Article 100

 

Employment

Associate Faculty

 

 

100.1         Effective Spring 2004, associate faculty members shall maintain their current earned step on the associate faculty salary scale upon returning to the District from any interruption in employment.

Associate member’s load shall not exceed sixty percent of a full-time assignment at any time.  There is no District policy or practice which either requires or requests that associate faculty participate in activities beyond their scheduled teaching assignments and participation in Flex Days events which are required by the Academic Calendar and are part of the regular teaching compensation.  This includes attendance at meetings, curriculum development, conference attendance, or any other voluntary activities.  The accepted district policy is to maintain all associate assignments at 60% or less. 

 

100.1.1      Associate members are designated by law as temporary employees.  Members formerly teaching with a limited services credential are restricted to a maximum of forty percent of full-time load during any time.

 

                  Associate assignments will be made available after contract, regular, underload, emeritus, and categorical assignments have been made.

                 

100.1.2      Consideration of current associate members need not be given for courses outside the member’s discipline or to effect an increase in teaching load.

 

100.2         An associate member’s contract may be amended or canceled under the following conditions:

A.  Inadequate class enrollment

B.   To fulfill the load requirement of a full-time member

C.  Budget constraints

D.  Unsatisfactory performance

E.   Other items reflected on the temporary contract

 

100.3         If a class is canceled after the beginning of the semester, but prior to the completion of the first class session, the associate member shall be paid for the entire first class meeting (not to exceed 3 hours).  If a class meets more than one time, the associate member shall be paid for the actual hours the class has met prior to cancellation.

 

100.4         The decision to replace an associate member with a regular/contract member to bring the regular/contract member to maintain a full load shall be made by the dean/division chair no later than two (2) weeks after the first scheduled class meeting.

 

 

100.5         Associate members are responsible for keeping office hours for each class taught.  Office hours shall be one-half (.5) hour for each three (3) unit course or a minimum of .5 hours for each class taught.

 

100.6         The primary consideration for assignment of classes for associate members will be determined by available department offerings and review of the following criteria:

A.  Minimum qualifications

B.   Education

C.  Continuing education

D.  Scope and recency of experience

E.   Peer and student evaluations

F.   Instructor availability

G.  Diversity

H.  Maintenance of currency in area or subject(s) taught

I.    Previous assignments within the department.

 

100.6.1      An assignment is offered to an associate member only upon mailing of a contract, (Associate Contract) to the member’s last known address as it appears in his or her on campus personnel file.  When possible, the contract shall be mailed at least 30 days before the beginning of the semester.

 

100.6.2      If a member’s assignment is changed or altered before the beginning of the semester, a notification in writing of the proposed change shall be sent by the dean/division chair to the member within five working days of the date the decision is made.

 

100.7         Re-Employment Preference

 

100.7.1      Granting Re-employment Preference

                  An associate member may be granted re-employment preference, provided all of the provisions of this article are met and provided that any assignment of an associate member meets the provisions of article 100.6.

 

                  To be considered for re-employment preference an associate member must have successfully served for six semesters within a period of five years, excluding summer service.  In order to be granted re-employment preference, the associate member must be evaluated three times during the period of six semesters; during the first (or second), third (or fourth) and fifth (or sixth) semesters he/she receives an assignment.   Any missed evaluation will be done during the next semester.   The alternate choices of semesters are to allow for ease of implementation and correction of inadvertent errors in scheduling of evaluations.  Failure of the division or department chair to ensure that evaluations are conducted will not result in the automatic granting of re-employment preference for the associate member.  Each evaluation is to consist of both a peer evaluation and student evaluations.   An administrator has the option of conducting one of the peer evaluations.

 

An associate member may be granted Re-employment Preference when three consecutive evaluations indicate satisfactory performance.

 

                  Concurrence of the division chair and college president or designee is required before an associate member is granted re-employment preference.

 

100.7.2      Application of Re-employment Preference

                  Once an associate member has been granted re-employment preference he/she shall have preference for part time assignments for which he/she is fully qualified and which meet the standards outlined in section 100.6.

 

                  Assignment of associate members shall always be secondary to the assignment of a contract, regular, or emeritus member to an assignment as part of his/her load.

 

                  Where more than one associate member has re-employment preference and is fully qualified to teach a course, the division or department chair shall make the assignment based on the needs of the department/division and the criteria in 100.6.

 

                  Re-employment preference shall not grant any associate member the right to a minimum or maximum level of assignment, nor guarantee the associate member any particular course assignment.  All assignments shall be made to best meet the needs of the students and the division/department.

 

                  Once re-employment preference has been granted, ongoing evaluation of performance shall then occur every 6 semesters in accordance with the provisions of Article 112.  Additionally, student evaluations are to be conducted for one section taught by an associate member once each year on the years between regular evaluations.  If any problems are indicated by the student evaluations the division or department chair shall ensure that the problems are investigated, the results referred to the appropriate administrator for investigation, or request an administrative investigation.

 

Associate faculty shall not lose re-employment preferences they have established if they are laid off or not re-employed as a result of a reduction in force or reduction from increased efficiency or District fiscal limitations.

 

100.7.3      Loss of Re-employment Preference

                  An associate member shall retain re-employment preference as long as he/she continues to satisfactorily perform his/her responsibilities and continues to receive regular assignments.

 

                  Re-employment preference will be withdrawn if an appraisal of the associate member's performance is "needs to improve" or if investigation of student complaints or surveys substantiates performance problems.

 

                  Re-employment preference will be withdrawn if the associate member does not receive an assignment of at least one course over a period of six semesters.

 

                  Re-employment preference will be withdrawn if the associate member refuses an assignment twice during four calendar years, unless the assignment is refused because of compelling personal reasons, (such as pregnancy, the birth of a child, a serious illness, etc.).  The acceptance of another work assignment shall not constitute a compelling personal reason.

 

100.7.4      Resolution of Disputes

                  Any disputes regarding implementation of this section shall be referred to the ACE conciliation process.  The final decision regarding resolution of any disputes remaining unresolved by the conciliation process regarding this section shall be made by the appropriate administrator.  Provisions of this section (100.7) shall not be subject to the grievance procedure.

 

100.8         Summer School Assignments

                  New Associate members or those members in satisfactory status may elect, with the approval of the Dean, to teach summer school.  Regular and contract members in satisfactory status will be given preference over Associate members in the assignment of summer school classes in their department.

