NON-DISCRIMINATION

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

THE CENTRAL OREGON COMMUNITY COLLEGE BOARD OF DIRECTORS

AND

THE CENTRAL OREGON COMMUNITY COLLEGE FACULTY FORUM

ARTICLE 1 – RECOGNITION

1.1         Parties to the Agreement

         This agreement is between the Central Oregon Community College Board of Directors (hereinafter called the “Board” or the “College”) and the Central Oregon Community College Faculty Forum, (hereinafter called the “Forum”), as the exclusive bargaining agent for members of the bargaining unit (hereinafter called “employe(s)” or “member(s)”) for the purposes of collective bargaining representation, as provided for in ORS 243.650 to ORS 243.782.

1.2         Members of the Bargaining Unit

         The faculty bargaining unit shall consist of all tenure track and full-time faculty members and adjunct faculty employed on an academic year contract approved by the Board.  Department chairs, full-time counselors, and librarians shall also be included.

1.3         Adjunct Instructors

a)           Part-time faculty members who are assigned at the start of the fall term at least 24.5 load units for the succeeding academic year or at least 30 load units for the succeeding calendar year shall be recognized as members of the bargaining unit and given a yearly Notice of Appointment as adjunct instructors.

b)          The qualifying load units shall include both teaching and other assignments, as determined mutually by the Faculty Forum and the administration.

c)          Provided, however, only the following benefits of this agreements specified below, shall apply to adjunct faculty members and no other benefits of conditions of this agreement shall accrue to them.

d)             In the event actual load units fall below the projection, the adjunct faculty members will maintain both benefits and unit membership for the duration of the period specified in the Notice of Appointment.

e)       Adjunct faculty members shall be subject to the provisions of Article 10.

f)            Reduction in Force.  In the event the college determines a reduction in force is necessary (as provided in Article 11) adjunct and part-time faculty in an academic discipline will be laid-off before any full-time faculty in the same academic discipline are laid off.  Laid-off adjunct and part-time faculty shall have no reemployment rights or property interest in reemployment.

g)          The renewal of an adjunct member’s employment is entirely at the discretion of the College.  Except for the provisions of Article 10, adjunct faculty shall have no property interest in their employment with the College.

h)          Adjunct members shall be covered under the provisions of Articles 1.5, 2.2, 3, 4, 5 (except any grievance from such member shall end at the Board of Directors level for all contractual purposes), 8.3 through 8.5 and 14.1

i)            The College will provide up to ninety percent (90%) of one-half (1/2) the cost of the insurance program for the adjunct faculty members.

1.4         Exclusions from the Bargaining Unit

Vice-President/deans, all persons on a notice of appointment (other than those members covered in 1.3 above), confidential and supervisory employes, and all individuals on the administrative salary schedule shall not be included in the bargaining unit and no provision of the Agreement shall apply to them unless specifically so stated.

1.5         Academic Freedom

The College and the Forum agree that academic freedom is essential to the fulfillment of the purposes of education, and they acknowledge the fundamental need to protect employes from censorship or restraint which might interfere with their obligations to pursue truth in the performance of their teaching and research functions.  Thus, (1) a member is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of his/her other academic duties, and (2) a member is entitled to freedom in the classroom in discussing the subject(s) he/she is assigned, but he/she will be careful not to introduce into his/her teaching controversial matter which has no relation to the subject of the course.

ARTICLE 2 – FORUM SECURITY

2.1         Dues Deduction

Upon written request, members of the bargaining unit may have monthly dues deducted from their paychecks.  Such deduction will continue until the College has been notified, in writing, by the member that the deduction is to be changed or terminated.  Such dues shall be paid in the aggregate to the Treasurer of the Forum, the total amount so deducted accompanied by a listing identifying the members for whom the deductions are being paid.

2.2         Payment in Lieu of Dues

(a)      Any member of the bargaining unit who has not requested voluntary deductions of Faculty Forum Dues under 2.1 above or who has not certified in writing to the College that he/she has paid such Forum dues directly to the Forum shall be subject to a representation fee as defined in ORS 243.650 (10) and (16) and ORS 243.666 (1) and shall be subject to the provisions of this section.

(b)         Such requests for payroll deductions or certification of direct payment of Forum dues shall be made by the fifteenth (15) day of the month following ratification of this Agreement.

(c)     The College shall deduct such representation fee, which shall be equal to the total dues paid by Forum Members.

(d)     The Forum and members of the bargaining unit agree to indemnify, defend, and hold the College harmless of all actions it takes in connection with the provisions of Sections 2.1 and 2.2 of this Article.

2.3         Nonjeopardy

The College and the Forum recognize the right of each member of the faculty to join or refrain from joining the Forum, and neither the College nor the Forum will discriminate against any employe because of his/her membership or nonmembership in the Forum.

