AGREEMENT

2005-2008

Click HERE for the Proposed 2009-2012 Contract (in .pdf format)

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

Click HERE to view this agreement in Adobe Acrobat format

Table of Contents

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

Table of Contents

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

Table of Contents

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 21^stday 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

(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:

_{Q =}	*_NS*	*_{- Sp}*
	₆

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 improvement plan. The committee shall then follow the procedures outlined for the sixth, seventh, and eighth quarters of tenure review, as necessary, to complete its duties throughout the additional quarters of probation.

Activities specific to particular quarters in the tenure process, as well as specific due dates for reports and recommendations, are presented in the table on the following page.

Section 2. Post-Tenure Review

For professional technical faculty undergoing post-tenure review, the process will be coupled with the process for the renewal of their five-year professional technical certification.

A. In order to have a faculty evaluation program that provides multiple viewpoints, a multi-part evaluation is utilized. The parts consist of:

1) The Student Course Evaluation

Divisions and individual faculty shall develop course evaluation instruments that seek input regarding the effectiveness of course activities and materials, the performance of the instructor, and the performance of the student. See Appendix A for guidelines for developing student evaluation instruments. Non-classroom faculty may develop an alternative evaluation instrument with the approval of the appropriate vice president.

The course evaluation questionnaire (or alternative document in the case of counselors and librarians) shall serve as the instrument to provide student input to the evaluation process. Although the official post-tenure evaluation period is limited to one quarter every five years, instructors will complete student evaluation questionnaires for all courses (or other activities in the case of counselors or librarians) one quarter per year on a rotating basis to be determined by mutual agreement between the faculty member and the appropriate vice president. Questionnaires will be collected by someone other than the faculty member, sealed and submitted to the appropriate vice president. Copies of all completed student evaluations, as well as a numerical analysis of multiple-choice responses, will be provided to the faculty member.

2) The Self-Evaluation

Each faculty member undergoing post-tenure review shall write a self-evaluation document that assesses holistically 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. Specific topics to be covered in the course of this overall self-assessment include: methods of maintaining currency in the teaching field(s); strategies for determining and clarifying teaching objectives as well as assessing student mastery of those objectives; ways of encouraging active student participation; promptness, dependability, availability and organization; and participating as a professional in the life of the campus community. Non-classroom faculty may create a modified self-evaluation under guidelines approved by the appropriate vice president.

Each professional technical faculty member undergoing post-tenure review shall assess his/her skills using the Critical Teaching Skills and Comprehensive Skills on the Grays Harbor College Assessment for Washington State Skills Standards for Professional Technical Instructors. He/she may elect to add a narrative section for additional information.

3) Administrator’s Assessment

For each academic faculty member undergoing post-tenure review, the vice president for instruction, or the vice president for student services in the case of counselors, will attend the faculty member's class(es) and/ or observe other activities on an arranged basis and write an evaluation report that cites specific evidence in support of assessments regarding the faculty member's: mastery of concepts and skills fundamental to the primary assignment; organization; consistency, fairness and clarity regarding course policies, outcomes and assessments; efforts to involve students actively; punctuality, availability and approachability; professional development; attention to detail; involvement in advising and division/college affairs; other achievements, projects, or community involvement that reflect credit on the faculty member and/or the college. The appropriate vice president may create a modified evaluation for non-classroom faculty.

For each professional technical faculty member undergoing post-tenure review, the designated professional technical administrator shall assess the faculty member using the Major Work Functions on the Grays Harbor College Assessment for Washington State Skills Standards for Professional Technical Instructors.

4) Peer Observations

Peer observations are optional for academic faculty members. During post-tenure review, up to two peer faculty members, selected by the faculty member under review, will attend the faculty member's class(es) and/or observe other activities on an arranged basis. Faculty peers who observe their colleagues undergoing post-tenure review shall write a report that cites specific evidence in support of assessments offered regarding criteria they deem relevant, which may include, but are not limited to, those presented in points 2) and/or 3) above.

For each professional technical faculty member undergoing post-tenure review, a mutually agreed-upon peer shall observe the faculty member using the Major Work Functions on the Grays Harbor College Assessment for Washington State Skills Standards for Professional Technical Instructors and submit an observation report.

The documentation gathered from these sources shall be compiled in a portfolio which will provide an acceptable basis for evaluating faculty performance. It should be stressed that maintenance of excellence is the sole purpose for faculty evaluation and that the results of this process will not be used for the purposes of awarding merit pay or reduction in force.

B. Evaluation Periods and Notification

The official evaluation period will normally be an academic quarter. The frequency of evaluation shall be every five years. The vice president for instruction or designated professional technical administrator will notify prior to October 1 each year those faculty members who will participate in the formal evaluation process during the current academic year. Together, the vice president or designated professional technical administrator and the faculty member will choose the specific academic quarter during which the evaluation measures shall take place.

C. Vice President/ Faculty Review Session

For academic faculty, at some mutually agreed upon time during the evaluation quarter, the appropriate vice president and the faculty member will meet for a short review session. This session will provide an opportunity for a joint review of the portfolio. This review session is intended to have two major purposes:

1) To provide a positive, mutual opportunity for discussion of the instructional, counseling or library program; and,

2) To discuss how the vice president and the faculty member can best work together to promote high standards at Grays Harbor College.

Section 3. Evaluation of Non-Tenured/Non-Probationary Faculty

A. Evaluation of such faculty members shall occur both on- and off-campus on a regular basis and according to the procedures outlined below in order to serve three purposes: maintaining the quality of the instructional program; ensuring professional recognition; and maintaining personal professional documentation.

B. Each quarter, and in each class taught, the faculty member shall be evaluated by students using the required GHC student evaluation questionnaire (see Section 2. A. 1. above, and Appendix A). The evaluations shall be collected by someone other than the faculty member, placed in a sealed envelope, and returned to the appropriate vice president's office for tabulation and copying. Copies of written student responses, as well as a numerical analysis of multiple-choice responses shall be provided to the faculty member and the division chair.

C. Further, in each of the first three quarters of such faculty member's employment, and once each academic year beyond the first three quarters, it is the responsibility of the vice president for instruction or designee in consultation with the division chairs to see that the faculty member be observed by a qualified member of the division or an appropriate administrator. The observer shall submit a written report to the part-time faculty member and to the vice president for instruction or designee.

ARTICLE IX

DISMISSAL

Section 1.

Dismissal of faculty members not otherwise covered by this article during the term of their individual appointment will only be for just cause.

Section 2. Dismissal Process of Tenured and Probationary Faculty

Tenured faculty shall not be dismissed from their appointments except for sufficient cause. Corrective action appropriate to the specific facts of the case will be taken prior to dismissal in an attempt to resolve the matter without instituting the formal dismissal procedures. Furthermore, faculty who hold probationary appointments shall not be dismissed prior to the dates established in the written terms of their appointments except for sufficient cause.

Section 3. Informal Meeting

Before any official action is taken relating to a dismissal for sufficient cause, the faculty member will be given written notice of the sufficient cause; and explanation of the evidence supporting the determination of sufficient cause; and an opportunity to rebut or refute such determination by either written documentation or in person with the college president. Any meeting requested by the faculty member shall take place no later than ten (10) calendar days from the date of the written notice. The faculty member shall have the right to one (1) GHCFT representative at this meeting.

Section 4 Dismissal Review Committee

A. A dismissal review committee created for the express purpose of hearing dismissal cases shall be established no later than October 15 of each academic year and shall be comprised of the following members:

1) One (1) member and an alternate chosen by the college president.

2) Three (3) tenured faculty chosen by the tenured faculty acting in a body and in the following manner:

a) Two (2) individuals will be nominated for each of positions one (1), two (2) and three (3) by a district-wide random nomination process as described in (e) below.

b) Two (2) individuals will be nominated in the same manner as (a) above to run for each of three (3) alternate positions identified as alternate one (1), alternate two (2) and alternate three (3).

c) The nominees receiving a majority of the votes cast will be elected for a one (1) year term.

d) In case of a vacancy in position one (1), two (2) or three (3) occurring any time after the election, the vacancy will be filled by the alternates, beginning with alternate one (1).

e) A district-wide random nomination process will be developed by GHC and the GHCFT. This nomination process will be designed to remove any element of pre-selection or predisposition from the dismissal review committee selection process.

