The Rector Rectoral Decree No. 186 of 9 September 2011 on issuing Regulations for the awarding of teaching contracts for degree programmes at LUISS Libera Università Internazionale degli Studi Sociali Guido Carli pursuant to article 23 of Law No. 240 of 30 December 2010 THE RECTOR - Having regard to Law Decree No. 580 of 1 October 1973 ratified, with amendments, by parliament as Law No. 766 of 30 November 1973. - Having regard to Law No. 240 of 30 December 2010 on “Rules governing the organisation of universities, academic personnel and recruitment as well as delegation of authority to the government to legislate to incentivise quality and efficiency in the university system”. - Having regard to the Independent Statutes of LUISS Libera Università Internazionale degli Studi Sociali Guido Carli. - Having regard to the General University Regulations of LUISS Libera Università Internazionale degli Studi Sociali Guido Carli. DECREES AS FOLLOWS Article 1 The “Regulations for the awarding of teaching contracts for degree programmes at LUISS Libera Università Internazionale degli Studi Sociali Guido Carli pursuant to article 23 of Law No. 240 of 30 December 2010” are hereby issued. Article 2 The Regulations referred to in the preceding article 1 shall enter into force the day after they are affixed on the University’s notice board. Article 3 The rules referred to in articles 25 and 29 of Presidential Decree No. 382 of 11 July 1980 remain in force until 31 December 2014. Prof. Massimo Egidi LUISS | Viale Pola 12 | 00198 Roma | tel. 06 852 25 221 - 325 | fax 06 841 29 54 | www.luiss.it REGULATIONS for the awarding of teaching contracts for degree programmes at LUISS Libera Università Internazionale degli Studi Sociali Guido Carli pursuant to article 23 of Law No. 240 of 30 December 2010 (proposed by the Academic Senate at its sitting of 13 July 2011 and approved by the Board of Directors at its meeting of 19 July 2011) Article 1 Subject Matter These Regulations, issued to implement article 23 of Law No. 240 of 30 December 2010, govern the manner and procedures whereby LUISS Libera Università Internazionale degli Studi Sociali Guido Carli awards teaching contracts in order to meet teaching needs. Article 2 Eligibility The awarding of the contracts referred to in article 1 of these Regulations does not grant rights in relation to tenure at the University and may relate to: a. first and second level professors, fixed-term professors (professori straordinari) and fixedterm researchers belonging to the same department that is seeking to award the contract or other departments of the University; b. the individuals referred to in the preceding subparagraph a., permanent researchers, longterm appointees (incaricati stabilizzati) and assistants (assistenti del ruolo ad esaurimento) fulfilling the requisites laid down by article 50 of Presidential Decree No. 382 of 11 July 1980 who have taught for three years pursuant to article 12 of Law No. 341/90, with adequate academic and professional requisites, belonging to other Italian universities; c. those who fulfil the requirements referred to in the preceding subparagraphs a. and b. who are retired as at the date of publication of the announcement; d. individuals appointed within university structures who have undertaken adequate teaching and research, including foreign mother tongue lecturers under article 28 of Presidential Decree No. 382/80 and the language experts and collaborators referred to in Law No. 236/1995; e. highly qualified experts with a significant academic or professional curriculum, who are employees of other administrations, bodies or enterprises, pensioners or self-employed individuals with an annual gross income of not less than € 40,000.00; f. acclaimed foreign professors, scholars or professionals; g. individuals with adequate academic and professional requisites. Article 3 Commencement of the Procedure After assessing teaching needs and consulting with the Academic Senate, the Department Executive (giunta di dipartimento) may submit a proposal to the Executive Committee (comitato esecutivo) to issue announcements for teaching positions to be filled through awarding privatesector contracts broken down by academic discipline. The announcement shall state the details set out hereunder: a. the type of contract for which the list of qualified persons is being drawn up: teaching contract; b. the academic discipline; c. the relevant department; d. the requirements, procedures and deadlines (normally 20 November) for participating in the comparative evaluation process; e. the criteria for and manner of the comparative evaluation of the candidates, with reference to academic publications, experience or professional skills required. 1 The notice shall also specify the periods during which one can submit applications to update the lists (normally between 20 October and 20 November) in subsequent years after the first one. The vacancy notice shall be adequately publicised through posting it on the website of LUISS Guido Carli. Article 4 Requisites for the Submission of Applications Applications to participate may be submitted by persons who fall within one of the categories specified in article 2 of these Regulations and who fulfil the requirements stated in the specific announcement they are replying to. The Department Executive may limit participation in the comparative procedure on the basis of fulfilment of certain individual requirements as specified in article 2. Article 5 Deadline for and Method of Submitting Applications Applications to participate in the comparative evaluation procedure referred to in these Regulations must be sent to the Department Head (direttore di dipartimento) by and no later than the deadline specified in the vacancy notice. Applications are to be submitted in the manner stated in the announcement. The deadline for submission of applications may not be shorter than 15 days and runs from the day after the date of publication of the notice. Applications must be accompanied by: - an academic and professional curriculum vitae; - a list of qualifications and publications; - a list of professional activities undertaken. Article 6 Candidate Comparative Evaluation Procedure and General Evaluation Criteria The comparative evaluation of the