SJCEA LAST BEST FINAL OFFER
TABLE OF CONTENTS
SECTION I: AGREEMENT, RECOGNITION AND RIGHTS
ARTICLE 1 AGREEMENT 4
ARTICLE 2 ASSOCIATION RECOGNITION 4
ARTICLE 3 DEFINITIONS 4
ARTICLE 4 AGREEMENT CONTROL 6
ARTICLE 5 SEVERABILITY 6
ARTICLE 6 TERMS OF AGREEMENT 6
ARTICLE 7 FACULTY INDIVIDUAL RIGHTS 7
ARTICLE 8 SJCEA RIGHTS 8
ARTICLE 9 MANAGEMENT RIGHTS 10
SECTION II: PROFESSIONAL EXPECTATIONS
ARTICLE 10 PERSONNEL FILE 13
ARTICLE 11 NON-DISCRIMINATION STATEMENT 14
ARTICLE 12 ACADEMIC FREEDOM 14
ARTICLE 13 INTELLECTUAL PROPERTY 15
ARTICLE 14 RELIGIOUS AND CULTURAL PRACTICES 16
SECTION III: PROFESSIONAL RESPONSIBILITIES
ARTICLE 15 ACADEMIC LOAD AND FACULTY RESPONSIBILITIES 18
ARTICLE 16 EVALUATION OF FACULTY 23
ARTICLE 17 OUTSIDE EMPLOYMENT 24
ARTICLE 18 DRUG/ALCOHOL TESTING 24
SECTION IV: COMPENSATION AND BENEFITS
ARTICLE 19 FACULTY EMPLOYMENT CONTRACTS 26
ARTICLE 20 FACULTY SALARIES 27
ARTICLE 21 HEALTHCARE BENEFITS 27
ARTICLE 22 OVERLOAD AND SUPPLEMENTAL PAY 27
ARTICLE 23 PENSION 28
SECTION V: DISCIPLINE, DISPUTES & SEPARATION
ARTICLE 24 DISCIPLINARY PROCEDURES 30
ARTICLE 25 ALTERNATE DISPUTE RESOLUTION 35
ARTICLE 26 INTERNAL INVESTIGATIONS 35
ARTICLE 27 ADMINISTRATIVE LEAVE 36
ARTICLE 28 TERMINATION OF A FACULTY MEMBER 37
ARTICLE 29 REDUCTION IN FORCE 39
SECTION VI: APPEAL AND GRIEVANCE PROCEDURES
ARTICLE 30 GRIEVANCE PROCEDURE 43
ARTICLE 31 APPEAL PROCEDURE FOR DISMISSALS OF FACULTY ON CONTINUING CONTRACT 47
SECTION VII: LEAVE AND HOLIDAYS
ARTICLE 32 LEAVE AND HOLIDAYS 54
ARTICLE 33 AUTHORIZED SIGNATURES AND ATTEST 70
SECTION I
ARTICLE 1
AGREEMENT
This Agreement is made and entered into by and between San Juan College, hereinafter referred to as the "College," and the San Juan College Education Association, hereinafter referred to as "SJCEA", to provide terms and conditions of employment for bargaining unit employees of the College as identified in the appropriate bargaining unit and certified by San Juan College Labor Management Relations Board.
ARTICLE 2
ASSOCIATION RECOGNITION
The College hereby recognizes SJCEA as the exclusive representative of the bargaining unit of full-time faculty and faculty administrators with a nine-month or greater contract and a sixty percent (60%) or greater teaching load, inclusive of release time, in the following faculty ranks: Instructor, Assistant Professor, Associate Professor, or Professor or one of these ranks in conjunction with a Coordinator or Director title.
ARTICLE 3
DEFINITIONS
Unless otherwise specifically defined elsewhere in this Agreement, the following definitions shall be applicable throughout the Agreement.
1. "Bargaining Unit" shall mean all full-time faculty and faculty administrators at San Juan College with a nine-month or greater contract and a sixty percent (60%) or greater teaching load, inclusive of release time, in the following faculty ranks: Instructor, Assistant Professor, Associate Professor, or Professor or one of these faculty ranks in conjunction with a Coordinator or Director title.
2. "Bargaining Unit Employee" shall mean any San Juan College employee in the bargaining unit. This term is synonymous with faculty, faculty member or instructor in this document.
3. "College" shall mean San Juan College or SJC.
4. “SJCEA” shall mean the San Juan College Educational Association. This term is synonymous with Association.
5. "Board" shall mean the San Juan College Board of Trustees.
6. “Local Labor Board” shall refer to the San Juan College Labor Management Relations Board.
7. "President" shall mean the chief executive officer of San Juan College.
8. “School” shall mean a broad academic unit which has a Dean as its head, examples including Business, Information Technology and Social Sciences; Energy; Health Sciences; Humanities; Trades and Technology; Science, Math, and Engineering.
