AGREEMENT
Between
ALLAN HANCOCK JOINT
COMMUNITY COLLEGE DISTRICT
And The
FACULTY ASSOCIATION
Of
ALLAN HANCOCK COLLEGE
Effective
July 1, 2018
through
June 30, 2021
Table of Contents
ARTICLE A: DURATION ...................................................................................................................................... 2
ARTICLE 1: NEGOTIATIONS AND COMPLETION OF AGREEMENT ............................................................... 3
ARTICLE 2: RECOGNITION ................................................................................................................................ 4
ARTICLE 3: NO DISCRIMINATION...................................................................................................................... 5
ARTICLE 4: ASSOCIATION RIGHTS AND RESPONSIBILITIES ....................................................................... 6
ARTICLE 5: MANAGEMENT RIGHTS AND RESPONSIBILITIES ...................................................................... 9
ARTICLE 6: GRIEVANCE PROCEDURE ........................................................................................................... 11
ARTICLE 7: ORGANIZATIONAL SECURITY .................................................................................................... 15
ARTICLE 8: SEVERABILITY .............................................................................................................................. 17
ARTICLE 9: SAFETY .......................................................................................................................................... 18
ARTICLE 10: LEAVES OF ABSENCE ............................................................................................................... 20
ARTICLE 11: HEALTH AND WELFARE ............................................................................................................ 35
ARTICLE 12: PERSONNEL RECORDS............................................................................................................. 39
ARTICLE
13:
SABBATICAL LEAVE AND ACADEMIC
RANK
.......................................................................... 41
ARTICLE 14: COMPENSATION......................................................................................................................... 43
ARTICLE 15: FACULTY SERVICE AREAS, DISCIPLINES, AND REDUCTION IN FORCE ............................ 50
ARTICLE 16: ASSIGNMENT AND CONTRACT YEAR ..................................................................................... 53
ARTICLE 17: EVALUATION AND TENURE ...................................................................................................... 62
ARTICLE 18: FACULTY LOAD .......................................................................................................................... 74
ARTICLE 19: TRANSFER .................................................................................................................................. 81
ARTICLE 20: WORKPLACE TECHNOLOGY .................................................................................................... 83
APPENDICES..................................................................................................................................................... 84
ARTICLE 7 APPENDIX: FACULTY ASSOCIATION DUES AND/OR A SERVICE FEE FORM .................................. 86
ARTICLE 14 APPENDIX: SALARY SCHEDULES ...................................................................................................... 88
ARTICLE 16 APPENDIX: 40 HOUR WORKWEEK POSITIONS ................................................................................ 96
ARTICLE 17 APPENDIX: EVALUATION FORMS ...................................................................................................... 98
ARTICLE 18 APPENDIX: REASSIGNED TIME MATRIX ......................................................................................... 118
Page 1 of 118
ARTICLE A: DURATION
A.1 This Agreement is made and entered into this 1st day of June 2018, by and between the Allan
Hancock Joint Community College District, hereafter referred to as the District, and the
Faculty
Association of Allan Hancock Joint Community College, hereafter referred to as the Faculty
Association or Association.
A.2 This Agreement was ratified by the Faculty Association on May 11, 2018 and shall
become
effective on July 1, 2018 and shall continue in effect to and including June 30, 2021.
Page 2 of 118
ARTICLE 1: NEGOTIATIONS AND COMPLETION OF AGREEMENT
1.1 Notification and Public Notice: If either party desires to alter or amend this Agreement, it shall
provide written notice and a proposal to the other party of said desire and the nature of the
amendments and cause the public notice provisions of the law to be fulfilled.
1.2 Commencement of Negotiations: Negotiations shall commence as soon as possible after
satisfaction of the public notice requirements. Negotiations shall commence at a mutually
acceptable time and place for the purpose of considering changes in this Agreement.
1.3 Reassigned Time for Negotiations: The Association shall have the right to designate up to five (5)
employees who shall be given reasonable reassigned time in accordance with Article 4.10.3 to
participate in actual negotiations if negotiation meetings with the District are scheduled during the
working hours of the bargaining faculty members involved. All employees participating in
negotiations during the working hours will receive reassigned time proportional to their
participation. However, every effort shall be made to schedule negotiation meetings with the District
at times other than scheduled class time.
1.4 Reopeners: The District and the Association agree to reopen and negotiate the following
articles for fiscal year 2018-2019; notwithstanding the reopener below, all other articles of
this contract shall be in effect for the duration of the agreement.
Article 14.6.2 Class Size Stipend
Article 18.13 Class Size
1.5 Ratification of Additions or Changes: Any additions or changes in this Agreement shall not be
effective unless reduced to writing and properly ratified and signed by both the District and
the Association.
1.6 Completion of Agreement: This Agreement shall constitute the full and complete commitment
between both the District and the Association and shall supersede and cancel all previous
agreements both written and oral. In the event a conflict exists between the specific provisions
contained in this Agreement and District practices, policies, procedures, and state laws to extent
permitted by state law, the provisions of the Agreement shall prevail.
1.7 The district shall notify the Faculty Association with the names of the district bargaining unit team
and provide the Faculty Association with the District’s sunshine list no later than May 15
th
of each
year prior to a year when any article and/or the entire contract is reopened. Submission of the
sunshine lists shall go to the June board meeting unless otherwise agreed upon by both parties.
Page 3 of 118
ARTICLE 2: RECOGNITION
2.1 The District recognizes the Faculty Association of Allan Hancock College as the sole and exclusive
bargaining agent for all contract and regular faculty, temporary full-time faculty pursuant to the
California Education Code 87470, and permanent faculty with less than a full-time load of the Allan
Hancock Joint Community College District. These faculty hold contracts based on the Faculty
Contract Salary Schedule and the Children’s Center Faculty Salary Schedule except as
excluded in Section 2.2.
2.2 Positions excluded from the bargaining unit are as follows:
2.2.1 All management, supervisory, and confidential employees as defined by Section
3540.1 of the Educational Employment Relations Act, as well as classified employees
and temporary part-time faculty.
2.3 New faculty positions created shall be subject to negotiations between the District and the
Association to determine if they are to be included in the bargaining unit.
Disputed cases shall be submitted to the Public Employment Relations Board. The decision of
PERB shall be final and shall not be subjected to the grievance procedures contained in this
Agreement.
2.4 The Association, in turn, recognizes the District Board of Trustees as the duly elected
representatives of the people and agrees to negotiate exclusively with the District Board of
Trustees or designated representatives through the provisions of the Government Code
Section 3540, et. seq.
Page 4 of 118
ARTICLE 3: NO DISCRIMINATION
3.1 Discrimination Prohibited: The District shall not unlawfully discriminate against any employee
as set forth in Board Policy 3410 Nondiscrimination.
3.2 This article is not grievable under the grievance procedure of this Agreement. All discrimination
complaints will go through the District’s equal employment opportunity complaint procedure
Information from the California Department of Fair Employment and Housing and the federal Equal
Employment Opportunity Commission about filing claims of discrimination with these entities is
available on their websites.
Page 5 of 118
ARTICLE 4: ASSOCIATION RIGHTS AND RESPONSIBILITIES
4.1 Bulletin Boards: The Association shall have the right to use without charge a reasonable part of
the non-classroom bulletin board space designated for communication at work sites. Any
material to be posted must be dated and must identify the Association as the source of the
material.
4.2 College and Mail Communication System: The Association is authorized to place Association
written communications in District-designated individual college mailboxes/email for distribution to
bargaining unit employees. The Association is also authorized reasonable use of any telephone
voice mail for oral communications to bargaining unit employees as long as such use does not
interfere with college business or the work of other college employees as per Board Policy 3720
Computer and Network Use.
The Association is authorized to use the Districts email system and space on the District’s
server to operate an Association website for communications to bargaining unit employees as long as
such use does not interfere with the college business purpose of the computer system or the work
production of any college employee. Such use is restricted to appropriate Association business.
4.3 Documents: Prior to each monthly meeting of the Board of Trustees, the Association president will
be provided with a copy of the agenda for the current meeting, a copy of the minutes of the
previous meeting, and a copy of the monthly warrants if the warrants are not included in the
agenda. Confidential communications will be excluded.
The District agrees to provide to the Association upon written request, one copy of existing
college-produced informational documents which can reasonably be expected to have an impact
on contract negotiations and on the implementation and administration of the Agreement.
4.4 Contract Distribution: Within forty-five (45) days after ratification by the Board of Trustees, the
District shall post the Agreement to the college website and portal and provide without charge 15
printed copies to the Association officers. After the execution of this Agreement, any member of the
bargaining unit may request a copy of this Agreement and/or any amendments from the District
without charge.
4.5 Facility Use: The District authorizes the Association reasonable use of college facilities for
Association business at times that do not conflict with scheduled District activities including the
instructional program subject to District approval and in accordance with college procedures. The
Association will pay for any costs associated with the use of a facility or services. The District has
a right to determine appropriate use of District property.
4.6 Telephone Use: The District authorizes the Association to use District telephones (including
facsimile machines) so long as the calls are related to lawful Association business and do not
interfere with the college business purpose of the telephone equipment or the work production
of any college employee. The District will provide the Faculty Association with an access code for
Page 6 of 118
purposes of making long-distance calls and will invoice the Association monthly for associated
costs.
4.7 Equipment Use: The District authorizes the Association reasonable use of college photocopy and
print services as long as the use of such equipment and services does not interfere with student
instruction or work production. The Association will reimburse the District for the cost of such
services at the same rate as that charged to the District, or within the District, for printing and
photocopying services.
4.8 Right of Access: The Association shall have the right of access at reasonable times to areas in
which bargaining unit employees work, provided such access does not interfere with the
educational process or the work of other District employees.
4.9 Personnel Roster: Upon request the District will provide the Association with a personnel roster
giving home address, home telephone number (unless restricted by the bargaining unit
employee), the name, job title, and principal department of all employees of the bargaining unit.
4.9.1 Dues/Service Fee Faculty List: Upon request the District will provide the Association with
a list of full-time faculty outlining amount deducted each month per Government Code
Section 3546(a); whether the amount is a service fee or dues; and, if the service fee is
being routed to a charitable organization, the name of the charitable organization.
4.10 Negotiation and Contract Administration
4.10.1 Up to five (5) designated representatives of the District and up to five (5) designated
representatives of the Association may meet (if requested by either party) on a mutually
agreed upon date, place, and time (with the least impact upon instruction and student
support services) once or by mutual agreement more than once during fall and once or
more during spring semesters for the purpose of reviewing the administration of the
Agreement in force and attempting to resolve any other problems that may arise. Either
party may submit an agenda for discussion in advance of the meeting(s). If an
agreement can be reached to resolve any issue(s), both parties shall sign a side letter. If
appropriate, the side letter will become part of this Agreement if the parties so agree.
4.10.2 The Association agrees that all Association business shall be conducted at times which
will have the least impact on instructional and student services programs. This section is
not intended to preclude the Association from conducting Association business during
established business hours.
4.10.3 Each fall and spring term, the District shall grant annually 1.2 FTE (full-time
equivalent) reassigned time, with pay, to be distributed by the Association for
contract-required committee work, grievance, representation, negotiations,
arbitration, and Association representation at meetings and conferences related to
official union business. The Faculty Association will notify the district, in writing, of
the allocation of reassigned time not later than May 20
th
for the fall semester and not
later than September 15
th
for the spring semester. Reassigned time shall be
distributed in such a manner so as to allow for unit pay replacement for all cases.
Page 7 of 118
It is understood that reassigned time allocated to a unit member under this section
shall not exceed .40 FTE, except as may be mutually agreed upon by the Association
and the District, in advance, in accordance with the timeline of this section.
4.10.4 The Faculty Association may purchase additional leave time pursuant to the provisions of
the Education Code, up to sixty percent (60%) of a full-time load. The Faculty Association
must pay the District an amount based on the Faculty Overload and Extra Assignment
Salary Schedule lecture rate, step 5, column V.
4.11 The District shall designate two (2) consecutive hours between 9 am and 3 pm for the Faculty
Association to meet with its member on each All Staff Day.
Page 8 of 118
ARTICLE 5: MANAGEMENT RIGHTS AND RESPONSIBILITIES
5.1 The Board of Trustees, on its own behalf and on behalf of the electors of the District, hereby
retains and reserves unto itself, all powers, rights, authority, duties, and responsibility conferred
upon and vested in it by the laws and Constitution of the State of California and of the United
States, including, but without limitation to the foregoing:
5.1.1 The exercise of the powers, rights, authority, duties and responsibilities by the
District, the adoption of policies, rules, regulations and practices in furtherance thereof,
and the use of judgment and discretion in connection therewith, shall be limited only by
the specific and express terms of this Agreement and then only to the extent such specific
and express terms are in conformance with law.
5.1.2 It is understood and agreed that the District retains all of its powers and authority to direct,
manage, and control in conformance with the law. Included in, but not limited to, those
duties and powers are the right to determine its organization; direct the work of its
employees; determine the times and hours and days of operation; determine the kinds and
levels of services to be provided and the methods and means of providing them including
entering into contracts with private or public vendors for services; establish its educational
policies, goals, and objectives; ensure the rights and educational opportunities of
students; determine staffing patterns; determine the kinds of personnel required;
maintain the efficiency of District operations; determine the curriculum; build, move, or
modify facilities; determine assignment and use of office and facilities; establish budget
procedures and determine budgetary allocation; determine the methods of raising revenue;
and take action on any matter in the event of an emergency. In addition, the District retains
the right to hire, classify, assign, reassign, promote, discipline, and terminate employees.
5.1.3 The exercise by management of the rights and discretion as described herein shall not be
subject to the grievance procedure, except when the exercise of such rights conflicts
with the specific terms and conditions of this Agreement.
5.1.4 In cases of emergency declared by the Government, Board, or superintendent/president,
the District retains the right to temporarily amend, modify, or rescind policies and practices
referred to in this Agreement. Such action will be restricted to the period in which the
emergency exists as determined by the District. Where an emergency is declared, the
District shall notify the Association as soon as possible and shall consult with the
Association within five (5) business days of notification.
For purposes of this article, emergency shall include disasters resulting from 1)
earthquakes, storms, flood, fire, or other calamitous events and 2) other severe
emergencies which affect the public or college employees.
5.1.5 The District shall meet with the bargaining unit and negotiate any changes in wages,
hours, and other terms and conditions of employment except in case of an emergency as
defined in Section 5.1.4.
In case of an emergency, the District shall meet and negotiate with the bargaining unit any
changes in wages, hours, or other terms and conditions of employment which are to be in
effect longer than 60 calendar days.
Page 9 of 118
5.2 Each employee will keep the District Human Resources office advised of the bargaining unit
employee’s current home address and telephone number.
Page 10 of 118
ARTICLE 6: GRIEVANCE PROCEDURE
6.1 Definitions
6.1.1 A “grievance” is defined as a formal written allegation by a grievant that a specific
provision of this Agreement has been misinterpreted, misapplied, or violated.
6.1.2 A “grievant” is any faculty member adversely affected by an alleged violation of the
specific provisions of this Agreement or the Association. Unless the Association is grieving
Article 4 of this Agreement, the Association shall name a faculty member or faculty
members for each grievance filed.
6.1.3 A dayin this article is a business day.”
6.1.4 The “appropriate administrator” in this article is the lowest-level administrator who has
immediate supervision over the grievant and who has been designated by the District to
adjust grievances.
6.1.5 An “Association representative” is a person designated by the Association to
represent a grievant.
6.1.6 The “district grievance officer” shall be the district superintendent/president or that
president’s designee.
6.2 General Provisions:
6.2.1 Until final disposition of a grievance, the grievant shall comply with the directions of the
grievant’s immediate supervisor.
6.2.2 All documents dealing with the processing of a grievance shall be filed in files
separate from the personnel files of the participants. However, this provision shall not prohibit
the appropriate filing of documents relating to disciplinary matters unless the removal of
such documents is ordered as part of any grievance settlement.
6.2.3 No party to a grievance shall take any reprisals against the other party to the
grievance because the party participated in the grievance procedure.
6.2.4 Except as otherwise provided in this Article, failure of the grievant to adhere to the time
deadlines shall mean that the grievance is settled by the decision at the previous level and
that the grievant waives the right to further appeal.
6.2.5 Failure of the District to adhere to the time deadlines at any level shall mean that the
grievance is automatically moved to the next level.
6.2.6 By mutual agreement in writing, the grievant and the District may extend or reduce the
time deadlines at any time.
6.2.7 Every effort will be made to schedule meetings for the processing of grievances at
times which will not interfere with the regular workday of the participants. In any event,
meetings shall not be scheduled so as to interfere with the grievant and Association
representative’s schedule unless mutually agreed otherwise by the Association and the
District. The Association representative shall be released from duties for meetings or
hearings at Level III and/or Level IV which conflict with their schedule. If any grievance
Page 11 of 118
meeting or hearing must be scheduled during the day, any employee required by either
party to participate as a witness or grievant in such meeting or hearing shall be released
from regular duties without loss of pay for a reasonable amount of time necessary for the
presentation of the grievance or testimony.
6.2.8 Either party to the grievance may be represented at any step of the grievance
procedure by an individual of the party’s choice; however, an agent of a nonexclusive
representative group shall not act on behalf of or represent the grievant. The
Association representative as defined in this article may present the case for the grievant
or respondent or serve as an advisor.
6.2.9 The grievant may elect to have the grievance adjusted without the intervention of the
Association so long as the adjustment is not inconsistent with the terms of this Agreement
and provided that the District shall not agree to a resolution of the grievance at Levels
II and III until the Association has received a copy of the grievance and the proposed
resolution and has been given reasonable opportunity to file a response. If the Association
believes it is in the best interest of the Association and/or faculty, it reserves the right to
continue the grievance to its end.
6.2.10 If the grievance involves action or inaction by an administrator above the grievant’s
immediate supervisor as defined above, the grievance may be filed in writing with the
designated district grievance officer at Level II. However, all attempts to resolve the
grievance at the informal level shall be made first.
6.2.11 Grievances of a similar or like nature may be joined as a single grievance upon the
written consent of the Association. The final decision shall be binding upon all parties to
the consolidated grievance.