2.4         Forum Communications and Use of College Facilities

(a)     The Forum will be allowed the use of the facilities of the College.

(b)     The Forum shall notify the College when services should be charged to the Forum.

(c)     The Forum President may submit items for a Board meeting agenda provided that a written request, along with any background materials, is filed with the College President in accordance with current Board deadlines.

(d)     Copies of the agendas and the minutes of Board meetings will be furnished to Forum members at the same time as to the Board of Directors.

(e)     The College will provide the Faculty with copies of the College policy changes which are being considered and which substantively affect faculty positions or significantly affect instruction prior to the Board of Directors meeting where the change is being proposed.

ARTICLE 3 – MANAGEMENT RIGHTS

3.1         Reservation of Management Rights

The parties of this Agreement recognize that the College retains and reserves to itself all rights, powers, duties, authority and responsibilities conferred on and invested in it by the laws of the State of Oregon and the Administrative Rules of the Oregon State Board of Education.  The parties further recognize that the expressed terms of this Agreement shall be controlling over any College policy, administrative rule and regulation, and individual contract with any member of the bargaining unit which may be, in whole or in part, in conflict with the expressed terms of this Agreement.  All management rights and those rights not modified or abridged by the expressed terms of this Agreement are reserved to the College.

ARTICLE 4 – NO STRIKES AND LOCKOUTS

4.1         Prohibited Activities

Inasmuch as there are other means, both by law and through this Agreement, for the resolution of disagreements that may from time to time arise during the term of this Agreement, the College and the forum agree as follows:

(a)        During the term of this Agreement, the College shall not, as a result of a dispute with the Forum, deny employment to any member of the Forum not to any employe covered by the terms of this Agreement.  The foregoing shall not be construed to place any limitations or restrictions on the College’s right to lay off employes, consistent with the terms of this Agreement.

(b)        During the term of this Agreement, the Forum and/or individual employes covered by the terms of this Agreement will not initiate, cause, permit, or participate or join in any strike, work stoppage, slowdown, refusal to report to work, mass absenteeism, or other interruptions or prevention of work or picketing.  In the event of a violation of the above by the Forum or by the members of the bargaining unit, the Forum will immediately, upon notification of the College, secure an immediate and orderly return to work.

(c)        Notwithstanding the above, the College may also discipline, including discharge, any individual employe involved in any of the above defined activities.

ARTICLE 5 – GRIEVANCE PROCEDURE

5.1         Objective

It is the declared objective of Central Oregon Community College and the Forum to strive for a prompt and orderly resolution of all grievances and to provide an orderly and  expeditious procedure for such resolution.

5.2         Grievance Definition

A grievance is hereby defined as a written allegation by a member of the Forum, or the bargaining unit, that there has been a violation or inequitable application of a specific provision(s) of this Agreement by the College.

5.3         Time Limits

(a)     For purposes of this grievance procedure only, the term “work days” or “working days” shall mean days when classes or examinations are scheduled in accordance with the official College calendar.

(b)     The time limits herein specified shall be binding on all parties.

(c)     Time limits may be waived or extended only by written mutual agreement of the grievant and the College and may not be waived or extended by an arbitrator.  However, the parties agree to expedite the procedure whenever possible.

5.4         Administrative Channels

(a)     The College and the Forum agree that every attempt should be made to resolve grievances through informal meetings and discussions within the established administrative channels.

(b)     A faculty member must initiate a grievance by written report to his/her immediate supervisor and to the appropriate Vice-President/Dean with a copy to the Forum.  If the Forum has a grievance, the grievance request must be filed with the appropriate Vice President/Dean or President.  This must be done within five (5) working days of the occurrence of the event or condition that gave rise to the alleged grievance or within five (5) working days from the grievant’s personal bona fide knowledge of the same.

(c)     The faculty member, his/her immediate supervisor (if appropriate), the responsible Vice-President/Dean, and a Forum representative will meet within fifteen (15) working days after the grievance request is filed, with the purpose of resolving the grievance. Upon mutual agreement of the faculty member, the immediate supervisor, and the appropriate Vice-President/dean, other persons may be invited to participate in this meeting.

5.5         Contract Step One

(a)     If the grievance is not resolved informally according to 5.4, then within five (5) working days, the grievant, or the Forum as grievant, shall reduce the grievance to writing, date and sign it, and include the following:  (1)  the total specific factual basis of the grievance;  (2) the specific individuals involved; (3) the provision or provisions of this Agreement allegedly violated or applied inequitably to him/her; and (4) the specific remedy sought which will resolve the grievance.  This first written document shall contain the full and complete statement of the grievance.  After filing, no new allegations may be added.  The document may be amended for clarification only.

