ARTICLE 1

Recognition

The Board of Trustees of the West Valley-Mission Community College District, hereinafter referred to as “Board” or “District”, recognizes the Association of College Educators of the West Valley-Mission Community College District, hereinafter referred to as “ACE” or “Association” as the sole and exclusive representative of the academic members in the classes and positions enumerated in PERB Certification, Case Number SF-R-658, attached hereto and incorporated herein by reference in the Appendix.

ARTICLE 2

Severability and Savings

If any provision or application of this agreement to any member or group of members is held invalid by operation of law, decision by a court or decision by another tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions not affected shall continue in full force and effect.

In the event of any such invalidation, the parties agree to meet and negotiate within thirty (30) calendar days after each such determination for the purpose of arriving at a mutually agreeable resolution to the invalidated provision.

ARTICLE 3

Waiver of Negotiations

This agreement shall constitute the full and complete contractual commitment between the parties. During the term of this agreement, the Board and the Association expressly waive and relinquish the right to meet and negotiate on any matter unless mutually agreed.

Such waiver does not, however, preclude negotiations for any subsequent new collective bargaining agreement commenced within the last one hundred twenty (120) calendar days of this contract’s agreed duration or in fulfillment of negotiation rights contained within any provision of this agreement.

ARTICLE 4

Nondiscrimination

4.1 The Board and the Association agree to comply with all applicable provisions of Title VII and Title IX of the United States 1964 Civil Rights Act, as amended in 1972. The Board and the Association agree expressly not to unlawfully discriminate against any member or prospective member on the basis of race, color, creed, national origin, religion, sex, age, marital status, sexual orientation or physical handicap.

4.2 The Grievance Procedure herein may not be used for any claim arising hereunder for which another administrative forum, such as the Equal Employment Opportunities Commission or Fair Employment and Housing Commission is provided by law. For purposes of this Article, the Public Employment Relations Board shall not be considered an administrative forum.

4.3 The District shall implement required changes in state or federal laws or regulations. Any bargainable impacts of such changes shall be referred to negotiations.

4.4 The Board agrees to maintain and implement a policy of academic freedom as agreed in collegial consultation with the Academic Senate.

ARTICLE 5

Effect of Agreement

It is understood and agreed that the specific provisions contained in this agreement shall prevail over written District practices and procedures.

ARTICLE 6

Past Practices

6.1 The District is not bound by any unwritten past practice of the District or understandings with any member or group of members unless such practice or understandings are specifically stated within this agreement.

6.2 The District shall consult with ACE in accordance with Association Rights “Consultation” Article 8, Section 8.8, with the intent to reach a mutual agreement regarding changes in unwritten past practice alleged by either party during the duration of this agreement.

ARTICLE 7

District Rights

7.1 The Association recognizes and agrees that the exercise of the express and implied legal powers, rights, duties and responsibilities by the Board, e.g., the adoption of policies, rules, regulations and practices in furtherance of these powers, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this agreement.

7.2 The District agrees that, in regard to a declared emergency and decisions made thereon, the Association shall have the right to subject such declaration and decisions made thereon to the provisions of the Grievance Procedure, Article 48.

ARTICLE 8

Association Rights

8.1 No Reprisals

The Association and the Board agree that no reprisals will be taken against any person who legally exercises rights guaranteed by law or this agreement, or who executes responsibilities imposed by law or this agreement.

8.2 Negotiations with Other Organizations

The Board and its authorized representatives agree not to negotiate with any other organizations or individuals, including the Academic Senate, upon matters for which ACE is the exclusive representative, on matters within the scope of bargaining. ACE agrees that neither it nor its authorized representatives will negotiate privately or individually with any person or persons not officially designated by the Board as its official representative in matters upon which ACE is the exclusive representative within the scope of bargaining.

8.3 Meetings and Use of Facilities

ACE shall have the right to use District facilities at reasonable times in accordance with the District regulations and procedures and State Civic Center Act provisions. Use of such facilities shall not interfere with or interrupt normal District operations. ACE agrees to leave facilities used in a clean and orderly condition or compensate the District for special janitorial/maintenance work required, at cost. No member shall be released from his/her assigned duties to attend ACE meetings without the District’s consent, in advance, unless specifically provided for in some other provision of this agreement.

8.4 ACE Business

A reasonable number of duly authorized representatives of the Association may transact official business on campus property at times other than their scheduled duty assignments. Reasonable access to members will be accorded provided it does not occur during member’s hours of scheduled assignments and does not interfere with normal District operations.

8.5 Notification

ACE shall provide the District each semester, and update as required, the names of ACE representatives authorized to discuss official ACE business with members.

8.6 Bulletin Boards/Mailboxes

8.6.1 ACE shall have the right to use institutional bulletin boards and mailboxes, subject to reasonable regulations, without charge.

8.6.2 All communications must be dated and contain ACE identification as the originator/distributor.

8.6.3 With advance approval by the College President to the ACE President, audio–visual equipment not being required for District use may be used on campus for ACE business. ACE will assume any damage or repair costs.

8.7 INFORMATION TO ASSOCIATION

8.7.1 Board Agenda/Minutes

The District shall furnish five (5) copies of all official Board minutes and five (5) copies of each agenda packet to ACE, excluding all confidential information or materials as defined by applicable law. Such materials shall be furnished to ACE no later than the time they are furnished to the Board.

8.7.2 Policies and Regulations

8.7.2.1 The District will provide ACE copies, simultaneous with distribution to management, of any changes, additions, alterations or deletions in order to maintain one (1) book of Board Policies and one (1) of Administrative Regulations.

8.7.2.2 Written materials governing conditions of employment of members of the unit, such as rules, procedures, guidelines or work requirements that are distributed by the District or colleges to members or groups of members shall be provided to ACE.

8.7.2.3 The District will provide once annually, one month after the beginning of the Academic year, a list of regular/contract members, home addresses, and telephone numbers on record with the District; for associate faculty, six (6) weeks after the beginning of the Academic year. A member (regular, contract or associate) who does not want their home address or phone number on such a list shall notify the Director of Human Resources in writing annually by the first Friday in September. The District will update, by additions and deletions, six (6) weeks after the Spring Semester begins. ACE agrees it shall indemnify and hold District harmless from any liability from any and all claims, demands, lawsuits or other actions arising from implementation or compliance with the terms of this section by the District.

8.7.2.4 Upon request, ACE shall be provided with one (1) copy of materials and data which is made available to the public, without charge. Requests for more than one (1) copy, or requests for materials or data in formats not normally issued, shall be charged to ACE in an amount not to exceed costs.

8.7.2.4.1 The District shall provide, at the time of submission to the Board, one (1) copy of each preliminary, tentative and publication budget packet; one (1) copy of “CCAF-311, CCAF-320 and CCFS-350A;” and access to all financial data system reports from which the data is taken.

8.7.2.4.2 Other budget/study data prepared by the District for general usage may be made available, upon request to and approval by the Chancellor or designee.

8.8 ASSOCIATION/DISTRICT CONSULTATION

Parties agree relationships may be facilitated by consultation meetings. Either party may request a consultation meeting where they believe a resolution of a problem or problems may be feasible. The party requesting such a meeting shall, in writing, submit an agenda to allow understanding of the problem to be discussed, and the date, time and place requested. The receiving party shall, within three (3) workdays, notify of agreement or non-agreement to such meeting. Such meeting shall not be unreasonably denied. All meetings shall be held during ACE attendees' non-duty hours. Neither party shall have more than three (3) representatives at any such meeting unless mutually agreed prior to the meeting. It is agreed these meetings are not to be used or intended to bypass the grievance procedure and shall not constitute any invitation to re-negotiate any provision of this agreement.

8.9 ACE RELEASE TIME

8.9.1 Negotiations

A maximum of five (5) members shall be released from their regular work duties, with no loss of pay or benefits, to attend negotiation meetings with management when scheduled during working hours of the members involved. The District shall provide ACE with .2 release time, per semester, for each of a maximum of four negotiators.

ACE Negotiators must submit to the District the names of the courses and the numbers of the sections which the negotiator could have taught if it were not for negotiations. This must be submitted by the first Friday in May.

8.9.2 Grievances

The ACE grievance officer, if not a classroom instructor, may be released from regular work duties with no loss of pay or benefits to accompany a grievant to present a grievance. Whenever possible, meetings will be arranged outside the scheduled assignment of all parties.

8.9.3 Release Time Compensation

8.9.3.1 Two full-time equivalents (FTE), per year, shall be provided to the Association, to be paid for by the Association.

8.9.3.2 The cost of the first 1.5 FTE will be paid by the Association at 50% of Step 1 of the Associate Faculty rate. The remaining FTE will be calculated at step 1 of the lecture rate.

8.9.3.3 Release time will not be provided if the District reasonably determines the department will be impaired.

8.10 COPIES OF AGREEMENT

The District agrees to print and publish a sufficient number of copies to provide each member a copy of the agreement. ACE may purchase additional copies, up to two hundred (200) in number.

8.11 REPRESENTATION/SERVICE FEE

8.11.1 Member Rights

The District and ACE recognize the right of members to form, join and participate in lawful activities of member organizations and the equal, alternative right of members to refuse to form, join and participate in employee organizations. Neither party shall discriminate against a member in the exercise of these alternative rights.

8.11.1.1 Accordingly, membership in ACE shall not be compulsory. A member has the right to choose either: (1) to become a member of ACE; or (2) to pay to ACE a fee for representation services; or (3) to refrain from either of the above courses of action upon the grounds set forth in Section 8.11.3.2 that follows below.

8.11.2 Unit Members’ Obligation to Exclusive Representative

A member employed for a semester or a full school year who does not qualify as an exemption as set forth in Section 8.11.3.2 below, and who has not voluntarily made application for membership in ACE within thirty (30) days of either the beginning of the fall semester or the date upon which said member has been employed by the District, whichever is later, must, as a condition of employment in the District, pay annually or monthly, to ACE, a representation/service fee in exchange for representation services necessarily performed by ACE in conformance with its legally imposed duty of fair representation on behalf of said member. A member employed for less than one semester (short term) who does not qualify as an exemption as set forth in Section 8.11.3.2 below, and who has not voluntarily made application for membership in ACE within two (2) days of the date upon which said member has been employed by the District, must, as a condition of employment in the District, pay the representation/service fee for the time period they are employed.

8.11.3 Definition of Representation Fee

The representation/service fee to be collected from non-ACE members shall be equal to, but not exceed, the periodic dues and general assessments of ACE.

8.11.3.1 Representation/Service Fee Schedule

The District and ACE agree that each member shall pay his/her fair share for representation services. The District and ACE agree that the representation/service fee schedule set forth constitutes the appropriate determination of the fair share of the representation/service fee for each class of bargaining unit members. Members who are temporarily assigned to an administrative position, who are on voluntary leave without pay, and members who are on laid-off status, shall be exempt from these provisions. Within ten (10) days of the member’s return to paid faculty status, the member shall once again fulfill requirements of Section 8.11.1.1 herein.

8.11.3.2 Members Exempted From Obligation to Pay

Any member may be exempted from payment of any representation/ service fees to ACE if that person is a member of a religious body whose traditional tenets or teachings include conscientious objections to joining or financially supporting an “employee organization” as defined in Section 3540.1(d) of the Government Code. Members seeking such exemption will be required to submit to ACE and the District a notarized letter signed by an official of the bona fide religion, body or sect certifying that person’s membership and the date the membership was initiated. If the exemption is granted, ACE shall notify the member and the District in writing and shall require that, as an alternative to payment of a representation/service fee to ACE, the member shall pay an amount equivalent to such representation-service fee to:

a. West Valley-Mission Community College - Scholarship Fund

Scholarships from the “West Valley-Mission Community College — Scholarship Funds” shall be awarded to students of the District on the basis of need and scholastic achievement only. The fund, including earned interest, shall be administered by ACE for this purpose. A list of scholarship-endowed accounts to which members may contribute is available in the Advancement Foundation Office.

8.11.3.3 As provided in Government Code Section 3548.3, if a member who qualifies under Section 8.11.3.2 requests the assistance of ACE in using the conciliation and grievance procedure set forth in Article 48, or in representing the member in individual issues related to terms and conditions of employment, ACE may charge the member for the reasonable cost of providing these services.

8.11.4 Payment Method

Any members who are not exempted from payment under Section 8.11.3.2 above may pay annually, at the beginning of each school year before the end of the first pay period of District employment or re-employment, the properly determined representation/service fee directly to ACE; or

8.11.4.1 As an alternative to the annual payment method, in accordance with Section 8.11.2 of this agreement, a member may voluntarily sign and deliver to the District within thirty (30) days of either the beginning of the fall semester or the date said member was employed by the District, a written authorization to deduct the properly established representation/ service fee as defined in Section 8.11.3 above. Upon receipt of a voluntary authorization duly completed and executed, the District will deduct from the pay of members and pay to ACE the normal and regular monthly representation/service fee.

8.11.4.2 In the event that a member who is not exempted from payment under Section 8.11.3.2 does not pay annually the representation/service fee directly to ACE pursuant to Section 8.11.4, or does not voluntarily sign and deliver to the District an authorization for monthly payment of the representation/service fee, ACE shall require in writing that the District deduct from the pay of the member and pay ACE the normal and regular monthly representation fee without the approval of the member. In such case, the District shall begin automatic payroll deduction as provided in Education Code Section 87834 for the representation/service fees. There shall be no charge to ACE for such mandatory representation/service fee deductions.

8.11.4.3 Prior to making such a payroll deduction pursuant to Section 8.11.4.2, ACE shall certify to the District in writing that the member whose pay is to be affected by the deduction has (1) not joined ACE; (2) not voluntarily tendered the amount of the representation/service fees defined herein; and (3) has not qualified for an exemption under Section 8.11.3.2 herein. ACE shall also notify the member in writing that, due to the member’s failure to fulfill any of the above three (3) requirements, ACE has requested the District to begin automatic payroll deduction of the representation/service fee. ACE shall provide the District with a copy of said written notice to the member. Thereafter, the District will begin the automatic deductions.

8.11.4.4 The District shall immediately notify ACE if any member revokes a payroll deduction form required by this article, or if it has knowledge that an academic member has failed to comply with this article.

8.11.4.5 Upon receipt of notice from the District pursuant to Section 8.11.4.4 that a member has revoked his or her payroll deduction, or if a member has otherwise failed to comply with the requirements of this article, ACE shall notify each member involved that compliance with this article is a condition of continued employment as specified in Government Code Section 3540.1(k)(2) and that, if he or she does not comply, he or she will be dismissed from employment with the District as required by this article. Such notice shall be sent to the member by certified mail with a copy to the Director of Human Resources.

8.11.4.6 If any member who has been sent the notice prescribed by Section 8.11.4.5 does not, within 30 days from the date of the notice, either authorize the deduction of dues, service fees or scholarship contributions, or pay directly to ACE the full amount due for the academic year, ACE may send a written request to the Chancellor, with a copy to the member, that the member be dismissed. Upon receipt of the request, the District shall commence disciplinary action either to dismiss the member for cause or, if the member is an associate member, to terminate the member’s re-employment preference, if any, and all associated service credit.

8.11.4.7 The District is under no obligation to make payroll deductions for periods during which a member is either terminated from employment or not on the District’s payroll for any reason, including, but not limited to, layoff and voluntary leave of absence for more than thirty (30) days.

8.11.4.8 Upon the re-hiring of any member, or upon the recalling of a member from layoff status, the District will treat such member as a new member, in terms of service fees.

8.11.5 Hold Harmless and Indemnify Provision

ACE shall hold the District harmless, and shall fully and promptly reimburse the District, for any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes or challenges which are actually brought against the District in connection with the administration or enforcement of any section in this article pertaining to representation/service fee.

8.11.5.1 Upon notice that the District is going to seek indemnification or be held harmless under this provision, ACE shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above shall be compromised, resisted, defended, tried or appealed.

8.11.5.2 In determining whether or not such actions shall be compromised, resisted, defended, tried or appealed, the District will defer to ACE’s interests if the District does not have a distinct and separate legal interest in the disputed matter.

8.11.5.3 The District shall not be entitled to be reimbursed for any costs for which ACE was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any reimbursement when the District’s efforts in defending against such action would be duplicative, or when the District does not have a separate and distinct interest to defend.

8.12 Reassigned Time

Twelve and one-third FTE (185 hours) of assigned time shall be distributed between the colleges each semester. One FTE shall be given to the Health Occupations program each semester. The division of the remaining eleven and one-third FTE between the colleges will be computed as part of the District budgeting process. Each college administration, in consultation with the Division Chairs Council, may distribute assigned time in a manner which best meets the needs of each college. The division between the colleges of this assigned time will be computed and revised, if necessary, each year. ACE will be notified in writing by May 12 of any change in distribution for the following year.

ARTICLE 9

Maintenance of Operations from Concerted Activities

9.1 The Association agrees that neither the Association, nor any person acting officially on its behalf will cause, authorize, engage in, sanction or urge its members to take part in a strike, concerted failure to report for duty, or willful absence from his/her duties of employment while this contract is in effect. Members shall not be entitled to any wages or benefits whatsoever, including but not limited to wages or any other form of compensation, fringe benefits, vacation, sick leave or other leave entitlement while engaged in any strike, concerted failure to report for duty or other willful absence from their duties of employment.

9.2 The District shall not lockout or otherwise prevent members from performing their duties under this agreement.

ARTICLE 10

Parking

For the duration of this contract, the District shall furnish a parking permit for regular/contract members.

ARTICLE 11

Personnel Files

11.1 A member’s official personnel file shall be maintained by the District, located in the Human Resources Department, and contain the official employment record of the member.

11.2 Members shall have the right to examine all materials (except those obtained prior to employment, those prepared by identifiable examination committee members and those obtained in connection with a promotional examination) contained within the official personnel file. When the business hours of the Human Resources Department will not permit the member to inspect their personnel file during non-working hours, the member may contact the Director of Human Resources, who shall arrange for a time when the member may review the file.

11.3 Upon written request, members from Mission College may request that a confidential employee from Human Resources Department coming from West Valley deliver the requester’s personnel file to Mission College. The member may then review the personnel file in the presence of a confidential employee.

11.4 Information from the official personnel file shall not be released without member consent unless compelled by law, judicial order or subpoena or by authorized District or public agency officials having legitimate business that justifies such inspection in the sole discretion of the Director of Human Resources.

11.5 Members may, in writing, authorize a representative to have access to, and review, their official personnel file. In so authorizing, the member agrees to indemnify and hold harmless the District from any and all claims, demands, suits or any other actions arising from such access or review.

11.6 The District shall retain as confidential all pre-employment materials or other data as exempted by law, e.g., materials obtained or prepared prior to employment, or materials obtained while the member was an applicant or candidate for another District position. Such materials include, but are not limited to, recommendation letters and pre-employment interview materials.

11.7 Anonymous materials shall not be placed in the personnel file.

11.8 Information of a derogatory nature shall not be entered or filed unless or until the member is given notice and an opportunity to review. The member shall have the right to enter, and have attached to any such derogatory statement, the member’s written comments.

11.9 Where a member believes any record or portion is inaccurate, not relevant, timely or complete, the member may request correction of the material. Requests for correction of materials shall be in writing and include a justification. The written request shall, at the option of the member, be included in the official personnel file. Materials involving performance appraisal, discipline and official procedures shall not be deleted but may, where justified, be corrected.

11.10 Disciplinary action shall not be imposed on the basis of District personnel records not contained in the official personnel file, consistent with the principles of the California Supreme Court decision of Miller vs. Chico. Nothing contained herein shall be used to exclude otherwise relevant evidence from being received in any judicial or administrative adjudication.

11.11 The District shall retain after resignation, retirement or dismissal only those records required by law.

11.12 No materials within the District employment record, other than performance appraisal, shall be used by either party in any adverse action proceeding brought by the District against the member if dated four (4) years or more from the inception of the adverse proceeding.

11.13 This article does not apply to non-personnel records such as payroll records, attendance records, Board minutes, student records, interoffice or member-to-member communications not part of the official personnel file.

Reference: Education Code 87031

ARTICLE 12

Safety

12.1 Safety is the joint responsibility of the District and the faculty.

12.2 The District shall make all efforts to conform to, and comply with, all safety, health and sanitation requirements of Title 19, Health and Safety Code, and Title 22, of the California Occupational Safety and Health Act (CAL-OSHA).

12.3 Upon discovery, each member shall complete and submit the Safety or Health Hazard Report regarding any alleged unsafe condition in his/her working environment to his/her immediate supervisor.

12.4 No member shall be assigned to work under conditions which immediately endanger his/her or others' safety or health.

12.5 In the event of actual threat to safety of the members or others, the member shall immediately evacuate the classroom or building and report the event to the appropriate department chair/division chair who will give directions as to the procedure to be followed.

12.6 Upon notice and evidence of an unsafe condition, the District shall take prompt action to correct the condition and make all reasonable efforts to warn all members of the unsafe condition while corrective action occurs.

12.7 DISRUPTIVE STUDENT POLICY

12.7.1 In accordance with policy, the District, through its designee, shall notify a faculty member in advance whenever a “disruptive student”, as defined in administrative procedure, has enrolled into that person’s class within the bounds of confidentiality laws. The District shall also notify the faculty member of the support services that can provide assistance.

12.7.2 The District shall maintain communication, as defined in administrative procedure, with the faculty member who is the “complaining party” of all actions throughout the procedure within the bounds of confidentiality laws.

12.7.3 A faculty member has the right to be heard by the CSSO, the Intervention Committee, and the Hearing Board, whenever action is taking place.

12.7.4 A faculty member has the right to appeal any action by the CSSO, the Intervention Committee and/or the Hearing Board to the next level.

12.7.5 The District shall reserve a seat for ACE on the Intervention Committee and the Hearing Board.

12.8 Minor Students

12.8.1 The District will provide mandatory training and guidelines to all faculty relative to having minors as registered students on campus and in the classroom. The District shall establish a reporting procedure consistent with the law for mandated reporting and all emergencies. It is the District’s responsibility to inform faculty of their responsibilities and protections in these matters. Such training and guidelines include:

1. Mandated reporting of known or reasonably suspected child abuse or neglect.

2. Emergency procedures specific to minors (i.e. disaster, evacuation).

3. Health emergencies in the classroom.

The District will notify any faculty member of the names of any minor students under their supervision by the end of the first week of the semester or the minor student’s first week of enrollment.