9. "Dean" shall mean the administrative head of a School.
10. “Administration or Administrator” shall refer to any administrator who is not part of the bargaining unit and is a management or supervisory employee, i.e., Dean, Vice President for Learning, President, or their designee.
11. “HR” shall mean Human Resources and Legal Activities.
12. “Employee Handbook or Handbook” shall refer to the SJC 2019/2020 Employee Handbook
13. "Day" shall mean one working day, Monday through Friday except for holidays which are observed by the College and days which the Human Resources office is closed unless otherwise defined in this Agreement.
14. “Fiscal year” shall refer to the 12-month period from July 1st to June 30th of the subsequent calendar year.
15. “Academic year” shall refer to the 12-month period from the convocation week in August to the day before the convocation week of August of the subsequent calendar year, comprised of Fall, Spring, and Summer terms.
16. “Gender:” The use of one gender term shall be interpreted as including the other gender.
ARTICLE 4
AGREEMENT CONTROL
1. The parties will abide by the terms of the Agreement.
2. The terms of this Agreement control in the event of conflict with any College policy, regulation, or directive including, but not limited to, the Employee Handbook. Any changes to College policy affecting working conditions shall be negotiated through collective bargaining.
3. Written agreement to enter into negotiations during the term of this Agreement may result in a written Memorandum of Understanding agreed to by the parties to be appended to this Agreement and expires upon the expiration date of the Agreement.
4. The Agreement and attachments thereto incorporate the entire understanding of the parties on all matters which were discussed during negotiations leading to this Agreement.
ARTICLE 5
SEVERABILITY
This Agreement shall be governed and construed according to the Constitution and laws of the State of New Mexico. If any provision of this Agreement shall be found to be contrary to law, such provision shall have effect only to the extent permitted by law; but all other provisions of this Agreement shall continue in full force and effect. Any provision determined to be contrary to law will be re-negotiated by the parties provided either party submits a request to reopen negotiations no later than fifteen (15) days after issuance of ruling by the court or agency or enactment of the new law.
ARTICLE 6
TERMS OF AGREEMENT
1. All articles in this Agreement shall become effective upon signature of the representatives of the parties, after ratification by the Association membership and subsequent approval by the SJC Board of Trustees, and shall remain in effect through June 30, 2022 or if the ratification and approval take place after the beginning of the 2021 – 2022 academic year in August then the contract remains in effect through June 30, 2023, subject to applicable state laws.
2. The parties shall commence negotiations on the successive agreement no later than March 15th of the year the agreement expires.
ARTICLE 7
FACULTY INDIVIDUAL RIGHTS
1. Faculty have the right to form, join, or assist the SJCEA or any other labor organization. Faculty have the right to not form, not join, or not assist the SJCEA or any other labor organization.
2. Faculty have the right to arrange work schedules with supervisors so that those work schedules do not result in exorbitant work hours, long days, or stretches without days off. Faculty can arrange their schedules with evening or weekend teaching times appropriate to the needs of their departments or programs.
3. Faculty have the right to teach overload sections, and also to decline to teach overload sections.
4. Faculty have the right to volunteer for or accept committee assignments and to refuse such assignments.
5. Faculty are responsible to regularly check e-mail and other official means of college communication for updates and information. Faculty who do not have summer duties should check e-mail prior to starting back at work at the end of the summer. If an emergency or similar situation requires contacting faculty during summer or other holiday times when they are off contract, the college should contact them by home or personal phone to ensure they get the information. This is especially the case in situations that require faculty to respond or take action by a deadline during the off-contract times.
6. Faculty have a right to be provided appropriate office and workspace, as well as supplies and materials needed to do their jobs.
7. The personal life of a faculty member is not an appropriate concern for discipline unless it affects the member’s work performance or the safety of employees or students.
8. Faculty have the right to consult with SJCEA on job related issues such as reassigned time, committee assignments, hiring committees, etc.
9. Faculty have the right to representation by SJCEA in all disciplinary processes.
ARTICLE 8
SJCEA RIGHTS
The parties agree that the SJCEA has the right and duty to represent the interest of employees in the bargaining unit, regardless of membership, so long as that representation does not interfere with the operation of the College. In exercising those rights, the following provisions shall apply:
1. Use of College Property
SJCEA shall be allowed to schedule and conduct meetings and set-up informational tables, without undue interference. SJCEA will be allowed to use college facilities in accordance with College facility use procedures and policies for internal groups. Fees associated with such use will be waived by the College. Such meetings shall not interfere with the normal operations of the College.