(b)     The Vice-President/Dean shall be given the written grievance and will note receipt of the same by countersigning and dating the original.  The Vice-President/Dean shall give a copy of the signed grievance to the grievant.

(c)     The Vice-President/Dean shall respond to the grievance to the grievant, in writing, within five (5) working days after receipt of the signed and dated grievance.

5.6         Contract Step Two

(a)     If the grievance is not resolved to the satisfaction of the grievant after receipt of the Vice-President/Dean’s response in 5.5(c) above, the grievant may submit the written grievance to the President of the College; provided, however, the written grievance must be filed with the President’s Office within five (5) working days after the receipt of the Vice-President/Dean’s response.

(b)     The President shall give his/her written response to the grievance to the grievant within five (5) working days after his/her receipt of the timely filed Contract Step Two written grievance.

5.7         Contract Step Three

(a)     If the grievance remains unresolved to the satisfaction of the grievant after receipt of the President’s written response in 5.6(b) above, the grievant may, within fifteen (15) working days of the receipt of the President’s response, submit a written notice to the President requesting that the grievance be arbitrated.  The written concurrence of the Forum President is required to process any grievance to arbitration.

(b)     Upon receipt of such written request for arbitration, the President and the Forum President, of his/her designee, shall jointly request the participation of the American Arbitration Association under their Expedited Rules of Arbitration.

(c)     The arbitrator shall set a time and place for a hearing on the written grievance mutually satisfactory to the College and the Forum.  The arbitration hearing shall be conducted according to the American Arbitration Association’s Expedited Rules of Arbitration.

(d)     The arbitrator shall hold a hearing on the grievance and, after hearing such evidence as the parties desire to present, and consistent with the terms of this Agreement, the arbitrator shall render a written decision to the parties within thirty (30) calendar days of the hearing.  A decision of the arbitrator shall, within the scope of his/her authority as provided below in 5.7(e) and elsewhere in this Agreement, be binding upon all parties.

(e)     The arbitrator shall neither add to, subtract from, nor modify the terms and provisions of this Agreement.  The arbitrator shall confine his/her decision solely to the application and/or interpretation of this Agreement and to whether or not it has been violated as alleged in the written grievance.

5.8         Miscellaneous

(a)        The names of any witnesses who will be used in arbitration must be made known to the other party at least forty-eight (48) hours prior to the first arbitration hearing.  Issues not presented in the first two Contract Steps above (5.5 through 5.6) may not be presented at Contract Step Three (5.7).

(b)     All costs and expenses (other than the arbitrator’s fees and expenses) including, but not limited to, producing witnesses and evidence, shall be borne by the party incurring such costs, requiring such witnesses, or producing such evidence.  The fees and other expenses of the arbitrator shall be shared equally by the College and the Forum.

(c)     A grievant may be represented at any step of this procedure by himself/herself, or, at his/her option, by a representative of the Forum or a representative of the grievant’s choice.

(d)     Meetings and hearings called for in this grievance procedure shall be held and conducted in private in order to ensure confidentiality to the grievant; provided, however, the hearing under 5.7 (d) above, may be opened to the public if the grievant submits a written request to the College within ten (10) working days prior to the hearing to hold the hearing in public.

(e)     All meetings and hearings held under this grievance procedure shall occur after the regular work day or at other times which do not interfere with assigned duties of faculty; provided, however, the parties may mutually agree to hold the arbitration hearing at a time other than specified herein.

ARTICLE 6 – FACULTY APPOINTMENTS

         The individuals who teach at and for Central Oregon Community College are classified as tenured faculty members, probationary faculty members, temporary faculty members, adjunct faculty members, and part-time instructors.

6.1         Adjunct Faculty Members

The College employs, under a notice of appointment, selected individuals for limited instructional services.  Persons employed in this category shall be provided benefits under the agreement solely as prescribed in Article 1.3. Part-time faculty members who are assigned at the start of the fall term at least 24.5 load units for the succeeding academic year or at least 30 load units for the succeeding calendar year shall be recognized as members of the bargaining unit and given a yearly Notice of Appointment as adjunct instructors.

6.2         Faculty Members

(a)     This category of personnel of the College refers to and is limited to those members whose principal role is providing instructional services on a full-time basis over the full academic year.  This category also includes counselors, librarians, and department chairs whose services are provided on a full-time basis over the full academic year, unless they are specifically contracted in another category of personnel.  This category of faculty member is further subdivided into the following:

(b)     Temporary.  The individual in this category is appointed for a limited period of time, often a single academic year.  Appointment does not, in any way, propose, indicate, or promise a continuation of appointment or a new appointment.  A temporary faculty member shall, during the term of his/her individual appointment, be dismissed only for cause.  Any appeal by the faculty member of such a dismissal shall solely be processed in accordance with the provisions of 6.8 through 6.17 herein.  Notice of nonrenewal is not required for a temporary faculty member.  During this appointment, temporary faculty members are expected to participate in all the departmental and professional activities assumed by tenured and probationary tenure track faculty members except when excused by the Vice-President for Instruction.