6.2.12 The day following personal, electronic, or certified mail service of the written decision
at any level of this grievance procedure shall be counted as DAY ONE for any
deadline imposed upon the grievant, the Association, or the District.
6.2.13 By mutual agreement, at any time prior to advisory arbitration, the grievance may revert
to a prior level for reconsideration.
6.2.14 Upon consultation with the Association, a grievant may withdraw a grievance at any step
of the grievance procedure by serving written notice of the withdrawal to the administrator at
the respective level. If the Association believes it is in the best interest of the Association
and/or faculty members, it reserves the right to continue the grievance process to its
conclusion. The parties agree to encourage the handling of grievances in as informal and
confidential manner as possible.
6.2.15 A formal grievance shall be made on the appropriate grievance form. The grievance
form will not be changed except by mutual agreement between the District and the
Association.
6.2.16 The parties agree that any level of this grievance procedure may be waived by mutual
agreement of the Association and the District.
6.2.17 It is the intent of this article to resolve disputes at the lowest level. At any point in the
process described in this article, either party may request a personal conference.
6.3 Procedures: Grievances shall be processed in accordance with the following procedures.
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6.3.1 Level I InformalAppropriate Administrator
6.3.1.1 Before filing a formal written grievance, the grievant shall attempt to resolve the
issue by completing the Level I section of the grievance form and scheduling and
attending an informal conference with the appropriate administrator.
6.3.1.2 The appropriate administrator shall schedule and conduct the requested informal
conference within ten (10) days of the meeting request.
6.3.1.3 The appropriate administrator shall provide the grievant with a written decision of the
grievance within five (5) days of the informal conference.
6.3.1.4 If the grievant is not satisfied with the written decision at Level I, or if the
appropriate administrator fails to meet with the grievant, if requested, or if the
appropriate administrator fails to deliver the written decision to the grievant as set
forth in this article, the grievant may appeal to Level II and file a formal grievance
with the district grievance officer within ten (10) days.
6.3.2 Level II FormalDesignated District Grievance Officer
6.3.2.1 An appeal of a Level I decision and/or filing a grievance pursuant to the terms in
this Article, shall be submitted to the designated district grievance officer. The
appeal shall include a clear and concise statement of the basis for the appeal.
The designated district grievance officer shall submit a written decision on the
appeal to the grievant within ten (10) days of the receipt of the appeal.
6.3.2.2 If the grievant is not satisfied with the decision of the designated district
grievance officer, the grievant may within ten (10) days submit an appeal of
the decision on the grievance form and appeal to Level III.
6.3.3 Level III FormalMediation
6.3.3.1 The Association shall, on behalf of the grievant, request a mediator from the
California State Mediation and Conciliation Service within ten (10) working days
of the receipt of the Level II decision.
6.3.3.2 If there is no resolution from mediation, then the Association may submit the
grievance to Level IV.
6.3.4 Level IV FormalAdvisory Arbitration
6.3.4.1 The district grievance officer shall, within ten (10) days after receipt of the written
appeal, submit a request for the immediate services of an advisory arbitrator to
the California State Mediation and Conciliation Service.
6.3.4.2 The grievant and the District shall attempt to agree upon an advisory arbitrator. If
no agreement can be reached, they shall request the California State Mediation
and Conciliation Service to supply a panel of five (5) names of persons
experienced in hearing grievances regarding community colleges. Each party
shall alternately strike a name until only one name remains. The remaining panel
member shall be the advisory arbitrator. The order of striking shall initially be
determined by lot. For each subsequent instance thereafter the parties shall
alternate striking first. If the arbitrator will not be available within ninety (90) days,
the parties may agree to secure another list and repeat the selection.
Page 13 of 118
6.3.4.3 The arbitrator will hold an arbitration hearing and issue an advisory decision.
The arbitrator shall not have the authority to delete, add to, or otherwise modify
the provisions of this Agreement. The arbitrator’s authority shall be limited to
deciding whether the District has violated, misinterpreted, or misapplied the
referred to express provision of this Agreement, and such decision shall not
imply obligations and conditions to restrict the District in its administration of the
terms of this Agreement, it being understood that any matter not specifically set
forth herein remains within the management rights of the District.
6.3.4.4 The arbitrator’s decision shall clearly indicate whether it is primarily in favor of the
grievant, the District, or neither (50-50 split).
6.3.4.5 If the grievant is not satisfied at Level IV, the grievant may within fifteen (15)
days appeal the decision on the appropriate grievance form to the Board of
Trustees for review. The form must be submitted to the designated district
grievance officer.
The grievant may also request a hearing. Said hearing shall be requested at
the time the appeal is filed. Said hearing shall be conducted by the member(s) of
the Board of Trustees as designated by the Board of Trustees President.
The parties agree that Level V of this grievance procedure may be waived by
mutual agreement of the grievant and the District.
6.3.4.6 Arbitration Costs: Each party shall bear the costs of preparing and presenting its
own case in arbitration. If the arbitrator’s decision is primarily in favor of the
District, the fees and expenses shall be paid by the Faculty Association. If the
arbitrator’s decision is primarily in favor of the Faculty Association, the fees and
expenses shall be paid by the District. If the arbitrator’s decision is not clearly in
favor of either party, the fees and expenses shall be shared equally between the
Faculty Association and the District.
6.3.5 Level VBoard of Trustees
6.3.5.1 If the grievant is not satisfied with the decision at Level IV, the grievant may, within
fifteen (15) days of receiving the decision, appeal to the Board of Trustees for a
hearing. The request for a hearing must be submitted to the Board of Trustees
through the designated district grievance officer.
6.3.5.2 Said hearing shall be conducted by a panel of at least a quorum of the Board of
Trustees.
6.3.5.3 The parties agree that Level V of this grievance procedure may be waived by mutual
agreement of the grievant and the District.
6.3.5.4 The Board of Trustees shall communicate its decision in writing to the grievant
within thirty (30) days. The decision of the Board of Trustees shall be considered the
final level for a grievance.
6.3.6 Nothing in this grievance procedure shall imply a waiver of any other due process rights
available to an employee or the Faculty Association as prescribed by law.
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ARTICLE 7: ORGANIZATIONAL SECURITY
7.1 Pursuant to the Government Code Section 3546(a), employees shall, as a condition of continued
employment, be required to either join the Faculty Association or to pay a service fee. This
provision shall be in effect only as long as the statutory requirement requiring a service fee
remains in effect or until such time as a majority of bargaining unit members vote to rescind
this agency fee arrangement pursuant to provisions set forth in Government Code Section
3546.
The District will deduct dues or the service fee from Association members, and disperse such
funds to the Association and any voluntary contributions to the Association’s PAC funds
authorized in writing by the employee on the appropriate form located online and in the Appendix
(Faculty Association Dues and/or A Service Fee), subject to the following conditions:
7.1.1 Dues and/or voluntary contributions deductions shall be made only upon the submission
of the Faculty Association Dues and/or A Service Fee form signed by the employee. The
District and the Association agree that bargaining unit employees who have been paying
Association membership dues or the service fee prior to the ratification of this Agreement
do not need to complete new forms to continue the same deductions.
7.1.2 The District shall not be obligated to put into effect any new, changed, or discontinued
deduction until the pay period commencing fifteen (15) business days or more after such
submission.
7.2 Newly hired employees of the bargaining unit will be provided the Faculty Association Dues and/or
A Service Fee form during the new employee orientation provided by the office of human
resources. The Association will be invited to attend a portion of the orientation to address new
bargaining unit members.
Until such time as the employee submits to the District a completed Faculty Association Dues
and/or A Service Fee form, the District will process a deduction equal to the service fee.
Employees may submit the Faculty Association Dues and/or A Service Fee form to Business
Services if they decide to become a member of the Association or elect to decline membership
based on religious grounds per article 7.4. A copy of all completed forms will be provided to the
Association.
7.3 The deductions for Association dues and service fees shall be in accordance with the Association
dues and service fee schedule. It is the responsibility of the Association to provide said
schedule to the District. Any proceedings shall be governed by applicable State laws and are
specifically excluded from Article 6, Grievance Procedure, of this Agreement.
7.3.1 Schedule of Deduction: Annual dues and service fee deductions are applied to all
bargaining unit members and paid over the ten (10) month academic year. Annual dues
deductions are to be taken from the base annual salary schedule placement only as
defined per Article 14.1.3.2.
7.4 Pursuant to Government Code 3546.3, any employee who is a member of a religious body
whose traditional tenets or teachings include objections to joining or financially supporting
Page 15 of 118
employee organizations shall not be required to join, maintain membership in, or financially
support any employee organization as a condition of employment. Bargaining unit members shall
be required, in lieu of a service fee, to pay sums equal to such service fee either to a
nonreligious, nonlabor organization, charitable fund exempt from taxation under Section
501(c)(3) of Title 26 of the Internal Revenue Code chosen by the employee and deducted in
accordance with 7.3.1. If such employee who holds conscientious objections pursuant to this
section and requests the Faculty Association to use the grievance procedure or arbitration
procedure on the employee’s behalf, the Association is authorized to charge the employee for
the reasonable cost of using such procedure.
7.5 Revocation of Membership
Once an employee has joined the Association, the employee must retain their membership for the
duration of this Agreement so long as the employee remains a bargaining unit member.
Employees may only revoke their membership after the effective date of this provision during the
fifteen (15) business day period immediately preceding expiration of this Agreement.
7.5.1 A request to revoke membership must be submitted in writing to the Association. The
employee must also resubmit the Faculty Association Dues and/or A Service Fee form to
Business Services.
7.6 The Association agrees to save and hold harmless the District from all claims, demands, suits, or
any other action arising as a result of the enforcement of this article of the Agreement and agrees to
assume the defense upon request of the District in connection with any legal proceedings under
this article.
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ARTICLE 8: SEVERABILITY
8.1 Savings Clause: If there exists any applicable court determination, law, rule, regulation, or order
issued by governmental authority other than the District which shall render invalid or restrain
compliance with or enforcement of any provision of this Agreement, such provision shall be
immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or
order shall remain in effect. Such invalidation of a part or portion of this Agreement shall not
invalidate any remaining portions which shall continue in full force and effect.
8.2 Replacement for Severed Provision: In the event of suspension or invalidation of any article or
section of this Agreement, the parties agree to meet and negotiate within thirty (30) calendar days
after such determination for the purpose of arriving at a mutually satisfactory replacement for
such article or section.
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ARTICLE 9: SAFETY
9.1 District Compliance: Faculty shall not be required to work in unsafe conditions or to perform tasks
that endanger their health and safety if the District has knowledge of a hazardous condition or
situation. The District shall conform to and comply with all health, safety, and sanitation
requirements imposed by state, Federal, or applicable local regulations adopted under state,
Federal, or applicable local law.
9.1.1 The District shall, within five (5) business days, provide to the Association President a
copy of any correspondence with regard to reported or identified unsafe working
conditions between the District and a state or federal governmental safety regulatory
agency.
9.1.2 The Association shall appoint two members to the District Safety Committee.
9.1.3 Safety Training: The District shall provide safety training during the regular contract year
appropriate to the discipline within which the employee works.
9.2 Employee Conduct:
9.2.1 Employees shall comply with all state and federal laws, and District policies and
procedures regarding safe practices. All District policies and procedures will be
disseminated to employees as appropriate.
9.2.2 When an employee perceives a condition or circumstance which may prove to be a safety
hazard the employee shall report the situation or condition to the appropriate administrator.
9.3 Safety Complaint: Employees who wish to provide a safety suggestion or report an unsafe working
condition or practice shall complete the “Safety Hazard/Suggestion Report Form” provided by the
District. Upon notification, the District Safety Coordinator or his/her designee shall investigate any
complaint of unsafe or hazardous working condition and, if the condition is determined to be
unsafe or hazardous, shall work to eliminate or correct the unsafe or hazardous condition as soon
as possible.
9.3.1 The District Safety Coordinator or their designee shall notify the employee in writing
how the hazardous condition will be eliminated or corrected.
9.3.2 No employee shall be discriminated against as a result of reporting any condition
believed to be a violation of Section 9.1.
9.4 Drug and Alcohol Testing Pursuant to the United States Department of Transportation
Regulations Per Board Policy 6950.
9.4.1 This section shall only apply to employees in positions identified by Board Policy 6950.
9.4.2 Left blank intentionally.
9.4.3 Any drug/alcohol treatment and/or rehabilitation cost shall be borne by the employee if
such cost is not covered by the District medical insurance plan as provided by Article
11, Health and Welfare, Section 11.2.
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9.4.4 Any leave approved by the District for alcohol/drug treatment and/or rehabilitation during
the employee’s contract year shall be in accordance with Article 10, Leaves of Absence,
and shall be taken from the employee’s sick leave if sick leave is available.
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ARTICLE 10: LEAVES OF ABSENCE
10.1 General Provisions
10.1.1 The leave benefits which are expressly provided by this article are the sole leave benefits
which are part of this collective Agreement, and it is agreed that other statutory or
regulatory leave benefits are not incorporated with this Agreement, nor are such other
benefits subject to the grievance procedure of Article 6.
The following leaves are available to employees, subject to the conditions as set forth in
this article.
1. Personal Illness and Injury Leave
2. Personal Necessity Leave
3. Judicial Leave
4. Bereavement Leave
5. Maternity/Pregnancy Disability Leave
6. Military Leave
7. Industrial Accident/Injury Leave
8. Quarantine Leave
9. Extended Illness/Injury Leave
10. Reduced Workload (Willie Brown Act)
11. Reduced Workload (other)
12. Leave of Absence without Pay
13. Family and Medical Care Leave
10.1.2 All paid leaves granted pursuant to the provisions of this article shall be credited as
service for step advancement on the salary schedule and to the extent permitted by law
shall be credited towards retirement in the same proportion as salary received.
10.1.3 Upon return from a leave granted pursuant to this article, an employee shall be assigned
to a position substantially similar in duties to that which was held at the time that the
request for leave was granted and for which the employee is credentialed and qualified.
An employee returning from leave may make other arrangements with the District prior to
the leave or prior to returning from the leave. An employee shall be entitled to return to the
same campus except if otherwise required by business or academic necessity.
10.1.4 All leaves of absence for whatever reason shall be requested and/or reported within ten
(10) calendar days after the return from the absence.
10.1.5 An employee shall make written application for paid leave as soon as possible in
accordance with procedures specific to the type of leave. If paid leave is denied, the
employee will be provided with a written statement which explains the reason for the
denial. Denial shall not be grievable.
10.1.6 An employee shall suffer no loss of seniority or order of employment while on paid leave.
10.1.7 The District may require an applicant for paid leave to submit evidence that substantiates
the request. Examples of such evidence may include a physician’s or psychologist’s
statement, a statement from a practitioner or a recognized church or denomination, a copy
of a subpoena directed to the applicant, or a notice of jury service, etc.
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10.2 Personal Illness and Injury Leave
10.2.1 Amount of Leave: Full-time regular and contract employees shall be entitled to ten (10)
days leave with full pay for each academic year of service for purposes of personal illness
or injury. Regular and faculty contract employees who work less than full time shall be
entitled to a prorated ratio of the ten (10) days leave as their academic assignment bears
to a full-time assignment. This annual entitlement shall be based on a 175-day annual
assignment.
Employees who work more than 175 days shall receive additional sick leave as that
assignment bears to a prorated full-time, 175-day assignment.
Employees will earn sick leave for summer assignments at the rate of one hour per 17 ½
hours worked.
10.2.2 Accumulation of Leave: If an employee does not utilize the full amount of leave as
authorized in Section 10.2.1, the amount not utilized shall be accumulated from year to
year.
10.2.3 Verification of Illness or Injury: Upon request by District management, employees shall be
required to present a certificate signed by a physician. If the District requires an employee
to go to a District-designated doctor, the District will pay for any unreimbursed medical
expenses incurred by the employee in obtaining the certificate.
10.2.4 Notification of Absence: Employees shall notify the District of an absence as soon as
practicable prior to the start of the employee’s assignment.
10.2.4.2 The employee is to report the absence on-line and submit for approval within ten
(10) calendar days after returning to work.
10.2.5 Notification of Return: Prior to the end of the college business day, an employee shall
notify the administrator or designee of the employee’s intent to return or not to return to
work the following day and will indicate the day of expected return.
10.2.6 Salary Adjustment upon Termination: If an employee terminates District employment
having used more sick leave than has been accrued, an adjustment will be made on the
final warrant.
10.2.7 Sick Leave upon Retirement: The employee may convert unused sick leave to retirement
credit in accordance with California Government Code Section 20862.5 or California
Education Code Section 22719 or its successor if the employee is filing a request for
retirement.
10.2.8 Transfer of Accrued Sick Leave: Accrued sick leave will be transferred if an employee
terminates employment with the District and is employed by another California public
school district or other public educational agency, but only in accordance with the specific
conditions of applicable sections of the California Education Code and the conditions
specified by the new employing agency. It is the employee’s responsibility to initiate the
transfer request through the new employing agency. Accrued sick leave earned by a
newly hired employee in another California public school district or other public
educational agency will be transferred to Allan Hancock College and credited to the newly
hired employee, but only in accordance with the specific conditions of applicable sections
of the California Education Code. It is the employee’s responsibility to initiate the transfer
request through Allan Hancock College Human Resources Office.
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10.2.9 Annual Sick Leave Statement: The District shall provide self-service access to leave
balances. The statement of accrued sick leave shall include both days of leave earned
from regular assignments as well as equivalent days and fractional days earned from all
prior sick leave hours accrued from summer assignments. The two amounts shall be
available as separate totals.
10.2.10 Maternity/Pregnancy Disability: Employees are entitled to use sick leave as set forth in
Sections 10.2.1 for pregnancy, miscarriage, childbirth, and the recovery therefrom on the
same terms and conditions governing leaves of absence for other illness. A medical
release may be required prior to the employee’s return to work.
10.2.11 Sick Leave Deduction Process: Employees shall have daily sick leave deducted in
proportion to the fraction of the daily load which they missed.
10.3 Personal Necessity Leave
10.3.1 Leave which is credited under Section 10.2.1 (sick leave) of this article may be used at the
employee’s election for the purposes of personal necessity provided that use of such
personal necessity leave does not exceed seven (7) days in any fiscal year. Such leave
must be approved by the appropriate administrator, however, three (3) of the seven (7)
days may be taken at the employee’s discretion and with reasonable advanced notice.
