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AGREEMENT
for
Academic Year(s) 2000-01,
2001-02, 2002-03 and 2003-04
By and Between The
LAKE LAND COLLEGE FACULTY ASSOCIATION
IFT-AFT, Local 2296, AFL-CIO
and
LAKE LAND COLLEGE
Community College District #517
Board of Trustees
TABLE OF CONTENTS
Article Description Page(s)
Article I Recognition, Definitions, and Rights
A. Definitions 1
B. Recognition 2
C. Rights 2
D. Correctional Center Employees 5
Article II Conditions of Employment
A. Instructional Load 5
B. Salary Guidelines 9
C. Insurance 14
D. Travel Policy 16
E. Tuition Waiver 17
F. Leaves 18
G. Planned Retirement Program 30
H. Breaks and Holidays 31
Article III Grievance Procedure 32
Article IV Professional Rights and Responsibilities
A. Intellectual Property Rights 36
B. Sexual Harassment 39
C. Employee Tenure and Evaluation 40
D. Employee Personnel File 41
E. Discipline and Discharge 41
F. Job Description 43
Article V Procedure for Future Negotiation 43
Article VI Precedence of Agreement 46
Article VII Non-Interruption of Services 46
Article VIII Effect and Duration of Contract 47
Appendix A Faculty Evaluation (Policy 05.02.09)
Appendix B Faculty Tenure (Policy 05.02.08)
ARTICLE I
Recognition, Definitions, and Rights
A. DEFINITIONS USED THROUGHOUT THE CONTRACT
1. The term "Board" refers to the Board of Trustees of
the Illinois Community College District #517 in the State of Illinois.
2. The term "College" refers to Illinois Community
College District #517 (Lake Land College).
3. The term "Association" refers to the Lake Land
College Faculty Association, Local 2296 of the Illinois Federation of
Teachers--American Federation of Teachers, AFL-CIO.
4. The term "academic year" refers to the fall semester
and the immediately following spring semester.
5. The term "seniority" refers to the number of years
of full-time employment at the College starting from the employee's
original date of hire or if service has been broken by termination, from
the employee's most recent date of hire.
6. For purposes of this agreement the term "employee"
shall, for any academic year, mean and include any individual who meets
any one of the following conditions: (a) is engaged exclusively in
teaching or services directly related thereto consisting of thirty equated
semester hours per academic year or their equivalent and performs services
directly related to such teaching not less than thirty clock hours each
week during the academic year, or (b) is engaged in providing academic
support services for not less than forty hours each week, or (c) is
engaged in providing both teaching and academic support services whereby
the combination thereof satisfies the equivalent of the foregoing, or (d)
is engaged in teaching and/or academic support services, or their
equivalent, fifty percent or more of the time. In determining time
devoted, actual hours will be considered.
7. The term "notice" means a written notice delivered
in person or deposited in the U.S. mail by certified or registered mail,
postage prepaid, addressed to the employee's last known address.
8. The term "good faith" is defined as the mutual
responsibility of the Board and the Association to deal with each other
openly and fairly and to sincerely endeavor to reach agreement on items
negotiated.
B. RECOGNITION
The Board hereby recognizes the Association as the
exclusive and sole collective bargaining agent for all employees as defined in
Article I, Section A.6.
C. RIGHTS
1. The Association recognizes that the Board has the
responsibility and authority to manage and direct, in behalf of the
public, all the operations and activities of the College to the full
extent authorized by law. This includes all executive and management
functions, the determination of the overall College budget, the
establishment of qualifications, the selection of and direction of
employees, the promotion, transfer, dismissal, or demotion of employees,
and the approval or termination of all courses and programs of instruction
in the College. The exercise of the foregoing powers, rights, authority,
duties, and responsibilities by the Board, and the adoption of policies,
rules, regulations and practices, shall be limited only by the specific
and express terms of this contract and then only to the extent such
specific and express terms are in conformance with the Constitution and
laws of the State of Illinois and the Constitution and laws of the United
States.
The Association further recognizes that the Board may
delegate its authority to manage and direct all the operations and
activities of the College to the administrative staff and that those
customary and usual rights, powers, functions and authority possessed by
management are vested in the administration and the administration shall
continue to exercise such powers, duties, and responsibilities during the
term of this agreement.
2. The Board agrees to participate in good faith
negotiations with the duly designated representatives of the Association.
The Association and the Board agree that negotiations, in good faith, will
encompass the following items: salaries, hours, and other terms and
conditions of employment.
3. It is the responsibility of the Board and the
Association to confer upon their respective representatives the necessary
power and authority to make proposals, consider proposals and make
counterproposals in the course of negotiations and to reach tentative
agreements which shall be presented to the Board and the Association
respectively, with explicit reasons for the adoption of same. The
obligation to urge adoption of the tentative agreement does not preclude
either the Board or the Association from discussing the relative merits of
all provisions of the tentative agreement with their respective groups.
4. Facts, information, opinions, and proposals will be
exchanged freely during the meeting or meetings in an effort to reach
mutual understanding and agreement.
5. No employee or applicant shall be discriminated
against or favored because of Association membership or activities or lack
thereof, sex, marital status, parental status, handicap, age, race,
national origin, or religion. The Board and the Association also agree not
to interfere with the right of any employee to become or not to become a
member of the Association and that there shall be no discrimination
against any employee because of Association membership or nonmembership.
6. The College will deduct dues from the earnings of
each Association member, who shall authorize the same in writing, in an
amount determined by the Association, provided that the annual dues to be
deducted shall be uniform for each Association member. Such deductions
shall be made no later than thirty calendar days following receipt of the
written authorization in the College accounting office. A dues
authorization may be revoked by written notice of any member who makes
such an election. The authorization shall be deemed automatically revoked
with the issuance of any Association member's last paycheck.
7. In accordance with section 11 of the "Illinois
Educational Labor Relations Act: (H.B. 1530), employees covered by this
contract who are not members of the Association will be charged a fair
share fee for representation and services rendered in an amount not to
exceed the annual fee uniformly charged members of the Association. The
fair share fee shall be certified by the Association to nonmembers and to
the College as the reasonable cost for representation and services
rendered in accordance with the provisions of section 11 of the "Illinois
Educational Labor Relations Act," which are expressly incorporated herein
by reference. The fair share fee will be deducted by the College from the
earnings of the nonmember employees and will be paid promptly to the
Association or to a bona fide nonreligious charitable organization if
nonmember employee(s) object based upon bona fide religious tenets or
teachings.
a. The dues collected and listing of the Association
members for whom dues deductions were made shall be forwarded promptly
to the treasurer of the Association following such deductions. In
addition, a listing of non-Association members and their fair share fee
deductions will be forwarded to the treasurer of the Association.
For purposes of verification, the Association shall
annually provide to the Vice President for Business Services a listing
of fair share payees by November 1.
b. If an Association member withdraws membership from
the Association, he/she will pay a fair share fee for the remainder of
the year proportionately equal to the amount of annual Association dues
not paid. The Association will notify the accounting office when a
member withdraws from the Association.
c. If the College deducts and remits such dues or
fair share fee as required in this article, the Association shall
indemnify, hold harmless, and defend the College from any action,
complaint, suit, or other proceedings which may be brought in relation
thereto.
8. The Association shall continue the right to post
notices of its activities in the normal areas of the College, use
teachers' mailboxes, and use College buildings for meetings so long as
prior notice of the meeting has been given to the College and the location
approved and there is no interference with orderly processes of the
College.
9. Recognizing the students' rights to gain an
education, Board or Association views on negotiations shall not be shared
with students (with the exception of the official student board member
during Board executive sessions) during the conduct of normal College
business.
10. The Association will promptly furnish copies of any
pertinent information as reasonably requested by the Board or its
representative. The Board will promptly furnish copies of any pertinent
information as reasonably requested by representatives of the Association.
Nothing herein shall require the Board or the Association to research and
assemble information if it is not readily available from existing records
or reports.
D. CORRECTIONAL CENTER EMPLOYEES
1. In the event of conflict between the terms and
conditions of employment specified in this agreement and the Department of
Corrections contract with Lake Land College, the Department of Corrections
contract provisions shall govern and prevail.
2. Only Vandalia and Danville Correctional Center
employees are covered under this contract.
ARTICLE II
Conditions of Employment
A. INSTRUCTIONAL LOAD
1. The development of the final master schedule is the
responsibility of the Vice President for Academic Services who will be
assisted by the Associate Vice President, Dean(s) and Division
Chairpersons. The process of developing the master schedule will involve
consultation with instructors and counseling staff.
2. Each Division Chairperson, Librarian, Counselor,
Director, Advisor and Coordinator providing academic support services
shall maintain a forty (40) hour week on campus and/or approved location.
In instances when academic support services are less than full-time and
released time is granted, the required time on campus shall be prorated
relative to the assigned duties.
3. A normal load for an instructor is thirty (30)
equated semester hours per academic year. A normal full load or its
equivalent during any one academic year may be derived from any course
offered by the College. In addition to the above load formula, the
following factors will be considered in the preparation of the master
schedule:
a. The instructor should have three or fewer unique
preparations a semester if possible.
b. The instructor shall not be assigned for more than
two consecutive hours of lecture unless by mutual agreement of the
instructor and division chairperson.
c. The normal workday for an instructor will not
exceed an eight (8) hour span unless required to satisfy the
instructor's teaching load or by mutual agreement between the instructor
and the division chairperson.
d. The following courses which involve substantial
student writing assignments will have an assigned class limit not to
exceed twenty-five (25) students:
Composition I, Composition II, Report Writing,
Business Communications, Advanced Formatting, and Advanced News Writing.
The class limit for such courses may be waived by the
mutual consent of the instructor and the division chairperson.
e. In courses which are lecture laboratory,
laboratory, lecture clinic, clinic, or a combination thereof, each one
(1) hour of laboratory or clinic will be equated as .75 semester hour
credit.
f. In Supervised Occupational Experience the
instructor's teaching load will be determined at the rate of one equated
semester hour of teaching load for each unit of 13.5 student credit
hours generated per academic term. The single exception to the ratio of
1:13.5 shall be the John Deere Ag Tech SOE’s which shall be equated at
the ratio of one hour of teaching load for each unit of nine and
one-half (9˝) student credit hours generated per academic term.
g. All full-time teaching faculty will be assigned a
minimum of fifteen (15) advisees, and those assigned more than forty
(40) will be compensated at the rate of .5 equated hours release
time/overload pay per each increment of ten (10) advisees. Following
schedule applies:
41-50 advisees = .5 hrs. release time
51-60 advisees = 1.0 hrs. release time
61-70 advisees = 1.5 hrs. release time
71-80 advisees = 2.0 hrs. release time
81-90 advisees = 2.5 hrs. release time
(Continues as above)
Each division shall receive each semester a listing
of all advisors (including chairpersons) and the number of assigned
advisees for each. This list will be circulated within the division.
h. Full-time instructors shall have first priority
for all classes--day, evening, and summer. Once a class has begun, no
instructor can be displaced unless needed to complete a load for a
full-time instructor.
i. Full-time employees shall have "first right of
refusal" for all courses, overloads, and other duties for which they are
qualified and which are offered by the College. An employee shall be
deemed qualified for courses, overloads and/or other duties by meeting
the minimal qualifications as established by the College.
j. Seniority shall prevail for all overloads,
academic support services, job vacancies, job consolidation, reduction
in force providing qualifications are met as defined in "i." above.
k. Employees who have submitted resignations under
the terms of the Planned Retirement Program shall remain in their
current positions unless a change in position is mutually agreed by the
employee and the College.
