BACKGROUND

The contract form reproduced below has been used for faculty at the University of Southern California, including the School of Medicine, since about 1985. This form was developed through joint efforts of the University Administration and the Faculty Senate (now Academic Senate). In the last two years the Administration has proposed changes in the wording of the contract form, but these changes have not been accepted by the Academic Senate. Some of the proposed changes are shown on the Academic Senate Web Site.

The Exhibit A shown below has been included for several years beginning in about 1985 in contracts offered to faculty at the USC School of Medicine. Contracts for most faculty of the University do not contain an Exhibit A, according to information provided by Vice-Provost Barbara Solomon. Versions of Exhibit A having additional conditions were submitted to faculty at the School of Medicine in 1995 and 1996, but many faculty did not sign the contracts with new language in Exhibit A.

The Administration stated that contract documents would not be issued to faculty of the University for the 1997-98 fiscal year. Instead a letter would be sent informing faculty of their salary for the year. An explanation for the failure to issue contract documents was provided by Vice-Provost Solomon in a communication to Harvey Kaslow, MFA Secretary.

Faculty Contract Form

Exhibit A (School of Medicine)

The University of Southern California, a California non-profit corporation, (The University), and the Faculty Member named below agree that when this Contract has been signed by Faculty Member and the University, Faculty Member is appointed to the Faculty of the University on the terms and conditions set forth in this Faculty Contract:

1. FACULTY MEMBER: (Last Name, First, Middle)

(Social Security Number)

2. ACADEMIC TITLE:

3. CONTRACT TERM: (Enter: Academic Year, Fiscal Year, Fall or Spring, or Specific Dates)

4. PRIMARY DEPT./SCHOOL:

5. SECONDARY DEPTS./SCHOOLS:

6. FACULTY STATUS: (Enter one of the following: Tenured, Probationary, Special, Voluntary)

6.1 Tenure decision date: (Enter for Probationary Faculty only; for all others enter N/A)

7. RENEWAL OR REAPPOINTMENT STATUS: (Enter either: Tenured, Notice of Non-reappointment Required, or Fixed Term)

7.1 Non-Reappointment notice deadline: (Notice of non-reappointment is required for Probationary Faculty, and for Special Faculty on renewable contracts; enter deadline date.)

7.2 Date fixed term employment ends:

8. COMPENSATION BASIS: (Enter applicable basis or bases. Total USC funding, partial USC funding, external funding, conditional funding)

9. TOTAL SALARY: $

9.1 Annual base salary:

9.2 Number of months annual service:

10. SUPPLEMENTAL SALARY: $

10.1 Supplemental salary, period: (If supplemental salary, specify period as: Academic Year, or specific dates)

10.2 Supplemental salary, reason: (Specify reason)

11. ACTIVITY LEVEL: (Enter one of the following: Full-time, Part time, or On Leave)

11.1 Basis for conditional compensation: (Course Name. Course Number)

(Course Name. Course Number)

(Course Name. Course Number)

12. LEAVE STATUS: (Enter Sabbatical, Special, Other)

12.1 Period of leave: (If on leave, enter period of leave term as: Academic Year or Fall or Spring, and specific start and end dates)

13. SPECIAL TERMS, CONDITIONS, AGREEMENTS: (If there are any special terms, conditions or agreements not covered in paragraphs 1 through 12.1 above, enter "Yes. see Exhibit A"; it there are no special terms, conditions or agreements enter "None")

14. PROBATIONARY APPOINTMENTS: A Probationary Faculty Member is eligible to be considered for tenure. The University agrees to notify the Faculty Member of a decision on tenure status in accordance with the policies set out in the Faculty Handbook no later than the date set forth in paragraph 6.1 above. The University and the Faculty Member agree that for purposes of the tenure decision, prior service at this and other colleges or universities has been taken into account in deciding on the Tenure Decision Date set forth in paragraph 6.1.

15. SPECIAL FACULTY: A Special Faculty Member is one on an appointment which does not lead to consideration for tenure.

16. RENEWAL OR REAPPOINTMENT: Renewal of this Faculty Contract, or reappointment as a faculty member is governed by the Renewal or Reappointment Status set forth in paragraph 7 above, and is as follows:

16.1 TENURED FACULTY: The University agrees that this contract shall be renewed annually, subject to the provisions of this paragraph. Reappointment is subject to the resignation of the Faculty Member, the established retirement policy of the University as set out in the Faculty Handbook, the continued ability of the Faculty Member to perform the duties of the Faculty Member, and the grounds for dismissal for adequate cause specified in the Faculty Handbook. In addition, reappointment is subject to provisions under which faculty may be placed on indefinite leave without pay if reduction in faculty becomes necessary under extraordinary circumstances because of demonstrated bona fide financial exigency, after reasonable notice, and in accordance with established policies and procedures which will be set out in the Faculty Handbook.