The employee shall complete and submit the appropriate request following the procedures
in Sections 10.2 and 10.3 of this article in advance of the beginning of the leave for
approval. When an emergency or extenuating circumstance make such advance notice
impracticable, the employee must still report the leave in accordance with Sections 10.2.4
and 10.2.5 of this article and complete the absence request immediately upon returning to
work. Upon return from an approved personal necessity leave of absence, the employee
may be required to provide such proof of eligibility for the personal necessity leave.
10.3.2 For the purpose of qualifying for paid personal necessity leave, there shall be a
compelling reason requiring the employee’s absence from duty, which cannot be attended
to outside of the employee’s duty hours and which shall be limited to one of the following
reasons:
10.3.2.1 The death of a member of the employee’s immediate family as defined in
Section 10.5.2 of this article when additional leave is required beyond that
provided by bereavement leave in Section 10.5 of this article. (See also Section
10.5.1.)
10.3.2.2 An accident or emergency illness involving the employee’s personal property or
the person or property of the employee’s immediate family. Immediate family is
as defined in Section 10.5.2 of this article.
10.3.2.3 Required appearance brought about as a result of a legal notice to appear as a
witness before government or judicial agency or court of law or appearance as a
litigant in a legal action. If a witness fee is payable, such fee shall be demanded
and collected by the employee and remitted to the District up to the employee’s
prorated pay for such absence.
10.3.2.4 Absence for parent on the occasion of childbirth and absence for mother and/or
father to meet legal compliance for adoption or caring for an infant or child who
has been placed in the employee’s home for the purpose of adoption.
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10.3.2.5 Observance of a religious holiday (requires advanced notice to the
administrator).
10.4 Judicial Leave
10.4.1 The employee shall be provided leave for regularly called jury duty and, when
subpoenaed, to appear as a witness in court, other than as a litigant, for reasons not
brought about through the connivance or misconduct of the employee.
10.4.2 The employee, while serving on jury duty, will receive pay in the amount of the difference
between the employee’s regular earnings and any amount received for jury duty service,
exclusive of any mileage reimbursement. However, the employee shall receive full
compensation if the employee remits to the District the fee received exclusive of the
mileage reimbursement.
10.4.3 Paid judicial leave shall not be provided for employees who serve as paid expert
witnesses.
10.4.4 An employee of the bargaining unit shall notify the appropriate supervisor in writing as
soon as possible after receiving notice of jury duty or subpoena. Upon return from judicial
leave, the employee must complete the District’s absence report form and attach to the
form verification of judicial leave.
10.5 Bereavement Leave
10.5.1 In the event of a death of any member of the immediate family, the employee shall be
entitled to three (3) days leave of absence for each death or five (5) days leave of
absence if the employee must travel more than 300 miles without loss of salary or
deduction from sick leave.
In the event of a death of any present or past District employee where the funeral or
memorial service is held locally during work hours, the employee may take 1.5 hours of
bereavement absence without loss of salary or deduction from sick leave.
Employees are encouraged to discuss bereavement leave needs with their supervisor
including when parameters of 10.5.1 do not meet the employee’s needs.
10.5.2 For the purposes of this provision, the immediate family shall be limited to mother, father,
grandmother, grandfather, grandchild, aunt, uncle, niece, or nephew of the employee or of
the spouse or the domestic partner of the employee and the spouse, domestic partner,
son, son-in-law, step-son, daughter, daughter-in-law, step-daughter, brother, brother-in-
law, sister, sister-in-law, legal ward or a child of a person standing in loco parentis, or any
relative living in the immediate household of the employee.
10.5.3 If additional leave is needed, the employee can use personal necessity leave in
accordance to the provisions of Section 10.3 of the article.
10.5.4 Employees of the bargaining unit shall be required to complete an absence verification
form provided by the District upon return from bereavement leave and may be required to
provide proof of eligibility such as newspaper obituary notice or death certificate for
bereavement leave benefits.
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10.6 Military Leave
10.6.1 The employee will be granted leave for military duty in accordance with applicable state
and federal laws.
10.6.2 The leave must be verified by a copy of the military orders requiring the military duty.
Verification must be attached to the District’s absence report form as far as possible in
advance of actual leave.
10.7 Leave of Absence Without Pay
10.7.1 Regular and contract faculty may be granted leave without pay for a period of up to one
year with approval of the superintendent/president and recommendation to the Board of
Trustees for action. Such leave shall be without compensation or salary increment, and
the leave shall not count towards sabbatical leave credit, or tenure for contract faculty. An
extension of one year may be approved by the superintendent/president. See Article 13 -
Professional Development (13.1.1) - for effect of leave of absence without pay on
sabbatical leave eligibility.
10.7.2 Procedure for Requesting Leave Without Pay
10.7.2.1 The employee shall submit a written request for leave to the
superintendent/president as far in advance as possible. Requests made prior to
schedule development of the subsequent term or academic year are more likely
to be approved. The superintendent/president may confer with the appropriate
administrator to assess the impact of the request upon the District.
10.7.2.2 The written request for leave shall state:
10.7.2.2.1 The reason(s) for the leave; and
10.7.2.2.2 The anticipated duration of absence; and
10.7.2.2.3 The intention to return to service at the end of absence.
10.7.2.3 The District may require the employee to provide evidence to justify the request
for leave.
10.7.2.4 The superintendent/president is not obligated to recommend the request if it is
not in the interest of the District. If the leave is approved, the
superintendent/president will submit the request and a recommendation to the
Board of Trustees for action.
10.7.2.5 An employee on such leaves shall notify the District human resources office by
the third week of the final semester of the leave as to the employee’s intent to
return to employment with the District.
10.7.2.6 Failure by the employee to return from unpaid leave will constitute an
abandonment of position which may result in disciplinary action up to and
including termination by the District.
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10.8 Reduced Workload (Other Than Willie Brown Act)
10.8.1 Regular faculty may take a partial unpaid leave of absence by accepting less than a full-
time assignment. In such leaves, regular faculty shall continue to fulfill the appropriate
prorated share of full-time duties.
10.8.2 Procedure for requesting reduced workload
10.8.2.1 The employee shall submit a written request for reduced workload to the
superintendent/president as far in advance as possible. Requests made prior to
schedule development of the subsequent term or academic year are more likely
to be approved. The superintendent/president may confer with the appropriate
administrator to assess the impact of the request upon the district.
10.8.2.2 The written request for leave shall state:
10.8.2.2.1 The reason(s) for the reduced workload; and
10.8.2.2.2 The reduction in FTE requested; and
10.8.2.2.3 The anticipated duration of reduced workload.
10.8.2.3 The District may require the employee to provide evidence to justify the request.
10.8.2.4 If the request for reduced load is to be considered under the provisions of the
Willie Brown Act (Education Code Section 87483) such requests are subject to
Section 10.9 of this article.
10.8.3 The superintendent/president is not obligated to recommend the request if it is not in the
interest of the District. If the reduced workload request is approved, the
superintendent/president will submit the application and a recommendation to the Board
of Trustees for action.
10.8.3.1 All requests under this section that are approved by the Board of Trustees will
receive prorated (FTE) salary, employee benefits and STRS contributions, and
credits that are consistent with reduced workload (FTE). However, under exigent
circumstances, the district may authorize employee benefit contributions to be
other than the prorated amount.
10.9 Reduced Workload under Education Code 87483 (Willie Brown Act)
10.9.1 An employee requesting a reduced workload under the provision of California Education
Code Section 87483 must meet the following criteria:
10.9.1.1 The employee must have reached the age of 55 prior to reduction in workload.
10.9.1.2 The employee must have been employed full time in an academic position or a
position requiring certification or both for at least ten years of which the
immediate preceding five years were full-time employment.
10.9.1.3 Sabbatical or other approved leaves do not count as a break in service but shall
not be used in computing the five years’ full-service requirement.
10.9.1.4 The minimum part-time employment shall be the equivalent of one-half of the
number of days’ service or 50 percent of workload required by the employee’s
contract of employment during the final year of service in a full-time position.
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10.9.2 For employees granted a reduced workload contract under Education Code Section
87483:
10.9.2.1 The employee must comply with request conditions in 10.9.1 above.
10.9.2.2 The employee and the District shall continue to make retirement contributions as
if the employee were earning the salary prior to going on reduced workload. The
District will make any additional retirement contributions as specified by STRS
regulations.
10.9.2.3 The employee shall be paid a salary which is the prorated share of the salary
they would be earning had they not been approved for reduced workload
employment.
10.9.2.4 The employee shall receive health benefits in the same manner as a full-time
employee. Health benefits for the purpose of this Agreement are defined as
medical and dental as provided by Article 11.
10.9.2.5 The period of reduced workload which can qualify for full-time retirement benefits
shall not exceed ten years and shall not extend beyond the end of the school
year during which the employee reaches her/his 70
th
birthday.
10.9.2.6 Other District employee benefits not included in 10.9.2.4 may be purchased by
the employee through a payroll deduction system.
10.9.2.7 Conditions of this section will be implemented only upon approval by both the
Board of Trustees and the State Teachers’ Retirement System.
10.10 Extended Illness and Injury Leave
10.10.1 If a bargaining unit member has exhausted their accumulated sick leave and that sick
leave totals less than five (5) months, additional nonaccumulated extended illness leave
shall be available up to a maximum of five months when counting both the accumulated
and nonaccumulated leave. The amount deducted for extended leave purposes from the
employee’s salary shall be the amount actually paid a substitute employee employed to fill
the position during the leave or if no substitute is employed, the amount which would have
been paid to a substitute.
10.11 Industrial Accident/Illness Leave
10.11.1 Employees will be entitled to industrial accident leave according to the provisions in
Education Code Section 87787 for personal illness or injury which has qualified for
Workers’ Compensation under the provisions of the State Workers’ Compensation
Insurance Program.
10.11.2 Employees shall notify an administrator of any accident or illness arising out of
employment with the District as soon as possible but normally within twenty-four (24)
hours.
10.11.3 Pursuant to the statutory provisions of the State Workers’ Compensation System, the
District has a right to have employees examined by a physician or psychologist
designated by the District at the District’s expense to assist in determining the length of
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time the employee will be temporarily unable to perform assigned duties and the degree
to which a disability is attributable to the injury involved.
10.11.4 Allowable leave shall be for not less than sixty (60) days during which the college is
required to be in session or when the employee would otherwise have been performing
work for the District in any one fiscal year for the same accident.
10.11.5 When an industrial accident or illness leave overlaps into the next fiscal year, the
employee shall be entitled to only the amount of unused leave due for the same illness or
injury.
10.11.6 Allowable leave shall not accumulate from year to year.
10.11.7 Industrial accident or illness leave shall commence on the first day of absence.
10.11.8 When an employee is absent from their duties on account of an industrial accident or
illness, they shall be paid the portion of the salary due them for any month in which the
absence occurs as when added to their temporary disability indemnity will result in a
payment to the employee of not more than their salary.
10.11.9 Industrial accident or illness leave shall be reduced by one day for each day of authorized
absence regardless of a temporary disability award.
10.11.10 When entitlement to industrial accident or illness leave under this section has been
exhausted, accumulated sick leave or other applicable paid leave will be used in full-day
increments for each day of industrial accident or illness absence.
If, however, the employee is still receiving temporary disability payments under the
Workers’ Compensation laws of this state at the time of exhaustion of benefits under this
section, the employee shall be entitled to use only so much of the person’s accumulated
or available sick leave, which when added to the workers’ compensation award, provides
a regular day’s pay at the employee’s regular rate of pay.
10.11.11 Employees shall upon demand of the District endorse to the District workers’
compensation checks issued in the name of the employee for any day(s) for which the
employee received compensation from the District.
10.12 Quarantine
10.12.1 An employee shall receive a paid leave of absence during the period of the employee’s
quarantine by a duly constituted governmental authority.
10.12.2 Deduction from Leave: An employee, who misses any scheduled duties due to
quarantine, shall have leave deducted from their accumulated sick leave.
10.13 Family and Medical Care Leave (FMLA & CFRA)
The District will provide family and medical care leave for eligible employees as required by State
and Federal law. The following provisions set forth employee’s rights and obligations with respect
to such leave. Rights and obligations which are not specifically set forth below are set forth in the
Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993
(FMLA) and the regulations of the California Fair Employment and Housing Commission
implementing the California Family Rights Act (CFRA). Unless otherwise provided by this article,
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“Leave” under Section 10.13 through 10.13.9 of this article shall mean leave pursuant to the
FMLA and CFRA.
10.13.1 Members Eligible for Leave: An employee is eligible for leave if the employee:
A. has been employed for at least 12 months; and
B. has been employed for at least 1,250 hours during the 12-month period immediately
preceding the commencement of the leave.
10.13.2 Request for Leave: Employees must fill out the following applicable forms in connection
with Family Medical Leave (FMLA) under this article. These forms enable the District to
satisfy its recordkeeping obligations.
A. “Request for Family or Medical Leave” to establish eligibility.
B. Medical Certification - either for the employee’s own serious health condition, or the
serious health condition of a child, parent, spouse, or domestic partner.
C. “Fitness for Duty to Return from Leave Certification” form.
10.13.3 Reasons for Leave:
A. Leave is permitted for only the following reasons:
1. The birth of a child or to care for a newborn of the employee.
2. The placement of a child with the employee in connection with the adoption or
foster care of a child.
3. Leave to care for a child, parent, spouse, or domestic partner who has a serious
health condition.
4. Leave because of a serious health condition that makes the employee unable to
perform the functions of thier position.
5. Leave for a qualifying exigency arising out of the fact that the employee’s spouse,
child, or parent is on covered active duty or called to active duty status in the
Armed Forces.
6. Leave to care for a spouse, child, parent, or “next of kin” who is a covered
servicemember of the Armed Forces who has a serious injury or illness incurred
in the line of duty while on active military duty or that existed before the beginning
of the member’s active duty and was aggravated by service in the line of duty on
active duty in the Armed Forces.
B. A “serious health condition” includes an illness, injury impairment, or physical or
mental condition that involves continuing treatment by a health care provider or in
patient care in a hospital, hospice, or residential medical care facility.
C. “Continuing treatments” by a health care provider includes any one or more of the
following:
1. A period of incapacity due to a serious health condition of more than three (3) full
consecutive calendar days, and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
Treatments two (2) or more times within thirty (30) days of the first day of
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incapacity, unless extenuating circumstances exist, by a health care provider, by
a nurse, or by a provider of health care services under orders of, or on referral by,
a health care provider. The first in-person treatment must take place within seven
(7) days of the first day of incapacity; or
Treatment by a healthcare provider on at least one occasion which must take
place within seven (7) days of the first day of incapacity and results in a regiment
of continuing treatment under the supervision of the health care provider.
2. Any period of incapacity due to pregnancy or for prenatal care.
3. Any period of incapacity or treatment for such incapacity due to a chronic serious
health condition.
4. Any period of incapacity which is permanent or long-term due to a condition for
which treatment may not be effective. The employee or family member must be
under the continuing supervision of, but need not be receiving active treatment
by, a health care provider.
5. Any period of absence to receive multiple treatments (including any recovery
therefrom) by a health care provider or by a provider of health care services under
orders of, or on referral by, a health care provider for either restoration surgery
after an accident or other injury, or for a condition that would likely result in a
period of incapacity for more than three (3) consecutive calendar days in the
absence of medical intervention or treatment.
D. “Health Care Provider” means
1. A doctor of medicine or osteopathy or physician’s assistant who is authorized to
practice medicine or surgery by the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who directly
treats or supervises treatment of a serious health condition.
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized to practice in California
and performing within the scope of their practice as defined under California State
law.
4. Nurse practitioners and nurse-midwives who are authorized to practice under
California State law and who are performing within the scope of their practice as
defined under California State law.
5. Christian Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts.
6. Any health care provider from whom an employer or group health plan’s benefits
manager will accept certification of the existence of a serious health condition to
substantiate a claim for benefits.
E. “Child” means a child under the age of 18 years of age, or 18 years of age or older
who is incapable of self-care because of a mental or physical disability. An
employee’s child is one for whom the employee has actual day-to-day responsibility
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for care and includes a biological, adopted, foster, or step-child, or legal ward or a
child of a person standing in loco parentis (in place of a parent).
F. “Parent” means the biological parent of an employee or an individual who stands or
stood in loco parentis (in place of a parent) to an employee when the employee was a
child. This term does not include parents-in-law.
G. “Spouse” means a husband or wife as defined or recognized under California State
law for purposes of marriage.
H. “Domestic Partnermeans two adults who have chosen to share one another's lives
in an intimate and committed relationship of mutual caring, and who have established
a domestic partnership pursuant to California Family Code §297
I. “Active Duty” means (1) in the case of a member of a regular component of the
Armed Forces, duty during the deployment of the member with the Armed Services in
a foreign country; or (2) in the case of a member of the reserve component of the
Armed Forces to a foreign country under a call or order to active duty under certain
specified positions.
J. “Covered Servicemember” means (1) a current member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury or illness; or (2) a veteran
who is undergoing medical treatment, recuperation, or therapy, for a serious injury or
illness and who was a member of the Armed Forces, including a member of the
National Guard or Reserves, at any time during the period of five years preceding the
date on which the veteran undergoes that medical treatment, recuperation, or
therapy.
K. “Next of Kin of a Covered Servicemember” means the nearest blood relative other
than the covered service member’s spouse, parent, son or daughter, in the following
order of priority: Blood relatives who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered servicemember
has specifically designated in writing another blood relative as his or her nearest
blood relative for purposes of military caregiver leave under FMLA.
10.13.4 Amount of Leave: Eligible employees are entitled to a total of 12 workweeks of leave (or
26 weeks to care for a covered servicemember) during any 12-month period.
A. An employee’s entitlement to leave for the birth or placement of a child for adoption
or foster care expires 12 months after the birth or placement. In addition, the basic
minimum duration of such leave is two weeks. However, an employee is entitled to
leave for one of these purposes (e.g., bonding with a newborn) for at least one day,
but less than two weeks’ duration on any two occasions during the 12-week period.
B. If leave is requested to care for a child, parent, spouse, domestic partner, or the
employee with a serious health condition, there is no minimum amount of leave that
must be taken. However, the notice and medical certification provisions of this article
must be complied with.