The District will provide an annual faculty orientation that reviews current procedures regarding minors in the classroom for new faculty members or for all faculty if changes regarding any of the above have occurred.

ARTICLE 13

Compensation

13.1 The District withdraws its demand for a two percent (2%) reduction in full-time faculty salaries for the 2003-2004 year.

13.2 OVERLOAD COMPENSATION

Members electing to take overload contracts may be compensated on the Associate Salary Schedule or may choose to bank the overload (see Article 38, Banked Leave).

13.3 FLEX DAYS ACTIVITIES

Flex day activities are part of the member’s base salary and are reflected in the member’s base pay.

13.4 COACHES STIPEND

Full time head coaches: $125/day above 175 days, to maximum of 10 days.

13.5 EXTRA DUTY DAYS COMPENSATION

Regular or contract members required to work beyond 175 days during the academic year of July 1 through June 30 will be compensated based on a month equaling twenty two (22) six (6) hour days.

13.6 OTHER COMPENSATION

Special projects, television course rights and contract education will be remunerated on a separately negotiated contract.

13.7 METHOD OF PAYMENT

Unless otherwise specified under Article 19, a member’s annual salary will be paid at the rate of 1/10 of their annual salary for each of ten months. Pay dates for all regular/contract and overload assignments shall be the last working day of each month.

Any member who fails to receive a paycheck should immediately report it to their Department Chair or to Human Resources for investigation of the cause. If an error occurs on a paycheck, resulting in overpayment, the Director of Human Resources and the Vice Chancellor of Administrative Services will work with the member to arrange repayment in an expeditious manner.

13.8 TAX SHELTERED ANNUITIES

The District shall process individual member’s tax sheltered annuities through automatic payroll deductions. Each member is responsible for compliance with current Internal Revenue Service rules and regulations.

13.9 COMPENSATION FOR SUBSTITUTE SERVICE

There are times when, during the first week of the absence of a member due to an illness or an emergency, it is necessary to provide coverage for a class or service. For absences exceeding one week, arrangements for substitution should be made through the office of the Vice President of Instruction. For absences of one week or less, two alternatives methods are available.

A. The absent member may arrange with another full-time member or associate member to cover the class/es for compensation. The substituting member will be paid at the rate appropriate for the member on the hourly schedule and the absent member will have the appropriate amount of sick leave deducted from his/her accumulated sick leave. Absence and substitution forms must be submitted together to the division chair or supervising administrator.

or

B. The absent member may arrange with another full-time member or associate member to cover the class/es in exchange for future reciprocal substitution. This agreement is between the individual faculty members. The absent member shall not have sick leave deducted; the substituting member shall not receive compensation. The District has no liability for payment of this debt nor any obligation to enforce an agreement between faculty members. No absence or substitution forms are required; however, the absent faculty member shall notify his or her department chair or supervising administrator in writing (and when possible, in advance) of the effective date(s) of absence and substitution arrangements.

13.10 Members shall not be paid for mileage for travel between campuses.

ARTICLE 14

Fringe Benefits

14.1 REGULAR/CONTRACT MEMBERS

The District shall provide regular/contract members and their dependents with insurance coverage for medical, dental, vision, prescription and long-term disability insurance, or those benefits as agreed to through collective bargaining based upon recommendations of the District Benefit Review Committee.

The District shall also extend benefits to the domestic partner of a unit member if the member and his/her partner meet the eligibility requirements outlined in the "Affidavit of Domestic Partnership." Both the member and the domestic partner must sign the Affidavit of Domestic Partnership in order for the domestic partner to be eligible to participate in the benefits program. Dependents of domestic partners shall not be included in the District benefits program. If the domestic partnership ceases, the unit member has an obligation to immediately notify the District of the termination of the relationship and to file with the District an "Affidavit of Termination of Domestic Partnership." Unit members who fail to notify the District of the termination of the domestic partnership will be held personally responsible for the cost of the benefits premiums for the former domestic partner. Domestic partners shall not be eligible for benefits upon the retirement of the unit member.

14.1.1 Members shall elect one of the medical plans available and one of the dental plans. All of the other benefits will be provided to all members except the optional coverages which will be paid for through payroll deduction.

14.1.2 In order to qualify for benefits, the member must be either regular or contract and have at least a 50% load. Those regular/contract members working less than 100% will pay the pro rata share of the premium. Participation in benefits will be voluntary.

14.1.3 The District agreed to remove the fringe benefit cost containment cap for all unit and retired members.

14.2 RETIREES

Bargaining unit retirees shall be eligible to participate in the medical (including prescription) and dental plans provided to members, or the equivalent, with the following conditions:

14.2.1 Active participation in the District fringe benefit program at the time of retirement.

14.2.2 Retirement through the State Teachers Retirement System or the Public Employees Retirement System.

14.2.3 Service to the District must immediately precede retirement.

14.2.4 Enrollment in all parts of Medicare for which qualified, or must enroll when eligible.

14.2.5 Eligibility

In addition, a retiree's eligibility for the District’s paid health and dental benefit package is determined by their years of service to the District and as provided by the contract of their collective bargaining unit at the time of retirement.

14.2.5.1 To obtain full benefits, members retiring who were hired before 11/01/90 must have completed ten (10) years service with the District. To be eligible for pro rata benefits, a member must have completed five (5) years of service. This benefit is prorated as follows:

50% = 5 years 80% = 8 years

60% = 6 years 90% = 9 years

70% = 7 years 100% = 10 years

14.2.5.2 To obtain full benefits, members retiring who were hired full time between November 1, 1990 and January 1, 1994 must have completed fifteen (15) years of service with the District. To be eligible for pro rata benefits, a member must have completed ten (10) years of service. This benefit is prorated as follows:

50% = 10 years 80% = 13 years

60% = 11 years 90% = 14 years

70% = 12 years 100% = 15 years

14.2.5.3 Health benefits for retirees shall include a spouse and eligible dependents, or a surviving spouse until such time as the surviving spouse remarries or dies.

14.2.6 In order to retain coverage, retirees will be required to annually verify their residence, dependent status and Medicare eligibility.

Reference: Education Code §88035, §88036

14.3 MEMBERS HIRED AFTER JANUARY 1, 1994

14.3.1 All regular/contract faculty hired for the first time by the District after January 1, 1994 through June 30, 1998 (for the 1997-98 academic year) will be required to participate in a defined benefit contribution plan ("Plan") for funding retiree medical benefits.

14.3.2 The District shall provide each such faculty member described in section 14.3.1 with a one-time amount of $5500 to be deposited in a retirement medical benefits account under the Plan. This amount will be placed in the member's account at the end of the first year of the member's employment in the District. Each member is required to contribute 2% of his or her salary to the retirement medical benefits account. The mandatory contributions will be made through deductions from regular salary payments.

14.3.3 The District will select a plan administrator to administer the Plan.

14.3.4 Upon retirement from the District, a member will be eligible to use the proceeds of the account to purchase medical benefits. The member will be permitted to purchase coverage from the District, if such coverage is available.

14.3.5 If a member terminates employment from the District prior to becoming eligible for retirement from the District for service, the member will be entitled to withdraw only the amount of benefits contributed by the member plus earnings, as defined in the plan document, on that amount and less any applicable Plan fees and charges.

14.3.6 All regular/contract faculty hired for the first time by the District after July 1, 1998 will be paid $5500 when they achieve tenure, and return for duty in the following year.

14.3.7 Beginning July 1, 1998, all regular/contract faculty hired for the first time by the District between January 1, 1994 and June 30, 1998 and who have been enrolled in the "Plan" for funding retirement medical benefits described in section 14.3.1 above,

a.) will no longer be required to make a payroll deduction contribution to the "Plan",

and

b.) upon achieving tenure, will be entitled to receive a payment of $5500 plus the amount of contributions made by the member plus earnings, as defined in the plan document, on that amount and less any applicable Plan fees charges.

14.3.8 Benefits for Members

A. The District adopts a Blue Shield PPO with the following changes to the existing PPO Plan, effective July 1, 2004:

• Office Visit Co-pay $ 10.00

• Emergency Ward Visit $ 50.00 (without admission to hospital)

• Hospital admission $150.00

• Deductible $250/$750 (maximum family deductible)

If the District agrees to a plan with lower deductibles and co-pays with another bargaining unit, said better conditions shall be provided to the faculty unit.

B. The District will pay the full amount of the Premium for the Delta Dental Plan and the Vision Service Plan (VSP).

C. The District will pay $300 per month for active members who waive District medical benefits in lieu of medical coverage provided by the plan held by a spouse or domestic partner. Payment will be made as taxable income or, if legally permissible, with pre-taxed dollars into an annuity.

D. Members have the opportunity annually to opt back into medical coverage during the open enrollment period. Active members who are planning their retirement may opt in either at the time of retirement or on an annual basis, during the open enrollment period.

E. The District’s multilateral Benefits subcommittee of the District Budget Advisory Committee, will regularly study, plan and recommend to the District and bargaining units medical benefits for each coming year. ACE will maintain two seats on the committee. This committee acts only in an advisory capacity and shall report to the Vice-Chancellor for Administrative Services through the District Budget Advisory Committee.

14.4 PRESCRIPTION CARD

The parties reaffirm their commitment to the prescription drug card/coverage plan as implemented on September 30, 2003. The multilateral Benefits subcommittee will determine whether the new plan is substantially equivalent to the pre-existing benefits in regard to availability of prescription drugs and costs (except for negotiated changes). The subcommittee will make its determination after a year of coverage has passed, in order to obtain the most accurate information. For purposes of this provision, a year of coverage shall have transpired as of September 30, 2004. The membership of the multilateral Benefits subcommittee is as follows:

ACE ACE Former Bargaining Unit Member (retiree) SEIU (includes 1 retiree) Supervisors Confidential Police Benefit Consultant Administrators Board of Trustees Director of Human Resources Budget Office

2 members 1 member 3 members 1 member 1 member 1 member 1 member 1 member 1 member 1 member 1 member

In the event that the subcommittee determines that plan is not substantially equivalent to the pre-existing benefits, the District shall consult with ACE and other bargaining units regarding the appropriate remedy. The subcommittee shall make its determination no later than November 1, 2004, unless the parties execute an agreement modifying that date. Neither the District nor ACE is bound to the recommendations of the Subcommittee. ACE retains the right to re-file its unfair labor practice charge as it pertains to the new prescription plan.

Article 15

Retirement

15.1 ACADEMICS EMERITUS BENEFITS

All retirees are granted Academics Emeritus status. With this status comes the entitlement to certain rights and privileges, as follows:

1. Waiver of all registration and associated fees for one class per semester.

2. Twenty percent discount on Community Education classes if fee is over $25.

3. Free admission to all home game athletic events, excluding play–off games.

4. Free admission to all theater productions performed on campus, for member and one guest (reservations required).

5. Unlimited library privileges.

6. Lifetime staff parking permit.

7. For information on benefits, see Article 14.

8. Retirees desiring employment as associate faculty members after retirement may be granted reemployment preference under the provisions of article 100 if they have received an “Exemplary” evaluation in their last year of full time assignment prior to retirement.

15.2 DESCRIPTION AND ELIGIBILITY CRITERIA FOR PHASE-IN AND COMBINATION PHASE-IN AND PRE-RETIREMENT BANKED LOAD LEAVE

15.2.1 Description of Phase-In Retirement Only

All eligible full-time members will have the option of participating in a phase-in retirement program. Phase-in retirement will allow a member to reduce the member’s workload to a minimum of 50% and receive the service credit the member would receive if the member were employed on a full-time basis. The retirement allowance, as well as any other benefits to which the member is entitled, will be based upon the salary that the member would have received if employed on a full–time basis.

The phase-in retirement will continue for the number of years initially selected by the member, up to a limit of (5) years, or until a member ceases to be an employee of the District, whichever comes first. Once approved, election to participate in the phase-in retirement program is irrevocable. The assignment of a schedule to a member will be in accordance with Article 19 and the President or designee retains the right to make an assignment. Members on phase-in retirement may not teach an overload assignment and any reassigned time activity shall be included in the load limits of the phase-in plan.

A member who elects to participate in the phase-in retirement program must retire at the end of the chosen period of years. Members who elect to participate in phase-in retirement shall not be eligible to participate in other retirement incentives.

Applications for phase-in retirement will be considered on a case-by-case basis. The needs of the department/division and program will be the primary considerations in approval of phase-in requests and subject to the following eligibility criteria.

15.2.2 Eligibility Criteria for Phase-In Retirement Only

To be eligible for phase-in retirement, the member must meet all of the following criteria. The member must:

1. Be at least 55 years of age.

2. Have at least 10 years of service with the District.

3. Be eligible to retire for service under STRS (or PERS) upon the completion of the phase-in retirement period.

4. Have served full time, without a break in service, for at least three years immediately preceding the beginning of a phase-in retirement. For this purpose sabbaticals and other approved leaves of absence shall not constitute a break in service, provided any pay-back commitment has been fulfilled. Time spent on a sabbatical or other approved leave of absence shall not be used in computing the three-year full-time service requirement.

15.2.3 Description of Combination Phase-In and Pre-Retirement Banked Load Leave

Pre-Retirement Banked Load Leave (See Article 38) may be used as part of the reduction in load that a member elects to have during Phase-In Retirement, in which case the member shall receive their regular full time pay for that portion of the reduction. The member must maintain a minimum of 50% actual service load, not counting the banked leave portion, for the Phase-In portion of a retirement leave. This does not pre-empt the possibility of taking the last year at 100% reduced load, if sufficient banked load leave is available, under the provisions of Pre-Retirement Banked Load Leave.

15.2.4 In order to combine Pre-Retirement Banked Load Leave with Phase-In Retirement, the member must be eligible for each type of leave at the time that it starts.

15.3 Request Procedures for PHASE-IN RETIREMENT AND COMBINATION PHASE-IN AND PRE-RETIREMENT BANKED LOAD LEAVE

The eligible member must submit to the college President a written request on a form (agreed upon by ACE and the District) supplied by the District which includes a plan that has been developed with the Department Chair and approved by the appropriate Vice President by the first Friday in February for a Phase-In Retirement Leave beginning the following fall semester OR by the first Friday in October for a Phase-In Retirement Leave beginning the following spring semester.

The needs of the department must be primary in the scheduling of assignments for members on Phase-In Retirement Leave and the member must continue to meet professional, collegial, and institutional responsibilities. Phase-In assignments include a pro-rated number of office hours and institutional responsibilities. Performance appraisals will continue to be conducted on a regular, on-going basis.

The request/plan should contain:

A. The effective date (must be the first duty day of a semester) and duration.

B. The proposed assignment as specified in the plan.

C. The percentage of contract that the member is proposing to work each semester.

D. The effective date of the member’s retirement.

15.4 Compensation for PHASE-IN RETIREMENT Leave

If the member institutes a Phase-In Retirement Leave Plan and the plan results in a less than a full-time schedule, the member shall be paid a pro-rata share of the member’s full-time salary. The District and the member will make contributions toward STRS (or PERS) in the same manner and amount required had the member been employed full-time.

15.5 Approval of PHASE-IN RETIREMENT Leave

Approval of a Phase-In Retirement Leave will be contingent in part upon the ability to maintain the department’s or area’s offerings or services.

Prior to the reduction of a member’s workload under this section, the District, in conjunction with the administrative staff of the State Teachers’ Retirement System or the Public Employee’s Retirement System, shall verify the eligibility of the applicant for the reduced workload program.

No application is approved until the recommended action of the President is approved by the Board of Trustees authorizing the initiation of the contract which will set forth the terms and conditions of the phase-in employment. The applicant will be notified in writing by the Human Resources Department when the application has been authorized by the Board.

The Board of Trustees will authorize the initiation of the contract which will set forth the terms and condition of the phase-in employment.

Recommendations and approval shall not be denied without due cause and shall be based on the criteria outlined in 15.1.2 and 15.2.

The duration of a Phase-In Retirement, or combined Pre-Retirement Banked Leave with Phase-In Retirement shall not exceed 5 years.

15.6 State Compliance

The Phase-In Retirement section of this article is intended to implement California Education Code Section 87483 and related government code sections. Apart from the 5-year limit on length of the phase-in, these provisions and those of STRS (or PERS) will prevail over this article’s provisions.

15.7 Duration of Phase-In Retirement Language

The Phase-In Retirement options in this article shall “sunset” on June 30, 2005. This article shall be reopened automatically in the year prior to “sunset.

ARTICLE 16

Calendar

16.1 CALENDAR

The academic year will be defined as 175 instructional days of which up to eight (8) days are for staff development. First- and second-year contract members will work up to three (3) additional days (for a total of 178 days) for new faculty orientation.

16.2 SUMMER SEMESTER CALENDARS

Summer semester calendars will be determined in joint meetings between ACE's chief negotiator or designee, the Director of Human Resources and the Vice President from each college the first week in February.

16.3 FLEX DAY ACTIVITIES

Flex days activities will be approved in compliance with Title 5. Flex days activities for each academic year will be coordinated through a joint staff development effort between the colleges. Representatives from ACE, the Academic Senate and the District will be included in the planning process for flex day activities. Flex day activities will include some activities generated at the department level.

Student needs shall be the determining factor in scheduling flex days activities. Therefore, student services may develop alternative activities to fulfill their obligation for flex days.

There will be no obligation for part-time faculty in the following categories to attend flex days activities:

A. Directed studies

B. Work experience

C. Classes starting after Labor Day

D. Instructors that do not have classes scheduled on a day in which flex days fall.

E. Hourly counselors/librarians and/or instructional lab faculty.

16.3.1 As part of the regular academic calendar, members are required to observe regular absence procedures of notification and absence reporting for flex days.

16.3.2 Flex Day Exceptions

Instructional schedules will be established to meet the days and/or hours of instruction required by state mandates for specific programs.

Members teaching classes in programs with mandated days/hours not met by the flex calendar will meet the teaching requirements of the program in lieu of flex day attendance.

16.4 Academic calendars

2003-2004 Calendar:

August 25-26, 2003 New Contract Faculty Days

August 27 All Faculty Development Day

September 1 Labor Day Holiday

September 2 First Day of Instruction, Fall

November 11 Veterans Holiday

November 27-29 Thanksgiving Holiday

December 15-20 Final Exam Period

December 22 ALL GRADES DUE

December 23- January 30 Semester Break

January 19, 2004 Martin Luther King Day Holiday

February 2 First Day of Instruction, Spring

February 13-16 President’s Holiday

March 29-April 3 Spring Break

May 24-29 Final Exam

May 28 Graduation

May 31 Memorial Day Holiday

June 1 ALL GRADES DUE

2004-2005 Calendar:

August 26 & 27, 2004 New Contract Faculty Day

August 31 Professional Development Day

September 1 First Day of Instruction, Fall

September 6 Labor Day

November 12 Veterans Day Holiday

November 25-28 Thanksgiving Holiday

December 15 - 21 Final Exam Period

December 22 ALL GRADES DUE

December 24-January 29 Semester Break

January 31 First Day of Instruction, Spring

February 18 Lincoln's Day Holiday

February 21 Washington's Day Holiday

March 28 – April 2 Spring Break

May 23-28 Final Exam Period

May 27 Graduation

May 31 ALL GRADES DUE

May 30 Memorial Day Holiday

16.5 CALENDAR TERMS

The summer term is defined as beginning the day after the spring semester ends and extends through new faculty orientation days for the fall semester.

The fall term begins with the first day of new faculty orientation days and extends through the last day of final exams for the fall term.

The spring term begins with the first day after final exams end in the fall semester and extends through the last day of final exams in the spring term.

Article 17

Holidays

17.1 Members shall be entitled to the following unpaid holidays:

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Christmas Day

New Year’s Day

Martin Luther King Day

Lincoln’s Birthday

Washington’s Birthday

Memorial Day

17.2 Specific and actual dates of such holidays shall be observed as shown on the academic calendar.

Article 18

Load

18.1 ACADEMIC CLASSIFICATIONS

Job descriptions for the following classifications are contained in the Appendix.

18.1.1 Counselor

Counselors are members who are assigned a majority (i.e., 50% or more) of their time to counseling or closely related activities.

18.1.2 Director or Coordinator

Directors and Coordinators are members who are assigned a majority (i.e., 50% or more) of their time to direct or coordinate a specific program or service area.

18.1.3 Instructor

Instructors are members who are assigned a majority (i.e., 50% or more) of their time in the classroom or closely related activities.

18.1.4 Lab Faculty Specialist

Lab Faculty Specialists are members who are assigned a majority (i.e., 50% or more) of their time to work with students and faculty in a computer lab or closely related activities.

18.1.5 Librarian

Librarians are members who are assigned a majority (i.e., 50% or more) of their time to librarianship or closely related activities.

18.1.6 Other Academic

Members who spend a majority (i.e., 50% or more) of their time in activities other than those listed above. Job descriptions for all positions are kept in the Human Resources Office.

18.2 FACULTY LOAD

Instructional faculty members are assigned a load of thirty (30) hours per week plus three (3) hours per week for scheduled office hours. These amounts are based on a 17.5 week semester. For a 16 week semester the amounts pro-rate to 32.8 and 3.3 hours, respectively. (See chart below.) Institutional responsibilities will be performed in addition to the prescribed work hours.

18.2.1 Non-instructional faculty members, including the Counselors, Librarians and the specific Directors and Coordinators originally assigned a load of thirty (30) hours per week are assigned a load of thirty (30) hours per week plus three (3) hours per week of preparation, which is equivalent to instructional faculty and related to their primary assignments. Non-instructional faculty members, including Lab Faculty Specialists and the Directors and Coordinators originally assigned a load ranging from thirty-three (33) to thirty-seven and one half (37.5) hours per week are assigned a load of thirty (30) hours per week plus three (3) hours per week in lieu of office

hours in any combination of assignments related to their primary assignments. These three hours of assignments will be performed in a manner which is equivalent to instructional faculty office hours. For a 16 week semester the above amounts pro-rate to 32.8 and 3.3 hours, respectively. (See chart below.) Institutional responsibilities will be performed in addition to the prescribed work hours. For semesters that span a different number of weeks, the hours will be adjusted accordingly.

