Coaches' Contract

AGREEMENT BETWEEN THE PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION AND
THE ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES NON-FACULTY ATHLETIC COACHES

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Table of Contents

Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F

Definitions Recognition Fair Practices Grievance Procedure and Arbitration Rights and Privileges of APSCUF Rights of the State System/Universities Duties, Responsibilities, and Workload Contracts of Employment Leaves of Absence Compensation Hospital and Medical Insurance and Supplemental Benefits Life Insurance Retirement Maintenance of Membership and Check-Off Miscellaneous Conditions Travel Expenses Agreement Against Strikes and Lock-Outs Legislative Action Separability Totality of Agreement Successors Discipline and Discharge Annual Performance Review and Evaluation Personnel Files Coaching Vacancies Coaches Committee Term of Agreement Contract of Employment, Regular Full-Time or Regular Part-Time Head Coach Contract of Employment, Regular Full-Time or Regular Part-Time Assistant Coach Disability Retirement Determination Procedure for TIAA-CREF Participants Pay Ranges Effective July 27, 2002 State System of Higher Education Coaches Performance and Evaluation Document Contract of Employment, Other Than Regular Full-Time or Regular Part-Time Coach

PREAMBLE
THIS AGREEMENT made and entered into this 13th day of June, 2002, by and between the Board of Governors of the Pennsylvania State System of Higher Education (“STATE SYSTEM”) for and on behalf of itself, the STATE SYSTEM UNIVERSITIES and their respective Councils of Trustees, and the Association of Pennsylvania State College and University Faculties (“APSCUF”)

ARTICLE 1: DEFINITIONS

1. “APSCUF” The Association of Pennsylvania State College and University Faculties, Inc.
2. “COMMONWEALTH” The Executive Branch of the Commonwealth of Pennsylvania.
3. “COACH” or “COACHES” All non-faculty athletic coaches that are members of the bargaining unit described in PLRB Case No. PERA-R-97-451-E.
4. REGULAR FULL-TIME COACH” A COACH who is designated by the UNIVERSITY as full-time, and who is in active pay status in every pay period of his/her service period.
5. REGULAR PART-TIME COACH” A COACH who is designated by the UNIVERSITY as less than a full-time COACH and who is expected to work fifty percent (50%) or more in order to be eligible for benefits as provided for herein. Those Regular part-time COACHES who are eligible for benefits as of the effective date of the Agreement shall be determined by agreement between the parties by June 13, 2002.
6. “STATE SYSTEM OF HIGHER EDUCATION” That system created by Act 188 of 1982, the State System of Higher Education Act, hereinafter referred to as the STATE SYSTEM, which shall consist of the Office of the Chancellor and all UNIVERSITIES of the State System of Higher Education.
7. “UNIVERSITIES” All institutions of the STATE SYSTEM, including Bloomsburg University of Pennsylvania, California University of Pennsylvania, Cheyney University of Pennsylvania, Clarion University of Pennsylvania, East Stroudsburg University of Pennsylvania, Edinboro University of Pennsylvania, Indiana University of Pennsylvania, Kutztown University of Pennsylvania, Lock Haven University of Pennsylvania, Mansfield University of Pennsylvania, Millersville University of Pennsylvania, Shippensburg University of Pennsylvania, Slippery Rock University of Pennsylvania, and West Chester University of Pennsylvania, and their respective branch campuses.
8. “ROLL-OVER CONTRACT OF EMPLOYMENT” A three (3) year or two (2) year Contract of Employment that may be renewed annually one additional year.
9. “SERVICE PERIOD” A period of 47 weeks within a twelve (12) month period that a Regular full-time COACH is assigned duties.

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ARTICLE 2: RECOGNITION

1. The STATE SYSTEM and the UNIVERSITIES and each of them recognize APSCUF as the sole and exclusive bargaining agent for COACHES in the bargaining unit described and certified by the Pennsylvania Labor Relations Board in Case No. PERA-R-97-451-E with respect to the STATE SYSTEM’s obligations both to “negotiate” and to “meet and discuss” as those terms are used in Sections 701 and 702, respectively, of the Public Employee Relations Act (“Act 195”).
2. Should additional UNIVERSITIES, branch campuses of UNIVERSITIES, or UNIVERSITY teaching locations be established, any intercollegiate athletic coaches as described in PLRB Case No. PERA-R-97-451-E, employed by the STATE SYSTEM who work at such sites shall be covered by the terms and conditions of this Agreement.

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ARTICLE 3: FAIR PRACTICES

1. Neither party hereto nor any COACH shall discriminate against any other COACH or candidate for employment on the basis of race, creed, color, sex (including discrimination by sexual harassment), handicap or disability, life style, family status, age, national origin, APSCUF membership or activity or lack thereof, political belief and/or affiliation, or on account of any other basis prohibited by law. Where existing laws against discrimination require accommodation, the STATE SYSTEM will accommodate to the extent required by law.
2. There shall be no discrimination by either of the parties hereto or any COACH against members of the same family regarding concurrent employment at any UNIVERSITY.
3. If any provision of this Agreement is in conflict with Federal Executive Orders 11246 and 11375, as amended, or the Civil Rights Act of 1964, as amended, or the laws and rules relating to the Pennsylvania State System of Higher Education Equity Plan, Excellence and Equity, hereinafter known as the STATE SYSTEM Equity Plan, the provisions of such orders, laws and rules shall prevail, provided that any rule not consistent with this Agreement adopted by the STATE SYSTEM subsequent to the signing of this Agreement shall not prevail against the terms of this Agreement. Before any rule relating to the STATE SYSTEM Equity Plan not consistent with this Agreement is applied to affect the rights of APSCUF or any COACH, this Section shall be reopened for negotiation at the request of APSCUF.
4. The STATE SYSTEM/UNIVERSITIES and APSCUF, as the representative of COACHES, shall meet and discuss at the STATE SYSTEM level during the term of this Agreement on such aspects of this Article that are of mutual interest. The parties hereto specifically agree to support and work towards the goals set forth in the STATE SYSTEM’s Equity Plan.

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ARTICLE 4: GRIEVANCE PROCEDURE AND ARBITRATION

1. Intent. It is the declared objective of the STATE SYSTEM/ UNIVERSITIES and APSCUF to encourage the just resolution of grievances. In order to effect a prompt resolution of grievances, the STATE SYSTEM/UNIVERSITIES, APSCUF and the COACHES shall make available one to the other all known relevant facts so as to enable the parties to resolve grievances. The parties further agree that the orderly processes hereinafter set forth below shall be the sole method used for the resolution of grievances.
2. A grievance may be filed by a COACH, a group of COACHES, or APSCUF. APSCUF may present a policy grievance (one that affects more than one (1) COACH) at any step of the grievance procedure prior to arbitration.
3. Definition. A “grievance” is an allegation by APSCUF or a COACH or group of COACHES that there has been a specific violation, misinterpretation or improper application of an Article(s) and Section(s) of this Agreement by the STATE SYSTEM/ UNIVERSITIES, and a statement of the remedy being requested. It is understood and agreed between the parties that APSCUF or a COACH will be allowed to make amendments to the grievance up to the submission of Step Two. It is also understood that if such amendments are made to a grievance in the submission to Step Two, either party may resubmit to Step One for reconsideration.
4. Section 4. Procedure.
   Step One. APSCUF or a COACH or a group of COACHES shall present a grievance orally or in writing stating the facts, and listing the Articles and Sections of this Agreement or the specific regulation(s) or procedure(s) upon which the grievance is based. Such written grievance(s) shall be submitted to the President or his/her designee within forty (40) calendar days of the occurrence giving rise to the grievance or within forty (40) calendar days of the date on which the grievant or grievants learned of such occurrence, with the exception that if the forty (40) days expire between May 1 and September 1 of any year, the grievance shall be submitted to the President or his/her designee by September 30 of such year or within forty (40) calendar days, whichever comes later. The President or his/her designee shall have twenty (20) calendar days following the receipt of such written grievance to investigate the matter as he/she shall deem appropriate, discuss the matter with the grievant, group of grievants and/or the local APSCUF grievance chairperson or his/her designee where appropriate, and to submit a written response.
   Step Two. If the grievance has not been resolved at Step One, APSCUF or a COACH or a group of COACHES may, within fifteen (15) calendar days after the decision from the President or his/her designee at Step One is due, submit a written appeal to the Chancellor of the STATE SYSTEM or his/herdesignee. The Chancellor of the STATE SYSTEM or his/her designee shall have thirty (30) calendar days following the receipt of such written appeal to submit a written response to the grievant, group of grievants and APSCUF.
   Step Three-Binding Arbitration. If the grievance has not been resolved at Step Two, APSCUF, but not an individual COACH or group of COACHES, has the sole right to refer a grievance to arbitration and to conduct the proceeding as a party, and shall within forty (40) calendar days of the receipt of the written response from Step Two submit a written notice to the Chancellor of the STATE SYSTEM or his/her designee of its intent to submit the grievance to binding arbitration. It is understood that only APSCUF, or counsel for APSCUF, may present the case in support of any grievance at arbitration.
5. The parties shall have the right mutually to agree upon the arbitrator, but in the event they cannot agree within fifteen (15) calendar days of receipt of the notice to arbitrate, the matter shall forthwith be submitted to the American Arbitration Association for the appointment of an arbitrator. In all cases, selection of the arbitrator and the arbitration proceedings shall be conducted in accordance with the Voluntary Labor Arbitration rules of the American Arbitration Association at the time obtaining. The arbitration hearing shall be held at such time and place as is convenient to the parties, consistent with the circumstances of the case.
6. The decision of the arbitrator shall be final and binding upon the parties, except where the decision would require an enactment of legislation in which case the decision shall be binding only if and when such legislation is enacted. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement. Each case shall be considered on its merits and this collective bargaining agreement shall constitute the sole basis upon which the decision shall be rendered. If there is a question as to whether the arbitrator has jurisdiction to hear a case, this question must be heard and an immediate bench ruling issued by the arbitrator prior to his/her hearing and deciding the merits of the case. The arbitrator shall confine himself/herself to the precise issue the parties have agreed to submit for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the hearing or receipt of the transcript of the hearing.
7. The arbitrator’s fees and expenses shall be shared equally by APSCUF and the STATE SYSTEM/UNIVERSITIES, but each party shall bear its own cost of preparing and presenting its case to the arbitrator. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration that results in a postponement charge, the postponing party shall pay such charge, unless the postponement results in a settlement of the grievance, in that event, the charge shall be divided equally among the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. Either party to an arbitration may request that a transcript of the hearing be made. The requesting party shall pay the cost for the transcript and shall provide a copy free of charge to the arbitrator. In the event the party, who did not order a copy of the transcript at the hearing, subsequently decides to order a copy of the transcript, that party shall share equally in the cost of the copy of the transcript provided to the arbitrator.
8. The failure of either party to demand compliance with or to comply with the time limits of Steps One or Two of Paragraph 3 of this Article shall not bar either party from requiring that the stated time limits at Step Three be met.
9. If a COACH has the right to appeal a discharge or other disciplinary action as allowed by another Article of this Agreement, he/she may do so at the second step of the grievance procedure. Any such appeal must be presented in writing within fifteen (15) calendar days after the COACH has received written notice of the disciplinary action. A copy of the written notice shall be mailed to the local APSCUF grievance chairperson and State APSCUF on the day the written notice is mailed or delivered to the COACH, whichever is earlier.
10. Time of the Essence.
    A. The filing of a grievance or appeal from any step of this grievance procedure or the notice of any intent to arbitrate shall be accomplished within the time limits specified and, in the event such is not done, the Administration’s decision at the prior step shall be final and binding upon the parties and shall not be subject to further appeal of any kind, provided, however, that the said time limits may be extended by written or oral mutual agreement for any reason, and reasonable requests for extensions shall not be arbitrarily denied; and provided, further, that a grievant shall not be penalized as to time if he/she has been misled by a representative of the STATE SYSTEM/UNIVERSITIES.
    B. Failure to communicate a decision at any step of this grievance procedure within the specified time limits shall permit it to be advanced to the next step of the procedure, unless a longer period is established by mutual consent.
11. Rights of APSCUF.
    A. APSCUF’s representative(s) shall be advised of the existence of a grievance as soon as the UNIVERSITY Administration becomes aware of its existence. As early as possible and practical, copies of all transcripts, documents and correspondence filed with respect to a grievance shall be made available to APSCUF, and at APSCUF’s request be provided to APSCUF. Costs of reproduction shall be borne by APSCUF should the STATE SYSTEM/UNIVERSITIES request such payment.
    B. Any individual COACH or group of COACHES shall have the right at any time to present grievances to the STATE SYSTEM/UNIVERSITIES and have them adjusted without the intervention of APSCUF, as long as the adjustment is not inconsistent with the terms of this Agreement, and provided further that APSCUF has been given the opportunity to be present at such adjustment.
    C. APSCUF’s representative(s) shall be permitted to represent the grievant when requested to do so by the grievant and, in any event, to represent and speak on behalf of APSCUF’s particular point of interest in connection with that grievance. In this regard, it is understood that the grievant has the right to represent himself/herself and APSCUF shall not interfere with that right.
12. Disposition of Grievances. Any settlement, withdrawal or disposition of a grievance at Step One in paragraph 3 above shall not constitute a binding precedent for the settlement of similar grievances in the future. The parties shall endeavor to implement fully any settlement agreement(s) or arbitration award(s) within sixty (60) days of the receipt of said agreement or award.