3) A student representative and an alternate, who shall be full-time students, shall be appointed by the Associated Students of Grays Harbor College.

B. The dismissal review committee will select one (1) of its members to serve as chair.

Section 5. Formal Procedure Relating to the Dismissal of Tenured and Probationary Faculty

A. After it is determined that formal adjudicative proceedings for dismissal should be initiated, the president shall serve written notice of the proceeding to the affected faculty member and to the GHCFT, and provide copies to the dismissal review committee. The notice shall include:

1) a statement of the time, place and nature of the proceeding (the proceeding must be held on not less than ten (10) days' written notice);

2) a statement of the legal authority and jurisdiction under which the proceeding is to be held;

3) a reference to the allegations of sufficient cause;

4) the effective date of separation from service; and

5) a short and plain statement of the matters asserted.

B. The affected employee shall have seven (7) days from the date of the notice of proceeding to request a waiver of the proceeding. If the faculty member requests a waiver, this shall constitute an acceptance of dismissal and waiver of any right to a proceeding.

Section 6. Procedure Rights of Affected Faculty

Affected faculty members who have not waived an adjudicative proceeding shall be entitled to one (1) formal, contested case proceeding pursuant to the Administrative Procedure Act, chapter 34.05 RCW, and shall have the following procedural rights:

A. the right to confront and cross-examine adverse witnesses;

B. the right to be free from compulsion to divulge information which they could not be compelled to divulge in a court of law;

C. the right to be heard in their own defense and to present witnesses, testimony, and evidence on all issues involved;

D. the right to the assistance of the presiding officer in securing the witnesses and evidence pursuant to chapter 34.05 RCW;

E. the right to counsel of their choosing who may appear and act on their behalf at the proceeding; and

F. the right to have witnesses sworn and testify under oath.

Section 7. Duties and Responsibilities of the Dismissal Review Committee

A. The general duty of the dismissal review committee shall be to submit recommendations through the presiding officer to the board of trustees regarding proposed action.

B. In order to make such recommendations, the dismissal review committee shall:

1) Hear testimony from all witnesses offered by the parties, including but not limited to other faculty and students, and receive any evidence offered by same.

2) Afford the faculty whose cases are being heard the right of cross examinations and the opportunity to defend themselves and be accompanied by legal counsel and a GHCFT representative.

3) Allow GHC to be represented by an assistant attorney general.

4) Review in its entirety the case of the proposed dismissal.

Section 8. Presiding Officer's Appointment and Duties

A. A neutral presiding officer, who shall be an attorney in good standing with the Bar of the State of Washington and who shall not be, with the exception of administrative law judges, an employee of the state of Washington or any of its political subdivisions or a member of the board of trustees of any community or technical college in the state of Washington, shall be appointed by GHC. The hearing shall be conducted by the presiding officer as an adjudicative proceeding in accordance with the Administrative Procedures Act, chapter 34.05 RCW.

B. In addition, the presiding officer shall:

1) Make all rulings regarding the evidentiary and procedural issues presented during the course of the proceeding.

2) Appoint a court reporter, who shall operate at the direction of the presiding officer, record all testimony, receive all documents and other evidence introduced during the course of proceedings, and attend to any other matters as directed by the presiding officer.

3) Swear in all witnesses prior to their testimony.

4) Meet and confer with the members of the dismissal review committee and advise them in regard to procedural and evidentiary issues considered during the course of the committee's deliberations.

5) Prepare a record which shall include:

(a) All pleadings, motions and rulings;

(b) All evidence received or considered;

(d) All questions and offers of proof, objections and rulings thereon;

(e) The proposed findings, conclusions and recommendation;

(f) A copy of the recommendations by the dismissal review committee.

6) Assure that transcripts of the hearing are made available to either party upon request and payment of the costs of transcription.

7) Decide, with advice from the dismissal review committee, whether the hearing shall be open or closed.

8) Within twenty-one (21) calendar days of the conclusion of the hearing, the presiding officer will forward a copy of the record, as set out in this section, to the affected faculty member, the president of the college, and the board of trustees.

Section 9. Final Decision by the Board of Trustees

The board of trustees shall meet within a reasonable time subsequent to its receipt of the record to review the matter.

The final decision to dismiss or not to dismiss shall rest with the board of trustees based on a review of the record. The board of trustees shall, within fifteen days following the conclusion of its review, notify the charged faculty member in writing of its final decision. The decision of the board of trustees is the final decision of GHC.

Section 10. Appealing the Board of Trustees' Decisions

A. A dismissed faculty member may petition for judicial review of the board of trustee's decision in Superior Court in accordance with chapter 34.05 RCW. The filing of a petition for review shall not stay enforcement of the decision of the board of trustees.

B. Upon the written mutual agreement of the faculty member (after consultation with the GHCFT) and GHC, which includes a waiver by both parties to their statutory rights, binding arbitration may be utilized as an alternative to the individual appeal process specified in Section 4 of this Article.

Section 11. Suspension

Suspension of faculty by the president during the administrative proceedings (prior to the final decision of the board of trustees) is justified if immediate harm to anyone is threatened by their continuance. Any such suspensions shall be with pay.

Section 12. Publicity

Except for such simple announcements as may be required covering the time of the hearing and similar matters, no public statements about the case shall be made by the faculty member, the GHCFT, the dismissal review committee, the administration or the board of trustees until all administrative proceedings and appeals have been completed.

Section 13. Special Provision

In the event of conflicts between the provisions of RCW 28B.50.873 and provisions of this agreement, the provisions of RCW 28B.50.873 shall prevail.

ARTICLE X

REDUCTION IN FORCE

Section 1. Purpose and Limitations of Reduction-in-Force

This article shall govern reduction-in-force at Grays Harbor College.

A. A reduction-in-force may be declared by GHC only when grounds cited in Section 3 of this article are considered sufficient to require the layoff of tenured faculty or of probationary faculty prior to the expiration of the written term of their individual appointments.

B. Once declared, a reduction-in-force is deemed to constitute sufficient cause for the layoff of tenured faculty or of probationary faculty prior to the expiration of the written term of their individual appointments.

C. This article shall not govern staffing decisions by GHC that do not result in the layoff of tenured faculty or of probationary faculty prior to the expiration of the written term of their individual appointments:

1) Nothing in this reduction-in-force agreement shall be construed to affect the decision and right of GHC not to renew a probationary faculty appointment without cause pursuant to RCW 28B.50.857.

2) The district reserves the right to establish the number of full-time and part-time faculty to be employed.

Section 2. Alternatives to Reduction-in-Force

Prior to resorting to a reduction in force, GHC shall consider the following options:

A. The transfer of faculty member from one area to another in instances wherein an individual has adequate qualifications;

B. Providing means by which an employee can gain additional competencies in those areas considered necessary to the maintenance of quality education at GHC. These means may include: professional leave priority, transfer to an administrative or non-teaching position, use of activity supervision as part of the academic load, arrangement of employment schedules, etc.

C. Use of summer quarter and/or evening courses as a regular part of the academic year to provide an faculty a full-time load;

D. Pursue job sharing or reduced contracts.

E. Not replacing normal faculty resignations and retirements;

F. Not replacing normal and regular faculty leaves for the duration of the time that such leave is applicable;

G. Encouragement and incentives for non-mandatory early retirement.

Section 3. Grounds for a Reduction-in-Force

Once consideration has been given to alternatives as described in Section 2 of this article, reduction in force may occur as a result of the conditions set forth below:

A. GHC may determine that a reduction-in-force is necessary due to a declaration of financial emergency by the State Board for Community and Technical Colleges. The State Board for Community and Technical Colleges may declare a financial emergency under the following conditions:

1) reduction of allotments by the governor pursuant to RCW 43.88.110(2); or

2) reduction by the legislature from one biennium to the next; or

3) within a biennium, of appropriated funds; or

B. GHC may determine that the college faces adverse conditions that make a reduction-in-force essential. Such conditions include the following grounds:

1) Elimination or reduction of financing;

2) Necessary elimination or reduction of programs, courses, or services;

3) Significantly decreased enrollment in the college or in individual programs or individual disciplines;

4) Changes in educational policy and/ or goals.