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C. In any case in which the parents are both employed by the Allan Hancock Joint
Community College District and are entitled to leave, the aggregate number of
workweeks of leave to which both may be entitled will be limited to 12 workweeks
during any 12-month period if leave is taken for the birth or placement for adoption or
foster care of the employees’ child (or 26 weeks to care for a covered
servicemember). This limitation does not apply to any other type of leave under this
policy.
D. “12-month period” means the 12-month period measured forward from the date an
employee’s first leave begins.
10.13.5 Employee Benefits While on Leave
A. Leave under this article is unpaid. While on leave, an employee will continue to be
covered by the District’s group health insurances which will include medical, dental,
and income protection insurances in the same extent that coverage is provided while
the employee is on the job. However, an employee will not continue to be covered
under the District’s non-health benefit plans which include TSA, life insurance, and
other non-health benefit plans unless an employee makes the appropriate
contributions for continued coverage. An employee may make the appropriate
contributions for continued coverage under the preceding non-health benefit plans by
payroll deductions or direct payments made to these plans. Employee contribution
rates are subject to any change in rates that occurs while the employee is on leave.
B. If an employee fails to return to work after their leave entitlement has been exhausted
or expires, the District shall have the right to recover its share of health plan
premiums for the entire leave period, unless the employee does not return because
of the continuation, recurrence, or onset of serious health condition which would
entitle the employee to leave, or because of circumstances beyond the employee’s
control. The District shall have the right to recover premiums through deduction from
any sums due to the employee from the District (such as unpaid wages, vacation pay,
etc.).
10.13.6 Use of Other Accrued Leaves While on Leave
A. If an employee requests leave for any reason permitted under Section 10.13.2, they
must exhaust all accrued leaves, except sick leave, in connection with the leave. The
exhaustion of accrued leave will run concurrently with the leave.
B. If an employee requests leave for their own serious health condition, in addition to
exhausting accrued leave, the employee must also exhaust accrued sick leave. The
exhaustion of accrued leave will run concurrently with the leave.
10.13.7 Certification and Intermittent Leave
A. The District will require an employee who requests leave to provide written
certification on a form provided by the District and completed by the health care
provider of the individual requiring care. If the leave is requested because of the
employee’s own serious health condition, the certification must include a statement
that the employee is unable to perform the essential function of their position. An
employee need not, but may at the employee’s option, identify the serious health
condition involved.
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B. Employees who request leave to care for a covered servicemember who is a child,
spouse, parent or “next of kin” of the employee must provide written certification from
a health care provider regarding the injured service member’s injury or illness.
C. The first time an employee requests leave because of a qualifying exigency, the
employee is required to provide the District with a copy of the covered military
member’s active duty orders or other documentation issued by the military which
indicates that the covered military member is on active duty or called to active duty in
a foreign country with the dates of active duty service. New active duty orders or
similar documentation shall be provided to the District if the need for qualifying
exigency leave arises out of a different active duty or call to active duty status of the
same or a different covered military member.
D. If the second opinion is different from the first, the District may require the opinion of
a third provider jointly approved by the District and the employee. The opinion of the
third provider will be binding.
E. If an employee requests leave intermittently (a few days or hours at a time) or on a
reduced leave schedule to care for an immediate family member with a serious health
condition, the employee must provide medical certification that such leave is
medically necessary. “Medically necessary” means there must be a medical need for
the leave and that the leave can best be accomplished through an intermittent or
reduced leave schedule.
10.13.8 Employee Notice of Leave: Although the District recognizes that emergencies arise which
may require an employee to request immediate leave, an employee is required to give as
much notice as possible of their need for leave. If leave is foreseeable, at least 30
calendar days’ notice is required. In addition, if an employee knows that leave will be
needed in the future, but does not know the exact date(s) e.g., for birth of a child or to take
care of a newborn, the employee shall inform the supervisor as soon as possible that such
leave will be needed. Such notice may be given verbally.
For foreseeable leave due to a qualifying exigency, an employee must provide notice of
the need for leave as soon as practicable, regardless of how far in advance such leave is
foreseeable.
10.13.9 Reinstatement upon Return from Leave
A. Upon expiration of leave, an employee is entitled to be reinstated to the position of
employment held when the leave commenced or to an equivalent or comparable
position.
B. As a condition of restoration of an employee whose leave was due to the employee’s
own serious health condition, which made the member unable to perform their job,
the employee shall obtain and present a fitness-for-duty certification on the form
approved by the District from the health care provider that the employee is able to
resume work. Failure to provide such certification will result in denial of restoration.
10.14 Catastrophic Leave Donation Program - Per Education Code 87045
10.14.1 Any bargaining unit member may donate earned sick leave to another district employee
when that employee or a member of their family (employee’s spouse, domestic partner,
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parent, child(ren)), suffers from a catastrophic illness or injury, and the employee has
exhausted all of their available paid leave.
10.14.2 Process to Receive Donation (Requestor)
10.14.2.1 An employee requesting to receive donated leave, hereafter referred to as
requestor, must submit a request in writing to participate in the catastrophic
leave program to the director of human resources. The director of human
resources may require the requestor to provide verification to support the
catastrophic leave request.
10.14.2.2 The director of human resources will determine whether the requestor meets
the requirements for catastrophic leave and shall notify the requestor in writing
as soon as reasonably possible as to whether the request is approved or denied.
The notification shall include a timeline for implementation if the request is
approved or an explanation if the request is denied. The decision shall be
subject to periodic review.
10.14.2.3 Retroactive requests may be considered and any sick leave accrued while on
leave shall be used before donated leave.
10.14.3 Process for Donation (Donor)
10.14.3.1 The director of human resources will notify the Faculty Association President
when any District employee qualifies for catastrophic leave donations. The
Faculty Association will notify all bargaining unit members of the approved
requestor’s need for catastrophic leave donations. The director of human
resources will establish, at least, a two-week time period for donations to be
received that begins after notification of the request. This established time
period will be conveyed to the Faculty Association President at the time of
notification of the request.
10.14.3.2 An employee who would like to donate leave, hereafter referred to as donor,
may submit a donation of earned sick leave in one day increments to an
approved catastrophic leave requestor. Up to five (5) earned sick leave days
may be donated per fiscal year per requestor.
10.14.3.3 Donors making catastrophic leave donations must have at least five (5) sick
leave days remaining in their balance after the donation is deducted.
10.14.3.4 The District will track the order in which donations are offered and will utilize
donor offers in the order they are received (first come, first used). Donations
shall only be deducted from the donor if the leave is actually needed by the
requestor and is then irrevocable. All unused donor offers will not be deducted
from the donor.
10.15 Workload Exchange Leave
10.15.1 As set forth in this section, a full time faculty member may arrange to be absent from a
class or classes where the class or classes are covered by another district employed full-
time faculty member on an informal exchange basis.
10.15.2 A professional exchange may be allowed for either: conference attendance related to the
performance of the initiating faculty member’s instructional or service assignment; or
personal business. In addition, a workload exchange may be allowed for an emergency
or unforeseen situation that would result in the cancellation of a class (except for other
leaves as provided for by this section).
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10.15.3 A professional exchange does not affect the compensation of any of the participating
faculty members.
10.15.4 The faculty members who participate in a professional exchange must possess the
minimum qualifications for the subject area or subject areas that are exchanged. An
exchange is permissible for faculty who do not possess the minimum qualifications if the
exchange is strictly limited to proctoring an examination.
10.15.5 If the faculty member cannot find a full-time faculty member who meets the minimum
qualifications, they shall seek prior approval from the appropriate supervisor to request the
employment of a non-bargaining unit member who meets the minimum qualifications, if
cancellation of the section(s) is deemed detrimental to students.
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ARTICLE 11: HEALTH AND WELFARE
11.1 General Provisions
11.1.1 The District reserves the right to select a carrier to provide claims, administration, and
services described in this article. The District shall consult with the Association when
considering any changes in carrier and/or individual plans prior to implementation.
The Association will appoint three (3) representatives to the Allan Hancock College Staff
Benefit Committee. Decisions of this committee are not considered binding on the
Association.
11.1.2 The District in consultation with the Association shall determine the basis for
establishing equivalency in considering individual carrier plans.
11.1.3 The health and welfare benefits which are expressly provided by this article are the sole
health and welfare benefits which are part of this agreement and made available to
employees.
11.1.4 Except when authorized under Article 10.8.3.1 or elsewhere in this Agreement,
employees, serving less than full-time, shall have their district contribution prorated at the
same ratio that their yearly employment bears to full-time yearly employment. Employees
serving less than full time desiring coverage shall be required to complete a payroll
deduction form for the difference between the district contribution and the total premium
cost.
11.1.5 The District agrees to make available medical and dental insurance for each eligible
employee, spouse, domestic partner, and dependent children, as well as vision, life, and
income protection insurance for the employee only. Employees may secure more life
insurance than the district contribution covers, subject to insurance company approval, by
authorizing a salary deduction to cover the added premium cost.
11.1.6 Employees on an approved unpaid leave of absence of more than one pay period may
continue to participate in the district health/medical, vision, and dental programs subject
to the carrier’s rules and regulations by remitting in advance the total remaining cost of such
programs for the period of the unpaid leave.
11.2 Insurance Programs
11.2.1 Health/Medical Insurance
11.2.1.1 For each eligible employee and each verified dependent, the District will make a
monthly contribution for medical insurance through SISC or another carrier
selected by the District, effective October 1, 2004.
11.2.1.2 Except when authorized under Article 10.8.3.1 or elsewhere in this
Agreement, employees working partial assignments shall receive a prorated
district contribution based on the percentage of their assignment as provided in
Section 11.1.4.
11.2.1.3 Health/medical insurance coverage for the employee is mandatory except that
an employee who submits proof of duplicate coverage at a level equivalent to
the district plan may be excused from the plan.
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11.2.1.4 Cash-in-lieu: Unless otherwise prohibited by the policy carrier, the District shall
provide 25 percent of the district contribution as cash-in-lieu to those employees
who meet the criteria listed in 11.2.1.3 and opt out of the District’s medical
insurance plan. The contribution amount shall be based on single coverage for
the lowest available employee plan.
11.2.1.5 The District is not obligated to pay any increase in premium cost after
September 30, 2004. Any increase in cost shall be borne by the employee through
automatic payroll deduction. Any such deduction shall be the difference between
the new premium and the district contribution listed below. Prior to implementing
payroll deductions, the District will meet with employee groups to consider
possible alternatives, such as a different carrier, revisions to coverage, or
changes in deductibles. Effective October 1, 2014, the District will pay $340.00
per month for single coverage, $673.00 per month for two-party coverage, and
$953.00 per month for family coverage.
11.2.2 Dental Insurance
11.2.2.1 For each eligible employee and verified dependent, the District will provide
a monthly contribution for dental insurance through the district self-insurance
dental plan.
11.2.2.2 Except when authorized under Article 10.8.3.1 or elsewhere in this
Agreement, employees working partial assignments shall receive a prorated
district contribution based on the percentage of their assignment as provided in
Section 11.1.4.
11.2.2.3 Dental coverage for the employee is mandatory.
11.2.2.4 The District is not obligated to pay any increase in premium cost after June 30,
2004. Any increase in cost shall be borne by the employee through automatic
payroll deduction. Any such deduction shall be the premium increase, if any,
since July 1, 2003. Prior to implementing payroll deductions, the district will meet
with employee groups to consider possible alternatives, such as a different
carrier, revisions to coverage, or changes in deductibles. Effective October 1,
2014, the district will pay $47.00 per month for single coverage; $97.00 per
month for two-party coverage, and $139.00 per month for family coverage.
11.2.3 Life Insurance
(If the District no longer provides this insurance for other employee groups, the Faculty
Association agrees that this language will no longer apply.)
11.2.3.1 The District shall provide each eligible employee a paid life insurance with a
maximum benefit upon death of $6,000 including accidental death and
dismemberment and a paid decreasing term life insurance with accidental death
and dismemberment.
11.2.3.2 Except when authorized under Article 10.8.3.1 or elsewhere in this
Agreement, employees working partial assignments shall receive a prorated
district contribution based on the percentage of their assignment as provided in
Section 11.1.4.
11.2.3.3 Life insurance coverage for the employee is mandatory.
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11.2.4 Income Protection Insurance
(If the District no longer provides this insurance for other employee groups, the Faculty
Association agrees that this language will no longer apply.)
11.2.4.1 The District shall provide each eligible employee of the district with an
income protection plan.
11.2.4.2 Income protection insurance coverage for the employee is mandatory.
11.2.4.3 The District is not obligated to pay any increase in premium cost after the term
of this Agreement. Any increase in cost shall be borne by the employee
through automatic payroll deduction unless modified by a successor agreement.
Prior to implementing payroll deductions, the District will meet with employee
groups to consider possible alternatives, such as a different carrier or revisions to
coverage.
11.3 Medical Insurance for Retirees
11.3.1 Employees hired before July 1, 1993 shall be eligible for medical insurance coverage as
provided for in Allan Hancock College Board Policy 7380 Retirement Benefit Policy. Board
Policy 7380 is incorporated into and made a part of this Agreement.
11.3.2 For employees hired on or after July 1, 1993, but prior to July 1, 1997, the District will
maintain coverage at the same dollar level as for active bargaining unit members for a
retiree under the medical insurance plans upon STRS retirement as evidenced by the
receipt of monthly retirement payments from the State TeachersRetirement System
provided the unit member is at least 55 years of age but less than 65 and has been a
regular employee of the district for twenty (20) or more consecutive years of service.
Upon reaching age 65, the employee shall no longer be eligible for district-paid medical
benefits.
11.3.3 For employees hired on or after July 1, 1997 the District will maintain coverage at the
same dollar level as for active employees for a retiree under the medical insurance
plans upon STRS retirement as evidenced by the receipt of monthly retirement
payments from the State Teachers’ Retirement System provided the employee is at least
58 years of age but less than 67 or meeting federal Medicare eligibility, whichever comes
first, and has been a regular employee of the district for twenty (20) or more consecutive
years of service. Upon reaching age 67 or meeting federal Medicare eligibility,
whichever comes first, the employee shall no longer be eligible for district-paid medical
benefits.
11.3.4 For employees retiring after July 1, 2014, the District will contribute an amount equal to
that paid toward the medical insurance premium for spousal or domestic partner coverage
on the district medical insurance plan as provided to spouses/domestic partners of active
full-time faculty employees per the following limitation:
Coverage for spouse/domestic partner is limited to one year for each year of
marriage/domestic partner registration to the employee at time of employee’s
retirement to a maximum of 15 years, or spouse’s/domestic partner’s age 65 or
meeting federal Medicare eligibility, whichever comes first.
Retirees may purchase spousal or domestic partner coverage when coverage is not
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available under the terms of this subsection.
11.4 Parking Permit
The District shall provide each member of the bargaining unit with two (2) portable parking
permits. The parking permits may be used with multiple vehicles for employee use only. The
permits may be used in staff or general parking areas.
11.5 Indemnity
In accordance with provisions of Government Code sections 825 and 995, the District shall
defend a bargaining unit member from any and all demands, claims, suits, actions and legal
proceedings brought against the bargaining unit member in the bargaining unit member’s
individual capacity, or official capacity, as an agent and employee of the District, provided that the
incident giving rise to any such demand, claim, suit, action, or legal proceeding arose while the
bargaining unit member was acting within the scope of employment.
11.6 Facility Use by Employees
Employees shall have access to, and use of, the District’s physical fitness lab, swimming pool
and shower and locker room facilities without charge at times when the same are in use, as long
as the employee’s presence does not interfere with instruction or operations of the facility and
as long as the employee is using the facility and equipment in a safe and sensible manner.
11.7 Vision Insurance: For each eligible employee, the District shall provide a monthly contribution
for vision insurance through the District vision plan.
11.7.1 The District will pay a premium cost up to $5.67 per month for single coverage. The
District is not obligated to pay any increase in the premium cost. Any increase in cost
shall be borne by the bargaining unit employee through payroll deduction.
11.7.2 Vision insurance for the bargaining unit employee is mandatory unless an employee
submits proof of coverage elsewhere.
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ARTICLE 12: PERSONNEL RECORDS
12.1 In compliance with Education Code Section 87031 and Labor Code 1198.5, the official
personnel file for each employee shall be maintained in the District’s office of human resources.
12.2 Materials in an employee’s personnel file, except as noted below, shall be made available as soon
as possible, but not more than five (5) business days, for inspection by the employee involved after
reasonable notification to the office of human resources. Material which may be excluded from
inspection shall be limited to ratings, reports, or records which
12.2.1 Were obtained prior to the employment of the employee involved.
12.2.2 Were prepared by examination committee members.
12.2.3 Were obtained in connection with an examination for promotion or any other materials
excluded by federal or state law.
To ensure the confidentiality of all employee records, employees shall read and sign the
“Request to Inspect Confidential Personnel Records” form provided by the office of human
resources. Employees may receive without charge one copy of any document in the official
personnel file which has not been supplied previously to the employee. The law requires the
following procedures:
Personnel file review is supervised by a human resources staff member.
Removal, alteration, or change of documents are prohibited for documents contained in
employee personnel files.
Addition of information to personnel files is possible only with approval of the director of
human resources.
Other persons authorized by the employee to inspect the employee’s personnel file may be
permitted only when accompanied by the employee or with written permission of the employee.
(The written permission statement must be attached to the request form and retained in the
employee’s personnel file).
12.3 Employees shall be provided with copies of any derogatory written material ten (10) business
days before it is placed in the employee’s official personnel file. The employee shall be asked
to sign a copy of such material as proof that they received the material. An employee is entitled to
respond to derogatory material within ten (10) business days. The written response shall be
attached to the material.
12.4 All personnel files shall be kept in confidence and shall be available for inspection only to other
authorized employees of the District and the Board of Trustees when actually necessary in the
proper administration of the District’s affairs or the supervision of the employee. With the
exception of those responsible for maintaining the official file, the District shall keep a log of
the persons who have examined a personnel file or who have requested information contained in
a personnel file as well as the date such examinations or requests were made. Such log and the
employee’s personnel file shall be available for examination by the employee or an
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Association representative if authorized in writing by the employee. The log shall be maintained in
the employee’s personnel file.
