AGREEMENT
2005-2008
BY AND BETWEEN THE
Board of Trustees
of Washington Community College
District No. 2
AND THE
Grays Harbor College
Federation of Teachers
Local #4984
June 21, 2005
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Preamble................................................................................ 1
Article I Recognition............................................................................ 1
Section 1 Definitions................................................................................ 1
Article II Management
Rights/Responsibilities.................................. 2
Article III Working
conditions................................................................ 2
Section 1 Nondiscrimination..................................................................... 2
Section 2 Academic Freedom.................................................................. 2
Section 3 Faculty Liability........................................................................ 3
Section 4 Copyrights and
Patents............................................................. 3
Section 5 Safety....................................................................................... 4
Section 6 Use of Facilities........................................................................ 4
Section 7 Individual
Contracts and Pay Periods........................................ 5
Section 8 Faculty Personnel
Files............................................................. 5
Section 9 Due
Process/Representation..................................................... 6
Article IV Workload
and Terms of Employment................................... 7
Section 1 Responsibilities
and Work Week.............................................. 7
Section 2 Academic Calendar.................................................................. 8
Section 3 Overload.................................................................................. 8
Section 4 Additional
Remuneration........................................................... 8
Section 5 Outside
Employment................................................................. 9
Section 6 Instructional
Loads................................................................... 9
Section 7 Alternate
Contract/Summer Quarter........................................ 10
Article V Leave
Policy......................................................................... 10
Section 1 Professional Leaves................................................................ 10
Section 2 Leave Without Pay................................................................. 12
Section 3 Sick Leave............................................................................. 12
Section 4 Granting of Leave................................................................... 14
Article VI GHC
Federation of Teachers Local #4984 Rights............ 17
Section 1 Public
Information................................................................... 17
Section 2 Distribution of
Contract........................................................... 17
Section 3 Professional Organizations...................................................... 17
Section 4 Representation to
Board of Trustees’ Meetings....................... 18
Section 5 Conducting GHCFT
Business................................................. 18
Section 6 Use of Facilities...................................................................... 18
Section 7 Bargaining Unit
List................................................................. 18
Section 8 Release Time for
GHCFT....................................................... 18
Section 9 New Faculty
Orientation......................................................... 18
Article VII Hiring of
Faculty.................................................................. 19
Section 1 Qualifications.......................................................................... 19
Section 2 Procedures for
Hiring Full-time Faculty................................... 19
Section 3 Procedures for
Hiring Part-time Faculty................................... 19
Article VIII Review of
Faculty................................................................ 19
Section 1 Tenure Review....................................................................... 19
Section 2 Post-Tenure
Review............................................................... 25
Section 3 Evaluation for
Non-tenured/Non-Probationary Faculty............ 27
Article IX Dismissal.............................................................................. 27
Section 1 ........................................................................................... 27
Section 2 Dismissal Process
of Tenured and Probationary Faculty........... 28
Section 3 Informal Meeting.................................................................... 28
Section 4 Dismissal Review
Committee.................................................. 28
Section 5 Formal Procedure
Relating to the Dismissal of Tenured
and
Probationary Faculty........................................................ 29
Section 6 Procedural Rights
of Affected Faculty..................................... 29
Section 7 Duties and
Responsibilities of the Dismissal Review
Committee.............................................................................. 30
Section 8 Presiding
Officer’s Appointment and Duties............................. 30
Section 9 Final Decision by
the Board of Trustees.................................. 31
Section 10 Appealing the
Board of Trustees’ Decision.............................. 31
Section 11 Suspension............................................................................. 32
Section 12 Publicity................................................................................. 32
Section 13 Special Provision.................................................................... 32
Article X Reduction
in Force............................................................... 32
Section 1 Purpose and
Limitations of Reduction in Force........................ 32
Section 2 Alternatives to
Reduction in Force........................................... 32
Section 3 Grounds for a
Reduction in Force........................................... 33
Section 4 Procedures for
Implementing Reduction in Force..................... 34
Article XI Salary
Schedule Placement and Movement....................... 39
Section 1 Salary Schedule...................................................................... 39
Section 2 Determination of
Placement on Salary Schedule....................... 39
Section 3 Advancement on
Salary Schedule........................................... 40
Section 4 Professional
Improvement Units.............................................. 40
Section 5 Early Notice of
Retirement...................................................... 42
Article XII Grievance............................................................................. 43
Section 1 Definition and
Procedure......................................................... 43
Section 2 Arbitration-Agreement
Issues.................................................. 44
Section 3 Jurisdiction of
the Arbitrator..................................................... 44
Section 4 Arbitrator’s Fees..................................................................... 45
Section 5 Time Limits............................................................................. 45
Section 6 Grievance
Processing.............................................................. 46
Section 7 Election of
Remedies............................................................... 46
Article XIII Benefits................................................................................. 46
Section 1 Enrollment in
Classes, Tuition and Fee Waivers........................ 46
Section 2 Emeritus Status........................................................................ 47
Article XIV Faculty
Excellence Awards.................................................. 47
Section 1 Basic Agreement..................................................................... 47
Section 2 Purpose of Faculty
Excellence Awards.................................... 47
Section 3 Steering Committee................................................................. 48
Section 4 Establishment of
Criteria.......................................................... 48
Section 5 Distribution of
Faculty Excellence Awards................................ 49
Article XV Savings
Clause..................................................................... 50
Section 1 Applicable Federal
and State Laws.......................................... 50
Section 2 Invalidation.............................................................................. 50
Article XVI Scope of
the Agreement....................................................... 50
Section 1 Contract Supremacy................................................................ 50
Section 2 Contract Limits........................................................................ 50
Section 3 Contract
Exclusions................................................................. 50
Section 4 Salary/Benefits
Funding........................................................... 50
Section 5 Waiver Clause......................................................................... 51
Article XVII Uninterrupted
Instructional Activities................................. 51
Article XVIII Duration of
Contract............................................................ 51
Section 1 Length of Contract.................................................................. 51
Section 2 New Contract Negotiations..................................................... 51
Section 3 Contract Re-opener................................................................ 51
APPENDICES
Appendix A Procedures for
Developing Student Course Evaluation
Form.......................................................................................... i
Appendix B Professional Salary
Schedule for 175 Day Contract.................... ii
Appendix B-2 Professional Salary
Schedule for 215 Day Contract - SCCC..... iii
Appendix C Salary Schedule for
Ancillary Dates........................................... iv
Appendix D Letter of
Understanding Regarding Participation by
Faculty in
College Governance................................................... v
Appendix E Procedures Regarding
Divisions................................................ vii
Portion of agreement relating to Stafford Creek
Correctional Center is located at the end of this agreement.