It is understood that employees accepted by action of
the Board of Trustees into the Planned Retirement program are subject to
job evaluations as provided in Board Policy No. 05.02.09 and are subject
to annual offers of re-employment. It is further understood that the
Planned Retirement program is a retirement plan, not a contract for
employment.
4. Instructors will:
a. Be on campus, or approved location, for not less
than thirty (30) hours a week. A minimum of three (3) hours a college
day must be served on the campus or a location approved by his/her
Division Chairperson and Vice President for Academic Services.
b. Each instructor shall maintain at least five (5)
scheduled office hours on campus and/or approved location per week for
consultation with students. The weekly schedule for office hours shall
be posted and displayed in a conspicuous place. Any changes in such
office hours shall be posted in a similar manner.
c. The difference between the time spent in class,
preparation, office hours, and the thirty (30) hour requirement may be
distributed as the instructor deems necessary to act as a sponsor for
co-curricular activities, College committee work, division and
departmental meetings, preparation of reports, participation in
College-wide recruitment activities for new students, and other
activities of a similar or relevant nature.
5. Teaching load and overload assignments:
a. No instructor or chairperson having a full-time
assignment shall be assigned or permitted more than ten (10) equated
semester hours of overload each academic year with no more than six (6)
equated overload hours a semester. By mutual consent of the instructor,
Division Chairperson, and Vice President for Academic Services, this
regulation may be waived.
b. No instructor will be required to teach more than
thirty (30) equated semester hours per academic year.
c. Overload assignments for each instructor will be
designated at the time the course schedule is finalized by the Vice
President for Academic Service's office.
d. Instructors who do not make their normal teaching
load during the fall and spring semesters will be subject to the
following conditions:
1) The instructor may elect a prorata salary
reduction on the basis of the number of equated hours actually
taught compared to a minimum of thirty (30) equated semester hours.
2) Accept one or more assignments relating to the
instructor's qualifications by direction of the College which will
provide the equivalent to a full teaching load based on three (3)
clock hours of effort per week for each equated hour of load to
satisfy the minimum requirements.
3) If the instructor elects not to accept option
1 or 2, the Vice President for Academic Services shall assign the
instructor to an equivalent summer load, provided assignments are
available.
6. No Division Chairperson will assign himself/herself
or any other instructor an overload assignment in a given semester within
a specific teaching field when any other member of the division qualified
in that field does not have a full load.
7. Division Chairpersons will have faculty status and
will teach a minimum of fifteen (15) equated credit hours per academic
year. The Division Chairperson's administrative duties shall be specified
in a separate standard agreement between the Division Chairperson and the
College.
8. Distance Learning
a. For the purpose of this contract, distance
learning is defined as both interactive video-based courses and online
courses.
b. An instructor shall receive 1.33 semester hours of
credit toward instructional load for each equated credit hour (ECH) of
online classes and interactive video classes offered at one (1)
base station and one (1) or more remote sites.
c. An instructor shall receive an additional .5
equated credit hour (ECH) toward instructional load for classes with
31-49 students. For every additional twelve (12) students (or fraction
thereof) beyond forty-nine (49) students, an instructor shall receive an
additional .75 ECH toward instructional load.
d. The mutual consent of the instructor, division
chairperson and Vice President for Academic Services is required in
order to offer classes with more than 49 students and/or interactive
video classes with more than 2 remote sites.
e. A Distance Learning Committee shall establish
guidelines governing the offering of all distance learning courses that
originate from sources other than Lake Land College.
B. SALARY GUIDELINES
1. The salary range (see B.7.) applies to a nine-month
base contract relating to the academic years 2000-01, 2001-02, 2002-03 and
2003-04. One-ninth of the nine-month base contract salary will be added
for each additional month for employees who are employed more than nine
months. A proportionate amount will be paid for any contract less than a
month. Academic support personnel who are under contract as full-time
employees after the spring semester grades due day, and before the first
day of staff development for the fall semester, shall be required to work:
a. A total of three hundred fifteen (315) work hours
for two-ninths (2/9) of the nine-month contract salary during the summer
semester.
b. Not less than eight (8) hours per day, nor more
than nine (9) per day as approved by the vice president or his/her
delegates.
It is expressly understood and agreed that this work
schedule shall be applicable to the four-day summer schedule and shall not
be extended to other periods.
2. Summer session will be by special contract, and
full-time instructors will be paid one-ninth of the contract salary a
month for two months for a full load. Salaries for contracts extending
beyond the two-month period will be computed on a prorata basis. Full-time
instructors teaching less than a full load will be paid on a proportionate
basis. A summer school full load is defined as eight (8) equated semester
hours. Equated credit hours exceeding eight (8) hours will be paid at the
overload rate for those excess hours. No overloads will be assigned
without prior approval of the Vice President for Academic Services.
Each academic year a two (2) year plan shall be
prepared based upon the projected needs of the educational program. This
plan will identify courses and instructional activities which are expected
to be offered during summer session. In order to provide staff members
with an equitable opportunity for summer employment each division will
prepare a two (2) year rotational plan identifying those staff members who
will be offered summer session employment consistent with the educational
needs plan. Each division shall prepare an equitable summer rotation plan
that is mutually acceptable to the division and the Vice President for
Academic Services. The educational needs plan and the division rotational
plan shall be reviewed annually and revised as needed.
3. Compensation for overload assignments (teaching
assignments in excess of thirty (30) equated semester hours in the
academic year or eight (8) equated semester hours in the summer session)
will be paid at the rate of $495 for 2000-01, $520 for 2001-02, $545 for
2002-03, and $570 for 2003-04 per equated semester hour.
4. Instructors supervising an independent study course
shall be paid thirty dollars per credit hour upon the student's successful
completion of the course. The initial instructor/student agreement in
determination of the successful completion of the course shall be subject
to the approval of the appropriate instructional dean who may approve
payment to the instructor in special circumstances when all requirements
for successful completion have not been met.
5. Instructors as approved by the Vice President for
Academic Services certifying material for life experience credit under the
Associate and Liberal Studies degrees will be paid according to the
following schedule. Student requests for credit as approved by the Vice
President for Academic Services will constitute the basis for instructor
compensation.
Equated Semester Hours Credit Compensation
0-4 $20
5-11 $40
12-18 $60
19-32 $80
6. The academic year will be defined as 169 days with
at least one day of the required faculty development days to be planned by
a staff development committee consisting of the Dean of Instructional
Services, a representative from each academic division and one nonteaching
faculty member appointed by the President of the Faculty Association.
The College administration and faculty commit
themselves to flexible and equitable staff development.
In the event that an employee's absence is not covered
by Article II, Section F., the days used to compute the deduction from pay
will be determined as follows: actual number of days on the official
calendar for each academic year divided into the dollar amount of the
employee's nine-month base salary for the appropriate academic year times
the number of days absent.
All employees shall participate in planned activities
as assigned by the appropriate vice president, dean(s), and division
chairperson.
7. Minimum salaries for each academic year covered
under this agreement shall be as set forth below:
2000-01 and 2001-02
T-I $25,994
T-II(T+10) $26,333
T-III(T+20) $26,674
T-IV(T+30) $27,014
B $27,355
B+15 $27,710
M $29,417
M+15 $29,749
M+30 $30,090
M+45 $30,532
Phd $31,436
2002-03 and 2003-04
T-I $27,294
T-II(T+10) $27,650
T-III(T+20) $28,008
T-IV(T+30) $28,365
B $28,723
B+15 $29,096
M $30,888
M+15 $31,237
M+30 $31,595
M+45 $32,059
Phd $33,008
a. Substitute teaching either in or outside the
system shall not be considered as creditable experience. Amount of
experience credit for military service shall be one year for each two
years of military service not to exceed four years credit.
b. Workshops, service schooling, or academic class
hours successfully completed since September 1, 1970, by employees shall
be equated to credit hours for horizontal movement on the salary ranges.
c. Fifteen workshops, service schooling, or academic
class hours equals one semester hour credit.
d. The individual employee concerned shall submit the
credit request to the Vice President for Academic Services for approval.
The request should follow the regular channels. Any request not approved
shall be returned, accompanied by a written explanatory statement.
e. Employees must have earned a bachelor's degree
before becoming eligible to move to the bachelor level.
f. Credit earned beyond the master's degree must be
graduate courses in the employee's assigned area of responsibility or
subject matter field or have prior approval by the Vice President for
Academic Services if the credits earned are to be counted toward an
increment on the salary guidelines.
8. a. Employees under contract for the 1999-00
academic year shall receive salary increases of $2,000 for the 2000-01
academic year.
b. Employees under contract for the 2000-01 academic
year shall receive salary increases of 5% of their 2000-01 base salary
for the 2001-02 academic year.
c. Employees under contract for the 2001-02 academic
year shall receive salary increases of $2,200 for the 2002-03 academic
year.
d. Employees under contract for the 2002-03 academic
year shall receive salary increases of 5.25% of their 2002-03 base
salary for the 2003-04 academic year.
9. Employees who qualify to advance from one
educational or training level to another will be compensated an additional
$525.00. Employees who received an earned doctor's degree shall receive an
additional $750.00.
10. New employees shall receive a salary determined by
the minimum salary in the range of appropriate education or training level
plus $525.00 for each previous year of creditable experience.
11. Checks or direct deposit are distributed
semi-monthly for all employees based upon a published schedule. Employees
have the option of receiving their annual salary paid on a nine-month or
twelve-month basis. In either case, the option must be made with the
accounting office no later than the first instructional day of the
academic year and may not be changed during the school year. Payment for
all overloads will be made during the spring semester and may be made on a
monthly basis or at the end of the semester as elected by the employee.
Payments for overloads may be made prior to the spring semester upon
verification by the Vice President for Academic Services that the employee
will have a full teaching load for the year.
12. The Board supports the concept of payroll
deductions as a service of the College to individual employees to the
extent the process is commensurate with sound financial practices and
procedures. Payroll deductions, upon written request of the individual
employee, will be authorized for contributions to charitable
organizations, state and federal tax withholding, personal interests
related to the investment of income, insurance, retirement, and dues of
organizations and associations which promote the academic and/or
professional interests of higher education.
13. Employee assignments for additional duties
involving release time, stipends, and/or special contracts shall be
determined between the employee and the administration and are not part of
the Board/Faculty agreement. It is further understood and agreed that the
employee who is offered an extra assignment shall have the option of
accepting or rejecting such assignment.
C. INSURANCE
A comprehensive insurance program shall be made available
for all employees defined in Article I, Section A.6.
1. Life insurance in the amount of $40,000 is
provided for all full-time employees, with an additional $40,000
accidental death and dismemberment. The College will pay the premiums for
the employee. Optional life insurance is available for eligible employees
and employee's spouse up to a maximum of $150,000 each if underwritten by
the current insurance carrier. Optional life insurance is available for
the employee's dependent children (as defined in the insurance policy) in
the amount of $5,000. All optional costs are paid by the employee.
2. Health, major medical, and dental insurance
is available for every full-time employee. The College will pay the
premium for the employee from July 1, 2000 through June 30, 2004. The same
coverage is available for dependents. The College will pay for one-half
(˝) of the premiums associated with dependent coverage for the same
period.
a. The College will provide a booklet to each
employee identifying the health, major medical, and dental insurance
coverage.
b. The College agrees to conduct periodic employee
orientation and education programs related to group insurance costs,
benefits, and utilization. An insurance committee, with faculty
representation, will annually evaluate the program for the purpose of
emphasizing cost containment related to coverages and report to the
faculty by April 1 of each year.