12.5 Any materials placed in the personnel file shall contain the date on which such material was
originated and the name of the person who originated the document. Any written materials placed
in the personnel file shall indicate the date of such placement.
12.6 Worksite and Office Privacy
Bargaining unit members have a responsibility to provide instruction and services to students and
as such, are required to maintain private and confidential information in accordance with Board
Policy 3730 Privacy Protection.
No one may enter an individual faculty member's office, or search an individual faculty member's
office, locker, or other assigned storage space except when the faculty member is present, or has
provided consent.
Exceptions to the procedure for entry may be made for routine building maintenance, space
planning, and building emergencies or for the retrieval of joint work or routine documents where
the faculty member is not readily available to grant permission and there exists a strong
presumption of their likely approval of the purpose of the entry.
Except in compelling circumstances, or under time dependent, critical operational circumstances,
or emergency circumstances, such actions must be authorized in advance by the
superintendent/president or the responsible associate superintendent/vice president.
Authorization shall be limited to action no broader than necessary to resolve the situation.
Exceptions to the procedure may also be made when there exists a valid search warrant.
Appendix and form removed from the article.
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ARTICLE
13:
SABBATICAL LEAVE AND ACADEMIC
RANK
13.1 Sabbatical Leave
13.1.1 Eligibility: Applicants for sabbatical leave must have rendered full-time service in the
district for at least six (6) consecutive academic years, or the full-time equivalent of six
years if hired for less than full-time service, immediately preceding the sabbatical leave. Not
more than one such leave shall be granted in each six-year period or full-time equivalent.
However, if an employee requests and receives a leave without pay, credit for service prior to
the leave may be counted toward the six consecutive academic years (with a limit of two (2)
years counted prior to the leave), provided the employee returns and completes at least an
additional four (4) years of full-time service immediately preceding the sabbatical leave.
The year(s) of unpaid leave will not count toward the required six years of full-time
service. The appropriate vice president will give the employee a written explanation, prior
to the leave, of the effect of this article upon their sabbatical eligibility status.
The amount of potential service time remaining after the required service time as defined in
Section 13.1.5 of this article shall not be used as a criterion for recommending a proposal.
13.1.2 Duration of Leave: A sabbatical leave may be granted for a period of not less than one
(1) full semester nor more than one (1) full year in each six (6) consecutive year period of
service. A semester leave shall fall within the semester dates indicated on the district
calendar. A one-semester leave shall constitute a full sabbatical.
13.1.3 Number of Leaves: The District shall provide funding for three (3) approved sabbatical leaves
per academic year. Funding for additional sabbatical leaves may be granted by the
superintendent/president.
13.1.4 Compensation and Conditions:
a. An employee on a one-semester sabbatical leave shall receive 100 percent of the
salary which would have been received had the employee remained in active service.
An employee on a one-year sabbatical leave shall receive 50 percent of the salary
which would have been received had the employee remained in full service. There shall
be no reduction in employee benefits during the term of an employees sabbatical leave.
b. Employees on sabbatical leave are not required to serve on District-wide committees.
The employee on sabbatical leave may vote in department and District-wide elections
and run for offices for which they are eligible.
c. Employees on sabbatical leave shall be considered in work status and shall receive all
benefits provided by the District in the same manner as if they were not on sabbatical
leave.
d. Employees on sabbatical leave shall be entitled to accrue sick leave, service credit,
step advancement, and seniority credit.
The appropriate vice president shall determine the appropriate replacement for an employee
granted a sabbatical leave.
Employees granted sabbatical leave shall not perform additional professional services for
the district. During the sabbatical leave, an employee shall not be employed by any
other employer unless the employee had been so employed in the semester immediately
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preceding the sabbatical leave. An exception to this shall be made in the case of approved
sabbatical-related employment. The total compensation an employee on leave could
receive from both the district and from non-district approved sabbatical-related
employment shall not exceed the amount of the contract salary the employee would receive
on active duty in the district except where the employee can show extraordinary need such
as higher cost of living.
The District will not furnish equipment or materials, pay travel costs, or provide additional
compensation during the period of sabbatical leave. Exceptions shall be considered only
upon the recommendation of the superintendent/president.
13.1.5 Return to Service: Every employee, as a condition to being granted a sabbatical leave
pursuant to Education Code Section 87767, shall agree in writing to render a period of full-
time service in the employ of the governing board of the district equal to twice the period
of the leave.
13.1.6 Failure to Perform: Failure to complete the activities and objective(s) in the approved
sabbatical proposal, or other requirements as set forth by Academic Senate and any
applicable Board policies, shall result in reimbursement to the district of the total
backfill/replacement costs during the period of the leave. In addition, there will be no
advancement on the salary schedule for the time on leave.
13.2 Instructional and Service Improvement Leave: refer to Article 18.16 (Load Balancing)
13.3 Academic Ranks for Full-time Faculty
The District will award academic rank to recognize teaching excellence, professional achievement,
and district service.
13.3.1 The awarding of academic rank shall not result in any change in the salary schedule or in
the position which the faculty member occupies on the salary schedule.
13.3.2 Designations
A. Professor: Full-time faculty who have been tenured for five (5) years shall have the
rank of Professor.
B. Associate Professor: Full-time faculty who have achieved tenure shall have the rank
of Associate Professor.
C. Assistant Professor: Full-time faculty hired in probationary status shall have the rank
of Assistant Professor.
13.3.3 Designations for Service Faculty (Optional)
Service faculty may select to receive the following rank in lieu of the rank designation
listed in 13.3.2
A. Senior: Full-time service faculty who have been tenured for five (5) years shall have
the rank of Senior preceding their title.
B. Approved titles for service faculty include librarian, counselor, academic specialist,
and health service faculty (nurse).
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ARTICLE 14: COMPENSATION
14.1 Salaries
14.1.1 Effective Fall 2018, the Faculty Contract Salary Schedule, the Children’s Center Faculty
Salary Schedule, and all other Salary Schedules shall be adjusted in the following
manner:
During the 2018-19 fiscal year, an increase of 3.6% across all salary schedules.
During the 2019-20 fiscal year, an increase of 2% (0.5% of which is medical
insurance increase offset) across all salary schedules.
During the 2020-21 fiscal year, an increase of 1.6% (0.5% of which is medical
insurance increase offset) across all salary schedules.
14.1.1.1 Employees who have reached the last step on the salary schedule shall receive
a 1.0% longevity increase each year thereafter to a maximum of ten (10) years.
14.1.2 Overload, Summer, Intercession, and Substitute Instructional Assignment Compensation
14.1.2.1 Pursuant to the terms in Articles 16 and 18, overload teaching assignments and
teaching assignments during summer session, intersession, or as a substitute
(prorated at the team taught rate) shall be paid using the Overload and Extra
Assignment Salary Schedules in the appendix by multiplying the number of
hours for the assignment by the employee’s hourly rate based on step, column,
and assignment type.
As specified in Article 18, full-time load is defined as .970 FTE through 1.023
FTE. An employee is considered to have an overload for pay if the load
exceeds 1.023 FTE. If the employee has an overload, compensation shall
be paid for the amount of load that exceeds 1.000 FTE.
14.1.3 Extra/Fewer Contract Days Compensation
This section applies when compensating employees for fewer or additional contract days
within their primary assignment.
14.1.3.1 Salary levels are based on a yearly 175-day, full-time assignment. Employees
serving less than full time, or fewer than 175 days, or more than full-time or more
than 175 of their contract days, shall have their annual salary prorated at the
same ratio that their yearly employment bears to full-time yearly employment by
using the following formula:
Salary Schedule Rate divided by 175 = Daily Rate (for all contract days)
Daily Rate x Contract Days = Base Annual Salary
Base Annual Salary + Longevity = Compensation
14.1.3.2 Base Annual Salary is defined as the employee's placement on the appropriate
Salary Schedule (in the appendix) which specifies the salary for 175-day annual
contracts.
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14.1.3.3 Subsections 14.1.3.1 and 14.1.3.2 do not apply to employees working partial
days including but not limited to overload, extra assignment, or
summer/intersession.
14.1.4 Payroll Notices
The District shall provide each employee with clearly understandable monthly pay notices
for each pay period. The notices shall list the pay rate for each assignment, the total
compensation received for each assignment, the total gross compensation and itemize all
deductions.
Unless otherwise requested by the employee, the payroll notice shall be provided to the
employee no later than 30 calendar days from the time of the pay distribution.
14.1.5 Reduced Load Compensation
14.1.5.1 Employees approved for a reduced load as defined in Article 18 of this
agreement, shall have their compensation prorated based on the percentage of
load relative to the daily rate of a full-time load per Article 14.1.3.
14.2 Salary Schedules:
Employees shall be paid in accordance with the salary schedules applicable to their assignment
available in the appendix and online. The following salary schedules shall apply to the
designated groups of employees.
14.2.1 Faculty Contract Salary Schedule: All regular, contract, and full-time temporary
instructional and service faculty employees shall be paid in accordance with the provisions
of one or more of the following salary schedules:
a) Faculty Contract Salary Schedule (SS#10)
b) Faculty Contract Salary Schedule 40 Hour Work Week (SS#11)
c) Overload Salary Schedule
d) Lecture (SS#17)
e) Lab I (SS#18)
f) Lab II (SS#19)
g) Lab III/Activity (SS#20)
14.2.2 Children’s Center Faculty Salary Schedule: All regular, contract, faculty employees
responsible for the care and teaching of pre-school children shall be paid in accordance
with the provisions of one or more of the following salary schedules.
a) Children’s Center Salary Schedule (SS#60)
b) Children’s Center Salary Schedule 40 Hour Work Week (SS#61)
c) Overload Salary Schedule
d) Lecture (SS#17)
e) Lab I (SS#18)
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f) Lab II (SS#19)
g) Lab III/Activity (SS#20)
14.3 Initial Salary Placement on Salary Schedules
14.3.1 It shall be the responsibility of the faculty member at the time of initial date of hire by the
college to present an official and complete transcript of all units successfully
completed. It shall also be the responsibility of the faculty member at the time of the initial
date of hire to present verification of experience if appropriate and required. Salary schedule
placements shall be based upon degrees, semester units, and/or experience presented at
that time and shall be final. All documents are subject to approval by the District.
The faculty member will be notified by the office of human resources of their initial salary
placements. If all appropriate documentation for salary placements has been submitted
and the faculty member believes their initial salary placements are in error, it is the faculty
member’s responsibility to notify the office of human resources within fourteen (14)
calendar days of notification to request a reevaluation of salary placements. Failure to
notify shall cause salary placements to be final for the entire semester or summer session
of service.
Quarter units are multiplied by 2/3 to determine semester unit equivalent.
Semester units credited for salary placements must be with a grade of “C” or better or
pass/credit.
14.3.2 Initial Column Placement (Faculty Contract Salary Schedules 10 and 11)
Column I (a) An appropriate and valid California community college life credential.
Colum II (a) Master’s degree from an accredited institution.
(b) Bachelor’s degree plus 30 semester units after issuance of bachelor’s
degree from an accredited institution PLUS an appropriate certification to
practice or licensure if available OR an appropriate and valid California
community college life credential.
(c) Associate degree from an accredited institution plus 6 years
professional experience and appropriate certification to practice or
licensure if available.
Column III (a) Master’s degree plus 18 semester units after issuance of master’s
degree from an accredited institution.
(b) Bachelor’s degree plus 60 semester units after issuance of bachelor’s
degree from an accredited institution PLUS 2 years professional
experience and appropriate certification to practice or licensure if available
OR an appropriate and valid California community college life credential.
Column IV (a) Master’s degree plus 36 semester units after issuance of master’s
degree from an accredited institution.
(b) Bachelor’s degree plus 90 semester units after issuance of bachelor’s
degree from an accredited institution PLUS 2 years professional
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experience and appropriate certification to practice or licensure if available
OR an appropriate and valid California community college life credential.
Column V (a) Doctoral degree from an accredited institution.
14.3.3 Initial Column Placement (Children’s Center Faculty Salary Schedules 60 and 61)
Column I (a) A provisional instructional permit.
(b) A regular children’s center permit but with less than a bachelor’s
degree.
Column II (a) Bachelor’s degree.
(b) Instructional permit issued on a postponement of requirements.
Column III (a) Bachelor’s degree and regular instructional permit issued for children’s
center.
14.3.4 Initial Column Placement (Overload/Extra Assignment Salary Schedules 17, 18, 19, 20)
Column I (a) An appropriate and valid California community college life credential
and who cannot qualify at a higher column level.
Column II (a) Associate degree from an accredited institution and 6 years
professional experience and appropriate certification to practice or
licensure if available.
(b) Associate degree or high school diploma plus 30 semester units from
an accredited institution of higher education and appropriate and valid
California community college life credential in a specific vocational subject
matter.
Column III (a) Bachelor’s degree from an accredited institution and 2 years
professional experience and appropriate certification to practice or
licensure if available.
(b) Bachelor’s degree from an accredited institution and appropriate and
valid California community college life credential in a specific vocational
subject matter.
Column IV (a) Master’s degree from an accredited institution.
(b) Bachelor’s degree plus 30 semester units after issuance of bachelor’s
degree from an accredited institution plus 2 years professional experience
and appropriate certification to practice or licensure if available OR an
appropriate and valid California community college life credential in a
specific vocational subject matter.
Column V (a) Master’s degree plus 18 semester units after issuance of master’s
degree from an accredited institution.
(b) Bachelor’s degree plus 60 semester units after issuance of bachelor’s
degree from an accredited institution plus 2 years professional experience
and appropriate certification to practice or licensure if available OR an
appropriate and valid California community college life credential in a
specific vocational subject matter.
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Column VI (a) Master’s degree plus 36 semester units after issuance of master’s
degree from an accredited institution.
(b) Bachelor’s degree plus 90 semester units after issuance of bachelor’s
degree from an accredited institution plus 2 years professional experience
and appropriate certification to practice or licensure if available OR an
appropriate and valid California community college life credential in a
specific vocational subject matter.
Column VII (a) Doctoral degree from an accredited institution.
14.3.5 Initial Step Placement on Faculty Contract Salary Schedules (10, 11, 60, 61)
Step placement shall be based on faculty experience at an accredited education institution
or applicable work experience directly related to the primary assignment at the time of
initial date of hire. Such experience shall not exceed seven years; therefore, the highest
placement on the salary schedule shall ordinarily be step 5. However, consideration of
initial placement at step 6 will be given to a candidate who has received tenure at another
accredited college or university.
14.3.5.1 Occupational experience directly related to the employee’s primary assignment in
the district will be accredited as follows: for each two (2) years of previous full-time
related occupational experience, one (1) step advancement will be granted. The
experience must be beyond the occupational experience needed to satisfy
minimum qualification requirements.
14.3.5.2 Employees hired as a contract regular employee shall receive one step
advancement for each year of full-time experience related to the primary
assignment.
14.3.5.3 Employees with no previous experience will be placed at step 1.
14.3.5.4 Exclusions: Credit for previous experience for placement purposes shall not be
granted for the following:
a) Experience as a teaching, counseling, or laboratory assistant
b) Work experience necessary to meet minimum qualifications
14.3.6 All new faculty are placed on step 1 of the Overload/Extra Assignment Salary
Schedules (SS 17, 18, 19, 20).
14.4 Step Advancement, Salary Schedules
14.4.1 Bargaining unit members, on Faculty Contract Salary Schedules (10, 11, 60, 61), shall
receive one step advancement within the appropriate column upon satisfactory
completion, the preceding year, of two full-time semesters of required service including
days of paid leave until step 21 has been reached. Thereafter, employees shall receive
longevity increases for ten years.
14.4.2 Bargaining unit members on Overload/Extra Assignment Salary Schedules (17, 18,
19, 20) shall receive one step advancement on the Overload Salary Schedules upon
satisfactory completion of three years of required service including days of paid leave.
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14.5 Column Advancement, Salary Schedules
14.5.1 Employees who take course work related to their primary assignment from an
accredited college or university at the upper division or graduate level will be advanced
into the appropriate column without prior district approval. The request for advancement
should be submitted directly to the office of human resources.
14.5.2 All course work taken by employees for advancement into the appropriate column which is
lower division or outside of the employee’s primary assignment must be approved in
writing in advance of enrollment by the associate superintendent/vice president,
academic affairs, or the associate superintendent/vice president, student services. It
must be demonstrated that a lower level course or course work outside of the employee’s
authorized primary assignment will significantly contribute to the improvement of the
quality of instruction or service.
14.5.3 Any course work under staff development/flex day activities does not count toward column
advancement.
14.5.4 In all instances, it is assumed that courses offered for advancement are part of a
program calculated to improve the effectiveness of the employee.
14.5.5 It is the responsibility of the employee to notify the director, human resources, in writing
when they have met requirements to move to a higher pay column. Verification, official
transcripts, and, when appropriate, written authorization from the appropriate vice
president must be submitted prior to the beginning of the semester in which the change
is requested.
14.6 Stipends-Regular
14.6.1 Coaching Stipend
14.6.1.1 Effective July 1, 2013 full-time faculty members with coaching assignments shall
receive a stipend in the amount of $7,000 for years 1-4, $8,000 for years 5-8, and
$9,000 for year 9 and beyond, paid in monthly installments over 10 months.
14.6.1.2 Granting of stipends does not obligate the District to maintain coaching positions
in the future or obligate the District to negotiate the maintenance of such positions
with the Association.
14.6.2 Class Size Stipend
Minimum of 60 students maximum of 69 students $300 per unit of credit provided as a
stipend or applied to the cost of a reader.
Minimum of 70 students maximum of 79 students $355 per unit of credit provided as a
stipend or applied to the cost of a reader.
Minimum of 80 students maximum of 89 students $410 per unit of credit provided as a
stipend or applied to the cost of a reader.
Minimum of 90 students maximum of 99 students $464 per unit of credit provided as a
stipend or applied to the cost of a reader.
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Minimum of 100 students maximum of 109 students $519 per unit of credit as a stipend or
applied to the cost of a reader.
Minimum of 110 students maximum of 119 students $573 per unit of credit as a stipend or
applied to the cost of a reader.
Minimum of 120 students maximum of 129 students $628 per unit of credit as a stipend or
applied to the cost of a reader.
Article 14.6.2 will be reopened upon completion of the work detailed in Article 18.13 with the
intention of converting compensation for large class size to a factor of load.
