ARTICLE 10 - Disciplinary Action

No Disciplinary action shall take place except for just and sufficient cause. With the exception of dismissal or suspension, disciplinary action shall be subject to the provisions of the Grievance Procedure. Dismissal or Suspension shall be in accordance with Education Code provisions. Where the employee elects to have an Arbitrator hear the matter of Suspension or Dismissal pursuant to Education Code 87674, District, employee and employee representative shall mutually agree on the Arbitrator within five (5) workdays of receipt of demand. If agreement is not reached, selection of the Arbitrator shall be made in accordance with the selection procedures of the American Arbitration Association.

ARTICLE 11 - Personnel Files

A. There shall be one official District personnel file for each faculty member which shall be maintained in the District Human Resources Department. The file shall consist of records of employment with the District, records of educational advancement and other work or experience pertaining to the status of the faculty member's employment with the District, appointment request forms, leave forms, transcripts, recommendations and evaluations for job application, and correspondence pertaining to the member.

B. The following items, even though maintained separately, shall be considered as part of the official District personnel file: Time rolls, attendance and payroll records, work orders, TB records, medical records, history cards, salary cards, credential records, schedule and assignment files. The District may add similar categories of routine personnel record-keeping to this list provided that the Union is notified that the list will be expanded.

C. Only materials in the official District personnel file (augmented by records maintained by other governmental agencies) shall be used in any proceeding affecting the status of the faculty member's employment with the District, and this file shall be the only file used in any disciplinary or dismissal proceeding.

1. A faculty member may inspect his/her personnel file upon at least twenty-four (24) hours advance notice and during normal business hours at such times when the faculty member is not otherwise required to render service to the District. A faculty member may, upon his/her written authorization, designate a representative to review the file in the presence or the absence of the faculty member. Where the member selects a Union representative to review the member's file, the Union and member agree to indemnify and hold harmless the District for any loss or damage whatsoever arising from operation of this subsection. District agrees to be bound by applicable federal and/or state statutes concerning the privacy and confidentiality of such records and files. Access to the official District personnel file shall be limited to District administrators and supervisors and their properly authorized classified and confidential staff.

2. All reviews shall be done in the presence of a management employee or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the file.

3. Any item to be placed in the file shall be clearly identifiable as to its source or originator and its date of receipt by the District.

4. If derogatory material or complaints, except student complaints, are received which may result in placement in the employee's personnel file, the following procedure shall be utilized:

4.1 If the material or complaint is deemed serious enough for further action (e.g., placement in the personnel file of an employee), the material shall be submitted to the appropriate manager for review.

4.2 If any further action is deemed warranted by the manager (e.g., placement in the personnel file of the employee), he/she shall send a copy of the derogatory material to the faculty member within 10 days of the manager's receipt of materials.

4.3 Management shall arrange a meeting with the faculty member to review the material and establish whether or not a factual basis for the material exists. The faculty member may have a representative at this meeting.

4.4 Derogatory material placed in the file must include the factual substantiation of that material.

4.5 If material to be placed in an employee's personnel file is documentation of a conference with the employee, the procedure outlined in 4.1-3 above need not be followed.

5. A faculty member shall be notified of any intended entry into his or her file which is deemed derogatory in nature other than formal evaluations. After receiving copies of the notice and the intended entry, the member shall have the right to respond within fifteen (15) working days. The notice, intended entry, and response, if any, shall be entered into the personnel file at the conclusion of the fifteen working day period.

6. Appeal Procedure

6.1 If a faculty member wishes removal, deletion, or correction of material being placed in his/her file, he/she shall, within fifteen (15) workdays of the time he/she was notified of the intended entry of the material into his/her personnel file, do the following:

6.1.1 Prepare, in writing, the reasons such material in question should be removed, deleted, or corrected.

6.1.2 Send or deliver this explanation, along with a request for review of the matter, to the Director, Human Resources Department.

6.2 Based upon the facts presented in the explanation, the Director, Human Resources Department/designee shall respond in writing within ten (10) workdays as to his/her decision.

6.3 If the decision is not acceptable to the employee, within ten (10) workdays following receipt, an appeal in writing, including the written appeal to the Director, Human Resources Department/designee and his/her response, may be filed with the Chancellor/designee.

6.4 Either the employee or Chancellor/designee may request a personal conference, which shall be held, where possible, within ten (10) workdays of filing/receipt of the appeal.

6.5 The Chancellor or designee shall communicate his/her decision in writing, within fifteen (15) days of initial receipt, or fifteen (15) days subsequent to the conference held between the parties, whichever is the longer period. The Chancellor or designee's decision is final and binding.