candidates who have submitted applications is done by a commission consisting of three tenured professors appointed by the relevant Department Head within 5 days after the passing of the deadline for submitting applications. Should the Department Head not make the appointments in time, the commission shall be appointed on an administrative basis by drawing from among the following on the basis of seniority and assuring a homogeneous distribution of appointments: tenured professors, where possible, pertaining to the academic discipline that the announcement concerns, belonging to the relevant LUISS Guido department. Unless otherwise decided the commission is chaired by the longest serving tenured professor. The comparative evaluation shall be informed by the criteria set out in these Regulations, having regard to teaching needs. The teaching and academic strength of candidates shall be assessed having regard to their curriculum, qualifications, expressly mentioned publications and teaching and professional experience. Teaching-academic output shall be evaluated taking into account the originality of the results achieved, the methodological rigour displayed and relevance to the academic discipline that the announcement concerns. Finally, the continuity of candidates’ academic output over time shall also be a further element of evaluation. 2 Candidates’ professional activities shall be evaluated taking into account the position held, the results attained, the work context and any other useful elements. Other evaluation criteria, if provided for in the announcement, are: 1. the coordination of teaching and academic initiatives, aimed at attaining the strategic objectives of LUISS Guido Carli’s own education plan; 2. proficiency in one or more foreign languages; 3. international experience in the academic discipline that the announcement concerns; 4. important work experience gained abroad. To the extent that they are provided for in the announcement, the following are preferential qualifications: 1. research doctorate or equivalent, awarded in Italy or abroad; 2. national teaching qualification (abilitazione scientifica nazionale); 3. teaching and research undertaken as part of official university courses; 4. professional activities undertaken at senior level in important national/international enterprises, professional firms or consultancy firms. Article 7 List of Qualified Individuals At the end of the proceedings, on the basis of the criteria set out in the preceding article, the commission shall come to an overall judgment on each candidate. On the basis of the comparative evaluation and within 60 days after the deadline for the submission of applications, the commission shall draw up a list of qualified individuals to whom teaching contracts can be awarded. That list, approved by the Department Executive, shall be valid for five academic years, during which time it shall be updated by including thereon the names of the candidates who submit applications from 20 October to 20 November for subsequent years after the first one and who are judged to be qualified following a comparative evaluation procedure done in the manner referred to in article 6. Article 8 Awarding of Contracts Having regard to its own specific teaching and academic needs and on the basis of the judgments expressed by the commission, at the earliest opportunity the Department Executive that organised the comparative evaluation may – by reasoned resolution approved by majority vote and after consulting with the Academic Senate – submit a proposal to the Executive Committee to award teaching contracts to one or more of the candidates adjudged to be qualified. The Department Executive may decide not to award any teaching contracts should it maintain that none of those on the list of qualified individuals adequately satisfy the University’s teaching needs or should the course not actually start up. The Executive Committee approves the awarding of teaching contracts, which are signed by the General Manager (direttore generale). Candidates shall be given detailed information on the University’s offer, specifying: a. the duration, indicating the relevant academic year; b. the gratuity, the remuneration, if any, or the criteria for its determination; 3 c. d. the type of teaching commitment that will be required and the number of hours to be devoted to lectures; the deadline by which acceptance must be communicated. If for any reason whatsoever the candidate does not accept the offer made or in the event of termination of the contract pursuant to article 18, the University may proceed to replace him or her with other suitable candidates drawn from the list. Article 9 Exceptions to the Selection Procedure After consulting with the Academic Senate and acting on a proposal from the Department Executive, the Executive Committee may directly award teaching contracts to the following individuals without the need to go through the evaluation procedure set out in the preceding articles: 1. the tenured faculty referred to in article 2, subparagraphs a., b. and c.; 2. eminent Italian and foreign scholars who have gained academic and/or professional recognition nationally and internationally; 3. scholars who have been regularly engaged in teaching and research abroad at university level for at least three years; 4. scholars who occupy an equivalent academic position in university institutions, including foreign ones; 5. scholars who have already undertaken at least three years of teaching and research in Italian universities subsequent to being directly hired on foot of a Ministry of Universities and Research authorisation granted within the context of the “Brain Gain” programme. Article 10 Acclaimed Foreign Professors, Scholars and Professionals Without prejudice to the provisions of the preceding article 9, in order to foster the University’s internationalisation, the Executive Committee – acting on a proposal from the Rector, after consulting with the Academic Senate and subject to publishing the candidate’s curriculum on the University’s website – may award teaching contracts to any individual falling with article 2, subparagraph f., utilising funds donated ad hoc by private individuals, business or foundations if needs be. The remuneration payable