3. Retirement Provisions.
Those retired employees and their dependents
participating in the College’s group health insurance plan as of August
22, 2000 and those current employees (along with their eligible
dependents) accepted into the College’s Planned Retirement Program before
August 22, 2000 shall have the option of remaining in the College’s group
health insurance plan and pay the full premium for those coverages for as
long as they wish to remain in the plan. It shall be the responsibility of
the employee to initiate the request with the Business Services office
upon retirement. Effective August 23, 2000 no additional retiring
employees, retirees nor anyone accepted into the Planned Retirement
Program after that date will be permitted to participate in the College’s
group health plan upon retirement.
The spouse of a deceased employee may qualify for COBRA
coverage. Both the spouse and the retired employee must have been in the
College’s group health plan at the time of death of the retired employee.
Inquiry should be made at the Business Services office.
Life Insurance
Employees who retire on or after March 1, 2000 may keep
their life insurance coverage until the age of 70 by paying all premiums.
Options for life insurance coverage beyond this age are available directly
from the insurance provider.
4. Worker's Compensation. Any accident or illness
which is the result of employment is covered by Worker's Compensation.
Faculty members who are injured while working for Lake Land College must
report the accident immediately to health services, the business office,
or the administrator in charge even if the injury does not seem to warrant
medical attention so an accident report can be prepared.
Time lost due to an accident as a result of employment
is not deducted from the faculty member's sick leave. The College will
continue salary benefits through the first three (3) working days, at
which time Worker's Compensation will start paying the faculty member for
time lost. In the event the disability from an accident extends beyond ten
(10) working days, Worker's Compensation insurance will pay from the first
(1st) day of disability. The faculty member would then reimburse the
College for the first three (3) working days' compensation.
In the event that Worker's Compensation denies the
claim and an appeal is unsuccessful, the employee, upon return to work,
can use available sick leave days to cover the absence. In the event that
sick leave day benefits expire prior to release by a physician to return
to work, the employee may refer to the provisions of the State
Universities Retirement System disability benefits.
D. TRAVEL POLICY
1. The administration shall encourage employees to
attend professional meetings and engage in professional development
activities. Special encouragement will be given to employees attending
meetings at which the employee will be an active participant (speaker,
officer, moderator, etc.).
2. It shall be the responsibility of the division
chairperson to recommend employees for attendance at meetings. It is
expected that attendance at meetings will normally be equally distributed
within a division. It is expected that only one member of a division shall
be at a national meeting.
3. Mileage reimbursement for approved travel by
personal vehicle shall be at a rate of $.32 per mile. When convenient and
practical, travel is to be made by the most economical method. All
measurements for mileage will start and end at the employee's campus
office unless the actual distance traveled by the employee is less. Prior
approval shall be given by the appropriate vice president.
4. All travel expenses will be paid by the College for
all who attend meetings in any official capacity and who have been
approved to attend by the administration. When travel is approved, no
deduction from salary shall be made for being absent from duties. Any
member covered under this agreement who is on approved College travel
during contractual service days and receiving full salary for such days
will refund to the College or College Foundation any remuneration or
honorarium received during the period of travel.
5. A copy of the travel approval will be presented to
the accounting office for payment. A per diem of $15 for meals will be
paid with no overnight stay. In cases involving overnight stay, the per
diem will be $27. For example, meal reimbursement for a two-day trip with
an overnight stay will be $42. The per diem meal allowance for travel to
Illinois metropolitan areas (counties of Cook, Will, DuPage, Kane,
McHenry, Lake) and out-of-state will be $37.
No receipts for meals will be required if a receipt for
lodging is presented for reimbursement, but the per diem request must be
approved by the appropriate vice president. If no receipt for lodging is
presented, receipts for meals purchased must accompany the request for
reimbursement. Per diem maximums shown in the previous paragraph continue
to apply. Full terms of travel are contained in Board Policy No. 10.34.04.
6. Travel between Lake Land College and off-campus
sites shall be approved travel and shall be reimbursed at the rate
specified in paragraph D.3. above.
E. TUITION WAIVER
Employees and retired employees will be approved for a
tuition waiver for state-funded courses offered by Lake Land College. The
employee will submit an application for a tuition waiver for each course to
the accounting office prior to registration. Conditions for the application
are:
1. Eligibility for a tuition waiver shall include the
employee, spouse, and their dependent children under 23 years of age.
2. Tuition waiver students shall not be included in the
determination of the minimum number of students required for a class to be
taught.
3. Employees shall not enroll in classes during normal
working hours, subject to contract provisions.
4. Tuition waiver students shall be subject to all
registration and course fees when enrolling in a course.
5. Tuition waiver students and employees may apply for
scholarship funds that could be used in lieu of tuition waivers; however,
they are not required to do so.
6. Upon approval of the appropriate vice president,
both tuition and fees will be waived for courses taken for professional
development.
F. LEAVES
1. Sick Leave
a. All employees will be granted twelve (12) days
sick leave with full salary for each academic year. Employees on eleven-
or twelve-month contracts and those with summer contracts will be
granted two (2) additional days of sick leave per year. Such leave is
available on the first day of each academic year. Any unused portion of
the sick leave will be accumulative without a maximum. Employees who
have previously been employed in other educational institutions will be
credited with additional sick leave as follows:
1 year previous experience - 5 additional days
2 years previous experience - 10 additional days
3 years previous experience - 15 additional days
b. Sick leave may be used for personal illness,
illness in the immediate family, and for pregnancy. The immediate family
shall mean the mother, mother-in-law, father, father-in-law, spouse,
son, daughter, brother, or sister of the employee, or any relative
living in the immediate household of the employee.
c. Employees will notify their supervisor promptly
upon determining that illness will prevent them from performing their
regularly assigned duties and will keep the College informed of their
status on a timely basis. A form certifying the nature of the illness
will be signed by the faculty member and forwarded to his/her
supervisor, appropriate administrator, and the personnel office. A
statement certifying the illness or absence from a physician may be
required if the illness extends beyond one (1) week to insure that the
employee has sufficiently recovered to return to work.
d. Sick Leave Pool
A pool of sick leave days, contributed by other
faculty, may be made available to a faculty member who is suffering from
a prolonged personal illness, has exhausted his/her accumulated sick
leave and personal leave, and has a reasonable expectation of returning
to work.
The Director of Personnel will administer all sick
leave pools. A faculty member wishing to benefit from a sick leave pool
must make a request in writing to the Personnel Office. A physician’s
statement or other documentation of illness must accompany the request.
The request must be approved by both the Vice President for Business
Services and the President of the Faculty Association before a sick
leave pool is initiated. The Vice President for Business Services and
the President of the Faculty Association will utilize the following
criteria: 1) statement of request from the faculty member; 2)
certification of illness by a physician; 3) estimation of date of return
by a physician; 4) proof of need.
A faculty member may voluntarily donate sick days to
a sick leave pool for another faculty member's use by notifying the
Personnel Office through a written, signed and dated request. The
request must specify the intended recipient faculty member and the
number of sick leave days to be donated. Each faculty member, who shall
remain anonymous, will be limited to donating a maximum of two (2) days
of his/her sick leave per academic year.
Sick leave days collected in the pool will be
credited to the recipient faculty member, as needed, in the order in
which the Personnel Office had received the donors’ requests. Donated
days not used by the recipient faculty member shall not accumulate as a
sick leave pool. Once the recipient faculty member returns to work or
leaves college employment, all unused sick day donations will be
returned to the donors.
Once a sick day is credited to the recipient faculty
member, the sick day will be deducted from the accumulated sick days of
the donor faculty member who shall have relinquished all rights to that
sick day.
Each faculty member receiving donated sick days will
be limited to a maximum of 40 donated days over a period of two
consecutive academic years.
2. Bereavement Leave
Bereavement leave up to five (5) days per occurrence
with pay will be available in the event of the death of the employee's
spouse, child, step child, parents, and step parents. Bereavement leave of
up to three (3) days will be available in the event of the death of the
employee's mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother, sister, sister-in-law, brother-in-law, grandparents,
grandchildren, aunts, uncles, nieces, nephews, or foster parents. Such
leave is nonaccumulative and shall not be deducted from the employee's
accumulated sick days.
3. Leave For Jury Duty or Court Attendance
Employees who are summoned to court to perform jury
duty shall be granted leave with pay. Employees who are subpoenaed to
attend court or board hearings to testify in matters in which they have no
personal or monetary interest shall be granted leave with pay. Employees
who due to their College employment are required to attend court as
parties to lawsuits will be granted leave with pay. Any remuneration,
excluding mileage, received for jury duty or for testifying before a court
or board shall be refunded to the College. In any case, leave for jury
duty or for court attendance will not be charged to sick leave.
4. Sabbatical Leave
On completion of six consecutive years of satisfactory
full-time employment since July 1, 1967, in Community College District
#517, current full-time employees covered by this contract will qualify
for consideration for sabbatical leave for the purpose of pursuing
full-time study, training, or retraining at an appropriate institution
designed to broaden individual teaching potential in areas of determined
need in the College.
a. A sabbatical leave selection committee shall be
appointed to evaluate the request for leave. The committee shall be
composed of one nonteaching faculty member, one teaching faculty member
from each division appointed by the president of the Lake Land College
Faculty Association, the Vice President for Academic Services and the
Vice President for Student Services. All appointments shall be for
three-year rotating terms except for nondivisional members. In the event
a member of the selection committee may request a sabbatical leave,
he/she shall resign from the committee prior to the submission of the
request, and he/she shall be replaced by another member from the
division for the duration of his/her term as divisional representative.
b. The committee shall establish guidelines for
preparing sabbatical requests and make them available not later than
November of each year. The Vice President for Academic Services shall
chair and preside at all meetings of the committee.
c. A request in writing for sabbatical leave shall be
submitted to the Vice President for Academic Services who in turn will
present the request to the sabbatical leave selection committee. Such a
request must be filed not later than the first class day of the spring
semester of the academic year preceding the academic year in which the
sabbatical leave is desired. Applicants will be informed in writing of
the committee's recommendation.
d. The sabbatical leave committee will review all
applications, and, based on potential value to the College, the
chairperson will submit, in rank order, recommendations to the
President. The President will attach his/her own recommendations and
submit both sets to the Board. Approval for the granting of the leaves
shall be made by the Board. Members selected for sabbatical leave shall
be notified following the regularly scheduled March Board meeting of the
academic year preceding the academic year in which the leave is desired.
e. A maximum of four (4.0) percent of the full-time
College employees covered by this contract may be on sabbatical leave in
any given academic year provided that suitable replacements can be
found. The number allowed from a given division in any one year will be
determined by the President after consulting with the Vice President for
Academic Services.
f. Leaves shall be granted for a period of time not
to exceed one year.
g. A written report of compliance with the purpose
for which the leave was granted shall be presented to the President at
the completion of the leave.
h. Compensation during the sabbatical leave for staff
members shall be in an amount equal to 100% of the academic year
contractual base salary for a leave of one semester or for a period less
than a semester if appropriate arrangements can be made; 50% of the
contractual salary if for a leave of two semesters.
i. The compensation described will be paid in the
same manner and at the same time as salaries paid other members of the
staff or in some other manner mutually agreeable between the President
and the employee.
j. All salary increases, fringe benefits, and the
like negotiated while the employee is on sabbatical leave shall be
recognized during the sabbatical leave if all other requirements are
met.
k. An employee on sabbatical leave will retain
his/her status as a member of the State Universities Retirement System
and with the College insurance plans.
l. An employee granted a sabbatical leave shall agree
to serve at least two academic years at Lake Land College immediately
following the leave and shall give a judgment note for the amount of
salary paid while on leave. Said note shall be cancelled at the end of
the years of service required or at the death or disability (defined as
the employee being unable to perform his/her contracted job) of its
maker.
m. Upon return from a sabbatical leave, an employee
will be reinstated to a position which is at least equivalent in rank
and salary to the one held at the time the leave was granted.
n. Employees who have been accepted by the Board of
Trustees in the College's Planned Retirement Program will not be
eligible for a sabbatical leave.