Section 4. Procedures for Implementing Reduction-in-Force

A. Program Units and Procedure for Assignment

1) At the start of the fall quarter of each year (initially within fifteen (15) calendar days of execution of this agreement), the vice president for instruction shall assign faculty to program units. All tenured faculty and faculty holding probationary appointments shall be assigned to one program unit most representative of their major assignment. In the event of a reduction-in-force (RIF), employee reductions shall be determined on the basis of the need for staffing within each program unit.

2) The program units at Grays Harbor College, for purposes of this document, shall include:

BUSINESS

Accounting

Business

Computer Information Systems

Office Technology

DEVELOPMENTAL AND BASIC EDUCATION

Adult Basic Education

English

Math

Reading

HUMANITIES AND COMMUNICATION

Art

Drama and Speech

English

Foreign Language

Humanities

Music

Philosophy

INDUSTRIAL TECHNOLOGIES

Auto

Carpentry/Cabinetry

Heavy Duty Diesel

Machinist

Welding/MPF

SCIENCE AND MATH

Biology

Chemistry

Earth Sciences

Engineering/Computer Science

Geographic Information Systems

Math

Natural Resources

Physics

SOCIAL SCIENCE AND PHYSICAL EDUCATION

Anthropology/Sociology

Criminal Justice

Early Childhood Education

History/ Political Science

Human Services

Physical Education/ Health

Psychology

LIBRARY

Library

NURSING

Nursing

STUDENT SERVICES

Counseling

3) Additional program units may be added by GHC to reflect program additions or by mutual agreement with the GHCFT.

4) Program unit lists shall be developed annually. Each faculty member shall be ranked in the appropriate unit in accordance with the seniority procedures defined herein. Any faculty who feel they have been incorrectly placed in a seniority unit shall have the right to a hearing before the vice president for instruction. Such hearing shall take place within seven (7) days from the time the faculty were notified of this assignment.

B. Notice and Employee Consultation

If GHC anticipates the need for a reduction-in-force, or if the State Board for Community and Technical Colleges has declared a financial emergency, GHC shall give notice of the potential reduction in force to the GHCFT. Within five days from the date the notice is received, GHC will begin a process of information gathering including discussions and consultations with appropriate administrators, the president of the GHCFT or designee and at least two faculty members elected by the tenured faculty.

Such discussions and consultation shall include exchanges of information concerning the potential need to implement a reduction-in-force and any alternatives or options which any party feels are reasonably available. Consideration may be given to factors including but not limited to the following, which GHC shall provide for use in these discussions:

1) Data indicating budget limitations, lack of funds, change in instructional or service programs or courses, or lack of students participating in particular programs, courses or services.

2) Data indicating enrollment, the trends in enrollment, for the preceding three years and their effect upon departments or programs.

3) Data indicating present and anticipated service needs of the college and its students and prospective students, including staffing needs.

4) Information concerning faculty and administrative vacancies occurring through retirement, resignation, and professional and other leave.

5) Changes in educational policies and goals.

C. Order of Reduction

1) Selection of Courses, Programs, Services to be Reduced

Upon conclusion of discussions and consultation pursuant to B. above and after giving due consideration to the factors considered, the president shall determine what programs or services are most necessary and what reductions must be made. The number of faculty to be reduced from each program unit shall be based on this determination.

2) Selection of Individuals

If a reduction is determined to be necessary within a program unit, the order of reduction will be based on seniority.

D. Seniority

1) Seniority shall be determined by establishing the date of the signing of the first full-time contract for the most recent period of continuous, full-time professional service for GHC which shall include all leaves of absence and periods of layoff.

2) Administrators holding tenure with GHC shall have all continuous full-time service with the district count toward seniority in the event that they return to the program units.

3) The longest terms of employment as thus established shall be considered the highest level of seniority. In instances where faculty members have the same beginning date of full-time professional services, seniority shall be determined in the following order:

(a) First date of the signature of a letter of intent to accept employment; only if faculty were instructed in writing to submit acceptance in writing;

(b) First date of application for such employment.

E. Notification to Faculty Affected by Reduction-in-Force

1) When the president determines that a reduction-in-force as defined herein is necessary and has selected the positions to be reduced, the initial step shall be for the President to meet with each affected employee and discuss the proposed layoff with the individual employee in personal conference which shall be an informal proceeding. The matter may be resolved at this step by the use of alternatives such as retraining, reassignment, leave of absence, retirement, resignation, etc.

F. Formal Procedures Relating to Reduction-in-Force

1) If GHC has determined that a reduction-in-force is necessary for the reasons set forth in Article X, Section 3a the procedures set forth in RCW 28B.50.873 shall be followed and shall supersede any contrary procedures in this agreement.

2) When a financial emergency has been declared by the State Board for Community and Technical Colleges:

(a) All reduction-in-force cases will be consolidated for hearing purposes before the same reduction-in-force review committee.

(b) The only issue to be determined shall be whether, under the application policies, rules, regulations, or negotiated agreement, the particular faculty members notified of dismissal are the appropriate ones to be laid off.

(c) As per Dismissal (Article IX) no faculty member who has received a layoff notice shall participate as a member of the reduction-in-force review committee.

(d) GHC, in its role of appointing authority, shall make the final determination regarding the necessity of a reduction-in-force and the extent thereof.

3) If GHC determines a reduction in force is essential and the conditions in Article X, Section 3(a) do not apply, the procedures for dismissal, set out in Article IX, shall be used, with the following exceptions:

(a) "Dismissal" shall be replaced by "Reduction-in-Force."

(b) Section (2) of Article IX shall be replaced by Section 4e, Article X.

(c) The only issue to be determined by the hearing committee shall be whether, under this Agreement, the particular faculty members notified of dismissal are the appropriate ones to be laid off.

(d) All reduction-in-force cases shall be consolidated into one proceeding before the same committee.

G. Rights of Laid-Off Faculty

1) Full-time faculty who have been separated from service as a result of this reduction-in-force procedure shall have the right to be recalled consistent with the provisions specified below.

2) Recall lists shall be created and maintained by GHC for each affected lay-off unit. The name of each affected faculty member shall be placed on the appropriate lay-off unit list according to seniority.

3) Recall shall be in reverse order of reduction-in-force by lay-off units to an faculty position, either newly created or a vacant full-time position.

4) The right of recall shall extend three (3) years from the effective date of the lay-off.

5) Each laid-off faculty member shall keep the GHC Department of Human Resources informed of any change in address.

6) New hires shall not be employed to fill full-time faculty vacancies unless there are no qualified faculty on the applicable lay-off unit recall list(s) to accept the vacancies.

7) Faculty on lay-off shall have twenty (20) calendar days to respond following issuance of written notice by registered mail of an offer of recall to a full-time position. If the individuals fail to respond, their recall right shall be waived. Copies of Notices sent to laid off faculty must be submitted to the GHCFT.

8) Upon recall, a faculty member shall retain all benefits such as sick leave, tenure, retirement, and seniority which existed at time of lay-off, and shall be placed at least at the next higher increment on the salary schedule than at time of layoff.

9) Faculty who were previously assigned to full-time positions shall be recalled to full-time positions, provided that such faculty shall have the option of accepting any part-time position that may exist without jeopardizing their recall status for any full-time position.

10) Nothing herein shall be construed to require the consolidation of part-time assignments into a full-time position.

