1
COLLECTIVE BARGAINING
AGREEMENT
BETWEEN
SAN FRANCISCO COMMUNITY
COLLEGE DISTRICT
AND THE
DEPARTMENT CHAIRPERSON
COUNCIL
July 1, 2023 – December 31, 2025
TABLE OF CONTENTS
TOC 1
Page
PREFACE........................................................................................................................... 1
ARTICLE 1 RECOGNITION............................................................................................. 2
ARTICLE 2 EFFECT OF AGREEMENT.......................................................................... 3
ARTICLE 3 PAST PRACTICES....................................................................................... 4
ARTICLE 4 SEPARABILITY AND SAVINGS .................................................................. 5
ARTICLE 5 NON-DISCRIMINATION............................................................................... 6
ARTICLE 6 MANAGEMENT RIGHTS ............................................................................. 7
ARTICLE 7 ASSOCIATION RIGHTS .…………………………………….………..…….8
ARTICLE 8 PURPOSE, SCOPE & AUTHORITY OF CHAIRPERSONS ..................... 12
ARTICLE 9 RIGHTS OF UNIT MEMBERS ................................................................... 14
ARTICLE 10 EVALUATION ........................................................................................... 15
ARTICLE 11 PERSONNEL FILES................................................................................. 22
ARTICLE 12 WORK ENVIRONMENT........................................................................... 26
ARTICLE 13 LEAVES .................................................................................................... 27
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS ........... 29
ARTICLE 15 WORK YEAR/WORK WEEK/ASSIGNMENT AND CLASS SIZE ........... 36
ARTICLE 16 COMPENSATION/SALARIES.................................................................. 39
ARTICLE 17 REASSIGNED TIME................................................................................. 43
TABLE OF CONTENTS
TOC 2
ARTICLE 18 FRINGE BENEFITS.................................................................................. 46
ARTICLE 19 GRIEVANCE PROCEDURE .................................................................... 47
ARTICLE 20 DISCIPLINARY ACTION .......................................................................... 51
ARTICLE 21 DURATION………………………………………….………………………...52
APPENDIX A-1
PERB DECISION RE SCOPE OF BARGAINING UNIT………………………….………..I
APPENDIX A-2
LIST OF DEPARTMENTS ………..…………………………….…………………………………....V
APPENDIX B
ADMINISTRATOR'S EVALUATION OF DEPARTMENT CHAIRPERSON ......................VI
APPENDIX C
FACULTY & CLASSIFIED STAFF REVIEW FORM FOR DEPARTMENT
CHAIRPERSON ..................................................................................................................X
APPENDIX D-1
FACULTY MEMBERS ELIGIBLE TO SERVE AS DEPARTMENT CHAIRPERSON.......XV
APPENDIX D-2
FACULTY MEMBERS ELIGIBLE TO VOTE FOR DEPARTMENT CHAIRPERSON .....XVI
APPENDIX D-3
DEPARTMENT CHAIRPERSON BALLOT ..................................................................... XVII
APPENDIX E
STATEMENT OF GRIEVANCE........................................................................................XIX
APPENDIX F
DEPARTMENT CHAIRPERSON APPOINTMENT* ........................................................XXI
APPENDIX G
POSITION DESCRIPTION – DEPARTMENT CHAIRPERSON.................................... XXII
APPENDIX H
JOINT DCC/AFT/DISTRICT LETTER RE: BARGAINING UNIT STATUS ................... XXVII
PREFACE
1
This Collective Bargaining Agreement (“Agreement”) between the Department 1
Chairpersons Council (“DCC”) and the San Francisco Community College District 2
(“District”) sets forth the terms and conditions of employment of Department 3
Chairpersons represented by the DCC. The terms and conditions of employment 4
set forth herein are intended to recognize and reinforce both the District’s 5
management authority over City College operations and the Department 6
Chairpersons supervisory authority as District representatives and spokespersons 7
for their departments. 8
ARTICLE 1 RECOGNITION
2
A. Bargaining Unit 1
2
The Board of Trustees of the San Francisco Community College District, hereinafter 3
referred to as "Board" or "District," recognizes the Department Chairperson Council 4
(DCC or "Association") as the sole and exclusive representative of the supervisory 5
employees in positions enumerated in the EERB Decision HO-R-48, Case No. SF-6
R-519-525, dated December 22, 1977, which includes the positions enumerated 7
and agreed to in Appendix A-1, attached hereto and incorporated herein by 8
reference. It is understood and agreed by the District and the Association that the 9
term Department Chairperson(s)” as used throughout the provisions of this 10
Agreement is synonymous with supervisor(s)”; and, the term “Department 11
Chairperson(s)” as used throughout the provisions of this Agreement refers to and 12
includes positions with the title of Department Chairperson and positions with the 13
title of Department Program Director. 14
15
B. New Positions 16
17
Any new position(s) designated by the Board as supervisory or any new position(s) 18
that the Association views as supervisory shall be discussed by the 19
representative(s) of the District with the representative(s) of the Association and 20
such position(s) shall, if mutually agreed, be included within the unit. Any position(s) 21
in dispute shall be referred to the PERB for determination without recourse to the 22
grievance procedure herein. 23
24
C. Classification 25
26
A Department Chairperson shall be classified as a contract scheduled academic, 27
regular scheduled academic, categorically funded academic, temporary (part-time) 28
academic, or pro-rata academic employee. 29
30
D. Temporary (Part-Time) Employee 31
32
A temporary (part-time) employee (one hired for no more than the equivalent of ten 33
(10) units) designated as a Department Chairperson shall immediately become a 34
member of the unit. To the extent that the District hires temporary (part-time) 35
Department Chairpersons, such hiring will not be for purposes of evading the 36
provisions of this Agreement. 37
ARTICLE 2 EFFECT OF AGREEMENT
3
It is agreed that the specific terms and provisions of this Agreement shall prevail over 1
District practices and written policies wherever such practices or written policies are 2
inconsistent with such terms and provisions. 3
ARTICLE 3 PAST PRACTICES
4
A. Entire Agreement - It is agreed that this contract comprises the entire agreement 1
between the Association and District on all matters within the scope of 2
representation, and neither party hereto has any further obligation to meet and 3
negotiate on any such matters during the term of this Agreement, with the exception 4
of matters subject to reopener negotiations as specified in this Agreement. 5
6
B. Obligation to Bargain - The above provision is not intended to relieve the District of 7
the obligation to bargain prior to changing any existing written rules, regulations or 8
practices where such rules, regulations, and practices are within the scope of 9
representation. 10
ARTICLE 4 SEPARABILITY AND SAVINGS
5
A. If any provision of this Agreement or any application of this Agreement to any 1
employee or group of employees is rendered invalid by operation of law or held 2
invalid by a court or other tribunal of competent jurisdiction, such provision shall be 3
inoperative, but all other provisions shall not be affected thereby and shall continue 4
in full force and effect. The parties agree that they shall, upon the request of either 5
party, within fifteen (15) workdays subsequent to any such decision, meet for the 6
purpose of negotiating such new terms or conditions required to correct the 7
declaration of invalidity. Neither party shall go to court with the intent to overturn 8
any provisions of this contract. 9
10
B. If closure of the College or consolidation with another community college district is 11
required by a final decision in the accreditation process, the District will consult with 12
the DCC before determining a course of action. 13
ARTICLE 5 NON-DISCRIMINATION
6
A. City College of San Francisco prohibits discrimination on the basis of race, religion, 1
sex, national origin, creed, ethnicity, age, physical or mental disability, political 2
affiliation, sexual orientation, ancestry, color, medical condition (e.g., cancer or 3
cancer related illness; HIV/AIDS or related conditions), genetic characteristics (e.g., 4
non-symptomatic carriers of inheritable diseases), gender identity, marital or 5
domestic partner status, parental status, veteran status, height, or weight. 6
7
B. The Grievance Procedure herein may not be used for any claims arising hereunder 8
for which another administrative forum, such as the Equal Employment 9
Opportunities Commission (EEOC) or the Department of Fair Employment and 10
Housing (DFEH) is provided by law. For purposes of this Article, the Public 11
Employment Relations Board shall not be considered an administrative forum. 12
13
ARTICLE 6 MANAGEMENT RIGHTS
7
A. The District’s exercise of its express and implied legal powers, rights, duties, and 1
responsibilities, e.g., the adoption of policies, rules, regulations, and practices in 2
furtherance of these powers, and the use of judgment and discretion in connection 3
therewith, shall be limited only by the specific and express terms of this Agreement. 4
ARTICLE 7 ASSOCIATION RIGHTS
8
A. No Reprisals - The Association and Employer agree that no reprisals will be taken 1
against any person who exercises rights guaranteed by law or this contract or who 2
executes responsibilities imposed by law or this contract. 3
4
B. Negotiations with Other Organizations 5
6
1. The Board or its representative(s) agree not to negotiate with any other 7
organization or individual in matters upon which the Association is the 8
exclusive representative. The Association agrees that neither it nor its 9
representative(s) will negotiate privately or individually with any person or 10
persons not officially designated by the Board as its representative(s) in 11
matters upon which the Association is the exclusive representative. 12
13
2. This Agreement shall constitute the full and complete commitment between 14
both parties and may be altered, changed, added to, deleted from or modified 15
only through the mutual consent of the parties in a written and signed 16
amendment to this Agreement. 17
18
C. Dues Deduction 19
20
The District will deduct from the pay of Association members and pay to the 21
Association the normal and regular monthly Association membership dues as 22
voluntarily authorized by Association members, in writing, by the employee on the 23
District Payroll Deduction Authorization form, subject to the following conditions: 24
25
1. The District agrees to such deduction for all Association members within the 26
unit who have signed deduction forms, provided dues are in uniform amounts. 27
28
2. Such deduction shall be made only upon the submission on a District Payroll 29
Deduction Authorization form of a duly executed and revocable authorization 30
by the employee. 31
32
3. Such dues deduction shall remain in effect until cancelled by the Association 33