CONTRACT
BY AND BETWEEN
THE BOARD OF
TRUSTEES OF WASHINGTON COMMUNITY
COLLEGE DISTRICT
NO. 2
AND
THE GRAYS HARBOR COLLEGE FEDERATION OF TEACHERS
LOCAL #4984
This is a contract made and entered this 21st day
of June, 2005, between the Board of Trustees of Washington Community College
District No. 2 (hereafter referred to as Grays Harbor College or GHC) and the
Grays Harbor College Federation of Teachers Local #4984 (hereafter referred to
as the GHCFT), an affiliate of the Washington Federation of Teachers and the
American Federation of Teachers/AFL/CIO. The term GHC used hereafter shall mean
the board of trustees or its lawfully delegated representatives.
ARTICLE I:
RECOGNITION
GHC hereby recognizes the Grays Harbor College Federation of
Teachers as the exclusive negotiating representative for all Community College
District No. 2 faculty as defined in chapter 28B.52 RCW.
Section 1. Definitions
A.
Faculty
Faculty shall mean any teacher,
counselor, or librarian who is employed by GHC. Excluded are classified
employees, student employees, the chief administrative officers, and any
administrator, and other exempt employees in GHC who are excluded by law
pursuant to RCW 28B.52 or any subsequent legislation. For purposes of
administering this contract, the following categories are created:
1)
Full-time faculty are annually contracted teachers, counselors or
librarians based on salary schedule in Appendix B. Full-time faculty may be:
(a) Tenure-track,
either probationary or tenured;
(b)
Replacements, who temporarily fill the positions of full-time
faculty on leave or temporarily fill a special need (not to exceed six
consecutive quarters excluding summer).
2)
Pro-rata faculty are contracted annually or quarterly and are
paid a percentage of a full-time salary based upon the salary schedule.
Pro-rata employees may be:
(a)
Proportional faculty whose appointments are partly academic and
partly in another area;
(b)
Fully faculty, who teach a full instructional load and conduct
office hours, and are not expected to perform additional professional duties.
3)
Part-time teachers, counselors, and librarians are contracted
quarterly. Other part-time ancillary contracts are issued for durations
required by the specific appointment. All part-time faculty are paid a salary
according to the rates established in Appendix C.
B.
Administrator
Administrator shall mean any
individual designated by GHC to perform administrative duties fifty percent
(50%) or more of the time.
ARTICLE II
MANAGEMENT RIGHTS/RESPONSIBILITIES
GHC, acting on behalf of the State of Washington, retains
and reserves all powers, rights, authority, duties and responsibilities
conferred upon and vested in it by the State Board for Community and Technical Colleges and laws and the constitutions of the State of Washington and the United States.
The management of the college and the direction of the work
force is vested exclusively with GHC, subject to the terms of this agreement.
All matters not specifically and expressly covered by the language of this
agreement may be administered for its duration by GHC in accordance with such
policies and procedures as it from time to time may determine.
Both parties agree to collectively bargain as defined in RCW
28B.52.020 (8).
ARTICLE
III
WORKING
CONDITIONS
Section 1. Non-discrimination
There shall be no
discrimination against any faculty member because of race, gender, age,
religion, color, ancestry, sexual orientation, physical or mental disability,
marital status, nor in violation of current state and/or federal law unless on
a bona fide occupational qualification, in the administration or application of
the terms of this agreement.
Section 2. Academic
Freedom
Institutions of
higher education exist for the common good. The common good depends upon the
free search for truth and its free expression. Hence, all faculty shall be
free to pursue scholarly inquiry and to voice and publish conclusions.
All faculty shall
be free from the fear that others whose views may differ, whether inside or
outside the college community, could threaten those faculty members’
professional careers.
All faculty shall
have freedom in the instructional setting, and in presenting the subjects that
they teach, within established course outlines. Faculty must have adequate
safeguards of their academic freedom to ensure freedom of learning, teaching,
investigation, and publishing. Faculty shall be free from institutional
censorship or discipline when they speak, write, or act as long as they
exercise academic responsibility in the instructional setting. Academic
responsibility entails attention to the learning objectives of one’s teaching
assignment and respect for the dignity and uniqueness of other people.
Section 3. Faculty
Liability
The Revised Code
of Washington provides for the defense and indemnification of all state
officers and employees whose good-faith performance of their official duties
gives rise to a liability claim. Such liability claims shall be processed
under chapter 4.92 RCW and chapter 28B.10 RCW.
Section 4. Copyrights and Patents
A. This
section describes the college’s policies and procedures for copyrightable
educational materials and other intellectual properties. Its objectives are:
·
to enable the college to foster free and creative expression and
exchange of ideas and comment;
·
to establish principles for the equitable distribution of any
income derived from copyrightable material produced by faculty; and
·
to protect the college’s assets.
B.
The general policy of the college is that ownership of all material
objects and rights in copyright shall remain with the creator unless the work
is a “work made for hire” in the terminology of copyright law.