 

100.8.1      Summer school teaching assignments are made by the Department in consultation with the Division Chair and with the consent of the member. The maximum summer load will be a total of .600 for any combination of courses or sessions.

 

100.8.2      No exceptions will be made.

 

 

 

Article 101

 

Associate Member

Compensation

 

 

101.1         Associate members shall be paid in accordance with the Associate Salary Schedules.

                 

                  Members may advance from step 8 to step 9 by accumulating a teaching/work load of 0.8 FTE. Such accumulation of load must be earned beginning in the Spring 1999 semester and thereafter. Classes taught before the Spring 1999 semester will not be counted towards advancement from step 8 to step 9.

 

                  To advance from step 9 to step 10 the member must teach a cumulative load of 1.2 FTE after reaching step 9 AND accumulate 150 hours (equivalent to 3.125 units of PG&D credit) of workshops, coursework, or service to students and the College after reaching step 9.  This is intended to increase the availability of Associate faculty by having them elect to participate in activities such as workshops on student success and other Partnership for Excellence initiatives, increase the amount of office hours beyond the minimum required, be available to students during published hours for consultation through the use of email and telephone, serve on College and District committees, take approved courses, etc. To advance from step 10 to step 11 and from step 11 to step 12 requires teaching an additional 1.2 FTE and performing an additional 150 hours (equivalent to 3.125 units of PG&D credit) of service for each step.

 

101.2         COMPENSATION FOR SUBSTITUTE SERVICE

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

 

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

 

OR

 

 

 

 

 

 

 

 

 

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

 

 

ARTICLE 102

 

Associate Member

Fringe Benefits

 

 

102.1         Associate members may purchase the following benefits on an annual basis:

•    PMI Dental Plan

•    Medical Reimbursement Program

 

102.1.1      Part-time faculty members are eligible for medical benefit premium reimbursement if they meet the following qualifications:

A.   Must have worked at least 40% assignment for West Valley-Mission Community College District in the previous three consecutive semesters.

B.    Must be currently assigned at least 40% faculty assignment for West Valley-Mission Community College District. Members who have previously earned eligibility by being assigned at least a 40% faculty assignment for the prior three semesters may fall below meeting the 40% requirement for one semester and remain eligible for reimbursement as long as the member has at least a 20% assignment for that semester. If the member remains below 40% for a second consecutive semester the member will lose eligibility and must reestablish eligibility by meeting the original requirements for eligibility.

C.    An associate faculty member who has previously established eligibility to purchase fringe benefits or reimbursements may continue to participate in the program in the event his or her load falls below 40 percent (40%) for the duration of this contract.  Those faculty members who suffered load reductions in 2002-03 and 2003-04 and fell below 40% but still maintained some load with the District, may apply for reimbursements for those years if applications and documentation are received in Human Resources by February 20, 2005.

D.   Must be enrolled in a Health Maintenance Organization (HMO), Preferred Provider Organization (PPO), or other insurance health plan of choice that is licensed and registered by either the California Department of Insurance or by the California Department of Corporations, at the time the Request Form is submitted.

E.    A completed Request Form must be submitted to Human Resources by the first Friday in November for the Fall semester and by the first Friday in April for the Spring semester.

E.    A new Request Form must be submitted for each semester of enrollment in this Reimbursement Program.

F.     Proof of medical plan enrollment, along with all canceled checks, cash receipts, money order receipts, or credit card receipts as proof of payment must be submitted at least three weeks prior to the end of the semester.

 

 

 

 

After applications have been filed, and eligibility established, the eligible applicants will be notified that they are to receive payments.  Each semester, each person will be eligible for a payment of either 1) the amount of premium representing six months of coverage; or 2) $500, whichever is less.  If the amount available for reimbursement of paid premiums ($15,000 per six months) is not sufficient to meet all the submitted claims, each eligible claimant will receive an equal prorated share of the $15,000.

 

The funds will be paid at the end of the semester, upon receipt by the District of verification of the health benefits having been purchased for the semester.

 

Failure to submit the required proof of enrollment/and or proof of payment will result in employee ineligibility for participation in this Reimbursement Program.

 

An associate faculty member who has previously established eligibility to purchase fringe benefits may continue to participate in the program in the event his or her load falls below 40 percent (40%) for the duration of this contract.  Those faculty members who suffered load reductions in 2002-03 and 2003-04 and fell below the 40 percent (40%) but still maintained some load with the district may apply for reimbursements for those years if applications and documentation are received in Human Resources by February 20, 2005.

102.2         Associate members will participate in one of the following retirement plans, depending on the member’s individual employment circumstances:

•    STRS

•    APPLE (Accumulation Program for Part-time and Limited Service Employees)

•    PERS

 

102.3         Application for these benefits must be made in the District Human Resources Office by the first Friday in October for benefits beginning in the Fall semester, and by the first Friday in February for the Spring semester.

 

 

Article 103

 

Associate Member

Parking

 

 

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

 

 

Article 104

 

Associate Member

Holiday

 

 

104.1         Classes will not be held on the following holidays:

 

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Christmas Day

New Year’s Day

Martin Luther King Day

Lincoln’s Birthday

Washington’s Birthday

Memorial Day

 

104.2         Specified and actual dates of such holidays shall be observed as shown on the Academic Calendar.

 

 

 

 

Article 105

 

Associate Member

Leaves

 

 

105.1         Sick Leave

 

105.1.1      Associate members shall accrue sick leave each semester equivalent to the number of weekly student contact hours.  Accrued sick leave is forfeited if the member is not re–employed within a period of six consecutive semesters.

 

105.1.2      Sick leave shall be deducted on an hourly basis.

 

105.1.3      An associate member may request in writing, not more often than annually, an accounting of the number of hours of sick leave the member has accrued.  The Human Resources Department will provide in writing to the member an accounting of the sick leave balance within 30 working days of receipt of the request.  

 

105.2         Personal Business Leave   

                  Associate members who have been employed by the District for at least four (4) semesters will be entitled to up to two days of personal business leave (including religious observance) per year as long as it does not constitute a hardship for the division, program or service. 

 

105.2.1      The member will normally submit the request for approval on the Associate Absence Report five days in advance to the division chair through the department chair.

 

105.2.2      Personal business leave will be deducted from the member’s sick leave and shall not be accumulated from year to year.

 

105.2.3      A substitute will not be hired for a member on personal business leave.  The member is expected to provide an alternative assignment.