5. General Leave of Absence
A leave of absence may be granted upon approval of the
President and the Board. The employee must use the granted leave for the
approved purpose. A leave of absence is defined as an extended leave (for
up to two years) without pay and fringe benefits. At termination of the
leave, the employee is guaranteed reinstatement in a position which is at
least equivalent to the one he/she held prior to the leave. Seniority will
not be affected by an approved general leave of absence, and upon return
the employee will receive all negotiated benefits (not retroactive during
the period of the leave). An employee will notify the personnel office in
writing three months prior to the end of the approved leave of his/her
intention:
a. To return to full-time employment with the College;
b. To terminate employment with the College; or
c. To request an extension of the leave.
6. Maternity and Parental Leave
a. The Board will grant a request for leave without
pay and fringe benefits for pregnancy and childbirth for a period not to
exceed one year. The dates of the leave shall be agreed upon by the
College and the employee. For approved leaves over six months, the
employee will notify the personnel office in writing at least three
months prior to the end of the approved leave of an intention:
1) To return to full-time employment with the College;
2) To terminate employment with the College; or
3) To request an extension of the leave.
The employee will be returned to the original
position or to a position of like status and pay. A one-year extension
of the leave may be renewed upon application to the personnel office and
approval by the President. The three-month provision shall apply to
extended leaves.
b. Parental Leave. The Board will grant a request for
leave without pay and any fringe benefits for childrearing, including
the adoption of a child, for a period not to exceed one year. The dates
of the leave shall be agreed upon by the employee and the College. For
leaves over six months, the employee will notify the personnel office in
writing three months prior to the end of the approved leave of an
intention:
1) To return to full-time employment with the College;
2) To terminate employment with the College; or
3) To request an extension of the leave.
The three-month provision applies to extended leaves.
The employee will be returned to the original position or to a position
of like status and pay. A one-year extension of the leave may be renewed
upon application to the personnel office and approval by the President.
7. Family and Medical Leave
a. Leave Entitlement
1) Eligible employees may use unpaid family and
medical leave of absence of up to twelve (12) weeks during the
College fiscal year, July 1 through June 30 of the following year,
for one or more of the following reasons:
a) Because of the birth of a son or daughter
of the employee and in order to care for such child.
b) Because of the placement of a child with
the employee for adoption or foster care.
c) In order to care for the spouse, son,
daughter, parent or parent-in-law of the employee if such
spouse, son, daughter or parent has a serious health condition.
d) Because of a serious health condition that
makes the employee unable to perform the functions of the
employee's position.
2) If both spouses are employed by the College,
they may together take only twelve (12) weeks of family and medical
leave when the reason for the leave is either a) or b) above.
3) If the reason for the leave is c) or d) above
and the College makes a request, the employee shall, within fifteen
(15) days, support a request for a family or medical leave with a
certificate completed by the employee's or family member's health
care provider. If the reason for the leave is c) above, the
certificate must state that a family member should care for the son,
daughter, spouse, parent, or parent-in-law and an estimate of the
amount of time that such employee is needed. If the reason for the
leave is d) above, the certificate must indicate that the employee
is unable to perform the functions of the position. In the case of
intermittent leave for planned medical treatment, the certificate
shall indicate the dates on which such treatment is planned and the
duration of the treatment. Failure to provide the certification may
result in a denial of the leave request.
4) The term "serious health condition" shall mean
an illness, injury, impairment, or physical or mental condition that
involves: 1) inpatient care in a hospital, hospice, or residential
medical care facility; or 2) continuing treatment by a health care
provider.
5) If the reason for the leave is a) or b) above,
the leave shall not be taken by an employee intermittently unless
the employee and the appropriate vice president agree otherwise. If
the reason for the leave is c) or d) above, leave may be taken
intermittently when medically necessary. If an employee requests
intermittent leave because of c) or d) above and the leave is
foreseeable based on planned medical treatment, the employee shall
schedule such leave in a manner that will not unduly disrupt the
College's operation. In such cases the College may require the
employee to transfer temporarily to an available alternative
position for which the employee is qualified and which: 1) has
equivalent pay and benefits; and 2) better accommodates recurring
periods of leave.
b. Eligibility
To be eligible for family and medical leave an
employee must have been employed by the College for at least twelve (12)
months and for at least 1,250 hours during the 12-month period
immediately before the beginning of the leave.
c. Other Paid Leave
An eligible employee may elect, or the College may
require the employee, to substitute any of the accrued paid vacation
leave, personal leave, sick leave, family leave, or any other paid leave
to which the employee may be eligible under this agreement for all or
part of any unpaid family and medical leave.
d. Notice
If possible, employees must provide the College with
notice at least thirty (30) days in advance of when a leave is to begin.
If a 30-day notice is not practicable, the notice must be given within
two (2) business days of when the need for the leave becomes known to
the employee. Employees anticipating the need to take family or medical
leave shall provide the College, at the earliest practicable date,
verbal notice sufficient to make the College aware that the employee may
need to take a family or medical leave and the anticipated timing and
duration of the leave.
e. Restoration to Position
Upon returning from a family and medical leave an
employee shall be restored either to the position of employment held by
the employee when the leave commenced or to an equivalent position with
equivalent pay, benefits and other terms and conditions of employment.
f. Applicability of the Family and Medical Leave Act of 1993
Those provisions of the Family and Medical Leave Act
of 1993, as amended, which are not referenced or otherwise covered by
this contract provision are hereby incorporated into this agreement by
reference and shall apply in respect to all family and medical leaves in
the same manner as if those provisions were included in this agreement.
8. Employee Benefits While on Leave
a. An employee granted an unpaid leave of absence may
elect to participate in the State Universities Retirement System during
the period of the leave; the employee shall make all contributions. An
employee may elect to participate in the College benefit program during
the period of an unpaid leave; the employee shall make 100% contribution
to all applicable benefits.
b. During an unpaid family and medical leave, the
College will maintain the employee's regularly provided health benefits
and will continue the College's required contributions toward the cost
of the health insurance premiums at the level and under the conditions
coverage would be provided if the employee maintained continuous
employment. If the employee does not return to work upon completion of
the leave period, the College may recover those contributions made by
the College to maintain the employee's health insurance benefits.
c. An employee taking an unpaid leave of absence
shall not suffer the loss of any employment benefit accrued prior to the
date on which the leave commenced. During the unpaid leave period, an
employee shall continue to accrue seniority.
9. Personal Leave
Personal leave with pay of up to two (2) days may be
used by an employee during any year commencing with the fall semester for
the purpose of caring for personal, legal, household, or family matters
which require absence from professional responsibilities. Personal leave
shall not be used for the purpose of extending a holiday or academic
break. However, any unused days shall be applied to the employee's
accumulative sick leave total following the end of the contract year.
Except in an emergency, employees desiring to use
personal leave shall notify the appropriate vice president or designated
administrator in writing in advance, if possible. When advance
notification is not possible because of an emergency, the employee must
substantiate the leave in writing within three days after return to work.
Failure to do so will result in loss of pay for the leave days taken.
Additional personal leave may be granted without loss of pay if the
purpose of such leave is stated and approved in advance.
Personal days used by teaching faculty will not be
deducted from unused sick leave. Personal days used by teaching faculty
may be used in one-half (˝) day increments. Personal days used by
40-hour-per-week employees will not be deducted from unused sick leave and
may be taken in increments of two (2) hours or greater.
10. Military Leave
In the event a member of the bargaining unit is called
to emergency military duty and, at the time of call up, is in a work
status with the College, said employee shall be granted up to two (2)
weeks of emergency leave with partial compensation if the employee's
military pay, including allowances in excess of out-of-pocket expenditures
for those items of expense for which the allowance is paid, is less than
the employee's salary from the College. The partial compensation shall be
the difference between the member's College and military compensation,
including allowances in excess of out-of-pocket expenditures for those
items of expense for which the allowance is paid. Emergency leave salary
reimbursement shall be limited to one period in any twelve-month period.
Any additional emergency military duty will be granted in accordance with
the applicable provisions of law.
11. Training/Retraining Program
Full-time faculty members who are subject to
retrenchment affecting their program, teaching, or academic support
service shall be given the opportunity to retrain in lieu of layoff. In
order to qualify for reimbursement of paid tuition and fees incurred for
course work which upgrades present skills or provides a means of
retraining in the same or different academic discipline, the following
conditions and limitations shall be applicable to College-approved
training or retraining programs for faculty and staff covered by this
agreement:
a. A Training/Retraining Committee, chaired by the
Vice President for Academic Services, including administration, the
Association President, one nonteaching faculty and one teaching faculty
from each academic division as appointed by the College President, will
be formed to discuss problem areas and determine faculty members to be
affected. The committee shall consider possibilities for mergers before
retrenchment is considered. But, if retrenchment is deemed necessary,
potentially affected faculty members will be identified in order of
seniority, entailing services each faculty member is competent to
render.
b. Potentially affected faculty members shall be
officially notified no later than October 15 of the academic year prior
to the anticipated academic year of the proposed elimination. Affected
faculty members shall be given an opportunity to meet with the
appropriate vice president to establish a retraining plan based upon
program, teaching, and academic support needs of the College. The agreed
upon retraining plan will then be submitted to the Training/Retraining
Committee for approval. Arrangement of schedules and courses for
retraining shall be the responsibility of the affected faculty member.
c. Upon completion of the approved plan for
retraining, the employee will be reimbursed by the College for the
actual tuition and fees paid for the course(s), excluding travel and
incidental expenses.
d. It is expressly understood and agreed that, unless
release time, a sabbatical, or an unpaid leave is granted to eligible
faculty members, the participating employee shall be required to satisfy
all contractual teaching or job assignment responsibilities, including
the maintenance of the required number of hours per week on campus while
pursuing the College-approved training or retraining program.
e. Tuition and fees charged for courses offered by
Lake Land College shall be covered under the applicable provisions of
the College tuition waiver program for faculty and staff as set forth in
this agreement.
f. Any credit hours earned which are subject to the
reimbursement of tuition and fees by the College shall not be applicable
to nor used by participating employees to satisfy the requirements for
advancement on the salary schedule due to a change in education or
training level.
g. Any employee participating in a College-approved
training or retraining program shall be required to render service to
the College for at least one full academic year after the completion of
the program. He/she shall guarantee reimbursement to the College in the
event that this contractual obligation is not fulfilled by giving a
judgment note in favor of the College in the amount of reimbursement.
The note shall be cancelled at the end of the year of service required
or at the death or disability (defined as the employee being unable to
perform his/her contractual job responsibilities) of its maker.
h. In lieu of retraining, faculty members affected by
retrenchment have the option of participating in the LLC/SURS early
retirement. Affected faculty members opting for early retirement shall
not be counted as part of fifteen (15) percent as described in Article
II, Section G.4., page 28.
i. For the period of 24 months from the beginning of
the school year for which the faculty member was dismissed, any faculty
member shall have the preferred right to reappointment to a position
entailing services he/she is competent to render prior to the
appointment of any new faculty member, provided that no nontenure
faculty member or other employee with less seniority shall be employed
to render a service which a tenured faculty member is competent to
render. (103B-5 Illinois Public Community College Act.)