C.
Institutional works are those intellectual properties created by faculty
members in the course of and as a part of the specific duties of contractual
employment. The ownership of institutional works shall vest in GHC and be
copyrighted or patented, if at all, in its name.
D.
Personal efforts are any intellectual properties created by faculty
members that are not institutional works. The ownership of personal efforts
shall vest in the faculty members and be copyrighted and patented, if at all,
in their names.
E.
If, in some rare cases, the distinction between products created as
institutional works and those created as personal efforts remains unclear, GHC
agrees to notify all faculty members who intend to create such products that it
is advisable to enter into a copyright agreement. The ownership, copyright
and/or patent of such products shall vest in the person designated by written
agreement between the parties entered into prior to completion of production.
In the event there is no such written agreement entered into, the ownership
shall vest in GHC.
Section 5. Safety
Faculty shall not
be required to work under unsafe or hazardous conditions that endanger the
health or safety of themselves or students. Faculty shall report unsafe
working conditions to the appropriate administrator. Emergency procedures
relating to safety and health issues will be periodically updated and
communicated to the faculty.
Section 6. Use
of Facilities
If program needs indicate a potential departure from the
following guidelines, involved faculty must be fully consulted and options
explored prior to making changes.
A. Buildings
All
faculty shall be provided access to all buildings and facilities for which they
have a legitimate use. Keys shall be issued in accordance with established GHC
procedures.
B. Classrooms
All
classrooms shall be equipped and assigned in a manner conducive to student
learning.
C. Offices
1) All
full time faculty shall have their own offices. When office space becomes
available, it shall be assigned based on seniority within buildings, unless
program needs indicate a departure from this practice.
2) Office
space for pro-rata and part-time faculty shall be provided based on teaching
load and availability. Part-time faculty who do not have assigned office space
shall be provided with space suitable for confidential meetings with individual
students.
3) GHC
shall respect the security and privacy of the faculty member’s office and its
contents, consistent with maintenance and custodial requirements.
D. Equipment
1) Faculty
should be provided with the instructional equipment necessary to maintain the
integrity of academic programs, as determined by GHC.
2) Faculty
should be provided with, or have access to, the office and communications
equipment needed to fulfill their responsibilities as determined by GHC.
E. Parking
1) Each
full time faculty member shall be assigned a specific parking place that shall
be reserved until 3 p.m.
2) In
addition, there shall be at least 20 parking spaces in the upper parking lots
reserved for part-time non-student employees. These spaces should be posted as
reserved from 7 a.m. until 10 p.m. and every effort should be made to enforce
such parking regulations until 3 p.m. each day.
Section 7. Individual
Contracts and Pay Periods
A. Contracts
1)
GHC shall provide each faculty member an individual contract in
conformity with Washington state law, SBCTC regulations, and this contract.
2) GHC shall issue each quarterly contracted faculty member
an individual contract prior to the first day of instruction.
B. Pay Periods
1) Salaries for annually contracted faculty will be paid in
eighteen (18) payments (pay dates from October 10th to June 25th) unless they
notify the human resource office in writing of their desire to be paid in one
of the following three salary options:
·
19 payments (pay dates from October 10 to July 10).
·
18 payments plus a balloon payment equal to 6 pay periods on June
25th of each contract year.
·
19 payments plus a balloon payment equal to 5 pay periods on July
10th of each contract year.
2)
This election may be made once per academic year and must be received by
the human resource office no later than August 31st in any contract year.
3)
Quarterly contracted faculty shall be paid in equal installments on the
10th and 25th of each month. For part-time faculty starting between the 1st and
15th of each month, the first pay date is the 25th of the month. For part-time
faculty starting between the 16th and end of the month, the first pay date is
the 10th of the following month.
Section 8. Faculty Personnel Files
A.
Official faculty personnel files exist to provide formal records of the
hiring, qualifications, tenure, evaluation, development and performance of
faculty; to serve as personal professional documentation for faculty; to
document achievements worthy of recognition; to document good quality
performance; and to document serious performance problems not resolved through
informal supervisory coaching as described in Article III Section 9.A. Faculty
members shall be notified whenever documentation is added to their official
personnel files. Further, the file shall contain any material submitted by the
faculty member for inclusion.
B.
Appropriate supervisors maintain informal working notes relevant to
evaluation of a faculty member's performance. In the event that the supervisor
notes concerns that are serious enough to warrant discussion with the faculty
member, the faculty member must be given the opportunity to see any
documentation included, within legal limits. These informal working notes shall
exist no longer than the period between formal evaluations; any informal
documentation not forwarded to the official personnel file within this time
frame cannot be used for disciplinary purposes unless the supervisor and the
faculty member agree to extend the life of the informal documentation.
C.
Official personnel files are maintained in the human resources office.
Procedures regarding access to and handling of files are found in
Administrative Procedure 617.01. The confidentiality of these records shall be
maintained within the limits of the law. A record of access shall be maintained
in each individual personnel file.
D.
Faculty members may access their official personnel files during normal
business hours.
Section 9. Due Process/Representation
A.
No faculty member shall be disciplined without just cause, which must be
documented in the official personnel file as described in section 8 of this
article. Discipline will be corrective and will move progressively through
informal coaching, written warning/reprimand, and dismissal as appropriate,
unless the severity of the employee’s action requires otherwise. This
sub-section shall not apply to decisions regarding renewal or non-renewal of
probationers, decisions regarding the re-hire of part-time or special grant employees,
dismissal of tenure track employees, or decisions regarding the re-hire of
extra-contractual stipend activities.
B.
In the event that informal coaching fails to resolve a problem, any
issues that remain shall be addressed in writing and be made available to the
faculty member. The faculty member shall have the right to have a GHCFT
representative present at any meeting. No disciplinary action shall be taken
until such representation is present or within five (5) days of notification,
whichever is sooner.