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ARTICLE 5: RIGHTS AND PRIVILEGES OF APSCUF

1. Duly authorized representatives of APSCUF shall be permitted to transact official APSCUF business on behalf of COACHES on UNIVERSITY property at reasonable times, provided that such business shall not interfere with or interrupt normal UNIVERSITY operations or the responsibilities of COACHES.
2. APSCUF shall have access to the use of UNIVERSITY equipment at reasonable times and after reasonable notice, provided such use does not interfere with the normal operations of the UNIVERSITY. APSCUF shall pay the cost of all materials, supplies and other charges incident to such use, including postage and telephones.
3. The STATE SYSTEM/UNIVERSITIES shall make available to APSCUF, upon its reasonable request and within a reasonable time thereafter, such accurate information, records, statistics and financial data related to the bargaining unit and operation of the UNIVERSITIES that are in the possession of the STATE SYSTEM/UNIVERSITIES or its agents and are necessary for negotiations and/or the implementation of this Agreement.
4. COACHES shall be permitted to participate in meetings of APSCUF provided that UNIVERSITY management is given at least one week advance notice and that the duties and responsibilities of the COACHES are fulfilled, and provided further that any additional costs to the UNIVERSITY that arise as a result of the COACHES’ participation in such meetings will be paid for by APSCUF, and provided finally that all expenses of the COACHES who participate in such meetings shall be paid for by APSCUF.
5. The UNIVERSITIES shall advise APSCUF of all vacancies for COACHES in faculty, coaching, and management positions, but neither APSCUF nor COACHES shall have any special rights with respect to any such vacancies. The UNIVERSITIES are not required to send duplicative notices to APSCUF of vacancies.
6. APSCUF shall have the right to use the UNIVERSITY’S mail distribution service for APSCUF official communications.
7. The STATE SYSTEM and/or the UNIVERSITIES shall advise the appropriate body of APSCUF two weeks in advance, or promptly after scheduling, of the open meetings of the UNIVERSITY’S Council of Trustees and of the STATE SYSTEM’S Board of Governors; and shall provide APSCUF with a copy of the advance agenda for any such meetings, if one is available. APSCUF, as the exclusive bargaining agent for the COACHES, shall at reasonable times and upon reasonable notice, have the right to request a place on the agenda for any such meeting. Any such request shall not be unreasonably denied. In addition, APSCUF shall be provided with copies of official minutes of all such meetings upon publication, provided the same are available for public distribution.
8. APSCUF’s designated representative shall be given a place on the agenda at any formal UNIVERSITY-wide orientation.
9. APSCUF may designate a COACH as the campus representative at each UNIVERSITY and up to two (2) statewide representatives from all UNIVERSITIES who shall be granted priority in the scheduling of athletic facilities and other professional responsibilities, except for previously scheduled athletic contests, in order to facilitate the implementation of this Agreement.
10. Meet and Discuss
    A. The Chancellor of the STATE SYSTEM or his/her designee shall meet monthly with a committee appointed by APSCUF for the purpose of discussing matters related to the implementation of this Agreement.
    B. The UNIVERSITY President or his/her designee shall meet monthly with a committee appointed by the UNIVERSITY Chapter of APSCUF for the purpose of discussing matters related to the implementation of this Agreement unless APSCUF requests to have a separate meet and discuss format for COACHES at the UNIVERSITY level.
    C. Meetings shall be scheduled in such manner and at such times as the parties may mutually determine.
    D. A record of the proceedings of such meetings, which accurately reflects the substance of the discussion, shall be maintained if the parties at such meetings mutually agree.

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ARTICLE 6: RIGHTS OF THE STATE SYSTEM/UNIVERSITIES

1. The STATE SYSTEM/UNIVERSITIES, at their sound discretion, possess the right, in accordance with applicable laws, to manage all operations and UNIVERSITY sports including the direction of COACHES and the right to plan, direct and control the operation of all facilities and property of the STATE SYSTEM, except as modified by this Agreement.
2. As provided by Act 195 (Section 702), matters of inherent managerial policy are reserved exclusively to theSTATE SYSTEM/UNIVERSITIES. These include but shall not be limited to such areas of discretion or policy as the functions and programs of the public employer (STATE SYSTEM/UNIVERSITIES), standards of services, its overall budget, utilization of technology, the organizational structure and selection and direction of personnel.
3. The listing of specific rights in this Article is not intended to be or should not be considered restrictive or a waiver of any of the rights of management not listed and not specifically surrendered herein, whether or not such rights have been exercised by the STATE SYSTEM/UNIVERSITIES in the past.

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ARTICLE 7: DUTIES, RESPONSIBILITIES, AND WORKLOAD

1. It is recognized that intercollegiate athletics is a component of a UNIVERSITY’s educational program and that COACHES have the responsibility to promote the academic success of student athletes. COACHES may also inform student athletes about possible conflicts between class meeting times and practices, and competitions. Other duties and responsibilities may include but need not be limited to the following:
   A. Recruitment of student athletes.
   B. Planning and management of competitions and practices.
   C. Compliance with the rules and regulations of the NCAA, existing PSAC rules and regulations, and/or the rules and regulations of any other athletic conference of which the UNIVERSITY is a member.
   D. Fundraising.
   E. Planning and management of camps.
   F. Advising student athletes about STATE SYSTEM/UNIVERSITY athletic policies and the requirements of the NCAA, PSAC, and/or any other athletic conference of which the UNIVERSITY is a member.
   G. Budgeting.
   H. For Head COACHES: Evaluating assistant coaches and exercising the ultimate responsibility for the direction of the program.
2. A COACH may perform administrative, facilities management, or other non-coaching duties if such duties are part of his/her current assignment, or if part of a new COACH’S assignment when hired. If the UNIVERSITY wants to assign new administrative, facilities management, or other non-coaching duties to a COACH during the term of a Contract of Employment, the COACH may decline the assignment without prejudice to the COACH’S employment or request that the proposed assignment be referred to the separate meet and discuss format for COACHES at the UNIVERSITY level for a recommended resolution of any issues in dispute.
3. Workload
   A. Regular Full-Time COACHES
   1. Regular full-time COACHES shall be assigned coaching duties for 47 weeks of a twelve (12) month period (hereinafter “service period”). Hospital/medical insurance, supplemental benefits, and life insurance shall continue for the twelve (12) month period. The service period need not be consecutive months, weeks, or days. The service period shall be determined by the Athletic Director after discussion with the regular, full-time COACH.
   2. A regular, full-time COACH shall not be entitled to any additional compensation for periods of time outside of his/her service period. However, if a regular, full-time COACH is directed by a supervisor to work outside of his/her service period, such COACH shall receive compensation proportionate to his/her salary.
   3. A regular, full-time COACH shall not be entitled to use paid leave for periods of time outside his/her service period.
   4. Each Regular full-time head COACH shall submit in advance a monthly schedule to the designated person for his/her approval. Such schedule may be modified by the head COACH with the approval of the designated person.
   5. Each Regular full-time assistant COACH shall submit in advance a monthly schedule to the head COACH for his/her approval. A copy shall also be sent to the designated person. Such schedule may be modified by the assistant COACH with the approval of the head COACH, who shall send a copy of the modified schedule to the designated person.
   6. Local APSCUF and a UNIVERSITY may agree to the submission of a schedule other than monthly.
   7. The schedule for Regular full-time head and assistant COACHES need not reflect regular hours of work such as nine (9) to five (5), but should reflect the demands of the sport he/she coaches and/or other functions assigned to a COACH.
   8. COACHES who have been designated by the UNIVERSITY as Regular full-time head and assistant COACHES and who currently work a service period of less than 47 weeks shall not have his/her service period lengthened without an appropriate salary increase as determined by the UNIVERSITY. Any such increase shall be in addition to salary increases provided for in this Agreement.
   B. Regular Part-Time COACHES
   1. Regular part-time COACHES shall be designated by the UNIVERSITY, and the assigned workload shall be set forth in the individual COACH’S Contract of Employment
   2. Each Regular part-time head COACH shall submit in advance a monthly schedule to the designated person for his/her approval. Such schedule may be modified by the Regular part-time head COACH with the approval of the designated person.
   3. Each Regular part-time assistant COACH shall submit in advance a monthly schedule to the head COACH for his/her approval. A copy shall also be sent to the designated person. Such schedule may be modified by the Regular part-time COACH with the approval of the head COACH, who shall send a copy of the modified schedule to the designated person.
   4. Local APSCUF and a UNIVERSITY may agree to the submission of a schedule other than monthly.
   5. The schedule for Regular part-time head and assistant COACHES need not reflect regular hours of work such as nine (9) to five (5), but should reflect the demands of the sport he/she coaches and/or other functions assigned to a COACH.
   C. Other COACHES
   1. The work period for COACHES who are neither Regular full-time
   nor Regular part-time shall be determined by the Athletic Director after discussion with the COACH and/or head COACH, if applicable. 2. COACHES covered under this subsection shall submit, in advance, a monthly schedule to the designated person for his/her approval. Such schedule may be modified by a COACH with the approval of the designated person. The monthly schedule need not reflect regular hours of work such as nine (9) to five (5), but should reflect the demands of the sport and/or other functions assigned to a COACH.
   3. Local APSCUF and a UNIVERSITY may agree to the submission of a schedule other than monthly.
   D. If a part-time COACH is directed by a supervisor to work more than his/her assigned workload as specified in the Contract of Employment, he/she may file a grievance pursuant to Article 4, Grievance Procedure and Arbitration. Such a grievance must be filed within five (5) days of receiving the directive, and any monetary remedy will be limited to the date of the directive. A head COACH does not have the authority to direct a part-time COACH to work more than the assigned workload as set forth in the Contract of Employment.
   E. Camps and Clinics
   1. Camps and clinics run by Regular full-time COACHES shall be scheduled within the 47-week service period provided for in Section 3.A. above.
   2. Current practices regarding compensation for camps and clinics, including dual compensation, run by Regular full-time COACHES employed as of the effective date of this Agreement shall continue.
   3. Current practices regarding participation in and compensation for camps and clinics, including dual compensation, for Regular part-time head and assistant COACHES shall continue.|
   F. Fundraising
   1. The monthly schedule submitted by Regular full-time and part-time COACHES shall reflect the fundraising activities that shall be performed for his/her sport.
   2. COACHES may be required to perform fundraising activities that benefit a UNIVERSITY’s athletic program on three (3) days per year.