 

105.3         Bereavement Leave   

                  Each Associate member shall be entitled to paid bereavement leave of absence sufficient to allow for three (3) consecutive duty days within one week on the account of the death of any member of his/her immediate family.

 

105.3.1                        Immediate family means the mother, father, grandmother, grandfather, grandchild, spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, or any relative living in the immediate household of the member.

 

105.4         LEGAL AND CIVIC DUTY LEAVE

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

 

105.4.1      Such leave shall be granted, with pay, when such appearance conflicts with the regularly scheduled work hours of the member. The amount paid shall not exceed the difference between the member’s regular earnings and any amount he/she received for any jury duty or witness fee, exclusive of mileage and meal allowances.

 

105.4.2      Members shall return to work during any time they do not have to appear under the requirements listed in 105.4

 

 

 

 

Article 106

 

Associate Member

Industrial Accident/Illness Leave

 

 

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

 

106.2         Allowable leave shall be for 60 days during which school is in session or days when the member would otherwise have been required to perform work for the district.

 

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

 

106.4         Allowable leave shall not accumulate from year to year.

 

106.5         Industrial accident or illness leave shall commence on the first day of absence.

 

106.6         During any month in which the absence occurs, the District will pay the member the portion of the salary due for the month, which when added to the member’s temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in payment of full salary.

 

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

 

106.8         Regardless of temporary disability indemnity award, the industrial accident or illness leave shall be reduced by one day for each day of authorized absence.

 

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

 

106.10       Upon expiration of the sixty days of industrial accident or illness leave, a member may elect to take sick leave.  Any member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California unless the Board of Trustees authorizes travel outside the state.

 

 

Article 107

 

Associate Member

Calendar

 

 

107.1         Calendar

                  The academic year will consist of the number of days in the adopted calendar for the term for which the associate member is contracted.

 

107.2         Flex Days

                  As part of the contract, Associate members will attend flex activities as delineated in the Compensation Article 101.

 

                  Flex days are considered to be part of the regular assignment included in the part-time member's total compensation for the semester.  It is agreed that part time faculty will participate in flex days' activities for a number of hours equivalent to the number of hours assigned which are scheduled on flex days. 

 

 

Article 108

 

Associate Member 

Safety

 

 

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

 

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

 

108.3         Upon discovery each member shall immediately report to his/her immediate supervisor any alleged unsafe condition in his/her working environment.  The Safety and Health Hazard Report is used for this purpose and is available from the office of the President.

 

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

 

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

 

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

 

Article 109

 

Associate Member

Personnel Files

 

 

109.1         An associate member’s official personnel file shall be maintained by the District Human Resources Department and contain the official employment record of the individual.

 

109.2         Associate members shall have the right to examine all material (except those obtained prior to employment) contained within the official personnel file.  When the business hours of the Human Resources Department will not permit the member to inspect their personnel files during non-working hours, the member may contact the Director of Human Resources, who shall arrange for a time when the member may review the file.

 

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

 

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

 

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

 

109.6         The District shall retain as confidential all pre-employment materials or other data as exempted by law, e.g., materials obtained or prepared prior to employment.  Such materials include, but are not limited to, recommendation letters and pre-employment interview materials.

 

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

 

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


 

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

 

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

 

                  Reference:  Education Code §87031

 

Article 110

 

Associate Member
Representation/Service Fee

 

 

110.1         Member Rights

 

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

 

110.1.2      Accordingly, membership in ACE shall not be compulsory.  A member has the right to choose, either:  (1) to become a member of ACE, or,  (2) to pay ACE a fee for representation services; or,  (3) to refrain from either of the above courses of action upon the grounds set forth in Section 110.3.3 that follows:

 

110.2         Members' Obligation to Exclusive Representation

 

110.2.1      A member employed for a semester or a full school year who does not qualify as an exemption as set forth in Section 110.3.3 below, and who has not voluntarily made application for membership in ACE within thirty (30) days of the date upon which said member has been employed by the District, as a condition of employment in the District, must pay annually or monthly to ACE a representation/service fee in exchange for representation services necessarily performed by ACE in conformance with its legally imposed duty of fair representation on behalf of said member.  A member employed for less than one semester (short term) who does not qualify as an exemption as set forth in Section 110.3.3 below, and who has not voluntarily made application for membership in ACE within two (2) days of the date upon which said member has been employed by the District must as a condition of  employment in the District pay the representation/service fee for the time period they were employed.

 

110.3         Definition of Representative Fee

 

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

 

110.3.2      Representative/Service Fee Schedule

                  The District and ACE agree that each member shall pay his/her fair share for representation services.  The District and ACE agree that the representation/service fee schedule set forth constitutes the appropriate determination of the fair share of the representation/service fee for each class of bargaining members.

                 


                 

110.3.3      Members Exempted from Obligation to Pay

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

 

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

 

110.3.5      As provided in Government Code Section 3546.3, if a member who qualifies under Section 110.3.3 requests the assistance of ACE in using the conciliation and grievance procedure, or in representing the member in individual issues related to terms and conditions of employment, ACE may charge the member for the reasonable cost of providing these services.

 

110.4         Payment Method

 

110.4.1      Any members who are not exempted from payment under Section 110.3.3.

 

110.4.2      As a condition of employment, the member will authorize payroll deduction for the established representation/service fee.

 

110.4.3      Payroll dues deduction will automatically be reinstated upon the re-hire of any Associate member.

 

110.5         Hold Harmless and Indemnify Provision

 

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

 

110.5.2      Upon notice that the District is going to seek indemnification or to be held harmless under this provision, ACE shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed in Section 110.5 above shall be compromised, resisted, defended, tried, or appealed.

 

 

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

 

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

 

 

Article 111

 

Associate Member

Grievance Procedure

 

 

111.1         Purpose 

                  To provide an orderly procedure for reviewing and resolving alleged grievances at the lowest possible administrative level.

 

111.2         Definitions

 

111.2.1      Grievance

                  A formal written allegation by an Associate member that there has been a specific violation, misinterpretation or misapplication of the provisions of this Agreement.

 

111.2.2      Grievant

                  Any Associate member of the unit covered by the terms of this Agreement; or, ACE when an alleged violation of Association Rights article, or where no specific member of the unit has been aggrieved.

 

111.2.3      Day

                  Any day on which the District Administrative offices are open to the public for business.