ARTICLE IV
WORKLOAD AND TERMS OF EMPLOYMENT
Section 1. Responsibilities and Work Week
Assignments of faculty are the responsibility of the Vice
President for Instruction or designee consistent with the provisions of this
article.
A.
Full-time Faculty
1) Responsibilities
Full-time
faculty are expected to be on campus, or at other authorized off-campus work
locations, engaged in professional responsibilities an average of thirty-two
and one-half (32.5) hours per week, during periods of direct instruction.
Professional responsibilities within the thirty-two and one-half (32.5) hour
week include, but are not limited to teaching and assessment; participation at
division, department, and/or general faculty meetings; in-service training; curriculum
development and preparation; academic advising; club advising; workshops and
seminars (including preparation time); service on college committees;
supervision of paraprofessional employees; and being available to students
during weekly scheduled and posted office hours pursuant to this article.
Non-instructional days shall not exceed eight hours per day and shall not be
included in the 32.5 hour average. Counselors and librarians are expected to
work thirty-seven and one -half (37.5) hours per week with a one-half hour
reduction for every class contact hour when their assignment includes direct
instruction.
2) Work Week
Typically
the work week shall be Monday through Friday, and daily class assignments shall
be within an eight (8) hour span. Faculty may volunteer to work an alternate
schedule, which may include weekends, as a part of their regular load. The vice
president for instruction may assign a faculty member to an alternate schedule
by mutual agreement or in order to maintain a full load provided that:
(a)
there is a legitimate need for the assigned courses to be offered at the
assigned times, and
(b)
scheduling problems cannot be solved by adjusting class loads for
part-time faculty.
3)
Condition of employment for Professional Technical Faculty
For
all Professional Technical Faculty, certification under WAC 131-16-070 thru 094
is a condition of continued employment.
B.
Part-time Faculty
1) Responsibilities
In
order to carry out the specific terms of their individual contracts, part-time
faculty are expected to be on campus, or at other off-campus work locations,
engaged in professional responsibilities, which include teaching, assessment,
and preparation (or other duties in the case of non-classroom faculty), and
should be reasonably available for student consultation.
2) Participation in Meetings
Part-time
faculty may voluntarily participate in division, department, and general
meetings; curriculum development; in-service training; workshops and seminars;
and service on college committees; without compensation.
Section 2. Academic
Calendar
A.
Calendar Committee
The
GHCFT shall elect three (3) faculty to serve on the calendar committee. The
calendar will provide for 173-175 days of service per year for full-time
faculty, and will include not less than 150 instructional days, 9 examination
days, 4.5 advising days, 4.5 in-service days, and 4 prep days; the remaining
days will be designated in these categories. For purposes of calculating
retirement and other benefits based on the annual calendar, the daily rate of
pay shall be based on 1/175 rather than on a variable calendar.
B.
Alternate Contract/Counselors and Librarians
By
mutual agreement, faculty whose work assignments are not tied directly to the
instructional calendar (counselors and librarians) may be issued contracts
specifying work days during times when classes are in recess and faculty are
not involved in scheduled activities. However, the total number of contracted
work days shall not exceed 175 days without extra compensation and mutual
agreement between the faculty and the appropriate administrator.
Section 3. Overload
Full-time faculty may voluntarily teach overload classes and
be paid at the part-time hourly rate; however, the overload is not to exceed fifteen
load-hours per academic year, on average, beyond the assigned full-time load
unless permission is granted by the vice president for instruction.
Section 4. Additional
Remuneration
A.
Additional pay for faculty may be approved for professional activities,
if these activities support the academic programs of the college and are above
and beyond one's contractual responsibilities.
B.
Academic peers who are assigned to evaluate off-campus peers shall be
paid mileage in accordance with OFM regulations. Faculty peers who are assigned
to evaluate colleagues outside of their normal working hours shall be
compensated for their time.
Section 5. Outside
Employment
During the contracted term of employment, full-time faculty
are not at liberty to accept any other employment or to engage in any
professional or business activity that interferes with the discharge of regular
duties or violates the ethics law chapter 42.52 RCW.
Section 6. Instructional
Loads
A. Full time loads shall be calculated on the following
basis:
1) The annual load shall be 44-46 load hours.
2) The
approved course master file maintained in the vice president for instruction's
office shall determine the lecture and lab components.
3) Load hours shall be calculated as follows:
a)
The lecture component of any course shall be calculated on the basis of
one contact hour equals one load hour.
b)
The lab component of any course shall be calculated on the basis of two
contact hours equals one load hour, except as otherwise noted herein.
c)
The clinical component of nursing classes shall be calculated on the
basis of 1.2 contact hours equals one load hour.
d) For
ESL, ABE, GED and PE courses, the total contact hours multiplied by .75 shall
equal load hours.
e) The
load value of distance learning courses shall be calculated consistent with
this section.
f) Simultaneous courses shall be
treated as one course.
4) Linked
classes, learning communities, and team teaching shall be pro-rated among the
participants.
5) Independent study shall be exempted from
load calculations.
6) Cooperative
work experiences, internships and practicums shall be handled in a manner to be
mutually determined by GHC and the GHCFT.
B. Part-time
quarter load hours are determined by totaling the lecture hours and the lab
hours included in the course descriptions, according to the approved course
master file maintained in the vice president for instruction’s office
Section
7. Alternate Contract/Summer Quarter
Upon mutual written agreement between a tenured faculty
member and the appropriate administrator(s), summer quarter may be worked in
lieu of a regular quarter. In such instances, the days worked and compensation
shall be the same as if the regular quarter had been worked. The academic year
begins with the summer quarter; thus, the faculty would be assigned to work the
summer quarter of that year plus two more quarters.