H. Special Provisions

1) Upon the request of a faculty member laid off for reasons of this article, the GHC president shall write a letter to other institutions stating:

(a) the reasons for the said layoff;

(b) the qualifications of the affected faculty; and

ARTICLE XI

SALARY SCHEDULE PLACEMENT AND MOVEMENT

Section 1. Salary Schedule

A. Salary Schedule for Full-Time and Pro-rata Faculty

1) See Appendix B for salary rates.

2) Pro-rata faculty are paid a percentage of their appropriate salary as determined by placement on the salary schedule commensurate with their academic duties.

3) Pro-rata faculty teaching a full instructional load and conducting office hours are paid seventy-two percent (72%) of their appropriate salary as determined by placement on the salary schedule.

B. Salary Schedule for Part-Time Faculty

1) See Appendix C for salary rates.

2) The following pay practices are hereby established for part-time faculty not otherwise paid from the full time schedule.

(a) In the event of a class cancellation within seven (7) calendar days of its start date or a reassignment to meet workload requirements, the faculty member shall receive $50 plus compensation for any class time met.

(b) For all meetings and in-service training assigned by the appropriate administrator, the faculty member shall be compensated at the hourly rate established in Appendix C, section 1 d.

C. Salary Schedule for Ancillary duties

See Appendix C for salary rates

Section 2. Determination of Placement on Salary Schedule

A. All full-time faculty who are paid from state-appropriated funds and who are expected to become tenured will be placed on the salary schedule and will not exceed the maximum in any instance.

B. In case there is any question regarding the credentials of any faculty member, the burden of proof is on the faculty member. Transcripts of officially approved credits must be submitted to the office of the vice president for instruction before the credentials of the instructor are determined.

C. A faculty member may be placed on the salary schedule in any one of three tracks, as determined by the president or designee. Placement on one of three tracks will be determined by the subject area of the teaching assignment, the experience and educational preparation of the faculty member and the training judged most appropriate for the teaching assignment. Thereafter, the faculty member shall not be placed on any other track.

1) Track 1

Placement on track 1 is applicable to persons employed to teach academic courses and for whom academic preparation at the master's degree level is the usual requirement.

2) Track 2

Placement on track 2 is applicable to persons employed to teach in a vocational field (vocational certificate required) in which academic preparation is available and is the usual requirement, or who already possess academic preparation at the bachelor's degree level or higher.

3) Track 3

Placement on track 3 is applicable to persons employed to teach in a vocational field (vocational certificate required) in which qualifications for the position have been earned primarily by on-the-job experience or apprenticeship training.

Section 3. Advancement on Salary Schedule

A. Full-time faculty shall advance one vertical step on the salary schedule with each year of service consistent with applicable SBCTC rules.

B. Full-time faculty shall advance horizontally on the salary schedule in accordance with the professional improvement procedures outlined in Section 4 of this article.

Section 4. Professional Improvement Units

A. Each full-time faculty member who expects to move horizontally on the salary schedule shall develop a comprehensive written plan for professional growth or a Professional Development Plan (for professional technical faculty). Upon approval by the vice president for instruction, this plan will become a part of the faculty's permanent employment record. Units which may be accepted toward professional growth and horizontal movement on the salary schedule must be a part of the professional growth plan or otherwise be approved in advance by the vice president for instruction. The plan may be amended at any time through mutual consent of the faculty and the vice president for instruction.

B. Faculty members are encouraged to update their knowledge and skills, both as generalists and specialists. Therefore, the activity undertaken should be relevant to one (1) or more of the following criteria:

1) the faculty member’s job description;

2) the course content of a current or proposed course;

3) effectiveness or innovation in teaching, counseling, or serving the college community;

4) increased potential for communication with students or staff, or for involvement in the Grays Harbor community;

5) potential or actual student interest in the activity or subject;

6) increased potential for instructional delivery, information delivery, or counseling technique; or

7) increased understanding of community college students, staff, organization, management, or community college objectives.

C. If there is not agreement as to the relevancy of professional growth activity or the number of professional improvement units which are applicable, the area of disagreement will be evaluated by the Professional Growth Committee and a written rationale and recommendation will be made to the president. The Professional Growth Committee shall be composed of the vice president for student services and two faculty appointed by the GHCFT.

D. Movement on the salary schedule as a result of professional growth activities shall occur for a given academic year, provided that the activity has been pre-approved by August 1, that mutually agreed upon documentation of intent to complete has been submitted by August 15, and that the activity has been completed and formal documentation has been submitted by September 30 of that academic year. In the case of college credits, the only official documentation acceptable is a transcript of credits which has been furnished by the college from which the credits were earned. Every effort will be made to ensure that salary adjustments due to PIU completion during the summer months are made in the original contract issued in August. All Pies shall be posted to faculty' records within 60 days of submission of formal documentation.

E. Horizontal movement on the salary schedule is based on PIE completion as indicated in the Professional Salary Schedule, Appendix B. Vertical movement is based on years of service with each year earning one step down.

F. In keeping with the philosophy that the salary schedule should provide incentive for professional growth which will increase both the breadth and depth of knowledge, skills and experiences for each faculty, the following guidelines are set forth as a basis for evaluation of the individual professional growth plans. It is generally assumed that at least one-half of the professional growth units will be earned via academic credits. However, for cases in which an individual's professional growth is more appropriately planned around other activities, the academic credit guideline may be excepted by the vice president for instruction.

1) Academic Credits

Credit will be accepted from recognized and accredited institutions of higher education on the basis of one quarter of college credit being equal to one PIU and one semester of college credit being equal to one and a half (1.5) PIUs. Credits must be substantiated by official transcripts or official grade reports showing satisfactory completion. Graduate courses in one's teaching field or an approved course of study for an advanced degree are automatically approved. Credits earned in an approved retraining program are allowed. Undergraduate courses are acceptable when justified by the faculty in terms of the appointment and when they are a part of an approved professional growth plan or otherwise approved by the vice president for instruction.

2) Conferences and workshops

Participation in conferences, workshops and seminars relevant to the faculty member’s assignment, except those covered by normal contractual obligations, may be granted at the rate of one (1) PIU for each forty (40) hours, up to 0.2 professional growth units per day, but no more than 10 units in any one year or more than 5 units on any one subject.

3) Paid work or clinical experience

Appropriately preplanned work or clinical experience that earns a salary or wage and is demonstrably relevant to professional improvement, not to exceed ten units in any one year or five units on any subject, is allowed for professional growth units. Each 40-hour work week will be eligible for one professional growth unit.

4) Travel

Preplanned and approved domestic or foreign travel related to the faculty member’s appointment may be counted at the rate of one (1) PIU for each five (5) days (24-hour days) up to a maximum of five (5) PIUs in any year.

5) Research, Development and/or Publication

Professional growth units may be granted on the basis of original research and development activities, which may be published in scholarly or trade journals or presented to peers in a public forum. Only activities in excess of normal contractual obligations will be evaluated for professional growth units. Faculty members may earn PIUs at the rate of one (1) PIU for each forty (40) hours of satisfactory work completed. The research and development category includes efforts in staying current in one's discipline area. The activity must be applicable to the individual's discipline or involve methods of instruction.

Section 5. Early Notification of Retirement

A. Early notification of a faculty member's decision to retire is desirable so that ample time is available for selection of a replacement and/or planning for a smooth transition.

B. Faculty are encouraged to complete the early notification agreement which contains these elements:

1) All tenured faculty are eligible.

2) The agreement must be signed by both parties prior to November 1 for the current academic year.

3) The current academic year will be the final year of employment.

4) A one-time payment of $3,000 will be made with the last payment in June of the current academic year.

5) The payment does not contribute to any retirement plan.

6) The agreement is irrevocable except in cases of unexpected financial emergency and by mutual agreement between both parties.