14.7 Stipends Short-Term
14.7.1 The District may establish an annual general fund stipend budget in addition to categorical
funds. Short-term stipends may be offered to employees for individual projects and/or
assignments, which are not part of the regular assignment for the employee, under the
following conditions:
The work does not interfere with the bargaining unit members ability to complete
their normal contractual assignments.
The supervising administrator and faculty member agree on the total time to
complete the task and the work to be performed.
The Short Term Assignment form must be completed and signed by all parties
prior to any work being performed. The form shall indicate the total time required to
complete the work as well as the total pay.
Regardless of funding source, the hourly rate of pay for work on stipends shall be $50 per
hour.
14.7.2 Short-term stipend assignments are voluntary and may be rejected by employees. If
employees agree to the short-term assignment and stipend, they are obligated to the
terms and conditions of the assignment as listed on the Short Term Assignment form.
14.7.3 Either the District or the employee may withdraw from the assignment with 30-days
advance notice (pay period). Any work completed or incomplete at the time of withdrawl
shall be the property of the District. The employee shall be entitled to any payment for the
period of time completed.
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ARTICLE 15: FACULTY SERVICE AREAS, DISCIPLINES, AND REDUCTION IN FORCE
Definitions:
Assignment Areas: Instructional Faculty, Service Faculty, and Children’s Center Faculty.
Date of Hire: Effective date hired in a position recognized by Article 2 of this agreement, as
approved by the Board of Trustees and published in the applicable board meeting agenda item.
Employees hired with the same effective date shall participate in a single drawing to determine the
order of employment.
Discipline(s) Assignment: Discipline assignments shall be determined by the District utilizing the
Allan Hancock College Disciplines List of minimum qualifications developed and maintained by
the Allan Hancock College Academic Senate.
Employment Status: Full-time probationary (tenure track), regular (tenured), temporary full time.
Faculty Service Area (FSA): Faculty Service Areas are only established to serve as the basis for
making decisions in the event of a layoff or reduction in force (RIF) pursuant to Ed Code Section
87743.2.
Primary Assignment: The assignment for which an employee is hired, transferred or promoted to
and classified within and which makes up the employee’s regular full-time load.
15.1 Assignment:
15.1.1 Assignment: Upon date of hire, the District shall provide the employee with a letter
indicating the employee’s assignment and inform the employee that their employment is
subject to the terms of the Faculty Association collective bargaining agreement. The District
shall assign employees, based on their qualifications and District need the letter shall
include:
1. Effective date of hire; and
2. One or more disciplines from the Disciplines List except for faculty placed on Salary
Schedule 60 (SS#60); and
3. A primary assignment area of either instructional, service, or Children’s Center faculty;
and
4. The appropriate faculty service area (FSA) for their assignment(s); and
5. An employment status of either probationary (tenure track), regular (tenured) or
temporary full time; and
6. Initial salary schedule placement and overload schedule placement.
15.1.2 An employee who disagrees with the assignment letter information may contact the office
of human resources within 30 calendar days following receipt of the letter. If the
disagreement continues, a grievance may be filed according to provisions in Article 6 of this
agreement.
15.1.3 The office of human resources shall record in the employee’s personnel file a copy of
the assignment letter.
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15.2 Faculty Service Areas:
15.2.1 In accordance with Education Code Section 87743.2, every employee shall be assigned to
one of the following Faculty Service Areas (FSA) based on employment status.
15.2.1.1 Full-time Faculty Service Area shall include full-time probationary (tenure track)
and regular (tenured) instructional and service faculty as defined in Article 16 of
this agreement.
15.2.1.2 Temporary Faculty Service Area shall include temporary full-time faculty as
defined in Article 2 of this agreement.
15.2.2 Faculty Service Area Order of Employment List:
15.2.2.1 Pursuant to Education Code 87413 et seq, the District shall maintain an order of
employment list within each Faculty Service Area and shall provide a copy of the
list to the Faculty Association upon request. The list shall include employees’
names, the date of hire, and order of employment for each employee.
15.3 Discipline Assignments:
15.3.1 Upon the effective date of hire, employees shall be assigned to one or more disciplines
based on minimum qualifications or equivalency in the discipline(s) in which they are
assigned with the exception of faculty paid on Salary Schedule 60 (SS#60). Assigned
disciplines will be reviewed and approved by the appropriate vice president and placed in
the employee’s personnel file.
15.3.2 An employee may request to add disciplines for which the employee is qualified. The
request to add a discipline shall be made in writing to the employee’s appropriate vice
president. The request shall include supporting rationale and documentation to indicate
the employee meets the minimum qualifications or equivalent and demonstrates District
need.
15.4 Reductions in Force (RIF):
Whenever the Board of Trustees determines that a reduction in the faculty may be required, such
reduction shall be in accordance with Education Code Section 87743, et seq. of the Education
Code including seniority definitions in the Education Code Section 87413, et seq.
15.4.1 At least thirty (30) calendar days prior to any reduction in force action, the District shall
provide the Faculty Association the opportunity to propose alternative methods of
savings to avoid layoffs.
15.4.2 Employees in layoff status are eligible for the rights of terminated employees as set forth
in Education Code Sections 87740, et seq.
15.4.3 When there is declining enrollment or shifting enrollment patterns, or when the District
imposes a Reduction in Force action, the following retraining options, to meet identified
District needs, shall be made available to employees, in addition to any rights or
provisions listed in California law or as specified elsewhere in this Agreement:
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15.4.3.1 Sabbatical leave as described in Article 13.
15.4.3.2 Leave of absence as described in Article 10.
15.4.3.3 Reduced workload as described in Article 10 and Article 18.
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ARTICLE 16: ASSIGNMENT AND CONTRACT YEAR
16.1 Definitions
“Supervisor," unless otherwise specified in this Agreement, the District administrator assigned to
supervise the bargaining unit member (faculty coordinators and department chairs are not
administrators).
“Vice President," unless otherwise specified in this Agreement, the vice president who oversees
the bargaining unit member.
“Assignment Year” is the number of days in the employee’s contract year.
“Primary Assignment” is the assignment for which an employee is hired, transferred to and
classified within and which makes up the employee’s regular full–time load. There are two
primary assignment areas: instructional faculty and service faculty.
“Overload Assignment” is a voluntary assignment in addition to the employee’s regular full-time
load.
“Fiscal Year” is from July 1 through June 30.
“Academic Year” shall consist of the fall and spring semesters beginning with two (2) professional
development days on the Thursday and Friday immediately prior to the first day of instruction for
each semester.
“Service Year” shall consist of the academic calendar within the fall and spring semester and
include the two (2) weeks immediately prior to the first day of instruction for each semester. The
service year shall allow for up to ten (10) exchange days to be approved by the supervisor (See
Article 16.3.4).
“Exchange Day” is one (1) of up to ten (10) days which may be scheduled to times outside the
service year. Exchange days may only be scheduled in a five (5) day, one (1) week block (See
Article 16.3.4), and completed in compliance with Article 16.4.3.
“Client" is a broad spectrum of persons who use the professional services of a bargaining unit
member.
“Holidays” are those days recognized by the District and identified for college closure. Holidays
will count as contract days for employees scheduled to work during the week in which the
holiday(s) occurs.
“Instruction" is providing credit or non-credit lecture and/or lab student based instruction in the
classroom, lab setting, field site, distance learning, or any combination of the aforementioned.
“Load” see Article 18 definitions.
“Non-Instructional Assignment” is a non-instructional administrative assignment other than those
designated as service faculty and which carries responsibility for oversight of programs or
activities. Examples of non-instructional assignments are faculty coordinators, directors, and
department chairs and others with similar duties.
“Preparation Time" is time spent preparing for or as part of an assignment. Preparation includes
planning, grading, organizing, exam development, scoring, gathering course information and
materials, developing handouts, developing student or client evaluations and plans, preparation
of the learning environment, preparing for student activities, and the reviewing and evaluating of
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student or client work and records.
“College Service” refers to professional activities and services such as program development and
annual reviews, professional development activities, committee assignments, the accreditation
process, curriculum development, student advisement (instructional faculty), District related
meetings, peer evaluation review, part-time faculty evaluations, registration activities, outreach
activities including promoting college programs and activities, when not part of the primary
assignment, reading and responding to District related mail and correspondence, consulting with
colleagues, and/or other activities as approved by the supervisor.
“Instructional Faculty" are bargaining unit members with a primary assignment consisting of
instruction. Instructional faculty shall include Children’s Center faculty except when specifically
otherwise described.
“Service Faculty" are bargaining unit members with primary assignments serving students and
clients. Service faculty includes counselors, librarians, health service faculty, and academic
specialists.
“Children’s Center Faculty" are bargaining unit members with a primary assignment consisting of
teaching in the children's center and who are paid on the Children’s Center Salary Schedules
(SS#60 and 61).
“Office Hour" for instructional faculty is time dedicated to being available for student contact and
communication. For Children’s Center faculty it is time dedicated to being available for parent
contact, meeting with colleagues and community partners, and email communications. For
service faculty it is time dedicated to being available for professional contacts and communication
with community colleagues such as high school counselors, instructors, administrators, social
service agency representatives, college and university personnel, and other student success
professionals.
“Travel” as used in this article means travel required and/or approved by the District as a
condition of an employee’s assignment or conditions of employment. It includes travel between
centers, travel to off-site locations for workshops, conferences, outreach, field trips, and other
approved activities. It does not include commute travel between an employee’s residence and
District worksite.
“Extra Contract Day” is a day in addition to an employee’s contracted assignment year and is
directly related to the employee’s primary assignment.
“Reduced Load” is a reduction in workweek hours or daily hours.
“Reduced Assignment Year” is a reduction in workdays within the assignment year.
“Workday” is between the hours of 8:00 A.M. and 6:00 P.M.
“Workweek” is Monday through Friday.
“Seniority” is established by the effective date approved in the discipline in a position recognized
by Article 2 of this agreement. Employees approved with the same effective date shall participate
in a single drawing to determine the order of seniority.
“Service Hours” are time spent by service faculty in performing their professional duties to support
student success and development and include interacting with students face-to-face as well as
other modalities.
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16.2 Assignment
16.2.1 The vice president shall determine the primary assignment of the bargaining unit
member by discipline or service area per Article 15.
16.2.2 The supervisor, with input from the department chair and faculty member, shall make the
employee’s regular load and overload semester assignment(s). The employee’s
assignment(s) may include working at the Santa Maria Campus and off-campus centers or
sites. The assignment(s) may include day and/or evening and weekend assignments per
District need.
16.2.2.1 Bargaining unit members shall be given first consideration of assignments. If two
(2) or more bargaining unit members desire the same assignment, the bargaining
unit member with the most seniority within the discipline as a fulltime faculty
member in the District will be given priority.
16.2.2.2 Assignments on Saturday and/or Sunday will be by voluntary agreement of the
employee unless the District determines that such assignment is necessary to
achieve 1.0 FTL.
16.2.2.3 If the faculty member disagrees with the assignment(s), the faculty member may
discuss the issue with the vice president. The vice president's decision shall be
final, providing their decision is not arbitrary or capricious and takes into
consideration the schedule of the faculty member as well as the needs of students
and the District.
16.3 Regular Contract Year
The regular contract year consists of one hundred seventy-five (175) days:
A. The equivalent of one hundred sixty-nine days of instruction or service; plus
B. Six (6) days’ worth (36 hours) of professional development activities, consisting of:
1. Two (2) all staff days (on the Thursday or Friday immediately prior to the first day of
instruction for each semester) at six hours each; plus
2. Two (2) days of District-designated activities (on the Thursday or Friday immediately prior
to the first day of instruction for each semester) at six (6) hours each which may include
curriculum development, student learning outcomes development, program development,
departmental meetings, special projects including grants or partnerships, health and/or
safety related trainings, or any other regular faculty obligation to the District; plus
3. Twelve (12) hours of professional development activities, selected by the employee and
may be conducted at any time during the fiscal year. During the first year of employment,
this responsibility shall include District provided orientation sessions.
4. When faculty are on a reduced load, sabbatical, or other leave status their professional
development responsibility will be prorated accordingly.
5. By the end of the third (3
rd
) week of the fall semester, bargaining unit members will
submit a tentative professional development plan to their supervisor for approval.
Changes can be made at any time during the academic year and a final validation of
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completed activities shall be submitted to the supervisor’s office no later than the
fourteenth (14
th
) week of the spring semester.
6. Activities completed between the end of the spring semester and June 30
th
can be
counted to the prior year’s professional development plan. Activities completed between
July 1
st
and the beginning of the fall semester will be counted in the next year’s plan.
7. College Service over and above the required hours per week as provided in Articles 16
and 18 may be used towards the professional development obligation.
16.3.1 An annual contract of 175 days shall be equivalent to 10 months or, 35 weeks; an annual
contract of 198 days shall be equivalent to 11 months or, 40 weeks; and an annual
contract of 220 days shall be equivalent to 12 months or, 44 weeks.
16.3.2 Left Blank Intentionally
16.3.3 Instructional Faculty
For 175 day, 10 month instructional faculty, the annual contract year shall be from the
beginning of professional development days in the fall through commencement in the
spring.
For 198 day, 11 month instructional faculty, the annual contract year may specify which
month shall be a non-contract unpaid month, or the 198 days may be spread over a 12
month period (11 over 12).
For 220 day, 12 month instructional faculty, the annual contract year shall be from July 1
through June 30.
During the annual contract year, employees shall consider employment with Allan
Hancock College to be primary.
16.3.4 Service Faculty
For 175 day, 10 month service faculty, the annual contract year shall consist of the
academic calendar within the fall and spring semesters and include the two (2) weeks
immediately prior to the first day of instruction for each semester which is defined as the
Service Year.
For 198 day, 11 month service faculty, the annual contract year may specify which month
shall be a non-contract unpaid month (June or July), or the 198 days may be spread over
a 12 month period (11 over 12).
For 220 day, 12 month service faculty, the annual contract year shall be from July 1
through June 30.
During the annual contract year, employees shall consider employment with Allan
Hancock College to be primary.
In accordance with Article 16.2.2, the District will determine scheduling needs for the
service year. Service faculty may choose a schedule based on seniority.
Whenever the workweek assignment is less than 37 hours, the responsibilities outlined in
Article 16.4.3 shall be prorated accordingly.
The Service Year shall allow for up to ten (10) exchange days (not to include days
designated as holidays) which may be scheduled to times outside of the defined Service
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Year. Exchange days may only be scheduled in five (5) day, one (1) week blocks and
completed in compliance with Article 16.4.3.
Hourly assignments may be made outside the service year and shall be paid on the
Overload and Extra Assignment Salary Schedule SS#20.
16.3.5 Reduced Assignment Year/Workload (see also Article 10 and 11)
An employee may request to be approved to work fewer days than the equivalent of a
175-day contract, or fewer hours in a workday, or fewer days in a workweek. The
employee shall submit the request in writing to their immediate supervisor. The request
shall include a detailed summary of the proposed work schedule along with an impact
statement of how the reduction will affect operations and recommendations to address
affected operations.
16.4 Workweek
The District professional service workweek shall be thirty-seven (37) hours.
16.4.1 Instructional Faculty: The workweek for instructional faculty shall be thirty-seven (37)
hours which will include thirty (30) hours for primary assignment activities (instruction and
preparation time), five (5) hours per week for designated office hours and two (2) hours for
professional activities/college service.
16.4.2 Children’s Center Faculty: The workweek for Children’s Center faculty shall be thirty-
seven (37) hours which will include thirty (30) hours for primary assignment activities, five
(5) hours for designated office hours, and two (2) hours of college service. Professional
activity/college service is encouraged and must be preapproved by the supervisor.
16.4.3 Service Faculty: The workweek for service faculty shall be thirty-seven (37) hours which
will include thirty (30) hours for primary assignment activities (25 service hours and 5
hours of preparation time), five (5) office hours scheduled in accordance with Article 16.5,
and two (2) hours of professional activities and/or college service. Upon mutual
Agreement, service faculty may work a 9 hour/15minute (9.25) workday in a four-day
workweek. For those faculty who select to work a four-day workweek, the week shall
count as five days toward the annual obligation.
Whenever the workweek assignment is less than thirty-seven (37) hours, the weekly
responsibilities shall be prorated accordingly.
16.4.4 Other non-instructional assignments shall be based on six (6.0) hours per week for each
twenty percent (20%) of a full-time teaching load. The non-instructional load value is
1/30=.03333.
16.4.5 Employees are expected to be reasonably available for District communications and
business throughout the workweek during workday hours on contract days.
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16.4.6 Forty-Hour Workweek Option
The District, at its discretion, may offer an employee a forty (40) hour workweek in order to
increase their college service hours from two (2) hours weekly to five (5) hours weekly or
to reduce an employee’s reassigned time by .10 FTEL. Employees on the forty (40) hour
workweek schedule shall be paid using the approved prorated forty (40) hour workweek
salary schedule at the employee’s regular column and step placement.
See appendix for list of current 40 hour positions.
16.5 Office Hours
Bargaining unit members shall hold five (5) office hours per week, as regularly scheduled office
hours as defined in this Article. Instructional faculty shall post their schedule of office hours on or
adjacent to their office doors by the end of the first week of classes. Office hours may be
conducted in the manner the employee deems most appropriate.
16.5.1 When the bargaining unit member is unable to hold a regularly scheduled office hour
because of an emergency or other unforeseeable circumstance(s), the bargaining unit
member shall notify the department secretary, or department chair, or supervisor of the
change of the office hour prior to or on that day. To the extent possible bargaining unit
members should arrange to have affected students notified.
16.5.2 When an office hour is to be changed for the remainder of the semester or term, it must
be reported to the supervisor. If the change is approved, the instructor shall revise the
posted schedule of office hours and inform the affected students and/or clients of the new
office hour schedule.
16.5.3 Bargaining unit members with a reduced load shall hold office hours proportionate to their
load (for example: .20 FTL equals one office hour).
16.5.4 Summer Office Hours
Bargaining unit members may apply for office hour pay at a rate of $25.00 per hour. The
District will designate up to a total of $5,000.00 per summer session to support office
hours for eligible unit members. Summer office hours will be subject to pre-approval by
the supervisor and available funding.