ARTICLE V
LEAVE POLICY
Section 1. Professional Leaves
There shall be a program of professional leave which
includes:
A. Sabbatical Leave
The purpose of the sabbatical leave shall be to enhance the
professional skills of the faculty member through study, research, and/or
creative work.
1) Sabbatical
leaves may be granted by GHC for one quarter of leave for each six (6) quarters
of full-time professional service to Grays Harbor College. The maximum leave is
three (3) quarters (one academic year). All full-time, tenured faculty with at
least three years of continuous service at Grays Harbor College are eligible to
apply for sabbatical leave. The average number of sabbatical leaves to
full-time faculty shall not exceed four percent (4%) of the full-time faculty
in any given year. Sabbaticals must be taken within one fiscal year.
2) The
president (ex-officio member), vice president for instruction, an officer of
the GHCFT, and a tenured faculty elected by the faculty shall serve as a
selection committee to make recommendations to the board of trustees.
3) Applications
for sabbatical shall be submitted to the vice president for instruction by
January 20 of the academic year preceding the leave. The sabbatical selection
committee should forward its recommendations, its rationale, and all submitted
applications to the board of trustees by February 20.
4) Projects
or plans will be evaluated according to their value to students and to the
institution based on one or more of the following criteria:
(a) The value of the project or
plan in relationship to teaching responsibilities, other college goals or
professional goals
(b) The
ability of the applicant to achieve goals of the project or plan as based on
past experience and academic background
(c) The
benefit of new or additional knowledge in the subject or field to be studied
(d) The
evidence of support (in the form of recommendations and/or financial) from
other institutions, foundations, or persons concerned with the proposed plan or
project.
(e) Seniority of the applicant
(f) The
number of quarters of sabbatical leave for which the applicant is eligible.
This number is given by the following formula:
Where
Q is the number of sabbatical quarters for which the applicant is eligible, NS
is the total number of non-sabbatical quarters that the applicant has served
full-time tenure-track, and Sp is the number of sabbatical quarters previously
taken by the applicant.
5) Pay
during sabbatical leaves shall be at the rate of seventy-five percent (75%) of
the regular contract pay. Compensation for leaves of less than an academic
year shall not exceed a proportional amount of the annual rate, computed on a
daily rate.
6) A
sabbatical leave will be contingent upon a signed contractual agreement between
the recipient and GHC providing that the recipient shall return to the
institution for a period commensurate with the amount of leave granted or
return the total remuneration for the leave. Additionally, the faculty shall
submit to the board of trustees a post-sabbatical written report that
demonstrates the degree to which the sabbatical fulfilled its applicant’s
intent and met selection criteria. The report must be submitted by the last
day of the first quarter following return from sabbatical. The board’s
acceptance of the post-sabbatical report reinstates eligibility for future
sabbaticals.
7) All
sabbatical leaves count as equivalent service for purpose of salary adjustment
and for all other seniority purposes. Faculty returning to the college after
sabbatical leave shall return to the same status (classes, class load, office,
etc.) as existed when they left. Any change in status must be agreed upon by
the vice president for instruction and the faculty granted leave.
B. Faculty Development Leave
1) Leave
with full pay may be allowed, at the discretion of the GHC president or the
appropriate administrator, to enable faculty to make visitations to observe
methods, approaches, and techniques for the purposes of coordinating programs
and improving instruction and /or service to students. GHC may pay the expenses
incurred by such visitations to the extent authorized by law and other
applicable regulations.
2) Faculty
may attend, at the discretion of the GHC president or the appropriate
administrator, state, regional, and national meetings or conferences of their
academic disciplines or occupational specialties. GHC may pay the expenses
incurred in such visitations to the full extent authorized by state laws and
local regulations as they now exist or are hereafter amended.
C. Retraining Leave
Tenured
faculty who, because of program change, reduction, or termination, cannot be
effectively assigned may request funds for retraining leaves, paid at
seventy-five percent (75%) of the regular contract pay, for up to one (1) year.
If approved, such requests shall have priority over other leaves and shall be
granted before sabbatical leaves. The GHCFT shall be notified of the
application for any such leaves.
Section 2. Leave Without Pay
Leave of absence without pay may be permitted by mutual
consent of the applicant and the GHC president or designee.
Section 3. Sick Leave
A. Accrual of Sick Leave
1) Accrual of Sick
Leave
(a) Faculty under contract for
employment at full-time for at least three consecutive quarters will be granted
one day of sick leave for each calendar month of employment during which
services are rendered. These days will be allotted at the commencement of the
contract period. Faculty with annual contracts of less than full-time will
receive a pro rata share of sick leave which shall be non-compensable for
purposes of sick leave buy-out. Full-time faculty who retire or become deceased
during a contract period will be eligible for sick-leave reimbursement only up
to a limit of one leave day per month for the months worked. Any days of leave
that have been claimed beyond that limit shall be converted to leave without
pay, with an appropriate adjustment made to the faculty's final paycheck.
(b) Leave for illness, injury,
bereavement and emergencies previously accumulated under Washington State law, rule, regulation or policy by persons presently employed by GHC shall be added to
such leave which is accumulated at GHC.
(c) Faculty who have accumulated
leave at GHC prior to ceasing employment shall have the leave reinstated when
they return to the employment of GHC.
(d) Except as otherwise provided in
this agreement, accumulated leave under this section which is not taken at the
time a person retires or ceases to be employed by GHC, shall not be compensable.
B. Attendance Incentive Program (Annual Sick Leave
Buy Out)
1) In accordance with RCW 41.04.340, an
attendance incentive program is established for faculty of GHC who are eligible
to accumulate leave. As prescribed by law, no employee may receive compensation
under this section for any portion of sick leave accumulated at a rate in
excess of one day for each calendar month during which services are rendered.