ARTICLE XII

GRIEVANCE

Section 1. Definition and Procedure

A. Prior to starting the grievance process, the parties shall make every effort to resolve any problems informally.

B. A grievance is defined as a complaint by a faculty member or the GHCFT alleging a violation, misinterpretation or misapplication of the terms of this agreement. All grievances shall be processed through the GHCFT president or designee and presented to GHC in writing during the term of this agreement and processed in the manner and within the time limits herein provided.

C. When two (2) or more grievances involving the same or similar alleged violation(s) have been submitted, GHC and the GHCFT may agree that said grievances be consolidated.

D. Matters relating to tenure, probation, evaluation and dismissal shall not be subject to the grievance procedure except as otherwise provided in this contract.

E. In the event that a grievance arises during the term of this agreement, it shall be handled in the following manner:

1) Step 1: The grievant and the GHCFT representative if requested by the grievant, shall present a written grievance to the immediate supervisor within twenty (20) calendar days of the date and time of the occurrence of the event giving rise to the grievance, or twenty (20) calendar days from the date and time such event should have been known or it shall be deemed waived. The written grievance shall include facts of the dispute, article(s) of the agreement alleged to have been violated, remedy sought, and shall be signed by the Grievant. The immediate supervisor shall respond within fourteen (14) calendar days after the grievance is so presented. Step 1 shall be deemed concluded upon written response served (in person or certified mail) upon the grievant; then

2) Step 2: If no settlement is reached as presented in Step 1, the written grievance shall be referred by the grievant to the president or designee within seven (7) calendar days of the conclusion of Step 1. Step 2 shall be deemed concluded upon the president or designee's written response served within fourteen (14) calendar days (in person or certified mail) upon the grievant.

F. If agreement has not been secured, mediation could be invoked upon mutual agreement of the parties within seven (7) calendar days upon the conclusion of Step 2. Grievance mediation is an optional and voluntary part of the grievance process. When grievance mediation is invoked, the contractual time limits for moving the grievance to arbitration shall be extended by thirty (30) calendar days unless a different period of time is mutually agreeable in writing.

Section 2. Arbitration-Agreement Issues

A. If no settlement is reached in Step 2 above or through mediation, the GHCFT, at its sole discretion, may refer the grievance to arbitration by written notice to the president within seven (7) calendar days from the conclusion of Step 2.

B. If such grievance is not referred to arbitration within seven (7) calendar days from the conclusion of Step 2, the grievance shall be considered settled on the basis of the president or designee's decision.

C. Only grievances which involve a complaint alleging a violation, misinterpretation and/or misapplication of the terms of this agreement, which are filed during the term of this agreement, shall be subject to arbitration.

D. The GHCFT shall refer matters subject to arbitration to the American Arbitration Association under its voluntary rules within ten (10) calendar days of its written request to the president or designee requesting arbitration.

E. The arbitrator selected will confer with the representative of GHC and the GHCFT and hold hearings promptly.

F. The decision of the arbitrator will be submitted to GHC and the GHCFT and will be final and binding upon the parties.

Section 3. Jurisdiction of the Arbitrator

A. Jurisdiction of the arbitrator is limited to:

1) Adjudication of the issues which, under the express terms of this agreement and any submission agreement are subject to arbitration; and

2) Interpretation of the specific terms of this agreement which are applicable to the particular issue presented to the arbitrator, and such jurisdiction shall not give such arbitrator authority to supplement or modify this agreement by reference to any industry practice or custom or the law of the industry; and

3) The rendition of a decision or award which in no way modifies, adds to, subtracts from, changes or amends any terms or condition of this agreement or which is in conflict within the provision of this agreement; and

4) The rendition of a decision or award that is based on the contract in effect at the time the grievance was originally filed; and

5) The rendition of a decision or award in writing which shall include a statement of the issues, reasoning and grounds upon which such decision or award is based; and

6) The rendition of a decision or award based solely on the evidence and matters presented to the arbitrator by the respective parties in the presence of each other, and the matters presented in the written briefs of the parties; and

7) The rendition of a decision or award within thirty (30) calendar days of the date of presentation of written briefs by the parties unless waived by the parties.

8) Upon request of either party, the merits of a grievance and the procedural arbitrability issues arising in connection with that grievance shall be consolidated for hearing before the arbitrator, provided that the arbitrator shall resolve the arbitrability of a grievance before hearing the merits of the grievance.

9) An arbitrator shall not have the authority to remand an issue back to the parties for negotiations as a part of any award.

10) The arbitrator may retain jurisdiction to such time as the award is completed.

Section 4. Arbitrator's Fees

The expenses of the arbitrator and all other expenses of the arbitration proceeding, other than those incurred by each party in the presentation of its own case, shall be borne equally by the parties involved.

Section 5. Time Limits

A. Time limits referred to in this article are considered as maximums but may be waived by mutual agreement in writing.

B. Failure of GHC to act timely, as required in any of the procedural steps, may move the grievance to the next higher step for consideration. Failure of the GHCFT to timely act will nullify the GHCFT's claim.

C. For purposes of this article, summer quarter may be excluded from computation of time limits if mutually agreeable.

Section 6. Grievance Processing

A. All documents, communications and records dealing with the processing of a grievance shall be filed separately and not in a personnel file. Requests by the GHCFT for information needed for investigating an alleged grievance or processing a filed grievance shall not be unreasonably denied. Grievance hearings shall be conducted during normal working hours consistent with minimal interference of instructional duties. Faculty testifying in such hearings shall suffer no loss of pay.

B. By mutual written consent of the GHCFT and GHC, any procedural step may be passed over in favor of action of a subsequent step.

C. The GHCFT shall be free to exercise their rights under this article without retaliation.

Section 7. Election of Remedies

It is understood by the parties that certain contractual matters may be adjudicated by applicable regulatory agencies as well as the grievance procedure. Utilization of the grievance process is encouraged; however, the final choice to choose either the arbitration provisions of this agreement or the regulatory process rests with the faculty member. The choice of an outside regulatory agency by the grievant shall constitute a waiver of any contractual right to arbitration.

ARTICLE XIII

BENEFITS

Section 1. Enrollment in Classes, Tuition and Fee Waivers

A. Enrollment in Classes

Faculty members are free to enroll in classes taught by other faculty on the campus, whether during the day or in the evening or on weekends, as long as the enrollment does not adversely affect the faculty member's effective performance in assigned duties.

B. Class Audit and Enrollment

Any faculty member employed half-time or greater may attend classes, except for community education classes, on a credit or audit basis at GHC without payment of tuition and activity fees except a $5.00 registration fee. Such enrollments, however, shall be on a space available basis. Classes taken during the faculty member’s regular workday shall be approved by the appropriate vice president.

Section 2. Emeritus Status

A. As a means of recognizing valued service to the college and also a means of maintaining mutually beneficial contact between the college and retired faculty, emeritus status is recognized. Faculty with ten or more years of employment at Grays Harbor College shall be invited to apply for emeritus status upon retirement. Upon approval by the instructional council and the president, the retiree shall be appointed to emeritus status.

B. GHC shall provide each emeritus faculty with:

1) shared office space

2) mail privileges in common with full-time faculty.

3) use of facilities such as library, gym and locker room.

4) shared parking privileges.

5) option of participation in graduation and other formal academic exercises.

C. In exchange for the privileges enjoyed by emeritus appointees, they shall continue to make their expertise available to the college. In addition to informal contacts with students and faculty, specific activities such as guest lectures shall be encouraged.

ARTICLE XIV

FACULTY EXCELLENCE AWARDS

Section 1. Basic Agreement

GHC and GHCFT reconfirm and agree to follow the guidelines of RCW 28B.50.841 which governs the use of proceeds from the Exceptional Faculty Endowment Fund.

Section 2. Purpose of Faculty Excellence Awards

A. As per RCW 28B.50.835, “the proceeds from the endowment fund shall be used to pay expenses for faculty awards, which may include faculty development activities, in-service training, temporary substitute or replacement costs directly associated with faculty development programs, conferences, travel, publication and dissemination of exemplary projects; to supplement the salary of the holder or holders of a faculty award; or to pay expenses associated with the holder’s program area. Funds from this program shall not be used to supplant existing faculty development funds.”