(c)     Probationary (Tenure Track).  Appointments to probationary status are for one (1) academic year and are subject to annual renewal solely at the discretion of the College.  A probationary faculty member, during the term of his/her individual academic year appointment, shall be dismissed only for cause; any appeal by the faculty member of such a dismissal shall be processed solely in accordance with the provisions of 6.8 through 6.17 herein  The probationary period at Central Oregon Community College will normally be five (5) consecutive years in duration, with the understanding that each annual appointment is subject to renewal by the College.  Further, in cases where the College finds that a probationary faculty member needs an additional year in which to extend or complete his/her professional competence beyond the completed five (5) academic years, the faculty member’s probationary period may then be extended to include a sixth (6) academic year.  Completion of a probationary period does not automatically confer, promise, or guarantee that the member shall be elevated to tenured status, nor does completion of the probationary period imply, confer, promise, or guarantee future employment.

(d)     Tenured.  Faculty members who have been awarded tenure by the College Board of Directors are in this category.

6.3         Policies

The parties to this Agreement agree that the College reserves unto itself the exclusive right to implement or make changes in the applicable policies and regulation dealing with the acquisition of tenure in all of their aspects as the College deems appropriate; provided, however, that such changes:

(a)     shall not affect the provisions of 6.2 (c), above, during the term of this Agreement;

(b)     shall not affect the provisions of 6.4 through 6.13 below, during the term of this Agreement; and

(c)     shall become effective after prior consultation with the Forum through the established formal committee processes of the College or through any other mutually agreed upon process.

6.4         Conditions of Tenured Status

For those faculty members who have achieved tenured status at a time of the execution of this Agreement and for those faculty members who are awarded tenure during the term of this Agreement, only the following provisions of 6.5 through 6.17 shall apply except as otherwise provided for in this Agreement.

6.5         Notice

The President shall give by September 15 written notice to tenured faculty members of not less than one (1) full, nine-month (9) academic year of intention to dismiss.

6.6         Dismissal or Termination

Appointments with tenure will be thus specified until the retirement of a tenured faculty member and, subject to the procedures and provisions specified in 6.7 through 6.17, such tenured appointments are dismissible only for adequate cause or for reasons outlined in Article 11 – Reduction in Force.  Termination for tenured faculty members under Reduction in Force shall be solely as provided in Article 11.  Adequate cause for the dismissal of a tenured appointment shall be one or more of the following:  grave moral delinquency; lack of mental or physical health for the performance of academic responsibilities; professional incompetency; and/or actions which are by their nature so gross as to render the member unfit to remain as an instructor at the College.

6.7         Dismissal Procedure

         The steps in the dismissal of certain faculty, which follow below in 6.8 through 6.17, are drawn from long-standing principles recognized by the American Association of University Professors and other organizations as befitting the profession, and they are modified herein to meet the specific purposes and intent of this Agreement.

6.8         Preliminary Proceedings

(a)        When the College has reason to question the fitness of a faculty member who has tenure, or a probationary or temporary faculty member whose individual term of appointment has not expired, the appropriate administrative officers shall discuss the matter with the member in a personal conference.  The matter may be terminated by mutual consent after such a conference.

(b)        If an adjustment does not result from 6.8(a), then a review committee elected by the faculty, without any representation from the faculty member’s discipline, shall informally inquire into the situation to effect an adjustment, if possible, and, if none is effected, to determine whether in its view formal proceedings to consider the member’s dismissal should be instituted.

(c)        If the review committee recommends that such proceedings should be begun, or, if the President of the College, even after considering a recommendation of the review committee favorable to the faculty member, expresses his/her conviction that a proceeding should be undertaken, action shall be commenced under the procedures which follow.

(d)        Except where there is disagreement, a statement with reasonable specificity of the grounds proposed for the dismissal should then be jointly formulated by the President and the review committee.

(e)        If there is disagreement between the review committee and the President, the President and his/her designee should formulate the statement called for above.

6.9         Commencement of Formal Proceedings

(a)        The formal proceedings should be commenced by a communication addressed to the faculty member by the President of the College informing the member of the statement formulated and informing him/her that, if he/she so requests, a hearing to determine whether he/she should be removed from his/her faculty position on the basis of the grounds stated will be conducted by a faculty committee at a specified time and place.

