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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 24B Performance Appraisal – Tenure Track Contract Faculty

24B.1 Introduction

The primary goal of performance appraisal is the improvement of the quality of the educational program. The process should promote professionalism, enhance performance, recognize excellent performance, and be effective in yielding a genuinely useful and substantive assessment of performance. To achieve this goal, it is necessary to identify, recognize and nurture competence; to identify standard performance and indicate areas where improvement is desirable; to identify performance that requires improvement; and to identify performance so unsatisfactory that termination may be recommended.
Excellence in performance is crucial to maintain and extend the learning presently shown by students at Mission and West Valley Colleges.
The purpose of the four-year appraisal process is to determine whether the tenure track contract member should be granted tenure. The process will provide direction, assistance and support to improve the performance of the tenure track contract member and thus improve the quality of the educational program.

The appraisal system focuses on:

  1. Measuring performance in an objective, unbiased manner.
  2. Providing useful feedback.
  3. Ensuring that appropriate recognition occurs.
  4. Encouraging continuing participation in professional development.
  5. Ensuring that appropriate training opportunities are recommended as needed for members.
  6. Supporting employment status.

The Performance appraisal of tenure track members shall include the following:

  1. Site observations
  2. Appraisal surveys
  3. Criteria for Performance Appraisal Review
  4. Job description
  5. Self appraisal
  6. By mutual consent, videotapes or other recording devices may be used if included in the performance plan of the non-tenured faculty member being evaluated.

Anonymous letters or materials, excluding student survey data, will not be used in the process.

24B.2 Definitions

  1. The academic year begins July 1 and ends June 30.
  2. Faculty or Faculty Member includes, but is not limited to, instructors, librarians, counselors, community college health services professionals, lab faculty specialists, disabled student programs and services professionals, EOP&S professionals, coordinators and individuals employed to perform a service that, before July 1, 1990, required non-supervisorial, non-management community college certification qualifications. (Education Code Section 87001 C).
  3. Performance Appraisal is a written review of the member’s performance as provided in this agreement. The Appraisal Summary Form, the Faculty Observation Form, the Self-Appraisal, and the summary of the student evaluation will be submitted to the appropriate Vice President or designee who will certify that the process outlined in this article was properly adhered to and completed. These forms will be placed in the member’s official personnel file in Human Resources. A page listing recommendations, if any, for the next appraisal, and supporting documentation for these recommendations, are to be secured in the appropriate Vice-President’s office. All other forms go back to the appraisee.
  4. A Performance Plan for tenure track contract members is a written one-year action plan and timeline developed by the appraisal team, in consultation with the member, to provide direction and set priorities during the member’s first years of service. The plan shall focus on enabling the member to become oriented to the college and District, ensuring successful completion of their primary service assignment, and fulfillment of appraisal criteria. Part of the plan shall be based on appraisal team recommendations of the previous appraisal period.
  5. Plan for Corrective Action: A written component of the Performance Plan, when needed, developed by an appraisal team for members in Needs-To-Improve or Unsatisfactory status. The plan will reflect specific actions, recommendations, and timeline for improvement.
  6. The Self-Appraisal provides the individual faculty member an opportunity for introspection, reflection and planning. It points out areas of significant competence, effort and contribution made by the appraisee. It also addresses specific recommendations, if any, made on the appraisee’s last appraisal cycle.
  7. Satisfactory: Member is meeting all criteria as outlined in 24B.4.1 - 24B.4.3 and is meeting expectations of Performance Plan. Continued performance at this level would result in recommendation for tenure.
  8. Needs-To-Improve: Member is consistently not meeting criteria listed in one or more of the criteria categories outlined in 24B.4.1 - 24B.4.3. It is anticipated that the behavior(s) can be improved and the member can achieve satisfactory status (thus eligible for tenure) by following the recommendation(s) of the Performance Plan.
  9. Unsatisfactory: Member is unable or unwilling to meet some or all of the criteria outlined in the Performance Plan. Member will not be recommended for continued District employment.

24B.3 Frequency Of Appraisals

26B.3.1 Year one and year two tenure track contract members shall be evaluated every semester. Year three and year four tenure track contract members shall be evaluated each fall semester unless additional evaluations are called for by the Tenure Appraisal Team and the appropriate Vice-President.

26B.3.2 Tenure track contract faculty who are reassigned at least 20% reassigned time during any semester except if funded and supervised outside the district (e.g. ACE, AFT 6554 and State Academic Senate) will be evaluated on the performance of reassigned time activities during the term of the assignment. If the reassigned time assignment continues for more than one academic year, evaluation shall be on an annual basis. Upon the assignment of reassigned time, the regular member shall meet with the appropriate division/department chair and/or the appropriate administrator to establish written goals for the reassigned time and set a date (or dates) for meeting to assess progress toward those goals.

Outcomes of the evaluation of the reassigned time assignment may be:

  1. Satisfactory. If the outcome is satisfactory, the assignment will continue.
  2. Needs-to-Improve. If the outcome is Needs-to-Improve, the appropriate administrator/faculty member will work with the member to develop a Plan for Corrective Action.
  3. Discontinuance. If the outcome is not satisfactory, the reassigned time may be discontinued at the option of the appropriate administrator.

