA GRC;

2. Witnesses have a choice to participate in the hearing;

3. Participation is paid “work time;”

4. Witnesses must request release from duties form their departments for the time of the

hearing in advance and in accordance with normal unit notice procedures;

5. Witnesses must not be subjected to any form of intimidation, retaliation, or adverse

actions by any party for their decision to participate or not to participate in the hearing;

6. Attempts at intimidation, retaliation, or adverse actions should be reported to Human

Resource Management and to Graduate Teaching Assistant Coalition (GTAC) if the MOA

provisions are violated;

7. Any complaint alleging intimidation, retaliation, or adverse action will be investigated

by the appropriate office and/or GTAC; and,

8. The University will take appropriate counseling or disciplinary action if the University

determines that intimidation, retaliation, or adverse action has occurred.

Possible Dismissal of Grievance:

Before the hearing and after a review of the grievance materials, the GTA GRC may recommend to

the Vice Provost of Graduate Studies that the complaint be dismissed without further proceedings if

any of the following grounds exist:

1. The grievance or another grievance involving substantially the same underlying

occurrence or events has already been or is being adjudicated by proper Un iversity

procedures;

2. The grievance should be heard by another body;

3. The grievance was not filed in a timely fashion; and/or,

4. The University lacks jurisdiction over the subject matter or any of the parties.

Before the dismissal recommendation is made to the Vice Provost of Graduate Studies, the parties

will be provided the opportunity to respond in writing to the GTA GRC dismissal recommendation

by the date specified in the notice letter. A dismissal recommendation shall be by a majority vote of

the appointed GTA GRC.

Role of the Chair:

The Chair of the GTA GRC has authority to conduct the hearing and such authority will include, but

not be limited to:

1. Keeping order in the hearing, including calling a recess or rescheduling the hearing;

2. Setting reasonable time limits for the presentation and cross examination of witnesses;

3. Determining testimony relevance;

4. Determining admissibility of any documents. The Chair may deny admission of any

documents; and

5. Any ruling of the Chair as to admissibility of testimony or documentary evidence may be

appealed by a motion made and duly seconded from the members of the GTA GRC made

immediately after the challenged ruling of the Chair. In the event of such a timely made

and seconded motion, a majority vote of the members of the GRA GTC shall prevail as to

the admissibility of the evidence in question.

If a party presents documents for consideration after the stated deadlines for submission, the Chair

determines whether the opposing party would be prejudiced by the admission of such documents

without being given additional time. The Chair’s decision may be appealed within three (3)

business days to the GTA GRC, in which case a majority vote of the GRC shall control the question.

Conducting the hearing:

The hearing will not be governed by the rules of evidence. The hearing is not considered open to the

public and no parties will be allowed in the hearing who are not directly involved in the hearing as

either parties, witnesses, or representatives. Witnesses will be sequestered during the hearing.

Before testifying, parties and witnesses must affirm they will tell the truth: knowingly providing

false testimony is a form of professional misconduct that is subject to sanction.

The grievant has the burden of proof to establish by a preponderance of evidence that the

respondent did not act in accordance with Kansas Board of Regents or University policies or rules,

University work practices or the MOA.

Each party may have equal time to present an opening statement at the beginning of the hearing

before calling witnesses for testimony. The grievant’s case will be presented first, followed by the

respondent’s case. The parties (or representatives) and the members of the GTA GRC may ask

questions of the parties’ witnesses after testimony is given. Each party may have equal time to

present a closing statement. The grievant’s closing statement will be presented first, followed by

the respondent’s closing statement. Both parties are permitted to submit points of law for

consideration by the GTA GRC either orally within their closing statement and/or in writing at the

time of closing statements or upon request from the membership of the GTA GRC at any time during

the hearing.

GTA GRC Deliberations and Recommendations:

At the close of the hearing phase, the GTA GRC will adjourn into a closed session to deliberate and

determine its findings by a plurality vote. The GTA GRC will make findings and recommendations

based on the record, which includes information the parties presented at the hearing and in their

grievance submissions. The GTA GRC will support its findings and recommendations with

statements of fact and conclusions based on the application of Federal or State law, Kansas Board of

Regents or University policies or rules, University work practices, or the MOA.

The GTA GRC shall prepare a statement of its findings of fact and recommendations no more than

ten (10) days after the date of the hearing and submit the findings and recommendations by email

to the Vice Provost for Graduate Studies and the parties. The Chair may extend the time limit for

good cause.

Level 6: Vice Provost for Graduate Studies Decision

The Vice Provost for Graduate Studies will review the recommendations and provide a written

decision to both parties within ten (10) days. The Vice Provost may take into account any relevant

evidence in the record. The Vice Provost will ordinarily follow the GTA GRC’s recommendation.

However, if the Vice Provost does not follow the recommendations of the GTA GRC, the Vice Provost

will include the reasons for the departure in the written decision. In such written decision the Vice

Provost shall itemize those findings of fact and recommendations disagreed with, detailing the

evidence from the record in support and further detailing the application of Federal or State law,

Kansas Board of Regents or University policies or rules, University work practices or the MOA in

support of such decision.

Level 7: Judicial Review

The Vice Provost’s determination is a final agency action, and judicial review of the decision is

pursuant to the Act of Judicial Review and Civil Enforcement of Agency Actions (K.S.A. 77-601 et

seq.).

ARTICLE 15: Savings Clause

Should any provision of this agreement be declared by the proper judicial authority or the Kansas

Legislature to be unlawful, unenforceable, or not in accordance with applicable statute, all other

provisions of this agreement shall remain in full force and effect for the duration of the agreement.

Any provision of the agreement which is based on any statute, whether state or federal, all or in

part, either directly or indirectly, shall be construed to conform to the statute upon which the

provision is based. Such construction is to apply as the statute is presently worded or as it may be

amended or changed.

ARTICLE 16: Duration & Termination

This agreement shall become effective on the first day of the month following approval by the

Board of Regents and the Secretary of Administration except for those provisions of the

agreement which state herein that they require, or otherwise by law require, the approval of the

Governor or the Legislature. This agreement shall remain in effect for AY21-22, and AY22-23. The

entire agreement shall be automatically renewed from year to year thereafter unless either party

notifies the other in writing no more than six months nor less than ninety days prior to the

expiration date of the agreement (i.e. May 19, 2023) that it desires to amend, modify or terminate

this agreement. If notice to modify or amend is given, it shall contain a statement of the issues or

provisions in which changes are desired, and meet and confer sessions shall begin no more than

thirty days after such notification is issued.

Notwithstanding the above provisions relating to initiation of the meet and confer sessions, no

such sessions shall be scheduled during, or continued through, the summer months unless the

meet and confer process has reached tentative agreement for the entire Memorandum of

Agreement, or unless mutually agreed upon by both parties.

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