UMCP Agreement for Appointment to Non-Tenure Track Research, Clinical, Extension or Professor of the Practice Faculty Positions

BY THIS AGREEMENT, the University of Maryland, College Park, an institution of the University System of Maryland, which is an agency of the State of Maryland (“the University”), and ______(“the Appointee”) agree as follows:

  1. Appointment. Appointee is appointed as a ______[INSTRUCTIONS: MUST use a UM approved title]on a _____% of full time appointment, within the Department of ______in the Collegeof ______, subject to the provisions herein. This is neither a tenured position nor a tenure-track position. Service rendered does not count toward a tenure clock. No obligation exists as to any employment beyond the term set forth in Paragraph 3, below.
  1. Salary. Appointee shall be paid at the rate of $______for____ [9 OR 12]months service.
  1. Term. This appointment is for a term beginning ______[for 9 mo.: August 23 OR for 12 mo. July 1, unless a mid-yr appt].and ending ______[for 9 mo.: May 22 OR for 12 mo. June 30], unless earlier terminated in accordance with this Agreement. The appointment creates no right, preference, entitlement or expectancy on behalf of the Appointee to be employed by the University for any other term or purpose. Unless this contract is renewed, and except as provided in paragraphs 4 and 5 below, this appointment shall terminate automatically at the conclusion of the stated term.
  1. Termination Prior to End of Appointment. This Agreement may be terminated prior to the end of the term by the University as follows:
  2. Upon delivery of written notice by the University. If the appointment is on a full-time basis for a term not less than one academic year, the notice period is based on continuous full-time service in the appointee’s rank. If such service is less than seven years, the notice period is at least ninety days. If such service is seven years or more, the notice period is six months. Except when the agreement is terminated in accordance with paragraphs 4(b) through 4(e) below wherein no notice is required, in all other cases the notice period termination is at least thirty (30) days. If the length of notice of termination required cannot be completed within the time remaining in the term, this may be remedied by extending the Agreement by the number of days necessary to complete the notice requirement.

OR

  1. Upon the discontinuance of the department, program, school or unit in which the appointment is made.

OR

  1. For a lack of appropriations or other funds with which to support the appointment, provided such termination complies with the applicable faculty retrenchment procedures set forth in II-8.00(B) University of Maryland Procedures for the Termination of Faculty Appointments During Fiscal Crisis.

OR

  1. Upon expiration of the research funds, service contract income, gifts or grants from which the compensation is paid, provided 50% or more of the compensation for this appointment is derived from research contracts, service contracts, gifts or grants.

OR

  1. For cause, at any time and without prior notice.
  1. Notice of Non-Renewal. Faculty appointed on a full-time basis for a term not less than one (1) academic year shall receive notice of non-renewal of their appointment based upon their length of continuous full-time service in that rank. If such service is less than seven (7) academic years, at least ninety (90) days notice is required. If such service equals or exceeds seven (7) years, at least six (6) months notice is required. In all other cases, the notice period is at least thirty (30) days. If the length of required notice of non-renewal cannot be completed within the time remaining in the term or is not provided prior to the end of the term of the then-current contract, this condition may be remedied by extending the contract by the number of days necessary to meet the notice requirement. Delivery of Notice of Termination under paragraph 4(a), above, shall satisfy the requirements of notice of non-renewal under this paragraph 5. Notwithstanding any other provisions of this Agreement to the contrary, notice of non-renewal is not required when an Agreement is terminated in accordance with paragraphs 4(b) through 4(e) or not renewed for the reasons set forth in paragraphs 4(b) through 4(e).
  1. University System Governing Policy. This appointment is governed by the applicable provisions in paragraphs I.C.1 through I.C.15 of the University System of Maryland Policy on Appointment, Rank, and Tenure of Faculty (II-1.00). Those paragraphs are incorporated by reference into this Agreement and are accessible at
  1. Policies General. The Appointee shall be subject to all applicable policies and procedures duly adopted or amended from time to time by the University or the University System of Maryland. Except as provided in paragraph 6, above, such policies and procedures are not incorporated into this Agreement and are subject to change. The University agrees that if it changes a policy or procedure, it will not deprive the Appointee of any monetary payment the right to which has accrued under the previous policy or procedure. Such changes will be made in accordance with all applicable established procedures of the University System of Maryland and the University.
  1. Assignment of Intellectual Property. Appointee understands that, consistent with applicable laws and regulations, IV-3.20(A) University of Maryland Policy on Intellectual Property at (“IP Policy”) governs the ownership, handling and use of intellectual property; i.e., copyrightable works, including software and computer programs; and inventions, whether or not patentable, created by University employees. Appointee has read the IP Policy and agrees to comply with its terms and conditions, as it may be amended from time to time. Consistent with the IP Policy, and in consideration of Appointee’s employment by and compensation from the University of Maryland, Appointee’s ability to participate in projects administered by the University and his/her ability to use and access to University facilities and resources, Appointee agrees (a) to assign and does hereby assign to the University of Maryland all rights, title and interests in all inventions, whether or not patentable; all copyrightable works, and all computer programs and software, whether protectable by copyright or patent law (collectively, “Intellectual Property”), that Appointee conceives, reduces to practice, and/or authors, in whole or in part, that the University is entitled to own and does own pursuant to the IP Policy. Appointee understands that this present assignment includes but is not limited to all inventions Appointee conceives or reduces to practice in the course of performing University Sponsored Research and/or using University Resources Beyond Those Usually and Customarily Provided unless otherwise agreed to in writing with the University (collectively, “University Intellectual Property”). Appointee also agrees to disclose University Intellectual Property promptly to the Office of Technology Commercialization or other office designated by the University and to undertake such other actions as the University may request to document and effect the assignment of rights in University Intellectual Property to the University.
  1. Benefits Eligibility.