B. Faculty may apply for Excellence Development Awards, which are designed to promote excellence among the full-time and part-time faculty of Grays Harbor College. Applicants should submit specific proposals for funding appropriate to the purposes listed in A (above), which promise to enhance the criteria established by the faculty excellence steering committee.

C. Members of the college community may nominate a faculty member or members for Awards for Faculty Excellence, which recognize teaching excellence among the faculty of Grays Harbor College. Nominations should clearly articulate how the nominee consistently demonstrates excellence in furthering the criteria established by the Faculty Excellence steering committee. The student body and other campus groups may vote for or otherwise select a faculty member to receive this award, provided the selection process followed by the group addresses the criteria established by the Faculty Excellence steering committee.

Section 3. Steering Committee

A. A steering committee shall be established to monitor and coordinate the Faculty Excellence Awards program.

B. The committee will comprise eight members. Three shall be elected by the GHCFT; three shall be appointed by the president of GHC; and two shall be designated by ASGHC.

C. The committee members shall elect a chair during their first meeting.

D. The responsibilities of the committee shall include but not be limited to the following:

1) Developing specific award criteria for nominations and applications after seeking input from the entire faculty.

2) Monitoring the terms of the basic agreement.

3) Developing and conducting the annual process of soliciting applications and nominations with clearly articulated criteria.

4) Reviewing the process that groups, such as the student body, will use for making selections to assure that the committee’s criteria are addressed.

5) Making recommendations regarding award amounts and recipients to the board of trustees and the president.

Section 4. Establishment of Criteria

A. Specific criteria for all faculty excellence awards will be established annually by the faculty excellence steering committee after seeking input from all faculty. The criteria will be clearly articulated and publicized to the campus community for use in applications and nominations for awards.

B. Applications for Excellence Development Awards will document how proposals may help a faculty member meet one or more of the established criteria, and nominations for Awards for Excellence will discuss the extent to which nominees excel in the established criteria.

C. The specific criteria established by the committee may include, but are not limited to, the following:

1. Effectively enhancing the teaching and learning process.

2. Significantly improving student rates of success.

3. Contributing to advancements within the faculty member's discipline.

4. Improving the general effectiveness of the college.

D. When ranking proposals and nominations the committee may consider whether a faculty member has recently received an excellence award, as well as the time-urgency of the application.

Section 5. Distribution of Faculty Excellence Awards

A. The chief financial officer shall provide the Board of Trustees and GHCFT with an annual financial report of the Faculty Excellence Fund by the end of October each academic year.

B. By the end of each Fall quarter, the Board of Trustees shall complete a review of the financial report and determine the amount likely to be available for awards.

C. Awards of no more than $5,000 shall be given to selected applicants for faculty excellence awards.

D. The steering committee shall conduct a process during the fall and winter quarters of each year to solicit and review proposals and nominations for faculty excellence awards.

E. The steering committee will rank proposals and nominations and forward them to the president by the end of the fifth week of each winter quarter. The President will present them to the Board of Trustees at its March meeting.

F. The board of trustees shall decide upon the recipients of excellence development awards at its April board meeting. All applicants for development awards shall be notified immediately.

G. The president shall recommend to the board of trustees recipients of the Awards for Excellence from among the nominees ranked by the steering committee and make the awards known in an appropriate forum at the end of each spring quarter.

Nothing in this article shall oblige a faculty member to accept nomination for an award for excellence.

ARTICLE XV

SAVINGS CLAUSE

Section 1. Applicable Federal and State Laws

This contract shall be contingent upon legislative authorization and funding; all present and future applicable state and federal laws; and those external rules, regulations, and orders having the full force and effect of law. In the event of a conflict between the above and the requirements of this contract, such laws and rules shall prevail over the contract language.

Section 2. Invalidation

Should any provision or provisions become unlawful by virtue of Section 1 above or by declaration of any court of competent jurisdiction, such action shall not invalidate the entire contract. If any provision is held invalid, GHC and the GHCFT shall enter into immediate negotiations for the purpose, and solely for the purpose, of arriving at a mutually satisfactory replacement for such provision.

ARTICLE XVI

SCOPE OF THE AGREEMENT

Section 1. Contract Supremacy

This contract constitutes the negotiated agreements between GHC and the GHCFT and supersedes any previous agreements or understandings, whether oral or written, between the parties. This contract shall supersede any rules, regulations, or policies as found in the board policy manual, resolutions, or practices of GHC which shall be contrary to or inconsistent with its terms to the extent of the conflicting areas only.

Section 2. Contract Limits

Agreement expressed herein in writing constitutes the entire contract between the parties, and no oral statement shall add to or supersede any of its provisions.

Section 3. Contract Exclusions

Nothing contained herein shall be construed to deny or restrict to any faculty rights and responsibilities they may have under the laws of Washington State and the United States or other applicable regulations.

Section 4. Salary/Benefits Funding

All expenditures for salaries and/or fringe benefits required by this contract are subject to the availability of legislatively appropriated or authorized funds. Such subjects shall be reopened in the event the legislature provides additional funds for such specific purposes or in the event of inadequate funding. Implementation of any salary or benefit adjustment provided for in this agreement shall be consistent with and contingent upon legislative appropriation or authorization and with any subsequent modification thereto.

Section 5. Waiver Clause

The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for negotiations. The results of the exercise of that right and the opportunity are set forth in this Agreement. Therefore, except as specifically stated in this Agreement, GHC and GHCFT agree to waive the right to oblige the other party to negotiate with respect to any subject or matter covered or not covered in this Agreement unless mutually agreed otherwise.

ARTICLE XVII

UNINTERRUPTED INSTRUCTIONAL ACTIVITIES

GHC and GHCFT agree that disputes which may arise between them shall be settled without resort to strike or lockout. GHC agrees it will not lock out any or all of its faculty during the term of this agreement and the GHCFT agrees on behalf of itself and its membership that there shall be no strike or slowdowns during the term of this agreement.

ARTICLE XVIII

DURATION OF THE CONTRACT

Section 1. Length of Contract

This contract shall remain in full force and effect from its execution through June 30, 2008.

Section 2. New Contract Negotiations

No later than March 1, 2008, this contract shall be considered open for negotiations.

Section 3. Contract Re-opener

Upon mutual agreement the parties may reopen this agreement.

Signed this _____ day of _______________, 2002, at Aberdeen, Washington.

FOR THE GRAYS HARBOR COLLEGE FOR THE GRAYS HARBOR COLLEGE

FEDERATION OF TEACHERS BOARD OF TRUSTEES


Lynne Lerych, President		Carol Carlstad, Chair

Dan Pratt, Vice President		Dennis Colwell, Vice-Chair

Sandra Miller, Secretary		Rebecca Chaffey

Linda Bowers, Treasurer		Fawn Sharp

Guy Slover FACTC Representative		John Warring

Preamble

Inclusion of faculty who will teach within a correctional facility into this labor agreement presents new challenges to Grays Harbor College Federation of Teachers (GHCFT). Working together in a supportive and harmonious nature is not only a matter of professionalism; it is a matter of safety for the faculty who will be working directly with prison inmates.

ARTICLE I

RECOGNITION

Master contract applies.

Section 1. Definitions

A. Faculty - Master contract applies except that counselors and librarians at Stafford Creek Corrections Center (SCCC) are employed by the Department of Corrections (DOC), not GHC.

1) Master contract applies.

2) Master contract applies

3) Master contract applies. Part-time faculty are contracted and paid in accordance with Appendix C.

B. Administrator - Master contract applies.

ARTICLE II

MANAGEMENT RIGHTS / RESPONSIBILITIES

Master contract applies.

ARTICLE III

WORKING CONDITIONS

Section 1. Non-discrimination - Master contract applies.

Section 2. Academic Freedom - Master contract applies except those areas where the safety and security of the staff and offenders within SCCC might be compromised.