Load Chart (17.5 week semester)

Hrs. per week in primary assignment	15	18	20	21	24	30	30
Hrs. per week in preparation	15	12	10	9	6	3	0
Hrs. per week office or equivalent	3	3	3	3	3	0	3
Total	33	33	33	33	33	33	33

Load Chart (16 week semester)

Hrs. per week in primary assignment	16.4	19.7	21.9	23.0	26.3	32.8	32.8
Hrs. per week in preparation	16.4	13.1	10.9	9.8	6.5	3.3	0.0
Hrs. per week office or equivalent	3.3	3.3	3.3	3.3	3.3	0.0	3.3
Total	36.1	36.1	36.1	36.1	36.1	36.1	36.1

The parties recognize that institutional responsibilities are an essential part of the effective operation of each college under the philosophy of shared governance. The accountability for the completion of these responsibilities resides with the faculty within the organizational structure of each college.

The thirty-three (33) hour per week load is based upon a thirty-five (35) week calendar year. For schedules that may span different lengths, hours will be adjusted so a faculty member can fulfill a full load. (See 18.3)

18.2.2 When vacant, the positions of Director and Coordinator for the departments of Disabled Students Programs and Services, Extended Opportunities Programs and Services, and Health Services may become administrative positions at the District’s discretion.

18.2.2.1 Members with permanent assignments in these positions, whether in the past on a 30-hour per week basis or 37.5 hour per week basis, will have the option of retaining their assignments as faculty members (loaded as per 18.2.1) or converting to an administrative position upon the District’s discretion. Any tenured faculty member will retain tenure rights upon acceptance of an administrative position.

18.2.2.2 Any permanently assigned Director or Coordinator not yet tenured may convert to an administrative position upon mutual agreement between the District and the member, upon the achievement of tenure.

18.2.2.3 Members serving in interim appointments will continue in their assignment (as per 18.2.1) under the conditions in which they accepted the assignments until the positions are filled with permanent employees.

18.2.3 This article will be reviewed no later than May 15, 2003 to determine if the change in assigned hours continues to meet the needs of the District.

18.3 Full Load

A full load consists of a sufficient number of courses or other assignments worked at any time during the work year to total a combined load factor of 2.0. It is agreed and understood that faculty members who carry a full load each semester which results in a fraction of .995 up to a 1.005, will be credited with 1.0 load.

18.3.1 Assigning Load Value on the Basis of a Course

Each course in the curriculum is loaded according to the following formula:

X + Y = load for lecture and/or lab courses

Base 1 Base 2

Where X = number of weekly lecture hours assigned to a particular course and,

Where Y = number of weekly laboratory hours assigned to a particular course and,

Where Base 1 = number of weekly lecture hours which constitute a full load (Refer to Load Book); and

Where Base 2 = number of weekly lab hours which constitute a full load. (Refer to Load Book.)

This section assigns load to courses based on an 18-week semester. For courses which are different than 18 weeks, the total number of semester hours will not exceed the total number of hours for an 18-week semester, rounding fractional hours down.

For example, a class that meets three hours a week with a base of 15 hours will be loaded at .200. That assumes the class meets for 18 weeks for a total of 54 hours. If the class is scheduled for less than 18 weeks, then the total number of hours in the different schedule will not exceed 54 hours, rounding down (54.4 would be acceptable. 55.1 hours would not be acceptable.)

18.3.2 Assigning Load Value for Hourly Activities

For hourly faculty with 30 hours of duties a week plus three hours of preparation time or assigned duties, 105 hours plus 10.5 hours of preparation time or assigned duties is equivalent to a .20 load.

18.3.3 Assigning Load on the Basis of Individual Instruction.

a. Work Experience

Load for work experience is based on the number of students for which the member is responsible. A full load consists of 125 students, which is equivalent to a 15–hour lecture assignment. Twenty five (25) students is 1/5 of a full–time load and is equivalent to a three–hour lecture assignment (.200 of a load). Load for one student is one divided by 125, for a .008 load factor. A maximum of 25 students per semester may be assigned to a regular or contract member.

b. Television Courses

Television courses will be loaded, based on the load book.

c. Directed Studies

Load for directed studies is based upon the number of students for which the instructor is responsible. The load per student shall be .008 load factor.

18.4 Underloads

In the event a member’s full–time load for the academic year is less than 2.0, it shall be adjusted within two (2) years after the semester in which the underload occurs by:

a. scheduling additional teaching load, or

b. withdrawing banked hours to cover the deficit, or

c. fulfilling other activities which may be assigned to a member by the Vice President/Division Chair in consultation with the member and department chair,

or

d. reducing compensation until load worked and compensation collected are in balance.

The two-year period starts in the semester immediately following the semester in which the underload occurs. If the member cannot achieve a full load and make up any underload within two years of incurring the underload, transfer, concurrent assignment or joint assignment, procedures, as provided in Article 24, are available.

No overload may be paid or banked while a member has an unresolved underload.

At the time a faculty member receives an assignment which is underloaded, he/she will sign an agreement, as part of the load sheet, to authorize deducting the cost of the underload from the faculty member's last regular paycheck (excluding summer work) if the member retires or otherwise resigns without repaying the underload, in accordance with the terms of this section.

18.5 Overloads

Regular/contract members in satisfactory status may provide services beyond their regular load. Such overloads are subject to the provisions of Article 19 on Scheduling of Assignments. Underload requirements shall be fulfilled prior to banking or receiving compensation for an overload. Regular members teaching in another department outside of their primary assignment earn rights to overload assignments in that secondary department up to a 0.4 after they have taught an overload in that department three out of four semesters with satisfactory evaluations. They maintain this right until they have not taught three out of four semesters in that department. Overloads shall be assigned in the following manner: Full-time faculty teaching in the department, full-time faculty teaching in another department other than their primary department, associate faculty with re-employment preference, associate faculty without re-employment preference.

Faculty members in the following categories will not be eligible for an overload assignment:

a. phase-in retirement

b. reduced contract

c. all leaves contained within the ACE agreement (except banked leave).

18.6 Assigned/RELEASE Time

Assigned or release time will be loaded using the 30 hr./week base or 32.8 hours (Per 18.2). This provides parity for all assigned or release time regardless of discipline.

Assigned time is part of the regular load and a part of a member's primary responsibility.

18.7 LOAD BOOK

The load book is an extension of the contract, by incorporation. The official copy of the load book shall be maintained in the Human Resources office.

The load book consists of each course approved by the Curriculum Committees. Any changes to load must be recommended first by the Load Committee, then approved by the ACE Council and then negotiated with the district.

18.8 LOAD COMMITTEE

The Load Committee shall consist of the Vice President of Instruction from each college and two ACE representatives. The Director of Human Resources shall serve as a non-voting member of the committee.

It is the responsibility of this committee to recommend load to any new or updated courses approved by the Curriculum Committee. Additionally, this committee has the responsibility of recommending any changes in load to ACE. If such changes are approved by the ACE Council, these changes will be taken to the negotiating table.

ARTICLE 19

Assignments

19.1 INTENT

The intent of this article is to provide flexibility in scheduling work assignments and to ensure that full time regular/contract faculty maintain a full load each semester. Faculty assignments will normally be made within the 175-day academic calendar; however, assignments outside the 175-day academic calendar may be made to satisfy the member‘s load obligation to the District. No such assignments will be made without prior consultation with the member.

19.2 WORK YEAR

Assignments may be scheduled at any time during the twelve (12) month year (1 July-30 June) to fulfill the load obligation of the member and to meet the needs of the District.

19.3 WORK WEEK

Assignments may be made on any consecutive five (5) days during a seven (7) day period to fulfill the load obligation of the member and meet the needs of the District. Other assignments may be made with the agreement of the member.

19.4 WORK DAY

The District work day starts at 7:30 a.m. and extends to 10:30 p.m. Duties may be scheduled at any time during these hours to fulfill the load obligation of the member and meet the needs of the department/division, college and/or District. Other assignments may be made with the agreement of the member.

19.5 SCHEDULING

19.5.1 Regular Assignment

The President or designee shall assign a schedule to a member after consultation with the member and the Department Chair and Division Chair/Dean. Contract and regular members shall be given an assignment in their department before assignment of other members.

A contract or regular member’s schedule shall usually be established by seeking mutual consent between the member and the Department Chair and Division Chair/ Dean. The President or designee retains the right to assign members to a schedule at any time within the work year necessary to meet the needs of the District. Such assignments shall, to the extent appropriate, be rotated among members on an annual basis.

All regular/contract faculty in the department will be scheduled for a full load, including previous underload, prior to assigning any courses to regular/contract members as an overload or to associate members.

A full-time load as defined in the contract is equivalent to 1.0 per semester (0.995-1.005) and shall be calculated by adding assigned time plus regular schedule of classes or activities.

A faculty member may elect to work a flexible unbalanced load, but cannot be required to do so. A flexible unbalanced load is a load that is less than or equal to 0.9 FTE in any primary semester or greater than or equal to 1.1 FTE in any primary semester. A faculty member may choose to have a flexible load to fulfill the 2.0 FTE regular load at times other than the two primary semesters or on weekends. However, a flexible unbalanced load cannot negatively impact the needs of the department or students. (See 19.4.1.3 below.)

A faculty member will not be required to work outside of the primary semesters or on weekends, but may elect to do so.

A faculty member will not be required to work more than 10 scheduled hours in a day.

19.5.1.1 If a regular/contract member is underloaded from a previous semester(s), he/she will get first choice of the available classes within her/his department or division after all regular/contract faculty loads have been filled.

19.5.1.2 If more than one regular/contract member has an underload from a previous semester, and there are insufficient classes available for all such individuals to make up such underloads, the individual who has been involuntarily underloaded for the longest period of time will have the first choice of any available classes.

19.5.1.3 Within an academic year a regular member in satisfactory status may obtain an assignment for a reduced flexible load in a primary semester and have it carried over into a summer session at full compensation. This allowance is made with the following provisions:

a. An individual's flexible load reduction shall be no greater than the larger of one course or 0.25 FTE per semester.

b. During the semester in which the reduced load is taken, the member is not eligible for an overload assignment or extra stipend payment for service.

c. The member must develop and submit a reduced load plan prior to the scheduling deadline for the semester in which she or he has requested the reduced load. The plan must be approved by the Department Chair, Division Chair, supervising administrator and appropriate Vice President.

d. No more than one third of the members in a department may be on a flexible reduced load during the same semester.

Nothing related to flexible load is intended to establish a precedent for payment of an assignment in excess of the contract load at a rate other than the rates established in the Associate Faculty Salary Schedule.

19.5.2 TEN AND ELEVEN MONTH CONTRACT ASSIGNMENTS FOR NON-INSTRUCTIONAL FACULTY MEMBERS

Note Applicable to counselors: All counselors hired prior to July 1, 1986 have the option of choosing an 11-month contract or a 10–month contract. If a 10-month contract is selected, additional time worked will be from the associate faculty salary schedule. All counselors hired subsequent to this date are under an 11-month contract unless other provisions are made. Counselors hired under either of the contract options will be full-time counselors.

19.5.2.1 A non-instructional faculty member contracted to work a ten (10) month assignment will work his or her annual assignment (as per Articles 18.2 and 18.3) within the 175 days of the scheduled academic year. A non-instructional faculty member contracted to work an eleven (11) month assignment will work an additional .25 assignable load (as per Articles 18.2 and 18.3) in no more than twenty-two (22) additional days. The additional assignment shall not include institutional responsibilities.

19.5.2.2 When deemed most feasible by a department, by the first Friday in May of each year, each non-instructional faculty member shall propose to the appropriate Vice President, or designee his/her work schedule for the following academic year. Alternatively, work schedule proposals will be submitted no later than a month prior to the end of a semester for the succeeding semester or term. The Vice President, or designee will review the request and approve or return it to the faculty member for discussion.

a. Though the Vice President or designee has the final decision concerning the assignment of work days, reasonable effort will be made to accommodate the needs and preferences of the non-instructional faculty member.

b. In cases where departmental staffing needs are unmet, the first recourse will be to present the need parameters to the departmental staff for resolution. If resolution does not occur through this process, the Vice President or designee will have final decision.

c. In all cases, student needs will be the determining factor in scheduling all non-instructional faculty members.

d. Exceptions to scheduling as per the above procedures require the approval of the non-instructional faculty member and the appropriate Vice President or designee.

19.5.2.3 Work schedule patterns other than the basic pattern defined in item 19.4.2.2 need the approval of the affected faculty member, the appropriate Vice President and the President. Consultation with the other college may occur for the purpose of information or coordination.

19.5.2.4 All holidays for the 10-month and 11-month contract non-instructional faculty members are the same as those defined in Article 17.

19.5.2.5 The 10-month and 11-month contract non-instructional faculty members receive one day of sick leave per contract month (10 or 11 days per year, respectively).

19.5.2.6 Retirement benefits and corresponding deductions are based on either 10 or 11 contract months.

19.5.2.7 Payment will be made in either 10 or 11 consecutive payments on the last working day of each month, commencing with August.

19.5.3 OVERLOAD ASSIGNMENTS

Regular members in Satisfactory status may elect to schedule overload assignments. Contract members who have received a satisfactory performance appraisal and have been employed full time in the District for at least one full year may elect, with the approval of the Department Chair and the Division Chair or Vice President, to schedule overload assignments. First-year faculty are eligible for overload assignments of up to 0.40 with the approval of the Department Chair, the Division Chair and the Vice President, and they must also have the approval of the President or the Vice President of ACE. It is highly recommended that the number of class preparations for first-year teaching faculty members be limited and therefore wherever and whenever possible, overload assignments for first-year instructors should be additional sections of courses they are already teaching or work not requiring additional preparation.

Overload assignments may be scheduled at any time but will not exceed a maximum of 0.40 over a 1.0 load. (See exception)

Such overload assignments are restricted to the following:

a. Classes for which the member is qualified and that are not required by other regular/contract qualified members in the District in order to achieve their regular load for the current semester or make up a prior involuntary underload.

b. Work Experience.

c. Directed Studies. No load shall be given to members for Directed Studies students who attend regularly scheduled classes. Exceptions may be made upon the recommendation of the dean and approval of the President.

An exception to the maximum of 0.40 overload limit may be approved by the Vice President on a semester by semester basis for regular or contract members who have received a satisfactory performance appraisal and have been employed by the district for at least one full year.

The exceptions are as follows:

a. A faculty member who is eligible to work an overload may work an overload that falls between 0.40 and 0.50 per semester if the faculty member's department chair receives written approval from the appropriate Vice President before the assignment is made.

b. A faculty member who is eligible to work an overload may work an overload that exceeds 0.50 per semester if the following conditions are met:

1. There are no other qualified faculty available to fulfill the assignment.

2. Efforts have been established by the department to generate a viable associate faculty pool

3. The faculty member’s department chair receives written approval from the appropriate Vice President before the assignment is made.

4. 2nd, 3rd and 4th year non-tenured faculty members must also have the approval of the ACE President to exceed 0.5 FTE overload.

Exceptions to the maximum overload of 0.4 per semester sunsets on June 30, 2005.

19.5.3.1 Under normal circumstances the following sequence of priority will be used to assign overloads for all departments:

a. Full time regular members of the department.

b. Full time members of outside departments that are Qualified and have Priority. Priority is given to a regular outside member when that member teaches overload(s) in the department for 3 out of 4 consecutive primary semesters. The member has priority for an amount of load which is equal to the median amount of overload taught by that member for that department during the past 3 out of 4 consecutive primary semesters. The member maintains Priority until s/he has not taught three out of four consecutive semesters..

c. Associate Faculty (See Article 100.6 and 100.7).

If there are not enough courses available to satisfy all requests for overload from regular/contract members, departments may establish guidelines for making overload assignments. Such guidelines must be in writing and must be approved by the Division Chair/Vice President prior to implementation.

19.5.3.2 If the member has an overload assignment, and a portion of their regular load is canceled for any reason, the member shall agree to include the overload assignment as part of his/her regular load. Exceptions may be authorized by the Division Chair/Vice President. When an overload class has been canceled, it shall not be replaced with an overload or associate member’s course already assigned to someone else.

19.5.3.3 Regular/contract members in the District who wish temporary assignments in a department other than their own for purposes of obtaining an overload must qualify for the associate pool of that department through the established registry guidelines.

a. Qualified members will be maintained in the registry for a period of six semesters.

b. After a member has not taught in a discipline for which he/she has been qualified for a period of six (6) semesters he/she must re-qualify.

c. Those members currently teaching in the District in a department other than their own will be considered to be qualified to continue to teach in that department.

For additional information pertaining to overloads, see Articles 100.3 and 100.5 of the Associate articles.

19.6 SUMMER SCHOOL ASSIGNMENTS

Regular members and contract members who have received a satisfactory performance appraisal, with the approval of the Department and/or Division Chair, may elect to teach summer school. Full-time members will be given preference in the assignment of summer school classes in their department.

Summer school teaching assignments are made by the Department, in consultation with the Division Chair/Vice President and with the consent of the member. The maximum summer load will be a total of .667 in any combination of courses or sessions.

19.7 Any request for exception must be submitted to the Vice President.

19.8 CRITERIA FOR EXCEPTIONS TO THE ASSIGNMENT OF SUMMER SCHOOL LOAD

Justification for a request for an exception should include the following:

19.8.1 Are other staff available – either associate or regular faculty?

19.8.2 Was there a registry established for the position?

19.8.3 Were the applicants interviewed and are there qualified individuals available?

19.8.4 What educational impact will there be on the program by having another instructor teach?

19.8.5 If the instructor is required to teach the class, does the instructor have another class that someone else could teach that would not impact students which would allow adherence to the formula?

19.8.6 Was an exception requested in the past?

19.8.7 If an exception is granted, it will be granted for one year only with the understanding that measures will be taken to prepare for subsequent years.

19.8.8 There will be no waivers for counselors or librarians. The intent of negotiating the academic year for July 1 through June 30 and the 11-month contracts for counselors was to minimize the need for hourly counselors.

19.9 LOAD SHEETS

Each division office shall maintain for each division member a load sheet which reflects all components that make up the members total load and overload.

ARTICLE 20

WSCH/FTE Performance Goals

20.1 INTENT

The purpose of this system is to provide greater flexibility and incentives to the members in scheduling classes and in retention of students.

20.2 DEFINITIONS

20.2.1 Departments

An individual or group of individual members teaching in the same or similar areas.

20.2.2 WSCH

Weekly Student Contact Hours-a measure of the number of students served (the number of students multiplied by the number of hours a class meets each week).

20.2.3 WSCH/FTE

The number of WSCH produced by the equivalent of one regular or contract member.

20.3 WSCH/FTE PERFORMANCE GOALS SYSTEM

20.3.1 Establishing Goals

The total WSCH and WSCH/FTE goals for each college and the District will be established on an annual basis by the District as part of the budget development process, after a recommendation from a District Goals Committee consisting of:

One faculty representative from each college’s PGC,

One ACE representative from each college,

One administrator from each college,

The Director of Human Resources, and

The Vice-Chancellor of Administrative Services.

These goals will be established within the framework of a balanced budget and will be reported to the District Budget Advisory Committee by their last meeting in November. If the District Goals Committee Goals committee fails to report these goals, the District Budget Advisory Committee will recommend the goals.

The District and college WSCH/FTE goals may not be changed by more than 10 WSCH/FTE without the agreement of the District Goals Committee. If the committee fails to come to a decision on this change, then the District Budget Advisory Committee shall recommend the goals without a recommendation from the District Goals Committee.

20.3.2 College Performance Goals Committee Responsibilities

At the college level, a College Performance Goals Committee (hereafter referred to as the PGC) will determine annual WSCH/FTE goals for each of the departments, and the workload goals for the other service areas, in order for the college to obtain the overall assigned workload goals.

The PGC shall consult each department prior to establishing the department’s goals.

The PGC may develop a room allocation process that will maximize the utilization of existing facilities.

20.3.3 College Performance Goals Committee Membership

The voting composition of each PGC will be:

a. the division chairs, or designees,

b. two people selected by the college President.

20.3.4 Schedule

Departments’ WSCH/FTE goals will be established the fall of each year for the following year. Goals will be based on the previous year’s data and the first census of the fall semester of the current year, if available, and other pertinent information.

The PGC may consider such factors as room size, teaching methodology, strategy of instruction and/or professional standards when developing the goals for the departments.

The PGC will transmit goals to each department.

20.3.5 Appeals and Decisions

Adjustments in the goals may be made by the PGC in cases where insufficient and/or erroneous data were used by the committee to establish the department’s goals. In the event that the PGC is unable to recommend department WSCH/FTE goals, the President (or designee) will set the department’s goals.

20.3.6 Department Plan

The department will develop a plan for achieving its assigned WSCH/FTE goals. This plan must be submitted to the Performance Goals Committee for approval in time to not disrupt scheduling.

20.3.7 Approval

The Performance Goals Committee will have ten (10) working days after receipt of the plan to review the plan. If the PGC does not believe the plan is workable or will cause an adverse impact on students, the PGC may propose changes to the plan. In such cases, the PGC must state objections to the plan in writing and will also propose written alternatives.

The appropriate administrator/Division Chair will continue to manage the schedule (including class size and class cancellation policy) until such time as an approved operating plan is in place.

20.3.8 Evaluation

The department’s success in achieving its WSCH/FTE goals will be evaluated by the PGC as soon as appropriate enrollment and census data are available. If the department fails to meet the WSCH/FTE goals, it will develop a revised plan for achieving the department’s WSCH/FTE goals.

The PGC will then review the plan. If the PGC still does not believe the plan is workable or will cause an adverse impact on students, the PGC may reject the plan. In such cases, the PGC must state in writing why the plan is being rejected and may propose alternatives where appropriate. Until the revised plan is approved, the management of all aspects of the schedule will revert to the appropriate administrator/Division Chair.