member or by the Association, or until the member resigns from the District or 34
returns to the faculty unit. 35
36
4. The Association agrees to hold the District harmless against any claims made 37
of any nature whatsoever, and against any claim or suit instituted against the 38
District arising from its collection and deduction of Association dues. 39
40
D. Organizational Use of Facilities 41
42
The Association will provide, in accordance with established Board procedures, 43
advance notice if it wishes to utilize a District facility during normal working hours. The 44
Association agrees to leave the facility in the exact same condition of cleanliness as 45
existed prior to its use. 46
ARTICLE 7 ASSOCIATION RIGHTS
9
1
E. Parking Permits 2
3
The Association shall be provided by the District with four (4) permanent parking 4
permits for use by Association representatives at those District facilities that have on-5
site parking. 6
7
F. Equipment 8
9
The Association and its duly authorized representatives may be allowed to 10
occasionally use District equipment, with advance approval of management, without 11
cost, when such equipment is not otherwise in use. Supplies for all printed materials 12
must be solely at the expense of the Association. District requirements shall at all 13
times have priority over those of the Association. 14
15
G. Released Time/Association Business 16
17
1. Negotiations - A maximum of three (3) authorized Association negotiation 18
team members shall be released from their regular work duties, without loss 19
of pay or benefits, when negotiation meetings with management are 20
scheduled during regular working hours of the members involved. By mutual 21
written agreement between the DCC and the District during negotiations, the 22
maximum of three (3) may be waived to permit up to seven (7) authorized 23
members to be released from their regular work duties without loss of pay or 24
benefits. 25
26
Requests for released time shall be made in writing by the President of the 27
DCC or designee to the Director, Employee Relations, or designee, and shall 28
be received as early as possible prior to a scheduled session. In no event, 29
however, may a request for such released time be received less than one 30
workday in advance in order for a member to be eligible for released time. 31
32
2. Grievances - No paid released time shall be used or granted Association 33
representatives for grievance preparation. Association representatives shall 34
be released from their regular work duties without loss of pay or benefits, when 35
grievance resolution meetings with management are scheduled during the 36
regular working hours of the members involved. 37
38
2.1 Substitutes - District and DCC may mutually agree to make adequate 39
arrangements for a member of the bargaining unit who is absent from 40
her/his duties for the purpose of processing grievances. 41
42
3. Reassigned Time for Association Business Sixty percent (60%) of a full-time 43
load (i.e., six units) of paid reassigned time shall be granted to the Association. 44
45
ARTICLE 7 ASSOCIATION RIGHTS
10
3.1 Such reassigned time shall be used for Association business, 1
grievance, or negotiations. 2
3
3.2 For Association designees whose combined departmental and 4
Association reassigned time exceeds 29 units annually, the 5
Association designee shall be granted instructionally-related overload 6
for any excess reassigned units consistent with Article 16.C. The 7
Association designee may request that some excess reassigned units 8
be granted to another Association member for the conduct of 9
Association business, e.g., grievances, negotiations or consultation. 10
11
H. Mailboxes/Bulletin Boards - The Association shall utilize mailboxes and/or bulletin 12
boards for its communications as long as such communications are dated and bear 13
Association identification as the originator and/or distributor. 14
15
I. Information to Association District will provide the following information to the 16
Association President either in hard copy via mail, electronic copy attached to an e-17
mail or hyper-link included in an e-mail: 18
19
1. Board Agenda/Minutes - The Board Agenda packet, excluding all confidential 20
information and materials as defined by applicable law. This shall be 21
furnished to the Association President no later than the time it was furnished 22
to the Board. Any updates or changes after this information has been sent 23
will also be provided to the Association President. 24
25
2. Policies/Administrative Regulations - At the beginning of each contract 26
period, during the term of this Agreement, one full set of Board Policies; and, 27
during the term of this Agreement, any changes, additions, alterations, or 28
deletions to Board Policies or administrative regulations simultaneously with 29
distribution to management. 30
31
3. Budgets/Studies - At the time of submission to the Board of Trustees: 32
33
1. One (1) copy of each CCFS-311 and CCFS-311Q and each District 34
Quarterly Report and the District’s Annual Audit Report 35
2. One (1) copy of CCSF Faculty Load Report (when available) 36
3. One (1) copy of Attendance Report CCFS-320 37
4. One (1) copy of the Budget in final adopted form 38
5. One (1) copy of each Board presentation: Preliminary, tentative, 39
publication budget packets, as prepared for public usage 40
6. One (1) copy of the District's Affirmative Action/Staff Diversity Plan and 41
all subsequent updates/modifications (when available) and one (1) 42
copy of the District’s annual Staff Data Report. 43
7. One (1) copy of the District’s Classified Staffing Chart/Report 44
ARTICLE 7 ASSOCIATION RIGHTS
11
8. One (1) copy of the quarterly detailed revenue and expenditure 1
forecasts for the current budget year in the General Fund and 2
Categorical Accounts. 3
4
4. Copies of Agreement - The District will cover the District's cost of 5
photocopying the Agreement in-house. DCC will arrange for reproduction and 6
distribution to all unit employees. 7
8
J. Consultation 9
10
The parties agree that communication involving employer-employee relations, 11
specifically administration of the contract in force, may be facilitated by consultation 12
meetings. Either party may request a consultation meeting where they believe a 13
resolution of a problem or problems may be feasible. The party requesting such a 14
meeting shall, in writing, submit an agenda to allow an understanding of the problem 15
to be discussed or resolved and the date, place, and time requested. The receiving 16
party shall, within three (3) workdays, notify the requesting party of agreement or non-17
agreement to the meeting. Such meeting shall not be unreasonably denied. Meetings 18
shall be held during the Association members' non-working hours. Neither party shall 19
have more than three (3) representatives at any such meeting unless mutually agreed 20
to prior to the meeting. These meetings are not intended to bypass the grievance 21
procedure and shall not constitute an invitation to renegotiate any provisions of the 22
Agreement. 23
24
K. Change in Structure 25
26
To the extent that changes in the District's institutional structure, such as closure of a 27
Campus where a Department Chairperson is located; the reduction or elimination of 28
categorical grant funding for a program headed by a Department Chairperson; 29
elimination or consolidation of a department; and the like, will adversely affect a 30
member of the Association, the District will inform in writing the Association in advance, 31
wherever possible, of the implementation of such changes and will consult with the 32
Association over the effects of such changes upon written request to do so by the 33
Association. 34
ARTICLE 8 PURPOSE, SCOPE & AUTHORITY OF CHAIRPERSONS
12
Under the direction of a Dean and in the area of responsibility, a Department Chairperson 1
(“Chairperson”) has the dual purpose to: 2
3
1) Implement academic policies and procedures at the department level that flow from 4
CCSF’s mission; and 5
2) Provide academic leadership to faculty in meeting the needs of students. 6
7
As a front-line supervisor, a Chairperson is both a representative of the administration 8
and a department spokesperson. In representing CCSF administration to faculty, the 9
Chairperson articulates the needs, concerns, and goals of the District and implements 10
administrative policies and procedures at the department level in support of officially 11
adopted College Plans and Board Goals. In representing a department to administration, 12
the Chairperson articulates the needs, concerns and goals of the department in order to 13
inform administrative decision-making. Chairpersons have supervisory authority within 14
the College’s organizational structure related to one or more disciplines and the specific 15
exercise of such authority is subject to approval by the Dean. 16
17
The Chairperson’s role includes the following: 18
19
Coordinate the duties, responsibilities and evaluation of faculty. 20
21
Hire, orient, schedule, supervise and evaluate emergency faculty hires, 22
substitute faculty, classified employees assigned within the department, student 23
workers, individuals under contract, and volunteers. 24
25
Recommend a plan for the direction of academic programs. 26
27
Facilitate the development of and recommend curriculum that meets the quality 28
standards set by the State Chancellor of Community Colleges and CCSF District 29
Administration, and coordinate course development with other departments, 30
programs, and services as appropriate. 31
32
Develop and recommend a schedule of classes in advance of each semester 33
that meets students’ needs, enrollment goals, and department instructional 34
budgets. 35
36
Recommend effective enrollment strategies to her/his Dean; initiate, after 37
consultation with the Dean, the cancellation of low enrolled classes and the 38
addition of new and combined sections; work with students affected by changes to 39
the schedule of classes; and implement administrative direction, after consultation 40
with her/his Dean, with respect to the preceding in compliance with College policies 41
and contracts. 42
43
Develop and assign faculty work schedules that correspond to the schedule of 44
classes and other departmental activities that meet student need and demand, 45
ARTICLE 8 PURPOSE, SCOPE & AUTHORITY OF CHAIRPERSONS
13
subject to the final approval of the Dean, and supervise faculty performing 1
instructionally related activities affecting the department. 2
3
4
Facilitate the hiring process for full time and part time faculty in compliance with 5
College policy and contracts. 6
7
Ensure that the courses taught to students at the College are current as to general 8
educational and specific topical trends, ideas, methods and techniques. 9
10
Demonstrate primarily through an annual plan or program review, how the 11
department accomplishes its goals, assess student learning outcomes, and 12
maintains academic integrity and high quality education. 13
14
Monitor and report on the academic integrity and performance of the delivery of 15
the highest quality of education to students. 16
17
Demonstrate effective leadership while contributing to participatory governance 18
at CCSF. 19
20