Unit members approved for summer office hours shall publish regularly scheduled office
hours in all course syllabi as well as in the designated area for posting office hour
information (as described in Section 16.5) by the end of the first week of instruction.
16.5.5 Final Exam Period Office Hours
During the final examination period, instructors shall hold at least three (3) office hours at
times that best serve student needs.
16.6 Program and Annual Review
16.6.1 Program and annual review are recognized as professional activities. It is also recognized
that program review carries additional workload for which the employee(s) assigned
responsibility for such reviews should be compensated. The supervisor, in consultation
with the department chairperson, shall make program and annual review assignments.
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While only one employee shall be assigned primary responsibility for a review, other
employees within the discipline or department may be asked to assist.
16.6.2 The supervisor will be responsible for notifying departments of upcoming program and
annual reviews according to the timelines and processes mutually agreed upon between
the District and the Academic Senate. The review shall be completed in accordance with
established District guidelines and procedures unless mutually agreed upon deviations
are approved by the District administration and the employee during the course of the
review and in advance of final submission. The employee who is assigned the review
responsibility shall have primary responsibility for authoring the self-study, which should
reflect all opinions of the discipline faculty.
16.6.3 The employee assigned responsibility for a review and all employees of the discipline and
the department chair will sign the final report indicating that they have reviewed the final
report. If there is disagreement with the final report, the dissenting employee(s) may
submit a minority report that becomes a permanent part of the final report.
16.6.4 The employee assigned responsibility for the review shall be compensated as described
in Article 18.14.4. When more than one (1) faculty member is involved in a program
review, the compensation shall be divided proportionate to the workload.
16.7 Overload, Summer Session, Intersession, Substitute, Extra Contract Day Assignments
16.7.1 Overload assignments, summer session assignments, intersession assignments,
substitute assignments, and extra contract-day assignments are not part of the
employee's regular contract year assignment.
a. Overload assignments, summer session assignments, intersession assignments, and
substitute assignments shall be compensated at the overload rate per Article 14 of
this Agreement.
b. Extra contract day assignments shall be compensated at the prorated daily rate per
Article 14 of this Agreement.
16.7.2 Bargaining unit members shall be given first consideration in filling overload assignments,
summer session assignments, intersession assignments, substitute assignments and
extra contract day assignments.
16.7.3 If two (2) or more employees request the same assignment, then the employee with most
seniority within the discipline as a full-time faculty member shall be given priority.
16.7.4 Bargaining unit members who receive a needs improvement or unsatisfactory evaluation
may teach intersession or summer assignments only with the approval of supervisor.
16.8 Academic Calendar
The academic calendar will not be a negotiable item each year providing that a faculty
bargaining unit member co-chairs the District’s Calendar Committee. The Association shall
appoint one (1) additional member and the academic senate shall appoint one (1) member to the
calendar committee.
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16.9 Advisory Mentoring
Faculty who agree to act as advisor mentors under the faculty internship program per California
Education Code Section 87487 and California Title 5, Section 53500-53502, will be paid for an
extra assignment using the Overload and Extra Assignment Salary Schedule (in the appendix) for
each semester the faculty member acts as an advisor mentor for each classroom faculty intern.
(The intern is paid using the part-time faculty salary schedule.)
16.9.1 The supervisor, with input from the department chair, will approve the assignment
of the advisor mentor.
16.9.2 The advisor mentor shall not take the place of the department chair with regard to
orientation and evaluation of part-time faculty. It is the department chairs
responsibility to evaluate and to provide orientation on college procedures to all part-time
faculty, including faculty interns.
16.9.3 The duties of the advisor mentor shall be as follows:
A. Conduct a minimum of four (4) scheduled meetings with the faculty intern each
semester. The topics to cover shall include, but are not be limited to, curriculum
planning, teaching strategies and methodologies, assessment of student work,
and review of course materials.
B. Conduct a minimum of three (3) one-hour classroom visitations with a faculty intern
each semester.
C. The advisor mentor shall prepare written documentation to include dates and
topics of meetings, dates and summaries of classroom visits, and discussion
summaries.
D. The advisor mentor shall not teach a class at the same time as the mentee and
shall be available on campus.
16.9.4 The extra assignment salary shall be determined as follows:
A. The faculty member’s advisor mentor extra assignment salary when working with a
first semester faculty intern will be determined by the bargaining unit employees
appropriate pay rate on the Overload and Extra Assignment Salary Schedule (in the
appendix) to equal .056 FTE.
B. The faculty member’s advisor mentor extra assignment salary when working with a
second-semester faculty intern will be determined by the bargaining unit employees
appropriate pay rate on the Overload and Extra Assignment Salary Schedule (in the
appendix) to equal .040 FTE.
16.9.5 Section 16.9 of the Agreement shall be effective as long as Board Policy 7501 “Faculty
Internship” or its successor remains in effect. (See California Education Code Section
87487 and California Title 5, Sections 53500-53502.)
16.10 Travel
The District may require employees to travel as a condition of employment assignments per this
Article. In such cases the following will apply:
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16.10.1 The employee shall notify their supervisor of the travel. The supervisor shall determine
whether a district vehicle, rental vehicle, or personal vehicle shall be used.
16.10.2 Employees required to use their own vehicle shall be paid mileage per district policy.
16.10.3 If an employee is involved in a traffic collision during district travel using a personal
vehicle, the employee’s personal insurance shall cover the costs of damages to the extent
allowable under that insurance policy. The District or its insurance carrier shall cover any
damages (personal or property) not covered by the employee’s personal coverage and
shall cover the employee’s deductible up to $1,000 per occurrence.
16.10.4 If an employee is injured during district travel, the employee shall be covered under the
District’s worker’s compensation program.
16.10.5 Employees with assignments at more than one (1) district campus center or worksite
shall receive district mileage reimbursement at the district travel policy rate for travel
between campuses during the same day.
16.10.6 When an employee requests district funds and approval for travel, and the District is
unable to pay for the travel but nevertheless allows the employee to complete the travel, a
statement to that effect shall be written on request and provided to the employee. The
District will return the request as soon as possible so that the faculty member will know
the status prior to the trip. Alternatively, the travel form may include a “check-off box”
when, if checked, the employee will know that the travel is approved but not at district
expense.
16.11 Evening Assignments
If an employee has an evening assignment that is part of the regular load assignment and it is not
an overload assignment and they have a scheduled assignment the next day, the supervisor
shall schedule a break of at least eleven (11) hours between the end of the evening assignment
and the beginning of the first assignment the next day unless there is a need to make load or if
the employee requests the assignment.
16.12 Coordinators
The District will appoint coordinators of programs after consulting with full-time faculty in
the affected department.
16.13 Department Chairs
Nineteen (19) extra days shall be provided to department chairs with assignments of
fewer than 198 days. Department chairs shall submit a schedule of the nineteen extra
days to be approved by the supervising dean.
16.14 Holidays and Campus Closure
When a holiday or college closure is a day that an employee would normally work in a
scheduled workweek the day shall count toward the employee’s load and assignment
year obligations. This section does not apply to designated summer Friday closures.
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ARTICLE 17: EVALUATION AND TENURE
17.1 Definitions
“Supervisor” see Article 16.
“Appropriate Vice President” see Article 16.
“Classroom” or Worksite” may refer to either a physical location or to distance learning
instruction of all modalities used by the district.
“Client” see Article 16.
“College Service” see Article 16.
“Contract Faculty” or “Probationary Faculty” or “Tenure-Track Faculty” are synonymous terms and
refer to a bargaining unit member who is employed in accordance with the provisions of
Education Code Section 87605 or Subdivision (b) of Section 87608.
A “Day” in this article is a “Business Day any day Monday through Friday on which the Allan
Hancock Joint Community College District administrative offices are open for business.
“Evaluation Forms” refer to evaluation forms mutually agreed upon between the District and the
Faculty Association to be used in the evaluation of a bargaining unit member and placed in the
appendix. The District shall post all evaluation forms on the district online management system.
“Evaluation Team” refers to the members of the approved group consisting of the supervisor and
two tenured bargaining unit members, one of which is selected by the bargaining unit member
undergoing evaluation and the other is selected by the supervisor as provided within this Article.
“Primary Duties/Assignment” see Article 16.
“Reassignment or Reassigned Duties” see Article 18.
“Probationary Faculty” - see “Contract Faculty.”
“Regular Faculty” or “Tenured Faculty” means a tenured bargaining unit member who is
employed in accordance with the provisions of Education Code Subdivision (c) of Section 87608
or Section 87609.
“Temporary Faculty” means a non-tenure track bargaining unit member who is employed on a
temporary basis fully compensated by categorical funds within the provisions of Education Code
section 87470.
SGID - Small Group Instructional Diagnosis is an evaluation process conducted by a trained
facilitator.
“Special Assignments” are assigned or reassigned activities other than the bargaining unit
member’s primary duties; and are voluntary.
“Overload Assignment” see Article 16.
“Worksite” see “Classroom.
“Performance Techniques” are methods used appropriate to the bargaining unit member’s
teaching or service assignment.
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“Prep” as used in 17.4, refers to the act of preparing to teach each course based on the Course
Outline of Record (COR). For purposes of evaluation, a course taught through multiple modalities
is considered to have multiple preps.
“Colleague” as used in this article is any person employed by the District with whom the
evaluatee has regular professional contact. Examples include the bargaining unit member’s
immediate supervisor, college administrators, discipline faculty, and classified staff.
17.2 Purpose and Intent
17.2.1 The purpose of the evaluation of faculty is the continuous improvement of instruction and
support services at Allan Hancock College. Other purposes include the maintenance of
quality in programs and instruction and the professional competence of the faculty.
17.2.1.1 Tenured Faculty: The primary purpose of the regular evaluation for tenured
faculty is to provide feedback for the member to consider for personal and
professional growth.
17.2.1.2 Probationary Faculty: The primary purpose of the probationary faculty
evaluation is to determine suitability for continued employment and tenure.
17.2.2 The evaluation process shall promote professionalism, enhance performance, and be
closely linked with professional growth efforts.
17.2.3 The evaluation shall not be arbitrary or capricious or discriminatory in scope or practice.
17.2.4 The intent of the regular periodic evaluations is to evaluate the employee’s primary
assignment activities which are either instruction or service.
17.2.5 The intent of evaluation for special assignment is to determine suitability for that particular
assignment. Performance in special assignments is not evaluated for the purposes of
tenure.
17.3 Criteria
The following criteria delineate the areas of faculty evaluation and tenure as they relate to their
primary assignment.
17.3.1 Competency
17.3.1.1 Bargaining unit members teaching in any modality shall demonstrate satisfactory
performance in the following areas:
a) knowledge of teaching field or assignment;
b) effective communication with students;
c) teaching, counseling or other service techniques;
d) organization skills;
e) use of appropriate materials related to primary assignment;
f) incorporation of appropriate student assessment methods; and
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g) the use of District course management system is required of all fully on-line
and hybrid course sections.
17.3.2 Students
17.3.2.1 Bargaining unit members shall evidence respect for students’ rights and needs
by demonstrating:
a) objectivity and fairness in the evaluation and discussion of student work;
b) maintenance of contractual obligations to hold regular and timely office
hours;
c) respect for the rights and responsibilities of students as expressed in official
college policies; and
d) appropriate record keeping and reporting.
17.3.3 Colleagues
17.3.3.1 Bargaining unit members shall evidence respect for colleagues and the teaching
profession by:
a) acknowledging and defending the free inquiry of their associates in the
exchange of ideas;
b) acknowledging academic debts (crediting sources to avoid plagiarism);
c) acting in accordance with the ethics of the profession and with a sense of
personal integrity; and
d) establishing and maintaining cooperative working relationships among
faculty, administrators, and staff.
17.3.4 Professional Development: The bargaining unit member shall demonstrate continued
professional development by completing annual hours as defined in Article 16.
17.3.5 College Service: The bargaining unit member shall demonstrate continued college service
by completing the required hours as defined in Article 16.
17.4 Evaluation of Instructional Assignments
17.4.1 Tenured faculty shall select at least one class per prep (regular load and overload) to be
evaluated.
17.4.2 Probationary faculty may have all classes (regular load and overload) evaluated.
17.5 Criteria for Evaluation of Special Assignments
17.5.1 Criteria for evaluation of special assignments:
a. Evaluation shall be based on the bargaining unit member’s ability to perform the
assigned duties as defined in the assignment job description.
b. The evaluation shall utilize a standardized and agreed upon evaluation form and
method developed for the assignment.
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c. Unless otherwise prohibited, the evaluations of special assignments or reassigned
duties shall not be more frequent than an annual review.
d. The evaluation may be conducted in conjunction with the employee’s regular
evaluation; however, there must be a clear and distinguishable separation of the
evaluations.
17.5.2 Department Chair and Coordinator assignments shall be evaluated pursuant to Articles
17.5.1 and 18.14.2.
17.6 Frequency of Evaluations
17.6.1 Probationary faculty shall be evaluated in their first (1
st
), third (3
rd
), fifth (5
th
), and seventh
(7
th
) semesters. Mid-year (spring) hires shall be considered as entering into the first (1
st
)
probationary year in the first (1
st
) fall semester of the assignment.
17.6.2 Regular faculty shall be evaluated every third (3
rd
) academic year and may be evaluated
in either semester.
17.6.4 In addition to the periodic evaluations, the appropriate vice president may authorize an off
cycle evaluation of a bargaining unit member based upon substantiated complaints that
their performance is less than satisfactory in the areas delineated in Section 17.3.
17.6.4.1 The supervisor shall notify the bargaining unit member of such an off cycle
evaluation in advance. See off cycle evaluation in Section 17.16.
17.6.5 A bargaining unit member who teaches or provides service in a discipline outside their
primary assignment shall be evaluated using the off cycle process during the first
semester of the new assignment, after which evaluations will continue in conjunction with
the employee’s regular assignment evaluation cycle.
17.6.6 Temporary faculty hired under Education Code Section 87470 will be evaluated in the
same manner as “probationary evaluation” in this Article.
17.7 Timelines
In order to fulfill the purpose of this article, bargaining unit members shall be evaluated according
to the timelines set forth in this article.
17.8 Training for Evaluators
All members of an evaluation team shall be trained.
17.8.1 The Faculty Association and Academic Senate shall jointly develop and provide training in
evaluation techniques including how to conduct class/worksite observations, interpreting
student feedback, assessing student learning outcomes, and administering Small Group
Instructional Diagnoses (SGIDs).
17.8.2 The District shall provide training in evaluation techniques for supervisors of evaluation
teams.
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17.9 Evaluation Team
17.9.1 The evaluation team shall consist of the supervisor and two (2) tenured bargaining unit
members; one selected by the bargaining unit member undergoing evaluation and the
other selected by the supervisor in the following order of preference: the designated
program coordinator; the department chair; other tenured faculty member.
17.9.1.1 If the bargaining unit member being evaluated does not provide a name to the
supervisor within two (2) weeks of notification of evaluation, the second member
of their team will be appointed by the bargaining unit member’s supervisor.
17.9.2 The supervisor is the team leader and shall be responsible for communications between
the bargaining unit member and the team, assigning evaluation workload to team
members, ensuring compliance with process and timelines, distributing and gathering
forms, coordinating meetings, and submitting the final report to the vice president.
17.9.3 The evaluation team shall conduct its evaluation in confidence. Team members shall not
discuss a bargaining unit member’s performance with anyone not directly involved in the
process.
17.10 Process
17.10.1 Notification: Prior to the end of the first (1
st
) week of the semester the supervisor shall
notify the bargaining unit member of their pending evaluation in writing specifying the
evaluation process and timeline.
17.10.2 Initial/Orientation Meeting: The evaluation team shall meet with the bargaining unit
member being evaluated to discuss the purpose, criteria, procedures, and timelines for
the evaluation. The team, with input from the bargaining unit member being evaluated,
will identify colleagues who are in positions to comment on the evaluatee’s job
performance. Team member orientations shall be held prior to or in conjunction with this
meeting.
17.10.2.1 Probationary/Temporary Faculty: The probationary bargaining unit member
shall be evaluated using student feedback forms and the SGID process,
classroom observations, colleague feedback, and the self-evaluation packet.
17.10.2.2 Regular Faculty: Regular faculty shall be evaluated using student feedback (or
the bargaining unit member may request an SGID in place of the student
feedback), and colleague feedback.
17.10.2.3 Children’s Center Faculty: Children’s Center Faculty shall be evaluated using
parent feedback forms, colleague feedback, and classroom observation using
the designated forms.
17.10.3 Observation and Feedback Reports: Between the first day of the tenth (10
th
) week and
the last day of the twelfth (12
th
) week of the semester, the evaluation team shall conduct
worksite observations and/or distribute and collect the colleague feedback forms and
student feedback forms.
17.10.3.1 Self Evaluation (Probationary Faculty Only): Prior to the end of the twelfth (12
th
)
week of the semester, the bargaining unit member shall submit the self-
evaluation packet to the supervisor.
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17.10.3.2 For distance learning classes, at the end of the twelfth (12
th
) week of the
semester, the supervisor shall request the results from the student feedback
forms.
17.10.4 Consensus Meeting: Prior to the end of the fourteenth (14
th
) week, the evaluation team
shall meet to review all documents and prepare the Evaluation Report.
17.10.5 Special Meeting(s): At any time during the evaluation process a team member may meet
with the bargaining unit member to gain clarification and understanding. The purpose of
this meeting is to ensure each team member fully understands the issue(s) and has
exercised due consideration for fairness.
17.10.6 Final Meeting: Prior to the end of the sixteenth (16
th
) week of the semester, the team
shall meet with the bargaining unit member to review the Evaluation Report and its
findings and recommendations. The bargaining unit member shall be provided a copy of
the report.
17.10.7 Administrative Review and Approval: After signature by the team members and the
bargaining unit member, the final written evaluation and attachments shall be forwarded
to the appropriate vice president for review and signature.
17.10.7.1 The bargaining unit member may request a meeting with the vice president to
challenge the team’s findings and recommendations.
17.10.7.2 For probationary and temporary faculty, the vice president shall make a
recommendation to the superintendent/president.
17.10.7.3 For tenured faculty, the vice president shall forward overall satisfactory
evaluations to the office of human resources for placement in the personnel files.
The vice president shall forward overall unsatisfactory evaluations to the
superintendent/president along with a recommendation.