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ARTICLE 8: CONTRACTS OF EMPLOYMENT

1. Appointment as a COACH shall be pursuant to a Contract of Employment in the form set forth in Appendix A, B, or F. The Contract of Employment for a COACH employed on the effective date of this Agreement shall continue to be in force unless a COACH has been notified prior to the effective date of this Agreement that his/her Contract of Employment will not be renewed or extended.
2. Decisions not to renew or extend the Contract of Employment for any COACH shall not be reviewable in any manner through the grievance and arbitration procedure.
3. Current Regular Full-Time Head COACHES
   A. A Regular full-time head COACH who has been employed by his/her UNIVERSITY for five (5) full consecutive years as of the effective date of this Agreement shall receive a three (3) year ROLL-OVER CONTRACT OF EMPLOYMENT that may, at the sole discretion of the President or his/her designee, be extended annually one additional year, unless a Regular full-time head COACH has been notified prior to the effective date of this Agreement that his/her Contract of Employment will not be renewed. Such ROLL-OVER CONTRACTS OF EMPLOYMENT shall be effective upon the expiration of the Regular full-time head COACH’S current Contract of Employment or with the beginning of a new Contract of Employment year if a Regular full-time head COACH has a multi-year Contract of Employment.
   B. A Regular full-time head COACH who has not been employed for five (5) full consecutive years at his/her UNIVERSITY as of the effective date of this Agreement shall receive a three (3) year ROLL-OVER CONTRACT OF EMPLOYMENT upon completion of five (5) full consecutive years of employment at his/her UNIVERSITY unless a Regular full-time head COACH has been notified prior to the effective date of this Agreement that his/her Contract of Employment will not be renewed. Consecutive full years of employment as a Regular full-time head COACH at his/her UNIVERSITY prior to the effective date of this agreement shall count toward the completion of the required five (5) full consecutive years. If a Regular full-time head COACH receives a three (3) year ROLL-OVER CONTRACT OF EMPLOYMENT under this section, the Contract of Employment may, at the sole discretion of the President or his/her designee, be extended annually one additional year.
   C. The President or his/her designee shall provide sixty (60) days notice if the Contract of Employment of a Regular full-time head COACH shall not be renewed or extended. Failure to provide the required notice shall result in the extension of the Regular full-time head COACH’S Contract of Employment for one (1) additional year. Upon the expiration of the one (1) additional year, the Contract of Employment shall expire without any additional notice by the UNIVERSITY.
4. Current Regular Full-Time Assistant COACHES
   A. A Regular full-time assistant COACH who has been employed by his/her UNIVERSITY for five (5) full consecutive years as of the effective date of this Agreement shall receive a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT that may, at the sole discretion of the President or his/her designee, be extended annually one (1) additional year, unless a Regular full-time assistant COACH has been notified prior to the effective date of this Agreement that his/her Contract of Employment will not be renewed. Such ROLL-OVER CONTRACTS OF EMPLOYMENT shall be effective upon the expiration of the Regular full-time assistant COACH’S current Contract of Employment or with the beginning of a new Contract of Employment year if a Regular full-time assistant COACH has a multi-year Contract of Employment.
   B. A regular full-time assistant COACH who has not been employed for five (5) full consecutive years at his/her UNIVERSITY as of the effective date of this Agreement shall receive a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT upon completion of five (5) full consecutive years of employment at his/her UNIVERSITY unless a Regular full-time assistant COACH has been notified prior to the effective date of this Agreement that his/her Contract of Employment will not be renewed. Consecutive full years of employment as a Regular full-time assistant COACH at his/her UNIVERSITY prior to the effective date of this Agreement shall count toward the completion of the required five (5) full consecutive years. If a Regular full-time assistant COACH receives a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT under this Section, the Contract of Employment may, at the sole discretion of the President or his/her designee, be extended annually one (1) additional year.
   C. The President or his/her designee shall provide sixty (60) days notice if the Contract of Employment of a Regular full-time assistant COACH shall not be renewed or extended. Failure to provide the required notice shall result in the extension of the Regular full-time assistant COACH’S Contract of Employment for one (1) additional year. Upon the expiration of the one (1) additional year, the Contract of Employment shall expire without any additional notice by the UNIVERSITY.
5. Regular Full-Time Head COACHES Hired After the Effective Date of this Agreement
   A. Appointment as a Regular full-time head COACH shall be pursuant to a Contract of Employment in the form set forth in Appendix A.
   B. During the first five (5) full consecutive years of employment as a Regular full-time head COACH at his/her UNIVERSITY, the President or his/her designee may, in his/her sole discretion, set the duration of the Contract of Employment or any renewal thereof for up to a maximum of three (3) years. A Regular full-time head COACH whose Contract of Employment is not renewed as provided for above shall be ineligible for rehire in the same sport at his/her UNIVERSITY for two (2) years following the expiration of the Regular full-time head COACH’S Contract of Employment.
   C. After completion of five (5) full consecutive years of employment as a Regular full-time head COACH at his/her UNIVERSITY, a Regular full-time head COACH shall receive a three (3) year ROLL-OVER CONTRACT OF EMPLOYMENT that may, at the sole discretion of the President or his/her designee, be extended annually one (1) additional year.
   D. The President or his/her designee shall provide sixty (60) days notice if the Contract of Employment of a Regular full-time head COACH shall not be renewed or extended. Failure to provide the required notice shall result in the extension of the Regular full-time head COACH’S Contract of Employment for one (1) additional year. Upon the expiration of the one (1) additional year, the Contract of Employment shall expire without any additional notice by the UNIVERSITY.
6. Regular Full-time Assistant COACHES Hired After the Effective Date of this Agreement
   A. Appointment as a Regular full-time assistant COACH shall be pursuant to a Contract of Employment in the form set forth in Appendix B.
   B. During the first five (5) full consecutive years of employment as a Regular full-time assistant COACH at his/her UNIVERSITY, the President or his/her designee may, in his/her sole discretion, set the duration of the Contract of Employment or any renewal thereof for up to a maximum of two (2) years. A Regular full-time assistant COACH whose Contract of Employment is not renewed as provided for above shall be ineligible for rehire in the same sport at his/her UNIVERSITY for two (2) years following the expiration of the Regular full-time COACH’S Contract of Employment.
   C. After completion of five (5) full consecutive years of employment as a Regular full-time assistant COACH at his/her UNIVERSITY, a Regular full-time assistant COACH shall receive a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT that may, at the sole discretion of the President or his/her designee, be extended annually one (1) additional year.
   D. The President or his/her designee shall provide sixty (60) days notice if the Contract of Employment of a Regular full-time assistant COACH shall not be renewed or extended. Failure to provide the required notice shall result in the extension of the Regular full-time assistant COACH’S Contract of Employment for one (1) additional year. Upon the expiration of the one (1) additional year, the Contract of Employment shall expire without any additional notice by the UNIVERSITY.
7. Current Regular Part-Time COACHES
   A. Appointment as a Regular part-time COACH shall be pursuant to a Contract of Employment in the form set forth in Appendix A or B.
   B. A Regular part-time Coach who has completed five (5) full consecutive Contracts of Employment at his/her UNIVERSITY as of the effective date of this Agreement shall receive a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT that may, in the sole discretion of the President or his/her designee, be extended annually one (1) additional year, unless the Regular part-time COACH was notified prior to the effective date of this Agreement that his/her Contract of Employment would not be renewed. Such ROLL-OVER CONTRACTS OF EMPLOYMENT shall be effective upon the expiration of the Regular part-time COACH’S current Contract of Employment or with the beginning of a new Contract of Employment year if a Regular part-time COACH has a multi-year Contract of Employment.
   C. A Regular part-time COACH who has not completed five (5) full consecutive Contracts of Employment at his/her UNIVERSITY as of the effective date of this Agreement shall receive a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT upon completion of the fifth full consecutive Contract of Employment at his/her UNIVERSITY unless a Regular part-time COACH was notified prior to the effective date of this Agreement that his/her Contract of Employment would not berenewed. Consecutive full Contracts of Employment as a Regular part-time COACH at his/her UNIVERSITY prior to the effective date of this Agreement shall count toward the completion of the required five (5) full consecutive Contracts of Employment. If a Regular part-time COACH receives a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT, the Contract of Employment may, at the sole discretion of the President or his/her designee, be extended annually one (1) additional year.
   D.The President or his/her designee shall provide sixty (60) days notice if the Contract of Employment of regular part-time COACH shall not be renewed or extended. Failure to provide the required notice shall result in the extension of the Regular part-time COACH’S Contract of Employment for one (1) additional year. Upon the expiration date of the one (1) additional year, the Contract of Employment shall expire without any additional notice by the UNIVERSITY.
8. Regular Part-Time COACHES Hired After the Effective Date of the Agreement
   A. Appointment as a Regular part-time COACH shall be pursuant to a Contract of Employment in the form set forth in Appendix A or B.
   B. During the first five (5) full consecutive Contracts of Employment as a Regular part-time COACH at his/her UNIVERSITY, the President or his/her designee, may in his/her sole discretion, set the duration of the Contract of Employment or any renewal thereof up to a maximum of two (2) years. A Regular part-time COACH whose Contract of Employment is not renewed as provided for above shall be ineligible for rehire in the same sport at his/her UNIVERSITY for two (2) years following the expiration of the Regular part-time COACH’S Contract of Employment.
   C. After completion of the fifth full consecutive Contract of Employment as a Regular part-time COACH at his/her UNIVERSITY, a Regular part-time COACH shall receive a two (2) year ROLL-OVER CONTRACT OF EMPLOYMENT that may, at the sole discretion of the President of his/her designee, be extended annually one (1) additional year.
   D. The President or his/her designee shall provide sixty (60) days notice if the Contract of Employment of a Regular part-time COACH shall not be renewed or extended. Failure to provide the required notice shall result in the extension of the Regular part-time COACH’S Contract of Employment for one (1) additional year. Upon expiration of the one (1) additional year, the Contract of Employment shall expire without any additional notice from the UNIVERSITY.
9. Other Than Regular Full-Time and Part-Time COACHES
   A. Appointment as other than a Regular full-time or Regular part-time COACH shall be pursuant to a Contract of Employment in the form set forth in Appendix F.
   B. The President or his/her designee may, in his/her sole discretion, set the duration of a Contract of Employment or any renewal thereof for a maximum of up to two (2) years.
10. If a UNIVERSITY decides to drop a sport from the UNIVERSITY’S athletic program, the COACH will be reassigned and the compensation provisions will be honored for the term of the Contract of Employment or until the COACH is employed elsewhere.
11. A President or his/her designee shall retain the right, at his/her sole discretion, to buy-out a Contract of Employment for any reason subject to the compensation and benefit obligations set forth in the Contract of Employment. Such a decision shall not be reviewable in any manner through the grievance and arbitration procedure.
12. If a UNIVERSITY hires a part-time COACH as a Regular full-time COACH and such action results in a change in duties and responsibilities, he/she shall be required to complete five (5) full consecutive years of employment as provided in Sections 5.B. and 6.B. above. Time spent as a part-time COACH at the UNIVERSITY may, at the sole discretion of the President or his/her designee, be counted toward the requirement to complete five (5) full consecutive years of employment at the UNIVERSITY.
13. Any dispute between the COACH and the STATE SYSTEM/ UNIVERSITIES involving the interpretation or application of any provision of the COACH’S Contract of Employment will be subject to resolution through the grievance procedure set forth in Article 4 of this Agreement, except that a President’s or his/her designee’s decision not to renew, extend, or buy-out a Contract of Employment, shall not be subject to review in any manner through the grievance and arbitration procedure.
14. Resignation
    Any COACH who does not intend to return for the following sports year shall so notify the President or his/her designee at the earliest possible time, but not later than sixty (60) days prior to the resignation date.