G. PLANNED RETIREMENT PROGRAM
1. To enhance long-range planning, Lake Land employees
are encouraged to submit resignations up to four (4) years in advance of
their retirement date. Upon acceptance of the resignation by the Board of
Trustees, qualified employees will receive an additional salary increase
of twenty percent (20%) of his/her contractual base salary.
2. To qualify, employees must meet the following criteria:
a. An employee must be qualified to receive a
retirement annuity from S.U.R.S. without any reduction or penalties for
early retirement by the employee's retirement date.
b. Employed full-time at Lake Land College.
c. Submit signed resignation form to the President up
to four (4) years prior to retirement.
d. Retirement must occur within four (4) years of
qualifying for S.U.R.S. as required in "a." above.
3. An intent to resign must be submitted to the
President by December 31 prior to the year in which a resignation will be
given except the first year an employee may submit an intent within thirty
(30) days of the effective date of this plan. The salary adjustment will
begin within thirty (30) days of Board of Trustee approval of the
employee's resignation except the salary adjustment may not commence
sooner than four (4) years prior to the effective date of resignation.
4. At the discretion of the Board of Trustees, the
number of resignations accepted in advance may be limited to fifteen
percent (15%) of employees qualified. Should this option be invoked,
resignations will be accepted on a seniority basis within employee group
with Lake Land College. Employees denied will have one year added to the
four (4) year window of opportunity.
5. Employees who are paid by grant programs may
participate in Planned Retirements only if funds are available through
their grants to pay the 20% salary increase.
H. BREAKS AND HOLIDAYS
Academic support employees who are requested to work during
semester break, holiday period or other times as determined by the official
academic calendar as being a non- contractual period will be granted
equivalent days off. Exception to the above are College designated holidays
and Sundays which shall be compensated at one and one-half (1˝) times
equivalent days off. The schedule for the compensatory days will be requested
by the employee and submitted to his/her immediate supervisor for approval.
Academic support employees who are traditionally assigned
to work during semester break and spring recess may request approval from the
appropriate vice president to use equivalent compensatory time off prior to
actually working the extra days, provided the employee assumes responsibility
for reimbursing the College for any compensatory time off not actually earned.
ARTICLE III
Grievance Procedure
A. DEFINITION
A grievance is defined as an alleged violation,
misinterpretation, or misapplication of a specific article or section of this
contractual agreement.
B. GUIDELINES
1. The resolution of grievances shall transpire during
times mutually agreed upon by both parties at the respective steps.
2. The grievant must be present at all grievance
hearings and conferences.
3. The grievant, at his or her option, may request that
a member or representative of the Association participate in the grievance
process. However, an Association representative must be present at all
steps following the Informal Stage. The administration will inform the
Association of times and places of all meetings where the grievant has not
requested Association representation.
4. The grievant may withdraw a grievance at any time.
5. The Association shall have the right to present
grievances when a class action involving two or more members of this
bargaining unit is in dispute.
6. The time provisions at any step may be altered by
mutual consent of the grievant(s) and the appropriate representative of
the College.
7. At each level beyond the Informal Stage, signatured
triplicate copies of the grievance and the subsequent response, also in
triplicate, shall be issued. The grievant retains a copy of all filings
and responses. A second copy of all statements will remain with the
administration at the appropriate level and may be forwarded as necessary.
A third copy will be sent to the Association.
C. GRIEVANCE STEPS
1. Informal Stage:
An individual employee, who within 40 contractual days
within the academic year that the alleged grievance became known to the
grievant believes his or her rights have been abridged as provided in this
contract, shall make an attempt to resolve any grievance in an informal
verbal discussion between the employee and his or her immediate
supervisor.
2. Formal Stage:
a. Step One. If the grievance is not resolved in the
Informal Stage, the grievant may, within five (5) College business days
of the time of the final action in the Informal Stage, present in
writing to his/her immediate supervisor the grievance. A statement of
the grievance shall: name the grievant involved, state the facts giving
rise to the grievance, identify all provisions of this contract alleged
to be violated, state the contention of the grievant, be signed by the
grievant, and indicate the settlement requested. Within five (5) College
business days after the written grievance has been presented to the
immediate supervisor, a conference shall be arranged to discuss the
grievance. Within five (5) College business days after the conference, a
written response from the immediate supervisor stating the disposition
of the grievance shall be forwarded to the grievant with copies
forwarded to the Association and to the appropriate dean/associate vice
president/vice president.
b. Step Two. If the grievance is not resolved in Step
One of the Formal Stage, the grievant may, within five (5) College
business days of the filing of the decision of the immediate supervisor,
submit to the appropriate dean/associate vice president/vice president a
statement of the grievance signed by the grievant. Within five (5)
College business days after receipt of the statement of the grievance,
the appropriate dean, associate vice president or vice president shall
arrange a conference with the grievant to discuss the grievance. Within
five (5) College business days after the final conference, the dean,
associate vice president or vice president shall file a written
disposition of the grievance with the grievant and forward copies to the
President of the College and to the Association.
c. Step Three. If the grievance is not resolved in
Step Two of the Formal Stage, the grievant may, within five (5) College
business days of the filing of the decision of the appropriate
administrator, submit to the President of the College a statement of the
grievance signed by the grievant. Within five (5) College business days
after receipt of the statement of the grievance, the President shall
arrange a conference with the grievant to discuss the grievance. Within
five (5) College business days after the final conference, the President
shall file a written disposition of the grievance with the grievant and
the Association.
d. Step Four. If the grievance is not resolved in
Step Three, the grievant may, within five (5) College business days of
filing of the decision of the President of the College, submit the
grievance to the Board's Personnel Committee. The President of the
College shall forward all written statements pertaining to the grievance
along with a copy of the grievant's statement of grievance to the Board.
If the statement of grievance is received one week prior to the regular
monthly Board meeting, the grievance will be placed on the agenda for
the Board meeting, or if received subsequent to the aforementioned
deadline date, at the next regularly scheduled meeting. The Board shall
review all documents submitted by the grievant and the College President
pertaining to the grievance and may, at its discretion, hold hearings
and conferences and, if desirable, seek further information pertaining
to the grievance. The grievant upon request will be granted a hearing
with the Board at that Board meeting. The Board shall render a decision
at said meeting. Within five (5) College business days, the Board will
file with the grievant and the Association a written disposition of its
decision.
e. Step Five. If the grievance is not resolved
satisfactorily, the Association, within thirty (30) days after receipt
of the written reply from Step Four, may submit a demand in writing to
enter into binding arbitration. The American Arbitration Association or
a body designated by the Illinois Educational Labor Relations Board will
be requested to provide a panel of at least five arbitrators under the
Voluntary Labor Arbitration Rules. Selection of the arbitrator shall be
made by the parties alternately striking a name from the list provided
until one name remains and this named person shall serve as arbitrator.
The party eligible for the first deletion shall be determined by chance.
D. ARBITRATION
1. The arbitrator shall make his/her decision in
writing and in his/her opinion shall not amend, modify, nullify, or add to
the provisions of the agreement. His/her authority shall be strictly
limited to deciding only the issue or issues presented to him/her in
writing by the Board and the Association and his/her decision must be
based solely upon his/her interpretation of the meaning or application of
the express relevant language of the agreement. The arbitrator is
empowered to include in any award such financial reimbursements or other
remedies as will make the grievant whole.
2. The arbitrator shall have no authority to render an
opinion inconsistent with the state or federal laws.
3. Expenses for the arbitrator's services and the
expenses which are common to both parties to the arbitration shall be
borne equally by the Board and the Association. Each party to an
arbitration proceeding shall be responsible for compensating its own
representatives and witnesses.
4. If either party requests a transcript of the
proceeding, that party shall bear the full cost of that transcript. If
both parties order a transcript, the cost of the two transcripts shall be
divided equally between the parties. If a copy of the transcript shall be
furnished to the arbitrator, the cost of such will be divided equally
between the parties.
5. Neither the Board nor the Association shall be
permitted to assert any grounds or evidence before the arbitrator which
was not previously disclosed to the other party.
6. The arbitrator shall not have the power to retain
jurisdiction in any case after he/she has rendered his/her final decision.
7. The decision of the arbitrator shall be binding on both
parties.
8. Failure at any step of the procedure to communicate
the decision on a grievance within the specified time limits shall permit
lodging an appeal at the next step. Failure to appeal a decision within
the specified time limits shall be deemed an acceptance of the decision.
When a decision is rendered, it shall include background and reasoning.
ARTICLE IV
Professional Rights and Responsibilities
A. INTELLECTUAL PROPERTY RIGHTS (Board Policy No. 05.14)
Copyrights
1. The College recognizes that the creation of
scholarly materials can be of benefit to the author and the College and is
to be encouraged. This policy is intended to foster the traditional
freedoms of faculty with regard to the creation of such materials and to
provide a fair balance of the interests in such works.
2. Works subject to copyright may include, but are not
limited to, the following:
a. Books, journal articles, texts, glossaries,
bibliographies, study guides, laboratory manual syllabi, tests, and
proposals.
b. Lectures, dramatic or musical works, and
unpublished scripts.
c. Films, film strips, charts, transparencies, and
all other visual aids.
d. Pictorial, graphic and sculptural works.
e. Audio and video tapes and cassettes.
f. Programmed instruction materials.
g. Computer programs.
3. Under copyright law, the right to copyright any of
the above, or to assign subsidiary rights, normally belongs to the author
of the work. However, in the case of "work for hire," the employer or
other entity for whom the work has been prepared is considered the
copyright owner. To establish guidelines for determining whether or not a
"work for hire" relationship exists and to balance the equitable interests
involved, the following principles will be followed:
Ownership in copyrightable works produced by authors
who are faculty at the College shall remain with the faculty authors
except in the following situations, in which ownership of all rights in
copyrightable works produced shall belong to the College (for the benefit
of the College):
a. Works prepared under an agreement with an external
party (e.g., a grant or contract) where the terms of the agreement
require the College to hold or transfer ownership in the copyrightable
work.
b. Works expressly commissioned in writing by the
College; or
c. If an author is uncertain about the ownership of
a work arising out of a particular assignment, before undertaking the
assignment the author shall be entitled to request and to receive a
clarifying written statement from the President of the College.
4. If more than half the cost of production of a
copyrightable work not considered a "work for hire" hereunder was provided
through College resources, the faculty author shall grant the College an
irrevocable, nonexclusive, royalty-free license to use, copy, and sell
such work in connection with its teaching, research and public service
programs.
5. With respect to copyrightable works owned or used by
the College pursuant to paragraph 3 or 4 above, the author may be required
to execute such documents as are necessary to vest ownership or a
royalty-free license to copy, use, and sell such works in the College or
its designee and to warrant that such works do not infringe any
pre-existing copyright.
6. When the College commissions the preparation of a
copyrightable work by an author who is not a faculty member, the contract
with such authors shall specify that the work shall be considered "work
for hire."
7. Works owned by the author may be copyrighted,
published, and distributed by the author, or by others to whom the author
has assigned such rights, subject only to any license referred to in
paragraph 4 above. Authors may request that the work be produced through
the College; and, if the request is granted, an agreement will be drawn up
specifying the duties of the author and the College, the distribution of
any income received between the author and College (for the benefit of the
College), and other mutually agreed-upon terms. The agreement shall be
approved by the President of the College, after considering the
recommendations of the appropriate research administrator or committee.