 

111.2.4      Immediate Supervisor

                  The Department Chair having responsibility for supervision of the grievant.

 

111.3         Confidentiality

                  To encourage fair and timely grievance review, it is agreed that from date of filing until final completion, neither the grievant, ACE, nor District shall publicly comment upon the grievance or any evidence in its support.

 

111.4         Release Time 

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

 

111.5         Who May File a Grievance

 

111.5.1       Any current Associate member of the unit.

 

111.5.2      Any ACE authorized officer acting on behalf of ACE as a grievant.

 

111.5.3      Any ACE officer authorized in writing to file a written grievance on behalf of a current Associate member.

 

111.6         Who May Represent a Grievant

 

111.6.1       An authorized ACE representative.

 

111.6.2      The grievant.

 

111.6.3      Grievant representative of his/her own choosing other than an agent of an employee organization other than ACE.

 

111.7         Additional Provisions

 

111.7.1      No Associate member may use this procedure in any way to appeal discharge, non-reemployment, or any decision by the Board of Trustees not renew the Associate member’s contract or employment.

 

111.7.2      No Associate member shall use this procedure to dispute any action of the Board of Trustees which complies with State or Federal Laws or Regulations.

                 

111.7.3      No Associate member shall use this procedure to appeal any Board decision if such decision is applicable to, or in compliance with, a State or Federal Regulatory Commission or Agency.

 

111.7.4      No Associate member shall use this procedure where a State or Federal Law has established an agency with jurisdictional responsibility for resolving such disputes or causes alleged.

 

111.7.5      If the supervisor at any level is involved in the grievance, the process moves to the next higher level.

 

111.7.6      At every level, parties will notify each other in advance of the participants to be involved in the process.

 

111.8         Time Limits

 

111.8.1      Within twenty (20) days of the time, an Associate member knew or reasonably should have known of an alleged grievance, the Associate member shall initiate the grievance process.

 

111.8.2      A grievant who fails to comply with established time limits at any step shall forfeit all rights to further processing relative to the grievance in question.

 

111.8.3      District’s failure to respond within the established time limits at any step entitles grievant to proceed to the next step of the process.

 

111.8.4      Steps and time limits may be waived by mutual consent of the parties.

 

111.9         INFORMAL GRIEVANCE PROCEDURE

 

111.9.1      LEVEL I  — Immediate Supervisor

 

111.9.2      Within twenty (20 days of the time an Associate member knew or reasonably should have known of an alleged grievance, the Associate member shall attempt to resolve the matter by means of a conference with the Associate member’s immediate supervisor.  When scheduling the conference, the grievant will identify the purpose of the conference as an informal discussion of a potential grievance.

 

                  If there is mutual agreement, after the conclusion of the conference, the matter will be considered resolved.  If the supervisor needs more time to investigate the matter, the supervisor will have ten (10) days to respond, either in writing or to meet again with the grievant.  If a mutual agreement has not been reached, the grievant will notify the supervisor and the ACE Grievance Officer of an intent to move to Level II.  The ACE Officer will notify the Director of Human Resources.

 

111.9.3      LEVEL II –– Grievance Officer and Grievant 

 

111.9.3.1   Within twenty (20) days of the notification to the Director of Human Resources, the grievant with the Grievance Officer will meet to review the grievability of the dispute, the applicable contract articles that have allegedly been violated.  They will determine a course of action and desired outcomes.

 

                  Other individuals may be consulted in an effort to resolve the grievance at this level.

 

                  Timelines may be waived by mutual agreement.

 

                  If a mutual agreement has not been reached, the Grievance Officer will notify the Director of Human Resources that the grievance is being moved to the Formal Grievance Process.

 

                  To initiate the formal grievance procedure, refer to Appendix H for grievance forms and when completed, submit to Human Resources Office.  If complete, the Director of Human Resources will, within five (5) days, submit the grievance to the appropriate level.

 

111.9.3.2   The grievance statement shall not be processed if incomplete in any one of the following areas:

A.  The specific section(s) allegedly violated.

B.   The specific circumstances or action from which the grievance arises.

C.  A concise statement as to how the specific section(s) was violated.

D.  The remedy sought by grievant.

E.   Full grievant identification.

F.   Date of discovery of the specific circumstances or action.

G.  Date of informal discussion.

 

111.9.3.3   If the grievance is rejected due to failure to complete the Statement of Grievance, the grievant shall be allowed five (5) days to complete the grievance form for resubmission.  If incomplete after resubmission, the grievance will be terminated. If not resubmitted within five (5) days, the grievance will be terminated.

 

111.10       FORMAL GRIEVANCE PROCEDURE

 

111.10.1    LEVEL III — Division Chair 

 

111.10.2    Either party to the grievance may request a personal conference with involved parties at this level within the time limits with notification to the Director of Human Resources.

 

111.10.3    The Division Chair or designee shall submit a written decision to the grievant  within ten (10) days of receipt of the Statement of Grievance or conference whichever is later.

 

111.10.4    If the grievance is not resolved at level III, the grievant may appeal the decision on the “Statement of Grievance Form”.  The appeal to the Division Chair shall be submitted to the Director of Human Resources within ten (10) days of receipt of the written decision.

 

111.11       LEVEL IV – Vice President

 

111.11.1    Either party to the grievance may request a personal conference with involved parties at this level within the time limits with notification to the Director of Human Resources.

 

111.11.2    The Vice President or designee shall submit a written decision to the grievant within ten (10) days of receipt of the Statement of Grievance or conference whichever is later.

 

111.11.3    If the grievance is not resolved at level IV, the grievant may appeal the decision on the “Statement of Grievance Form”.  The appeal to the President shall be submitted to the Director of Human Resources within ten (10) days of receipt of the written decision.

 

111.12       LEVEL V – President

 

111.12.1    Either party to the grievance may request a personal conference with involved parties at this level within the time limits with notification to the Director of Human Resources.

 

111.12.2    The President or designee shall submit a written decision to the grievant within ten (10) days of receipt of the Statement of Grievance or conference whichever is later.

 

111.12.3    If the grievance is not resolved at level V, the grievant may appeal the decision on the “Statement of Grievance Form”.  The appeal to the Chancellor shall be submitted to the Director of Human Resources within ten (10) days of receipt of the written decision.

 

 

111.13       LEVEL VI – Chancellor

 

111.13.1    Either party to the grievance may request a personal conference with involved parties at this level within the time limits with notification to the Director of Human Resources.