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ARTICLE 9: LEAVES OF ABSENCE

1. Sick Leave
   A. Accrual
   1. Eligible Regular full-time COACHES (for purposes of this Section “coaches”) shall accrue sick leave at the rate of fifteen (15) days for each 47-week service period.
   2. Eligible Regular part-time COACHES (for purposes of this Section “coaches”) shall accrue sick leave on a pro-rated basis.
   3. Sick leave shall be cumulative from year to year up to a maximum of 300 days. There shall be no compensation for unused sick leave upon separation or if a Contract of Employment is not renewed.
   4. The provisions of this Section shall not preclude the granting of additional sick leave by administrative action.
   B. Usage
   1. Assistant coaches shall submit written requests for sick leave in advance, to the extent possible, to the head coach.
   2. Head coaches shall submit written requests for sick leave in advance, to the extent possible, to the Athletic Director.
   3. Sick leave shall be granted and charged for each day of absence when a coach is scheduled to work, provided that no coach shall be charged more than five (5) days of sick leave for a week and no more than seven and one-half (71⁄2) hours of sick leave per day.
   4. No sick leave shall be used if the reason for the requested sick leave is an accidental injury that occurred while an eligible coach was engaged in remunerative work unrelated to UNIVERSITY duties.
   5. A physician’s statement may be required for absences of three (3) or more consecutive days because of illness or where management has reason to believe sick leave is being abused.
   6. Where sickness in the immediate family requires an eligible coach’s absence from work, a coach may use not more than five (5) days of sick leave in each Contract of Employment year. Immediate family, for purposes of this paragraph, is defined as the following persons: husband, wife, child, step-child, parent, brother or sister of the coach. The UNIVERSITY may require proof of such family sickness in accordance with paragraph B.5. above.
   7. An eligible COACH may use up to five (5) days of sick leave for the death of a spouse, parent, step-parent, child, or step-child and up to three (3) days of sick leave for the death of a brother, sister, grandparent, step-grandparent, grandchild, step-grandchild, brother-in-law or sister-in-law, son-in-law or daughter-in-law, parent-in-law, grandparent-in-law, aunt, uncle, or any relative residing in the COACH’S household.
   C. Payment for Sick Leave on Retirement
   1. A COACH who retires shall be paid for his/her unused sick leave in accordance with the schedule below if they retire in accordance with the conditions in subsection 2:
   
   

   Days Accumulated 10 to 74 days 75 to 149 days 150 to 224 days 225 to 300 days

   Days Paid 10 20 30 40

   
   2. Eligibility for payment under subsection 1 above shall be as follows:
   A. Retirement at age sixty (60) or above with five (5) years of COMMONWEALTH/STATE SYSTEM service as a COACH.
   B. Disability retirement under the State Employees’ Retirement System. For purposes of this subsection, a retirement under TIAA-CREF shall be considered disability retirement if the retiree meets the standards used by the State Employees’ Retirement System in accordance with the procedures provided for in Appendix C.
   C. Retirement under age sixty (60) with at least twenty-five (25) years of COMMONWEALTH/STATE SYSTEM service. The twenty-five (25) years of service need not all be as a COACH but may include periods of COMMONWEALTH/STATE SYSTEM service in other than coaching positions.
   3. A COACH shall not be paid for part days of accumulated sick leave.
   4. If a COACH dies while in active service, unused sick leave shall be paid in accordance with Section 1.C.1. above to the designated beneficiaries of the deceased COACH provided that the COACH would have been eligible under Section 1.C.2. above or the COACH had seven (7) full years of COMMONWEALTH/STATE SYSTEM service. In the event of a work-related death, fifty (50) days of unused sick leave shall be paid to the designated beneficiaries, regardless of the age or number of years of service of the COACH.
   5. No payment shall be construed to add to the credited service of the retiring COACH or to the retirement covered compensation of the member.
   6. Payment for unused sick leave as provided in this Section shall be at the rate of pay of the COACH on the date of retirement.
2. Extended Medical Absences Without Pay
   A. A Regular full-time COACH shall be granted, upon written request, extended leave without pay for illness for a period of at least two (2) consecutive weeks, butnot more than six (6) months. A Regular part-time COACH shall be entitled to extended leave without pay for illness on a pro-rata basis. The request shall be submitted to the Athletic Director, in advance of the leave, if circumstances permit and include proof of illness in the form of a physician’s certificate that shall state a prognosis and an expected date of return. Upon request of the COACH, an extension of up to an additional six (6) months of leave without pay for illness shall be granted, provided the COACH provides proof of continuing illness or disability in the form of a doctor’s certificate that shall state a prognosis and an expected date of return. This extension shall be without benefits.
   B. The leave without pay may continue beyond the expiration date of the Regular full-time and Regular part-time COACH’S Contract of Employment up to the time limits provided for in paragraph 2.A. above.
   C. It is understood that the provisions of this Section are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq, and that leave granted under this Section shall be designated as leave under the provisions of the Family and Medical Leave Act.
3. Civil Leave
   A. COACHES who have not volunteered for jury duty and are called for jury duty or are not a party in a civil or criminal court proceeding but are subpoenaed as a witness to attend such a court proceeding shall continue to receive their rate of pay, as defined in the Contract of Employment, while attending court. Evidence of such duty in the form of a subpoena or other written notification shall be presented to the immediate supervisor as far in advance as practicable.
   B. COACHES who are subpoenaed as witnesses or who are named parties in the following administrative hearings shall continue to receive their rate of pay, as defined in the Contract of Employment, while attending such hearings: Unemployment Compensation Board of Review Referee, Workers’ Compensation Judge, Workers’ Compensation Appeal Board, State Civil Service Commission, and Pennsylvania Human Relations Commission. Evidence of such duty in the form of a subpoena or other written notification shall be presented to the immediate supervisor as far in advance as practicable.
   C. The term “court” as used in this Section is intended to mean only the following courts: Minor Judiciary Court, Court of Common Pleas, Commonwealth Court, and the United States District Court.
   D. COACHES, while performing firefighting duties, civil air patrol activities or civil defense rescue work during a fire, flood, hurricane or other disaster, may be granted leave with pay.
   E. Volunteer participation in firefighting activities, emergency medical technician activities, civil air patrol activities, or civil defense rescue work shall require the prior approval of the President or his/her designee. COACHES absent from work for reasons under paragraph 3.D. of this Section shall be required to obtain a written statement from the fire company, forest unit, emergency management agency or other organization with which he/she served, certifying as to his/her activities during the period of absence.
4. Parental Leave Without Pay
   A. Regular full-time and Regular part-time COACHES (for purposes of this Section - coach) who become parents through childbirth or formal adoption or placement of a child with a coach for foster care shall be granted unpaid parental leave without pay with benefits. The leave entitlement for Regular full-time coaches shall be six (6) months, which may extend the expiration date of the Contract of Employment. Leave entitlement for Regular part-time COACHES shall be pro-rated.
   B. A coach shall submit notification to the immediate supervisor stating the anticipated duration of the leave at least two (2) weeks in advance, if circumstances permit. Such leave shall be granted for a period of time not to exceed six (6) months. Upon the request of the coach and at the discretion of the President or his/her designee, parental leave may be used on an intermittent or reduced-time basis at any time before the parental leave without pay entitlement expires. At the discretion of the President or his/her designee, at the end of the initial six-month parental leave without pay entitlement, an extension of parental leave without pay without benefits may be granted. In no case shall the total amount of leave exceed twelve (12) months. No unpaid parental leave shall be granted beyond one (1) year from the date of birth, of assuming custody of an adopted child, or of placement of a foster child.
   C. In no case shall a pregnant coach be required to leave prior to childbirth unless she can no longer satisfactorily perform the duties of her position.
   D. While a coach is on parental leave, the duties of the position shall either be performed by remaining staff and the position kept vacant, or they shall be performed by a substitute employee.
   E. It is understood by both parties that the provisions of this Section are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq, and that leave granted under this Section shall be designated as leave under the provisions of the Family and Medical Leave Act.
5. Family Care Leave
   A. After completing one year of service, COACHES who are otherwise eligible for Family and Medical Leave absence shall be granted, upon written request, up to twelve (12) weeks of leave without pay with benefits in a calendar year for the purpose of attending to the medical needs of a spouse, parent, son or daughter, or other person qualifying as a dependent who has a serious health condition as defined by the Family and Medical Leave Act of 1993. Leave entitlement for Regular part-time COACHES shall be pro-rated.
   