After approval of the revised plan by the PGC, the department will resume scheduling.

ARTICLE 21

Organizational Structure

21.1 ORGANIZATION

The individual colleges, through a shared governance process, will have the right to organize and establish their structure in a manner which meets the educational needs of the students. Any revision or alteration of the organizational structure of the college must go through the appropriate organization committee, representative of various segments of the college.

21.2 Each college will provide an organizational description and modifications as implemented to the Director of Human Resources, who will provide a copy to ACE.

ARTICLE 22

Institutional Responsibilities

22.1 Institutional responsibilities are a part of the faculty member’s job description. Institutional responsibilities are functions and tasks essential to the ongoing operation and effective achievement of department/division, college and district programs.

22.2 Participation in institutional responsibilities is required of all faculty members and is part of the evaluation process. Faculty members who have significant reassigned time for working with grants or other activities, or who have all or a significant portion of their load off campus shall consult with their department and division chairs on how best to meet their departmental and institutional responsibilities

Accountability for the completion of these responsibilities resides with the faculty within the organizational structure of each college. If the responsibilities are not completed by the members in a timely fashion, the Department Chair assumes responsibility and accountability for their completion. If the Department Chair fails to complete the responsibilities in a timely fashion, the Division Chair assumes the responsibility and accountability for their completion.

22.3 Examples of the kinds of tasks and functions considered to be institutional responsibilities are, but not limited to, the following:

• assume responsibility for department schedule.

• assume responsibility for the development, preparation and monitoring of the department’s budget.

• assume leadership for recruitment/selection/hiring of associate and/or full-time faculty.

• participate in performance appraisal of personnel.

• act as mentors for associate and/or regular/contract members.

• research, recommend and provide rationale to department for new equipment/facilities/inventory.

• supervise staff as assigned by proper authority.

• provide leadership for department in recruiting students in coordination with marketing, counseling and other college/district personnel.

• assume responsibility for department to revise existing curricula and develop new programs and curricula.

• develop and monitor WSCH/Goal plan for department.

• assume leadership role in completing program review/APPS in accordance with established timelines.

• act as advisor for student clubs.

• actively participate on department/division, college or district committees in the spirit of shared governance.

• assume responsibility for unique department functions as assigned or requested by appropriate authority.

• represent department on selection of college/district personnel.

• actively participate in preparation and completion of accreditation materials.

• assume responsibility as assigned or requested by division or department chairs to further goals and functions of the department/division.

• serve as department liaison for course content articulation with high schools, four year institutions and the business community, as assigned.

22.4 Activities for which a member receives reassigned time, stipend compensation or professional growth credit may be considered institutional activities by the evaluation team.

ARTICLE 23

Transfers

23.1 PURPOSE

The purpose of this article is to ensure that the transfer of a regular/contract member is uniformly administered and that minimum qualifications are met.

23.2 DEFINITIONS

23.2.1 Transfer

A transfer is the administrative or voluntary reassignment of a member from the college or department where presently assigned to fill a full-time vacancy. The vacancy may be in another department at the same college or in the same or a different department at the other college.

23.2.2 Voluntary Transfer

Voluntary transfer refers to an action initiated by a member.

23.2.3 Administrative Transfer

Administrative transfer refers to an action initiated by the District.

23.3 PROCEDURES

23.3.1 Voluntary Transfer

A tenured member requesting a voluntary transfer from a current position to a vacant full–time position in another department or college must apply for the position. A member may apply for a voluntary transfer if in satisfactory status and she/he meets the minimum qualifications or equivalencies.

To facilitate voluntary transfers, a list of anticipated positions for the following academic year will be posted by the Human Resources Department by the second Friday in October. It is understood that the list may change after this date due to budgetary considerations, retirements or other factors not known at the time that the list of anticipated vacancies is created. Faculty interested in transferring to any of the anticipated positions listed must notify Human Resources by the fourth Friday in October. If no notification is received in that period, the external position announcement may be made at any time.

Faculty members wishing to transfer must complete an application form. The screening committee must submit the position announcement criteria to Human Resources before considering any internal applicants. Any internal applicant will be screened and interviewed in a timely manner using the position announcement criteria. The screening committee and appropriate administrators will determine if the faculty member is to be recommended for the position, provided that sufficient funding is available for the transfer candidate to fill the vacant position. If this process is not completed by the end of the fall semester the external announcement may be made.

At the completion of the consideration of the internal candidates, the screening committee and appropriate administrators may determine that they also wish to consider external applicants. The Human Resources Department will notify the candidates, in writing, of the decision. Internal candidates will continue to be considered unless they choose to withdraw their candidacy.

23.3.2 Administrative Transfer

Notwithstanding any other provision of this agreement, the Chancellor shall have the authority to assign by administrative action any member meeting the minimum qualifications to any position when such assignment is deemed in the best interests of the District. Such transfers may include a plan of action for professional development in the new position.

ARTICLE 24

Administrative Assignment to Maintain Load

24.1 PURPOSE

The purpose of this article is to insure that the joint assignment of regular or contract members is uniformly administered and minimum qualification requirements are met.

24.2 MEMBER’S RIGHTS

24.2.1 Under this article, a member holding a permanent assignment in more than one department has the same rights and privileges of regular members of the involved departments.

24.2.2 The member who receives an administrative assignment to maintain load will have the same voting privileges in each department as other members in all departments to which the member is assigned. The member will have only one vote on any Division or College wide issue.

24.2.3. If seniority is used for any purpose within a department, then seniority within the department shall be based on the date a member enters the department.

24.3 DEFINITIONS

24.3.1 Joint Assignment

A member who holds permanent assignments in more than one department to maintain or obtain a full load.

24.3.2 Concurrent Assignment

A member who holds permanent assignments at more than one college to maintain or obtain a full load.

24.4 PROCEDURES

a. The Division Chair will be notified by the member and the Department Chair if it is determined that the member no longer is able to maintain a full load within the member’s Department. The determination will be made through program review, the performance goals process or by the member and/or the Department Chair. The Vice President will notify the Director of Human Resources who will notify ACE.

b. After having met with the member to discuss assignment preferences and other options, the Division Chair will meet with the Vice President to ascertain alternatives for the member.

c. After consultation with the appropriate college President, the Vice President will meet with the member to make the administrative assignment to maintain load.

d. The member will receive written confirmation of the assignment within ten (10) days after the consultation meeting with the college President. Copies will be sent to the member’s official personnel file, affected departments, ACE President and Director of Human Resources.

24.5 ADMINISTRATIVE ASSIGNMENT

Notwithstanding any other provision of this agreement, the Chancellor shall have the responsibility and authority to assign by administrative action any member meeting the minimum qualifications to any position when such assignment is deemed in the best interests of the District. Such assignments may include a plan of action for integration into the new assignment.

24.6 Since the Chancellor has the right of assignment, this article cannot be grieved.

ARTICLE 25

Voluntary Assignment to Split Load

25.1 DEFINITION

A split assignment refers to a voluntary action based on the individual member’s desire to hold a permanent regular assignment in two departments within the District. Categorically funded faculty are not eligible to apply for a split load under this Article.

25.2 MEMBERS’ RIGHTS

25.2.1 Under this article, a member holding an assignment in two departments has the same rights and privileges as other members of the involved departments.

25.2.2 The member who receives a voluntary assignment will have the same voting privileges in each department as other members in both departments to which the member is assigned. The member will have only one vote on any Division- or College-wide issue.

25.2.3 If seniority is used for any purpose within a department, then seniority within the department shall be based on the date a member enters the department.

25.3 PROCEDURES

By the first Friday in October of each academic year, a member may initiate the application process to permanently move a portion of the member’s load to another department within the District. Prior to submitting any application, the sending department (the department the member is leaving) must put in writing, with appropriate rationale, that it:

a. Approves or disapproves the member’s request to split load.

b. Has adequate staffing or has sufficient allocation to replace the member if necessary to maintain program vitality.

25.3.1 For a single-member department, or members without a departmental assignment, recommendations will be provided by Division Chair.

25.4 APPLICATION PROCESS

The requesting member shall complete an application to be forwarded to Human Resources. The application will include:

a. The department and assignment requested.

b. Summary of the member’s minimum qualifications, credentials and/or equivalencies.

c. The written documentation from the sending department.

25.4.1 The application process shall involve 2 reviews:

25.4.2 Human Resources Review

By the second Friday in October.

25.4.2.1 The application will be reviewed by Human Resources to ensure the member meets the minimum qualifications for the desired load.

25.4.2.2 Those applicants not meeting minimum qualifications will be notified in writing and will be provided information regarding the equivalency application process.

25.4.2.3 Applications of the members meeting the minimum qualifications will be forwarded to the appropriate college President.

25.4.2.4 The college President will complete the review of applications for funding and program considerations, and will notify the Vice President of any problem by the first Friday in November.

25.4.3 Receiving Department Review

By the first Friday in December.

25.4.3.1 The Department, with the Division Chair, will have reviewed and made a recommendation on each application.

25.4.3.2 The criteria that they will use to evaluate each application will include:

25.4.3.2.1 That a minimum of 2.0 FTE of associate members be maintained in the department after the assignment has been made. For a Department with less than 2.0 FTE, approval of President or designee is required before accepting a member with a split load.

25.4.3.2.2 That the requesting member has the ability and is competent to teach a variety of courses within the discipline.

25.4.3.2.3 That the requesting member has had satisfactory evaluations within the last three (3) years.

25.4.4 Receiving Department Options

25.4.4.1 If the decision is made to accept the member into the receiving Department, the Division Chair will notify the Vice President. The Vice President will notify the member of the decision and initiate a Position Action Request to implement the change by the second Friday in December.

25.4.4.2 If the decision is made to reject the applicant, the Department must notify the Vice President in writing of the rationale for rejection. The Vice President will notify the member of the decision. The Department Chair and the Division Chair will meet with the member to review the rationale for the rejection by the second Friday in December.

25.4.4.3 If, by the first Friday in December, the Department has not reached a decision on the applications, the Vice President will complete the process.

25.5 APPEAL

A rejection of the request at any step in the process may be appealed to the College President within ten (10) working days of notification of the decision. The decision of the President shall be final.

25.6 GRIEVABILITY

Only compliance with the above process is grievable. The outcome is not grievable.

ARTICLE 26 A

Performance Appraisal

Regular Tenured Faculty

26A.1 INTRODUCTION

The primary goal of performance appraisal is the improvement of the quality of the educational program. The process should promote professionalism, enhance performance, recognize excellent performance, and be effective in yielding a genuinely useful and substantive assessment of performance. To achieve this goal, it is necessary to identify, recognize and nurture competence; to identify standard performance and indicate areas where improvement is desirable; to identify performance that requires improvement; and to identify performance so unsatisfactory that termination may be recommended.

Excellence in performance is crucial to maintain and extend the learning presently shown by students at Mission and West Valley Colleges.

The appraisal system focuses on:

A. Measuring performance in an objective, unbiased manner.

B. Providing useful feedback.

C. Ensuring that appropriate recognition occurs

D. Encouraging continuing participation in professional development.

E. Ensuring that appropriate training opportunities are recommended as needed for members.

F. Supporting employment status.

The Performance appraisal of a member shall take into account the total assignment of the member and include the following:

A. Site observations

B. Appraisal surveys

C. Criteria for Performance Appraisal, Section 26.A.4.

D. Job description

E. Self appraisal

F. Reassigned time evaluation, if reassigned time is 0.2 FTE or more

G. An administrative appraisal, when appropriate, as per 26A.6.3.1

By mutual consent, videotapes or other recording devices may be used. Anonymous letters or materials, excluding student survey data, will not be used in the process.

26A.2 Definitions

A. The academic year begins July 1 and ends June 30.

B. Faculty or Faculty Member includes, but is not limited to, instructors, librarians, counselors, community college health services professionals, lab faculty specialists, disabled student programs and services professionals, EOP&S professionals, coordinators and individuals employed to perform a service that, before July 1, 1990, required non-supervisorial, non-management community college certification qualifications. (Education Code Section 87001 C).

C. Performance Appraisal is a written review of the member’s performance as provided in this agreement. The Appraisal Summary Form is to be placed in the member’s official personnel file in Human Resources. A page listing recommendations, if any, for the next appraisal is to be secured in the appropriate Vice President’s office. All other forms go back to the appraisee.

D. The Self-Appraisal provides the individual faculty member an opportunity for introspection, reflection and planning. It points out areas of significant competence, effort and contribution made by the appraisee. It also addresses specific recommendations, if any, made on the appraisee’s last appraisal cycle.

E. Plan for Corrective Action: A written plan developed by an appraisal team for members in Needs-to-Improve or Unsatisfactory status. The plan will reflect specific actions, recommendations, and timeline for improvement.

F. Satisfactory: Member is meeting the criteria as outlined in 26A.4.1 – 26A.4.3.

G. Needs to Improve: Member is consistently not meeting the preponderance of the criteria listed in one or more of the criteria categories outlined in 26A.4.1 – 26A.4.3. It is anticipated that the behavior(s) can be improved and the member will be given the opportunity to return to Satisfactory status by following the process outlined in 26A.8.

A Needs-to-Improve may be given in any of the separate criteria categories.

H. Unsatisfactory: Member is unable or unwilling to move out of Needs-to-Improve in one or more of the categories outlined in 26A.4.1 and/or 26A.4.2.

26A.3 FREQUENCY OF APPRAISALS

26A.3.1 Except for annual appraisal surveys, regular members in Satisfactory status shall be evaluated once every three academic years. Time spent on leave may postpone, but not cancel, an evaluation. Additional evaluations focusing on specific areas may occur with the concurrence of the Department Chair, Division Chair, supervising administrator and appropriate Vice President with notification to the appropriate ACE grievance officer if:

a. Complaints are received which are of a serious nature.

b. Appraisal surveys indicate that a problem may exist.

c. A member reverts to behaviors that formerly placed him/her on Needs-to-Improve.

d. A member consistently fails to meet a significant number of the criteria for performance appraisal of regular members as outlined in 26A.4.1 – 26A.4.3.

e. A member consistently fails to meet usual record keeping obligations and timelines (grade, census roster, early progress reports, etc.).

These additional evaluations will have appropriate timelines developed as they occur.

26A.3.2 Regular members in Needs-to-Improve status will be evaluated every semester according to the process outlined in 26A.8.

26A.3.3 Regular members in Unsatisfactory status will be evaluated every semester according to the process outlined in 26A.12.

26A.3.4 Associate members, long-term substitute and temporary members, and overload assignments not in a regular member’s primary discipline shall be evaluated by the department involved in accordance with the process outlined in Article 100 and 112.

26A.3.5 REASSIGNED TIME

Regular faculty who are reassigned with at least 20% reassigned time during any semester except if funded and supervised outside the district (e.g. ACE and State Academic Senate) will be evaluated on the performance of reassigned time activities prior to the thirteenth week during the term of the assignment. If the reassigned time assignment continues for more than one academic year, evaluation shall be on an annual basis during the spring semester. Upon the assignment of reassigned time, the regular member shall meet with the appropriate administrator/designee to establish written goals for the reassigned time and set a date (or dates) for meeting to assess progress toward those goals. The appropriate Vice President will determine which administrator or designee will oversee and complete the appraisal process for the reassigned time.

Results of any reassigned time evaluation shall be forwarded to the appropriate Vice President for inclusion in the next full performance appraisal of the member.

Outcomes of the evaluation of the reassigned time assignment may be:

a. Satisfactory. If the outcome is Satisfactory, the assignment will continue.

b. Needs-to-Improve. If the outcome is Needs-to-Improve, the appropriate administrator/designee will work with the member to develop a Plan for Corrective Action.

c. Discontinuance. If the outcome is not Satisfactory, the reassigned time may be discontinued at the option of the appropriate administrator/designee

26A.3.6 PENDING RESIGNATION OR RETIREMENT

When a regular member’s year of retirement or resignation coincides with an appraisal year, the appraisal process may be waived, except when the member wants to earn reemployment preference as an associate member (see Article 15.1.5). The member’s written letter of intent to resign or retire on file with the District will serve as notification to the appropriate Vice President who may approve the waiver.

26A.4 CRITERIA FOR APPRAISAL OF REGULAR MEMBERS.

All criteria appropriate to the member's assignment included in this section will be used in the Performance Appraisal Process.

26A.4.1 Professional Criteria Category

Each member shall:

a. Demonstrate currency and depth of knowledge of the field in the performance of assignment.

b. Demonstrate the ability to communicate subject matter clearly, correctly and effectively.

c. Demonstrate an ability to achieve objectives in area of assignment.

d. Demonstrate an ability to adapt methodologies for students/clientele with special needs and different learning styles.

e. Utilize methods and materials appropriate to the subject matter.

f. Demonstrate evidence of careful preparation and organizational skills in area of assignment.

g. Provide clear assignments or directives to students and regularly inform students of academic standing in class.

h. Provide for each student a current course syllabus as outlined in the Faculty/Staff Handbook and as required by Title 5 and provide a copy to the Division Office.

i. Demonstrate a commitment to student learning by beginning and ending classes according to schedule, holding regular office hours, and meeting student needs as professionally required.

j. Evidence currency in the field through participation in professional conferences, workshops, seminars, etc.

k. Meet record keeping obligations on time, e.g., grades, requisitions, schedules, textbook orders, rosters.

l. Carry out budget responsibilities effectively if it is an agreed part of member’s assignment.

m. Supervise classified personnel appropriately if it is an agreed part of member’s assignment.

26A.4.2 Collegial Criteria Category

Each member shall:

a. Work cooperatively within the college community.

b. Foster an environment that protects academic freedom within the college community.

c. Foster a positive working environment that is free from harassment, prejudice, and/or bias.

d. Demonstrate positive communication skills within the college community.

e. Demonstrate a respect for the dignity of each individual.

26A.4.3 Institutional Criteria Category

Each member shall:

Evidence a commitment to his/her department/division, college and district by fulfilling his/her institutional responsibilities as outlined in Article 22.

26A.5 TEAM MEMBERSHIP AND RESPONSIBILITIES

26A.5.1 Team Membership

Except in the case of a reduced appraisal process (see 26A.5.1.1) the appraisal team shall be composed of two regular faculty in Satisfactory status, within the member’s department, Division, or related discipline. On alternate evaluation years, one of the faculty members shall be a regular faculty from outside the appraisee’s department. The appraisal team has the exclusive right to include a non-voting external participant for content expertise if that content expertise is not available within the bargaining unit. The selection of the person having content expertise is subject to approval by the appraisee.

Except in the case of Lab Faculty Specialists and Librarians (see below) team members will be recommended by the Department Chair and forwarded to the Division Chair and appropriate Vice President for approval. When the Department Chair is being evaluated, the Division Chair will recommend the appraisal team to the appropriate Vice President. When the Division Chair is being evaluated (on instructional duties), the college Academic Senate President will recommend appraisal teams and forward to the appropriate Vice President for approval.

The leader of the team shall be elected by its members. The appraisal team leader will, whenever possible, be from the same area/department as the appraisee.

On an as-needed basis, the appraisal team leader may invite an appropriate administrator to serve as a non-voting member of the appraisal team. If a regular faculty member has received a Needs-to-Improve or an Unsatisfactory performance appraisal, the composition of the appraisal team varies. (See section 26.A.8 or 26A.12 as appropriate.)

In the case of Lab Faculty Specialists and Librarians, the college Academic Senate President will recommend appraisal teams from those areas and forward to the Vice President of Instruction for approval.

In those cases where the direct supervisor of the member is an administrator, as is the case with such positions as Librarians and Lab Faculty Specialists, the administrator shall complete an independent appraisal of that member. (See 26A.6.3.1)

In order to allow time for other institutional responsibilities, members, other than the Department Chair, should not serve on more than five (5) appraisal teams within on (1) academic year.

26A.5.1.1 Reduced Appraisal Process

When a Regular Faculty member receives three consecutive Satisfactory appraisal outcomes the next regular evaluation process will be as follows:

a. The evaluation team will consist of only one member in Satisfactory status.

b. Only one classroom observation needs to be performed

c. Appraisal surveys will be done for all sections during the evaluation year; however, appraisal surveys will not be required during non-appraisal years.

Successive evaluations of a member in Reduced Appraisal status are not to be conducted by the same individual.

26A.5.2 The appraisal team leader is responsible for ensuring that the appraisal process is completed in accordance with the appropriate provisions and timelines of the contract. The responsibilities of the team leader will include at least the following items:

a. Obtaining a list of any recommendations resulting from the appraisee’s prior appraisal and surveys done during intervening years kept in the appropriate Vice President’s office.

b. Scheduling and conducting the pre-appraisal conference.

c. Coordinating appraisal observations and surveying appropriate administrative and other personnel regarding the performance of responsibilities that cannot be assessed by a classroom observation, and summarizing such input for inclusion in the post appraisal performance conference.

d. Ensuring that the appraisal surveys are completed in a timely manner.

e. Obtaining completed administrative appraisal as per 26A.6.3.1

f. Reviewing the results of the pre-appraisal conference, appraisal observations, surveys and comments, and other information such as commendations, record-keeping documents, attendance, course syllabi and drop/retention rates with the team.

g. Preparing for and conducting the post-appraisal conference. Prior to the post-appraisal conference, the appraisal team leader will compile and prepare all of the appropriate documents for the conference using the criteria from Section 26A.4 and following the process specified in Section 26.A.6.

h. Completing the post-appraisal summary form.

26A.6 APPRAISAL PROCESS

26A.6.1 The appraisee will obtain a copy of the previous team’s recommendations (if any) from the current team leader. The appraisee will complete a self-appraisal on the Faculty Self-Appraisal form.

26A.6.2 Pre-Appraisal Conference

It is recommended that by the end of the 5th week of instruction, the appraisal team will meet with the member to discuss the Faculty Self-Appraisal, the elements of the appraisal, and other information such as commendations, record keeping documents, attendance, course syllabi and drop/retention rates, and establish expectations as defined in the job description. Documents related to the evaluation process will be distributed.