 

                  The Chancellor or designee shall submit a written decision to the grievant within twenty (20) days of receipt of the appeal to the conference whichever is later.

 

                  If the grievant is not satisfied with the decision of the Chancellor, the grievant may submit a written appeal of the decision to Director of Human Resources within ten (10) days of the written decision.  

 

111.14       LEVEL VII – Board of Trustees

 

111.14.1    The Board shall, during scheduled closed session, consider the appeal. The Board or the grievant may request a conference at the next closed session.

 

111.14.2    The Board shall submit in writing its final decision to the grievant within fifteen (15) days of the closed session.

 

 

ARTICLE 112

 

Performance Appraisal

 Associate Faculty

 

 

112.1         INTRODUCTION

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

 

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

 

                  The appraisal system focuses on:

A.   Measuring performance in an objective, unbiased manner.

B.    Providing useful feedback.

C.    Ensuring that appropriate recognition occurs

D.   Encouraging continuing participation in professional development.

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

F.     Supporting employment status.

 

                  The performance appraisal shall include the following:

A.   Site observations

B.    Appraisal surveys

C.    Criteria for Performance Appraisal, Section 112.3.

D.   Job description

 

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

 

112.2         Definitions

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

A.            Faculty or Faculty Member includes, but is not limited to, instructors, librarians, counselors, community college health services professionals, lab faculty specialists, disabled student programs and services professionals, EOP&S professionals, coordinators and individuals employed to perform a service that,

 

before July 1, 1990, required non-supervisorial non-management community college certification qualifications.  (Education Code Section 87001 C).

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

D.  Exemplary:  Member meets and contributes significantly beyond the criteria as outlined in 112.3.  Note: Whenever Satisfactory status is a necessary condition in this Contract, that condition is clearly met by Exemplary status.

E.   Satisfactory:  Member is meeting the criteria as outlined in 112.3.

F.   Needs to Improve:  Member is consistently not meeting the preponderance of the criteria listed in one or more of the criteria categories outlined in 112.3. It is anticipated that the behavior(s) can be improved and the member will be given the opportunity to return to Satisfactory status by means of a follow-up appraisal during the next semester of assignment, if offered.

G.  Unsatisfactory:  Performance is judged to be so far below expectations that member will not be given further assignment.

 

112.3         FREQUENCY OF APPRAISALS

 

112.3.1      Once an associate member has been granted re-employment preference he/she shall be evaluated once every six semesters.  See Article 100.7 for obtaining and maintaining Re-Employment Preference (REP).

 

Student surveys shall be conducted in one section each year during the years between regular evaluations following the granting of REP to an associate faculty member.

 

                  Additional evaluations may occur if one or more of the following occurs:

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

B.   Appraisal surveys indicate that a problem may exist.

C.  A member reverts to behaviors that formerly placed him/her on "Needs To Improve".

D.  A member consistently fails to meet a significant number of the criteria for performance appraisal of regular members as outlined in 112.3.

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

F.   Member is given a new assignment that is significantly different from prior assignments.

 

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

 

 

 

 

112.3.2      REASSIGNED TIME

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

 

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

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

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

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

 

112.4         CRITERIA FOR APPRAISAL OF ASSOCIATE MEMBERS.

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

 

112.4.1      Professional Criteria Category

 

                  Each member shall:

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

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

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

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

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

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

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

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

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

 

 

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

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

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

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

 

112.4.2      Collegial Criteria Category

 

Each member shall:

A.   Work cooperatively within the college community.

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

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

D.   Demonstrate positive communication skills within the college community.

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

 

112.5         APPRAISAL  PROCESS

 

112.5.1      Team Membership

                  The appraisal team will consist of the Department Chair or designee within the faculty member’s discipline or related discipline. The Department Chair or appraisee may request one additional faculty member to serve on the team.

 

In those cases where the direct supervisor of the member is an administrator, as is the case with such positions as Librarians and Lab Faculty Specialists, the administrator may elect to have input into the appraisal of that member.  Such input is forwarded to the appraisal team for evaluation and possible inclusion in the appraisal summary report.

 

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

 

A.   Obtaining a copy of the list of recommendations form, if one is available, from prior evaluation(s) from the from the appropriate Vice President’s office. 

B.    Scheduling and conducting the pre-appraisal conference.

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

 

D.   Insuring that the appraisal surveys are completed in a timely manner.

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

F.     Conducting the post-appraisal conference.

G.    Completing the post-appraisal summary form.

 

112.5.2      Pre-Appraisal Conference

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

 

112.5.3      Observations

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

 

112.5.4      Appraisal Surveys

 

A.   Classroom Activities 

                  Appraisal surveys will be conducted using official ACE forms in each class section at least once each year.

 

                  Surveys will be completed between weeks 6 and 13.  When administering student surveys, a member of the appraisal team or its designee shall read the written instructions to the class and pass out the evaluation forms. That person will inform the students that ratings and written comments will be used in the appraisals and that the instructor will not have access to the written comments until after grades are recorded. That person will collect the completed appraisal forms and return them to the Division Office or appropriate collection point in a timely fashion. The appraisee will leave the room while students fill out the appraisal surveys. 

 

B.    Non-classroom Activities

Appropriate appraisal surveys will be conducted using official ACE forms during one semester of every year.  These surveys will be processed regularly with results going to the appropriate Vice President’s office and to the member. During evaluation semesters the appraisal team leader will gather together the results of appraisal surveys spanning the 3-year appraisal period and incorporate them into the appraisee’s summary report.

 

 

112.5.5      Post-Appraisal Conference

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

 

                  If a preliminary indication from the appraisal team is that the result of the appraisal will be Needs To Improve in any of the criteria then the faculty member will be informed of that fact.

 

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

 

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

 

  112.5.6   Outcome

                          

                           The possible outcomes are:

 

A.  Exemplary:  If the member is meeting the criteria outlined in 112.3 and contributes significantly beyond those criteria, for example institutional duties in Article 22.2, the appraisal is completed. The appraisal team will provide a statement of justification for the Exemplary outcome on the appropriate summary forms, to be approved by the appropriate Vice-President.

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

C.  Needs To Improve:  If the appraisal recommends that the member needs to improve in any of the criteria categories listed in 112.3 the appraisee will lose re-employment preference and will be re-evaluated during his/her next semester of assignment, if offered.