8. To avoid the appearance of impropriety,
faculty-authors who require their students to purchase their works should:
a. Donate the equivalent amount of any royalties
received from such purchases to the College for use in an appropriate
fund (e.g., department or College scholarship); or
b. Consider other appropriate methods of divesting
themselves of the equivalent amount of any such royalties.
9. In the event that income is received by the College
from any copyrightable works belonging to the College, an appropriate
share shall be paid to the author. The amount of said share shall be
determined by the President of the College, after considering the
recommendations of the appropriate research administrator or committee.
10. The College’s share of copyright income shall be
used and controlled in ways to produce the greatest benefit to the College
and to the public in a manner to be determined by the President of the
College, after considering the recommendations of the appropriate research
administrator or committee.
Patents
1. The principle is recognized that discoveries,
inventions, and patents which are the result of research carried on by, or
under the direction of, faculty on College time, with significant use of
College facilities, or from College funds under their control belong to
the College and shall be used and controlled in ways to produce the
greatest benefit to the College and to the public.
2. Patentable inventions or discoveries covered by
paragraph 1 above shall be submitted to the appropriate research
administrator or committee to be considered for submission to a research
corporation which may patent and commercialize the invention or discovery
without expense to the inventor or discoverer or to the College. If an
invention is not submitted to or accepted by such research corporation,
its disposition will be determined by the President of the College, after
considering the recommendation of the appropriate research administrator
or committee.
3. In the event that income is received by the College
(for the benefit of the College) from any patent, an appropriate share
shall be paid to the inventor or discoverer. This share is to be
determined by the President of the College, after considering the
recommendations of the appropriate research administrator or committee.
4. Agreements with sponsors, which provide that the
sponsor may determine disposition of patentable inventions or discoveries,
may be accepted when required by applicable state or federal statutes or
when the action of the Board in waiving its rights to such inventions or
discoveries is determined to be in the public interest. Any such waiver
requires the approval of the President of the College.
5. The share of any income to the College resulting
from the commercial development of inventions or discoveries shall be used
and controlled in ways to produce the greatest benefit to the College.
Such use shall be determined by the President of the College, after
reconsidering the recommendations of the appropriate research
administrator or committee.
6. Approval by the President shall be required for use
of the name of the College in advertising or promoting commercial
development resulting from research, and approval by the President shall
be required for use of the name of the College for such purposes.
B. SEXUAL HARASSMENT
1. It is the policy of Lake Land College that no staff
member shall be subject to or engage in sexual harassment. All complaints
concerning alleged sexual harassment shall be handled in accordance with
the College's Sexual Harassment Policy and Compliance Procedures.
2. Sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, verbal or other expressive
behaviors, or physical conduct commonly understood to be of a sexual
nature, when:
a. Submission to or toleration of such conduct on or
off campus is made, either explicitly or implicitly, a term or condition
of instruction, employment, or participation in other College
activities;
b. Submission to or rejection of such conduct is used
as a basis for employment or for academic decisions or assessments
affecting the individual's status as an employee or student;
c. Such conduct has the purpose or effect of
unreasonably interfering with an individual's status as a student or
employee or creates an intimidating, hostile, or offensive work or
educational environment.
3. The College will take appropriate lawful action as
needed to prevent, stop, correct, or discipline behavior that violates the
College's policy. Disciplinary action may include, but is not limited to,
oral or written warnings, demotion, transfer, suspension, or dismissal for
cause.
4. No individual may be retaliated against for filing a
good faith charge/complaint of harassment, or testifying, assisting, or
participating in a sexual harassment investigation.
5. Members of the bargaining unit shall have the right
to a personal representative, at no cost to the College, during the
investigation of a sexual harassment charge.
6. Every effort will be made to protect the privacy of
the persons involved in a sexual harassment complaint; however,
confidentiality cannot be guaranteed. All materials related to a sexual
harassment complaint and investigation, except materials related to
disciplinary action and/or the processing of a grievance, shall be
maintained in a separate sexual harassment complaint file.
C. EMPLOYEE TENURE AND EVALUATION
1. See: Appendix A and Appendix B.
2. There shall be uniformity in the application of the
evaluation process for all tenured teaching faculty. Noninstructional
faculty (Librarians, Counselors, Financial Aid Advisors and other Academic
Support employees covered by this agreement) shall be evaluated uniformly
within their respective classifications and in accordance with their
contractually assigned duties and responsibilities.
D. EMPLOYEE PERSONNEL FILE
All employee personnel records shall be maintained under
the following circumstances:
1. A copy of all personnel records relating to any
employee shall be kept in an official personnel file which shall be
located in the College personnel office.
2. All personnel records shall be in writing. Written
material relative to an employee's conduct or service shall be placed in
the personnel file after that employee has had an opportunity to read such
material. The employee shall acknowledge that he/she has read such
material by affixing his/her signature to the actual copy to be filed, but
it shall be understood that such signature merely signifies that he/she
has read the material in question. Such signature indicates neither
agreement nor disagreement with its content. If the employee refuses to
sign the copy to be filed, then the administrator shall with a third party
as witness state in the file the above refusal.
3. The employee shall have the right to answer in
writing any material filed in his/her personnel file, and his/her answer
shall be attached to the file copy.
4. Upon request by an employee, he/she shall be given
access to the nonconfidential documents in his/her file without delay.
Confidential documents are those materials used to evaluate a person's
qualifications prior to employment to which the individual waived the
right to access (placement credentials, letters of reference, etc.). At
his/her written request, each employee shall be furnished, without cost, a
copy of any material in his/her file. No items may be removed from the
employee's file except for brief inspection or copying.
5. No material in the employee's personnel file will be
duplicated without a subpoena, court order, or written authorization from
the employee and appropriate vice president.
E. DISCIPLINE AND DISCHARGE
1. The College may adopt such rules and regulations as
it deems necessary and appropriate concerning the discipline of employees
covered by this agreement so long as such rules and regulations are
equitable and not in conflict with the terms of this agreement. In
formulating disciplinary policy the College shall adhere to the precept of
corrective disciplinary action (i.e., discipline designed to correct
rather than punish an employee's behavior).
2. No employee shall be subject to discipline or
discharge without just standards and reasonable and proper cause.
Disciplinary action may include any of the following:
a. Oral reprimand.
b. Written reprimand.
c. Suspension with pay.
d. Suspension without pay.
e. Dismissal.
The College shall follow a policy of progressive
discipline with the initial disciplinary action being dependent upon the
severity of the offense.
3. Disciplinary action shall be taken only in
situations of reasonable and proper cause and shall be in accordance with
the following procedures:
a. Employees subject to disciplinary action shall
have the right to Association representation in disciplinary proceedings
and the Association shall be advised in writing of all disciplinary
actions resulting in possible suspension or dismissal.
b. When an employee is required to meet with an
administrator and the results of this interview may lead to disciplinary
action of either suspension or discharge, the employee shall be given
reasonable prior written notice of the reasons for such meeting and
shall be entitled to have a personal representative of choice in
attendance at said meeting. This procedural requirement is not intended
to prevent the immediate temporary suspension of an employee if in the
judgment of the administrator the situation is sufficiently serious to
warrant such action. If a temporary suspension is initiated, the
required interview will be scheduled to take place as expeditiously as
reasonably possible.
c. If the College has reason to discipline an
employee, this action, insofar as practicable, shall be done in a manner
that will not embarrass the employee before other College personnel or
the public.
d. In situations where an employee's continued
presence on the job constitutes a clear and present danger to the
employee, other College personnel, or to the health and safety of the
public, the College may at any time suspend the employee, with or
without pay as the circumstances deem appropriate.
e. Disciplinary action resulting in suspension
without pay must be in compliance with the provisions of this agreement
and must be approved by the appropriate vice president, and disciplinary
action resulting in dismissal must be in compliance with the provisions
of this agreement and must be approved by the College President.
f. No second jeopardy will be imposed for events that
occur external to the institution except where required by law.
F. JOB DESCRIPTION
Members of the bargaining unit shall receive
written notification of proposed changes in job description at least
two weeks prior to the proposed change. A change in job description may be
appealed through the grievance procedure.
ARTICLE V
Procedure for Future Negotiation
A. PARTIES
1. Each party in any negotiations shall select its
negotiating representatives as provided: Each negotiating team shall
consist of no more than three members.
2. Association representatives will be members of the
Association.
3. Board representation will be members of the Board or
the College administration at the option of the Board.
4. During negotiations each team shall have the
prerogative of having two consultants at any one meeting, changing
consultants between meetings if that team so desires.
5. Membership of the teams shall not be changed during
the course of negotiations, except in unavoidable circumstances.
B. TIME
If either the Association or the College desires to change,
terminate or modify this agreement, a written notice shall be given by either
party to the other not later than March 1 of the appropriate year in which the
agreement is due to expire. Negotiations will begin no later than thirty (30)
days after the March 1st date, unless extended by mutual agreement of the
parties following the submission of a written request by either party.
C. MEETING TIME, PLACES, RULES
1. Meeting time, places, rules will be as follows:
Negotiating sessions shall be in a mutually agreed upon location.
2. Negotiation meetings shall be held at times that do
not conflict with scheduled College commitments.
3. Either team may caucus at any time during the
negotiating session for ten minutes. A longer caucus must be mutually
agreed upon.
4. During negotiations all materials submitted by
either team to the other team will be initialed by all negotiating members
present to indicate receipt of the information. During negotiations,
agreed upon material shall be prepared for the Board and the Association
and signed prior to the adjournment of the meeting at which agreement was
reached.
5. Postponement or cancelling of scheduled negotiating
meetings must have consent of representatives of the Board and the
Association. Any such requests must be made at least 24 hours in advance
of the meetings, except in cases of unavoidable emergencies.
D. AGREEMENT
When the representatives of the Association and Board reach
tentative agreement on all matters being negotiated, they will be reduced to
writing and shall be submitted to the membership of the Association for
ratification and to the full Board for official approval with explicit reasons
for the adoption. The obligation to urge adoption of the tentative agreement
does not preclude either the Board or the Association from discussing the
relative merits of all provisions of the tentative agreement with their
respective groups.
E. DEFINITION OF IMPASSE
Impasse occurs when, after exhaustive good-faith
negotiations, the parties' positions are well fixed and at a stalemate.
F. MEDIATION
1. Once commenced, bargaining must continue for at
least a 60-day period, or until a contract is entered into. If the parties
have not reached agreement by 90 days before the scheduled start of the
school year, they must notify the Illinois Educational Labor Relations
Board (IELRB) of the status of negotiations. If the parties fail to reach
an agreement within 15 days of the scheduled start of the school year and
have not requested mediation, the IELRB will invoke mediation. However,
prior to that time - after a reasonable period of negotiation and within
45 days of the scheduled start of the school year - either party may
request mediation whether impasse has been reached or not, or the IELRB
may initiate mediation if the parties are at impasse. Whether or not the
mediator performs fact-findings and makes written findings and
recommendations is to be determined by agreement between the parties.
2. If the parties cannot reach agreement through
negotiation (or mediation), they may upon mutual consent, but are not
required to, submit unresolved issues concerning the terms of a new
agreement to final and binding arbitration.
3. Costs for consultants chosen by any party shall be
paid by that party. The costs for the mediator shall be shared equally by
the Board and the Association.