Section 3. Faculty Liability - Master contract applies.

Section 4. Copyrights and Patents - Master contract applies.

Section 5. Safety - Master contract applies with the understanding that although safeguards are implemented to protect staff, this work will be performed within a correctional facility where the potential for violence exists. SCCC faculty are expected to follow all rules and regulations promulgated by the DOC.

Section 6. Use of Facilities - Master contract applies with the following exceptions:

A. DOC policies shall regulate who is given access to buildings/rooms.

C. Individual offices are not available. Office space for faculty is subject to DOC policy and space allocation.

E. Faculty will not be assigned a specific parking space, nor will reserved parking for instructors be available at SCCC.

Section 7. Individual Contracts and Pay Periods - Master contract applies with the following exceptions:

B.1) Salary dates for faculty at SCCC will occur on the 10^th and 25^th of each month of instruction, but the months may differ from the main campus based on a need to provide year-round instruction.

Section 8. Individual Faculty Personnel Files - Master contract applies with the understanding that faculty files may also contain NCIC background checks and fingerprinting documentation.

Section 9. Due Process/Representation - Master contract applies with the understanding that Union members that might represent an employee would have to pass an NCIC background check in order to come into the facility. These background checks take approximately two weeks so there would need to be a standing list of people who could be contacted.

Section 10. Substance Use - Faculty working at SCCC must be able to work in a drug/alcohol-free and a tobacco-free environment. Drug testing may be required, if requested by the DOC.

Section 11. Lockdown - In the event of a lockdown:

A. Applicable DOC policies and regulations shall apply.

B. SCCC Faculty will:

1) be provided with clear instructions about sick leave, Labor and Industries leave and shared leave;

2) not be subject to any reduction-in-pay if they are unable to leave or enter SCCC;

3) be assigned approved activities if they are able to leave or unable to enter SCCC.

ARTICLE IV

WORKLOAD AND TERMS OF EMPLOYMENT

Section 1. Responsibilities and Work Week

A. Full-time Faculty

1) Responsibilities - Master contract applies except that the weekly average shall be thirty-five (35) hours per week.

2) Work Week - Typically the workweek shall be five days per week with daily class assignments within a nine-hour span, or four days per week with class assignments within a 13-hour span. Schedules that involve weekend class assignments or exception to the typical workweek may be developed in response to DOC programming and constraints. Individual schedules shall be developed by the assistant dean for education, assisted by the faculty liaison, in consultation with affected faculty.

B. Part-Time Faculty

1) Responsibilities - Master contract applies.

2) Participation in Meetings - Master contract applies.

Section 2. Academic Calendar

A. Academic Calendar. Master contract does not apply. It is understood that faculty at SCCC are not bound by the academic calendar on campus and do not provide instruction based on the academic quarter system. The annual contract for full-time faculty at SCCC will be for 175 days. Such days shall be assigned within three (3) calendar quarters unless mutually agreed otherwise by the faculty and the Director.

B. Alternate Calendar. The master contract does not apply. If part-time summer instructional hours are available, SCCC faculty may exercise an option for a compensable 215-day contract based upon the professional salary schedule for Stafford Creek. See Appendix B-2. Faculty must select this option prior to December 1st preceding the beginning of the fiscal year (July 1). If the 215-day option is selected, faculty will be paid in 24 equal installments.

Section 3. Overload - Master contract applies.

Section 4. Additional Remuneration - Master contract applies except that "off-campus peers" shall be "peers away from their usual work station."

Section 5. Outside Employment - Master contract applies.

Section 6. Instructional Load - The master contract applies with the understanding that all SCCC instructional loads will be computed on the basis of total contact hours multiplied by .50 shall equal load hours.

Section 7. Alternate Contract/Summer Quarter - The master contract does not apply.

ARTICLE V

LEAVE POLICY

Section 1. Professional Leaves

A. Sabbatical leaves - The master contract does not apply. The DOC does not fund sabbatical leaves.

B. Faculty Development Leave - The master contract applies.

C. Retraining Leave - The master contract does not apply. The DOC does not fund retraining leaves.

Section 2. Leave Without Pay – The master contract applies.

Section 3. Sick Leave

A. Accrual and Granting of Sick Leave - The master contract applies, except sick leave accrual for full time faculty working at least three consecutive quarters will be limited to 80 hours per year.

B. Attendance Incentive Program - The master contract applies contingent upon the DOC contract funding.

C. Compensation at Retirement or Death - The master contract applies contingent upon the DOC contract funding.

D. VEBA - The master contract applies contingent upon the DOC contract funding.

Section 4. Absence Because of Illness - The master contract does not apply. Faculty at SCCC should contact their immediate supervisor, or designee, at the prison.

Section 5. Bereavement Leave - The master contract applies.

Section 6. Civil and Military Leaves - The master contract applies.

Section 7. Personal Leave Days - The master contract applies except the process shall be through the Education Director for SCCC or his/her designee.

Section 8. Parental Leave - The master contract applies, however, the return of the faculty member does not need to coincide with the beginning of an established quarter.

Section 9. Family Leave - The master contract applies.

ARTICLE VI

GHC FEDERATION OF TEACHERS LOCAL #4984 RIGHTS

Section 1. Public Information - The master contract applies.

Section 2. Distribution of contract - The master contract applies.

Section 3. Professional Organizations - The master contract applies.

Section 4. Representation to Board of Trustees' Meetings - The master contract applies.

Section 5. Conducting GHCFT Business - The master contract applies subject to DOC access and/or security regulations.

Section 6. Use of Facilities - The master contract applies subject to DOC rules and regulations.

Section 7. Bargaining Unit List - The master contract applies.

Section 8. Release Time for GHCFT - The master contract does not apply. It is contingent upon the DOC contract funding.

Section 9. New Faculty Orientation - The master contract applies subject to DOC access and regulations.

ARTICLE VII

HIRING OF FACULTY

Section 1. Qualifications - The master contract applies.

Section 2. Procedures for Hiring Full-time Faculty - The master contract applies.

Section 3. Procedures for Hiring Part-time Faculty - The master contract applies.

ARTICLE VIII

REVIEW OF FACULTY

Section 1. Tenure Review

Intent - The master contract applies with the understanding that anyone who may want to come into SCCC to perform any type of review is subject to passing an NCIC background check.
Selection of the Tenure Review Committee - The master contract applies except to replace the Division Chair (position 1) with the faculty liaison, the student representative (position four) with a DOC employee as designated by the Superintendent of SCCC and where it has the Vice President of Instruction, this be changed to "Vice President of Instruction, or his/her designee."
The Tenure Review Committee's Report - The master contract applies.
The Tenure Review Procedures - The master contract applies with the understanding that for tenure purposes the three (3) calendar quarters worked in full-time status of each year shall be specifically identified to the individual and that reports submitted to the committee could come from the DOC staff.

Section 2. Post-Tenure Review - The master contract applies with the understanding that the Vice President of Instruction can designate another administrator to complete his/her duties as described in this section and an addition to the "multi-part evaluation" to include a fifth section with information from the DOC staff.

Section 3. Evaluation of Non-tenured/Non-probationary Faculty - The master contract applies.

ARTICLE IX

DISMISSAL

Section 1. Master Contract Applies.

Section 2. Dismissal Process of Tenured and Probationary Faculty - The master contract applies with the understanding that sufficient cause for dismissal could include failure to meet the standards and expectations of the DOC.

Section 3. Informal Meeting - The master contract applies.

Section 4. Dismissal Review Committee - The master contract applies except when the person under consideration for dismissal is a faculty member at SCCC - the student representative on the committee would be replaced with a DOC employee as designated by the Superintendent of SCCC.

Section 5. Formal Procedure Relating to the Dismissal of Tenured and Probationary Faculty - The master contract applies.

Section 6. Procedural Rights of Affected Faculty Members - The master contract applies.