26A.6.3 Observations

There will be a minimum of one observation by each member of the appraisal team. Observations may be conducted without advance notice, and should be completed no later than week 13 of the semester. Observations will include activities appropriate to the member’s service area(s).

26A.6.3.1 An administrator authorized to perform an independent appraisal of a regular faculty member, as in 26A.5.1, shall observe the member in the activities appropriate to the member’s service area(s) or otherwise in those duties outlined in the member’s position description. The administrator will complete her or his written appraisal report and must deliver the report to the appraisal team leader at least one week prior to the post-appraisal conference. All substantive points made in the administrator’s appraisal will be included in the team’s summary report.

26A.6.4 Appraisal Surveys

26A.6.4.1 Classroom Activities

Evaluation year. Student appraisal surveys will be conducted using official ACE forms in each class section during one semester of the appraisal year. Surveys will be completed between weeks 6 and 13. When administering student surveys, a member of the appraisal team or its designee, which could be the appraisee, shall read the written instructions to the class and distribute the evaluation forms. That person will inform the students that ratings and written comments will be used in the appraisals and that the instructor will not have access to the written comments until after grades are recorded. A person other than the appraisee will be designated to collect the completed appraisal forms and return them immediately to the Division Office or appropriate collection point. The appraisee will leave the room while students fill out the appraisal surveys.

Non-evaluation year. Each regular faculty member not on reduced appraisal process (see 26A.5.1.1) will have student appraisal surveys conducted for at least one course selected by the Division Chair/Supervisor every year. The appraisal will follow the procedure described in the preceding paragraph between the 6th and 13th week of instruction. The student surveys are to be for the purpose of providing valuable feedback for faculty members. The student surveys will be reviewed by the Division Chair/Supervisor and the faculty member. The summarized results will be reviewed and retained by the appropriate Vice President and forwarded to the appraisal team leader during the next appraisal process.

26A.6.4.2 Non-classroom Activities. Appropriate appraisal surveys will be conducted using official ACE forms during one semester of every year. These surveys will be processed regularly and the results reviewed by the Division Chair/Supervisor and the faculty member. The summarized results will be reviewed and retained by the appropriate Vice President and forwarded to the appraisal team leader during the next appraisal process.

26A.6.5 Post-Appraisal Conference

At the conclusion of the appraisal, there will be a conference with the appraisee and the appraisal team to discuss the outcomes of the appraisal and other information such as commendations, record keeping documents, attendance, course syllabi and drop/retention rates. Performance on professional, collegial, and institutional responsibilities will also be discussed and comments written on the final Appraisal Summary Conference/Recommendation form.

The Department Chair or immediate supervisor, if not a member of the team, will be informed by the team leader of the outcome of each appraisal and may be included in the post-appraisal conference by request of the team leader.

If the evaluation is conducted in the Fall and if a preliminary indication from the appraisal team is that the result of the appraisal will be Needs-to-Improve in any of the criteria, then the faculty member and the appropriate Vice President will be informed of that fact. The evaluation will be continued through the following semester before the evaluation results are finished. The appraisal team will determine which of the criteria, if not all, will continue to be evaluated during the extended

period of the evaluation. At the conclusion of the second semester the results of the appraisal must be finished and the summary evaluation must be submitted.

The Post-Appraisal Conference shall be completed and the summary forwarded to the appropriate Vice President prior to finals week.

26A.7 APPRAISAL OUTCOMES

At the discretion of the appropriate Vice President, consultation with the appraisal team regarding the outcome may occur.

The possible outcomes are:

a. Satisfactory: If the recommendation is Satisfactory in all areas, the appraisal is completed.

b. Needs-to-Improve: If the appraisal recommends that the member needs to improve in any of the three criteria categories listed in 26A.4, and it is approved by the appropriate Vice President, the process outlined in 26A.8 will be followed. When a Needs-to-Improve is given, the specific criteria categories for reappraisal shall be specified.

c. Unsatisfactory: A member may not be placed in this outcome category without first going through Needs-to-Improve status.

A member may be in Needs-to-Improve status on the basis of the Professional Criteria category (26A.4.1) and/or the Collegial Criteria category (26A.4.2) for no more than two semesters and then needs to be moved either up or down from Needs-to-Improve.

Needs-to-Improve status on the basis of the Institutional Criteria category (26A.4.3) may exceed two semesters. If the appraisal team is unable to document a member’s satisfactory participation in fulfilling the Institutional Criteria category, the team must place the member in Needs-to-Improve status for that category (26A.4.3).

While a member is in Needs-to-Improve, she/he shall be ineligible to teach overloads or summer school, to apply for new PG&D projects, or to apply for or take a sabbatical leave.

The appraisal team, with the appropriate administrator, will meet with the appraisee to review the results of the appraisal and to inform the member of the member’s placement in Needs-to-Improve. When a Needs-to-Improve outcome is given, all supporting documents will be placed into the appraisee’s personnel file.

Prior to final exam week in May, the college President will notify the Director of Human Resources of all members placed on Needs-to-Improve status. The Director of Human Resources will notify the appropriate grievance officer.

26A.8 Appraisal Process for Regular FACULTY Members in Needs-to-Improve Status

If the appraisee’s performance is identified as “Needs To Improve,” the original review team, plus the appropriate administrator, will serve as the appraisal team. The Division Chair, in consultation with the appropriate administrator or the Department Chair, will draft a Plan for Corrective Action for those areas noted as “Needs-to-Improve.” The process will focus exclusively on the identified area or areas.

Upon request of the appraisee or the District, the grievance officer will serve as an observer of the process.

26A.8.1 Pre-Appraisal Conference for Needs to Improve Status, any category (26A.4.1, 26A.4.2, or 26A.4.3)

The procedure for Needs-to-Improve status will be reviewed with the appraisee by the appraisal team. The Plan for Corrective Action developed by the appraisal team will be reviewed with the appraisee.

26A.8.2 Appraisal Methods for Professional Criteria Category Either Instruction/Classroom Related or Non-Instruction/Non-Classroom Related Criteria (both under 26A.4.1) and/or for Collegial Related Criteria (26A.4.2)

26A.8.2.1 Instruction or Classroom Related (26A.4.1)

Based on the Plan for Corrective Action, if the area for improvement is classroom related, appraisal methods may include, but need not be limited to, the following:

Course planning: The appraisee will prepare and submit to the appraisal team a plan for each course which addresses course content, skills to be developed, teaching methods and rationale, and student evaluation procedures.

Observations: Each member of the team must observe each section each semester. The team will determine the maximum number of observations to be conducted.

Student Surveys: Student surveys will be conducted by the eleventh week of class in each semester. The survey shall include all students enrolled in such sections and may include students who were enrolled but dropped or withdrew from the sections.

26A.8.2.2 Non-Instruction/Non-Classroom Related (26A.4.1)

The Plan for Corrective Action, if the area of improvement falls under the Professional Criteria category (26A.4.1) but is not instruction nor classroom related, shall identify specific criteria that are not being met, the expectation of the appraisal team, the actions that are expected to correct the area, and a timeline for completion. The appraisal team will determine the appropriate methods to evaluate the response to the Plan for Corrective Action.

26A.8.2.3 Collegial Related (26A.4.2)

Based on the Plan for Corrective Action, if the area for improvement is related to Collegial Criteria, the team shall identify the criteria that are not being met, the expectation(s) of the appraisal team, the actions that are expected to correct the area, and a timeline for completion. The appraisal team will determine the appropriate methods to evaluate the response to the Plan for Corrective action.

26A.8.2.4 Progress Conference For Needs-to-Improve Status (1st Semester) for Professional Related Criteria (26A.4.1) and/or Collegial Criteria (26A.4.2)

Prior to the thirteenth week of the first semester in Needs-to-Improve Status, the appraisal team will review the Plan for Corrective Action, the appraisal observations, and other relevant information to ensure compliance with the plan. A Progress Conference will be held with the appraisal team and the appraisee prior to the final exam week of the first semester in Needs-to-Improve status.

At the end of the Progress Conference, the appropriate administrator will prepare a written summary that will specify the progress made to date by the appraisee. If the member is returned to Satisfactory status in the Professional Related and Collegial Related Criteria, the appraisal is complete. If the team recommends that continued performance improvement is necessary to correct noted deficiencies, the member will be continued in Needs-to-Improve status for the appropriate category for one more semester. This Progress Conference may also serve as the pre-appraisal conference for the next semester.

26A.8.2.5 Progress Conference for Needs-to-Improve Status (2nd Semester) for Professional Related Criteria (26A.4.1) and /or Collegial Criteria (26A.4.2)

Prior to the thirteenth week of the second semester in Needs-to-Improve status, the appraisal team will meet to review the Plan for Corrective Action, the appraisal observations and other relevant information. A Progress Conference will be held with the appraisal team and the appraisee prior to the final exam week of the second semester in Needs-to-Improve Status. Following the Progress Conference, the appropriate administrator will prepare a written summary of the finding and the outcome.

26A.9 Outcome for Needs-to-Improve Status for Professional Related Criteria (26A.4.1) and/or for Collegial Criteria (26A.4.2)

At the conclusion of the appraisal period (two semesters), there are two possible outcomes:

a. Satisfactory Status: If there has been satisfactory improvement, the appraisee will be returned to Satisfactory status and the appraisal is complete.

b. Unsatisfactory Performance: If insufficient progress has been made, a notice of Unsatisfactory performance will be issued by the appropriate administrator and the member will be notified of being placed in Unsatisfactory status.

26A.10 Appraisal Methods for Institutional Related Criteria (26A.4.3)

If the area of improvement is for performance in the Institutional Related Criteria category (26A.4.3), the Plan for Corrective Action shall identify specific criteria that are not being met. The Plan shall also state the expectation of the appraisal team, the actions that are expected to correct the area and a timeline for completion. The Appraisal team will determine the appropriate methods to evaluate the response to the Plan for Corrective Action.

Needs-to-Improve status may be used more than one year for 26A.4.3 Institutional Criteria only (see 26A.7.b).

26A.11 Outcome for Needs-to-Improve Status for Institutional Related Criteria (26A.4.3)

If progress has been made, but further improvement is necessary, the member will continue to work in the Needs-to-Improve status. If the member states, or the team identifies, that the member does not wish to fulfill expectations for category 26A.4.3, the team may recommend that the appraisal process for correction of this area cease. The appropriate Vice President, ACE Grievance Officer, and Human Resources shall be notified.

If/when the member wishes to return to Satisfactory status for Institutional Related Criteria, he/she must notify the appropriate Vice President and ACE Grievance Officer so that the appraisal team can be reconvened.

See 26A.7.b for limitations when a member remains in Needs-to-Improve status.

26A.12 APPRAISAL PROCESS FOR REGULAR MEMBERS IN UNSATISFACTORY STATUS

A new appraisal team shall be recommended to the appropriate Vice President by the Academic Senate President and formed consisting of:

a. a regular faculty member in Satisfactory status;

b. a Division Chair;

c. the Vice President of Instruction or Vice President of Student Services of the college, as appropriate.

When possible, either the Division Chair or faculty member serving on the appraisal team will have content expertise.

The Vice President of Instruction of Vice President of Student Services will serve as Chair of the Team. The team will review the written summary and any additional relevant information. The team will develop a new Plan for Corrective Action focused on the specific area(s) identified as Unsatisfactory.

Upon request of the appraisee or the District, the grievance officer may serve as an observer of the process.

26A.12.1 Pre-Appraisal Conference for Unsatisfactory Status for Professional Related Criteria (26A.4.1) and/or Collegial Related Criteria (26A.4.2)

The procedure for Unsatisfactory status will be reviewed with the appraisee by the appraisal team. The Plan for Corrective Action developed by the appraisal team will be reviewed with the appraisee.

26A.12.2 Appraisal Methods for Unsatisfactory Status for Professional Related Criteria (26A.4.1) and/or for Collegial Related Criteria (26A.4.2)

26A.12.2.1 Instructional or Classroom Related (26A.4.1)

Classroom Activities - Based on the Plan for Corrective Action, if the area for improvement is classroom related, appraisal methods may include, but need not be limited to, the following:

Course planning: The appraisee will prepare and submit to the appraisal team a plan for each course which addresses course content, skills to be developed, teaching methods and rationale, and student evaluation procedures.

Observations: Each member of the team must observe each section each semester. The team will determine the maximum number of observations to be conducted.

Student Surveys: Student surveys will be conducted by the eleventh week of class in each semester. The survey shall include all students enrolled in such sections and may include students who were enrolled but dropped or withdrew from the sections.

26A.12.2.2 Non-Instruction/Non-classroom Related (26A.4.1)

The Plan for Corrective Action, if the area of improvement falls under the Professional Criteria category (26A.4.1) but is not instruction nor classroom related, shall identify the criteria that are unsatisfactory and the expectations of the appraisal team. The team will establish what corrections are necessary and develop a timeline for completion. The appraisal team will determine the appropriate methods to evaluate the response to the Plan for Corrective Action.

26A.12.2.3 Collegial Related (26A.4.2)

The Plan for Corrective Action shall identify specific criteria that are not being met and the expectations of the appraisal team. The team shall identify what the member needs to correct and determine a timeline for completion. The appraisal team will establish the appropriate methods that will be used to evaluate the response to the Plan for Corrective Action.

26A.13 Outcome for Unsatisfactory Status for Professional Related Criteria (26A.4.1) and/or for Collegial Related Criteria (26A.4.2)

By the 13th week of the 2nd semester in which the faculty member is in Unsatisfactory status the team shall make one of two possible recommendations to the President. The team may recommend that:

a. the faculty member be returned to Satisfactory status; or

b. the member shall not be continued as a faculty member.

The President shall determine whether or not to initiate termination proceedings in accordance with Article 27. If the decision is made to terminate, the member’s assignment will be determined by the President during termination proceedings.

26A.14 AUTHORIZATION

Education Code Sections 87660 et seq. set forth the requirements for the performance appraisal of members. The legislative intent, as stated in AB 1725, provides that a member’s students, administrators and peers should all contribute to the appraisal,

but the member should play a central role in the appraisal process, and, together with appropriate administrators, assume principal responsibility for the effectiveness of the process.

26A.15 NEGOTIABILITY

Any changes in the District Tenure Review or Performance Appraisal Process shall be subject to the negotiation process. ACE shall consult with the Academic Senate prior to engaging in collective bargaining procedures regarding this article (Education Code Sections 87610.1 and 87663).

26A.16 GRIEVABILITY

Only compliance with the performance appraisal process is grievable. Outcomes or results of this article are not grievable.

ARTICLE 26 B

Performance Appraisal

Tenure Track Contract Faculty

26B.1 INTRODUCTION

The primary goal of performance appraisal is improvement of the quality of the educational program. The process should promote professionalism, enhance performance, recognize exceptional performance, and be effective in yielding a genuinely useful and substantive assessment of performance. To achieve this goal, it is necessary to identify, recognize and nurture competence; to identify standard performance and indicate areas where improvement is desirable; to identify performance that requires improvement; and to identify performance so unsatisfactory that termination may be recommended.

Excellence in performance is crucial to maintain and extend the learning presently shown by students at Mission and West Valley Colleges.

The purpose of the four-year appraisal process is to determine whether the tenure track contract member should be granted tenure. The process will provide direction, assistance and support to improve the performance of the tenure track contract member and thus improve the quality of the educational program.

The appraisal system focuses on:

A. Measuring performance in an objective, unbiased manner.

B. Providing useful feedback.

C. Ensuring that appropriate recognition occurs.

D. Encouraging continuing participation in professional development.

E. Ensuring that appropriate training opportunities are recommended as needed for members.

F. Supporting employment status.

The performance appraisal review of tenure track members shall include the following:

A. Site observations

B. Appraisal surveys

C. Criteria for Performance Appraisal Review.

D. Job description

E. Self evaluation

F. By mutual consent, videotapes or other recording devices may be used if included in the performance plan of the non-tenured faculty member being evaluated.

Anonymous letters or materials, excluding student survey data, will not be used in the process.

26B.2 DEFINITIONS

A. The academic year begins July 1 and ends June 30.

B. Faculty or Faculty Member includes, but is not limited to, instructors, librarians, counselors, community college health services professionals, lab faculty specialists, disabled student programs and services professionals, EOP&S professionals, coordinators and individuals employed to perform a service that, before July 1, 1990, required non-supervisorial, non-management community college certification qualifications.

C. Performance Appraisal is a written review of the member’s performance as provided in this agreement. The Appraisal Summary Form is to be placed in the member’s official personnel file in Human Resources. A page listing recommendations, if any, for the next appraisal is to be secured in the appropriate Vice President’s office. All other forms go back to the appraisee.

D. A Performance Plan for tenure track contract members is a written one-year action plan and timeline developed by the appraisal team, in consultation with the member, to provide direction and set priorities during the member’s first years of service. The plan shall focus on enabling the member to become oriented to the college and District, ensuring successful completion of their primary service assignment, and fulfillment of appraisal criteria. Part of the plan shall be based on appraisal team recommendations of the previous appraisal period.

E. Plan for Corrective Action: A written component of the Performance Plan, when needed, developed by an appraisal team for members in Needs To Improve or Unsatisfactory status. The plan will reflect specific actions, recommendations, and timeline for improvement.

F. The Self-Appraisal provides the individual faculty member an opportunity for introspection, reflection and planning. It points out areas of significant competence, effort and contribution made by the appraisee. It also addresses specific recommendations, if any, made on the appraisee’s last appraisal cycle.

G. Satisfactory: Member is meeting all criteria as outlined in 26B.4.1 -26B.4.3 and is meeting expectations of Performance Plan. Continued performance at this level would result in recommendation for tenure.

H. Needs to Improve: Member is consistently not meeting criteria listed in one or more of the criteria categories outlined in 26B.4.1 -26B.4.3. It is anticipated that the behavior(s) can be improved and the member can achieve satisfactory status (thus eligible for tenure) by following the recommendation(s) of the Performance Plan.

I. Unsatisfactory: Member is unable or unwilling to meet some or all of the criteria outlined in the Performance Plan. Member will not be recommended for continued District employment.

26B.3 FREQUENCY OF APPRAISALS

26B.3.1 Year one and year two tenure track contract members shall be evaluated every semester. Year three and year four tenure track contract members shall be evaluated each fall semester unless additional evaluations are called for by the Tenure Appraisal Team and the appropriate Vice President.

26B.3.2 Tenure track contract faculty who are reassigned at least 20% reassigned time during any semester except if funded and supervised outside the district (e.g. ACE and State Academic Senate) will be evaluated on the performance of reassigned time activities during the term of the assignment. If the reassigned time assignment continues for more than one academic year, evaluation shall be on an annual basis. Upon the assignment of reassigned time, the regular member shall meet with the appropriate division/department chair and/or the appropriate administrator to establish written goals for the reassigned time and set a date (or dates) for meeting to assess progress toward those goals.

Outcomes of the evaluation of the reassigned time assignment may be:

a. Satisfactory. If the outcome is satisfactory, the assignment will continue.

b. Needs to Improve. If the outcome is Needs to Improve, the appropriate administrator/faculty member will work with the member to develop a Plan for Corrective Action.

c. Discontinuance. If the outcome is not satisfactory, the reassigned time may be discontinued at the option of the appropriate administrator.

26B.4 CRITERIA FOR PERFORMANCE APPRAISAL REVIEW

All criteria appropriate to the member’s assignment included in this section will be used in the Performance Appraisal Process. Additional criteria, defined as areas specific to the member’s capabilities, experience and assignment, may be developed by the tenure appraisal team and will be included in the Performance Plan. All criteria should be adapted to each member’s specific job description.

A first year member is expected to concentrate 100% of his/her efforts on performance for the service to which the member has been assigned and is not expected to have institutional duties. Exceptions, not to exceed 20%, must be agreed upon by the member, appraisal team and the appropriate Vice President.

During years 2, 3, and 4 tenure track contract faculty may be reassigned, by mutual agreement of member and appraisal team, to duties outside the scope of their primary assignment. During all years they shall maintain sufficient load (at least 80% second year, 60% third and fourth years) in their primary assignment area to ensure effective evaluation. Evaluation of the reassigned time portion of their duties will occur as per article 26 B.3.2.

26B.4.1 Professional Criteria Category

Each member shall:

a. Demonstrate currency and depth of knowledge of the field in the performance of assignment.

b. Demonstrate the ability to communicate subject matter clearly, correctly and effectively.

c. Demonstrate an ability to achieve objectives in area of assignment.

d. Demonstrate an ability to adapt methodologies for students/clientele with special needs and different learning styles.

e. Utilize methods and materials appropriate to the subject matter.

f. Demonstrate evidence of careful preparation and organizational skills in area of assignment.

g. Provide clear assignments or directives to students and regularly inform students of academic standing in class.

h. Provide for each student a current course syllabus, as outlined in the Faculty Handbook and as required by Title 5 and provide a copy to the Division Office.

i. Demonstrate a commitment to student learning by beginning and ending classes according to schedule, holding regular office hours and meeting student needs, as professionally required.

j. Demonstrate currency in the field through participation in professional conferences, workshops, seminars, etc.

k. Meet record keeping obligations on time, e.g., grades, requisitions, schedules, textbook orders, rosters.

l. Carry out budget responsibilities effectively if it is a part of member’s assignment.

m. Supervise classified personnel appropriately if it is a part of member’s assignment.

26B.4.2 Collegial Criteria Category

Each member shall:

a. Work cooperatively within the college community.

b. Foster an environment that protects academic freedom within the college community.

c. Foster a positive working environment which is free from harassment, prejudice and/or bias.

d. Demonstrate positive communication skills within the college community.

e. Demonstrate a respect for the dignity of each individual.

26B.4.3 Institutional Criteria Category (for years 2, 3, and 4)

Each member shall:

Demonstrate a commitment to his/her department/division, college and district by fulfilling his/her institutional responsibilities as outlined in Article 22.

26B.5 Tenure Appraisal Team

26B.5.1 A Tenure Appraisal Team shall be formed for each member hired. With the consent of the Division and Department Chairs and the college Academic Senate President, an appraisal team may elect to evaluate more than one tenure track contract member.