[INSTRUCTIONS: Refer to the Faculty Eligibility for Benefits Chart in completing the agreement. CHECK those benefits for which the faculty member is eligible]

As a faculty member of the University of Maryland, based on length of service and percentage of full time appointment, Appointee is entitled to the benefits as indicated below, provided they meet the terms of the applicable policy:

Leave for Jury Service: USM Policy II-2.50

___Accident Leave: USM Policy II-2.30(C)

___Annual and Personal Leave: USM Policy II-2.40

___Sick Leave: USM Policy II-2.30; UM Policy II-2.30 (A)

___Family and Medical Leave: USM Policy II-2.31

___Leave Without Pay: USM Policy II-2.20; UM Policy II-2.20 (A)

___Tuition remission for self: USM Policy VII-4.10; UM Policy VII 4.10(A)

___Tuition remission for spouses & dependents: USM Policy VII-4.20; UM Policy VII 4.20(A)

___Health benefits

___Retirement benefits

Faculty Parental Leave and other Family Supports USM II-2.25; UM II-2.25 (A)

  1. Additional Terms.

[INSTRUCTIONS:These terms may not be inconsistent with paragraphs 1-9 and 11-14 of the Agreement and may not be inconsistent with the University System of Maryland and University policies and procedures to which the Appointee is subject pursuant to paragraph 7 of the Agreement.]

In the event any of the Additional Terms set forth herein in paragraph 10 conflict with the terms of paragraphs 1-9 and paragraphs 11-14, the terms of paragraphs 1-9 and paragraphs 11-14 shall prevail.

______

  1. Verification of Credentials. Upon its request, Appointee agrees to have sent to the University certified copies of any transcript(s) reflecting the award of degree(s) listed as received on the Appointee’s curriculum vitae. Further, upon its request, Appointee agrees to provide the University evidence of employability as required by the United States Immigration Laws. Appointee agrees the employment of Appointee is terminable by the University if at any time Appointee fails to provide the above transcripts or evidence.
  1. Controlling Law. This Agreement shall be construed according to the laws of the State of Maryland without reference to its conflicts of laws rules.
  1. Entire Agreement. The terms and conditions stated above constitute the entire Agreement between the parties. This Agreement may not be modified except by means of a written amendment to this Agreement signed by the University and the Appointee.
  1. Limited Offer of Employment. Until signed by both the Appointee and the University below, this Agreement constitutes only an offer of employment by the University and not a contract between the parties. This offer of employment expires if a signed original is not returned by Appointee and received by the University by ______.

______

Signature of AppointeeDate

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Signature of ChairTitleDate