16.2 PROBATIONARY AND SPECIAL FACULTY ON RENEWABLE CONTRACTS: The University agrees that a Faculty Member appointed to Probationary status or Special Faculty with renewable contracts shall be given notice of non-reappointment in accordance with the provisions of the Faculty Handbook by the date set forth in paragraph 7.1 above.

16.3 FIXED TERM CONTRACTS: A Faculty Member appointed as Special Faculty with a fixed term contract and Visiting Faculty agree that this contract is for the term set forth herein only and does not entitle the Faculty Member to reappointment nor to notice of non-reappointment.

17. COMPENSATION: The University promises to pay to the Faculty Member the amount set forth in paragraph 9 (and 10 where applicable) subject to the following:

17.1 FULL-TIME FACULTY AND LIBRARIANS: The University promises to pay a Faculty Member the salary set forth in paragraph 9 (and 10 where applicable) and in addition thereto, those fringe benefits identified in the Official Plan Documents of the University.

17.2 PART-TIME FACULTY: The University agrees to pay to Part-time Faculty the salary set forth in paragraph 9 (and 10 where applicable) subject to the following conditions:

17.2.1 CANCELLATION FOR LACK OF ENROLLMENT: The duty of a part-time faculty member to teach, and the compensation of a part-time faculty member under this contract is contingent upon sufficient enrollment in the course or courses listed in paragraph 11.1. If there is insufficient enrollment, the University may cancel the course or courses. The University shall give notice of course cancellation to the Part-time Faculty member prior to the third scheduled meeting date for the course. A part-time faculty member is entitled to receive salary only for a course or courses actually taught.

17.2.2 FRINGE BENEFITS, AND LOSS THEREOF: In addition to the compensation set forth in paragraph 9 (or 10 where applicable) the University agrees to pay to the Part-time Faculty Member those fringe benefits identified in the Official Plan Documents of the University. It is agreed and understood between the parties that if there is a total or partial cancellation of the course or courses to be taught by the Part-time Faculty Member, there may be a reduction or elimination of fringe benefits as identified in the Official Plan Documents of the University.

17.3 EXTERNAL COMPENSATION: When set forth in paragraph 8, Faculty Member also receives compensation from the County of Los Angeles or other source for duties complementing the service of the Faculty Member to the University, and it is agreed that the University has no obligation to pay such external compensation.

17.4 VOLUNTARY FACULTY: A Faculty Member designated as Voluntary Faculty in paragraph 6 agrees that the Faculty Member is not entitled to receive compensation from the University under this contract.

17.5 SUPPLEMENTAL SALARY: The University agrees to pay Faculty Member the Supplemental Salary for the reasons and for the period set forth in paragraph 10. Such Supplemental Salary is included in calculating all employment taxes and fringe benefits to which Faculty Member is entitled as set forth in the Official Plan Documents of the University.

18. PAYMENT OF SALARY: The University agrees to pay Full-time Faculty Member on an academic year appointment the salary shown in paragraph 9 (and 10 where applicable) at the rate of 1/12 on the 26th day of each month beginning September 26 and ending August 26. Faculty Member on a full-time academic year appointment may elect to receive the full academic year salary during the nine month period beginning September 26 and ending May 26 at the rate of 1/9 per month, or during the ten month period beginning September 26 and ending June 26 at the rate of 1/10 per month. The University agrees to pay Full-time Faculty Member on a fiscal year appointment the salary shown in paragraph 9 (and 10 where applicable at the rate of 1/12 on the 26th day of each month beginning July 26 and ending June 26. Faculty Member appointed in the middle of the academic or fiscal year shall be paid coincident with the term of appointment. The University agrees to pay Visiting, Part- time, Temporary or Special Faculty coincident with the term of appointment.

18.1 Faculty Member understands and agrees that election to receive salary on a nine or ten month payment schedule may entail the loss of certain fringe benefits during the last two or the last three months of the academic year unless payment is made by Faculty Member for Faculty Member's contribution to those fringe benefits. Faculty Member agrees that, by making the election to receive salary on such pay schedule, Faculty Member is relying on Faculty Member's own legal advisor or the Personnel Office, and understands the effect of the choice.