26B.5.2 The team shall be composed of two regular members in satisfactory status, selected by the appropriate Division and Department Chairs, and an administrative designee.

At least one of the members named must come from the appraisee’s department or related discipline, or the division if necessary. In special cases, the appraisal team has exclusive right to include a non-voting external participant for content expertise if that content expertise is not available within the bargaining unit. The selection of the person having content expertise is subject to approval by the appraisee.

26B.5.3 The college Academic Senate President or designee, in consultation with the appropriate Vice President and the department chair/designee, shall approve the selection of members to serve on the team and ensure that the appraisal team is formed prior to the effective date of hire.

All faculty members appointed to the team shall serve for the duration of the review period. If a member can no longer continue as a member of the team, the member will be replaced following the above procedure. If the procedure has not been completed within one month of the effective date a team member’s resignation from the team, the administrative member of the Tenure Appraisal Team shall assume the responsibility for appointing a replacement.

26B.5.4 Tenure Appraisal Team Leader

The leader of the team will be elected by its members.

26B.6 PERFORMANCE PLAN AND TIMELINE

26B.6.1 Pre-Appraisal Conference

By the end of the 4th week, the appraisal team will meet with the member to develop the Performance Plan, to discuss elements of the appraisal, and other information such as commendations, record keeping documents, attendance, course syllabi and drop/retention rates, and establish expectations as defined in the job description. Documents related to the evaluation process will be distributed.

26B.6.2 Observations

There will be a minimum of two observations by each member of the appraisal team. For years one (1) and two (2), there will be a minimum of one (1) observation of each section/activity by a member of the Tenure Appraisal team each semester. For years three (3) and four (4), observations will normally be for the fall semester only. Observations may be conducted without advance notice, and should be completed no later than week 11 of the semester. Observations will include activities appropriate to the member’s service area(s). Based on the observations, teams are encouraged to provide immediate informal feedback and mentoring, as appropriate. Any derogatory information must be promptly brought to the attention of the instructor so that instructor has opportunity to remediate.

Additional observations and surveys may be called for in the Performance Plan or as identified in 26B.3.1.

26B.6.3 Appraisal Surveys

A. Classroom Activities

Student appraisal surveys will be conducted in each class section using official forms during each appraisal semester. Surveys will be completed between weeks 6 and 11. When administering student surveys, a member of the appraisal team or its designee, which could be the appraisee, shall read the written instructions to the class and pass out the evaluation forms. That person will inform the students that ratings and written comments will be used in the appraisals and that the instructor will not have access to the written comments until after grades are recorded. A student will be designated to collect the completed appraisal forms and return them immediately to the Division Office or appropriate collection point. The appraisee will leave the room while students fill out the appraisal surveys.

B. Non-classroom Activities

Appropriate appraisal surveys will be conducted using official forms during each appraisal semester. Surveys will be completed between weeks 6 and 11. The team leader will collect the appraisal surveys and deliver them immediately to the Division Office or appropriate collection point.

26B.6.4 Preparation for Post-Appraisal Conference

Prior to the post-appraisal conference, the appraisal team leader will compile and prepare all of the appropriate documents for the conference using the criteria from Section 26B.4 and following the process specified in 26B.1.

The Department Chair or immediate supervisor, if not a member of the team, will be informed by the team leader of the outcome of each appraisal and may be included in the post-appraisal preparation by request of the team leader.

26B.6.5 Post-Appraisal Conference

At the conclusion of the appraisal, there will be a conference with the appraisee and the appraisal team to discuss the outcomes of the appraisal and other information such as commendations, record keeping documents, attendance, course syllabi and drop/retention rates, as well as a discussion of performance on professional, collegial, and institutional responsibilities.

If the Department Chair is not a member of the appraisal team, he/she may be included in this post-appraisal conference at the request of the team leader.

The Post-Appraisal Conference shall be completed and the summary forwarded to the appropriate Vice President prior to finals week of each semester. The report will be reviewed by the appropriate Vice President who will forward a report to the President. The post-appraisal conference also serves as the pre-appraisal conference for the next appraisal.

26B.6.6 Outcome

The outcome of the appraisal process could result in different recommendations for each of the various performance criteria categories. In each case the outcome could be:

A. Satisfactory: If the recommendation is satisfactory in all areas, the member will be recommended for an additional contract as follows:

At the end of the first year, this contract will be a one-year contract.

At the end of the second year this contract will be a two-year contract.

At the end of the fourth year this contract will grant tenure.

B. Needs to Improve: During the first year, if the appraisal recommends that the member needs to improve in any of the three criteria categories listed in 26B.4, the member will be recommended for an additional contract and a plan for corrective action will be provided by the team in the Performance Plan.

Due to the employment contract implications the outcome of the appraisal during the Fall semester of the 2nd year must be either Satisfactory or Unsatisfactory.

At the end of the Fall semester of the 4th year there must be a team recommendation to move to Satisfactory to grant tenure OR to move to Unsatisfactory to deny tenure.

C. Unsatisfactory: If the appraisal is unsatisfactory in any of the three criteria categories listed in 26B.4, the member will not be recommended for continued employment with the District.

	1^st Year		2^nd Year		3^rd Year		4^th Year
	Fall	Spr	Fall	Spr	Fall	Spr	Fall	Spr
Satisfactory	S	S	S	S	S	(S)	S	(S)*	Tenure
Needs-To-Improve	NI	NI		NI	NI	(NI)		(NI)*		Tenure
Unsatisfactory	U	U	U	U	U	(U)	U	(U)*

The appraisal team, with the appropriate administrator, will meet with the appraisee to review the results of the appraisal. When a Needs to Improve or Non-Renewal of Contract is going to be given, all supporting documents will go into the appraisee’s personnel file. If the decision is made to terminate, the member’s assignment will be determined by the President during termination proceedings.

26B.7 EARLY TENURE

In exceptional circumstances, tenure may be recommended by a tenure track contract member's tenure appraisal team after two years if the tenure track contract member had tenure at a community college or four-year institution before being hired by the District.

For a recommendation of early tenure to be considered it must be for exceptional performance and significant contributions to the member's college and department. The recommendation for early tenure must be made unanimously by the tenure appraisal team.

As with all grants of tenure, this must be agreed to by the appropriate administrator, President, Chancellor and Board of Trustees.

26B.8 NEGOTIABILITY

Any changes in the District Tenure Review or Performance Appraisal Process shall be subject to the negotiation process. ACE shall consult with the Academic Senate prior to engaging in collective bargaining procedures regarding this article.

26B.9 GRIEVABILITY

Only compliance with the performance appraisal process is grievable. Outcomes or results of this article are not grievable.

ARTICLE 26 C

Performance Appraisal - Other

Those persons not specifically covered by Article 26A or 26B (e.g. child care faculty or long term grants, etc.) or Article 112 shall follow the process for Article 26B for the first four years of their employment with the exception that tenure will not be granted. Subsequently, the process for Article 26A will be followed.

ARTICLE 27

Dismissal

Dismissal procedures will follow the applicable California Education Code sections.

Reference: Education Code Sections 87666, 87684, 87732, 87743

ARTICLE 28

Reduction in Force

28.l Reduction in force means termination or reduction of the employment of any contract or regular faculty member because of a reduction or discontinuance of a particular kind of service or because of a decline in attendance.

28.2 At least thirty (30) days before a reduction in force is implemented, the Board of Trustees shall notify ACE of the proposed reduction and the reasons therefore.

28.3 Before giving faculty members notice of a reduction in force, the District shall transfer or reassign faculty members, if possible, in accordance with the provisions of this Agreement.

28.4 In order to avoid layoffs, the Board of Trustees may, if circumstances warrant and if justified by the program needs of the department or division, offer reduced contracts to faculty members who are willing to agree to a reduced contract.

28.5 If a reduction in force becomes necessary and faculty members become subject to layoff, members shall be laid off in the inverse order in which they were employed, provided the faculty member has established competence in a faculty service area which is to be continued.

28.6 In the event a reduction in force is necessary, the Board shall reassign regular faculty members in such a manner that they shall be retained to render service in any faculty service area in which the faculty member is both qualified and competent. In order to be retained to render service in a faculty service area during a reduction in force, the faculty member must both meet state minimum qualifications in the appropriate discipline and be competent in the applicable faculty service area.

28.6.1 In order to be "qualified" in a discipline, a faculty member must meet the minimum qualifications designated for the applicable discipline as designated in regulations adopted by the Board of Governors of the California Community Colleges (or under the terms of a valid credential prior to the expiration of the credential).

28.6.2 Faculty may earn or maintain a faculty service area by submitting the necessary documents to the Director of Human Resources and Employee Relations that verify they meet the minimum qualifications in a discipline and have completed one of the following competency standards within the past five years:

A. Has taught the equivalent of a 1.0 load in the subject matter area at an accredited post-secondary institution, or;

B. Has successfully completed a minimum of nine upper and/or graduate semester units in the appropriate discipline(s), with a grade of C or better;

C. Has completed a combination of standard #1 and #2 so that the percentage completed of standard #1 plus the percentage competed of standard #2 equals 100%.

Faculty may earn or maintain a faculty service area by submitting the necessary documents to the 1725/Equivalency Committee that verify they meet the minimum qualifications in a discipline and have completed one of the following competency standards within the past five years:

D. Has successfully completed coursework that is deemed to be equivalent to nine upper division and/or graduate semester units in the appropriate discipline(s), with a grade of C or better; or

E. Has a minimum of six months, or 500 hours, of appropriate industry experience; or

F. Has specialized skills or abilities determined by the 1725/Equivalency Committee that demonstrate competency; or

G. Has completed a combination of standards (A-F) so that the total percentage completed equals 100%.

28.7 The list of faculty service areas shall be maintained by the Department of Human Resources. Changes to the designation of faculty service areas may be made through the AB 1725 Committee process.

28.8 Faculty service areas in which a faculty member has attained competence, as defined by this article, shall be recorded in the faculty member's official personnel file. When a faculty member has attained competence, his/her name shall be added to the list maintained by Human Resources.

28.9 It shall be the faculty member's responsibility to notify Human Resources when competence has been attained in any additional faculty service area(s). The Director of Human Resources shall confirm with the appropriate department/division chair and the applicable college administrator that the faculty member has meet the competency criteria for an additional faculty service area. If the Director of Human Resources determines that the faculty member has met the competency criteria for an additional faculty service area, he/she shall record the additional faculty service area in the faculty member's personnel file and add the faculty member to the list of faculty with competence in the applicable faculty service area.

28.10 A faculty member who has been notified that his or her employment may be reduced or terminated because of a reduction in force may, if he/she wishes to contest the layoff, either:

a. Initiate a grievance, if the faculty member believes that the Board has violated, misapplied or misinterpreted the specific provisions of this article; or

b. Request a hearing under Education Code section 87740.

If the faculty member elects to file a grievance, the decision that results from the grievance shall be final and the member may not request a hearing under Education Code section 87740. If the faculty member elects to request a hearing under Education Code section 87740, the decision that results from that hearing shall be final (unless appealed to Superior Court), and the employee may not file a grievance.

ARTICLE 29

Provisions Regarding Paid Leaves

29.1 The provisions of this article specify minimum leave requirements. The District has the sole and exclusive right to grant or deny requests for early return from leave or the cancellation or modification of an approved leave.

29.2 Members on leave must notify the President of the appropriate college of their intent to return by the first Friday in September for Spring Semester, or the first Friday in February for Fall Semester. The President or designee will notify the Director of Human Resources within five (5) days of receipt of the member’s notice of intent to return.

29.3 Unless otherwise indicated, time on paid leaves may be extended or shortened by mutual agreement between the member and college President or designee, approval of the Board of Trustees and notification by the Human Resource Director. In any case, an extension will not establish precedent for any other extension to any other member under the same or similar circumstances.

29.4 Time paid on paid leaves of less than twenty-two (22) days will be counted as time in service, and all rights and benefits for regular or non-tenured members will be fully maintained.

29.5 Members on a sabbatical leave will be paid in accordance with the three types of sabbatical leaves specified in Article 40.3. Members on a one-year sabbatical leave at half pay will receive 50% salary, 50% STRS benefits and full health benefits. Members on a one-semester sabbatical leave will receive 100% salary, 100% STRS and full health benefits. Members on a one-year sabbatical leave at full pay will receive 100% salary, 100% STRS benefits and full health benefits. The provision for the one-year sabbatical at full pay will re-open in July, 2006.

29.6 The District may verify leaves of absence, or require the member to verify leaves of absence. The verification required by the District will not be unreasonable. The District may require physical or medical examinations to determine ability to provide services, provided the District pays the cost of the examination.

29.7 Members on paid leave are not eligible for an overload assignment, committees or consultant contract with the District. Members on a partial paid leave may fulfill assigned time responsibilities as a part of their load but may not have assigned time as an overload. The member on any paid leave may be consulted on department/division matters as needed. (See Article 22.)

29.8 No payment of salary or fringe benefits will be provided members who have not faithfully performed all the duties prescribed in the leave provisions.

29.9 As a condition to being granted a sabbatical or rejuvenation or retraining leave, a member shall agree in writing to render a period of service to the District, which is equal to twice the period of the leave. Reference: Education Code Section 877770.

ARTICLE 30

Sick Leave

30.1 Members shall be granted sick leave accrued at the rate of 30 hours per academic semester. Members on an 11-month contract shall be granted an additional 6 hours and members on a 12-month contract shall be granted an additional 12 hours.

30.2 Members must be in active employment or on paid leave to earn or use sick leave. A regular/contract member on leave without pay retains accrued sick leave but shall not accrue additional days during such absence.

30.3 Sick leave days will be maintained by the Human Resources Department and, starting Fall 1993, each member will receive an annual statement regarding their sick leave account.

30.4 A member’s sick leave accrual will be credited at the beginning of each fiscal year. At the time a member separates from the District, the District will deduct the amount of the used, but unearned, sick leave from the member’s final salary warrant.

30.5 All new members shall be credited with unused accrued sick leave that was accrued in another California school district immediately preceding employment. The member must provide the District with proof of such accrual within six (6) months of their date of hire unless a formal agreement for extension has been agreed to in advance. Human Resources shall notify the member when the previously accrued sick leave has been credited to their account. Reference: Education Code §87782

30.6 Any unused accrued sick leave will be accumulated indefinitely. No accrued sick leave will be paid at the time of separation from the District. However, STRS does allow unused accrued sick leave to be used at retirement for service credit.

30.7 Overload sick leave will be maintained in a separate account and cannot be counted as part of sick leave earned as per this Article. See Associate Member (Articles 100-112) section of this contract for information on sick leave earned as an overload.

30.8 A member’s absence will be charged against the member’s accrued sick leave. The actual amount of sick leave charged will be based on the member’s scheduled hours (not including office hours), the actual hours missed, and the load base of the class. The Sick Leave Computation Table defines the calculations for sick leave:

Lecture based load (16.4/15)*: Actual Hours Missed x 1.83

Lab based load (19.7/18)*: Actual Hours Missed x 1.523

Lab based load (21.9/20)*: Actual Hours Missed x 1.371

Lab based load (23/21)*: Actual Hours Missed x 1.305

Lab based load (26.3/24)*: Actual Hours Missed x 1.141

Non-instructional (hour-based) load (32.8/30)*: Actual Hours Missed x .915

*The first number represents the hours per week in the primary assignment based on the 16-week schedule. The second number represents the former 17.5 week schedule.

Example: An instructor is out for a day in which he/she misses 4.5 class hours. If the instructor’s primary assignment load is 16.4 hours per week (Article 18.2.1), the sick leave hours to be recorded are 4.5 x 1.83 = 8.235.

30.9 If the member’s absence exceeds three (3) consecutive days, the President or designee may require a statement from the member’s physician that the member is able to fully perform job duties upon return from illness or injury leave.

30.10 Members who have exhausted their sick leave and are absent from work due to illness or injury for a period of five (5) school months or less shall have compensation deducted monthly in an amount equal to the amount actually paid to one or more temporary substitutes who fill the position during the absence. Such deduction shall not exceed the sum actually paid or, if no temporary or substitute employee is hired, the amount which would have been paid had a temporary or substitute been hired.

Reference: Education Code §87781.

30.11 Refer to Article 13 regarding the available options when one member substitutes for another member.

30.12 CATASTROPHIC LEAVE

Regular employees have the option to donate accrued sick leave to be used by another employee who has, due to a "catastrophic" illness or injury, exhausted all paid leave.

"Catastrophic" illness or injury is defined as illness or injury that is expected to incapacitate the employee for an extended period of time. (Education Code §44043.5)

The maximum amount of time that donated leave credits may be used shall not exceed twelve (12) consecutive months.

Donation of Sick Leave

Employees who donate time must retain the equivalent of at least thirty (30) days of accrued sick leave.

Donated leave credit must be a minimum of eight (8) hours initially, and thereafter can be in hour increments.

The transfer of leave credit is irrevocable.

ARTICLE 31

Personal Necessity Leave

31.1 Regular/contract members may use up to eight (8) days per year accumulated sick leave for personal necessity. Days are not cumulative from year to year. Personal necessity leave shall be granted only for specific leaves and are subject to the following guidelines.

31.2 WITHOUT ADVANCE NOTICE

Notice should be provided to the member’s Division Chair or Dean as soon as could reasonably be expected. Personal necessity leave may be granted:

31.2.1 To extend the number of days of the bereavement leave for a member of the immediate family, as defined in Article 33.

31.2.2 For an accident involving the member’s person or property, or the property of the member’s immediate family, of such a nature that the member’s immediate presence is required during the workday.

31.2.3 For serious illness of members of the immediate family (as defined in Article 33).

31.3 WITH ADVANCE NOTICE AND APPROVAL

Personal necessity leaves must be requested and approved by the member’s Division Chair or Dean. Personal necessity leave may be granted for:

31.3.1 Appearance in court as a litigant. Return to work is required where it is not necessary to be absent for the entire day. Advance notice shall be at least five (5) work days;

31.3.2 Up to two (2) days for religious holidays/observances which the member asserts are of such moral/ethical significance that it is a personal necessity to be absent from work. Advance notice shall be at least five (5) workdays:

31.3.3 Up to two (2) days for other emergencies or personal business which cannot be accomplished during non-working hours. Advance notice to be as soon as reasonable under the circumstances.

Reference: Education Code §87784

ARTICLE 32

Maternity-Related Absences and other Temporary Disability Leaves

32.1 Disability Due to Pregnancy and Childbirth

A regular/contract member may use sick leave if physically disabled and unable to render service to the District as a direct result of pregnancy, miscarriage, childbirth and/or recovery, as verified by a physician. The member will notify the President or designee thirty (30) days prior to the leave date or as soon as possible under emergency conditions.

32.2 The use of sick leave for pregnancy disability shall be treated the same as any other disability for which sick leave is granted. The member is entitled to use accumulated sick leave and shall retain District-paid benefits while on pregnancy disability.

32.3 Length of leave will be for the period of actual disability, as determined by the physician. The President or designee may require the physicians’ statement to be updated upon request. At the time of leave, the member will provide the President or designee of the college a statement of disability. The President will provide a copy to the Director of Human Resources within a five (5) day period.

32.4 In order to use sick leave for pregnancy disability, the member must have been rendering paid service to the District and must not have been on any unpaid leave immediately preceding the disability.

32.5 Prior to returning to work as a result of the temporary disability, the member may be required to provide the President or designee a physician's verification that the member is physically able to render full and complete service to the District.

32.6 A member may extend maternity leave beyond the leave recommended by the physician through the use of banked leave for the duration of the semester. The member will notify the President or designee thirty (30) days prior to the leave date or as soon as possible under emergency conditions.

Reference: Education Code §87766

ARTICLE 33

Bereavement Leave

Regular/contract members are entitled to bereavement leave, with pay, of up to three consecutive days, or five consecutive days if out-of-state travel is required, for each occurrence and at the time of the occurrence, for a death in the immediate family. Immediate family means the mother, father, grandmother, grandfather, grandchild, spouse, domestic partner, son, son–in–law, daughter, daughter–in–law, brother, brother–in–law, sister, sister–in–law, mother–in–law, father–in–law, or any relative living in the immediate household of the member. Immediate family also includes the son, daughter, brother, sister, mother, father of the member’s partner listed on the “affidavit of Domestic Partnership”.

Reference Education Code §87788.

ARTICLE 34

Legal & Civic Duties

34.1 Regular/contract members shall be granted a leave of absence to appear as a witness in court other than as a litigant, to serve on a jury, or to respond to an official order from another governmental jurisdiction for reasons not brought about through connivance or misconduct of the member.

34.2 Such leave(s) shall be granted, with pay, in an amount not to exceed the difference between the member’s regular earnings and any amount he/she received for jury duty or witness fee, exclusive of mileage and meal allowances.

34.3 Members shall return to work during any time in which they do not have to report to court.

34.4 Members may be released for up to 1.00 of the member’s contract load when called to court and assigned to a trial or otherwise retained in court for the related jury duty. Members working over 1.00 load may use personal necessity leave available under their overload assignment up to the limits established by Article 105 for that portion of their load which is over 1.00.

Reference: Education Code §87035, 87036

article 35

Industrial Accident/Illness Leave

35.1 A regular/contract member who must be absent from duty because of an accident or illness arising out of the course and scope of employment shall be eligible for industrial accident and illness leave. The injury or illness must be judged by the District’s Workers Compensation carrier as qualified for Workers Compensation.

35.2 Sixty Day Allowance

Allowable leave shall be for sixty (60) days during time school is in session or days when the member would otherwise have been required to perform work for the District.

35.3 When the leave overlaps into the next fiscal year, the member shall be entitled to only the amount of unused leave due him or her for the same illness or injury.

35.4 Allowable leave (maximum of 60 days) shall not be accumulated from year to year.

35.5 Industrial accident/illness leave shall commence on the first day of absence.

35.6 During any month in which the absence occurs, the District will pay the member the percentage of the salary due for the month which, when added to the member’s temporary disability indemnity (under Division 4 or Division 4.5, commencing with Section 6100 of the Labor Code), will result in payment of not more than the full salary.