17.10.7.4 The superintendent/president shall make a final recommendation to the Board
of Trustees for all probationary faculty and temporary faculty evaluations and for
unsatisfactory tenured faculty evaluations.
17.10.7.5 If a probationary employee is not re-hired due to an unsatisfactory evaluation or
resignation, the vacant position shall be reopened for recruitment within the
academic year taking into consideration the appropriate timeline to recruit for the
position, unless the District and Association agree otherwise.
17.10.8 Personnel File: One copy of the final evaluation report shall be provided to the
bargaining unit member and the original shall be placed in the bargaining unit member’s
personnel file. No other copies, drafts and materials shall be maintained outside the
office of human resources.
17.10.8.1 The evaluation report shall be included in the personnel file, all other
documentation related to the evaluation shall be maintained by the office of
human resources.
17.10.8.2 If a formal grievance is filed, the District shall provide the grievant with full and
complete access to all materials and information used in the evaluation process.
17.11 Classroom/Worksite Observations
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17.11.1 Classroom/worksite observations are required for all probationary faculty.
Classroom/worksite observations are only required for tenured faculty who have never
been observed providing instruction or service in the distance learning modality.
17.11.1.1 The purpose of classroom/worksite observations is to observe the bargaining
unit member in the performance of their primary assignment and to provide
feedback to the bargaining unit member.
17.11.1.2 Each evaluation team member, including the supervisor per 17.9.1, shall
schedule with the bargaining unit member a time to make a 50-minute
class/worksite observation. After the observation, the evaluator shall complete
the classroom/worksite observation form and meet with the bargaining unit
member to review the results.
17.11.1.3 The bargaining unit member shall sign the form acknowledging the review and
may indicate agreement with the content or may, within seven (7) days, submit a
written response to the observation evaluation form.
17.11.1.4 Each team member shall perform at least one classroom or worksite
observation of a primary duty. Every attempt shall be made for the evaluators to
observe different class sections or courses.
17.11.1.5 In the case of counselors and other academic specialists, at least one worksite
observation shall include an observation of an activity relevant to his or her
primary duty such as a counseling session or in-group session.
17.11.1.6 All classroom/worksite/SGID evaluation forms shall be submitted to the
supervisor no later than the end of the thirteenth (13
th
) week of the semester.
17.12 Student/Client Feedback
17.12.1 The purpose of student/client feedback is to obtain input from students/clients pertaining
to the bargaining unit member’s effectiveness.
17.12.1.1 Student/Client Feedback forms shall not be utilized for instruction in open
access labs (example: Math Center, Writing Center, physical fitness lab, etc.).
17.12.2 For probationary faculty, at least one feedback evaluation shall be completed via the
SGID method.
17.12.3 The feedback forms shall be distributed to students/clients of the bargaining unit member
being evaluated.
17.12.4 Except where otherwise specified, team members shall administer the student survey
process and, when appropriate, conduct student SGID’s.
17.12.5 The supervisor shall collect the forms and submit the student survey forms and have
them tabulated and processed.
17.12.6 The supervisor will distribute the computer printouts of numerical data from the student
feedback form to the evaluation team members and the bargaining unit member for review
and discussion.
17.12.6.1 In order to maintain student confidentiality, written comments on student
feedback forms will not be returned to the person being evaluated until the end
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of the semester and after grades have been submitted. Only the person being
evaluated, the evaluation team, and those District employees whose assignment
requires access to student feedback forms shall see written comments on the
forms.
17.12.7 Within seven (7) days from date of distribution, the person being evaluated shall submit,
in writing, a response to the student feedback and SGID reports to the evaluation team
members.
17.12.8 Any reference to student feedback in the final written evaluation shall be based upon
information gathered from the student feedback forms, a substantiated complaint and/or
the SGID(s).
17.12.9 Student/client surveys may be distributed before or after classroom observations.
17.13 Colleague Feedback
17.13.1 The Colleague feedback forms will be used to gather input from colleagues.
17.13.2 The supervisor shall distribute the colleague feedback forms to the persons identified
during the initial meeting and collect the completed forms.
17.13.3 Colleague feedback forms shall include the name and signature of the person completing
the form. Anonymous forms shall be discarded and not considered for evaluation.
17.13.4 The bargaining unit member undergoing evaluation shall not have a right to see the
names of the person(s) who completed the feedback form except if disclosure is required
during a formal grievance proceeding. The supervisor shall ensure that the bargaining unit
member undergoing evaluation does not view the name(s) of the person(s) who
completed the feedback forms during the regular evaluation process.
17.13.5 Any reference to colleague feedback in the final written evaluation shall be based solely
upon information gathered from the colleague feedback forms and/or (a) substantiated
complaint(s).
17.14 Evaluation Report
17.14.1 The evaluation report shall accurately describe the evaluation process used, evaluation
activities engaged in by the bargaining unit member, and significant findings by the team
according to the criteria listed in 17.3. The evaluation report shall include a
recommendation based upon the findings.
17.14.2 Conclusions reached by the team shall be based on direct observation and feedback
documentation gathered during the evaluation. The team may consider documented
complaints or concerns as well as commendations that have been previously shared with
the bargaining unit member and are part of the bargaining unit member’s personnel file.
17.14.3 Complaints arising through the evaluation process must be substantiated through
investigation in order to be included in the evaluation report.
17.14.3.1 Second-hand information, hearsay, and unsubstantiated complaints shall not be
considered by the team or included in the evaluation report.
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17.14.4 All members of the evaluation team must sign the evaluation report. If a member of the
evaluation team is not in agreement with the assessment of the other team members, the
dissenting member must attach a statement giving the reason(s) for the disagreement.
17.14.5 The bargaining unit member being evaluated shall acknowledge receipt of the evaluation
report by signature and may, within eight (8) days after receipt of the report, submit a
written response to it, which shall be attached. A copy of the evaluation report shall be
provided to the bargaining unit member.
17.14.6 Recommendations - Pursuant to the provisions of the Education Code sections 87606,
87608.5, and 87609:
Satisfactory Evaluations:
17.14.6.1 Regular Faculty: An overall satisfactory rating requires no further action.
17.14.6.2 Probationary Faculty: An overall satisfactory rating during the first three (3)
years shall result in a recommendation to rehire. An overall satisfactory rating
during the fourth year shall result in a recommendation to award tenure.
Unsatisfactory Evaluations:
17.14.6.3 Regular Faculty: An overall unsatisfactory rating may result in one or more of
the following:
a) a recommendation for an off-cycle evaluation
b) development and measurement of specific goals for improvement
c) additional training
17.14.6.4 Probationary Faculty: An overall unsatisfactory rating may result in an off-cycle
evaluation, additional mentoring/training or recommendation not to reemploy/not
to award tenure pursuant to provisions in the Education Code. The vice
president’s decision regarding an unsatisfactory evaluation will be based on the
severity of the noted deficiencies and previous evaluations. The vice president
will provide the bargaining unit member an opportunity to meet and discuss the
unsatisfactory evaluation.
17.15 Procedural Compliance
17.15.1 It is the intent of the procedures and timelines defined in this Article to provide effective,
meaningful, and fair evaluations of bargaining unit members. Every effort shall be made
to comply with the defined process and timelines of this Article.
17.15.2 The parties recognize there will be occasions when a timeline or process may not apply
to a particular bargaining unit member’s situation or that it may be inadvertently
misapplied or overlooked.
17.15.3 If non-compliance is due to a unique assignment or to an accidental oversight, then the
supervisor shall immediately notify the director of human resources who in turn shall notify
the Faculty Association to meet and confer. The District, bargaining unit member and
Faculty Association shall agree to a modified process and/or timeline.
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17.15.4 Any delays resulting from procedure or timeline non-compliance shall not be held against
the bargaining unit member and every effort should be made to implement a modified
process which is fair and has the least adverse impact on the bargaining unit member.
17.15.5 Failure to comply with a procedure or timeline shall not result in a probationary bargaining
unit member automatically acquiring tenure.
17.16 Off Cycle Evaluations
17.16.1 Pursuant to Ed Code Section 87734, an off cycle evaluation of a bargaining unit member
may be authorized based upon substantiated complaints that the bargaining unit
member’s performance is less than satisfactory in the areas delineated in Section 17.3; or,
when a bargaining unit member receives an overall unsatisfactory rating during a periodic
evaluation.
17.16.2 Off cycle evaluations shall be limited in scope to those areas in which deficiencies were
delineated in the periodic evaluation or complaint.
17.16.3 The evaluation process/timelines as outlined in this article for periodic evaluations shall
be followed in the off cycle evaluation, except that feedback forms and SGID shall be
limited to address only the areas noted for review.
17.16.4 Materials gathered in previous evaluations may be used in the initial meeting of the off
cycle evaluation.
17.16.5 If the off cycle evaluation is the result of an overall unsatisfactory rating during a periodic
evaluation, then the same team shall perform the off cycle evaluation unless the
bargaining unit member requests a team change. Upon the request for a new team, the
supervisor will choose one new faculty team member; the evaluatee will select a second
faculty team member.
17.16.6 If the bargaining unit member requests a new administrator, then the appropriate vice
president may appoint a different administrator to conduct the off cycle evaluation.
17.16.7 The evaluation team shall work constructively with the person being re-evaluated to
encourage improvement. The techniques involved shall include consultation and may
include class/worksite observations, recommended course work, review of literature,
arrangement for updating of background, staff development activities, and any other
appropriate activities agreed upon by the team.
17.17 Grievance Process
17.17.1 The contents of evaluations of tenured bargaining unit members are not subject to the
grievance procedures set forth in Article 6. The procedures of Article 6 shall apply to any
allegation that the specific procedures contained herein have been misinterpreted,
misapplied or violated. However, nothing in the procedures contained in Article 6 shall be
construed to prohibit revision of the contents of any evaluation.
17.17.2 Allegations that the District, in a decision not to reappoint a probationary bargaining unit
member, violated, misinterpreted or misapplied any of the procedures contained in this
article shall be classified and procedurally addressed as grievances. They shall thereafter
be processed in accordance with this article. Article 6 shall not apply.
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17.17.3 General Provisions
The purpose of the general provisions below are to address the grievance procedures not
applicable in Article 6.
17.17.3.1 A “grievance” as used in this article only is a formal written allegation that the
District, in a decision not to offer a probationary bargaining unit member a
second or third contract, or, to deny tenure to a probationary member under a
third contract, violated, misinterpreted, or misapplied any of its policies and
procedures concerning the evaluation of the probationary bargaining unit
member.
17.17.3.2 A “grievant” as used in this Article is a probationary bargaining unit member
denied reappointment or tenure; or the Faculty Association on behalf of the
bargaining unit member.
17.17.4 Level One Written Grievance
17.17.4.1 Within ten (10) days of receiving the official written notice that a second/third
contract or tenure is denied, the grievant must present the grievance in writing
to the appropriate vice president. The grievance shall:
a) be specific;
b) contain a synopsis of the facts supporting the allegation;
c) identify the specific policy or procedure of this article which is alleged to
have been violated;
d) contain the date of the alleged violation;
e) state the remedy requested; and
f) be signed by the grievant.
17.17.4.2 The vice president shall communicate the decision to the bargaining unit
member in writing within ten (10) days after receiving the grievance. If the vice
president does not respond within the time limit, the grievant may appeal to the
next level.
17.17.5 Level Two Arbitration
17.17.5.1 If the grievant is not satisfied with the disposition of the grievance at Level One
or if no written decision has been rendered within ten (10) days after submission
of the grievance to the vice president, the grievant may, within an additional five
(5) days, request in writing that the grievance be submitted to arbitration.
17.17.5.2 The grievant and the District shall attempt to agree upon an advisory arbitrator.
If no agreement can be reached, they shall request the California State
Mediation and Conciliation Service to supply a panel of five (5) names of
persons experienced in hearing grievances in public schools and community
colleges. Each party shall alternately strike a name until only one name
remains. The remaining panel member shall be the advisory arbitrator. The
order of the striking shall be determined by lot. If the arbitrator will not be
available within sixty (60) days, the parties shall secure another list and repeat
the selection.
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17.17.5.3 The arbitrator shall be without power to grant tenure, except for failure to give
notice on or before March 15 pursuant to subdivision (b) of Education Code
Section 87610. The arbitrator may issue an appropriate make-whole remedy,
which may include, but need not be limited to, back pay and benefits,
reemployment in a probationary position, and reconsideration.
17.17.5.4 The arbitrator shall have no power to alter, amend, change, add to, or subtract
from any of the terms of this Agreement, but shall determine only whether or not
there has been a violation of the procedures of this article in the respect alleged
in the grievance. The decision of the arbitrator shall be based solely upon the
evidence and arguments presented to them by the parties in the presence of
each other and upon arguments presented in briefs, if any. The arbitrator shall
consider and decide only on the specific issues submitted in writing and shall
have no authority to make a decision on any other issue not so submitted.
17.17.6 Arbitrator’s Decision and Board Review
17.17.6.1 The arbitrator’s decision will be in writing and will set forth all findings of fact,
reasoning, and conclusions on the issues submitted. The arbitrator will be
without power or authority to make any recommendation which requires the
commission of any act prohibited by law or which violates any term of this
Agreement. The arbitrator in no case shall make any recommendation
inconsistent with District duties, responsibilities, or obligations as such are
prescribed in state or federal law. The decision of the arbitrator will be submitted
to the Board of Trustees, the superintendent/president of the college, the
grievant, and the Association.
17.17.6.2 The decision of the arbitrator shall be in the form of a recommendation to the
Board of Trustees. The Board shall render a decision on the matter within thirty
(30) days after receiving the arbitrator’s decision. Such decision shall be final
and binding on all parties. If the Board does not render a decision within the
time specified, it shall be deemed to have adopted the decision reached by the
vice president at Level One.
17.17.6.3 Arbitration Costs: The district will incur the cost of arbitration for grievances
under this section of this article.
17.18 Evaluation Forms to be used in this article shall not be altered or replaced except by mutual
agreement via the negotiation process. Approved forms shall be placed into the appendix of this
Agreement and the District shall post the forms on the District’s online management system.
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ARTICLE 18: FACULTY LOAD
Definitions
“Load” is a value for assignments performed by faculty and is used to calculate the full-time equivalent
workload and overload.
“Assignment Year” is the number of days in the employee’s contracted year.
“Intercession” refers to any term outside of the fall and spring semesters.
“Career Development College Preparation (CDCP) Programs” are noncredit courses that include
elementary and secondary education, English as a Second Language (ESL), workforce preparation, and
vocational education that are part of a sequence of courses leading to a certificate.
“Reduced Load” is a reduction in workweek hours or workday hours.
“Reduced Assignment Year” is a reduction in workdays within the assignment year.
“Reassigned Time” is the amount of time performing administrative functions, excluding employee
supervision, and has an associated load value that is allotted for an employee’s reassignment activity.
“Reassignments” are defined as voluntary assignments an employee is authorized to perform by the
District in lieu of part or all of the employee’s primary assignment.
18.1 Load
18.1.1 A bargaining unit member's assignment shall be based upon a Full-Time Load (FTL),
during the regular contract year. The scale in Section 18.3 defines the FTL for all types of
assignment. Combinations of types of assignments shall be calculated by the percentage
of each type with a full-time load equivalent to 1.00 FTL. The acceptable range for 1.00
FTL shall be from .97 FTL to 1.023 FTL.
When it is not possible to equal the minimum of the range (.97), load shall be averaged
over not more than three (3) semesters, including intersessions, if scheduled, within a
three semester period. The average load over this period shall equal at least 1.00 FTL.
18.1.2 Preparation time: The district recognizes the value of adequate preparation time to
maintain quality of instruction and services. Instructional activities are identified as lecture
or lab. Lecture courses shall recognize preparation time as determined in Article 16 at a
ratio of 1:1 (1 hour of lecture will have 1 hour of preparation); Lab I courses refer to
section 18.3.2 et.seq. Lab I courses shall have a ratio of 1: 0.94 (1 hour of lab will have
56 minutes of preparation); Lab II courses shall have a ratio of 1: 0.88 (1 hour of lab will
have 53 minutes of preparation); Lab III courses shall have a ratio of 1: 0.71 (1 hour of
activity will have 43 minutes of preparation); Non-credit courses (non-CDCP) and service
assignments shall include preparation time in a ratio of 1: 0.167 (1 hour of assignment will
have 10 minutes of preparation); reassigned activities do not have preparation time.
CDCP courses shall have comparable preparation time ratios as comparable credit
courses (lecture equals lecture, lab equals lab).
18.2 Workweek Load See Article 16.4
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18.3 Assignments Load Values and Calculations
A load calculation form available on the portal may be used to determine load based on the load
information from this Article.
18.3.1 Types of Assignments
Full-Time Load
% of Lecture Load
Lecture Instructional Hours (Credit/CDCP)
15 hours/week = 1.00 FTL
100%
Laboratory I Instructional Hours (Credit/CDCP)
16 hours/week = 1.00 FTL
93.8%
Laboratory II Instructional Hours (Credit/CDCP)
17 hours/week = 1.00 FTL
88.2%
Laboratory III Instructional Hours (Credit/CDCP)
21 hours/week = 1.00 FTL
71.4%
Non-Credit (non-CDCP) Hours
25 hours/week = 1.00 FTL
60.0%
*Cooperative Work Experience (CWE)
125 students = 1.00 FTL
93.8%
Children’s Center Faculty Hours
30 hours/week = 1.00 FTL
50.0%
**Service Assignments
25 hours/week = 1.00 FTL
60.0%
Re-Assigned Activities
30 hours/week = 1.00 FTL
50.0%
*125 students at the 16 hours/week Lab I rate; 7.81 students = 1/16 of load
**Counseling, academic specialists, health services faculty, and librarians
18.3.1.1 Determining Instructional Assignment Type
The parties agree that the determination for instructional assignment types shall
occur during the District’s course approval process. Any disagreements over
assignment types shall be negotiated between the District and Association
18.3.2 Load Notification
The District shall provide each bargaining unit member with an opportunity to review and
approve their load prior to the end of the 1
st
week of May for fall semester, prior to the end
of the last week in November for spring semester and winter intersession, and prior to the
end of the last week of March for summer intersession. These dates shall not apply when
faculty are assi