Implement the policies and procedures set by CCSF District Administration and 21
provide department input to the Administration on policies and procedures within 22
the College’s administrative structure. 23
24
Plan and report on the operational needs of the department. 25
26
Support the Dean to achieve academic and budgetary goals and provide the 27
Dean with departmental input necessary for the development, achievement, and 28
success of these goals. 29
30
Effectively communicate with her/his dean, administration, students and faculty. 31
32
Develop and maintain positive relationships with administration, faculty, 33
classified staff, students, and communities served by the College. 34
35
36
Lead department meetings. 37
38
The complete job description, including duties and responsibilities, of Department 39
Chairpersons appears at APPENDIX G. 40
ARTICLE 9 RIGHTS OF UNIT MEMBERS
14
A. Opportunity for Input 1
2
Through established administrative channels, unit members are afforded notice 3
and an opportunity to provide input to the Administration preceding substantive 4
decisions affecting the department or discipline or program for which the unit 5
member is responsible. The opportunity for input exists both during and outside 6
the regular calendar. This provision does not limit DCC’s right of consultation 7
pursuant to Article 7.J. 8
9
B. Retreat 10
11
Where a Department Chairperson position is eliminated, an incumbent regular 12
or contract Department Chairperson shall, consistent with her/his District and 13
Education Code rights as a regular or contract employee, return to the faculty. 14
15
C. Layoff 16
17
Where a District layoff of academic employees is to be implemented, a 18
Department Chairperson in District contract or regular status shall be 19
considered, consistent with her/his District and Education Code provisions and 20
rights, as a regular or contract employee of the District along with all other 21
regular or contract faculty within the District. 22
23
D. Accrual 24
25
A unit member in a contract or regular scheduled status shall accrue contract, 26
regular, and seniority rights as a scheduled academic employee. 27
28
E. Categorical, Credit Pro-Rata, and Temporary (Part-time) Employees 29
30
Terms and conditions not specifically enumerated herein in regard to categorical, 31
credit pro-rata, and temporary (part-time) unit members shall be in accordance 32
with the District/AFT Contract. 33
ARTICLE 10 EVALUATION
15
A. Purpose 1
2
1. The purpose of department chair evaluations is to recognize the strengths 3
and special qualities of the evaluatee and to define areas that need 4
improvement, 5
6
B. Applicability and Calendar 7
8
1. All Department Chairpersons shall be evaluated by their supervising 9
Dean with regard to the performance of their supervisory duties and 10
responsibilities (Article 8 and Appendix G) year of service as department 11
chair. At the end of each academic year supervising Deans shall, in 12
consultation with Department Chairpersons, determine which Department 13
Chairpersons are to be evaluated in the Fall Semester and which will be 14
evaluated in the Spring semester of the following year. Deans will inform 15
Department Chairpersons of the evaluation cycle prior to the end of the 16
preceding academic year. 17
18
2. The evaluation process shall include an informal review/evaluation by the 19
academic and classified members assigned to the department, as 20
described in Article 10.C below. The Dean shall endeavor to conduct this 21
informal review/evaluation in September/October (for Fall evaluations) or 22
February/March (for Spring evaluation) -- but no later than November 23
15/April 15. 24
25
3. The evaluation process shall include the opportunity for a Department 26
Chairperson to share with the supervising Dean their goals, activities, and 27
accomplishments for the period of evaluation. 28
29
4. The Dean shall endeavor to complete the formal evaluation process, as 30
described in Article 10.D below, one month prior to the end of the 31
semester but no later than December 15/May 15. 32
33
C. Faculty and Staff Review/Evaluation 34
35
An informal review/evaluation of each Department Chairperson by the 36
academic and classified members of her/his department shall be conducted 37
using a District/Association-developed form (Appendix C). The Department 38
Chairperson and the supervising Dean shall examine and discuss all forms 39
submitted by faculty and staff. The Dean shall summarize the informal review 40
results on a blank copy of the form at Appendix C, which copy shall then be 41
attached to the report from Article 10.D. The parties agree to collaborate on 42
exploring an electronic option of this process. 43
44
D. Management Evaluation 45
46
ARTICLE 10 EVALUATION
16
The Dean will complete an evaluation using a District/Association-developed 1
form (Appendix B). 2
3
E. Signature on Evaluation Report 4
5
The Department Chairperson shall sign the report indicating he/she has 6
received it. If the evaluatee refuses to sign that he/she received the report, 7
the Dean shall so indicate on the report, signing her/his own name. 8
9
F. Follow-up to Satisfactory Evaluation 10
11
1. The completed evaluation from 10.D along with the summary from 12
10.C will be placed in the Department Chairperson’s personnel file in 13
accordance with Article 11, Personnel Files. 14
15
2. The evaluatee may file a rebuttal within fifteen (15) workdays of 16
receipt. Any rebuttals received shall be attached to the evaluation and 17
placed in the Department Chairperson’s personnel file. 18
19
G. Follow-up to Needs Improvement 20
21
1. When the overall evaluation rating is needs improvement, the 22
Department Chairperson will work with her/his Dean for one 23
semester based on a written improvement plan. The plan will contain 24
specific goals developed by the Dean in consultation with the 25
Department Chairperson, and will be developed within fifteen (15) 26
workdays of receipt of the completed evaluation. 27
28
2. At the end of the designated semester, the Department Chairperson 29
shall submit a report to the Dean detailing the extent to which the 30
elements of the improvement plan have been achieved. 31
32
3. At the end of the designated semester, the Dean will review the 33
report from the Department Chairperson, consult with the 34
appropriate Associate Vice Chancellor, and determine the extent to 35
which the Department Chairperson has met the goals of the 36
improvement plan. This determination will be delivered to the 37
Department Chairperson in writing. 38
39
4. The evaluatee may file a rebuttal within fifteen (15) workdays of 40
receipt of the Dean’s determination of improvement. 41
42
5. The completed evaluation, improvement plan, Chair’s improvement 43
report, Dean’s determination of improvement, and possible Chair’s 44
rebuttal shall be included as a packet in the personnel file in 45
accordance with Article 11, Personnel Files. 46
ARTICLE 10 EVALUATION
17
1
H. Follow-up to Unsatisfactory Evaluation 2
3
Where the overall evaluation rating is unsatisfactory, the Dean shall ensure 4
that the evaluation document states with specificity the basis of the 5
unsatisfactory performance. The Department Chairperson has four options, 6
described in subsections H.1 – H.4 below. 7
8
1. The Department Chairperson may choose to accept the evaluation by 9
means of a written response to the appropriate Associate Vice 10
Chancellor within 15 workdays of receipt of the evaluation. 11
12
1.1 In that event, the appropriate Associate Vice Chancellor shall 13
assign the Department Chairperson to work with a Dean for 14
one semester, based on a written improvement plan with 15
specific goals developed by the Dean in consultation with the 16
Department Chairperson. The evaluation plan shall be 17
developed within fifteen (15) workdays of receipt of the 18
Department Chairperson’s response. 19
20
1.2 At the end of that semester, the Dean, in consultation with the 21
appropriate Associate Vice Chancellor, may determine that the 22
Department Chairperson’s performance has improved to the 23
point of being satisfactory. This determination shall be 24
communicated to the Department Chairperson in writing. 25
26
1.3 At the end of that semester, or at any time during the period, 27
the Dean, in consultation with the appropriate Associate Vice 28
Chancellor, may determine that the Department Chairperson’s 29
performance has not improved to the point of being 30
satisfactory and may recommend that the Department 31
Chairperson resign as Department Chairperson. This 32
determination shall be communicated to the Department 33
Chairperson in writing. 34
35
1.3.1 The Department Chairperson may accept the 36
recommendation and resign as Department 37
Chairperson. 38
39
1.3.1.1 In that event, the Department Chairperson 40
shall retain her/his faculty status. 41
42
1.3.1.2 Such resignation will prohibit the Department 43
Chairperson from serving as Department 44
Chairperson for three (3) years, but no other 45
penalty shall be applied unless the underlying 46
ARTICLE 10 EVALUATION
18
conduct presents cause for discipline pursuant 1
to Education Code section 87732. 2
3
1.3.2 The Department Chairperson may choose to appeal 4
the Dean’s decision, in writing, to the appropriate Vice 5
Chancellor within fifteen (15) workdays of receipt of the 6
Dean’s recommendation to resign. 7
8
1.3.2.1 The Department Chairperson’s written 9
response shall set forth with specificity the 10
basis for the appeal. The Department 11
Chairperson may meet with the appropriate 12
Vice Chancellor to present the appeal in 13
person. The appropriate Vice Chancellor shall 14
make a decision and communicate it to the 15
Department Chairperson in writing within ten 16
(10) workdays after the meeting or, within 17
twenty (20) workdays of submission of the 18
appeal if no meeting occurred. 19
20
1.3.2.2 The appropriate Vice Chancellor may 21
determine that the Department Chairperson’s 22
performance was satisfactory. In that event, the 23
Dean’s original evaluation along with the 24
appropriate Vice Chancellor’s determination of 25
satisfactory performance shall be maintained in 26
a sealed folder in the personnel file. Only the 27
Chancellor or Vice Chancellor of Human 28
Resources may authorize unsealing the folder. 29
30
1.3.2.3 The appropriate Vice Chancellor may sustain in 31
writing Dean’s recommendation that the 32
Department Chairperson resign. 33
34
Such a recommendation shall be accepted by 35
the Department Chairperson, who shall retain 36
her/his faculty status. 37
38
Such resignation will prohibit the Department 39
Chairperson from serving as Department 40
Chairperson for three (3) years, but no other 41
penalty shall be applied unless the underlying 42
conduct presents cause for discipline pursuant 43
to Education Code section 87732. 44
45
ARTICLE 10 EVALUATION
19
1.4 The Dean’s evaluation, the Chair’s improvement plan, the 1
written determination of improvement, or failure to improve, and 2
any resignation shall be included as a single packet in the 3
personnel file in accordance with Article 11, Personnel Files. 4
5
2. The Department Chairperson may choose to contest the evaluation 6
by initiating an appeal in writing, to the appropriate Associate Vice 7