35.6.1 The phrase “full salary” shall be computed so that it shall not be less than the member’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code.

35.7 The member shall endorse the temporary disability indemnity check to the District in order to receive compensation. The District, in turn, will pay to the member the appropriate salary.

35.8 The industrial accident or illness leave shall be reduced by one day for each day of authorized absence.

35.9 Upon expiration of the sixty (60) days of industrial accident or illness leave, a member may elect to take as much of their accrued sick leave as is necessary which, when added to the temporary disability compensation, will result in payment of not more than the member’s base monthly salary. The member may also elect to receive substitute differential pay (the difference between the member’s pay and the amount paid the substitute) as provided by the District for extended illness leave, or until income protection insurance, if any, takes effect. For the purposes of these leaves, the absence shall be deemed to have commenced on the date of termination of the industrial accident/illness leave.

When all available leaves of absence, paid and unpaid, have been exhausted and the member is unable to assume his/her duties, he/she shall be placed on a re-employment list for a period of 39 calendar months. If the member is certified by the District’s physician to be medically able to assume the member’s prior duties, the member shall be employed in a vacant position for which the member is qualified. A member who has been placed on a re-employment list who has been medically released to return to work and who fails to accept an assignment for which the member is qualified shall be terminated.

35.10 Any member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California unless the Board of Trustees authorizes travel outside the state.

35.11 Industrial accident/illness leaves shall not be considered a break in service of the member.

Reference Education Code §87787.

ARTICLE 36

Disability Allowance

36.1 The District may grant a leave of absence to any academic member who has applied for disability allowance, not to exceed thirty (30) days beyond final determination of the disability allowance by the State Teachers’ Retirement System (STRS). If the member is determined to be eligible for the disability allowance by STRS, the leave shall be extended for the term of disability, but not more than thirty-nine (39) months.

36.2 The District shall classify as temporary members those persons employed to fill vacancies caused by the absence of academic members who are classified as permanent and are receiving a disability or insurance allowance or benefit from the system or from a group insurance plan for which the District is paying the cost or deducting the cost from the members’ salaries.

36.3 For purposes of this section, the term of employment of the temporary member shall be equal to the number of days of absence of the member receiving the disability allowance.

36.4 If the term of employment extends beyond this period, the member shall be credited for all days served as a probationary member.

Reference: Education Code §87789

ARTICLE 37

Conference Leaves

37.1 LEAVE FOR CONFERENCE OR RELATED ACTIVITIES

Upon recommendation of the Department Chair and approval of the Division Chair, or by recommendation of the Vice President and approval by the President, a member may be authorized to attend conferences, professional meetings and other activities designed to improve the professional competencies of the members.

37.1.1 Activities shall be related to the specific professional area of the member or provide innovative ideas, update teaching techniques/methods, and present new areas for growth in the members’ professional area or other related professional activities.

37.1.2 Activities shall be pertinent to the educational objectives of the department and college.

37.1.3 Activities shall not require the member to be absent from scheduled duties more than five (5) workdays during an academic year. An extension may be granted with the approval of the President.

37.1.4 Within the fiscal constraints of the District, funds for substitute instructors and for defraying expenses related to conference attendance may be provided.

37.2 ROLLOVER OF UNUSED CONFERENCE FUNDS

Conference funds not used during the year shall be available for future faculty attendance at conferences. The Division Chairs Council of each college will decide upon the method by which these rollover funds shall be used and accounted for.

37.3 The District Conference Allocation shall be established at $200 per full-time faculty member (regular and contract).

37.4 Conference funds shall not be used by faculty members while on leave of absence.

37.5 The formula for computing the allocation to the College for conference money is determined by the number of faculty assigned to the college. This includes tenured and non-tenured faculty. The money is not vested by any individual faculty member. Eligibility for conference participation is during the term of active employment.

37.6 Rules Applicable For Academic Years 2003-2004 and 2004/2005 Only

Funding for conference leaves and travel, as per Section 37.3, shall be eliminated for the 2003/04 academic year. Carryover balances for conference leave and travel will be eliminated as well. The District will fund conference leave funds equivalent to $200 per full-time member, or no less than a total of $65,000, in the 2004/05 budget. Subsequently, absent written agreement, conference leaves shall be governed by the other sections of this Article 37.

ARTICLE 38

Banked Load and Banked Load Leaves

38.1 Definition

Banked load leave is leave which is earned and results from an accumulation of overload assignments which the member has chosen to “bank” rather than be paid for during the academic year (July 1– June 30). Faculty load in excess of the normal 1.0 per semester load (an overload, as described in Articles 18.5 and 19.4.3) may be banked in lieu of pay for the uses described in this article.

38.2 Eligibility

Regular and contract full time members in satisfactory evaluation status are eligible to accumulate banked load. The following are not eligible to accrue banked load:

• first year contract members

• members on any kind of district leave

• members on any reduced load (does not refer to assigned time)

• members on Pre-Retirement Banked Load Leave.

38.2.1 Request to Bank Load

Load to be banked must be identified and requested at the time the overload contract is signed and no later than the sixth week of any semester for semester length classes or the first day of instruction for course of less than semester length.

Load for a Pre-Retirement Banked Load Leave may be designated and banked only after the request to bank for Pre-Retirement Banked Load Leave has been submitted and acknowledged by the Human Resources Office.

38.2.2 Banked load may be accrued up to a limit of 2.0, with the single exception which applies to faculty who have filed with Human Resources an intent to use Pre-retirement Banked Load Leave as described later in this Article. (A “full load” will be determined by using the Load Book in effect at the time the member applies for leave). For counselors, librarians or others accumulating overload on an hourly basis, a full semester load shall consist of 525 hours or 1050 hours for a year.

38.3 Banked Load Leave (exclusive of Pre-retirement Banked Load Leave)

A member may take a maximum of one 1.00 semester leave in any time period. A time period will be considered as starting when a member returns from any previous 1.00 semester banked leave and extends for a minimum of five (5) years. Partial leaves may be taken during the five-year period.

38.3.1 Partial Leave

Any withdrawal from the bank of less than 1.00 to fulfill a full (1.00) semester assignment is considered a partial leave.

a. Voluntary. Withdrawals may be made from the bank to balance a voluntary partial leave for a maximum of two times in any five year period.

b. Involuntary. Withdrawals may be made from the bank to balance a full load any semester when scheduling has resulted in the member being “underloaded” (as described in Article 18.4). Underloads for more than one (1) semester should be brought to the attention of the appropriate Vice President and will be subject to the scheduling provisions of Article 19.

38.3.2 At least 50% of the regular/contract members of a department should be on duty each semester. Approval of leaves will be contingent in part upon the ability to maintain the department’s offerings.

38.3.3 If more than fifty percent (50%) of a department applies for banked load leave, leave will be granted according to department seniority among members who have not taken a banked load leave within the past five (5) years.

38.3.4 Members on banked load leave will be paid at their full time pay rate at the time the leave is taken.

38.4 BANKED LOAD LEAVE Procedures

38.4.1 An application for banked load leave is available from the Human Resources Department and must be submitted to the appropriate Vice President and Department Chair by the third Friday in September and the second Friday in February of the semester prior to the semester in which the leave is to be taken.

38.4.2 The request for leave must be reviewed by the Department Chair, who will provide an analysis of program impact and recommendation of alternative coverage. If the applicant will be replaced, banked load leave will not be approved in departments without an appropriate associate registry from which to draw.

38.4.3 Applications will be submitted by the Department Chair to the appropriate Vice President by the first Friday in October and the last Friday in February.

38.4.4 The members will be notified of the approval or denial of the leave request by the first Friday in October or the third Friday in February. If denied, the member will be given the rationale for the denial in writing. A member requesting use of a banked load leave should not be turned down for such leave more than once by the college. In departments receiving multiple applications for banked load leave, approval will be determined in the following order: 1) availability of load replacements, 2) prior applications and rejections, and 3) seniority.

38.4.5 The decision of the Vice President may be appealed within five (5) days of notification to the college President. Decision of the college President is final.

38.4.6 Banked load leave may be combined with sabbatical, rejuvenation and retraining or other one-semester leave, but any combination of leaves should not exceed one (1) year.

38.5 PRE-RETIREMENT BANKED LOAD LEAVE

Pre-retirement Banked Load Leave has been established as one means of encouraging members to do some significant planning in anticipation of their retirement and to ease the transition into this new life phase. Any member who has accrued at least 1.0 banked load and who has at least ten years of service in the District may file a pre-retirement banked load leave plan. The actual date of retirement may be determined at a later date, but it must be no later than one semester prior to the actual date of the initiation of the pre-retirement banked load leave.

A. All eligible regular members have the option of banking load to be utilized as a Pre-Retirement Banked Load Leave. This Pre-Retirement Banked Load Leave will allow a member to reduce the member's workload to a minimum of 50% per year and to use accumulated banked load to make up the other percentage of the full 2.0 annual load. The member will receive the service credit that the member would receive if the member were assigned on a full-time basis. The retirement allowance, as well as other benefits to which the member is entitled, will be based upon the salary that the member would receive if scheduled for a full load.

B. An approved Pre-Retirement Banked Load Leave plan, once activated, may be utilized for up to two years immediately prior to retirement or until a member ceases to be an employee of the District, whichever comes first.

1. A member may plan a Pre-Retirement Banked Load Leave of:

a. A full load (2.0) for one academic year immediately prior to retirement (This would require an amount of 2.0 banked FTE.),

OR

b. Up to a maximum of fifty percent leave each year for one to two years. (This would require up to 2.0 banked FTE.)

C. Members on Pre-Retirement Banked Load Leave may teach or serve an overload assignment and any “re-assigned time” activity shall be included in the load limits of the plan. Any overload courses shall be paid at the prevailing associate faculty rate and cannot be banked.

D. A member who elects to utilize a Pre-Retirement Banked Load Leave must retire at the end of the term specified in the approved plan.

F. Members who have activated Pre-retirement Banked Load Leave are not eligible for additional leaves, retirement incentives or “golden handshake” plans.

38.5.1 ELIGIBILITY CRITERIA FOR PRE-RETIREMENT BANKED LOAD LEAVE

To be eligible for Pre-retirement Banked Load Leave, the member must meet all of the following criteria at the time Pre-retirement Banked Load Leave is activated. The member must:

A. Be at least 50 years of age at the time the Pre-retirement Banked Load Leave plan is filed and at least 55 years of age by the beginning of the semester in which the Pre-retirement Banked Leave is to begin.

B. Have at least 10 years of service with the District prior to beginning the Pre-retirement Banked Load Leave.

C. Be eligible to retire from service under STRS (or PERS) upon the completion of the Pre-Retirement Banked Load Leave.

D. Have served full time, without a break in service, for at least three years immediately preceding the beginning of a Pre-Retirement Banked Load Leave. For this purpose sabbaticals and other approved leaves of absence shall not constitute a break in service, provided any pay-back commitment has been fulfilled. Time spent on a sabbatical or other approved leave of absence shall not be used in computing the three-year full-time service requirement.

38.5.2 PRE-RETIREMENT BANKED LOAD LEAVE FILING and application Procedures

A. Step One: Using an ACE/District authorized form, the eligible member (who has accrued a minimum of 1.0 and maximum of 2.0 banked load) must file with Human Resources an intent to use accrued banked load for the purposes of Pre-Retirement Banked Load Leave. This filing may precede the actual activation of Pre-Retirement Banked Load Leave by years, or it may coincide with the submission of an activation plan as described in the following Step 2.

Upon filing the intent form, the member becomes eligible, on a one-time basis, to earn and accrue up to an additional 2.0 banked load. While the member remains an active employee, or prior to the activation of his or her pre-retirement banked load leave, any banked load accrued in excess of the 1.0 or 2.0 to be used for the pre-retirement banked load leave may be used to balance underloads, to apply for and use banked load leave (see 38.3.1, et seq.) or for cash disbursement (as specified later in this article). Such use of banked load shall be in accordance with other provisions of this Article.

For clarifying information refer to Letter of Understanding #1.

B. Step Two: To initiate activation of a Pre-Retirement Banked Load Leave the eligible member must submit to the college President a written request on a form (agreed upon by ACE and the District) supplied by the District which includes a plan that has been developed with the Department Chair and approved by the appropriate Vice President by the first Friday in February for a Pre-Retirement Banked Load Leave beginning the following fall semester OR by the first Friday in October for a Pre-Retirement Banked Load Leave beginning the following spring semester.

The request/plan should contain:

A. The effective date (must be the first duty day of a semester) and duration.

B. The proposed assignment as specified in the plan.

C. The percentage of contract that the member is proposing to work each semester.

D. The effective date of the member’s retirement.

38.5.3 Approval of PRE-RETIREMENT BANKED LOAD LEAVE

Approval of a Pre-Retirement Banked Load Leave will be contingent in part upon the ability to maintain the department’s or area’s offerings or services.

No application is approved until the recommended action of the President is approved by the Board of Trustees. The applicant will be notified in writing by the Human Resources Department when the application has been authorized by the Board.

Recommendations and approval shall not be withheld, expect for good cause and shall be based on the criteria outlined in 38.2, 38.3.2, 38.3.3 and 38.5.2.

38.5.4 Revisions and Modifications to PRE-RETIREMENT BANKED LOAD LEAVE

Once approved and implemented by written notification, any proposed pre-retirement plan revision or modification must be submitted in writing at least six months before the desired modification is to begin. Any proposed modification will be considered on its particular merits and ramifications and may or may not be approved by the department chair and college President.

38.5.4.1 Members wishing to use pre-retirement banked load may withdraw load at anytime to balance an underload.

38.5.5 Compensation for PRE-RETIREMENT BANKED LOAD LEAVE

If the member institutes a Pre-Retirement Banked Load Leave that results in less than a full-time schedule, the member shall be paid a pro-rata share of the member’s full-time salary. The District and the member will make contributions toward STRS (or PERS) in the same manner and amount required had the member been employed full-time.

For clarifying information refer to Letter of Understanding #1.

38.6 BANKED LOAD CASH DISBURSEMENT PROVISIONS

38.6.1 DEFINITION

Banked load not used for the specific purposes described earlier in this article may be converted to cash disbursement under strict limitations for both actively employed members and those pursuing retired status. The chart depicted below describes the limitations imposed on any cash disbursement of banked load. Prevailing associate faculty rate refers to a member’s placement on the associate faculty salary scale at the time a banked load cash disbursement is made.

38.6.2 Active Faculty Employees

Any amount of accrued banked load removed from banked load status for cash will be paid at the prevailing associate faculty rate. (The cash disbursement chart does not apply.)

38.6.3 Voluntary Severance of Employment

Voluntary severance of active employment (such as, resignation) by a member, except for retirement, will cause that member’s banked load accrual to be paid at the prevailing associate faculty rate when the member officially terminates employment with the District. (The cash disbursement chart does not apply.)

38.6.4 Retirement or Involuntary Discontinuance of Active Employment:

A. Non-Pre-retirement Banked Load Leave

A faculty member with accrued banked load who has not filed for the Pre-retirement Banked Load Leave program may elect to receive a cash disbursement in a lump sum as per the cash disbursement chart. That member’s retirement becomes effective at the time the lump sum is paid and STRS/PERS credit will no longer be accrued by the member. Members who elect this option are not eligible for additional leaves, retirement incentives or “golden handshake” plans.

B. Pre-retirement Banked Load Leave

Excess accumulation of banked load beyond the amount established in the leave plan shall be paid out as per the cash disbursement formula at the time of retirement. A member who has elected to begin pre-retirement banked load leave and who voluntarily leaves the program at any time will have any remaining amount of banked load paid in accordance with the cash disbursement chart. That member’s retirement becomes effective at the time the lump sum is paid and STRS/PERS credit will no longer be accrued by the member. Members who elect this option are not eligible for additional leaves, retirement incentives or “golden handshake” plans.

C. Involuntary Discontinuance of Active Employment

In the event a member leaves active employment with the District due to death or reduction in force, that member (or the member’s estate) shall be eligible to receive a lump sum cash disbursement as per the cash disbursement chart.

For clarify information refer to Letter of Understanding #1.

Cash disbursement chart applicable to a member’s retirement or involuntary discontinuance of active employment:

ACCRUED BANKED LOAD PAY RATE

Less than 1.0 prevailing associate faculty rate for that member

1.0 (whole number) the member’s current salaried rate

Greater than 1.0, but less than 2.0 first 1.0 at member’s current full-time salary; excess over 1.0 at prevailing associate faculty rate for that member

2.0 (whole number)/greater than 2.0 first 2.0 at member’s current full-time salary; excess over 2.0 at prevailing associate faculty rate for that member

38.7 Banked load will be maintained by the Human Resources Department, and each member will receive an annual statement regarding their banked load.

38.8 Time spent on banked load leave will be treated as any other paid leave with regard to continuance of fringe benefits, including retirement, and shall not be considered a break in service of the member.

Reference: Education Code §87790

ARTICLE 39

Rejuvenation and Retraining Leave

39.1 ELIGIBILITY

An applicant for a rejuvenation and retraining leave must have rendered at least six (6) years full-time paid service to the District. This leave is intended for members who have provided extended service to the District and are in need of rejuvenation and/or retraining to update professional skills.

39.2 COMPUTATION OF LENGTH OF SERVICE

Credit for one (1) academic year is earned when the member has worked seventy-five (75%) percent of the total number of teaching days in that academic year for more than sixty (60%) percent of the hours per week required for the member’s full-time assignment. Unpaid leave(s) shall not be included as service in computing the six (6) years of full-time service required.

39.3 EXTENT AND DISTRIBUTION OF LEAVES

The number of rejuvenation/retraining leaves granted each year will be determined by each college President.

39.4 BOARD OF TRUSTEES AUTHORITY

Compliance with the requirements stated in this article does not imply automatic granting of rejuvenation and retraining leave. The final decision rests solely with the Board of Trustees.

39.5 LENGTH OF LEAVES

Rejuvenation and retraining leaves may be one or two semesters in length, effective on the date of the beginning of a semester only.

39.6 COMPENSATION WHILE ON REJUVENATION/ RETRAINING LEAVE

Compensation while on rejuvenation and retraining leave(s) shall be the member’s regular budgeted salary minus the amount used to budget one (1) FTE associate faculty.

Members who undertake gainful employment, or accept a scholarship, fellowship, assistantship or any other type of compensation while on rejuvenation and retraining leave, will report such compensation. Any income from such sources, added to the member’s District rejuvenation and retraining leave salary shall be reduced by the amount that exceeds that members regular salary. Any exceptions to this provision may be granted only on petition and approval by the President.

39.7 BENEFITS WHILE ON REJUVENATION AND RETRAINING LEAVE

During the member’s rejuvenation and retraining leave, a member shall receive all health benefits normally accruing to the member, just as if the member were performing his/her full duties on campus.

Retirement will be affected by this leave. Members should complete an orientation meeting with Human Resources prior to applying for this leave.

39.8 SELECTION PROCESS

The President will provide application instructions and evaluation criteria prior to the second Friday in October. Applications will be evaluated based on the member’s proposal, need and other factors as the President may consider appropriate.

39.9 FINAL SELECTION

The Board of Trustees will take action on the applications two months prior to the end of the school year preceding that for which leave is being applied. Action of the Board will be transmitted to the applicant by the Chancellor.

39.10 CHANGES TO ORIGINAL PROPOSAL

Any proposed changes to the original rejuvenation and retraining leave proposal must be submitted in writing to the President for approval prior to the beginning of the leave or prior to changing activities during the leave. Failure to receive approval in writing from the President or designee prior to making changes in the proposal may result in the loss of pay and/or other disciplinary action.

39.11 UNCONTROLLABLE INTERRUPTIONS

Member’s rejuvenation and retraining leave programs, which are interrupted by events beyond the member’s control, may be extended to permit successful completion. Interruptions would include events such as member illness, injury or substantial changes in the conditions directly affecting the rejuvenation and retraining plan. The member must notify the President and Human Resources of such a request by certified or registered mail within fifteen (15) days of such an event. The President may require whatever information deemed necessary to make a recommendation to the Chancellor. The granting of extensions to accommodate such events will be at the sole discretion of the Chancellor.

39.12 UNSUCCESSFUL CANDIDATES

Applicants whose proposals are not approved are encouraged to submit new proposals in the following academic year.

39.13 OBLIGATIONS UPON COMPLETION OF REJUVENATION AND RETRAINING LEAVE

FACULTY OBLIGATIONS:

39.13.1 Compliance

A written compliance report shall be filed with the President within thirty (30) days of a member’s return to duty.

The President will review the report for compliance with the member’s proposal. Failure to meet the deadline will result in the District withholding ten (10) percent of the member’s pay until the President determines that the requirements have been met or the member has returned the entire cost of the rejuvenation and retraining leave.

39.13.2 Dissemination of Information

The member’s President, Vice President, Division Chair or Department Chair shall assist the leave recipient in sharing the experience of the leave with the college community.

DISTRICT’S OBLIGATION:

39.13.3 Continued Employment

At the expiration of the rejuvenation and retraining leave, the member shall be reinstated in a position equivalent to that held by the member at the time the leave was granted, unless the member agrees in writing prior to the member’s leave to any modifications in the member’s duties.

39.14 GRIEVABILITY

No grievance may be filed or processed in regard to any decision of the President on this rejuvenation and retraining article process, other than failure to follow the established process.

ARTICLE 40

Sabbatical Leaves

40.1 ELIGIBILITY AND PURPOSE

40.1.1 Length of Service

An applicant for a sabbatical leave must have rendered at least six (6) years full-time service to the District. An applicant who has previously been awarded and taken a sabbatical leave must have rendered at least six (6) years full-time service to the District between the time they returned from the leave and the effective date of a subsequent leave.

40.1.2 Computation of Length of Service

Unpaid leave shall not be included as service in computing the six (6) years of full-time service required.

Credit for one (1) academic year is earned when the member has worked seventy-five percent (75%) of the total number of teaching days in that academic year for more than sixty percent (60%) of the hours per week required for the member’s full-time assignment.