(b)        In setting the date of the hearing, the College shall allow sufficient and reasonable time for the member to prepare his/her defense.

(c)        The College shall inform the member in writing of the procedural rights that will be accorded him/her at the hearing.

(d)        The member shall reply in writing to the President as to whether or not he/she desires a hearing on his/her pending dismissal.  If the member requests such a hearing, he/she must, no later than one week prior to the hearing, provide the President a written response to the allegations in the statement of the grounds for his/her dismissal prepared pursuant to 6.8 (d).

6.10      Suspension of a Faculty Member

For the purposes of this Article 6 only, the suspension of a faculty member during the proceedings involving his/her dismissal shall only be justified if immediate harm to the member or to others is created by his/her continuance at work.  Such suspension shall be with pay unless legal considerations force the College to suspend the member without pay.

6.11      Hearing Committee

(a)        The committee of faculty members to conduct the hearing and to reach a decision should either be an elected standing committee not previously concerned with the instant case or a committee established as soon as possible after the provisions of 6.9 (a) have been followed.

(b)        The choice of members of the hearing committee should be made on the basis of their individual objectivity, competence, and the regard in which they are held in the academic community.  The committee shall elect its own chairperson who, with the consent of his/her fellow committee members, shall rule on all questions of procedure during the hearing consistent with the provisions herein.

6.12      Hearing Committee Proceedings

(a)        The committee shall proceed by considering the statement of the grounds for dismissal already formulated and the faculty member's written response filed pursuant to 6.9 (d).

(b)        The committee, in private consultation with the President and the faculty member involved, should exercise its judgment as to whether the hearing should be public or private, but that such determination shall not violate applicable state statutes nor the provisions of 6.13 (c), 6.14 (c), and 6.15, herein.

(c)         If on the record before the committee any facts as put forth in the statement for the grounds for dismissal and the member’s written response thereto are in dispute, the testimony of witnesses and other evidence concerning the matter may be received by the committee during the course of the hearing.

(d)        The President has the option of attendance during the hearing.  He/she may also designate an appropriate representative to assist or represent the College in developing and presenting the case against the faculty member.

(e)        The committee should determine the order of proceedings, should normally conduct the questioning of witnesses, and, if necessary, should assure the presentation of evidence important to the case.  The committee may select other arrangements that it determines will ensure a fair and equitable hearing of the charges.

(f)          The faculty member shall have the option of assistance of counsel or other representative of his/her choice, whose functions will be similarly accorded to the representative of the College.

(g)        The faculty member shall also have the additional procedural right (from the 1940 Statement of Principles on Academic Freedom and Tenure with 1970 Interpretive Comments) of presenting evidence or testimony from teachers and other scholars, either from Central Oregon Community College or from other institutions, if one (1) or the only charge against him/her is professional incompetence.

(h)        The faculty member and the College shall have the assistance of the committee when needed in securing the attendance of witnesses at the hearing, consistent with this article.  Further, the faculty member, or his/her counsel, and the representative of the College shall have the right, within reasonable limits as provided in this article, to question all witnesses who testify at the hearing.

(i)          The faculty member shall have the opportunity to be confronted by all witnesses adverse to him/her.  However, whenever a witness used by either the faculty member or the College will be unable for good and sufficient reason to be present at the hearing, his/her testimony may be taken by deposition.  If either the College or the faculty member exercises its right to secure such testimony through a deposition, then the party who seeks the deposition shall be obligated to afford the other party the opportunity to be present and participate in the taking of the deposition.

(j)          All expenses of bringing a witness to the hearing shall be borne by the party bringing the witness to the hearing.  All expenses of the taking of witness’ depositions, as provided in 6.12 (i) above, shall be borne by the party who initiated the taking of the deposition, except that the cost of the written deposition itself shall be shared equally by the College and the faculty member if both parties participate in the taking of the deposition.  If either party declines to participate with the other in the deposition process, a copy of the deposition used at the hearing shall be given freely to the other party in advance of the hearing.  The expenses of the parties participating in the taking of the deposition shall be borne by each side individually and shall not be shared.

(k)        All evidence used during the hearing should be duly recorded, but not transcribed, unless the provisions of 6.12 (n), are utilized.  Unless special circumstances warrant, the committee shall conduct the hearing informally without formal rules of court procedure and submission of evidence.

(l)          The committee shall give opportunity to the faculty member or his/her counsel and to the representative of the College to argue orally before it.

(m)      If written, post-hearing briefs would be helpful to the committee, the committee may request such briefs from both sides and set appropriate time limits for their submission.

(n)        The committee may proceed to a decision promptly, without having a record of the hearing made and transcribed, where the committee feels that a just decision can be reached without such a record and transcription thereof, or it may await the availability of a transcript of the hearing if its decision would be aided thereby.  However, both the College and the faculty member shall share equally in the cost of providing the committee with a recording of the hearing, or a transcript of the hearing, or both.