   Leave for this purpose may be taken one (1) day at a time if necessary. Leave shall be approved for less than one (1) day at a time when medically necessary due to a serious health condition as defined in the Family and Medical Leave Act of 1993.
   
   The request, which shall be submitted at least two (2) weeks in advance if circumstances permit, must include documentation supporting the need for family care leave.
   B. Employer-paid coverage for life insurance, hospital and medical insurance, and supplemental benefits as provided in Articles 11 and 12 will continue for the period of time the COACH is on family care leave under paragraph 5.A. above.
   C. The twelve (12) week entitlement under paragraph 5.A. above may not be extended.
   D. COACHES shall have the right to return to the same position held before going on family care leave.
   E. For the purpose of this Section, “parent” shall be defined as the biological parent of the COACH or an individual who stood in loco parentis to a COACH when the COACH was a child.
   
   For the purpose of this Section, “son or daughter” shall be defined as a biological, adopted, foster child, step-child, legal ward, or a child of a person standing in loco parentis who is: under eighteen (18) years of age; or eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.
   F. The calendar year shall be defined as beginning with the COACH’S first full pay period commencing on or after January 1 and continuing through the end of the COACH’S pay period that includes December 31.
   G. Any eligible COACH who is on family care leave may use paid sick leave, where appropriate, as part of their family care leave. All other periods of leave related to family care leave shall be leave without pay.
   H. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq, and that leave granted under this Section shall be designated as leave under the provisions of the Family and Medical Leave Act.
6. Work-Related Injury Leave
   A. A COACH who sustains a work-related injury as the result of which the COACH is disabled, if so determined by a decision issued under the operation of the Workers’ Compensation Insurance program, shall be entitled to work-related disability leave. Work-related disability leave is a leave of absence for which the COACH will be paid full pay reduced by an amount that yields a net pay, including Workers’ Compensation and Social Security Disability Benefits, that is equal to the COACH’S net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding and Social Security and retirement contributions. Work-related disability leave shall be payable for an aggregate of twelve (12) months or for the duration of the disability, whichever is the lesser. In no case, however, will the aggregate of twelve (12) months extend beyond three (3) years from the date the injury occurred.
   B. There shall be no reduction in credited service under the State Employees’ Retirement Code during the period of time that the COACH is on work-related disability leave.
   C. A COACH who qualifies for work-related disability leaveshall not be entitled to use sick leave during the period of eligibility. If the disability continues, sick leave accumulation may be taken at the expiration of the eligibility period to the extent of such accumulation. Sick leave shall be earned on thirty-four percent (34%) of the work-related disability leave hours used.
   D. A COACH is required to refund to the Employer the amount of the overpayment of pay if an overpayment results because a claim denial is issued under the operation of the Workers’ Compensation Insurance program. In no case shall a COACH be entitled to full pay and Workers’ Compensation and/or Social Security for the period of eligibility. The Employer shall recover any amount in excess of the COACH’S work-related disability leave amount. Failure to apply for or report Social Security or other applicable disability benefits to the Employer will result in the termination of work-related disability leave.
   E. Employer-paid coverage for hospital and medical insurance and life insurance as provided in Articles 11 and 12 will continue for the period of time that the COACH is on work-related disability leave under paragraph 8.A. above.
   F. A COACH has the right to return to the same position held before being disabled, for a period of up to three (3) years from the date the injury occurred, provided the COACH is fully capable of performing the duties of that position. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the COACH does not return to work immediately; or if the COACH retires or otherwise terminates employment. During this period of time between the end of the work-related disability leave and the end of the guarantee in this paragraph, the COACH will be on leave without pay unless the COACH is using sick leave in accordance with 6.C. above.
   G. The compensation for disability retirement shall be in accordance with applicable law.
   H. A COACH who sustains a work-related injury during the period of this Agreement, if so determined by a decision issued under the operation of the Workers’ Compensation Insurance program, may be absent from work with pay on ten (10) occasions without use of sick leave for the purpose of continued medical treatment of the work-related injury for a period of three (3) years from the date the injury occurred. Each absence shall not exceed one work day or the minimum amount of time necessary to obtain the medical treatment, whichever is less, and must be substantiated by a doctor’s certificate verifying that the medical services were necessary and related to the work injury. COACHES shall make reasonable efforts to schedule medical appointments during non-work hours. Verification of the length of the medical appointment may be required. This paragraph is not applicable to any absence for which Workers’ Compensation is payable.
7. Holidays
   A. The provisions of this Section apply only to Regular full-time and Regular part-time COACHES.
   B. The following days shall be recognized as major holidays:
   
   1. New Year’s Day
   2. Memorial Day
   3. Independence Day
   4. Labor Day
   5. Thanksgiving Day
   6. Christmas Day
   
   C. The following days shall be recognized as minor holidays and shall be scheduled by the President or his/her designee. At the request of local APSCUF, the President or his/her designee shall meet and discuss concerning the matter of rescheduling minor holidays:
   
   1. Martin Luther King, Jr.’s, Birthday
   2. Presidents’ Day
   3. Columbus Day
   4. Veterans’ Day
   
   D. Monday shall be recognized as a holiday for all holidays occurring on a Sunday, and Friday for all holidays occurring on a Saturday.
   E. A Regular full-time and a Regular part-time COACH shall continue to receive his/her rate of pay as defined in the Contract of Employment for any holiday listed above provided he/she was scheduled to work on that day and was in active pay status on the day before and the day immediately subsequent to the holiday.
   F. A Regular full-time and a Regular part-time COACH shall earn a minor holiday provided he/she was scheduled to work the actual day a minor holiday is celebrated and was in active pay status on the day before and the day immediately subsequent to the holiday.
   G. A Regular full-time and a Regular part-time COACH who is required to work on a holiday shall be permitted to reschedule the holiday subject to the UNIVERSITY’s responsibility to maintain efficient operations.
   H. If a holiday is observed while a Regular full-time or Regular part-time COACH is on sick leave or other paid leave status, the COACH will receive pay for the holiday and the day will not be charged to sick leave, or other paid leave status.
8. Childrearing Leave
   Regular full-time and Regular part-time COACHES may be granted leave without pay, without benefits, at the sole discretion of the President or his/her designee for the purpose of childrearing, for a period not to exceed two (2) years, which may be extended by the President or his/her designee for an additional two (2) year period. The UNIVERSITY may hire a temporary COACH for the length of the leave of absence, and the Contract of Employment for such temporary COACH shall not be subject to the provisions of Article 8.
9. Miscellaneous Leaves Without Pay
   A Regular full-time and a Regular part-time COACH may be granted a leave without pay at the sole discretion of the President or his/her designee, which discretion shall not be reviewable in any manner through the grievance and arbitration procedure.
10. Out-Service Training
    A. Regular full-time and Regular part-time COACHES may, with the prior written approval of the President or his/her designee, participate in out-service training consistent with the provisions of Management Directive 505.7, as amended during the term of this Agreement.
    B. Allowance for travel expenses in accordance with Article 15, Travel Expenses, may be granted to COACHES on such leave, subject to the availability of funds and to STATE SYSTEM/UNIVERSITY regulations.
11. Military Leave
    COACHES shall be eligible for military leave in accordance with all applicable laws.
12. Personal Leave
    A. Regular full-time COACHES shall be eligible for two (2) personal days per service period.
    B. One (1) personal day shall be earned in each first half of the service period. Eligible COACHES must have thirty (30) days service in compensable pay status in each half of the service period to earn the personal leave entitlement under Section 1 above.
    C. Personal leave shall be scheduled and granted for periods of time requested by an eligible COACH and within an eligible COACH’S service period subject to management’s responsibility to maintain efficient operations. If the nature of the work makes it necessary to limit the number on personal leave, the COACH with the highest total years of service at the UNIVERSITY shall be given his/her choice of personal leave in the event of a conflict in selection.
    D. Personal leave to which an eligible COACH may become entitled shall be granted before it is earned subject to management’s responsibility to maintain efficient operations. An eligible COACH who is permitted to anticipate such leave and who subsequently terminates employment shall reimburse the UNIVERSITY for those days of personal leave taken but not earned.
    E. An eligible COACH who becomes ill while on personal leave will not be charged personal leave for the period of illness provided he/she furnishes satisfactory proof of such illness upon his/her return to work.

ARTICLE 10: COMPENSATION

1. A. The salary and the duties and responsibilities for each COACH who has a Contract of Employment as of the effective date of this Agreement shall not change during the Contract of Employment, unless otherwise provided herein.
   B. The salary to be paid each COACH hired after the effective date of this Agreement, the sport or sports at the UNIVERSITY for which the COACH will be responsible, and his/her duties and responsibilities will be determined by individual negotiations between the UNIVERSITY President, or his/her designee, and the COACH at the time of appointment or as duties and responsibilities change. The salary shall be within the pay ranges for head and assistant COACHES contained in Appendix D.
   C. In no case shall a COACH’S salary exceed the maximum of the appropriate pay range listed in Appendix D during the term of this Agreement.
2. Fiscal Year 2002-03
   A. Effective July 27, 2002
   1. The minimum salary for a full-time head COACH shall be $30,000.
   2. The minimum salary for a full-time assistant COACH shall be $25,000.
   3. The salary for each full-time head and assistant COACH whose salary is below the minimum salary provided for in A.1. and A.2. above shall be increased to the appropriate listed minimum.
   4. The minimum salary for part-time head and assistant COACHES, regardless of the sport that he/she coaches, shall be a percentage of $25,000 for head COACHES and $20,000 for assistant COACHES. The workload percentage assigned to a part-time COACH shall be utilized to calculate the minimum salary for a part-time COACH. For example, the minimum salary for a part-time assistant COACH who is assigned a twenty-five percent (25%) workload shall be twenty-five percent (25%) of $20,000, or $5,000.
   5. The salary of each part-time head and assistant COACH whose salary is below the appropriate minimum as calculated in accordance with A.4. above shall be increased to the appropriate percentage of the minimum salary.
   6. After full-time and part-time COACHES are placed at the appropriate minimum salary as provided for above, all COACHES shall receive a general pay increase of two and one-half (2.5%) percent.
   B. Effective January 1, 2003 All COACHES shall receive a general pay increase of two (2) percent.
3. Fiscal Year 2003-04
   A. Effective July 26, 2003
   1. Each UNIVERSITY shall establish a merit pool, which shall be two and one-half percent (2.5%) of the cumulative value of each COACH’S salary at his/her UNIVERSITY as of the Fall 2003 semester.
   2. Each COACH with at least one (1) year of service at his/her UNIVERSITY shall receive a salary increase based on his/her performance level as noted below:
   