Chancellor within fifteen (15) workdays of receipt of the evaluation. 8
9
2.1 The Department Chairperson’s written response shall set forth 10
with specificity the basis of the appeal. The Department 11
Chairperson may meet with the appropriate Associate Vice 12
Chancellor to present the appeal in person. The appropriate 13
Associate Vice Chancellor shall make a decision and 14
communicate it to the Department Chairperson in writing 15
within 10 workdays after the meeting or, within twenty (20) 16
workdays of submission of the appeal if no meeting occurred. 17
18
2.2 The appropriate Associate Vice Chancellor may determine that 19
the Department Chairperson’s performance was satisfactory. 20
In that event, the Dean’s original evaluation along with the 21
appropriate Associate Vice Chancellor’s determination of 22
satisfactory performance shall be maintained in a sealed folder 23
in the personnel file. Only the Chancellor or Vice Chancellor 24
Human Resources may authorize unsealing the folder. 25
26
2.3. The appropriate Associate Vice Chancellor may sustain in 27
writing the allegations in the Dean’s evaluation. 28
29
2.3.1 In that event, the appropriate Associate Vice 30
Chancellor has the discretion to assign the Department 31
Chairperson to work with a Dean for a designated 32
period not less than one (1) semester based on a 33
written improvement plan with specific goals developed 34
by the Dean in consultation with the Department 35
Chairperson. The evaluation plan shall be developed 36
within fifteen (15) workdays of receipt of the 37
appropriate Associate Vice Chancellor’s response. 38
39
2.3.2 At the end of that period, the Dean in consultation with 40
the appropriate Associate Vice Chancellor, may 41
determine that the Department Chairperson’s 42
performance has improved to the point of being 43
satisfactory. This determination shall be communicated 44
to the Department Chairperson in writing. 45
46
ARTICLE 10 EVALUATION
20
2.3.3 At the end of the designated period, or at any time 1
during the period, or in the event that the appropriate 2
Associate Vice Chancellor chooses not to request the 3
development of an improvement plan, the Dean, in 4
consultation with the appropriate Associate Vice 5
Chancellor and Vice Chancellor, may recommend that 6
the Department Chairperson resign as Department 7
Chairperson. 8
9
2.3.3.1 Such a recommendation shall be accepted by 10
the Department Chairperson, who shall retain 11
her/his faculty status. 12
13
2.3.3.2 Such resignation will prohibit the Department 14
Chairperson from serving as Department 15
Chairperson for three (3) years, but no other 16
penalty shall be applied unless the underlying 17
conduct presents cause for discipline pursuant 18
to Education Code section 87732. 19
20
2.3.4 The Dean’s allegation letter, the appropriate Vice 21
Chancellor/Associate Vice Chancellor letter, the Chair’s 22
improvement plan, the written determination of 23
improvement, or failure to improve, and any resignation 24
shall be included as a single packet in the personnel file 25
in accordance with Article 11, Personnel Files. 26
27
3. The Department Chairperson may choose to resign, in writing, within 28
fifteen (15) workdays of receipt of the Deans evaluation. 29
30
3.1 Resignation shall not affect her/his faculty status. 31
32
3.2 Resignation will prohibit the Department Chairperson from 33
serving as Department Chairperson for three (3) years, but no 34
other penalty shall be applied unless the underlying conduct 35
presents cause for discipline pursuant to Education Code 36
section 87732. 37
38
3.3 The original evaluation from the Dean shall be processed in 39
accordance with Article 11, Personnel Files. 40
41
4. The Department Chairperson may decline to respond. 42
43
4.1 Failure to respond within fifteen (15) workdays of receipt of the 44
Dean’s evaluation shall be deemed a response of “no contest45
ARTICLE 10 EVALUATION
21
and shall result in automatic resignation, effective the day after 1
the written response of the Department Chairperson was due. 2
3
4.2 Automatic resignation shall not affect her/his faculty status. 4
5
4.3 Automatic resignation will prohibit the Department Chairperson 6
from serving as Department Chairperson for three (3) years, but 7
no other penalty shall be applied, unless the underlying conduct 8
presents cause for discipline pursuant to Education Code 9
section 87732. 10
11
4.4 The original evaluation from the Dean shall be processed in 12
accordance with Article 11. 13
ARTICLE 11 PERSONNEL FILES
22
A. There shall be one (1) official District personnel file for each unit member, 1
which shall be maintained in the Human Resources Department. The file 2
shall consist of records of employment with the District, records of 3
educational advancement and other work or experience pertaining to the 4
status of the unit member's employment with the District, Department 5
Chairperson appointment request forms, leave forms, transcripts, 6
recommendations and evaluations for job application, official evaluations, 7
and correspondence pertaining to the member. 8
9
B. The following items, even though maintained separately, shall be considered 10
as part of the official District personnel file: Time rolls, attendance and payroll 11
records, work orders, TB records, history cards, salary cards, credential 12
records, schedule and assignment files. The District may add similar 13
categories of routine personnel record-keeping to this list provided that the 14
Association is notified that the list will be expanded. 15
16
C. Only materials in the official District personnel file (augmented by records 17
maintained by other governmental agencies) shall be used in any proceeding 18
affecting the status of the unit member's employment with the District, and 19
this file shall be the only file used in any disciplinary or dismissal proceeding. 20
21
1. A unit member may inspect her/his personnel file upon written notice 22
and during normal business hours at such times when the unit 23
member is not otherwise required to render service to the District. A 24
unit member may, upon her/his written authorization, designate a 25
representative to review the file in the presence or the absence of the 26
unit member. Where the member selects an Association 27
representative to review the member's file, the Association and 28
member agree to indemnify and hold harmless the District for any loss 29
or damage whatsoever arising from operation of this subsection. 30
District agrees to be bound by applicable federal and/or state statutes 31
concerning the privacy and confidentiality of such records and files. 32
Access to the official District personnel file shall be limited to District 33
management employees and their properly authorized classified and 34
confidential staff. 35
36
2. All reviews shall be done in the presence of a management employee 37
or designee who shall be positioned in a manner ensuring 38
confidentiality to the parties and security of the file. 39
40
3. Any item to be placed in the file shall be clearly identifiable as to its 41
source or originator and its date of receipt by the District. 42
43
4. If derogatory material or complaints, except student complaints, are 44
received which may result in placement in a Department 45
Chairperson's personnel file, the following procedure shall be utilized: 46
ARTICLE 11 PERSONNEL FILES
23
1
4.1 If the material or complaint is deemed serious enough for 2
further action (e.g., placement in the personnel file of a 3
Department Chairperson), the material shall be submitted to 4
the appropriate Vice Chancellor for review. 5
6
4.2 If any further action is deemed warranted by the Vice Chancellor 7
(e.g., placement in the personnel file of the Department 8
Chairperson), he/she will send a copy of the derogatory material 9
to the Department Chairperson within ten fifteen (15) workdays 10
of the Vice Chancellor’s receipt of material. 11
12
4.3 Management shall arrange a meeting with the Department 13
Chairperson to review the material and establish whether or not 14
a factual basis for the material exists. The Department 15
Chairperson may have a representative at this meeting. 16
17
4.4 Derogatory material placed in the file must include the factual 18
substantiation for that material. 19
20
4.5 If material to be placed in a Department Chairperson's 21
personnel file is documentation of a conference with the 22
Department Chairperson, the procedure outlined in 4.1 - 4.3 23
above need not be followed. 24
25
5. A Department Chairperson shall be notified in writing of any intended 26
entry into her/his file which is deemed derogatory in nature other than 27
formal evaluations. The Department Chairperson shall have the right 28
to respond in writing within fifteen (15) workdays of official receipt of 29
the notice of proposed placement of derogatory material in her/his file. 30
Date of receipt shall be indicated either by certified mail with return 31
receipt or by hand delivery by management/designee with a 32
verification of date of delivery by the management/designee where the 33
unit member refuses to acknowledge receipt by her/his signature and 34
date. Nothing herein precludes any other reasonable verification of 35
receipt. 36
37
6. Appeal Procedure 38
39
6.1 Notwithstanding 4 or 5 above, if a unit member wishes a 40
removal or correction of material being placed in her/his file, 41
he/she shall, within fifteen (15) workdays from the time he/she 42
was informed of the intention to place derogatory material in 43
her/his file: 44
45
ARTICLE 11 PERSONNEL FILES
24
6.1.1 Prepare in writing a detailed and complete explanation 1
of the reason(s) such material in question should be 2
removed or corrected. 3
4
6.1.2 Send by certified mail or hand delivery, with official 5
signature of receipt obtained, this explanation, along 6
with a request for review of the matter, to the Associate 7
Vice Chancellor of Human Resources/designee. 8
9
6.2 Based upon the facts presented in the explanation, the 10
Associate Vice Chancellor of Human Resources/designee 11
shall respond in writing within fifteen (15) workdays as to 12
her/his decision. 13
14
6.3 An appeal to the appropriate Vice Chancellor may be filed by 15
the unit member by certified mail or hand delivery, with official 16
signature obtained, within fifteen (15) workdays following 17
receipt of the decision of the Associate Vice Chancellor of 18
Human Resources/designee. 19
20
6.3.1 Such appeal must include the original explanation and 21
reasons for appeal as well as the Associate Vice 22
Chancellor of Human Resources/designee decision, 23
and 24
25
6.3.2 Shall identify, in writing, why, specifically, the Associate 26
Vice Chancellor of Human Resources/designee 27
decision is being appealed. 28
29
6.4 Either the employee or the appropriate Vice Chancellor may 30
request a personal conference. Any such conference shall be 31
by mutual agreement and held, where possible, within fifteen 32
(15) workdays. Such conference shall be limited to only those 33
matters presented in writing in 6.3.1 and 6.3.2 of the previous 34
step. The unit member is entitled to representation at this 35
conference, but he/she may waive this right. 36
37
6.5 The appropriate Vice Chancellor shall communicate her/his 38