19. DUTIES OF PROBATIONARY AND TENURED FACULTY MEMBERS: The duties of the Faculty Member are to enhance knowledge and the public good through scholarship, professional development, and academic publications; to teach and counsel students: to participate in scholarly societies and public service, and to share in University governance through service on University and school committees and through performance of similar institutional responsibilities.

19.1 The duties of the Faculty Member shall be in accordance with the normal and customary requirements of the University and the department(s) of appointment, in accordance with the policies set out in the Faculty Handbook, and as agreed upon in detail between the Faculty Member and the department. These duties include maintaining regular office hours. They also include the usual pre-class and post-class registration and commencement activities in line with customary requirements. The time of duties of the Faculty Member may be arranged to include both day and evening service. The place of duties may be arranged to include service at various campuses of the University in line with usual practice of the department/school of appointment.

19.2 The period of service of this contract during the current academic year is for the period set forth in paragraph 9.1, starting one week before the scheduled start of classes in the department of primary appointment,

19.3 Faculty members on twelve-month contracts are entitled to one month vacation, at a time agreed upon with the department of primary appointment,

20. DUTIES OF SPECIAL PART-TIME FACULTY: The duties of the Faculty Member under this contract are to teach the courses set forth in paragraph 11.1 and/or to perform during the period of this contract such other institutional responsibilities as may be agreed on with the department(s) of appointment.

21. DUTIES OF LIBRARIANS: It is the duty of the Faculty Member to serve as a member of the library staff, performing such institutional responsibilities as may be agreed with the department(s) of appointment, in line with customary requirements.

22. DUTIES OF SPECIAL FACULTY: The duties of a Special Faculty member normally are primarily teaching, primarily research or primarily clinical practice. Extension of duties beyond the primary responsibilities of the Special Faculty member may not be undertaken without the written consent of the appropriate Dean and will not necessarily lead to change of status or to consideration for tenure.

23. OTHER AGREEMENTS: The Faculty Member and the University agree to abide by the applicable University regulations, policies and procedures published in the Faculty Handbook. The Faculty Member expressly agrees to the University's patent and outside consulting and teaching activities policies as published in the Faculty Handbook. The furnishing of physical facilities and laboratories in connection with the Faculty Member's employment shall be in accordance with the customary policies of the University.

23.1 The University also expressly agrees to adhere to the standards and procedures concerning academic freedom, academic tenure, and academic due process set out in the Faculty Handbook.

24. ENTIRE CONTRACT: This contract between the University and the Faculty Member also includes the academic practices and policies, including policies on faculty/student relations, set out in the Faculty Handbook, as they may be revised from time to time through established collegial processes.

24.1 SPECIAL TERMS, CONDITIONS OR AGREEMENTS: Faculty member and the University agree hat there are no special terms,conditions or agreements relating to duties, compensation, tenure, reappointment, retirement, grants, laboratories, office space or other physical facilities, moving expenses, leaves, consulting, housing, or any other term of employment except those set forth in paragraph 13 and Exhibit A. Faculty Member agrees that no previous oral discussions or correspondence, including appointment letters, are binding on the University except as incorporated in paragraph 13 and Exhibit A.

24.2 AMENDMENT IN WRITING ONLY: Faculty Member and the University agree that this contract may be altered, amended or changed only by a written agreement between Faculty Member and the University.

25. NOTICE: Any notice required to be given by the University to Faculty Member under the terms of this Faculty Contract shall be given by U.S. Mail, Return Receipt Requested, to the address of Faculty Member on file with the University department set forth in paragraph 4 above.

UNIVERSITY OF SOUTHERN CALIFORNIA

(Signed and dated by the President of the University)

(Signed and dated by the Faculty Member)

This Exhibit A is incorporated in and made a part of the Faculty Contract, and includes the following:

1. The Faculty Member understands that engaging in private practice is not required.

2. If the Faculty member elects to engage in private practice, then he/she agrees to conduct such practice solely under the terms and conditions of the University Medical Faculty Practice Plan.

UNIVERSITY OF SOUTHERN CALIFORNIA

(Signed and dated by the President of the University)

(Signed and dated by the Faculty Member)

EXHIBIT A

Prepared and posted by Robert Stellwagen on August 27, 1997.

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