24B.4 Criteria For Performance Appraisal Review

All criteria appropriate to the member’s assignment included in this section will be used in the Performance Appraisal Process. Additional criteria, defined as areas specific to the member’s capabilities, experience and assignment, may be developed by the tenure appraisal team and will be included in the Performance Plan. All criteria should be adapted to each member’s specific job description.

A first year member is expected to concentrate 100% of his/her efforts on performance for the service to which the member has been assigned and is not expected to have institutional duties. Exceptions, not to exceed 20%, must be agreed upon by the member, appraisal team and the appropriate Vice-President.

During years 2, 3, and 4 tenure track contract faculty may be reassigned, by mutual agreement of member and appraisal team, to duties outside the scope of their primary assignment. During all years they shall maintain sufficient load (at least 80% second year, 60% third and fourth years) in their primary assignment area to ensure effective evaluation. Evaluation of the reassigned time portion of their duties will occur as per Article 24 B.3.2.

24B.4.1 Professional Criteria Category

Each member shall:

a. Demonstrate currency and depth of knowledge of the field in the performance of assignment.
b. Demonstrate the ability to communicate subject matter clearly, correctly and effectively.
c. Demonstrate an ability to achieve objectives in area of assignment.
d. Demonstrate an ability to adapt methodologies for students/clientele with special needs and different learning styles.
e. Demonstrate regular effective student contact for courses offered either fully or partially through distance education.
f. Utilize methods and materials appropriate to the subject matter.
g. Demonstrate evidence of careful preparation and organizational skills in area of assignment.
h. Provide clear assignments or directives to students and regularly inform students of academic standing in class. i. Provide for each student a current course syllabus, as required by Title 5 that includes SLOs, classroom procedures, requirements and grading policies and provide a copy to the Division Office.
j. Demonstrate a commitment to student learning by beginning and ending classes according to schedule, holding regular office hours and meeting student needs, as professionally required.
k. Demonstrate currency in the field through participation in professional conferences, workshops, seminars, etc.
l. Meet Record-Keeping obligations on time, e.g., grades, requisitions, schedules, textbook orders, rosters.
m. Carry out budget responsibilities effectively if it is a part of member’s assignment.
n. Supervise classified personnel appropriately if it is a part of member’s assignment.
o. Participate in the process of SLO assessment and evaluation and using the results of these assessments in the process of continuously improving student learning.

24B.4.2 Collegial Criteria Category Each member shall:

Collegial Criteria Category

Each member shall:
a. Work cooperatively within the college community.
b. Foster an environment that protects academic freedom within the college community.
c. Foster a positive working environment which is free from harassment, prejudice and/or bias.
d. Demonstrate positive communication skills within the college community.
e. Demonstrate a respect for the dignity of each individual.

Institutional Criteria Category (for years 2, 3, and 4)

Each member shall:

Demonstrate a commitment to his/ her department/division, college and district by fulfilling his/her institutional responsibilities as outlined in Article 21.

24B.5 Tenure Appraisal Team

24B.5.1 A Tenure Appraisal Team shall be formed for each member hired. With the consent of the Division and Department Chairs and the college Academic Senate President, an appraisal team may elect to evaluate more than one tenure track contract member.

24B.5.2 The team shall be composed of two regular members in satisfactory status, selected by the appropriate Division and Department Chairs, and an administrative designee appointed by the appropriate Vice President. The appraisal team faculty members shall not be evaluated by the appraisee during the tenure process or during the next appraisal cycle.

At least one of the members named must come from the appraisee’s department or related discipline, or the division if necessary. In special cases, the appraisal team has exclusive right to include a non-voting external participant for content expertise if that content expertise is not available within the bargaining unit. The selection of the person having content expertise is subject to approval by the appraisee.

24B.5.3 The college Academic Senate President or designee, in consultation with the appropriate Vice-President and the department chair/designee, shall approve the selection of members to serve on the team and ensure that the appraisal team is formed prior to the effective date of hire.

All faculty members appointed to the team shall serve for the duration of the review period. If a member can no longer continue as a member of the team, the member will be replaced following the above procedure. If the procedure has not been completed within one month of the effective date a team member’s resignation from the team, the administrative member of the Tenure Appraisal Team shall assume the responsibility for appointing a replacement.

24B.5.4 Tenure Appraisal Team Leader

The leader of the team will be elected by its members.

24B.6 Performance Plan And Timeline

24B.6.1 Pre-Appraisal Conference

By the end of the 4th week, the appraisal team will meet with the member to develop the Performance Plan, to discuss elements of the appraisal, and other information such as commendations, Record-Keeping documents, attendance, course syllabi and drop/retention rates, and establish expectations as defined in the job description. Documents related to the evaluation process will be distributed.

24B.6.2 Observations

There will be a minimum of two observations by each member of the appraisal team. For years one (1) and two (2), there will be a minimum of one (1) observation of each section/activity by a member of the Tenure Appraisal team each semester. For years three (3) and four (4), observations will normally be for the fall semester only.