   

   Performance Level Significantly Exceeds Expectations Above Expectations At Expectations Below Expectations Unsatisfactory

   Salary Increase 2.5% 2.0% 1.5% No Increase No Increase

   
   3. The total cost of the merit pay adjustments as provided for in subsection 2 above shall be calculated after the merit increases are awarded. If the total cost of the merit increases is less than the total value of the merit pool as provided for in subsection 1, the residual amount shall be divided by the number of COACHES at the UNIVERSITY with a performance rating of “At Expectations” or above. The result of this calculation then will be added to the base salary of each COACH with a performance rating of “At Expectations” or above prior to implementing the two percent (2%) general pay increase that is effective on January 1, 2003.
   4. . Each COACH shall be evaluated utilizing the evaluation procedure set forth in Article 23 and the Performance Review and Evaluation Document provided for in Appendix E.
   B. Effective January 1, 2004 All COACHES shall receive a general pay increase of two percent (2%).
4. A President or his/her designee may increase the base salary of a COACH or provide a cash payment based on an assessment of exceptional performance. Any such increase or cash payment shall be in addition to the salary increases provided for in this Article, and no monies allocated to the merit pool provided for in 2003-04 shall be used to fund any exceptional increase provided for in this Section. Decisions to award or not award such increases or cash payments shall not be subject to review through the grievance and arbitration procedure. The President or his/her designee shall provide local APSCUF with written notice of any such increases or cash payments and the reasons therefore at least one (1) week in advance of the effective date.
5. In addition to the salary adjustments provided for in this Article, a President or his/her designee may, at his/her sole discretion, authorize an additional salary adjustment in order to meet pay equity requirements. Any such salary adjustment shall be in addition to the salary increases provided for in this Article.
6. Salary adjustment decisions shall not be reviewable in any manner through the grievance and arbitration procedure.

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ARTICLE 11 HOSPITAL AND MEDICAL INSURANCE AND SUPPLEMENTAL BENEFITS

1. The STATE SYSTEM shall, at its sole cost and expense, continue the current practice of providing each eligible Regular full-time COACH with coverage under the present Blue Cross/Blue Shield/Major Medical (BC/BS/MM) Plan hereinafter referred to as the “Indemnity Plan.” The STATE SYSTEM shall provide dependency coverage where the dependents of the Regular full-time COACH qualify under such plan.
2. Coverage under the Indemnity Plan shall cease on the date a COACH terminates employment. For purposes of this section, termination does not include death. For surviving dependents of deceased COACHES, when the last day of employment falls between the 1st and the 14th of the month, coverage will end on the last day of that month. When the last day of employment falls between the 15th and the last day of the month, coverage will end on the 14th of the following month.
3. The STATE SYSTEM shall continue the current practice of providing those COACHES who are designated as a Regular part-time COACH by the UNIVERSITY with fifty percent (50%) STATE SYSTEM paid coverage under the Indemnity Plan as provided for in Sections 1 and 2 above. In addition, it shall provide fifty percent (50%) STATE SYSTEM paid dependency coverage where the dependents of the Regular part-time COACH qualify under such plan.
4. Regular full-time COACHES and Regular part-time COACHES who are expected to be in active pay status at least fifty percent (50%) of the time every pay period in his/her service period will continue to be provided with benefits, at the STATE SYSTEM’s sole cost and expense, in accordance with the Management Benefits Program.
5. Regular full-time and Regular part-time COACHES who are granted leave without pay for reason of illness or parental leave without pay may continue to receive benefits under the State System of Higher Education Group Health Plan (SSHEGHP) and supplemental benefits under the Management Benefits Program for up to six months. Regular full-time COACHES and Regular part-time COACHES who are granted family care leave may continue to receive benefits under the SSHEGHP and supplemental benefits under the Management Benefits Program for up to twelve (12) weeks. The STATE SYSTEM shall continue to pay the entire SSHEGHP premium for Regular full-time COACHES and fifty percent (50%) of the premium for Regular part-time COACHES. The STATE SYSTEM shall continue to pay the entire premium under the Management Benefits Program.
6. Regular full-time COACHES and Regular part-time COACHES who are placed on suspension or who are granted leave without pay for any reason other than illness, parental leave, or family care leave for longer than one (1) full pay period, or on leave without pay for illness or childbirth longer than six (6) months, or family care leave longer than twelve (12) weeks will be permitted to continue coverage under COBRA provisions or on a direct pay basis.
7. Eligible Regular full-time and Regular part-time COACHES (for purposes of this Section “coaches”) shall be provided a choice between enrollment in the Indemnity Plan, a Health Maintenance Organization (HMO), the Point-of-Service (POS) Plan, or similar health plan with which the STATE SYSTEM has made contractual arrangements. Eligible coaches shall be those determined by the health plans in accordance with the eligibility provisions of the SSHEGHP. The choice among plans shall be operated as follows:
   A. The option to elect coverage in a plan shall be made available to those eligible coaches who reside within the service area of the plan.
   B. The amount and kind of benefits available to coaches shall be those offered by the plan and contracted for by the STATE SYSTEM.
   C. The option to elect coverage under a plan shall be available during annual open enrollment periods designated by the STATE SYSTEM and the plans. Eligible coaches who are newly hired or transferred into a plan’s service area may elect that plan or the Indemnity Plan option at that time. Coaches who leave the service area or who are dissatisfied with an HMO or other health plan may elect coverage in the indemnity plan.
   D. The STATE SYSTEM shall contribute to the HMO or other health plan for each eligible coach subscriber an amount not to exceed that which it would pay under Section 1 above based on the regular Indemnity Plan individual or multiparty rate component appropriate for the geographic area in which the HMO or other health plan is located. Additional costs, if any, of an HMO, POS, plan or other health plan shall be paid for by the coach through payroll deductions.
   E. If coach payroll deductions are required and coaches are placed on leave without pay for reason of illness or parental leave without pay, benefits shall be continued for up to six (6) months or twelve (12) weeks for family care leave without pay, only if the coaches continue to pay his/her share of the premium. If the coach does not pay his/her share of the premium, coverage under the HMO or other health plan will be canceled and he/she will be permitted to continue coverage under COBRA provisions or on a direct pay basis.
8. A. The STATE SYSTEM shall allow each Regular full-time and Regular part-time COACH who was eligible as an active Regular full-time or Regular part-time COACH under the SSHEGHP to elect coverage upon retirement under the present Indemnity Plan, or another approved plan if available, under the Annuitant Health Care Program (AHCP). In addition, dependency coverage shall be allowed where the dependents of the annuitant qualify under such plan. The STATE SYSTEM shall contribute to the HMO or other health care plan for each annuitant subscriber an amount not to exceed that which would have been contributed to the Indemnity Plan for the appropriate geographic area in which the HMO or other health care plan is located. Additional costs, if any, shall be paid by the annuitant.
   B. COACHES who retire, are covered under the AHCP, and are eligible for Medicare Part B will be required to enroll in Medicare Part B in order to continue comprehensive medical coverage. The STATE SYSTEM shall continue to provide the Blue Shield 65-Special Supplement.
9. The STATE SYSTEM shall continue to pay the entire cost of coverage it paid under the SSHEGHP for annuitants who retire under the provisions of paragraphs A, B or C below and who have elected coverage under the AHCP. For purposes of this Section, “credited service” for eligible COACHES hired on July 1, 1997, and after shall only include actual service with the STATE SYSTEM or COMMONWEALTH and shall not include other types of service purchasable for retirement credit.
   A. Retirement at or after superannuation age with at least ten (10) years of credited service in the State and/or Public School Employees’ Retirement Systems, except that an eligible COACH who leaves STATE SYSTEM employment prior to superannuation age, vests retirement benefits and subsequently retires at or after superannuation age must have had twenty-five (25) years of credited service on the date of termination of employment in the State and/or Public School Retirement Systems. For purposes of this paragraph, superannuation under TIAA-CREF shall be sixty (60) years of age with at least ten (10) years of COMMONWEALTH/STATE SYSTEM and/or public school service. For purposes of this paragraph, for eligible COACHES who began employment July 1, 1997, and after, the service requirement shall be fifteen (15) years rather than ten (10) years.
   B. Disability retirement, that requires at least five years of credited service in the State or Public School Employees’ Retirement Systems. For purposes of this paragraph, retirement under TIAA-CREF shall be considered disability if the retiree meets the same disability retirement standards used by the State Employees’ Retirement System in accordance with the procedure provided for in Appendix C.C.
   
   Other retirement, including retirement under TIAA-CREF, with at least twenty-five (25) years of credited service in the State and/or Public School Employees’ Retirement System.
   
   For purposes of this paragraph, TIAA-CREF members who began employment before July 1, 1997, may receive retirement credit that they would be entitled to purchase under the rules of the State Employees’ Retirement System (SERS) for military service, for service in other public colleges and universities, and for other permissible service credit purchase. Such retirement credit must be certified as eligible by SERS as creditable under its rules. In addition, a one-time cash payment must be made to the COACH’S TIAA-CREF account, which payment shall be calculated by SERS under its rules and practices. The COACH shall cause TIAA-CREF to certify that the payment has been made.
10. It is understood that the references to Indemnity Plan, HMO Plans, and the POS Plan in this Article shall not restrict the STATE SYSTEM’s right, after consultation with APSCUF, to replace Blue Cross and Blue Shield, an HMO, or POS with other insurers/administrators, provided equivalent coverage, benefits, and employer contributions are maintained.

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ARTICLE 12: LIFE INSURANCE

1. The STATE SYSTEM/UNIVERSITIES shall continue to assume the entire cost of the life insurance coverage for eligible COACHES as set forth in the currently existing life insurance plan as modified by Section 2. The amount of the insurance is based on the COACH’S salary in effect on the preceding January 1, rounded to the nearest $1,000, but not to exceed $50,000.
2. Eligible COACHES who are granted leave without pay due to illness or parental leave will continue to receive one hundred percent (100%) STATE SYSTEM paid coverage under the current life insurance plan for up to six (6) months. Eligible COACHES who are granted family care leave without pay will continue to receive one hundred percent (100%) STATE SYSTEM paid coverage under the current life insurance plan for up to twelve (12) weeks.
3. Eligible COACHES who are placed on suspension or who are granted leave without pay for any reason other than illness, parental leave, or family care leave for longer than one (1) full pay period may remain in the program for up to one (1) year by paying the entire premium.
4. The STATE SYSTEM/UNIVERSITIES shall continue to provide each eligible COACH who is covered under the currently existing life insurance plan with fully paid accidental death benefits for work-related accidental deaths. The amount of coverage is $20,000, unless the survivor or minor children are entitled to benefits under Act 101 of 1976.