decision, in writing, within fifteen (15) workdays of initial receipt, 39
or ten (10) workdays subsequent to a conference held between 40
the parties, whichever is the longer period. The appropriate 41
Vice Chancellor’s decision is final and binding. 42
43
6.6 Failure of the unit member to comply with the time limits at any 44
step shall forfeit all rights to further processing. District’s failure 45
to respond within time limits constitutes an automatic denial 46
ARTICLE 11 PERSONNEL FILES
25
and automatically entitles the petitioner to proceed to the next 1
step. Time is of the essence in all steps; time limits and steps 2
may be waived by mutual agreement. 3
4
7. Material excluded from review by the unit member and the Association 5
includes ratings, reports and records obtained prior to the employment 6
of the unit member and any other material related to application for 7
other positions in the District. Where inconsistent with the law, this 8
subsection shall not apply. 9
10
8. Upon request by a unit member, copies of any material which he/she 11
is entitled to review shall be made for her/him. The first copy of 12
material used by the District in any disciplinary, dismissal, or grievance 13
proceeding will be provided at no cost. Any other copies will be at 14
cost. 15
16
9. The District shall inform each unit member requesting to see her/his 17
file of the existence of those records maintained separately. Where a 18
unit member specifically requests to review those official records, the 19
District shall provide for such review. 20
ARTICLE 12 WORK ENVIRONMENT
26
A. The District shall comply with all health and safety regulations of the California 1
Occupational Safety and Health Act of 1991 as applied to California community 2
colleges. Unit members will actively participate in these compliance efforts, 3
including reporting any work environmental issues to their supervisor and to other 4
appropriate offices. 5
6
B. The District shall make reasonable efforts to provide adequate clerical support to 7
unit members. Where clerical support assistance is not available or timely, 8
Department Chairpersons may contact their appropriate Dean, who shall assess 9
the situation and make reasonable efforts to accommodate as warranted by the 10
situation. 11
12
C. To the extent practicable, the District shall inform DCC and affected Department 13
Chairpersons in writing prior to implementation of plans affecting the level of 14
classified support received by unit members. DCC may request consultations 15
within ten (10) workdays after notification. 16
ARTICLE 13 LEAVES
27
1
A. Unit members shall receive paid and unpaid leave benefits in accordance with the 2
current District/AFT Contract. No Department Chair compensation (detailed in 3
Article 16.A.2) shall be paid to a unit member while on a sabbatical leave. 4
Department Chairpersons in a categorically funded status shall receive paid and 5
unpaid leave benefits in accordance with the provisions of their applicable grant 6
contracts. 7
8
B. A unit member on a leave for no more than eight (8) consecutive regularly scheduled 9
workweeks shall have the right to return to her/his Department Chairperson position 10
after such a leave. He/she shall continue to receive the Department Chairperson 11
compensation during this leave unless (1) a Dean selects a temporary replacement 12
in accordance with Article 14.I, or (2) the Dean temporarily assumes the duties and 13
responsibilities of the Department Chairperson who is on leave. In either event, the 14
Dean shall complete the appropriate form (Appendix F) and the Department 15
Chairperson compensation protion of the salary shall be suspended. The 16
Association shall be immediately informed in writing when such temporary 17
replacements occur. 18
19
C. For leave requests of more than eight (8) consecutive regularly scheduled 20
workweeks during a semester, the District shall decide at the time the leave is 21
requested whether or not the unit member will be allowed to resume her/his position 22
upon return from the leave, except where otherwise provided by law. 23
24
1. The unit member may, upon her/his request, have a personal conference with 25
the Dean as part of the leave application process. 26
27
2. If the leave is granted without the condition that the unit member may not return 28
to her/his duties upon return from leave, then the unit member may return to 29
her/his duties upon return from leave. 30
31
3. If the leave is granted with the condition that the unit member may not return to 32
her/his duties upon return from leave, then the Dean must indicate in writing the 33
reasons for this decision. The Dean’s statement of reasons must be included in 34
or attached to the District’s letter in which the leave is granted. Within ten (10) 35
workdays of receipt of the Dean’s decision, the unit member may withdraw the 36
leave application. No unit member shall be removed from her/his position as a 37
result of a leave application that is withdrawn pursuant to this provision. A unit 38
member who withdraws her/his leave application may appeal the Dean’s 39
decision under Article 13.C.5. 40
41
4. If the leave request is denied, then the Dean must indicate in writing the reasons 42
for this decision. The Dean’s statement of reasons must be included in or 43
attached to the District’s letter in which the leave is denied. 44
45
ARTICLE 13 LEAVES
28
5. Within ten (10) workdays of receipt of the Dean’s decision to either deny the 1
leave or to grant the leave with the condition that the unit member may not return 2
to her/his duties upon return from the leave, the unit member may appeal to the 3
appropriate Vice Chancellor. The Vice Chancellor must respond within ten (10) 4
workdays of receipt of the unit member’s appeal. Within ten (10) workdays of 5
receipt of the Vice Chancellor’s response, the unit member may appeal to the 6
Chancellor. The Chancellor must respond within ten (10) workdays of receipt 7
of the unit member’s appeal. The Chancellor’s decision shall be final. 8
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
29
1
A. The procedures outlined below are designed to assure that the selection of a 2
Department Chairperson reflects the needs of faculty in the department as well as 3
the needs of management. Selection of all Department Chairpersons shall be a 4
management prerogative, subject to the following procedures: 5
6
B. Election - The procedure outlined in Article 14.C through 14.K. below shall apply to 7
all departments except cross-curricular departments. Cross-curricular departments 8
shall follow the procedure outlined in 14.L and the provisions of 14.E and 14.F. 9
10
C. Eligibility to Serve - Eligibility to serve as Department Chairperson shall be limited to 11
12
1. Full-time faculty members of the department who are tenured or tenure-13
tracked and who have taught/worked the majority of their load during the 14
current and immediately preceding semesters in the involved department. 15
For the purpose of this Article, sabbatical leave shall be considered 16
"teaching/working." 17
18
2. Part-time faculty shall be eligible to serve in special circumstances with prior 19
mutual agreement between DCC and District. 20
21
D. Eligibility to Vote - Eligibility to vote in Department Chairperson elections shall be 22
limited to 23
24
1. Those full-time faculty (including categoricals) who have taught/worked the 25
majority of their load in the department during the current and immediately 26
preceding semesters. For the purpose of this Article, sabbatical leave shall 27
be considered "teaching/working," and those on sabbatical leave during the 28
current semester shall be polled by mail at their last known address. 29
30
2. Those part-time faculty and long-term substitutes (including categoricals) 31
who have taught/worked the majority of their load in the department during 32
the current semester and have taught in any department in any two preceding 33
semesters. Such faculty shall be entitled to one-half (½) of a vote. 34
35
E. Voting Procedure - Where, in a current or newly-formed department, due to 36
resignation, retirement, end of term, or removal for adverse cause, a Department 37
Chairperson position is open, all faculty in the department shall be so informed in 38
writing, and those faculty eligible to vote shall express their preference in the 39
following manner: 40
41
1. Two lists of faculty in the department shall be compiled by the Human 42
Resources Office and verified by the DCC by September 15, using the forms 43
in Appendices D-1 and D-2: a list of those eligible to serve as chairperson, 44
and a list of those eligible to vote. 45
46
2. The official list of those eligible to serve as Department Chairperson, along 47
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
30
with a small envelope and a large envelope, shall be sent to all faculty 1
members of the department who are eligible to vote by October 15. Each 2
eligible voter shall cast one (1) vote (or one-half (½) vote) for her/his choice 3
for Department Chairperson, and 4
5
2.1 Place the completed form in the small envelope, and seal; 6
7
2.2 Place the small sealed envelope in the large envelope bearing her/his 8
name, sign under the printed name, and seal; 9
10
2.3 Return the envelope to the polling box within two (2) calendar weeks 11
from the original date of mailing. 12
13
3. Ballots shall be opened and tallied by one District representative and one 14
DCC representative within the three (3) workdays following the voting 15
deadline. 16
17
4. Following the tally, the DCC and the Human Resources Office shall each 18
notify the individual of her/his election by the department, but not the vote 19
counts. The results of the voting shall be confidential except that, within 20
four (4) workdays of the tally, the overall vote totals (percentage) shall be 21
available for scrutiny at the Human Resources Office by those receiving 22
votes. 23
24
5. If no candidate receives greater than 50% of the vote, a run-off election shall 25
be held between the top two (2) candidates, following the procedure outlined 26
above in 14.E.2-3. In unusual situations that do not fit this formula, those 27
candidates to be included in the run-off election shall be determined in 28
consultation between the District and the DCC. Run-off elections shall be 29
held as quickly as practical. 30
31
F. Interview by the Chancellor /Designee. - The results of the election shall be 32
forwarded to the Chancellor/Designee, who shall interview the highest vote-getter. 33
If the second highest vote-getter in the department receives votes within ten (10) 34
percentage points of the candidate with 50% or more of the vote, that person shall 35
be similarly interviewed by the Chancellor/Designee. The appointment shall be 36
made before the end of November, unless a run-off or second election requires the 37
extension of this deadline. 38
39
40
G. Appointments 41
42
1. If the Chancellor/Designee accepts the qualifications of (one of) the 43
individual(s), that individual shall be officially named Department Chairperson 44
for a three-year term. 45
2. If the Chancellor/Designee has cause, the Chancellor/Designee may appoint 46
the individual to a one-year term. The Chancellor/Designee and the Dean 47