Section 7. Duties and Responsibilities of the Dismissal Review Committee- The master contract applies.

Section 8. Presiding Officer's Appointment and Duties - The master contract applies.

Section 9. Final Decision by the Board of Trustees - The master contract applies.

Section 10. Appealing the Board of Trustees' Decision - The master contract applies.

Section 11. Suspension - The master contract applies.

Section 12. Publicity - The master contract applies.

Section 13. Special Provision - The master contract applies.

ARTICLE X

REDUCTION IN FORCE

Section 1. Purpose and Limitation of Reduction-in-Force - The master contract applies consistent with the statutory requirement to treat SCCC faculty as a separate unit.

Section 2. Alternatives to Reduction-in-Force - The master contract applies consistent with the statutory requirement to treat SCCC faculty as a separate unit.

Section 3. Grounds for a Reduction-in-Force - The master contract applies.

Section 4. Procedures for Implementing Reduction in Force - The master contract applies consistent with the statutory requirements to keep employees as separate unit(s) to be added to A.2. The program units to be added to A.2. shall be as follows:

Stafford Creek

ABE/GED

English as a Second Language

Computer Literacy

Job Dynamics

Offender Change Programs

Building Maintenance Technology

Welding Technology

ARTICLE XI

SALARY SCHEDULE PLACE AND MOVEMENT

Section 1. Salary Schedule - The master contract applies.

Section 2. Determination of Placement on Salary Schedule - The master contract applies.

Section 3. Advancement on Salary Schedule - The master contract applies contingent upon the DOC funding.

Section 4. Professional Improvement Units - The master contract applies.

Section 5. Early Notification of Retirement - The master contract applies contingent upon the DOC funding.

ARTICLE XII

GRIEVANCE

Section 1. Definitions and Procedure - The master contract applies.

Section 2. Arbitration-Agreement Issues - The master contract applies.

Section 3. Jurisdiction of the Arbitrator - The master contract applies.

Section 4. Arbitrator's Fees - The master contract applies.

Section 5. Time Limits - The master contract applies.

Section 6. Grievance Processing - The master contract applies.

Section 7. Election of Remedies - The master contract applies.

ARTICLE XIII

BENEFITS

Section 1. Enrollment in Classes, Tuition, and Fee Waivers - The master contract applies.

Section 2. Emeritus Status - The master contract applies.

ARTICLE XIV

FACULTY EXCELLENCE AWARDS

Section 1. Basic Agreement - The master contract applies.

Section 2. Types of Awards to be Granted - The master contract applies.

Section 3. Criteria - The master contract applies.

Section 4. Steering Committee - The master contract applies.

Section 5. Distribution of Faculty Excellence Awards - The master contract applies.

ARTICLE XV

SAVINGS CLAUSE

Section 1. Applicable Federal and State Laws - The master contract applies.

Section 2. Invalidation - The master contract applies.

ARTICLE XVI

SCOPE OF AGREEMENT

Section 1. Contract Supremacy - The master contract applies.

Section 2. Contract Limits - The master contract applies.

Section 3. Contract Exclusions - The master contract applies.

Section 4. Salary/Benefits Funding - The master contract applies contingent upon the DOC funding.

Section 5. Waiver Clause - The master contract applies.

ARTICLE XVII

UNINTERRUPTED INSTRUCTIONAL ACTIVITIES

The master contract applies.

ARTICLE XVIII

DURATION OF THE CONTRACT

Section 1. Length of Contract - The master contract applies.

Section 2. New Contract Negotiations - The master contract applies.

Section 3. Contract Reopened - The master contract applies.

Appendix A-C - Master contract applies except where exceptions have previously been noted.

Appendix D - Letter of Understanding Regarding Participation by Faculty in College Governance

Section 1. Governance - The master contract applies.

Section 2. Committees - The master contract applies.

Section 3. Divisions and Division Chairs - Such matters shall be handled in accordance with Administrative Procedure 202.02 as adopted on June 24, 2003 or as modified via a process involving significant faculty consultation.

Section 4. Instructional Council - The master contract applies.

Section 5. Scope of the Letter - The master contract applies.

Section 6. Management's Right to Re-organize - The master contract applies.

Appendix E - Procedures Regarding Divisions - Master contact does not apply.

Quarter	Meeting	Materials Reviewed	Special Activities	DEADLINES for Reports & Recommendations
First	One required. Suggested date: 7^th week Recommended: meet by 5^th week to elect chair	Class observation reports, student evaluations (if available)	Acting chair arrange for student evaluations and observations prior to 7^th week meeting; at meeting, elect committee chair	Submit quarterly report to VPI by Monday of the last week of instruction
Second	One required; two recommended (2^nd with VPI). Suggested date for first meeting: 5^thweek. Suggested date for 2^nd: 6^th week.	Student evaluations, class observation reports, syllabi for all classes taught to date	Determine, with probationer, the project to be completed by 4^th quarter (e.g. self-program evaluations, innovations, curriculum development, recruitment activities, inter-/intra-department relations, or other relevant activities)	Following meeting with VPI, committee makes rehiring recommendation to the board of trustees, submits quarterly report to VPI by Monday of the 7^th week of instruction
Third	One required. Suggested date: 7^thweek	Student evaluations, class observation reports, new or revised syllabi, probationer's self-evaluation	Discuss any previous or new problems; review events and progress to date, noting probationer’s strengths and weaknesses	Probationer submits self-evaluation report to committee; committee submits quarterly report to VPI by Monday of the last week of instruction
Fourth	One required. Suggested date: 7^thweek	Student evaluations, class observation reports, new or revised syllabi	Probationer submits project assignment to committee by 2^nd week	Submit quarterly report to VPI by Monday of the last week of instruction
Fifth	One required; two recommended (2^ndwith VPI). Suggested date for first meeting: 5^thweek. Suggested date for 2^nd: 6^th week.	Student evaluations, class observation reports, new or revised syllabi	Discuss any previous or new problems; review events and progress to date, noting probationer’s strengths and weaknesses; vote on the desirability of continuing the tenure process	Following meeting with VPI, committee makes rehiring recommendation to the board of trustees, submits quarterly report to VPI by Monday of the 7^th week of instruction
Sixth	One required. Suggested date: 7^thweek	Student evaluations, class observation reports, new or revised syllabi, probationer's self-evaluation	Discuss and review in detail the probationer’s progress in preparation for making the first tentative recommendation on tenure	Probationer submits self-evaluation report to committee; committee submits quarterly report to VPI by Monday of the last week of instruction
Seventh	One required. Suggested date: 7^th week	Student evaluations, class observation reports, new or revised syllabi	Problem areas must be addressed; it is now less likely that recurring problems will be corrected by the probationer; the seriousness and long-range consequences of problems must be analyzed carefully from a professional point of view	Submit quarterly report to VPI by Monday of the last week of instruction; report to include second tentative recommendation on tenure
Eighth	Prior to 4^th week		Vote on tenure	Submit final quarterly report, with recommendation on tenure, to VPI by 4^th week

ARTICLE II

MANAGEMENT RIGHTS/RESPONSIBILITIES

ARTICLE III

WORKING CONDITIONS

ARTICLE V

A. Sabbatical Leave

A. Approved Leaves

B. Granted Leaves

A. Intent

Section 3. Evaluation of Non-Tenured/Non-Probationary Faculty

Section 2. Dismissal Process of Tenured and Probationary Faculty

Section 4. Professional Improvement Units

Section 4. Salary/Benefits Funding

Letter of Understanding

Regarding Participation by Faculty in College Governance

Section 1. Governance

Subject: DIVISIONS AND DIVISION CHAIRS Page 1 of 3

A. Introduction

B. Division Structure

C. Elections

D. Terms of Office

Administrative Procedure 202.01 Page 2 of 3

E. Removal of a Division Chair

F. Authority and Duties

Administrative Procedure 202.01 Page 3 of 3

G. The Division Chair Group

H. Compensation of Chairs

I. Membership in a Division

ARTICLE IX