D.  Unsatisfactory. If the appraisal outcome is unsatisfactory the appraisee will not be given another assignment.

 

112.6         AUTHORIZATION

                  Education Code Sections 87660 et seq. set forth the requirements for the performance appraisal of members.  The legislative intent, as stated in AB 1725, provides that a member’s students, administrators and peers should all contribute to the appraisal but the member should play a central role in the appraisal process and, together with appropriate administrators, assume principal responsibility for the effectiveness of the process.

 

112.7         NEGOTIABILITY

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

 

112.8         GRIEVABILITY  

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

 

APPENDIX AA

 

STATE OF CALIFORNIA                                                                                                          GEORGE DEUKMEJIAN, Governor

                                                                                                                                                                                                                                                  

PUBLIC EMPLOYMENT RELATIONS BOARD

San Francisco Regional Office

177 Post Street, 9th Floor

San Francisco, California  94108

(415) 557-1350

 

                                                                                                                                                     Type of Election:

                                                                                                                                  

WEST VALLEY JOINT COMMUNITY COLLEGE DISTRICT,               

                                                                                                                                           

                                    Employer,                                                                               

                                                                                                                                           

                 –and–                                                                                                             Consent Agreement

                                                                                                                                           

ACE (ASSOCIATION OF CERTIFICATED EDUCATORS),

 

                                    Employee Organization.

                                                                                                                                            Case No.  SF-R-658

                                                                                                                               

 

CERTIFICATION OF A REPRESENTATIVE

 

An election having been conducted in the above matter under the supervision of the Regional Director of the Public Employment Relations Board in accordance with the Rules and Regulations of the Board; and it appearing from the Tally of Ballots that a majority of the valid ballots were cast for ACE (ASSOCIATION OF CERTIFICATED EDUCATORS), therefore, pursuant to the authority vested in the undersigned by the Public Employment Relations Board, IT IS HEREBY CERTIFIED as of May 12, 1984 that ACE (ASSOCIATION OF CERTIFICATED EDUCATORS) is the exclusive representative of all employees in the unit set forth below: 

 

(See attached)

 

Signed at San Francisco, California

 

On the 15th day of May, 1984                                                   On behalf of the

                                                                                                                     PUBLIC EMPLOYMENT RELATIONS BOARD

                                                                                                                                                                                                                            

                                                                                                                     Anita I. Martinez

                                                                                                                     Regional Director

 

Shall INCLUDE:         All certificated employees, (including Full

                                    and part-time, summer session employees,

                                    counselors, nurses, librarians and

                                    substitute employees.

 

Shall EXCLUDE:        Superintendent/President, President,

                                    Vice-President, Deans, Associate Deans,

                                    Assistant Deans, Directors, Student

                                    Activities Coordinator, Contract

                                    Administrator, Head Nurse, Director of

                                    Instructional Design.  


 

APPENDIX BB

 

                  Adopted:          June 19, 2003

Effective:         July 1, 2004

 

SCHEDULE A

 

Human Resources Department

WEST VALLEY–MISSION COMMUNITY COLLEGE DISTRICT

14000 Fruitvale Avenue

Saratoga, CA 95070

 

2004-2005 ASSOCIATE FACULTY SALARY SCHEDULE

 

LOAD BASED

 

                                                                                                 Lecture and Lab

                                                                                                      Load Rate

 

Step 1

$14,617

Step 2

$15,129

Step 3

$15,659

Step 4

$16,207

Step 5

$16,774

Step 6

$17,361

Step 7

$17,968

Step 8

$18,598

Step 9

$19,249

Step 10

$19,922

Step 11

$20,619

Step 12

$21,341

 

Salary based on a 1.0 load.  This schedule includes office hours of thirty (30) minutes per section and participation in associate faculty orientation.

 

SCHEDULE A — Salary Placement

                  a)   Faculty hired after July 1, 1990.

b)   Returning associate (part–time) faculty who have not taught for the past five (5) years.  (from LOU 74, October 7, 1993)

c)   Contract/regular faculty who have never taught an overload class.

                                                                                                                                                                                                     

APPENDIX BB

 

                  Adopted: June 19, 2003

Effective:           July 1, 2004

 

 

schedule B

 

 

Human Resources Department

            WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT

14000 Fruitvale Avenue

Saratoga, CA 95070

 

 

2004-2005 ASSOCIATE Hourly SALARY Schedule (constant)

 

 

Step              Class A                  Class B               Class C                Class D                    Class E
                   Lecture 18                Lab 21                Lab 24               Counselor                Librarian

1

Schedule C

Schedule C

Schedule C

Schedule D

Schedule D

2

"

"

"

"

"

3

"

"

"

"

"

4

"

"

"

"

"

5

"

"

"

"

"

6

"

"

"

"

"

7

"

"

"

"

"

8

"

"

"

"

"

 

 

All eight steps in columns A through E of this schedule are constant and will receive no further salary increases.  Only steps in schedule C & D will receive increases.  For example, a step in column B will disappear when the appropriate step in Schedule C increases to equal the step in Column B.  The process will continue until schedule C supercedes Schedule B.

 

 

SCHEDULE B - Salary placement

 

                        a.         Regular/contract faculty who have previously taught overload class.

 

b.         All returning associate (part–time) faculty who taught during the past two semesters where this schedule exceeds Schedule C.

 

 

                                                                                                                                                                                                     

APPENDIX BB

 

                  Adopted: June 19, 2003

Effective:           July 1, 2004

 

 

schedule C

 

Human Resources Department

WEST VALLEY–MISSION COMMUNITY COLLEGE DISTRICT

14000 Fruitvale Avenue

Saratoga, CA 95070

 

2004–2005 ASSOCIATE FACULTY SALARY SCHEDULE

 

HOURLY SCHEDULES RATES

 

 

Column A

Column B

Column C

Column D

Column E

 

 

 

 

Lecture &

 

 

 

Step

    Lecture 15

       Lab 18

       Lab 20

       Lab 21

      Lab 24

1

$55.68

$46.40

$41.77

$39.78

$34.80

 

 

 

 

 

 

2

$57.63

$48.03

$43.23

$41.16

$36.02

 

 

 

 

 

 

3

$59.65

$49.71

$44.74

$42.60

$37.27

 

 

 

 

 

 

4

$61.74

$51.45

$46.31

$44.09

$38.58

 

 

 

 

 

 

5

$63.90

$53.24

$47.92

$45.64

$39.93

 

 

 

 

 

 

6

$66.13

$55.12

$49.61

$47.24

$41.33

 

 

 

 

 

 

7

$68.46

$57.03

$51.34

$48.89

$42.78

 

 

 

 

 

 

8

$70.85

$59.04

$53.13

$50.61

$44.28

 

 

 

 

 

 

9

$73.32

$61.10

$54.99

$52.38

$45.82

 

 

 

 

 

 

10

$75.90

$63.25

$56.91

$54.20

$47.43

 

 

 

 

 

 

11

$78.55

$65.46

$58.91

$56.11

$49.09

 

 

 

 

 

 

12

$81.30

$67.75

$60.97

$58.07

$50.81

 

Salary schedule based on a 1.0 load. 