2) The following specific procedures shall
apply in administering the attendance incentive program for faculty at GHC:
(a) Separate Categories for Sick
Leave Earned Prior to July 1, 1980. Leave entitlement shall be accumulated in
two separate categories, the first identified as a compensation account and the
second as an auxiliary account. Employees with accumulated leave under previous
leave policies shall have such accumulations divided between the two accounts
so that not more than one (1) day for each calendar month of full-time
employment in work status shall be credited to the compensation account. Any
days accumulated in excess of one (1) for each calendar month shall be credited
to the auxiliary account.
(b) Compensation
for Unused Sick Leave
Eligible employees shall receive
monetary compensation for accumulated sick leave as follows:
(i)
In January of each year an employee may
receive compensation for 25% of her/his sick leave balance in excess of 60
days. For compensation purposes, a minimum of 60 days sick leave balance must
be maintained.
(ii)
In the event that fewer sick leave days
have been used during the previous year than were accumulated, those days used
shall be deducted from the compensation account. In the event that more sick
leave days have been used during the previous calendar year than were
accumulated, the first days used shall be taken from the compensation account
up to the amount accumulated in the previous year. Additional days shall be
deducted from the auxiliary account until it is depleted, following which days
shall be deducted from the compensation account.
(iii) Monetary compensation for converted compensable
days shall be computed by multiplying .25 by the employee's current daily rate
of pay. This rate is then multiplied by the total eligible sick leave to arrive
at the amount to be paid the employee.
(iv) All days converted to compensation will be deducted
from the employee's compensation account balance.
C. Compensation at Retirement or Death
1) At the time of separation from state service due to
retirement or death, an eligible employee or the employee's estate shall
receive remuneration computed by multiplying .25 by the employee's current
daily rate of pay. This rate is then applied to the total eligible sick leave
days to arrive at the amount due to the employee.
2)
Moneys received under this section
shall not be included for the purpose of computing a retirement allowance under
any eligible retirement system; compensation shall be based upon the employee's
salary at the time of separation. For purpose of this agreement, retirement
shall not include “vested-out-of-service" employees who leave funds on
deposit with the retirement system or employees who withdraw deposited
retirement funds.
3) Accordingly, for an employee to qualify for
compensation for sick leave, the employee must retire from state service and
receive retirement benefit payments from an eligible retirement plan, and for
the purposes of this agreement only, retirement due to age shall not be
considered to have occurred prior to the attainment of age fifty-five, or 30
years of service credit (at whatever age that may occur).
4) An employee who separates from the district for any
reason other than retirement or death shall not be paid for accrued sick leave.
5) No
contributions are to be made to the retirement system for such payments.
D. VEBA
options shall be administered in accordance with applicable statutes.
Section 4. Granting of Leave
A.
Approved Leaves
When approved by the college president or
designee, leave for illness, injury, bereavement, emergencies and personal
leave days will be granted to faculty as appropriate. When faculty know about
the need for upcoming absences in advance, they must submit a leave request to
the appropriate administrator for approval. The administrator will respond
within six working days of the request. If the administrator fails to respond
in six days, the leave request is considered approved.
1. Absence Because
of Illness, Injury or Emergency
When faculty cannot appear for work
because of illness, injury or emergency, and did not know about the need for
absence in advance, they shall notify the college according to administrative
procedures established by the vice president for instruction.
After completion of one quarter of employment
with the College, part-time faculty shall accrue sick leave on a pro-rated
basis in accordance with RCW 28B.50.4893. Part-time faculty will be eligible
to carry forward sick leave balances from quarter to quarter and use their
sick leave any quarter they are under contract with the College. This leave
may be taken without salary deduction, for illness, injury, bereavement and
emergency. This leave is non-cumulative and non-compensable. It is allotted
at the beginning of the contract period.
2. Bereavement Leave
Three days of bereavement leave shall be
granted for a death in the employee's family, as defined in this article.
Bereavement leave may be extended with approval of the President or designee.
Bereavement leave will be charged against accrued sick leave.
3. Personal
Leave Days
Full-time faculty shall be granted up to
two (2) days of paid personal leave per contract year. The purpose of the leave
is to provide the opportunity to conduct necessary personal business not
covered under sick leave provisions. Personal leave is not cumulative and
faculty may not be compensated for unused personal leave. This leave shall not
be charged against any other leave account.
B. Granted Leaves
The right to civil and military, parental, and
family leaves is granted by law. Faculty taking such leaves will notify
administration of their intent in advance when possible. These leaves are not
subject to approval.
1. Civil and
Military Leaves
Leave of absence with pay shall be
granted faculty who are required to serve on jury duty. Faculty members shall
reimburse the institution for all compensation received for such civil duty,
exclusive of expenses incurred. The administration of military leave for all
public employees is governed by RCW 38.40.060.
2. Parental Leave
a. Faculty may take up to two (2)
quarters of parental leave for the birth of a child or placement of a child for
adoption or foster care. Faculty who take parental leave may use a combination
of sick leave, shared leave, and/or leave without pay. During the parental
leave, the faculty’s benefits will be paid by GHC. Return from such leave shall
normally coincide with the beginning of an established quarter.
b. Parental leave may be taken on a
reduced work schedule subject to the approval of GHC.
c. Faculty planning to take parental
leave to care for a newborn or newly adopted child shall provide GHC with
written notice at least thirty (30) days in advance when feasible.
3. Family Leave
a. Faculty are entitled to twelve
(12) weeks of family leave in any twelve (12) months as provided for under the
Family and Medical Leave Act of 1993. Leave may be granted for the care of the
faculty's family member(s) with a serious health condition. Faculty may use a
combination of sick leave, shared leave, and/or leave without pay. Full
benefits will be paid by GHC for twelve (12) weeks. In addition to the twelve
(12) weeks of paid benefits required by FMLA, GHC will allow faculty to have an
additional month of paid benefits for parental or disability or family leave if
the eligible faculty is placed in pay status for at least one (1) day of that
month.
b. Faculty are eligible if they
have worked for GHC as faculty for (1) academic year during the year preceding
the start of leave.
c.