6.13      Consideration by the Hearing Committee

(a)        The committee shall reach its decision in conference on the basis of evidence and testimony presented at the hearing and, if applicable, on the basis of post-hearing briefs.

(b)        The committee shall reduce its decision to writing, which shall contain explicit findings with respect to each of the grounds of removal presented and a reasoned opinion may be desirable.

(c)        Publicity concerning the committee’s decision may properly be withheld until consideration has been given to the case by the Board of Directors of the College.

(d)        The President and the faculty member shall each be supplied with a copy of the record and transcript of the hearing, if such were made.

(e)        Any eventual release to the public will be made through the President’s Office.

6.14      Consideration by the Board of Directors of the College

(a)        The President shall transmit to the Board of Directors the full report of the hearing committee.

(b)        The Board of Directors may accept the committee’s report or the Board may review the case.

(c)        If the Board of Directors chooses to review the case, its review shall be in executive session unless the faculty member involved requests in writing that it be held in public session.  The Board of Directors’ review shall be based on the record and transcript, if any exists, of the hearing, accompanied by opportunity for argument, oral or written or both, by the faculty member or his/her counsel and the representative of the College.

(d)        The Board of Directors shall either sustain the decision of the hearing committee or it shall return the committee’s decision back to the committee along with the Board of Directors’ specific written objections attached thereto.

(e)        If the committee’s decision is returned to it, as above, the committee must reconsider its earlier decision, taking into account the Board of Directors’ specific objections and taking new evidence, if deemed necessary.  The committee shall decide to what extent it needs to take new evidence; if the hearing is reopened thereby, it shall be held promptly and the provisions relating to submission of evidence, witnesses and recording and transcribing of the hearing, shall be in accordance with the applicable provisions above.

(f)          As soon as possible after the provisions of 6.14 (e) are completed, the committee must frame its final decision and communicate it in accordance with the provisions of 6.13 (b) through (e) above.

(g)        Only after a study of the committee’s reconsideration of its original decision may the Board of Directors render a final and binding decision to either sustain the final committee decision or to overrule the final committee decision.

6.15      Publicity

Except for the provisions of 6.12 (b), 6.13 (c), (e), and 6.14 (c), above, and except for such simple announcements as may be required—covering the time of the hearing and similar matters—public statements about the case by either the faculty member or representatives of the College should be avoided as far as possible until the proceedings have been completed.  Announcement of the final and binding decision by the Board of Directors should include a statement of the hearing committee’s original decision, and the committee’s reconsideration, if applicable, if each or both have not previously been made public.

6.16      Further Appeals

(a)        Action taken by the College with regard to the dismissal of a tenured faculty member and the dismissal prior to the expiration of the term of appointment of a probationary or temporary faculty member shall be consistent with the applicable provisions of this article 6.

(b)        For the purposes of this Agreement, appeal by any affected faculty member from such action(s), as referred to in 6.16 (a), above, shall be solely processed in accordance with the provisions of 6.7 through 6.15, herein, and no tenured, probationary, or temporary faculty member may appeal his/her dismissal through the grievance procedure of this Agreement at Article 5.

(c)        The parties to this Agreement affirm the right of faculty members referred to above to exercise their right to further actions as may be allowed by law but only following the exhaustion of the appeal processes contained in this Article 6.

6.17      Reduction in Force Removals

Notwithstanding the provisions of this Article 6 and of any other provisions of this Agreement, oral understandings, or prior agreements, the provisions of Article 11 – Reduction in Force, herein, shall be applicable to all full-time members of the bargaining unit without exception and the provisions of Article 11 shall supersede the provisions of this Article 6 in the event of a reduction in force.

ARTICLE 7 - SALARY COMPENSATION

7.1         Salary Schedules  (See Addendum A)

The salary schedules for 1999-2000 and the subsequent years of this contract are listed in Addendum A of this agreement.

Those persons who received a satisfactory evaluation for 1998-99, but were unable to move a step on the salary schedule because no additional steps existed at their rank will move one step on the 1999-2000 salary schedule.  This movement on the salary schedule will be retroactive to the beginning of the 1999-2000 academic year.  Each full time faculty member will receive an additional one-time compensation amount of $272.73 during the 1999-2000 year only.  This amount will be paid to the faculty member with their April, 2000 salary check.

(a)        Evaluations.  Faculty members who receive satisfactory evaluations in any year of this Agreement will be moved one stop on the scale, unless the faculty member is at the end of the scale.  If a faculty member receives an unsatisfactory evaluation, no step will be awarded the following year.  However, if, in the subsequent year the faculty member receives a satisfactory evaluation, the faculty member will be replaced at the level he/she would have attained if the previous year had been satisfactory.