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
31
shall meet with the individual, who may be accompanied by a DCC 1
representative, to explain the cause. During this one-year term, a routine 2
evaluation shall be conducted in accordance with Article 10. 3
4
2.1 If the evaluation is satisfactory, the individual shall be appointed to the 5
remaining years of the term. 6
7
2.2 If the evaluation is “needs improvement, Article 10.G will not be 8
invoked. The appropriate Vice Chancellor may decide to continue the 9
individual’s appointment as Chair. If the appropriate Vice Chancellor 10
decides not to continue the individual’s appointment, the Department 11
Chairperson shall resign and an election to fill the remainder of the 12
term shall be held. The appropriate Vice Chancellor and the Dean 13
shall meet with the individual, who may be accompanied by a DCC 14
representative, to explain the basis for the decision. 15
16
2.3 If the evaluation is unsatisfactory, Article 10.H will not be invoked. 17
The Department Chairperson shall resign and an election to fill the 18
remainder of the term shall be held. The appropriate Vice Chancellor 19
and the Dean shall meet with the individual, who may be 20
accompanied by a DCC representative, to explain the basis for the 21
decision. 22
23
3. If the Chancellor/Designee determine not to appoint the individual referred to 24
them, that individual shall be entitled to subsequently meet with the 25
Chancellor/Designee for the purpose of hearing the Chancellor/Designee's 26
rationale for not appointing the individual. The individual shall be entitled to 27
Association representation at any meeting held between the 28
Chancellor/Designee and the individual not being appointed. 29
30
4. The parties agree to collaborate on a training program for new Department 31
Chairpersons. 32
33
H. Department Chairpersons’ Terms of Office 34
35
1. Department Chairpersons serve a three-year term, except as provided for 36
in Sections G.2, I, and K. 37
38
2. Selection Procedure Conducted in 2023/24. 39
40
Art 41
Asian Studies 42
Asian American Studies 43
Astronomy 44
Chemistry 45
Computer Networking and Information Technology 46
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
32
Culinary Arts and Hospitality Studies 1
Dental Assisting 2
Earth Sciences 3
English 4
English as a Second Language 5
Journalism 6
Lesbian, Gay, Bisexual and Transgender Studies 7
Library and Learning Resources 8
Library Information Technology 9
Physics 10
Radiologic Sciences 11
12
3. Selection Procedure Conducted in 2024/25. 13
14
Biological Sciences 15
Broadcast Electronic Media Arts 16
Child Development and Family Studies 17
Cinema 18
Disability Services & Programs for Students 19
Fashion 20
Interdisciplinary Studies 21
Latin American and Latina/o/e/x Studies 22
Learning Assistance 23
Mathematics 24
Nursing – Registered 25
Older Adults 26
Social Sciences 27
Transitional Studies 28
Visual Media Design 29
World Languages and Cultures 30
31
4. Selection Procedure Conducted in 2025/26 32
33
Administration of Justice/Fire Science 34
African American Studies 35
Aircraft Maintenance Technology 36
Automotive, Motorcycle, and Building Maintenance 37
Behavioral Sciences 38
Business 39
Communication Studies 40
Community and Public Health 41
Computer Science 42
Counseling Services & Programs 43
Educational Technology 44
Engineering and Architecture 45
Environmental Horticulture and Floristry 46
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
33
Health Care Technology 1
Kinesiology, Athletics, and Dance 2
Labor and Community Studies 3
Music and Theatre Arts 4
Nursing, Licensed Vocational 5
Philippine Studies 6
Photography 7
Student Health Services 8
Women’s and Gender Studies 9
10
11
I. Temporary Appointments - Where a Department Chairperson's position is vacated 12
during the current term of office, 13
14
1. If the vacancy is for more than two (2) semesters, the new Chairperson shall 15
be selected in accordance with the preceding procedures, which shall be 16
implemented within four (4) weeks of the vacancy being declared. The 17
appropriate Vice Chancellor has discretion to select, on an interim basis for 18
service until implementation of the regular selection process is completed, 19
the candidate he/she deems to be most qualified, while giving priority to: 1) 20
member(s) within the department recommended by the vacating 21
Department Chairperson, 2) other eligible faculty members within the 22
department as defined in 14.C or 14.K, 3) faculty in related departments, 4) 23
faculty from another department. 24
25
2. If the vacancy is of two (2) or fewer semesters, the appropriate Vice 26
Chancellor, Associate Vice Chancellor (as applicable) and the Dean shall 27
appoint an interim Department Chairperson within twenty (20) workdays of 28
the vacancy being declared. The appropriate Vice Chancellor has discretion 29
to select the candidate he/she deems to be most qualified, while giving 30
priority to: 1) member(s) within the department recommended by the 31
vacating Department Chairperson, 2) other eligible faculty members within 32
the department as defined in 14.C or 14.K above, 3) faculty in related 33
departments, 4) faculty from another department. 34
35
3. If the vacancy is of two (2) or fewer semesters, the appropriate Vice 36
Chancellor, Associate Vice Chancellor (as applicable) and the Dean shall 37
notify the DCC and the involved department's faculty, in writing, within ten 38
(10) workdays of the appointment. 39
40
4. In the event of a vacancy occurring in a Department Chairperson position for 41
any reason, an existing Department Chairperson shall not be assigned 42
temporarily to cover that position without her/his written consent. 43
44
J. Resignation 45
46
1. The resignation of a Department Chairperson from her/his Department 47
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
34
Chairperson's position shall be in writing and submitted to the Dean with a 1
copy to the Vice Chancellor and Associate Vice Chancellor as applicable. 2
3
2. Where the Department Chairperson is also resigning from the District, such 4
resignation shall be in writing and in accordance with contract provisions in 5
the District/AFT Contract. 6
7
K. Probationary Faculty 8
9
1. A probationary faculty member may not be appointed to a term of office as a 10
Department Chairperson that would exceed the period of her/his faculty 11
contract. A second and/or third year appointment would not require a new 12
vote/consensus procedure. 13
14
L. Cross-curricular Selection Procedure/Eligibility 15
16
1. The Cross-curricular Departments are: 17
18
African American Studies 19
Asian Studies 20
Asian American Studies 21
Interdisciplinary Studies 22
Latin American and Latina/o/e/x Studies 23
Lesbian, Gay, Bisexual and Transgender Studies 24
Philippine Studies 25
Women's and Gender Studies 26
27
2. Eligibility to Serve and Voting Rights - Any current faculty member who was 28
eligible and scheduled to teach a course listed by a cross-curricular 29
program/disciplines in any of the last four (4) semesters is eligible to vote in 30
that department's voting (14.D and 14.E). Full-time faculty who meet this 31
criterion are eligible to serve as Department Chairpersons of cross-curricular 32
departments. Department Chairpersons of cross-curricular departments shall 33
submit a list each semester of the faculty who are teaching in their 34
departments. 35
36
2.1 In special circumstances, DCC and District may agree to include part-37
time faculty as eligible to serve as Department Chairpersons. One such 38
circumstance may be when the eligible full-time faculty members are 39
unable or unwilling to serve as Department Chair. 40
41
2.2 In special circumstances, DCC and District may agree to include 42
instructionally related faculty (librarians and counselors) as eligible to 43
vote and/or to serve as Department Chair. The special circumstances 44
shall include a certification by the incumbent Department Chairperson 45
that the instructionally related faculty have been making significant 46
contributions to the department. 47
ARTICLE 14 ELECTION/SELECTION OF DEPARTMENT CHAIRPERSONS
35
1
3. Voting procedure shall follow Article 14.E, above. 2
3
4. Individual faculty members may attain eligibility to vote or serve in more than 4
one cross-curricular department by meeting the criteria above. 5
6
5. Interviews by the appropriate Vice Chancellor, Associate Vice Chancellor 7
(as applicable) and the Dean shall follow Article 14.F, above. 8
ARTICLE 15 WORK YEAR/WORK WEEK/ASSIGNMENT AND CLASS SIZE
36
A. Work Year 1
2
1. Calendar 3
4
1.1 A unit member shall serve on only one of the instructional calendars 5
(e.g., credit, non-credit, apprenticeship) for scheduled academic 6
employees as contained within the current District/AFT Contract. 7
However, Student Services chairpersons may work on the Counseling 8
Calendar whenever agreed to in advance by the Department 9
Chairperson and the administrator to whom he/she reports. 10
11
2. Work Outside of Calendar 12
13
2.1 Additional Work Year Requirements – if contacted by the appropriate 14
dean a Department Chairperson shall be available in person, on site, 15
or by telephone, or email for days outside her/his appropriate calendar 16
without additional compensation as follows: 17
18
2.1.1 Four working days immediately prior to the Spring semester 19
professional flex day. 20
21
2.1.2 Four working days immediately prior to the Fall semester 22
professional flex day. 23
24
2.1.3 Three working days immediately prior to the start of the 25
summer session classes and the first two days of the summer 26
session, if the department is offering classes during the 27
summer. 28
29
A Department Chairperson shall submit in writing to her/his 30
Dean details of their availability for these periods no later than 31
fifteen (15) workdays prior to the end of the fall and spring 32
semesters, The Department Chair may also include the name 33
of the alternate to be contacted if the Department Chairperson 34
cannot be reached. 35
36
Supervising Deans will endeavor to work with Department 37
Chairs when recommendations that would normally be made 38
by the department chairperson need to be made outside the 39
days noted above, however, if a Department Chair is not 40
available, after allowing a reasonable time for response, the 41
Supervising Dean will take actions as needed. 42
43
ARTICLE 15 WORK YEAR/WORK WEEK/ASSIGNMENT AND CLASS SIZE
37
2.2 Absent good cause, each Department Chairperson shall participate in 1
the College-wide Graduation dressed in ceremonial robes (to be 2
provided by the District as necessary). When graduation occurs on a 3
workday, that day will count as one of the four mandatory summer 4
workdays for Department Chairpersons who attend graduation. 5
2.3 Any additional days and/or hours of fiscally compensated service (over 6
and above 15.A.1 and 15.A.2 above) shall be only as required by a 7
categorical grant or as mutually agreed between the involved unit 8
member and the Dean. (See Article 16.B.) 9
10
B. Work Week/Work Load 11
12
1. Unit members who are full-time faculty shall work on site(s) five days a week. 13
Part-time unit members shall work on site(s) as arranged with their Dean. 14
15
2. Unit members in contract or regular District status shall work the same 16