40.1.3 Purpose

The purpose of a sabbatical leave is to provide time during which a faculty member will be able to complete a substantial project that will benefit the individual faculty member, the students and the college. A member should keep this purpose in mind while designing their projects and writing their proposals.

40.2 EXTENT AND DISTRIBUTION OF LEAVES

Each year there shall be a pool of eleven (11) semesters of sabbatical leaves available for distribution. The Sabbatical Leave Committee may recommend fewer than the number of sabbatical leaves available. This decision will be based on the merit of the proposals received. Sabbatical leaves which are not distributed or used during a given year may be carried forward to the following year, provided the total number of leaves in any one year does not exceed fourteen (14) including those carried forward from previous years.

40.3 LENGTH OF SABBATICAL LEAVES

Sabbatical leaves will be granted effective on the date of the beginning of a semester only unless otherwise approved by the Sabbatical Leave Committee.

There are three lengths of sabbatical leave. Members may only apply for one type at a time.

a. One semester on full salary;

b. Two semesters on one-half salary. A member may have the option of requesting two non-sequential semesters rather than two consecutive semesters, but the two semesters must be taken within a three semester period;

c. Two consecutive semesters on full salary, to be taken in the academic year immediately following approval. Members electing this option are required to complete twice the amount of work as a one-semester sabbatical at full pay. This provision will re-open in July 2006.

40.4 COMPENSATION WHILE ON SABBATICAL LEAVE

40.4.1 Sabbatical Leaves Which Generate No Outside Income

Compensation during the course of the sabbatical leave shall be under the same compensation schedule employed while the member is on regular duty.

40.4.2 Sabbatical Leaves Which Generate Outside Income

A sabbatical leave for work experience will not be granted for gainful employment, although a salary may be accepted. The salary from such sources plus the member’s district sabbatical leave salary shall be reduced in the amount of that excess. Any exceptions to this provision may be granted only on petition to the Chancellor.

Income from scholarships, fellowships and assistantships, together with the sabbatical leave salary, shall not exceed the amount the member would have been paid had the member not been on sabbatical leave. Any exception to this provision may be granted only on petition to the Chancellor.

40.5 BENEFITS WHILE ON SABBATICAL LEAVE

During a one-(1) semester sabbatical leave a member shall receive all benefits normally accruing to the member, just as if the member were performing his/her full duties on campus. During a two-(2) semester at full pay sabbatical leave, a member shall receive all benefits normally accruing to the member, just as if the member were performing his / her duties on campus. During a two- (2) semester at half salary sabbatical leave, a member shall receive all benefits except that their STRS will be reduced to equal the percent of full-time salary paid by the District. The member may arrange to reimburse the District the reduced STRS monies so that their retirement benefits remain as if they were performing their duties full time on campus.

40.6 TYPES OF SABBATICAL LEAVES

40.6.1 Sabbatical Leave For Study

A member on sabbatical leave for formal study shall complete a minimum of nine (9) semester units or fourteen (14) quarter units of acceptable upper division or graduate work during each semester of their fully paid leave. A minimum of twelve (12) semester units or eighteen (18) quarter units are required for acceptable lower division work.

These courses shall be taken only at institutions accredited by a recognized accrediting agency.

Previous to such leave, the courses to be undertaken must be approved by the committee.

40.6.2 Sabbatical Leave For Travel

Members on sabbatical leave for travel shall remain in travel status for at least seventy-five percent (75%) of the teaching days each semester for which fully paid leave is granted.

Application for such leave shall include a general itinerary (which shall be considered to be to some degree flexible) of the proposed travel, together with a statement concerning the proposed objectives of the travel. Such travel must have as its basic objective the specific enhancement of the member’s teaching effectiveness or other service to the District.

40.6.3 Sabbatical Leave For Work Experience

Leave may be granted for work experience in the field in which the member teaches or for study in schools maintained by a business or industry.

A member granted a sabbatical leave for work experience shall work a minimum of 480 hours per semester.

40.6.4 Sabbatical Leave For Curriculum Development

Leave may be granted for curriculum work. Requests for sabbatical leave to develop curriculum must be accompanied by a needs assessment, letters of recommendation by the member’s Department, Division Chair and Vice President. Such requests should also be accompanied by a statement from the Curriculum Review Committee that the proposal is in keeping with the committee’s guidelines regarding course duplication/proliferation and other such items as the committee may feel are appropriate.

40.6.5 Sabbatical Leave For Other Scholarly or Creative Activities

Proposals for other scholarly or creative activities must be submitted in sufficient detail to allow the committee to evaluate their merit and equate them to academic units of study.

40.6.6 Combined Leave Types

Members may propose a combination of two or more of the aforementioned activities.

40.7 REPORTING UPON COMPLETION OF SABBATICAL LEAVE

40.7.1 Compliance Reports

A written compliance report shall be filed with the Sabbatical Leave Committee by the fifth Friday of the semester of a member’s return to duty.

The committee will review the report for compliance with the member’s proposal. Unsatisfactory reports will be returned to the member for revision. Revised reports must be received by the committee within thirty (30) days of their return to the member. Extensions to these deadlines may be granted by the committee. Such extensions can only be granted in writing upon receipt of a written request from the member.

Failure to meet compliance deadlines shall result in the matter being referred to the Director of Human Resources. Any faculty member who is granted a sabbatical leave shall, as part of the application for the leave, give the District written consent to withhold salary in accordance with the provisions of this section, if the necessary compliance reports have not been filed and accepted by the Committee by the established deadline.

Failure to meet either of the above deadlines will result in the District withholding ten (10%) percent of the member’s pay until the committee certifies that all requirements have been met, or having failed conclusively to meet the requirements the member must return the entire cost of the sabbatical leave.

40.7.2 Compliance Communication

The member’s President, Vice President, or division chair shall assist the leave recipient in sharing with the appropriate segment of the college community the experience of the leave.

40.8 CONTINUED EMPLOYMENT STATUS

40.8.1 District Obligation Upon Return From Leave

At the expiration of the sabbatical leave, the member shall be reinstated in a position equivalent to that held by the member at the time the leave was granted, unless the member agrees in writing prior to the member’s leave to any modifications in the member’s duties.

40.8.2 Member Obligation Upon Return From Leave

As a condition to being granted a leave, a member is obligated to render a period of service to the District which is equal to twice the period of the leave regardless of the compensation level of the leave.

A member is not eligible for banked leave or rejuvenation and retraining leave during this period of service.

40.8.3 Requirement for Bond

The member must furnish a bond indemnifying the Board of Trustees against loss of the cost of the member’s sabbatical leave in the event the member fails to render service which is equal to twice the period of the leave following his/her return from sabbatical leave. Such indemnifying bond shall be filed in Human Resources prior to the beginning of the member’s leave and before any compensation shall be paid to the member under the terms of the sabbatical leave article.

40.9 UNCONTROLLABLE INTERRUPTIONS

Members' sabbatical leave programs which are interrupted by events beyond the member’s control may be extended to permit successful completion. Interruptions would include events such as member illness, injury, or substantial changes in the conditions directly affecting the sabbatical plan. The member must notify the committee and Human Resources of such a request by certified or registered mail within fifteen (15) days of such an event. The committee may require whatever information deemed necessary to make a recommendation to the Chancellor. The granting of extensions to accommodate such events will be at the sole discretion of the Chancellor.

40.10 Selection Guidelines For Determining Priority

The Sabbatical Leave Committee will provide application instructions and evaluation criteria through publications and workshops. Applications will be evaluated based on the following criteria:

40.10.1 Applicant’s Proposed Contributions

Priority in the selection of applicants for sabbatical leave shall be given based on the value of the leave to students, the member and the college. Approximately seventy percent (70%) of the total available points will be based upon the stated purpose, rationale/need and implementation plan.

40.10.2 Applicant’s Past Contributions

Approximately 25% of the total available points will be based upon the applicant’s past contributions to students, the colleges and the District above and beyond those expected of a professional (i.e. professional activities required as part of a full-time member obligation to the District) or compensated by stipend or release time. Such contributions may include, but are not limited to, scholarship, leadership and contributions to the arts.

40.10.3 Length of Service

A total of 5% will be awarded based on the following:

A. Length of service to the District.

B. Distribution of sabbatical leaves among the various departments.

C. Needs of the individual applicant.

D. Number of prior sabbaticals.

40.11 SABBATICAL LEAVE COMMITTEE

40.11.1 Implementation

Implementation of this policy shall be the responsibility of the Sabbatical Leave Committee. The Director of Human Resources shall serve as an ad hoc consultant to the Sabbatical Leave Committee. Any problems in implementing this article shall be reported to the Director of Human Resources and to the ACE President, who shall consult in order to resolve the problems.

40.11.2 Committee Membership

The Committee shall consist of one (1) administrator from West Valley College and one (1) administrator from Mission College, appointed by the respective President, and four (4) members appointed by the Association, (two (2) from Mission College and two (2) from West Valley College), serving staggered three- (3) year terms. A quorum shall be required for the committee to act.

40.11.3 Committee Member Application

Members of the Committee shall not submit an application for sabbatical leave during their term of service on the Committee.

40.11.4 Committee Chairperson

The chairperson shall be elected from the members appointed by the Association. The chairperson shall be elected by a majority vote of the entire Committee and shall have served at least one (1) year before assuming the duties of the office.

40.12 SELECTION PROCEDURES

40.12.1 Application Deadline

Sabbatical leave applications must be received in the Human Resources Department by the first Friday in December of the academic year immediately preceding the academic year for which leave is requested.

At the time of application, the member’s department chair or supervising administrator will receive written notification that a member of the department has applied for a leave. This notification will include the length and proposed dates of the leave. Such information is for institutional planning purposes and shall not influence the selection of the proposal by the committee.

40.12.2 Selection Process

Applications for sabbatical leave will be reviewed by the committee. All applications will be anonymous at this stage of the review process. The committee will develop a prioritized list of approved applicants, using the criteria outlined in 40.10, by the end of the first week of the spring semester. Upon completion of this phase, the list will be sent to the Human Resources Department for forwarding to the college Vice Presidents of Instruction/Student Services, the college Presidents, Chancellor and the Board of Trustees. At this time the committee will inform the applicants of the committee's recommendations.

40.12.3 Final Selection

The Board of Trustees will take action on the applications by the first board meeting in March preceding the school year for which leave is being applied. Action of the Board will be transmitted to the applicant by the Chancellor/designee.

40.12.4 Unused Sabbatical Leaves

Should a recipient of a sabbatical leave be unable to use the leave, the Board of Trustees will be so notified by the Chancellor. A leave will be granted to the next recommended candidate, if available.

40.12.5 Unsuccessful Candidates

Applicants whose proposals are not approved are encouraged to submit new proposals in the following academic year.

40.12.6 Board of Trustees Authority

Compliance with the requirements stated in this policy does not imply automatic granting of sabbatical leave. The final decision rests solely with the Board of Trustees.

40.13 CHANGES TO ORIGINAL PROPOSAL

Changes to approved proposals generally are not considered unless the proposal cannot otherwise be completed because of unusual or unforeseen circumstances. (also see 40.9)

Any requests for change to an approved proposal must follow these guidelines:

A. Proposed changes in content or type of leave must be submitted in writing to the chair of the sabbatical leave committee before beginning the leave or before changing activities if the leave is already in progress.

B. Changes must be approved by the committee chair or designee and the Director of Human Resources. The request will go back to the entire committee for consideration if either party disapproves, or if the change involves the type of leave or if the change is major.

C. If the member fails to comply with the above guidelines, the result may be loss of pay and/or other disciplinary action.

Applicants must take the sabbatical leave during the academic year(s) indicated in their sabbatical application. Applicants who are unable to do so will forfeit the sabbatical leave and it will be granted to the next recommended candidate, if any.

40.14 GRIEVABILITY

No grievance may be filed or processed in regard to any decision of the Sabbatical Leave Committee on this sabbatical article process, other than failure to follow the process established.

ARTICLE 41

Academic Exchange Leave

41.1 Upon recommendation of the college President and the Chancellor, and with approval of the Board of Trustees, a one-year leave of absence (two consecutive semesters) may be granted to regular members for an exchange leave.

41.2 Acceptance of any exchange position by a member shall not affect the member’s seniority or position when accepted into an exchange program. Nor are any of the rights under STRS or under any local or District retirement plan or system affected by an academic exchange leave.

41.3 In the event a member serving as an exchange instructor is compelled to be absent from the member’s duties because of injury, illness or quarantine, the member’s home district will pay the substitute employed and shall decrease the member’s sick leave or, if the member has no sick leave accrued, deduct the amount paid the substitute from the member’s salary.

41.4 If the member from the District serving as an exchange instructor decides not to complete the exchange leave, the member shall immediately notify the appropriate college President. The college President or designee will notify the Director of Human Resources within five (5) days of receipt of the member’s notice of intent to return. If the member does not complete the exchange leave, the member may have the salary deducted for that proportion not completed or the District may allow the member to complete the member’s leave within the District.

41.5 Credit for such service on the salary schedule and all other fringe benefits shall be granted on a year-for-year basis.

ARTICLE 42

Other Paid Leaves

The Board of Trustees has sole, exclusive and discretionary rights to grant such other leaves of absence, (e.g., educational leave, health leave, paid or unpaid, or extension of leave) as the Board sees fit and proper, on condition that such leaves shall not individually exceed any one (1) year in duration and that all continuous leaves granted to any individual member under any authority of this Article shall not, collectively, exceed two (2) years continuous duration.

The impact of the article on retirement and fringe benefits should be reviewed with the Director of Human Resources or designee prior to applying for the leave.

Reference: Education Code §87763 and 87764

ARTICLE 43

Provisions Regarding Unpaid Leaves

43.1 Regular/contract members may be granted a leave without pay for not more than twenty-two (22) assigned duty days in any one (1) academic year at the approval of the Chancellor.

43.2 Regular/contract members requesting unpaid leaves of absence from twenty-three (23) assigned duty days to one (1) year may be granted such leave upon recommendation of the college President, the Chancellor and with approval of the Board of Trustees.

43.3 Except where specified elsewhere in this contract, members on unpaid leave over twenty two (22) assigned duty days shall be eligible for and retain fringe benefits of their position (in accordance with each specific insurance program, carrier, and District requirements) by paying monthly prior to the tenth (10th) day of the month, in advance, the full District and member costs of any such program(s). Members not electing to pay such total costs shall have such benefits rescinded until their return from leave.

43.4 Members on leave must notify the President of the appropriate college of their intent to return by September 1st for Spring Semester or February 1st for Fall Semester. The President or designee will notify the Director of Human Resources within five (5) days of receipt of the member’s notice of intent to return.

43.5 Unless otherwise indicated, unpaid leaves may be extended or shortened by mutual agreement between the member and the college President with the approval of the Board of Trustees. In any case, an extension will not establish precedent for any other extension to any other member under the same or similar circumstances.

43.6 Members on unpaid leave are not eligible for an overload assignment, committee assignment or consultant contract with the District. Members on a partial unpaid leave may fulfill assigned time responsibilities as a part of their load but may not have assigned time as an overload. The member may be consulted on department/division matters as needed.

43.7 For application of the Family Medical Leave Act, contact the Human Resources office.

ARTICLE 44

Child-Rearing Leave

The Board of Trustees may grant a personal unpaid child-rearing leave for a maximum of six (6) months. The member will be granted fringe benefits for the leave period. The leave will begin at the time of maternity, delivery, paternity or adoption, or within close proximity of that date, and terminate upon a date which meets the educational needs of the students and has been mutually agreed between the member and his/her Vice President.

article 45

Military Leave

Members will be granted military leave in accordance with provisions of the Education Code and Military and Veterans Code upon submission of official orders to the District by the affected member.

Reference: Education Code §87700, 87760, 87761, 87731, 87774, 87832

ARTICLE 46

Legislative Leave

46.1 A regular member who is elected to the Legislature shall be granted a leave of absence from his/her duties as a member of the district by the Board of Trustees.

46.2 During the term of the leave of absence, the member may be employed by the District to perform less than full-time service for compensation, and upon terms and conditions as may be mutually agreed upon.

46.3 This absence shall not affect in any way the classification of the member.

46.4 Within six (6) months after the term of office of the member expires, the member shall be entitled to return to the position held by the member at the time of the member’s election, at the salary to which the member would have been entitled had the member not been absented from the service of the District under this section.

46.5 Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such member shall not have any right to the position following the return of the member to the position.

Reference: Education Code §87701

ARTICLE 47

Professional Growth and Development

47.1 INTENT

The purpose of this article is to encourage the continued professional growth of members through on-going updating of knowledge and ability, development of new skills and continuous analysis and improvement of professional expertise.

ELIGIBILITY

Initially, all regular members who are within one (1) year of step 12 on Columns D, E or F and are in Satisfactory or Exemplary status in all areas of appraisal shall be eligible to apply to receive Professional Growth & Development credit. Thereafter, during the final year of the first or later growth step, the member is eligible to apply to move to the next growth step. The member must be in Satisfactory or Exemplary appraisal status to apply for any PG&D step and the member must remain in Satisfactory or Exemplary appraisal status throughout the term of the professional growth project (i.e. a minimum of 3 years of Satisfactory service).

47.2 PROFESSIONAL GROWTH AND DEVELOPMENT COMMITTEE

47.2.1 Membership

The District’s PG&D Committee shall consist of the following: a) four (4) regular members appointed by ACE, two (2) from West Valley College and two (2) from Mission College, and b) two (2) educational administrators or their faculty designee, one (1) from Mission College and one (1) from West Valley College, each appointed by the President. One faculty member from the Committee shall be identified as a Resource Person for purposes of assisting faculty in meeting established guidelines and filing the necessary proposal or report.

A committee member missing two (2) or more consecutive meetings may be replaced by the appointing body at the request of the Chair. Four members in attendance shall constitute a quorum. It will take a vote of two-thirds (2/3) of those present (minimum of three) to reconsider a previous decision.

A member may not vote on his/her own proposal for a professional growth step.

47.2.2 Term Of Appointment

The members shall serve for a period of four (4) years on a staggered basis. Members may be appointed by ACE to the Committee for more than one term.

47.2.3 Chairperson

The Chair shall be one of the regular faculty members of the Committee, whenever possible one who has been on the Committee for at least one (1) year. The Chair shall be elected by a majority vote of the Committee and, as much as possible, the position shall alternate between the two colleges.

47.2.4 Responsibilities

The Committee is responsible for establishing all rules and regulations necessary for implementation of this article, subject to approval of ACE, with consultation from the District Academic Senate and the Human Resources department.

The Committee is responsible for establishing and publishing all rules and regulations necessary for implementation of this article, including:

A. Maintaining a permanent file of all PG&D applications, correspondence and compliance records;

B. Requesting and receiving proposals and compliance reports;

C. Reviewing and requesting modifications or clarification of proposals and compliance reports;

D. Transmitting the committee’s preliminary recommendations on new proposals and compliance reports to the appropriate college President;

E. Certifying that the project has been satisfactorily completed;

F. Forwarding final recommendations on compliance reports to the Chancellor;

G. Forwarding the final certification of completion to Human Resources for their files;

H. Forwarding summary statements of completed projects to Human Resources for inclusion in the Board of Trustees’ agenda for final approval.

47.3 DEFINITIONS

Growth Step:

There shall be four (4) growth steps, each three (3) years, after Step 12. A growth step is the equivalent of eight (8) semester units of academic work from an accredited institution. Three (3) of the eight (8) equivalent units are to be in the subject areas specified by the District and included in this article.

A step advancement cannot take place in less than three (3) years. The 3-year time period runs from the time the faculty members are PLACED on the step, not from the application date. More than three (3) years to complete a step advancement is acceptable. If more than three (3) years are required to complete the approved eight (8) units, step advancement and salary increment will be granted effective the start of the next fiscal year after the compliance report is accepted and approved by the Board of Trustees. The member is then eligible to apply for the next step advancement, during the year in which the compliance report is due or submitted, whichever is later.

Except as stated under Project Limitations later in this article, PG&D credit shall not be given retroactively for work completed prior to June 1st of the year the project application is approved.

Proposal

The proposal shall describe the purpose of the project, its objectives and the proposed activities and measurable outcomes, as well as evaluation criteria to be used.

Anticipated results of the project should be clearly written so that they show the value of the project to the applicant, students and/or college/District.

Unit

A semester credit hour of acceptable course work from an accredited institution or acceptable alternative work and is based on one unit = 48 hours.

Project

A proposal for activities to be completed by the applicant over a professional growth period. The project must meet the guidelines in this article as well as the specific guidelines supplied by the Committee prior to application.

Compliance Report

Documentation that the projected results of the proposal have been achieved.

47.4 PROJECTS

There are two (2) segments that must be addressed in any proposal.

47.4.1 Segment A

This segment of the project must contain course work or activities equivalent to at least three (3) semester units from any of the following four (4) subject areas: computer technology; instructional/student service methodology; cultural awareness/diversity; and learning theory or this segment may include activities requested and supervised by the appropriate College President or designee. Course work need not be upper division if the applicant has limited background in the subject area. In-district courses must be taken on a credit basis. If the proposer takes more than three (3) units to satisfy this segment, the additional units may be applied to fulfill all or part of the requirements for Segment B.

47.4.2 Segment B

This segment of the project must contain course work or activities equivalent to at least five (5) semester units (see 47.4.5.1). The project must produce a measurable outcome which will benefit the applicant, the college/District and/or the students. This segment of the project may be submitted in two ways:

A. as a single proposal of five (5) units with a central theme or

B. as three smaller proposals (one per year). If the projects are submitted yearly, the applicant shall attach an outline of what they anticipate doing when they seek approval of their first section. Each portion of the project may have its own theme, or all three proposals may have one theme.

47.4.3 Timelines

Deadlines for submission of proposals, whether as a single five (5) unit or as a smaller yearly proposal, will be the same and are noted elsewhere in this article.

47.4.4 Revisions

Once a proposal is approved, no revisions are allowed except as noted in this article under Completion and Compliance. Any exceptions to this must be submitted to the PG&D Committee in writing and will be considered on an individual basis.

Recommended exceptions will be submitted to the appropriate College President for review and decision.

47.4.4.1 Project Limitations