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ARTICLE 13: RETIREMENT

1. COACHES shall have the option to elect retirement under the State Employees’ Retirement System, the Public School Employees’ Retirement System, or TIAA-CREF in accordance with COMMONWEALTH rules and regulations then obtaining. In addition, they shall continue to enjoy those other retirement benefits that are currently provided under applicable laws. The amount to be contributed by the STATE SYSTEM (in the event of a selection of TIAA-CREF) shall be calculated at the rate actuarially determined exclusively by the State Employees’ Retirement Fund for each COACH.
2. The parties shall meet and discuss during the term of the Agreement concerning aspects of the COMMONWEALTH’S retirement program that are of mutual interest.
3. The provisions of this Article shall not be subject to the provisions of Article 4, Grievance Procedure and Arbitration.

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ARTICLE 14: MAINTENANCE OF MEMBERSHIP AND CHECK-OFF

1. Maintenance of Membership. All COACHES who are members of APSCUF as of the date of ratification of this Agreement, or who thereafter during its term become members of APSCUF, shall, as a condition of continued employment, maintain their membership in APSCUF for the term of this Agreement, provided, however, that any such COACH may resign from membership in APSCUF during the period of fifteen (15) days prior to the expiration of the Agreement (June 16, 2004 through June 30, 2004) by sending a certified letter (return receipt requested) to APSCUF headquarters, Harrisburg, Pennsylvania, and a copy to his/her personnel office. The letter shall be postmarked between June 16 and June 30, inclusive, and shall state that the COACH is resigning his/her membership and, where applicable, is revoking his/her check-off authorization. The payment of dues and assessments while he/she is a member shall be the only requisite employment condition.
2. Check-off.
   A. The STATE SYSTEM/UNIVERSITIES agree to deduct in biweekly installments the regular annual dues of APSCUF from the pay of those COACHES who individually request in writing that such deductions be made. The amount(s) to be deducted shall be certified in writing by APSCUF to the STATE SYSTEM/ UNIVERSITIES and the aggregate deductions from all COACHES shall be remitted monthly to APSCUF, together with an itemized statement containing the names of the COACHES from whom the deductions have been made and the amount so deducted from each one. The aforesaid remittance shall be made by the last day of the month following the month in which such deductions have been made. Each COACH’S written authorization shall be irrevocable for the term of this Agreement but may be revoked at the expiration thereof, as provided in Section 1 above.
   B. The STATE SYSTEM/UNIVERSITIES shall provide APSCUF, on a quarterly basis, a list of COACHES in the bargaining unit. This list shall contain the COACH’S name, Social Security number, address, University, and whether the COACH is a member or non-member.
   C. APSCUF shall indemnify and hold the STATE SYSTEM/ UNIVERSITIES harmless against any and all claims, suits, orders or judgments brought or issued against the STATE SYSTEM/UNIVERSITIES as a result of the action taken or not taken by the STATE SYSTEM/UNIVERSITIES under the provisions of this Article.
3. D. The STATE SYSTEM/UNIVERSITIES and APSCUFhereby agree that all non-members of APSCUF shall be subject to a fair sharefee as provided for in Act 84 of 1988 (S.B. 291)and any amendments thereto.|
   E. The STATE SYSTEM/UNIVERSITIES further agree to deduct a fair sharefee bi-weekly from all COACHES in the bargaining unit who are not members of APSCUF.
   
   Authorization from non-members to deduct fair share fees shall not be required. The amounts to be deducted shall be certified to the STATE SYSTEM/UNIVERSITIES by APSCUF, and the aggregate deductions of all employees shall be remitted together with an itemized statement to APSCUF by the last day of the month following the month in which such deductions have been made.

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ARTICLE 15: MISCELLANEOUS CONDITIONS

1. Unemployment Compensation. COACHES shall be eligible for unemployment compensation benefits as provided by law.
2. The STATE SYSTEM/UNIVERSITIES shall continue the current practice of providing office space and equipment.
3. The STATE SYSTEM/UNIVERSITIES shall hold a COACH harmless of and from any and all claims, suits, orders, or judgments arising as a result of any action taken as a COACH in the ordinary course of employment.
4. Rules, regulations, policies, or practices relating to wages, hours, and terms and conditions of employment now existing and not in conflict with this Agreement shall remain in effect unless modified, amended, or eliminated in the same manner as they had been adopted. The provisions of this Section shall be subject to Article 4, GRIEVANCE PROCEDURE AND ARBITRATION, only with respect to whether the procedure used to modify, amend, or eliminate the rules, regulations, policies, or practices was the same procedure used to establish the rules, regulations, policies, or practices. This Section shall not be applicable to any rule, regulation, or policy that governs athletic competitions or the STATE SYSTEM/UNIVERSITY’S participation in the NCAA, PSAC, or any other athletic conference.
5. Performance of Bargaining Unit Work
   No bargaining unit work may be assigned to any other person except insofar as coaching duties may be assigned to faculty members in the bargaining units certified as PERA-R-775-C and PERA-R-1354-C. This provision shall not prohibit the use of volunteer coaches, dollar-a-year coaches, graduate assistants, or teaching associates provided that such coaches are not used to fill vacancies created by the resignation, retirement, non-renewal, or termination of salaried COACHES.
6. Tuition Waivers Effective with the start of the fall semester of 2001, the STATE SYSTEM/ UNIVERSITIES shall modify their tuition waiver policy to provide for the following:
   A. Total waiver of UNIVERSITY tuition for a Regular full-time COACH at the UNIVERISTY where the Regular full-time COACH is employed.
   B. Total waiver of UNIVERSITY tuition for the spouse of a Regular full-time COACH at the UNIVERSITY where the Regular full-time COACH is employed. This waiver shall be applicable to the Regular full-time COACH’S spouse until he/she obtains his/her first undergraduate degree.
   C. Total waiver of UNIVERSITY tuition for Regular full-time COACH’S children at the UNIVERSITY where the Regular full-time COACH is employed. This waiver of tuition at the Regular full-time COACH’S UNIVERSITY shall be applicable to the Regular full-time COACH’S children until the children obtain their first undergraduate degree or until they reach the age of twenty-five (25), whichever comes first. This waiver of tuition shall continue to the limits stated above if the Regular full-time COACH should, after ten (10) or more years of service, become permanently disabled or die.
   D. Fifty percent (50%) waiver of UNIVERSITY tuition for Regular full-time COACH’S Children at UNIVERSITIES other than the UNIVERSITY where the Regular full-time COACH is employed. This waiver of tuition shall be applicable until the children obtain their first undergraduate degree or until they reach the age of twenty-five (25), whichever comes first.
   E. Tuition waiver shall continue to the limits stated in Sections 6.B. and 6.C. above for Regular full-time COACHES who meet all of the following conditions:
   a. he/she is retired from the UNIVERSITY;
   b. he/she is at or above the retirementsuperannuation age; and
   c. he/she has served ten (10) or more years in the STATE SYSTEM.
   F. The provisions of existing tuition waiver policies at UNIVERSITIES shall not be diminished or adversely affected by the provisions of this Section.
   G. “First undergraduate degree” is defined as a bachelor’s degree granted by any university.

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ARTICLE 16: TRAVEL EXPENSES

1. A. A COACH who is authorized by the STATE SYSTEM/UNIVERSITIES to travel on official business shall be paid for expenses actually incurred in accordance with the STATE SYSTEM’s travel and subsistence allowance regulations. If the General Services Administration of the federal government increases or decreases the mileage allowance for employees under its jurisdiction, the mileage allowance for COACHES will be increased or decreased on the effective date of the General Services Administration change. If a COACH is authorized to travel and authorized to use his/her own vehicle, he/she shall be reimbursed pursuant to these regulations.
   B. Reasonable efforts will be made to process travel expenses promptly.
   C. Travel expenses incurred by a COACH when traveling to Meet and Discuss or other APSCUF related matters shall not be reimbursed by the STATE SYSTEM/UNIVERSITIES.
2. Team Travel
   A. For the 2001-2002 academic year, the UNIVERSITY shall transport COACHES, student athletes, equipment, and other support personnel to and from all intercollegiate athletic competitions if such transportation was provided in the past. This provision shall not prohibit a UNIVERSITY from providing transportation when no transportation was provided in the past. COACHES shall not be required to drive after midnight or before six (6) a.m., except at the discretion of the head COACH.
   B. Effective with the Fall 2002 semester, each UNIVERSITY shall transport COACHES, student athletes, equipment, and other support personnel to and from all intercollegiate athletic competitions. COACHES may, however, elect to drive a UNIVERSITY vehicle with the approval of the Athletic Director.
   C. All expenses actually incurred by a COACH during team travel shall be reimbursed in accordance with the State System Travel and Subsistence Allowances Regulations except that when rooms are not available at the State System-approved reimbursement rate, reimbursement shall be at the actual rate, if pre-approved by an appropriate representative of management.

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ARTICLE 17: AGREEMENT AGAINST STRIKES AND LOCK-OUTS

1. During the term of this Agreement there shall be no strike, as that term is defined in the Public Employee Relations Act, by any COACH. It is also understood that no officer, representative or official of APSCUF shall in any fashion authorize, assist or encourage any such strike during the term of this Agreement.
2. Neither the STATE SYSTEM nor the UNIVERSITIES shall lock-out any COACH(ES) during the term of this Agreement.
3. Should a strike in violation of this Article occur during the term of this Agreement, APSCUF shall, within twenty-four (24) hours of the start of such strike or at the request of the STATE SYSTEM/UNIVERSITIES:
   A. Publicly disavow the strike action by the COACHES in all available communications media;
   B. Advise the STATE SYSTEM/UNIVERSITIES in writing that such COACHES’ action has not been authorized or sanctioned by APSCUF;
   C. Advise COACHES at the UNIVERSITIES where the strike is taking place that it has not sanctioned and has disapproved of the strike action, and APSCUF shall instruct the COACHES to return to work immediately.
4. The STATE SYSTEM/UNIVERSITIES reserve the right in their sole discretion to discipline, suspend, or discharge any COACH(ES) who violates the provisions of Section 1 of this Article.
5. Compliance with the foregoing provisions of this Article shall be deemed full compliance with APSCUF’s obligations under this Article. APSCUF shall have no other obligations or liabilities to the STATE SYSTEM/UNIVERSITIES under this Article.