under contracts awarded in accordance with the preceding paragraph is determined by the Executive Committee on the basis of an appropriate comparison with similar appointments made by other European universities. The contracts are signed by the General Manager. Article 11 Agreements with Public and Private Bodies The Department Executive may propose that teaching contracts that are free of charge and without cost for the University be directly awarded to experts belonging to public or private bodies with whom agreements have been signed, including employees of: the scientific research and testing institutes referred to point 6 of the table annexed to Law No. 70 of 20 March 1975 as amended; Higher Institute of Health (ISS); 4 Higher Institute of Occupational Safety (ISPESL); Italian Institute of Occupation Medicine (IIMS); National Statistics Institute (ISTAT); industrial testing stations; Research Centre, Experience and Studies for Military Applications (CRESAM); “Giancarlo Vallauri” Naval Institute for Telecommunications and Electronics (Marinateleradar); Trieste Research Area; bodies equivalent to those listed above. Article 12 Remuneration The minimum remuneration for the contracts referred to in these Regulations is determined by decree of the Ministry of Education in conjunction with the Ministry of the Economy and Finance. Article 13 Free Contracts The contracts referred to in these Regulations may be free of charge if entered into with persons who already earn employment income documented through appropriate self-certification. Article 14 Term of the Appointment and Renewal Teaching appointments are normally annual and as a rule run from 1 November of the relevant academic year, and may be renewed for an overall term not exceeding 5 years. Article 15 Rights and Duties of Contract Holders Contract professors must attend meetings of academic bodies in accordance with the provisions of the Statutes and university regulations. In any case, they may not participate in the deliberations of academic bodies concerning: 1. the awarding of tenured positions; 2. the awarding of teaching contracts governed by these Regulations; 3. tenured positions or in any event matters in connection therewith. Contract professors sit on exam commissions both for individual courses and for the final degree exam. Contract professors shall keep an up-to-date register in which they must, from time to time, note the lessons held, the topics taught and the other matters associated with their job. The said register must be delivered to the department secretariat during the academic year. Article 16 Incompatibility In the event of being awarded a teaching contract, before signing it any candidate who is a public sector employee must deliver the University an ad hoc authorisation issued by his or her employer in accordance with applicable law. 5 To that end when signing the contract the individual concerned must submit appropriate selfcertification to the effect that his or her public service commitments are compatible with the teaching activities envisaged by the contract. The authorisation and compatibility must be valid for the entire term of the contract. Contract professors undertake not to engage in any activity during the term of the contract that gives rise to a conflict of interest, actual or potential, and that could in any event prejudice LUISS Guido Carli. Article 17 Social Security and Insurance As regards social security, the contracts referred to in these Regulations are governed by the provisions of article 2, paragraphs 26 et seq., of Law No. 335/95 as amended. Where necessary the University will arrange insurance coverage against injuries and civil liability for the faculty referred to in these Regulations within the context of the performance of their duties. Article 18 Termination of the Contract Contracts shall make provision for termination as of right in the following cases: 1. unjustified failure to or delay in starting work; 2. unjustified suspension of work for a period longer than a week. Article 19 Kinship Restrictions The procedure for the awarding of contracts under these Regulations is not open to persons who are related, by blood or marriage up to the fourth degree inclusive, to a professor belonging to the hiring department, the Rector, the General Manager or a member of the Board of Directors. Article 20 Transitional and Final Provisions In order to enable the evaluation procedure to be correctly undertaken and the impact on the relevant offices to be reduced, in the initial phase of application the General Manager may decide that the lists of qualified individuals referred to in article 7 of these Regulations are to be valid for a period of between five and eleven academic years. In the initial phase of application the deadlines referred to in article 7, paragraph 2, are reduced to 30 days. While awaiting the issuance of the ministerial decree referred to in article 4, paragraph 3, of Ministerial Decree of 8 July 2008 that will determine economic terms, the remuneration payable is that set out in Annex A hereto. 6 Annex A to the Regulations for the awarding of teaching contracts pursuant to article 23 of Law No. 240/2010 Remuneration table for the academic year for contract faculty at Departments CONTRACT FOR AN OFFICIAL COURSE Contracts awarded to non-tenured faculty at LUISS Number of credits 4/5 6/7 8 or more Gross remuneration Three-year bachelor’s degree Master’s degree programmes and programmes and 1st, 2nd and 3rd 4th and 5th years of the single-cycle years of the single-cycle degree degree programme in law programme in law € 3,500.00 €4,500.00 € 5.500.00 € 6,000.00 € 10.500.00 € 11,000.00 Contracts awarded to tenured faculty at LUISS Number of credits 4/5 6/7 8 or more Gross remuneration Three-year bachelor’s degree Master’s degree programmes and programmes and 1st, 2nd and 3rd 4th and 5th years of the single-cycle years of the single-cycle degree degree programme in law programme in law € 4,500.00 €5,500.00 € 6.500.00 € 7,000.00 € 12.500.00 € 13,000.00 CONTRACT FOR AN OFFICIAL FOREIGN LANGUAGE COURSE Gross remuneration (for 20 hours of lectures) € 2,350.00 N.B. The remuneration set out in this table is a gross all-inclusive fixed sum. Therefore, no reimbursement of expenses is envisaged. 7