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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 12 Safety, Working Conditions & Student Conduct

12.1

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

12.2

Upon discovery of any unsafe working condition, a member shall notify the District by utilizing the safety hotline from any campus telephone. The District shall then take prompt action to correct the unsafe condition and shall notify the member in writing of the corrective action taken.

12.3

In the event of any emergency the member shall contact District Police by dialing 911 from any campus telephone and follow the District’s “Emergency Procedures” guide. An electronic copy of this guide shall be provided to each department chair/program administrator for distribution to members and a printed copy of the guide shall be posted in each classroom.

12.4

Safety Issues Involving Student Conduct

12.4.1

In accordance with the Education Code, a faculty member may remove a student from his/her class for the day of the removal and the next class meeting. The member shall immediately report the removal to the department chair/program administrator and Vice President for Student Services. The Vice-President of Student Services shall consult with the faculty member after which: 1) the student shall be returned to class; 2) the case shall be processed under the student code of conduct, or 3) the matter shall be referred to the District Threat Assessment Team.

The District Threat Assessment Team shall be composed of one site-specific ACE, AFT 6554 member designated by the ACE, AFT 6554 Council, the Associate Vice-Chancellor of Human Resources, the Vice President of Student Services, the District Chief of Police, and a representative from Student Health Services or appropriate mental health counselor. The District Threat Assessment Team shall assess the situation and recommend an appropriate response. The Associate Vice Chancellor of Human Resources shall meet with the faculty member and the ACE, AFT 6554 representative in advance of the student’s return to class to discuss the recommendation and to clarify the faculty member’s rights and responsibilities.

The District shall offer annual training available to all members regarding threatening student conduct and the role of the District Threat Assessment Team.

12.5

12.6

12.7 Disruptive Student Policy

12.7.1  In accordance with policy, the District, through its designee, shall notify a faculty member in advance whenever a “disruptive student”, as defined in policy and/or administrative procedure, has enrolled into that member’s class within the bounds of confidentiality laws. The District shall also notify the faculty member of the support services that can provide assistance.

12.7.2  The District shall maintain communication, as defined in policy and/or administrative procedure, with the faculty member who is the “complaining party” of all actions taken throughout the procedure within the bounds of confidentiality laws.

12.7.3  A faculty member has the right to be heard by the Vice-President of Student Services, the Intervention Committee, and the Hearing Board, whenever action is taking place.

12.7.4  A faculty member has the right to appeal any action by the Vice-President of Student Services, the Intervention Committee and/or the Hearing Board to the next level.

12.7.5  The District shall reserve a seat for ACE on the Intervention Committee and the Hearing Board.
The District and ACE agree to re-open this section of Article 12 once Board policy and administrative procedures regarding student conduct have been developed and approved in accordance with District procedures—per Education Code §76032, the policy and procedure shall authorize an instructor to remove a student from his or her class for the day of the removal and the next class meeting.

12.8 Minor Students

12.8.1  The District shall provide training and guidelines to all faculty relative to having minors as registered students on campus and in the classroom. The District shall establish procedures consistent with the law for mandated child abuse reporting and all emergencies involving minor students. It is the District’s responsibility to inform faculty of their responsibilities and protections regarding:

1. Mandated reporting of known or reasonably suspected child abuse or neglect.
2. Emergency procedures specific to minors (i.e. disaster, evacuation).
3. Health emergencies in the classroom.

12.8.2  All rosters shall flag the names of any minor students registered in classes.

12.8.3 The District shall provide training at least once per semester that reviews current policies and procedures regarding minors in the classroom.