 

SCHEDULE C— Salary Placement

a)  Faculty hired after July 1, 1990, or returning faculty who fall under criteria schedule C/B.

b)  Returning associate (part–time) faculty who have not taught for the past three (3) semesters.

c)  Contract/regular faculty who have never taught an overload class.

 

                                                                                                                                                                                                     

APPENDIX BB

 

                  Adopted: June 19, 2003

Effective:           July 1, 2004

 

 

schedule D

 

Human Resources Department

WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT

14000 Fruitvale Avenue

Saratoga, CA 95070

 

2004-2005 ASSOCIATE SALARY SCHEDULE

 

HOURLY RATES

 

                                                                     COUNSELOR/                INSTRUCTIONAL LAB

                                                                        LIBRARIAN                            FACULTY

Step 1

$29.30

$26.65

Step 2

$30.33

$27.57

Step 3

$31.38

$28.55

Step 4

$32.48

$29.54

Step 5

$33.62

$30.58

Step 6

$34.80

$31.65

Step 7

$36.02

$32.75

Step 8

$37.26

$33.89

Step 9

$38.58

$35.08

Step 10

$39.93

$36.31

Step 11

$41.32

$37.57

Step 12

$42.78

$38.90

 

 

This is a negotiated hourly rate that is not based on load factors.

 

SCHEDULE D - Salary Placement

 

            a.         Faculty hired after May 15, 1991.

            b.         Returning associate (part–time) faculty who have not taught for the past  three (3)                               semesters.

            c.         Contract/regular faculty who have never worked on an hourly basis.

 

 

APPENDIX BB

 

Adopted: June 19, 2003

Effective:           July 1, 2004

 

 

 

Human Resources Department

WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT

14000 Fruitvale Avenue

Saratoga, CA 95070

 

 

2004-2005 EVENING AND WEEKEND SUPERVISOR SALARY SCHEDULE

 

 

                                                                      Level 1                        Level 2

 

            Hourly                                              $30.42                         $38.04

 

 

 

Definition

 

            Level 1           Evening/weekend supervisor

 

            Level 2           Weekend supervisor when enrollment exceeds 1,500 students

 

 

 

Salary Placement:

 

Hourly personnel employed as evening and weekend supervisors are paid on an hourly basis.

 

APPENDIX BB

 

WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT

 

ASSOCIATE SALARY GUIDELINES

 

All associate members shall be compensated in accordance with the associate salary schedule.

 

I.                INITIAL SALARY PLACEMENT

 

                  In FY 2001-2002, initial salary placement shall not result in placement beyond Step 4.

In FY 2002-2003, initial salary placement shall not result in placement beyond Step 5.

 

                  A.  Placement on the Associate Salary Schedule will be as follows:

 

Step 1 – One (1) year or less full-time academic or equivalent experience.

 

Step 2 – More than one (1) year but less than three (3) years of full-time academic or equivalent experience.

 

Step 3 – Three (3) years or more of full-time academic or equivalent experience.

 

                  B.   Experience credit above Step 1 will be determined as follows:

 

1.   Teaching or work experience must have occurred within the past eight (8) years.

 

2.   Credit for full-time work experience will only be granted if it is related to the assignment.  Credit will be granted at the rate of one step for each two years (24 months) of full-time (40 hours/week) experience.

 

3.   Credit for full-time experience at the high school level or above and associate experience at a post-secondary institution will be granted at the rate of one step for each year of full time experience.  Credit for associate experience will be calculated on the basis of the District’s load system, (one year equals 2.0).

 

4.   Credit for full-time experience at grades K-8 level and associate experience at a post-secondary institution will be granted at the rate of one (1) step for each two (2) complete years of experience.

 

An individual applying for credit for associate experience is responsible for presentation of official verification of associate experience which will include the name of the institutions and the units, hours and subjects taught.  To be considered, the required information must be submitted to the Human Resources Department by the 6th week of the semester in which the member was hired.

 

 

APPENDIX BB

 

 

PROCESS AND GUIDELINES FOR ASSOCIATE/OVERLOAD

SALARY GROWTH STEPS

                                                                       

The purpose of this document is to provide a procedure for the accumulation of 150 hours of service/growth activities counting towards steps 10, 11 and 12 of the Associate Salary Schedules and further to provide guidelines for the selection of those activities.       

                                   

Activities credited are those awarded to recognize additional service to the college and professional improvement which results in improved student performance and excellence.

 

1.   Process:

 

The associate or regular (overload) faculty will fill out an application form to certify agreement that the activities to be completed meet the guidelines below (2). This form is to be signed by the proposed supervisor of the activity. The faculty member then collects and saves evidence of completion of these activities.

 

The Associate faculty does the approved activities (see guidelines below). The regular faculty (doing overload) will satisfy part b) below through progressing to step 15, 18 and 21 respectively in the regular PG&D process of Article 47. Faculty on salary columns not having PG&D available will complete 150 hours of coursework as per guidelines below.

 

All activities require proof of completion. For example, this could be in the form of transcripts or signature by the appropriate supervisor.

 

When the faculty member has

 

a.)                      accumulated the required load of 1.2 beyond the previous step (excess to be carried over to next step)

 

            and 

 

b.)                      accumulated the 150 hours of approved activities  (or completed regular PG&D),  

 

then the member may request and be granted the next salary growth step.

 

 

All growth step applications must be submitted by end of spring semester to be implemented during the following fall semester.  This is the only timeline for submission.

 

Associate faculty may begin accumulating activities once they’ve received re-employment preference and all faculty may begin when they reach step 8 on the Associate Salary Schedule.