(b)        Sufficient funds will be budgeted to allow promotions as approved by the College.

(c)        Other adjustments shall be allowed as approved by the Board.

(d)        The College shall pay its employe members’ six percent (6%) employe contribution to the Public Employes Retirement System (PERS).  Such payment of employe members’ monthly contribution to the System shall continue for the life of this Agreement.

         The full amount of required employe contributions paid by the College on behalf of employes shall be considered as “salary” within the meaning of ORS 238.005 for the purpose of computing an employe’s “final average salary” within the meaning of ORS 238.410 but shall not be considered as “salary” for the purposes of determining the amount of employe contributions required to be contributed pursuant to ORS 238.200.  Such paid employe contributions shall be credited to employe accounts pursuant to ORS 238.200 and shall be considered to be employe contributions for the purposes of ORS 238.005 to 238.215.

(e)        Full-time faculty members newly contracted for work shall be placed on the schedule in effect as determined by the College.  A record of such placement shall be maintained in the Office of the Vice President for Instruction, and new placements shall be reviewed each fall with the President of the Faculty Forum.

(f)          The President of the College shall have the authority to recommend an increase to the salary of any faculty member.

7.2         Overloads and Summer Session Pay

(a)        Payment per load unit for overloads for full-time faculty shall be according to the schedule below:

        Instructor………………………………………………………$500/LU

        Assistant Professor…………………………………………..$520/LU

        Associate Professor………………………………………….$540/LU

        Professor………………………………………………………$560/LU

(b)        Payment for summer session, or the off quarter, for faculty with an alternate contract year (see Article 8.6 (b) for tenured or tenure track faculty shall be $600 per load unit, effective the first teaching day of summer quarter 2000.  During the summer, term or the off quarter, tenured or tenure track faculty may receive additional compensation for teaching instructional events designed to generate income beyond the usual tuition and fees, at the discretion of the vice President of Instruction or his/her designee.

7.3         Adjunct Compensation

(a)        All salary increases are merit plus time based.  The instructor must have met the minimum time and be recommended by the department chair(s) for an increase.

(b)        Salary increases occur at the beginning of the academic year, if department evaluations are on file, and if the deans approve such increases.                    

99-00            00-01            01-02

First three quarters with successful evaluations  $406/LU       $415/LU        $424/LU

Next three quarters with successful evaluations   $437/LU       $446/LU        $455/LU

Next six quarters with successful evaluations        $468/LU       $478/LU        $488/LU

Next six quarters with successful evaluations         $500/LU       $510/LU        $521/LU

Next six quarters with successful evaluations         $531/LU        $542/LU       $560/LU

ARTICLE 8 – TEACHING ASSIGNMENT, COMPENSATION AND AGREEMENTS

8.1         Assignment for Loads

As defined here, a full load will be forty-five (45) load units per academic year.  Loads are analyzed on a quarterly basis by the College for planning and scheduling procedures but shall be computed for obligation purposes at the end of each academic year, or in accordance with Article 8.6 (b) for faculty on an alternate contract year.

8.2         Full-Time Faculty Teaching Load

A full-time load is forty-five (45) load units per academic year.  The College will determine the instructional mode and assign load units as follows:

8.3         For Credit Classes

(a)     Lecture Mode:  One (1) hour per week for a term equals one (1) load unit; OR, where the class does not fall into the Fall, Winter, or Spring Terms, twelve (12) classroom hours equal one (1) load unit.

(b)        Laboratory:  One (1) hour per week for a term equals two-thirds (2/3) load units; OR, where the class does not fall into the Fall, Winter, or Spring Terms, twelve (12) classroom hours equals two-thirds (2/3) load units.

(c)        Physical Education Activity Mode:  One (1) hour per week for a term equals one-half (1/2) load unit.

(d)        English Composition:  Teaching Assignments in English  Composition (WR 20, 40, 95, 121, 122, 123, 214, 227) shall be multiplied by a factor of 1.25.

(e)        Music Loads:

                  Lecture/discussion classes

                    And major ensembles                   at 1 – 1 rate

                  Laboratory classes                          at 0.67 to 1 rate

                  Small ensembles                              at 0.67 to 1 rate

                  Private lessons.  This load will be computed as number os students x .4 LY for the first five students, number of students x .2 LY for the next five students, and no additional load over ten students.  Part-time faculty members will be compensated by .2 load units per private lesson student.

(f)          Presidential Assignments:  Other assignments approved by the President may be given a load unit equivalent and counted in a load.  No faculty member shall be assigned released time, non teaching duties, administrative, or planning duties, or the like without approval of the President.