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ARTICLE 18: LEGISLATIVE ACTION

1. In the event that any provision of this Agreement requires legislative action to become effective, including, but not limited to, amendment of existing statutes, the adoption of new legislation, the passage of the STATE SYSTEM budget or the granting of other appropriations, the provision shall become effective only if such legislative action is taken. The parties, however, mutually agree that each will make such appropriate but separate recommendations to the Legislature that each deems necessary to give force and effect to the provisions of this Agreement. It is agreed by the parties that the provisions of this Section shall not be subject to the provisions of Article 4, GRIEVANCE PROCEDURE AND ARBITRATION, of this Agreement.
2. The STATE SYSTEM and APSCUF shall each separately and in good faith attempt to have introduced and support legislation that each party independently deems is necessary to implement a provision of this Agreement. Where the parties mutually agree upon the need for implementing legislation and the form and language of that legislation, they will lend full support to the introduction and passage of such mutually agreed upon legislation. It is agreed by the parties that the provisions of this Section shall not be subject to the provisions of Article 4, GRIEVANCE PROCEDURE AND ARBITRATION, of this Agreement.
3. In the event that legislation, which both parties mutually agree is necessary, is not passed with respect to a specific subject matter, the parties hereto shall have the right to re-negotiate regarding the subject matter.

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ARTICLE 19: SEPARABILITY

1. In the event that any provision of this Agreement is found to be inconsistent with statutes or ordinances, the provisions of such statutes or ordinances shall prevail, and, if any provision herein is determined to be invalid and unenforceable by a court or other authority having jurisdiction, such provision shall be considered void, but all other valid provisions hereof shall remain in full force and effect.

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ARTICLE 20: TOTALITY OF AGREEMENT

1. The parties acknowledge that this Agreement represents the results of collective negotiations between said parties conducted under and in accordance with the provisions of Act195 and constitutes the entire Agreement between the parties for the term of this Agreement or any extensions thereof. Each party waives his/her right to bargain collectively with the other with reference to any other subject, matter, issue or thing, whether specifically covered here or wholly omitted herefrom, whether or not said subject was mentioned or discussed during the negotiations preceding the execution of this Agreement.

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ARTICLE 21: SUCCESSORS

1. This Agreement shall be binding upon the parties hereto, and their heirs, executors, administrators, successors and assigns of each, in accordance with applicable labor law. The STATE SYSTEM shall notify APSCUF in writing at least thirty (30) days in advance of any sale, lease, transfer or assignment of any of the UNIVERSITIES to political subdivisions or bodies, corporations, or persons.

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ARTICLE 22: DISCIPLINE AND DISCHARGE

1. A Contract of Employment for a COACH may be terminated in advance of the expiration date for any of the reasons listed below. In the event a President or his/her designee terminates a COACH for any reason listed below, he/she shall give written notice, specifying the reasons, to the affected COACH. Termination for any of the reasons listed below shall be reviewable through the grievance and arbitration procedure only to the extent that an arbitrator can determine if the offense occurred as charged. If an arbitrator determines the offense occurred as charged, the discharge shall stand. If an arbitrator determines the offense was not committed as charged, the COACH shall be reinstated with all back pay and benefits as provided by this Agreement.
   A. A major infraction of the NCAA rules or any other athletic governing association (as distinguished from athletic conference), of that the UNIVERSITY is a member.
   B. Conviction of a felony.
2. Except as provided for in Section 1 above, a COACH may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined prior to the expiration date of his/her Contract of Employment only for just cause. In the event a President or his/her designee believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected COACH, and the COACH shall have the right to grieve solely and by means of and in compliance with the procedure provided for in Article 4, Grievance Procedure and Arbitration.
3. A copy of the written notice of termination or other discipline shall be mailed to the local APSCUF grievance chairperson and State APSCUF on the day the written notice is mailed or delivered to the COACH, whichever is earlier.
4. If a terminated COACH contests his/her termination by filing a grievance, such grievance will be handled in an expeditious fashion in the steps of the grievance procedure. If the grievance is not resolved by the third step of the grievance procedure and APSCUF requests that the grievance be submitted to arbitration, the parties will make a good faith effort to schedule the grievance for hearing before an arbitrator within ninety (90) days, or sooner if possible, of the date the request for arbitration is received by the STATE SYSTEM/UNIVERSITIES.
5. Investigation of Complaints Against Coaches
   A. This Article is not intended to replace the current complaint procedures that exist for filing discrimination complaints or complaints that may be processed under NCAA rules and regulations, PSAC rules and regulations in existence as of the effective date of this Agreement, or any other athletic conference rules and regulations of which the UNIVERSITY is a member.
   B. The STATE SYSTEM and APSCUF recognize that it may be necessary to investigate complaints against COACHES prior to making a disciplinary decision. When appropriate, attempts should be made to resolve complaints informally. In those cases in which complaints are not resolved informally, the principles below shall apply:
   1. If the UNIVERSITY determines to conduct an investigationof a complaint, either verbal or written, it shall be initiated and concluded within a reasonable amount of time. Absent unusual circumstances, the decision to conduct a formal investigation shall be made within twenty (20) days of receipt of the complaint.
   2. The COACH accused of wrongdoing must receive a copy of the written complaint prior to the commencement of an investigatory interview or pre-disciplinary conference. In the event a written complaint is not submitted, the individual assigned to conduct the investigation shall prepare a written summary and provide a copy of the summary to the COACH prior to commencing an investigatory interview or pre-disciplinary conference. The COACH may provide APSCUF a copy of the written complaint or summary if he/she so desires. If the COACH has obtained APSCUF representation and the COACH has no objection, a copy of the complaint or the written summary shall be provided to APSCUF. Upon receipt of the complaint by the COACH and/or APSCUF, it shall be treated as confidential by all parties and may only be shared with those persons necessary to prepare a response to the complaint.
   3. Upon request, a COACH shall be entitled to an APSCUF representative during any meeting in which allegations are to be made that the COACH reasonably believes could lead to discipline.
   4. If the complainant is a student who is a member of the COACH’S team, the investigation may be deferred, and the complainant’s name need not be disclosed until after the end of the season.
   5. If an investigation is expanded beyond its original scope, the COACH shall be advised immediately. APSCUF shall also be advised, if the COACH has obtained APSCUF representation and has no objection.
   6. The COACH accused of wrongdoing shall be advised that he/she is prohibited from taking retaliatory action against the complainant or any other person and that such action may result in a separate disciplinary action.
   7. This Article shall supplement and by no means shall diminish the rights of any COACH, APSCUF, or the STATE SYSTEM/UNIVERSITIES under any law, including the Pennsylvania Public Employee Relations Act.

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ARTICLE 23: ANNUAL PERFORMANCE REVIEW AND EVALUATION

1. The annual performance review and evaluation process is a method of assessing performance and providing an opportunity for continuous professional development and shall also be used as a basis for providing merit increases as provided for in Article 10. These processes are intended to be supportive of a COACH’S desire for continuing professional growth and excellence. With this orientation, the evaluation of COACHES will contribute to the ongoing improvement of the athletic programs of the UNIVERSITIES.
2. Categories of Performance Review and Evaluation
   The following categories shall serve as the uniform system-wide basis for the evaluation of COACHES at each UNIVERSITY. These categories shall be applied in the performance review and evaluation of all COACHES for any purpose that evaluations are used in this Agreement. When evaluating the data, the appropriate evaluator(s) shall give greater weight to the quality of the performance reflected in the data than to the quantity of the data. Evaluations will not be based on a single datum. A combination of all appropriate data will be used in evaluating overall performance of professional responsibilities.
   
   When preparing a COACH’S overall evaluation, each UNIVERSITY shall consider the following factors:
   A. Fulfillment of professional responsibilities, which shall include criteria such as performance of job duties and responsibilities, team progress and development and quality of sports strategies, efforts to promote the academic success of the student athletes, compliance with rules and regulations of the NCAA and other athletic conferences of which the UNIVERSITY is a member, compliance with existing PSAC rules and regulations, and character development of student athletes.
   B. Professional Growth and Development, which shall include criteria such as participation in NCAA, PSAC or other appropriate conferences of which the UNIVERSITY is a member, offices held in athletic conference administration or other professional organizations, participation in panels at conferences or professional meetings, publications, and contributions to professional growth of one’s peers.
   C. Service, which shall include criteria such as participation in UNIVERSITY committees at all levels, activity contributing to the governance of the UNIVERSITY (that may include APSCUF activity), participation in UNIVERSITY-wide colloquia, membership in professionally oriented and community-based organizations, speaking to and consulting with community organizations, and promotion of alumni relations.
3. Student Athlete and Peer Evaluations
   A. Student athlete evaluations and peer evaluations by other COACHES shall be part of the performance evaluation process at each UNIVERSITY.
   B. The evaluation instruments and the procedures for student and peer evaluations shall be determined by agreement between local APSCUF and the UNIVERSITY no later than November 1, 2002.
4. Evaluation Schedule
   COACHES shall be evaluated after the semester in which the season ends in accordance with the schedule agreed to by local APSCUF and the UNIVERSITY.
5. Process
   A. COACHES shall be evaluated annually by the Athletic Director and the appropriate Vice President shall serve as the reviewing officer. Each UNIVERSITY shall utilize the Performance Evaluation and Review Document provided for in Appendix E.
   B. The Athletic Director shall observe COACHES in at least one (1) full competition or three (3) hours of competition and one (1) full practice or two (2) hours of practice, whichever is less.
   C. Head COACHES shall prepare a self-evaluation that shall be provided to the Athletic Director.
   D. Assistant COACHES shall prepare a self-evaluation that shall be provided to the head COACH. The head COACH shall prepare his/her evaluation and provide the assistant COACH with an opportunity to discuss his/her evaluation prior to submission of the evaluation to the Athletic Director.
   E. Student athlete and peer evaluations shall be available to the COACH, the evaluator and reviewing officer.
   F. The Athletic Director shall provide a written performance evaluation in accordance with this Article. The Athletic Director’s evaluation shall take into account his/her knowledge and personal observation of the COACH’S performance, the COACH’S self-evaluation, and peer/student evaluations. The COACH shall be provided with an opportunity by the Athletic Director to discuss the draft performance evaluation. A copy of the Athletic Director’s draft performance evaluation shall be provided to the COACH prior to discussion with the Athletic Director. The Athletic Director shall provide a copy of his/her final evaluation to the COACH and the reviewing officer.
   G. A COACH shall be allowed to offer written comments regarding his/her evaluation by the Athletic Director. Such comments shall be attached to the evaluation, which shall then be filed in the official personnel file.
   H. In addition to the right described in G above, in the event a COACH disagrees with the Athletic Director’s evaluation, the COACH may request a meeting with the reviewing officer. If, as a result of such discussions, adjustments are made to the original evaluation, the COACH shall be provided a copy of the adjusted evaluation and the original evaluation shall be destroyed. The adjusted evaluation shall be placed in the official personnel file. A COACH shall be allowed to offer written comments regarding his/her adjusted evaluation. Such comments shall be attached to the adjusted evaluation that shall then be filed in the official personnel file.
   I. If a reviewing officer attaches any comments to a COACH’S evaluation, a copy of his/her comments shall be sent to the Athletic Director and the COACH.
   J. Whether or not a COACH asserts his/her rights described in G or H above, the reviewing officer shall sign each COACH’S evaluation as follows:
   1. Sign his/her concurrence without changes;
   2. Adjust the evaluation as described in H above and sign; or
   3. Add comment