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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 23 Voluntary Changes to Permanent Assignment

23.1 Purpose

This article is for full-time members currently fulfilling their load requirement in specific permanent assignments who voluntarily wish to change part or all of their permanent assignment—if the change is not made, the member would continue to fulfill their load requirement in their current assignment.

23.2 Definitions

A. Permanent Assignment

A member’s permanent assignment is the position or positions in the District Position Control File that the member is currently filling. As a result of implementing the options in this article, the member shall be filling all or part of a new permanent position or positions in the District Position Control File.

B. Transfer

A transfer is the reassignment of a member from the college or department where presently assigned to fill a full-time vacancy in which the member meets the minimum qualifications or equivalencies. The vacancy may be in another department at the same college or in the same or a different department at the other college.

C. Split Assignment

A split assignment is one in which a member holds permanent assignments in more than one (1) department in which the member meets the minimum qualifications or equivalencies within the District.

D. Concurrent Assignment

A concurrent assignment is one in which a member holds permanent assignments in which the member meets the minimum qualifications or equivalencies at both Colleges.
Categorically funded faculty are not eligible to apply for a split assignment under this Article.

23.3 Member's Rights

  1. Under this article, a member holding an assignment in two (2) departments has the same rights and privileges as other members of the involved departments.
  2. The member who receives a voluntary assignment shall have the same voting privileges in each department as other members in both departments to which the member is assigned. The member shall have only one (1) vote on any Division- or College-wide issue.
  3. If seniority is used for any purpose within a department (such as assignment of overloads), then seniority within the department shall be based on the date a member enters the department. Note, seniority within a department does not supersede the seniority rights established by law for purposes of a reduction in force (See Article 28).

23.4 Procedures to Implement a Voluntary Transfer

  1. All regular/contract faculty positions shall be posted on the District’s web page by Human Resources for ten (10) working days. Tenured faculty may request a transfer by completing the appropriate paperwork as required in the job posting.
  2. All tenured faculty who submit the required documents by the deadline date as directed in the job posting and who meet the minimum or equivalent qualifications shall be interviewed prior to external recruitment. The same selection documents must be used by the Hiring Committee for both the internal and external recruitments.
  3. At the completion of the consideration of the internal candidates, the Hiring Committee may determine that they also wish to consider external applicants. The Human Resources Department shall notify the candidates, in writing, of the decision. Internal candidates shall continue to be considered unless they choose to withdraw their candidacy.

23.5 Procedures to Implement a Split or Concurrent Assignment

In order to implement a split or concurrent assignment, a member must initiate the application process in the semester prior to the semester in which the new assignment is to become effective. Prior to submitting any application, the sending department (the department the member is leaving) must put in writing, with appropriate rationale, that it:

  1. Approves or disapproves the member’s request to split load.
  2. Has adequate staffing or has sufficient allocation to replace the member if necessary to maintain program vitality.

For a single-member department, or members without a departmental assignment, recommendations shall be approved by the Division Chair.

A. Application Process

The requesting member may submit a completed application to Human Resources up to the end of the eighth week of the semester. The application shall include:

  1. The department and assignment requested.
  2. Summary of the member’s minimum qualifications, credentials and/or equivalencies.
  3. The written documentation from the sending department.

B. Human Resources Review

Within ten (10) working days of receiving the completed application, the Human Resources Department shall complete a review of the application.

  1. The application shall be reviewed by Human Resources to ensure the member meets the minimum qualifications for the desired load.
  2. Those applicants not meeting the minimum qualifications shall be notified in writing and shall be provided information regarding the equivalency application process. If the member subsequently qualifies under the equivalency process, the member must then re-apply no later than the end of the eighth week of the semester.
  3. Applications of the members meeting the minimum qualifications shall be forwarded to the appropriate college President.

C. President’s Review

Within ten (10) working days of receiving the completed application from Human Resources, the College President shall complete a review of the application.

  1. The application shall be reviewed by the College President for funding and program considerations.
  2. If the College President identifies any potential problems, the College President shall notify Human Resources. Human Resources shall then notify the member.
  3. If the College President does not identify any potential problems, the application shall be forwarded to the receiving department.

D. Receiving Department Review

Within ten (10) working days of receiving the completed application, the receiving department shall complete a review of the application.

  1. The Department, with the Division Chair, shall review and make a recommendation on each application.
  2. The criteria that they shall use to evaluate each application shall include:
  1. That a minimum of 2.0 FTEF annually of associate members be maintained in the department after the assignment has been made. For a department with less than 2.0 FTEF, approval of the President or designee is required before accepting a member with a split load.
  2. That the requesting member has the ability and is qualified pursuant to State and local minimum qualifications to teach a variety of courses within the discipline.
  3. That the requesting member has had satisfactory evaluations within the last three (3) years.

E. Receiving Department Options

  1. If the decision is made to accept the member into the receiving department, the Division Chair shall notify the appropriate Vice-President within five (5) working days of the completion of the receiving department review. The Vice-President shall notify the member of the decision and initiate a Position Action Request to implement the change.
  2. If the decision is made to reject the applicant, the Department must notify the Vice-President, in writing, of the rationale for rejection within five (5) working days of the completion of the receiving department review.  The Vice-President shall notify the member of the decision.  The Department Chair and the Division Chair shall meet with the member to review the rationale for rejection within ten (10) working days of the completion of the receiving department review.

F. Effective Date of the Split Load Assignment

If approved, the split or concurrent load assignment shall become effective the subsequent academic semester.

G. Appeal

A rejection of the request at any step in the process may be appealed to the College President (of the college of the receiving department) within ten (10) working days of the notification of the decision. The decision of the President shall be final.

23.6 Grievability

Only compliance with the above processes is grievable. The outcome is not grievable.

 

Letter of Understanding

ACE and the District agree that the deadline/timeline provisions as specified in Article 25 shall be waived for the academic year 2006-2007 only.