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