6.6 Failure to comply with the time limits at any step shall forfeit all rights to further processing. District failure to respond within time limits entitles the petitioner to proceed to the next step. Time is of the essence in all steps. Time limits and steps may be waived by mutual agreement.

6.7 The faculty member is entitled to representation during this procedure, but he/she may waive this right.

6.8 “Working day” is defined as the normal business hours when the District administrative office is open.

7. Materials excluded from review by the faculty member and the Union include ratings, reports and records obtained prior to the employment of the faculty member and any other materials related to application for other positions in the District. Where inconsistent with the law, this subsection shall not apply.

8. Upon request by a faculty member, copies of any materials which he/she is entitled to review shall be made for him/her. The first copy of material used by the District in any disciplinary, dismissal or grievance proceeding will be provided at no cost. Any other copies will be at cost.

9. The District shall inform each faculty member requesting to see his/her file of the existence of those records maintained separately. Where a faculty member specifically requests to review those official records, the District shall provide for such review.

D. Student Complaints. Student complaints will be processed according to the Student Complaints procedure and its explanatory notes. The Student Complaints procedure, explanatory notes, and forms appear as Exhibit M.

contract TOC | top of page

ARTICLE 12 - Upgrading

A. Except as modified by the District's Affirmative Action and Staff Diversity Plan or Faculty and Staff Diversity Plan (hereinafter “Plan”), upon its adoption, and Article 4, and/or Sections B.5 and B.6 of this Article, the District will give first consideration to inside applicants for:

(1) Assignment of additional hours up to 67% of a full-time load; and,
(2) Full-time positions.

B. When a screening/interviewing committee screens applications for full-time tenure track positions for recommendation to the Chancellor, the following procedure will apply:

1. The administration will determine the job needs relating to the position.

2. The screening/interviewing committee will identify, screen, interview and recommend final candidates to the Chancellor.

3. In evaluating candidates for recommendation to the Chancellor, the committee shall consider each candidate's job performance, credentials, training, experience in the field, special job related skills, affirmative action status (See Article 4), and District needs. In assessing the relative qualifications of inside applicants insofar as they are competing against each other, seniority shall also be considered as a factor.

4. The Committee will determine the most qualified candidate(s) and, for each position, send one to three names forward in unranked order to the Chancellor for further consideration.

5. Once the District has adopted the Plan, the committee shall follow the goals and timetables in the Plan in evaluating candidates who are equally qualified under the criteria of Section B.3 and shall make every effort to ensure that the finalist(s) to be presented to the Chancellor meet(s) the needs reflected in the District's Plan.

6. Notwithstanding any other provisions in this Article, once the District has adopted the Plan, preference between candidates who are otherwise equal shall go to those candidates who fulfill the goals and timetables of the Plan. If, in applying the criteria in Section B.3, the screening/interviewing committee concludes that an outside candidate and an inside candidate who are otherwise equal both fulfill the Plan goals and timetables, the inside candidate shall have first consideration.

C. The ultimate decision regarding hiring and the selection of candidates for hire is a prerogative reserved to the Board of Trustees.

D. Arbitration Standards and Confidentiality

1. The selection of the District’s work force for hire and promotion inherently requires the District to apply judgment and discretion regarding the relative qualifications of applicants. The Union has an interest in monitoring the District’s compliance with its obligations under Article 12. In the event of a dispute regarding Article 12, if the Union, after reviewing any grievances over the District’s application of the criteria of Article 12.B as well as information provided by the District, seeks arbitration, the parties agree that the appropriate standards of review are:

1.1 Did the District in fact apply the Article 12 criteria and/or procedure? If not, did the District’s conduct prejudice the grievant and what remedy is appropriate?

1.2 Was the District unreasonable in exercising its discretion and judgment in applying the Article 12 criteria?

2. The Union agrees to uphold and protect the confidentiality of committee processes and procedures at the level of the President, Chancellor and Board of Trustees. In the event of a grievance alleging a violation of Article 12, the District shall, upon the Union’s request, promptly provide to the Union such information which can be legally disclosed, which is relevant and necessary to enable the Union to evaluate the grievance intelligently. The Union pledges not to disclose information regarding candidates to any other person except as is essential for the Union to evaluate the grievance.

E. Pay and fringe benefits based on the load following the upgrading process shall be granted in accordance with Articles 20 and 21, Compensation and Fringe Benefits.

F. Full-time positions designated to be filled by Long Term Substitutes shall, whenever possible, be filled in accordance with this Article.

G. Handbook

Effective Fall 2009, all faculty who serve on faculty hiring committees shall receive an electronic or paper copy of the Handbook for Screening/Interviewing Committees: Guidelines for the Implementation of Article 12. The Handbook shall be accompanied by a cover letter jointly developed by the Union and the District.

contract TOC | top of page

OPEIU248:3AFL-CIO