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ARTICLE 25 - EMPLOYMENT STATUS
25.1 Definitions.
25.1.1 Contracted Faculty.
Unless otherwise provided in this Agreement or properly
executed Memoranda of Agreement, "
cContracted faculty"
includes all bargaining unit members employed more than half
time on an annual basis (More than half time only applies to
contracted persons hired after June 30, 1993.) and
bargaining unit members hired into contracted positions who
are on full or partial leave or release time for
professional development or Association business.
25.1.1.1 Temporary
Contracted Faculty. An employee shall be
considered temporary contracted employee under any one of
the following conditions:
25.1.1.1.1 An
employee hired to perform a specific job over a
definable period of time not to exceed one (1)
academic year unless there is mutual agreement by
the employee, the College and the Association to
extend said period of time (Such assignments include
positions on a trial basis for a new or innovative
program.); or
An employee hired specifically to fill an existing
contracted position when the probationary or permanent
employee is on a paid or unpaid leave or on another
college assignment, or the hiring process for the
position is not completed; or
25.1.1.1.3 An employee who,
as a result of a combination of part-time assignments
as mutually agreed by the employee, the College and
the Association, works more than half of an annual
workload (not including strictly Association
assignments).
25.1.1.2 Probationary
Contracted Faculty. An employee
shall be considered probationary if said employee is
hired to fill a contracted bargaining unit position
either newly created or caused by the
termination/attrition of a contracted employee.
25.1.1.3 Permanent
Contracted Faculty. An
employee Employees shall be considered
a permanent upon said employee
completing completion of their
probationary period.
25.1.2 Part-time Faculty.
Part-time Faculty" includes all bargaining unit
members employed half time or less on an annual basis,
unless provided otherwise by the College and Association
in a written contract.
25. 2 Unapproved Temporary Contract
Conditions. In all conditions, as defined within
25.1.1.1, temporary contracts that go beyond the approved
contract date, or meet the conditions for a temporary
contract without having been approved specifically in
writing, will either be terminated as soon as feasible or
approved. Any unapproved credit equivalent assignment will
not count toward the part-time faculty credit limit defined
in this Article.
25.3 Probationary Period.
All new contracted employees except temporary employees
and Student Health Nurses and Athletic Trainers shall
serve a three (3) year probationary period. Such period must
be complete and continuous academic years of employment
accomplished during consecutive years unless the employee
has been granted a leave of absence under the terms of this
Agreement.
25.3.1 The College
may, at its discretion, extend the 3-year
probationary period one (1) year with reasons for such
action given to the employee in writing. Association
representatives may be present at all meetings between
the employee and the immediate supervisor to discuss the
terms of this extension.
25.3.2 For the purposes of this
section, an employee will be considered to have completed
a year of employment if he/she has been employed half
time or more for more than half the number of working
days in the normal academic year.
25.3.3 The probationary period
for a Student Health Nurse is six (6) months or one half
a year. The probationary period for an Athletic Trainer
is three (3) years.
25.4 Nonrenewal. A
probationary employee may be nonrenewed for any reason
deemed in good faith sufficient by the College. Notice of
such nonrenewal shall be sent by certified mail by March
15.
Beyond their first year, probationary
employees may not be recommended for nonrenewal for poor
performance without having received a Corrective
Evaluation and sufficient time to demonstrate
improvement.
25.4.2 Upon request, the
employee shall be provided a statement of the material
reasons for the nonrenewal; and further, shall be
entitled, upon request, to meet informally with the Board
in executive session to discuss the reasons for the
nonrenewal.
25.4.3 The substantive
reasons or grounds for the nonrenewal shall not be
subject to the grievance procedure.
25.5 Dismissal of Permanent
Employee. Upon successful completion of the probationary
period, an employee shall be considered permanent and may be
discharged or dismissed only for just cause.
25.6 Placement on Notice.
If the basis for dismissal or discharge action is
performance related, the employee may be placed on notice
for up to one (1) year before such action is made final. The
employee shall be notified by March 15 of the College's
intention to retain or dismiss.
25.7 Just Cause Discipline.
Discipline: No employee shall bhe
reprimanded in writing, suspended, or
reduced in compensation without just cause.
25.8 Complaint Procedure. Any
written complaint regarding an employee will be timely
investigated and called to the attention of the employee
within five (5) working days from the time the College
determines there may be merit to the complaint. The employee
will be given a copy of the complaint and an adequate
the opportunity to respond to and/or rebut
such complaint. Any unwritten complaint regarding an
employee will be promptly examined, and if the College
determines it may have merit, it will be reduced to writing
within five (5) working days from the time the College
becomes aware of the complaint. Investigations of written
complaints will be completed within twenty (20) working
days, unless a written agreement between the College and
Association extends the timeline.
25.9 Right to
Representation. The College will provide timely
notification to an employee of his/her right to have an
Association representative, prior to any meeting that may
lead to the discipline of said employee. The College will
reasonably accommodate the Association and employee in
scheduling the time for such meetings.
25.10 Plan of Assistance. The
Association shall be notified of any employee that the
College is placing on a Plan of Assistance.
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