equated load as members of the regular faculty. This will comprise 17
supervisory hours and, where applicable, teaching hours. There will be an 18
equated 15-unit workload each week for unit members. 19
20
Supervisory duties are based on 35 hours/week = 15 units 21
22
Counseling/Student Services duties 23
are based on 30 hours/week = 15 units 24
25
Credit Lecture classes are based on 15 hours/week = 15 units 26
27
Non-credit classes are based on 25 hours/week = 15 units 28
29
Instructionally related assignments 30
are based on 35 hours/week = 15 units 31
32
3. The current workweek for unit members is: 33
34
1) 15-unit Weekly Base Load 35
36
2) 2.33 hours per week equal to each 1 unit of supervisory reassigned 37
units 38
39
ARTICLE 15 WORK YEAR/WORK WEEK/ASSIGNMENT AND CLASS SIZE
38
WEEKLY SUPERVISORY
REASSIGNED UNITS
WEEKLY SUPERVISORY
WORK HOURS
WEEKLY TEACHING/
FACULTY UNITS
3 7 12 1
4 9.33 11 2
5 11.66 10 3
6 14 9 4
7 16.33 8 5
8 18.66 7 6
9 21 6 7
10 23.33 5 8
11 25.66 4 9
12 28 3 10
13 30.33 2 11
13.5 31.46 1.5 12
14 32.66 1 13
15 35 0 14
15
C. Maximum Release Time 16
17
All unit members must perform regular faculty service in their area equivalent to at 18
least one workload unit per year as part of their regular load. 19
20
D. Assignments/Class Size 21
22
Unit members who teach shall determine the courses, hours, and days that they will 23
teach subject to the approval of their immediate dean. Courses taught shall be 24
governed by the provisions of the District/AFT Contract relating to load, class size, 25
and teaching units. 26
27
Unit members in non-instructional areas (for example, counseling, librarian services, 28
student health services, education technology, etc.) shall determine their schedules 29
subject to their Dean’s approval, per the provisions of the District/AFT Contract. 30
ARTICLE 16 COMPENSATION
39
A. Compensation 1
2
1. Compensation for Department Chairpersons shall consist of the sum of the 3
applicable provisions of the District/AFT Contract combined with the tables in A.2 4
below and shall be divided into twelve (12) equal monthly payments. 5
6
2. Commencing January 1, 2019, Department Chairpersons shall receive the 7
compensation reflected in the table below, based on their years of service and 8
reassigned units provided by Article 17.B. 9
10
11
Reassigned
Units
Year of Service
Step
Year 1
Additional
Compensation
7/1/23
Year 2
Additional
Compensation
7/1/24
Increase by final
State COLA,
minimum of 2%
Year 3
Additional
Compensation
7/1/25
Increase by final
State COLA,
minimum of 2%
3
First year
Step 1
5,089
5,191
5,295
3
After one year
Step 2
6,103
6,225
6,350
3
After two years
Step 3
7,302
7,448
7,597
3
After three years
Step 4
8,319
8,485
8,655
3
After four years
Step 5
9,335
9,522
9,712
3
After five years
Step 6
10,350
10,557
10,768
3
After six years
Step 7
11,370
11,597
11,829
3
After seven years
Step 8
12,390
12,638
12,891
3
After eight years
Step 9
13,410
13,678
13,952
12
6
First year
Step 1
10,168
10,371
10,578
6
After one year
Step 2
11,192
11,416
11,644
6
After two years
Step 3
12,205
12,449
12,698
6
After three years
Step 4
13,221
13,485
13,755
6
After four years
Step 5
14,237
14,522
14,812
6
After five years
Step 6
15,256
15,561
15,872
6
After six years
Step 7
16,272
16,597
16,929
6
After seven years
Step 8
17,296
17,642
17,995
6
After eight years
Step 9
18,315
18,681
19,055
13
9
First year
Step 1
15,257
15,562
15,873
9
After one year
Step 2
16,276
16,602
16,934
9
After two years
Step 3
17,296
17,642
17,995
9
After three years
Step 4
18,310
18,676
19,050
9
After four years
Step 5
19,323
19,709
20,103
9
After five years
Step 6
20,342
20,749
21,164
9
After six years
Step 7
21,355
21,782
22,218
9
After seven years
Step 8
22,378
22,826
23,283
9
After eight years
Step 9
23,400
23,868
24,345
14
12
First year
Step 1
20,346
20,753
21,168
12
After one year
Step 2
21,363
21,790
22,226
12
After two years
Step 3
22,374
22,821
23,277
ARTICLE 16 COMPENSATION
40
12
After three years
Step 4
23,397
23,865
24,342
12
After four years
Step 5
24,410
24,898
25,396
12
After five years
Step 6
25,427
25,936
26,455
12
After six years
Step 7
26,445
26,974
27,513
12
After seven years
Step 8
27,468
28,017
28,577
12
After eight years
Step 9
28,489
29,059
29,640
1
13.5
First year
Step 1
22,890
23,348
23,815
13.5
After one year
Step 2
23,906
24,384
24,872
13.5
After two years
Step 3
24,925
25,424
25,932
13.5
After three years
Step 4
25,940
26,459
26,988
13.5
After four years
Step 5
26,957
27,496
28,046
13.5
After five years
Step 6
27,972
28,531
29,102
13.5
After six years
Step 7
28,988
29,568
30,159
13.5
After seven years
Step 8
30,010
30,610
31,222
13.5
After eight years
Step 9
31,030
31,651
32,284
2
3
3. Department Chairpersons shall be credited, for purposes of placement on the 4
tables in A.2 above, with the number of previous years of service in a Department 5
Chairperson position. 6
7
4. Such Department Chairperson compensation for reassigned units are for a full 8
instructional calendar year of performance of Department Chairperson duties and 9
responsibilities. Department Chairperson compensation for service of less than 10
a full year shall be prorated to the number of days served in relation to the service 11
days required in the instructional calendar, except for the provisions stated in 12
Article 13.B. 13
14
5. In no case shall any Department Chairperson receive additional Department 15
Chairperson compensation for Department Chairperson duties and 16
responsibilities in more than one department. 17
18
6. District shall pay during each academic year, for those who are members, District 19
contribution to the State Teachers’ Retirement System or the San Francisco City 20
and County Employee’s Retirement System for all compensation. 21
22
23
B. Extra Pay for Work Beyond the Appropriate Calendar 24
25
All hours/days worked by Department Chairpersons in excess of the Work Year 26
(Article 15.A) shall be eligible for compensation only with mutual agreement between 27
a Department Chairperson and her/his immediate Dean, or, where applicable, as 28
required by a categorical grant. The supervising administrator must give prior 29
approval for extra pay for Department Chairperson duties to be completed outside 30
ARTICLE 16 COMPENSATION
41
the appropriate calendar, and Department Chairpersons must submit a timesheet 1
identifying work completed. 2
3
Such compensation shall be at the credit instructional or counseling overload hourly 4
rate applicable in accordance with the compensation provided in the current 5
District/AFT Contract if the work performed by the Department Chairpersons is 6
supervisory in nature. All other hours of non-supervisory work performed by 7
Department Chairpersons shall be at the instructionally-related hourly rate in 8
accordance with the compensation provided in the current District/AFT Contract. 9
10
C. Overload 11
12
Department Chairpersons, with the approval of the immediate dean, may teach/work 13
one overload class or its equivalent each semester at the appropriate salary rate. 14
Such overload assignments shall not exceed six (6) hours in any academic year. 15
Exceptions may be made only with the approval of the appropriate Vice Chancellor. 16
An additional overload class of three (3) hours, provided it is scheduled in the evening 17
or on Saturday, shall be given due consideration by the administration. The annual 18
total of overload assignments shall not exceed twelve (12) hours in any academic 19
year, with no carryover of these hours from year to year. 20
21
D. Payment Policy 22
23
1. Installments - A Department Chairperson on an annual salary basis, who has 24
served a complete school year in a contract or regular status, shall be paid in 25
twelve (12) equal monthly installments. A Department Chairperson in a 26
categorically funded full-time status may be paid in twelve (12) equal monthly 27
installments, or in accordance with the terms of a grant contract. 28
29
2. Less Than Full Work Year - A District contract or regular scheduled employee 30
who serves less than a full work year shall receive as salary only an amount 31
that bears the same ratio to the established annual salary for the position as 32
the number of working days he/she serves bears to the total number of work 33
year working days specified in this contract. 34
35
A Department Chairperson who serves less than a full work year shall have 36
her/his annual salary divided into equal installments if possible. 37
38
E. Professional Growth 39
40
Department Chairpersons shall receive the professional growth benefits in 41
accordance with the District/AFT Contract provisions. 42
43
ARTICLE 16 COMPENSATION
42
For attendance at professional meetings related to the Duties and Responsibilities 1
described in Article 8 and Appendix G, Department Chairpersons shall also be 2
eligible to apply for administratively assigned travel funds. 3
F. Substitute Teaching 4
5
It is not the responsibility of Department Chairpersons to teach the classes of 6
instructors who are absent. However, where consistent with the policy on class 7
substitutions, and where no qualified instructor can be located, the Department 8
Chairperson may substitute in the instructor's classes. Monetary compensation for 9
such substitution shall be the same as that received by instructors normally 10
substituting for such classes. 11
12
G. Retirement 13
14
Department Chairpersons in District regular or contract status shall retain the same 15
retirement benefits as regular and contract academic employees consistent with their 16
status as determined by the State Teachers' Retirement System or the San Francisco 17
City and County Employees' Retirement System, and relevant Education Code 18
provisions. 19
ARTICLE 17 REASSIGNED TIME
43
1
A. FTES and FTEF for disciplines - The reassigned units assigned to Department 2
Chairpersons for their duties and responsibilities for a given academic year shall be 3
determined by FTES (Full-Time Equivalent Students) or FTEF (Full-Time Equivalent 4
Faculty) as defined below. Such figures shall be verified by DCC prior to 5
implementation by the District. 6
7
1. FTES shall include the FTES for resident, non-resident, and international 8
students for all classes in a department. 9
10
FTES for the academic year shall be determined by summing the fall, spring, 11
and the following summer of the academic year. 12
13
FTES generated by an individual class shall be counted in only one department. 14
15
2. FTEF shall be determined by the full-time equivalent instructional and/or 16
instructionally related assignments in the department including day, evening, 17
and weekend instructional and/or instructionally-related assignments of both 18
full-time and part-time academic personnel, each academic semester, as of the 19
first census day. 20
21
FTEF for the academic year shall be determined by summing the fall, spring, and 22
the following summer of the academic year. 23
24
FTEF shall be counted in only one department. 25
26
B. Reassigned Units for Department Chairpersons 27
28
29
1. The following table shall be used in determining the reassigned units for all 30
Department Chairpersons, including terms that begin in August 2019: 31
32
Annual
Department
FTES
Annual
Department
FTEF
Reassigned
Units per