Observations may be conducted without advance notice, and should be completed no later than week 11 of the semester. Observations will include activities appropriate to the member’s service area(s). Based on the observations, teams are encouraged to provide immediate informal feedback and mentoring, as appropriate. Any derogatory information must be promptly brought to the attention of the instructor so that instructor has opportunity to remediate.

If the class section observed is a distance education section, the appraisal team member will have access to, and will review instruction and faculty-student interaction through the course content management system. In addition, the appraisal team member and the appraisee may arrange for on on-campus observation, skype or video conference of that section. If a work experience instructor is being observed, the appraisal team member and the appraisee shall arrange for on or off-campus observation as appropriate.

Additional observations and surveys may be called for in the Performance Plan or as identified in Article 24B.3.1.

24B.6.3 Appraisal Surveys

A. Classroom Activities

Student appraisal surveys will be conducted in each class section using official forms during each appraisal semester. Surveys will be completed between weeks 6 and 11. When administering student surveys, a member of the appraisal team or its designee, which could be the appraisee, shall read the written instructions to the class and pass out the evaluation forms. That person will inform the students that ratings and written comments will be used in the appraisals and that the instructor will not have access to the written comments until after grades are recorded. A student will be designated to collect the completed appraisal forms and return them immediately to the Division Office or appropriate collection point. The appraisee will leave the room while students fill out the appraisal surveys. For Distance Education Courses, the student appraisal surveys will be administered by the Office of Instruction electronically.

B. Non-classroom Activities

Appropriate appraisal surveys will be conducted using official forms during each appraisal semester. Surveys will be completed between weeks 6 and 11. The team leader will collect the appraisal surveys and deliver them immediately to the Division Office or appropriate collection point.

24B.6.4 Preparation for Post-Appraisal Conference

Prior to the post-appraisal conference, the appraisal team leader will compile and prepare all of the appropriate documents for the conference using the criteria from Article 24B.4 and following the process specified in Article 24B.1.

The Department Chair or immediate supervisor, if not a member of the team, will be informed by the team leader of the outcome of each appraisal and may be included in the post-appraisal preparation by request of the team leader.

24B.6.5 Post-Appraisal Conference

At the conclusion of the appraisal, there will be a conference with the appraisee and the appraisal team to discuss the outcomes of the appraisal and other information such as commendations, Record-Keeping documents, attendance, course syllabi and drop/retention rates, as well as a discussion of performance on professional, collegial, and institutional responsibilities.

If the Department Chair is not a member of the appraisal team, he/she may be included in this post-appraisal conference at the request of the team leader.

The Post-Appraisal Conference shall be completed and the summary forwarded to the appropriate Vice-President prior to finals week of each semester. The report will be reviewed by the appropriate Vice-President who will forward a report to the President. The post-appraisal conference also serves as the pre-appraisal conference for the next appraisal.

24B.6.6 Outcome

The outcome of the appraisal process could result in different recommendations for each of the various performance criteria categories. In each case the outcome could be:

  1. Satisfactory: If the recommendation is satisfactory in all areas, the member will be recommended for an additional contract as follows:

             At the end of the first year, this contract will be a one-year contract.

             At the end of the second year this contract will be a two-year contract.

             At the end of the fourth year this contract will grant tenure.

  1.  Needs to Improve: During the first year, if the appraisal recommends that the member needs to improve in any of the three criteria categories listed in Article 24B.4, the member will be recommended for an additional contract and a plan for corrective action will be provided by the team in the Performance Plan.
  • Due to the employment contract implications the outcome of the appraisal during the Fall semester of the 2nd year must be either Satisfactory or Unsatisfactory.
  • At the end of the Fall semester of the 4th year there must be a team recommendation to move to Satisfactory to grant tenure OR to move to Unsatisfactory to deny tenure.
  1. Unsatisfactory: If the appraisal is unsatisfactory in any of the three criteria categories listed in Article 24B.4, the member will not be recommended for continued employment with the District.

            (See link below for outcomes diagram.)

            http://aceunion.org/documents/pdf/24b.tiff

The appraisal team, with the appropriate administrator, will meet with the appraisee to review the results of the appraisal. When a Needs-to-Improve or Non-Renewal of Contract is going to be given, all supporting documents will go into the appraisee’s personnel file. If the decision is made to terminate, the member’s assignment will be determined by the President during termination proceedings.

24B.7 Early Tenure

In exceptional circumstances, tenure may be recommended by a tenure track contract member’s tenure appraisal team after two years if the tenure track contract member had tenure at a community college or four-year institution before being hired by the District.

For a recommendation of early tenure to be considered it must be for exceptional performance and significant contributions to the member’s college and department. The recommendation for early tenure must be made unanimously by the tenure appraisal team.

As with all grants of tenure, this must be agreed to by the appropriate administrator, President, Chancellor and Board of Trustees.

24B.8 Negotiability

Any changes in the District Tenure Review or Performance Appraisal Process shall be subject to the negotiation process. ACE, AFT 6554 shall consult with the Academic Senate prior to engaging in collective bargaining procedures regarding this article.

24B.9 Grievability

Only compliance with the performance appraisal process is grievable. Outcomes or results of this article are not grievable.