Family members normally shall be
limited to:
(i) Spouse
Husband or wife as
defined or recognized under State law for purposes of marriage, including
common law marriages in states where it is recognized.
(ii) Parent
A biological parent or
an individual who stands or stood "in loco parentis" to an faculty
when the faculty was a child.
(iii) Son
or Daughter
A biological,
adopted, or foster child, a stepchild, a legal ward, or a child of a person
standing "in loco parentis," who is under age eighteen (18), or age
eighteen (18) or older and "incapable of self-care because of a mental or
physical disability."
(iv) Brother
/ Sister
(v) Grandchild
(vi) Grandparent
(vii) Household
Members
Persons who reside in the same
home who have reciprocal duties to and do provide financial support for one
another. Examples of proof of household member status include shared property
ownership, joint banking accounts, life insurance policy beneficiary status or
other evidence of legally recognized mutual responsibility.
ARTICLE VI
GHC FEDERATION
OF TEACHERS LOCAL #4984 RIGHTS
Section 1. Public Information
GHC agrees to furnish the GHCFT access to all public
information in accordance with the Public Records Act. Non-confidential
material relating to the board of trustees' agenda will be furnished to the
GHCFT president prior to board of trustees meetings.
Section 2. Distribution of Contract
Within thirty (30) days following ratification and signing
of this contract, GHC shall print and distribute a copy of this contract to all
full-time and pro-rata faculty. The style and format of the contract shall be
mutually determined by GHC and the GHCFT prior to the district printing of the
contract. Fifty (50) additional copies shall be provided to the GHCFT
secretary. All full-time and pro-rata faculty new to GHC will be provided with
a copy of this contract by GHC; all part-time employees shall receive
notification from GHC with their contracts that they are represented by the
GHCFT, and shall be informed as to locations where a copy of this contract may
be found; this contract shall be available to all applicants for faculty
positions. An original copy shall be prepared by GHC and a copy put on reserve
at the main campus library and at each of GHC's branch campuses.
Section 3. Professional Organizations
Faculty members are professionals, and therefore are
encouraged to join organizations both professional and non-professional that
contribute to the effectiveness of the faculty within the college and within
the community. Allowances may be made for attendance at meetings of such
organizations.
Section 4. Representation to Board of Trustees'
Meetings
The GHCFT may have representatives, including but not
limited to the GHCFT president, who attend all public meetings of the board of
trustees. Lawfully conducted executive sessions shall not be considered public
meetings.
Section 5. Conducting GHCFT Business
Duly authorized representatives of GHCFT shall be permitted
to transact official GHCFT business on GHC property.
Section 6. Use of Facilities
A.
The GHCFT and its representatives shall have the right to use GHC's
buildings for meetings related to the representation of the bargaining unit.
B.
No charge shall be made for the GHCFT's use of GHC rooms. Equipment
owned or rented by GHC may be used by GHCFT for its own purposes to the extent
permitted by law.
C.
The GHCFT shall pay for the actual costs of photocopies, long-distance
telephone calls, mailing costs, supplies, and materials used.
D.
The GHCFT and its affiliates shall have the right to post notices of its
activities and matters of GHCFT concern on GHC bulletin Boards in general, and
shall have exclusive use of the bulletin boards, filing cabinet and shelves
designated for GHCFT use in the mailroom area of the administration building.
E.
The GHCFT may use faculty mailboxes, telephones and electronic mail for
communications related to the representation of the bargaining unit.
Section 7. Bargaining Unit List
GHC will continue to furnish the GHCFT with the names,
salary schedule placement and/or hourly rate, and Program Unit lists (as
described in Article X, Section 4.a.2 of this contract) for each faculty
employed by GHC.
Section 8. Release Time for GHCFT
GHCFT may purchase up to one-third (1/3) release time for
the GHCFT president. GHCFT shall reimburse the district $2,500 for each quarter
of release time utilized.
Section 9. New Faculty Orientation
The GHCFT shall have reasonable access during new academic
orientation to present information and answer questions.
ARTICLE VII
HIRING OF
FACULTY
Section 1. Qualifications
GHC shall determine minimum qualifications consistent with
applicable SBCTC regulations.
Section 2. Procedures for Hiring Full-time Faculty
Hiring of full-time faculty shall be conducted with the
participation of screening committees as outlined in the Letter of
Understanding Regarding Participation by Faculty in College Governance (see
Appendix D).
Section 3. Procedures for Hiring Part-time Faculty
Hiring of part-time faculty is the responsibility of the
vice president for instruction or designee. Affected faculty will be consulted
as determined by the vice president for instruction.
ARTICLE VIII
REVIEW OF
FACULTY
Section 1. Tenure Review
A. Intent
1) These
procedures are presented as the minimum of evaluation activity required and
should not be considered as restricting other evaluation activity.
2) These
procedures shall be carried out on a professional basis which serves the best
long-term interests of the faculty, and the institution. Committees shall
observe the principles of confidentiality in their discussions and
deliberations.
B. Selection of the Tenure Review Committee
1) Tenure
review committees shall be established for all probationers. The
committees shall be responsible for evaluating the probationers until they are
either granted tenure or are no longer employed within Community College
District No. 2.
2) The
vice president for instruction shall be responsible for the establishment of
each tenure review committee, which shall normally begin functioning no
later than the fifth week of the probationer's first academic quarter as
faculty.
3) Each
tenure review committee shall comprise five members. Faculty members shall be
elected to tenure committees at a meeting of tenured faculty called by the vice
president for instruction.
