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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 26 Reduction in Force

26.1

Reduction in force means termination or reduction of the employment of any contract or regular faculty member because of a reduction or discontinuance of a particular kind of service or because of a decline in attendance.

26.2

At least thirty (30) days notice before a reduction in force is implemented, the Board of Trustees shall notify ACE, AFT 6554 of the proposed reduction and the reasons therefore.

26.3

Before giving any faculty members notice of a reduction in force, the District shall transfer or reassign faculty members, if possible, in accordance with the provisions of this Agreement.

26.4

In order to avoid layoffs, the Board of Trustees may, if circumstances warrant and if justified by the program needs of the department or division, offer reduced contracts to faculty members who are willing to agree to a reduced contract.

26.5

If a reduction in force becomes necessary and faculty members become subject to layoff, members shall be laid off in the inverse order in which they were employed, provided the faculty member has established competence in a faculty service area which is to be continued.

26.6

In the event a reduction in force is necessary, the Board shall reassign regular faculty members in such a manner that they shall be retained to render service in any faculty service area in which the faculty member is both qualified and competent. In order to be retained to render service in a faculty service area during a reduction, the faculty member must both meet state minimum qualifications in the appropriate discipline and be competent in the applicable faculty service area.

  1. In order to be “qualified” in a discipline, a faculty member must meet the minimum qualifications designated for the applicable discipline as designated in regulations adopted by the Board of Governors of the California Community Colleges (or under the terms of a valid credential prior to the expiration of the credential).
  2. Faculty may earn or maintain a faculty service area by submitting the necessary documents to the Associate Vice-Chancellor of Human Resources that verify they meet the minimum qualifications in a discipline and have completed one of the following competency standards within the past five (5) years:
  1. Has taught the equivalent of a 1.0 load in the subject matter area at an accredited post-secondary institution, or;
  2. Has successfully completed a minimum of nine upper and/or graduate semester units in the appropriate discipline(s) with a grade of C or better;
  3. Has completed a combination of standard #1 and #2 so that the percentage completed of standard #1 plus the percentage completed of standard #2 equals 100%.

Faculty may earn or maintain a faculty service area by submitting the necessary documents to the 1725/Equivalency Committee that verify they meet the minimum qualifications in a discipline and have completed one of the following competency standards within the past five years:

  1. Has successfully completed coursework that is deemed to be equivalent to nine upper division and/or graduate semester units in the appropriate discipline(s) with a grade of C or better; or
  2. Has a minimum or six months, or 500 hours, of appropriate industry experience; or
  3. Has specialized skills or abilities determined by the 1725/Equivalency Committee that demonstrate competency; or
  4. Has completed a combination of standards (A-F) so that the total percentage completed equals 100%.

26.7

The list of faculty service areas shall be maintained by the Department of Human Resources. Changes to the designation of faculty service areas may be made through the AB1725 Committee process.

26.8

Faculty service areas, in which a faculty member has attained competence, as defined by this article, shall be recorded in the faculty member’s official personnel file. When a faculty member has attained competence, his/her name shall be added to the list maintained by Human Resources.

26.9

It shall be the faculty member’s responsibility to notify Human Resources when competence has been attained in any additional faculty service area(s). The Associate Vice-Chancellor of Human Resources shall confirm with the appropriate Department/Division chair and the applicable college administrator that the faculty member has met the competency criteria for an additional faculty service area. If the Associate Vice-Chancellor of Human Resources determines that the faculty member has met the competency criteria for an additional faculty service area, he/she shall record the additional faculty service area in the faculty member’s personnel file and add the faculty member to the list of faculty with competence in the applicable faculty service area.

26.10

A faculty member who has been notified that his or her employment may be reduced or terminated because of a reduction in force may, if he/she wishes to contest the layoff, either:

  1. Initiate a grievance, if the faculty member believes that the Board has violated, misapplied or misinterpreted the specific provisions of this article; or
  2. Request a hearing under Education Code section §87740.

If the faculty member elects to file a grievance, the decision that results from the grievance shall be final; the member may not request a hearing under Education Code section §87740. If the faculty member elects to request a hearing under Education Code section §87740, the decision that results from that hearing shall be final (unless appealed to the Superior Court), and the employee may not file a grievance.