ARTICLE 3: UNIVERSITY PREROGATIVES AND ACADEMIC RIGHTS

Section 1. The parties acknowledge that Graduate Assistants (“GAs”) have attributes of employees, particularly with regard to economic issues such as stipends and benefits, but that Graduate Assistants are also students with rights and obligations that are predominately academic.

Section 2. Management of the University is vested exclusively in the University. Except as otherwise provided in this Agreement, the Union agrees that the University has the right to establish, plan, direct and control the University’s missions, programs, objectives, activities, resources, and priorities; to establish and administer procedures, rules and regulations, and direct and control University operations; to alter, extend or discontinue existing equipment, facilities, and location of operations; to determine or modify the number, qualifications, scheduling, responsibilities and assignment of Graduate Assistants; to evaluate, to determine the content of evaluations, and to determine the processes and criteria by which Graduate Assistants’ performance is evaluated; to establish and require Graduate Assistants to observe University rules and regulations; to discipline or dismiss Graduate Assistants; to establish or modify the academic calendars, including holidays and holiday scheduling; to assign work locations; to schedule hours of work; to recruit, hire, or transfer; to determine how and when and by whom instruction is delivered; to determine in its sole discretion all matters relating to faculty hiring and tenure and student admissions; to introduce new methods of instruction; to subcontract all or any portion of any operations except as restricted by Article 26 of this agreement; and to exercise sole authority on all decisions involving academic matters.

Section 3. Except as otherwise provided in this agreement, the University also has the right to establish, maintain, modify and enforce standards of performance, conduct, order and safety by which GAs shall abide. The University shall also have the right to establish or revise disciplinary policies to address violations of these rules. The Union may grieve the reasonableness of such rules and policies.

Section 4. Decisions regarding who is taught, what is taught, how it is taught and who does the teaching involve academic judgment and shall be made at the sole discretion of the University. Other questions of academic judgment that shall remain in the University’s discretion are: decisions regarding a GA’s academic progress and standing, including the determination of whether or not to continue or renew a GA on academic grounds; decisions regarding research methodology and materials; decisions about academic standards and whether to create, eliminate, combine, or modify academic, outreach, service and research programs; decisions regarding the selection and assignment of faculty and all positions, including GAs, that support teaching and research; and decisions regarding grants including application, selection, funding, administration, usage, accountability and termination.

Section 5. The above enumeration of management rights is not exhaustive and does not exclude other management rights not specified herein, nor shall the exercise or non-exercise of rights constitute a waiver of any such rights by the University.

Section 6. Except as provided in Section 3 above, no action taken by the University with respect to a management or academic right shall be subject to the grievance or arbitration procedure unless the exercise thereof violates an express written provision of this agreement.