(g)        The President of the Faculty Forum shall be awarded three (3) load units of released time (or overload at the discretion of the Forum President) during each quarter that the office is held, subject to payment for the released time by the Faculty Forum.  Payment shall be at the relevant overload rate.

8.4         For Non Credit Classes

Load units assigned full-time faculty to teach non credit courses not specifically addressed in the Contracted Training Section (Article 8.7) will be determined by the College as above.  A range between 75 percent (75%) and one hundred percent (100%) of normal load will be paid for those load units.

8.5         Overloads

(a)        A load of greater than forty-five (45) load units is an overload by the number and fraction of load units in excess of forty-five (45).

(b)        Overloads will be computed at the end of each academic year.  Under exceptional circumstances, up to two-thirds (2/3) of the anticipated overload may be paid at the end of the quarter in which it is earned.

(c)        Overloads of more than 15 LUs over one academic year will not be assigned or compensated.

8.6         Contract Year

(a)        Members of the Faculty Forum contract with the College serve a total of 179 days each academic year.  These 179 days include administrative or preparation days, instructional days; and five (5) regularly observed holidays:  Veteran’s day, Thanksgiving (two [2] days), February Holiday, Memorial Day.

(b)     The faculty contract year, unless otherwise specified, will be as follows:

1999-00:         September 8, 1999 to June 12, 2000.

2000-01:         September 6, 2000 to June 18, 2001.

2001-02                   September 5, 2001 to June 17, 2002.

The College may enter into agreement with a faculty member to employ that faculty member for some other period of time.  Examples would be a contract covering the Winter, Spring, and Summer quarters; one covering the Fall, Spring, and Summer quarters; or one staggered or split between quarters, or weeks, or time of day, so long as the quarter equivalence is maintained.

8.7         Contracted Training and Short-Term Training

The designation “contracted training’ applies only when the College contracts with an outside client or clients to provide a particular instructional event or series of events.

a.       For contracted training events, ten (10) classroom hours equal one (1) load unit.

b.       The department chair may include in the budget for a contracted training event up to $300 to be paid to the instructor for development of instructional materials, following guidelines issued by the Vice President for Instruction.  For events which require an exceptional amount of materials preparation, the department chair may designate a load unit equivalent to be counted in the instructor’s load report, with the approval of the appropriate Vice President or his/her designee.

c.       For short-term training events with differential pricing and a curriculum specialized for a particular audience, whether credit or non credit, additional load for curriculum development or other work associated with the event may be assigned at the discretion of the department chair, with the approval of the appropriate Vice President or his/her designee.  The Vice President for Instruction will ensure that guidelines for assigning this additional load are available to all department chairs.  Load assigned under this provision will be included in the event budget.

d.       Full-time faculty teaching contracted training events shall receive a portion of the amount paid to the College by the contracted training client, in addition to the load units and compensation outlined in sections 8.7 (a), (b), and (c).  This portion shall be determined by subtracting all faculty compensation and benefits for load units and materials preparation from the total price being charged to the outside client(s), and calculating ten percent (10%) of the difference. If more than one full-time faculty member is teaching the contracted training event(s), this portion shall be divided among them in proportion to the number of contact hours taught by each participating full-time faculty member.

ARTICLE 9 – FRINGE BENEFITS

9.1         Sick Leave

(a)     An annual amount of twelve (12) days of paid sick leave shall accrue to members of the bargaining unit at the start of each academic year.  Sick leave not used during the current year shall accrue without limit as per ORS 238.355 (1) as amended by Oregon Laws 1977.

(b)     Pursuant to appropriate Oregon Revised Statutes, the College has requested that members of the bargaining unit be compensated for accumulated unused sick leave with pay in the form of increased retirement benefits upon service or disability retirement, as per ORS 238.355(1), as amended by Oregon Laws 1977.

(c)     Sick leave shall also cover absences, not to exceed three (3) days per academic year, due to the death of a member of the immediate family of the member.  The immediate family shall be defined as blood relatives and in-laws, to include spouse, children, grandchildren, parents (including step-parents), grandparents, brother and sister (including step-brother and step-sister), uncle, aunt, nephew and niece.

9.2         Emergency Leave

A bargaining unit member shall have available two (2) days of nonaccumulative emergency leave per year which shall be charged against sick leave.  Such emergency leave must have written prior approval of the appropriate Vice-President/Dean.

9.3         Sabbatical Leave

(a)     A sabbatical leave is granted to a faculty member of the unit only when such leave contributes to the goals of the College and enhances the professional competence of the individual granted the leave.  A sabbatical leave is not considered to be a right which automatically accrues because of prior service.  Rather, it is considered to be a privilege granted to a faculty member.

(b)  &n