·
Position #1 - the appropriate division chair is automatically
nominated; faculty may nominate others for this position at the election
meeting
·
Position #2 - the probationer nominates one tenured faculty
member; faculty may nominate others for this position at the election
meeting
·
Position #3 - nominations for this position will come from
tenured faculty at the election meeting
·
Position #4 - the president of GHC shall appoint a member of
GHC’s administrative staff
·
Position #5 - a full-time student shall be appointed by the
student government president, after the selection process has been reviewed by
the vice president for student services or designee.
A
vote shall be taken at the election meeting to determine faculty members to
fill positions 1, 2, and 3; the nominee receiving a majority vote for a
particular position shall be elected. If no candidate for a particular position
receives a majority vote, a run-off election shall be held within five days
between the two candidates receiving the largest number of votes. If a vacancy
occurs on a tenure committee, the position shall be filled within two weeks by
the same selection method employed in the original appointment.
4) At
its first meeting, the committee shall elect a chair from among the members
in positions 1-4; the committee chair must ensure that all aspects of the
committee's responsibilities are carried out as outlined in this section.
C. Creation of Tenure Committee Documents
Participants in the tenure review process are responsible
for creating the documentation necessary to substantiate recommendations on
tenure. Each of the required documents should be thorough, accurate, and
concise. Definitions of these documents, and guidelines for their creation, are
provided below.
1) Observation
Reports: The class observation report should meaningfully describe a class
session observed. The aspects addressed might include mastery of the
discipline, interaction with students, use of appropriate teaching techniques,
and presentation style. In the case of non-classroom faculty, the observation
report should meaningfully describe such instructional activities as workshop
presentations, guest lectures in others’ classrooms, and individual
instruction/interaction with students. The observation report should make note
of noteworthy successes as well as any causes for concern.
2) Self-Evaluation
Reports: The annual self-evaluation report is written by the probationer and
submitted to the committee in the third and sixth quarters of tenure review. In
the self-evaluation, the probationer should address his or her effectiveness in
the appointment, engagement in professional growth, professional relationships
with students, and cooperation within the college community. For professional
technical faculty, this will include his/her progress on the Professional
Development Plan for certification. Additionally, the self-evaluation should
respond to the committee's comments where appropriate.
3) Quarterly
Tenure Reports: The tenure committee's quarterly report is a document which is
created and placed in the probationer’s file each quarter of the probationer’s
tenure review period. A good tenure report is thoughtfully prepared with the
full participation of the committee; although it is possible, and even likely,
that a written draft will be prepared by the committee chair or another
committee member, that draft should be written from notes gathered from the
entire committee’s input. In creating the reports, the committee should be
mindful of the report’s readership: each report will be presented to the vice
president for instruction, the president of GHC, the board of trustees, and the
probationer.
4) The
tenure committee's report should provide a thorough observation of the
probationer's performance of all relevant responsibilities as listed in Article
IV section 1.A.1. The report should address, as appropriate, the probationer's
effectiveness at fulfilling primary responsibilities, engagement in
professional growth, professional relationships with students, cooperation
within the college community, and responsiveness to the committee's comments,
as well as any substantive concerns and discussion points brought to the table
during the quarter. It should briefly summarize all reports submitted to the
committee, either by committee members or the probationer in the course of
their observations, or by members of GHC community outside the committee. When
called for, the report must make a clear recommendation. The report should
document any changes made by the probationer or recommended by the committee,
and should include as attachments any documentation that would clarify the information
or recommendations contained in the report.
5) All
written reports and recommendations shall be reviewed and acknowledged by all
committee members before they become a part of the probationer’s file. The
committee will make one quarterly report that accurately reflects the
viewpoints of all committee members. Any committee member with a differing
point of view, not represented in the committee's report, may submit a
dissenting report to the committee chair. Any such dissenting reports shall be
submitted with the committee's report. Copies of all reports, evaluations and
recommendations shall be presented to the probationer in a timely manner. Each
quarter, the probationer shall acknowledge, in writing, receipt of the
committee’s report to the vice president.
D. Tenure Review Procedures
1) The procedures outlined in this section
are intended for the majority of probationers who begin tenure-track employment
in the fall quarter. Tenure committees for probationers who are hired at other
times of the year will develop mutually with the probationer and the vice
president for instruction alternate due dates for required reports and
recommendations in compliance with state regulations regarding rehiring
notification dates.
2) The
tenure review committee is responsible for carrying out each of the following
procedures during each of the first seven quarters of tenure review activities:
a) Hold
a meeting allowing time for discussion both with and without the probationer.
b) Collect
and review student evaluations from all of the probationer's classes (or
alternative means of feedback in the case of non-classroom faculty), using the
appropriate evaluation instrument as described in Section 2. A. 1) of this
article, and developed in compliance with procedures outlined in Appendix A
c) Two
committee members observe at least one class session each (or alternate means
of observation in the case of non-classroom faculty) and submit a report to the
committee; committee members shall conduct observations on a rotating basis.
d) Submit
a quarterly report to the vice president for instruction; reports must be
acknowledged in writing by all committee members as well as the probationer
3) In
accordance with RCW 28b.50.852, the standard probationary period is not to
exceed nine consecutive college quarters, excluding summer quarter and approved
leaves of absence. However, upon formal recommendation of the tenure review
committee and with the written consent of the probationary faculty member, the
appointing authority may extend its probationary period for one, two, or three
quarters, excluding summer quarter, beyond the maximum probationary period
established herein. No such extension shall be made, however, unless the tenure
review committee's recommendation is based on its belief that the probationary
faculty member needs additional time to complete satisfactorily a professional
improvement plan already in progress and in the committee's further belief that
the probationary faculty member will complete the plan satisfactorily. In the
event that a tenure review committee recommends probation beyond the ninth
quarter, the committee shall present to the probationer before the end of the
eighth quarter written criteria for completion of the ongoing imp