 

 

2.   Guidelines for Activities.

 

Approved Activities

Hours Credited

Supervisor

Restrictions

College Committees

(examples: hiring, accreditation, Academic sub-committees, etc)

Actual Hours

Committee Chair

Cannot exceed 75 hours per semester.  Regular attendance is required

Academic Senate

75 hours per semester

Academic Senate President

Regular attendance is required

Club Advisor

Actual Hours

Dept. or Division Chair

 

Associate Evaluations

Actual Hours

Dept. or Division Chair

 

Mentor new Associate Faculty

 

Dept. or Division Chair

Must receive training and assignment by Division Chair.

Department/Division Meetings (non-flex)

Actual Hours

Dept. or Division Chair

 

Provide access to students through internet/e-mail

20 hours per semester (20 hours is for one or more sections)

Dept. or Division Chair

Replies to e-mail must be in a timely manner.  E-mail address must be listed in the course syllabus.  Can’t be used on distance learning courses.

Create/Maintain Course Web Page

7 hours per section.  Maximum of 35 hours per semester.

Dept. or Division Chair

Web page must be current to each semester.  Must include a copy of course syllabus.  Can’t be used on distance learning courses.

Additional regularly scheduled office hours

Actual hours (=hours per week multiplied by 17 weeks in the semester)

Dept. or Division Chair

Additional office hours will not exceed the current required office hours of 0.5 hours per week per section.

Course Work

48 hours for each college unit earned.  A maximum of 75 hours per step can be claimed with course work .

Dept or Division Chair, proof of grade will be provided

For course work in a discipline, it must be at least upper division and from an accredited institution.

 

For outside the discipline, it must be at least “associate” level, and must be taken within the district.

Additional activities as recommended by the Vice Presidents of Instruction

TBA

TBA

TBA

For non-teaching faculty (counselors, librarians, lab faculty), projects recommended by the immediate supervisors.  The work must be outside their primary assignment.

TBA

TBA

TBA

 

On each campus, an Associate Faculty will be designated and available to answer questions, run flex day sessions, organize and oversee the submission of forms and the proof of growth steps.

 

 

APPENDIX CC

 

RE-EMPLOYMENT PREFERENCE

 

AF (Associate Faculty) with REP (re-employment preference) have preference in initial assignment of work over AF without REP.  (Cases are for illustration purposes only and do not limit the scope of the contract language)

The accounting department will assign two classes to AF.  The department has 3 AF with REP and 2 without.  The 3 AF with REP have preference over the 2 AF without.  Offers of assignment must be first made to the AF with REP. Normal guidelines are followed for deciding which AF would get the assignments.

Having REP is for initial assignment only.  There is no preference for additional assignments.

The music department has two piano classes to assign.  They have one AF with REP and one without.  The AF with REP has preference in the assignment of one of the classes but not both.  The department may assign a class to each instructor, or both to the AF with REP, following standard guidelines.

Preference is not absolute:

A department chair may only withhold an initial assignment from an AF with REP if the AF is substantially deficient in the criteria for assignment and is, in the judgment of the department chair, incapable of teaching the class.  Criteria for assignment can be found in section 100.6 of the contract.  It includes the member’s qualifications, education, continuing education, scope and recency of experience, and maintenance of currency in area or subjects.  Note: This deficiency is not judged relative to another AF who does not have REP.

The math department has no algebra assignments for AF.  The only assignment open is a course in calculus.  They have an AF with REP who has no teaching experience beyond algebra and has no recency in the subject.  In the judgment of the department chair, the AF does not have the ability to teach this course.  In this case, the department could hire an AF without REP who is able to teach the calculus course.

Note: This situation is often easily avoided, and it should be.  Assigning other AF with REP who can teach calculus to that class can open up an introductory algebra class for the instructor.

In another example, the math department again has no algebra assignment for an AF.  There is an unassigned geometry course which the instructor has never taught.  The instructor is qualified to teach geometry, has good evaluations, has recent education in it, and a broad scope of experience in teaching math courses.  The department chair judges the instructor capable of teaching the course and offers the assignment in support of the proven instructor (who has been evaluated at least three times with satisfactory evaluations). To ensure quality instruction, the instructor can be evaluated that semester.  If the work is unsatisfactory, the instructor would not be reassigned that class.

Preference does not reach across disciplines or colleges.

An AF librarian with REP at Mission College is not offered an assignment.  That librarian does not have preference in assignment at WVC.  Similarly, an AF with REP in English does not have preference in a counseling assignment.  It is possible to earn preference at both colleges or in two disciplines.

Preference is not for specific classes or specific times, only in the initial offer of assignment.

 

 

Faculty should be informed in advance of any change in requirements, such as additional training, that will be required to maintain an assignment

Computer Applications department is upgrading to a new version of Word.  There are significant differences in the new version that require the instructor to be trained in those changes, for example the integration of html.  Because of new requirements, having REP may not be sufficient to ensure assignment.  The department should strive to avoid conflict by informing its faculty that new training will be required for the new curriculum.

One intent of REP is for departments to support their long-standing AF.  It should be recognized that an important safeguard is faculty evaluation.  Evaluation is the process by which REP is both gained and lost.  This also is the risk of AF taking on new assignments.  If they don’t perform well in the new assignment, a bad evaluation will result in the loss of REP.

 

Most problems can be avoided if faculty making assignments are knowledgeable of their AF faculty with REP and considerate in making assignments.

 

NOTE:  AF with REP will be evaluated once every six semesters, not every four semesters. Teaching done, however, in a new assignment may lead to an evaluation of that assignment.

 

 

APPENDIX DD

2003-2004 ACADEMIC CALENDAR

 



 


APPENDIX DD

2003-2004 ACADEMIC CALENDAR

 

 

Summer Sessions

June 2-July 31 – 4, 6 or 8 week session

 

Fall Semester – 2003

 

August 25-26                                                  New Contract Faculty Days

August 27                                                        All Faculty Development Day

September 1                                                    Labor Day Holiday

September 2                                                    First Day of Instruction

September 13                                                  Last Day to ADD Class

September 15                                                  First Census Day

September 20                                                  Last Day to DROP a Class Without Notation

November 11                                                  Veterans Holiday

November 22                                                  Last Day to DROP Classes (12th week)

November 27-29                                             Thanksgiving Holiday

December 15-20                                              Final Exam Period

December 22                                                   ALL GRADES DUE

December 23- January 30                                Semester Break

 

 

Spring Semester – 2004

 

January 19        &nbs