ARTICLE VI
Precedence of Agreement
A. The parties mutually agree that the terms and conditions
set forth in this agreement represent the full and complete understanding
between the parties. The terms and conditions may be added to, deleted from,
or modified only through the voluntary, mutual consent of the parties in an
executed written agreement. The parties acknowledge that during the process of
negotiations, which resulted in the agreement, that each had an unlimited
opportunity and right to make proposals, counterproposals, and demands on any
subjects permitted by law or covered in this agreement. Therefore, each agrees
that the other party shall not be obligated subsequently to re-open
negotiations or to bargain collectively on any subject during the life of this
agreement.
B. This contract shall not be amended or deleted from in
whole or in part by the parties except in writing duly executed by both
parties.
C. The terms and conditions negotiated under the terms of
this agreement shall be reflected in individual employment contracts.
D. If there is any conflict between the written terms of
this agreement and written Board policies or written Board rules and
regulations which may from time to time be in effect, the written terms of the
agreement shall be controlling.
E. If any provision or amendment of this agreement is or
shall at any time be contrary to or unauthorized by law, then such provision
shall not be applicable, except to the extent permitted by law. In such cases,
all other provisions of the agreement shall remain in full force and effect.
ARTICLE VII
Non-interruption of Services
During the period this contract is in force, the employees
shall not enter into a strike against the Board, and the Board shall not conduct
a lockout.
ARTICLE VIII
Effect and Duration of Contract
This agreement shall be effective as of August 23, 2000,
and shall be in full force and effect up to and including the day preceding the
beginning of the 2004-2005 academic year.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement this 8th day of May , 2000.
BOARD OF TRUSTEES LAKE LAND COLLEGE
COMMUNITY COLLEGE FACULTY ASSOCIATION
DISTRICT #517 IFT-AFT, LOCAL 2296,
LAKE LAND COLLEGE AFL-CIO
MATTOON, ILLINOIS
____________________________ ____________________________
(Chairman) (President)
____________________________ ____________________________
(Secretary) (Secretary)
05.02.09
Appendix A
Faculty Evaluation
Rationale for Program
The single most important responsibility of the Lake Land
College Board and staff is to provide a quality instructional program designed
to promote effective student learning. Excellence of instruction can be achieved
only when superior faculty members, following the highest ethical standards of
their profession, are working in an atmosphere where the freedom to teach and
learn is observed.
A systematic and professional program to assess the quality
of instruction and academic support services at Lake Land College is necessary
in order to identify those aspects that need improvement and to develop a basis
whereby improvement in performance can take place.
The evaluation program at Lake Land College is based upon the
following premises and assumptions:
1. Only fully qualified
faculty will be employed by the College.
2. All policies relating to the recruitment, retention
and promotion of faculty members will be made a part of official Board
Policy and made available to persons affected.
3. The College will, with the cooperation of the faculty,
initiate and carry on an orientation program for new faculty members to
familiarize them with the philosophy, programs and procedures of the
institution.
4. The College will encourage faculty members to
participate in in-service training programs and will provide opportunities
for such training.
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5. The College should make every effort to provide
conditions and an atmosphere where good teaching and learning can take
place.
6. It is the belief of the Board of Trustees,
administration and staff that the instructional and academic support
services programs must be continually evaluated and improved in response to
the changing needs of the community, the students, and society.
It is on the basis of these assumptions that formal
procedures are recommended for the evaluation of faculty, teaching methods, the
instructional program, and academic support services.
The following criteria should be used because they are
directly related to the teaching and academic support process. It is not the
purpose of this policy to determine how each criterion should be weighted or
whether objective or subjective measures are required in each case. It is
suggested that the items listed here are observable and can be properly
ascertained.
Criteria for Evaluation of Faculty
1. Instructional Program
This criterion should be considered as the most important
of all criteria to be measured. Effective classroom instruction and academic
support services can be judged with reference to the following factors:
A. Extent and quality of basic preparation.
B. Degree to which knowledge is current and abreast
with developments.
C. Evidence of planning and good organization.
D. Rapport with students.
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E. Recognition of differences in capacities and
interests of students.
F. Extent to which instructional and academic support
techniques are resourceful and challenging.
2. Consultation with Students
A. The faculty member should fulfill his or her role
of "guide, counselor, and friend." Faculty members should take the
initiative in setting up individual conferences with students. They
should be patient, friendly, and helpful to those needing help. They
should challenge the capable student to spend time in pursuing
independent study in areas of his or her interest.
B. The faculty member should carry out academic
advisement responsibilities with students in such a way that students
may best profit from their attendance at the College.
3. Effective Communication
The faculty member explains concepts clearly and
distinctly. They explain grading procedures and practices clearly to
students.
4. Ethics of the Profession
The faculty member maintains a high standard of
professional ethics; is aware of ethical standards as adopted by local,
state, and national professional organizations; and conducts himself/herself
in accordance with these codes of ethics.
5. Curriculum an Academic Support Services Development
The faculty member is willing to devote time and energy
to the development of curricular materials and related programs so the
educational program may be enhanced. The faculty member is willing
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to spend time in developing improved techniques for his
or her own classes and is willing to work on problems for the whole College
seeking more useful solutions for these problems.
6. Self-Criticism and Analysis
The faculty member is willing to apply the scientific
method to the teaching process and to incorporate the best of new
developments in his or her own teaching. The faculty member must be willing
to appraise the total effectiveness of his or her techniques and to use the
good while discarding the bad. The faculty member must open-mindedly
investigate each new idea on its own merit.
7. Innovation
It is anticipated that special experimental programs and
teaching techniques will be instituted by faculty members from time to time
as part of the College’s continuing efforts to improve the quality of
instruction and academic support services.
The criteria for evaluation as outlined in this policy
may not be adequate or appropriate for effective evaluation of highly
experimental programs or teaching procedures. Prior to the initiation of
such programs, faculty members should, in cooperation with the College
administration, develop criteria by which the programs can be evaluated in
terms of the objectives of the College.
8. Administrative Routines
The faculty member cooperates with colleagues and meets
administrative obligations as required. Examples of the above include
attending faculty/administration meetings, submitting reports on time,
working with members of the division in selection of textbooks, etc.
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Recommended Self-Evaluation Techniques for Faculty
Techniques:
1. Optional
A. Record classroom sessions, counseling or advising
interviews by audio tape or by other electronic equipment and review
them individually with others.
B. Conduct individual conferences with students who
evaluate the course based on the various types of items as listed under
the Student Evaluation section.
C. Evaluate the relationship of the objectives of the
course and the quiz and examination questions of the same course. (Same
could be done with assignments.)
D. Visit a colleague’s class or counseling session
for the purpose of evaluating and improving the visitor’s own
performance.
E. Do a comparative check on efficiency using one
teaching or counseling approach vs. another approach.
F. Request the appropriate Vice President, Division
Chairperson, or teaching colleague to visit an appropriate activity and
later make comments.
G. Arrange with the Division Chairperson to invite
qualified individuals from other colleges and universities to visit the
campus for the purpose of evaluating instruction and academic support
services.
H. Request the Division Chairperson or teaching
colleague to compare the objectives of the course or activity with
evaluation instruments.
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I. Student Evaluation.
(1) Have students evaluate the course or service
and/or the faculty member with an evaluation form selected from a
number of different forms which will be made available or from a
form that the faculty member develops.
(2) Summarize the results of the student
evaluation and review the forms individually. (Also review the forms
with others, if so desired.)
2. Required (as outlined on the following pages):
A. Rate self on criteria contained in the policy as
developed for use with Administrative Evaluation Techniques.
B. Compare self-rating with ratings by others and
review with the Division Chairperson and/or the appropriate Vice
President.
Procedures for College Administrative Evaluation of Tenured
Faculty
It is presumed that both the administration and faculty have
common goals insofar as the improvement of instruction, learning, and academic
support services are concerned. In all instances, administrative evaluation is
based upon the assumption that all faculty members and supervisory personnel are
interested in helping faculty to do a better job. It is the responsibility of
the College administration, in cooperation with the faculty, to establish a
program whereby the evaluation of all faculty can be made. In accordance with
this requirement, the following procedures are recommended:
1. Division Chairpersons and/or the appropriate Vice
President shall every other year visit the class of each instructor in the
College, or
in the case of academic support faculty, the Vice
President shall observe the faculty member in some appropriate phase of the
performance of their responsibilities. The faculty member and the
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appropriate Vice President shall mutually agree upon the
date the visit is to be made. Before any visitation is made, the Vice
President and/or Division Chairperson shall confer with the individual in
order that the objectives for the session can be reviewed.
2. Following the visitation, the Division Chairperson
and/or the appropriate Vice President shall hold a conference with the
faculty member to discuss his/her total performance in relation to the
criteria contained in this policy and the objective for the session outlined
by the faculty member.
3. In addition to evaluation of the information available
to the appropriate Vice President, the faculty member may, at his/her
discretion, make available any or all results of other self-evaluations
which have been made.
4. On or before ninety (90) days prior to the end of the
academic year in alternative years, the appropriate Vice President shall
file with the College President a report on the evaluation and conference of
each tenured faculty member under his/her jurisdiction with any
recommendations which are deemed pertinent. The faculty member shall receive
a copy of this report.
Procedures for College Administrative Evaluation of
Non-Tenured Faculty
1. Division Chairpersons and/or the appropriate Vice
President shall at least annually visit the class of each non-tenured
faculty member in the College, or in the case of academic support faculty,
the Vice President shall observe the faculty member in some appropriate
phase of the performance of his/her responsibilities. The
faculty member and the appropriate Vice President shall mutually agree upon
the date the visit is to be made before any visitation is made. Before any
visitation is made, the appropriate Vice President and/or Division
Chairperson shall confer with the individual in order that objectives for
the session can be reviewed.
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2. Following the visitation, the Division Chairperson
and/or the appropriate Vice President shall hold a conference with the
faculty member to discuss his or her total performance in relation to the
criteria contained in this policy and the objectives for the session
outlined by the faculty member.
3. In addition to the evaluation of the information
available to the Vice President, the faculty member may, at his or her
discretion, make available any or all results of other self-evaluations
which have been made.
4. Each non-tenured member shall annually distribute
student evaluation instruments as mutually approved by the faculty member
and the appropriate Vice President for the purpose of conducting student
evaluations of their teaching or academic support performance. The results
of the student evaluations will be forwarded to the faculty member and then
to the appropriate Vice President and made a part of the total evaluation
report.
5. On or before ninety (90) days prior to the end of the
academic year or term during the school year in which tenure would otherwise
be conferred, the appropriate Vice President shall file with the College
President a report on the evaluation and conference of each non-tenured
faculty member under his/her jurisdiction with recommendations for continued
contractual service. In the case of a non-tenured faculty member who is
completing the third year of full-time employment, the recommendation shall
include the decision of
the full-time tenured faculty of the division for
continued contractual service.
6. The President shall annually review the results of the
evaluation of each non-tenured faculty member and the recommendations of the
appropriate Vice President and consider the benefits to the College for the
continued employment of each non-tenured faculty member, or in the case of a
year in which tenure would otherwise be granted,
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the conferring of tenure status. He/she shall then make
recommendations on continued employment or the conferring of tenure status
for each non-tenured faculty member to the Board of Trustees within the time
period prescribed in 110 ILCS 805/3B-2, 3B-3.