Semester
Under 220
Under 13
3.0
220 to 440
13 to 26
6.0
440 to 880
26 to 52
9.0
880 to 2,200
52 to 135
12.0
2,200 or more
135 or more
13.5
33
Refer to Appendix A-2 for a list of departments. 34
35
ARTICLE 17 REASSIGNED TIME
44
The DCC and the College administration have a shared interest in increasing both 1
enrollment and productivity. Aligned with state apportionment formulas, the overall 2
college productivity goal is 17.5 (FTES divided by FTEF). 3
4
Where department FTES and FTEF would yield different amounts of reassigned 5
units, the higher reassigned units shall be used. 6
7
The reassigned units for a Department Chairperson shall be determined in the year 8
of selection (as noted in Article 14.H) based on the FTES and FTEF values of the 9
academic year immediately preceding the selection year. 10
11
Reassigned units shall remain constant for the three-year Department Chairperson 12
term, regardless of changes during that term to Department FTES and FTEF, or 13
any temporary chairperson appointments made pursuant to Article 14.I. 14
15
For the duration of this agreement, reassigned units for Department Chairpersons 16
shall not drop below the values calculated based on FTES and FTEF figures from 17
the 2019-2020 academic year. 18
19
20
C. Additional Reassigned Units (formerly Extra Specific Reassigned Units ESRU) 21
22
Additional Reassigned Units over and above those assigned pursuant to the base 23
formula in Article 17.B. may be allocated to the department by the Vice Chancellor 24
of Academic Affairs. Such additional reassigned time is designed to recognize 25
additional work required by department chairpersons that is not reflected in the 26
base formula, and/or additional work performed by department faculty in support 27
of the department chairperson. All additional reassigned time for departmental 28
activities that fall within the Department Chairperson’s contractual responsibilities 29
(Article 8 and Appendix G) shall be evaluated using the process indicated below. 30
31
Department Chairpersons may make requests for renewal of existing additional 32
reassigned units or for new additional reassigned units. Requests must specify 33
whether the additional reassigned units are for the Department Chairperson or for 34
department faculty, the applicability of the request to the complexity factors listed 35
below, and the duration of the requested units. 36
37
Requests must be made in writing to the Vice Chancellor/designee before the end 38
of the fourth week of the Fall semester for the following academic year (e.g. request 39
in Fall 2018 for units to be assigned for the 2019/20 academic year). Requests for 40
additional reassigned time may also be made at other times when sudden, 41
extenuating circumstances arise. 42
43
The Vice Chancellor must respond to the requests in writing by the end of the 44
seventh week of the semester. The response shall specify the duration and amount 45
of any allocation. 46
ARTICLE 17 REASSIGNED TIME
45
1
Prior to the beginning of each semester the Vice Chancellor/designee shall 2
forward a report of the current distribution of existing additional reassigned units 3
to the DCC and appropriate department chairpersons. Where additional 4
reassigned units are assigned to department faculty, department chairs shall 5
ensure that the details of such assignments are submitted in a timely manner to 6
the Office of Instruction. 7
8
In evaluating requests for additional reassigned units, the Vice Chancellor shall 9
consider, but not be limited to, the following complexity factors: 10
11
1. Academic Program and Student Support. Departments that have distinct 12
programs that require focused coordination and/or student advising; 13
departments that screen student applications. 14
15
2. Unusual Levels of Supervision. Departments that have significant 16
programs at multiple campus/center locations; departments that have a 17
large number of classified support staff; departments where typical 18
department chairperson activities (e.g. schedule development) are 19
significantly complex. 20
21
3. Coordination with External Entities. Departments that have external special 22
accreditation; departments with a high number of clinical placements; 23
departments with a high number of internships/externships. 24
25
4. Physical Environment and Facilities. Departments that require the 26
supervision and maintenance of extensive equipment and discipline-27
specific facilities. 28
29
5. Other. Departments with other complexities not specified above. 30
ARTICLE 18 FRINGE BENEFITS
46
A. Full-time Department Chairpersons will receive fringe benefits in accordance with 1
the provisions of the current District/AFT Contract. 2
3
B. Temporary (part-time) Department Chairpersons who are in the unit will receive 4
fringe benefits in accordance with the provisions of the current District/AFT 5
Contract. 6
ARTICLE 19 GRIEVANCE PROCEDURE
47
A. Purpose - To provide an orderly procedure for reviewing and resolving grievances 1
promptly. 2
3
B. Definitions 4
5
1. Grievance - An allegation by a Department Chairperson that she/he has 6
been adversely affected by a violation of a specific article, section or 7
provision of this Agreement. Exclusions to this process are noted in Article 8
5.B. 9
10
1.1 A grievance, as defined in this Agreement, shall be brought only 11
through this procedure. 12
13
1.2 Action to challenge or change the policies of the District as set forth 14
in the policies, rules and regulations, or administrative regulations 15
and procedures not contained within this Agreement, must be 16
undertaken under processes determined by present existing policies. 17
18
2. Grievant 19
20
2.1 Any unit member with a grievance; 21
22
2.2 Any group of unit members having the same grievance; 23
24
2.3 The Association where there is a specific Association right alleged to 25
have been violated, e.g., use of mailboxes/bulletin boards, use of 26
equipment, Association parking permits, etc. 27
28
3. Day (for purposes of this Grievance Article) - Any day on which the central 29
administrative functions are conducted by the District. 30
31
C. Time Limits 32
33
1. Grievant who fails to comply with established time limits at any step shall 34
forfeit all rights to further application of this Grievance Procedure for that 35
grievance. 36
37
2. District failure to respond within established time limits at any step 38
constitutes denial, and entitles the grievant to proceed to the next step in 39
accordance with established time limits. However, at Procedural Step Two 40
(Administrative Level), the District shall always insure that the grievant 41
receives in writing a detailed explanation for a denial of the grievant's 42
grievance.’ 43
44
3. Time is of the essence in all processing of grievances. 45
46
ARTICLE 19 GRIEVANCE PROCEDURE
48
4. Time limits and procedural steps may be waived by mutual agreement 1
2
D. Other Provisions 3
4
1. Nothing contained herein shall deny to any unit member her/his legal rights 5
under state or federal constitutions and laws. 6
7
2. A unit member may be represented and accompanied by a designee of 8
her/his choosing at any step in this procedure. 9
10
When there are class-action/group grievances, one (1) unit member shall 11
represent, at all steps and levels, the entire group, excepting those 12
specifically not desiring to be included. 13
14
2.1 In all grievance proceedings, except the final step of this procedure, 15
including class-action/group grievances, both the Association and 16
the District shall be limited to a total of three (3) representatives each, 17
unless mutually agreed otherwise. 18
19
3. Any grievance or alleged grievance that occurs during the period between 20
the termination date of this Agreement and the effective date of a new 21
agreement shall be processed under this Grievance Procedure. 22
23
4. The time and date of any meetings at any stage or level of this procedure 24
shall be by mutual agreement among the grievant, her/his designee, and 25
administration. Any such meeting shall, whenever possible, be during non-26
duty hours of the grievant or designee. 27
28
5. Whenever any meeting is agreed to, or required, during the grievant's or 29
designee's regular duty hours, he/she shall be excused with pay for that 30
purpose. 31
32
6. Only matters essential to the proper maintenance of an accurate personnel 33
file may be placed in a Department Chairperson's personnel file. Except for 34
the final remedy, no material used or developed solely for processing a 35
grievance shall be placed in the Department Chairperson's personnel file. 36
37
7. If the grievant chooses to represent herself/himself, the Association shall be 38
given a copy of the grievance at the time of submission at Procedural Step 39
Two. 40
41
When the Association is not the designated representative of a unit member 42
in the Grievance Procedure, the District shall not agree to a resolution of 43
the grievance at any formal step until the Association has received by 44
certified mail a copy of the grievance and the proposed resolution, and has 45
been given an opportunity to file a response. Such response shall be filed 46
ARTICLE 19 GRIEVANCE PROCEDURE
49
by the Association within ten (10) workdays of receipt of such proposed 1
resolution. Failure of the Association to respond within this time period 2
constitutes agreement with the proposed resolution. 3
4
8. The parties shall exchange, upon request, pertinent information necessary 5
or required to process any grievance. 6
7
9. Unit members or designees shall not investigate or prepare grievances 8
during their regular duty-hour assignments except to the extent required in 9
19.D.5. 10
11
10. Grievant shall not be allowed or permitted to assert any new grounds or new 12
evidence beyond Procedural Step Two (Administrative Level) which were 13
not included, in writing, on the original grievance form submitted at 14
Procedural Step Two, unless in direct response to additional items brought 15
up in the written decision(s) of the administrative representative(s). 16
17
E. Procedure 18
19
1. Step One 20
21
1.1 Within twenty (20) workdays of the time a unit member knew or 22
reasonably should have known of the occurrence of an alleged 23
grievance, the unit member shall discuss the alleged violation with 24
the administrator involved. The unit member may be accompanied 25
by a representative. 26
27
1.2 Within ten (10) workdays, if a satisfactory resolution is not reached, 28
the grievant will notify the appropriate Vice Chancellor who will 29
assign an uninvolved administrator to facilitate a second resolution 30
meeting of the unit member and the administrator involved. The 31
process described herein will be accomplished within ten (10) 32
workdays. 33
34
2. Step Two - Administrative Level 35
36
2.1 If a satisfactory resolution is not reached in Step One, the unit 37
member shall submit within five (5) workdays, in writing, on the 38
Statement of Grievance Form--Step Two (Appendix E), the detailed 39
particulars of the alleged violation(s) to the administrator to whom the 40
unit member reports. The administrator shall promptly certify in 41
writing to the grievant the receipt of the grievance form. 42
43
2.1.1 The administrator shall communicate, with substantiating