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Adopted November 9, 1998
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05.02.08
Appendix B
Faculty Tenure
Purpose and Intent
The Board of Trustees is empowered to establish policies
governing the employment and dismissal of all College personnel. The Board of
Trustees is further empowered to establish tenure policies for the employment of
teachers and administrative personnel and the cause for removal. Any such policy
shall, however, be consistent with Article IIIB of the Illinois Public Community
College Act, pertaining to tenure, which sets forth certain statutory rights of
tenure. It is the purpose and intent of this policy to establish policies,
procedures and regulations relative to the employment, dismissal, tenure and the
cause for removal of personnel as defined in Board Policy No. 05.01.02, subject
to Article IIIB of the Illinois Public Community College Act.
Definitions
1. General Definitions
The terms set forth herein shall have the meanings
hereinafter stated, except as the context may otherwise require.
2. Specific Definitions
A. "Board" or "Board of Trustees" means the Board of
Trustees of Community College District No. 517, Counties of Christian,
Clark, Clay, Coles, Crawford, Cumberland, Douglas, Edgar, Effingham,
Fayette, Jasper, Macon, Montgomery, Moultrie, and Shelby, and State of
Illinois.
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B. "District" means Community College District No.
517, Counties of Christian, Clark, Clay, Coles, Crawford, Cumberland,
Douglas, Edgar, Effingham, Fayette, Jasper, Macon, Montgomery, Moultrie,
and Shelby, and State of Illinois.
C. "Faculty member" means a full-time employee of the
District regularly engaged in teaching or academic support services but
excluding supervisors, administrators, and clerical employees.
D. "Full-time employee" shall, for any school year,
mean and include any employee who meets any one of the following
conditions:
(1) Such employee is engaged exclusively in
teaching or services directly related thereto consisting of thirty
(30) equated credit hours per school year and performs services
directly related to such teaching not less than thirty (30) clock
hours each week during the school year, including, but not limited
to, maintaining office hours for students, tutoring students, class
preparation, grading, academic advising, serving on academic or
faculty committees, preparing and revising curriculum materials,
recommending textbooks and library materials, preparing budget
requests, attending appropriate staff meetings, assisting in
registration, promoting extra curricular activities, and carrying
out College policies and regulations.
(2) Such employee is engaged in providing
academic support services for not less than forty (40) hours each
week.
(3) Such employee is engaged in providing both
teaching and academic support services whereby the combination
thereof satisfies the equivalent of the foregoing.
E. "Regularly engaged" shall, for purposes hereof,
mean and require that the faculty member, in addition to being a
full-time employee, be engaged in teaching or academic support services,
or a
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or a combination thereof, fifty percent or more of
the time. In determining time devoted, actual hours will be considered.
An employee will not be considered regularly engaged in teaching, for
example, if such employee teaches less than a one-half (˝) course load
and supervisory or administrative duties are otherwise performed.
F. "Academic support services" shall mean and include
those services performed by professional staff members required to
exercise professional judgment and discretion which directly and
specifically support the teaching or academic activities of the
community college district including, and limited to, the services of
Librarians, Counselors, and specialists in Financial Aid, Admissions and
records, Career Placement, and Basic Skills.
G. "Administrator" shall have the meaning provided in
Board Policy 05.01.01.
H. "Supervisor" shall have the meaning provided in
Board Policy 05.01.03.
I. "Just cause for dismissal" shall mean and include:
(1) Incompetence.
(2) Cruelty.
(3) Negligence.
(4) Immorality.
(5) Whenever, in the opinion of the Board of
Trustees, such faculty member is not qualified to perform the
services for which that faculty member is employed.
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(6) Whenever, in the opinion of the Board of
Trustees, the legitimate interests of the College require such
dismissal.
J. "Nationally recognized arbitration organization"
shall mean the American Arbitration Association.
K. "Notice" shall mean any written notice delivered
in person or deposited in the United States mail by certified or
registered mail, postage paid, addressed to the faculty member’s last
known address. For purposes thereof, a faculty member’s last known
address shall be that address as reported to the business office of the
district for income tax purposes.
L. "School year" shall mean a regular academic year
or its equivalent, excluding summer school.
Applicability of Policies, Rules and Regulations
1. Validity of Article IIIB
These policies, rules and regulations are applicable and
contingent upon the validity of Article IIIB of the Illinois Community
College Act. If Article IIIB is determined to be invalid, or to the extent
it is determined to be invalid, these policies, rules and regulations shall
be deemed to be ineffective and of no force and effect. It is not the intent
of the Board of Trustees to establish hereby tenure policies beyond those
existing prior to the effective date of said Article IIIB (January 1, 1980),
except to the extent validity required by said Article IIIB.
General Employment
1. Appointments
Except as provided herein, Article IIIB of the Illinois
Public Community College Act, specific contract terms or otherwise
applicable by law, all faculty members of the district shall be and are
employed by the Board of Trustees, subject to dismissal with or without
cause.
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2. Subsequent Appointments
Following the initial appointment of a faculty member,
the Board of Trustees shall consider the renewal of or a further notice of
appointment or employment for any faculty member. Upon such consideration,
except in the case of a faculty member as defined in Article IIIB of the
Illinois Public Community College Act, pertaining to tenure, and herein, the
Board may either retain such faculty member or dismiss such faculty member
with or without cause.
Tenure Rights of Faculty
1. General
Faculty members shall be entitled to tenure rights as
provided by Article IIIB of the Illinois Public Community College Act,
pertaining to tenure. In order for a faculty member to be credited with a
year of service for purposes of tenure, such a faculty member shall have
been employed during the applicable regular academic school year, excluding
summer school, for two consecutive semesters or its equivalent. Except as
provided in said Article IIIB or otherwise in this policy, no employee of
the district shall be entitled to tenure rights. The provisions of these
policies, rules and regulations shall supplement those provisions
established in said Article IIIB.
2. Definitions
In addition to the definitions prescribed by 110 ILCS,
805/3B-1, of the Illinois Public Community College Act, the definitions set
forth above shall also apply in connection with tenure.
3. Obtainment of Tenure
Faculty members shall be entitled to tenure as provided
by 110 ILCS 805/3B-2, of the Illinois Public Community College Act.
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4. Rights of Seniority
A tenured faculty member shall be entitled to rights of
seniority as provided in 110 ILCS 805/3B-5, of the Illinois Public Community
College Act.
5. Temporary Assignment to Non-tenured Position
Tenured members of the faculty who accept a full-time
position in the College which does not fall under the tenure policy as
written in this document shall regain tenure status immediately upon
returning to positions which are covered by tenure.
Non-Tenured Faculty Members
1. Evaluation
The Board of Trustees is required to provide by rule or
contract for a procedure to evaluate the performance and qualifications of
non-tenured faculty members.
2. Dismissal of Non-Tenured Faculty Members
Non-tenured faculty members shall be subject to dismissal
as provided in 110 ILCS 805/3B-3, of the Illinois Public Community College
Act.
3. Evaluation and Tenure Status Requirements
It shall be the responsibility of each Division
Chairperson and/or the appropriate Vice President to review annually and to
cause to be reviewed annually by the tenured members of the department the
status of every full-time member of the department who is not tenured.
Tenure shall be granted to faculty members when the following requirements
have been satisfied:
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A. The non-tenured faculty member has demonstrated
his or her classroom teaching competence or competence to perform
academic support service according to the criterion outlined in Board
Policy No. 05.02.09 to the Division Chairperson, the majority of the
tenured members of the department and the appropriate Vice President,
and the College President.
B. The non-tenured faculty member has completed three
(3) consecutive school years of probationary employment as a full-time
member of the faculty. However, the Board may, at its option, extend
such period for one (1) additional school year by giving the faculty
member notice not later than sixty (60) days before the end of the
school year or term during the school year in which tenure would
otherwise be conferred. Such notice shall be given in accordance with
110 ILCS 805/B-2, of the Illinois Public Community College Act.
4. Granting of Tenure
The appropriate Vice President shall submit not later
than ninety (90) days before the end of the school year or term during the
school year in which tenure would otherwise be conferred a letter of
recommendation to the President for each non-tenured faculty member who has
completed three (3) consecutive years of service for either granting of
tenure status, the extension of one additional year of non-tenure status, or
for dismissal.
The letter of recommendation shall include the decision
of the majority of the tenured members of the department regarding the
granting of tenure to the faculty member and the recommendations of the
appropriate Division Chairperson.
The President shall then forward his recommendation to
the Board of Trustees for final action subject to the provisions of 110 ILCS
805/3B-2, of the Illinois Public Community College Act.
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5. Leaves
Military leaves, maternity leaves, disability leaves,
general leaves, or sabbatical leaves shall not be considered eligible to
fulfill any part of the three- (3) or four- (4) year probationary
requirement.
Dismissal of Tenured Faculty Members for Cause
Dismissal of tenured faculty members for cause will be
subject to the provisions of 110 ILCS 805/3B-4, of the Illinois Public Community
College Act.
Reduction in Number of Faculty Members
Service Competency of Faculty Members:
1. The dismissal of a faculty member for the ensuing
school year resulting from a decision by the Board to decrease the number of
faculty members employed by the Board or to discontinue
some particular type of teaching service or program will be subject to the
provisions of 110 ILCS 805/B-5, of the Illinois Public Community College
Act.
2. Determination of Competency
In order to objectively determine whether an employee is
competent to render some particular type of teaching service, program or
other service, the Board of Trustees shall, from time to time, prescribe and
define the various types of teaching services, programs and other services
for which faculty members are employed and the specific minimum
qualifications a faculty member must meet in order to be competent to render
such teaching services, programs and other services. Such qualifications
prescribed and defined by the Board shall be the exclusive basis on which
competency to render a
service is determined. Such qualifications are prescribed
in Board Policy No. 05.02.04.
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3. Seniority Rights
In order to properly give effect to the seniority rights
granted to employees pursuant to 110 ILCS 805/B-5, of the Illinois Public
Community College Act, each tenured employee to be discharged because of a
reduction in the number of faculty members shall be provided a reasonable
opportunity prior to honorable dismissal to advise the Board of Trustees of
any positions held by probationary faculty members or any other employees
with less seniority which such tenured employee believes he or she is
competent to render. The Board shall consider such information prior to or
in connection with the honorable dismissal of any such tenured faculty
member.
Records
1. Pursuant to Article IIIB of the Illinois Public
Community College Act, records regarding the reasons or charges for the
dismissal of faculty members are confidential.
2. Release the Faculty Member
Notwithstanding anything herein to the contrary, records
regarding
the reasons or charges for the dismissal of faculty
members shall be promptly released upon request by the affected faculty
member. Such request or an authorization for such release to the agent of
the faculty member shall be submitted in writing to the President of the
College. All of such requests shall be made within one (1) year following
the effective date of dismissal.
3. Filing and Related Matters
In order to give effect to the requirements of the
Illinois Public Community College Act relative to the confidentiality of
records regarding the reasons or charges for the dismissal of faculty
members, the President of the community college shall provide for
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filing of such records separate from other employment
records of faculty members and carry out other appropriate measures to
assure the confidentiality of such records.
4. Caveat
Although confidential, records regarding the reasons or
charges for the dismissal of faculty members may be disclosed to members of
the Board of Trustees, legal representatives of the Board, the President of
the College, and others directly involved with the dismissal of a faculty
member.
Exclusion Clause
Article IIIB of the Illinois Public Community College Act
became effective January 1, 1980. The Act, by definition, classified certain
employee positions as "administrative and supervisory" which were classified as
"faculty" in Board Policy 05.01.02.
The Board affirms that all employees in positions as of the
date of the adoption of the policy who were eligible for tenure status under
provisions of this policy shall maintain tenure status so long as they remain in
the affected positions.
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