2. Use of College Mail, Email, & Office Equipment
SJCEA shall have the right to use campus mail and electronic communication such as email or other similar communications system for its business and to communicate with the members of the Bargaining Unit. These communications should be free of undue interference from the College. Such emails shall not be derogatory, inflammatory, or disparaging of any College employee or elected official nor contain any political information. SJCEA shall also have the right to use College office equipment, such as computers, copiers, and audio-visual equipment.
3. Use of Bulletin Boards
The College will designate a space consistent in size with other bulletin boards in each school office area and in the CPED for use by SJCEA. The bulletin board will be provided by the College. The materials posted by SJCEA shall not be derogatory, inflammatory or disparaging of any college employee or elected official nor contain any political information.
4. Use of College Website
SJCEA shall have the right to place a link to its web page on the College website which will take the user to a disclaimer page with the following message:
“The following link is an external website managed by the San Juan College Education Association, and does not necessarily reflect the views of San Juan College.”
No material that is libelous or of a personally derogatory nature shall be posted on the Association’s website.
5. Access to Bargaining Unit Employee Information
The College will provide SJCEA upon request following the Fall and Spring Convocation with the following bargaining unit information in an editable digital file format:
a. the employee's name and date of hire;
b. work telephone number;
c. work email address;
d. employee's job title, rank, salary, school, department and assigned release time.
This information will be provided within ten (10) College work days of the request.
The College shall provide updated information on any changes to faculty (as indicated in Item 5), in the bargaining unit within 20 days of such changes taking effect.
6. Access to Information
The College shall make available to the SJCEA upon its request any public information in accordance with applicable law. Whenever possible this information shall be provided in an editable digital format.
7. Representation
SJCEA has the right to have a representative in each of the six (6) schools. SJCEA will notify the Associate Vice President of Human Resources of all representatives and the scope of their authority within thirty (30) days of execution of this agreement, followed by annually on or before September 15th and within ten (10) work days of any change. When there is not a designated representative for a school SJCEA will name a designee.
Representatives shall have the right to bring matters of concern to the attention of the deans as well as the right to meet with members of the bargaining unit and distribute information. SJCEA may meet with bargaining unit employees in accordance with the law. Representatives will be able to meet with members during regular work hours at their work locations to investigate and to discuss grievances, workplace-related complaints and other matters related to employment relations.
8. Freedom of Expression or Statement about Commenting to Media
In keeping with First Amendment protections, SJCEA officials are free to comment on issues to the media on matters of interest to members of the bargaining unit. Such officials shall clearly state that they are not speaking as official representatives of the College.
9. Speaking to the Board
SJCEA or Faculty Association shall have the right to speak to items under consideration by the Board at board meetings, without time constraints, in accordance with guidelines in state law.
10. Speaking at New Faculty Orientation
SJCEA shall have the right to meet with new faculty in the bargaining unit within thirty days from the date of hire for a period of at least thirty minutes but not more than one hundred twenty minutes. An initial meeting shall be scheduled during the time the New Faculty Learning Academy is in session (or other new employee orientation should NFLA cease to operate). If the College chooses to not conduct new faculty orientations, the meeting can take place with individual or groups of new faculty, such as meetings included in the convocation schedule that is sent out to all employees.
ARTICLE 9 SECTION II
MANAGEMENT RIGHTS
The College retains and reserves unto itself all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Mexico, federal laws and the Higher Learning Commission (the accrediting agency for the college); so long as this right is not expressly superseded by a provision of this Agreement. The College agrees to abide by Criterion # 5 as outlined in the Higher Learning Commission Criteria for Accreditation when exercising those powers, rights, authority, duties and responsibilities. Such rights include, but are not limited to, the following:
1. to determine the mission of the College, its schools, departments, and programs;
2. to set standards and qualifications;
3. to exercise control and discretion over College organization, operations, finances, employees, property, equipment, and facilities;
4. to direct employees of the College;
5. to hire, transfer, assign, and retain employees in positions within the College; and to suspend, discharge, or take other disciplinary action against employees only when warranted and through the use of due process as outlined in the Disciplinary, Reduction in Force, Grievance and elsewhere in this agreement;
6. to relieve employees from duties because of lack of work, decrease in student enrollment, programmatic changes, or for other business reasons through a systematic, fair, and transparent process as outlined in the Reduction of Force Article;
7. to maintain the efficiency of the operations entrusted to the College and its Administration;
8. to determine the methods, means, and personnel by which the College operations are to be conducted;
9. to promulgating policies, rules, regulations, directives, and orders provided such are not in conflict with this Agreement; and
10. to take actions that may be necessary to carry out the functions and mission of the College and maintain uninterrupted service to its students in situations of emergency.
The College retains all rights not expressly and specifically limited by a collective bargaining agreement, by the College’s Labor Management Relations Resolution, or the NM Public Employee Bargaining Act. This provision shall not be interpreted to prohibit bargaining on the impact of these issues for the duration of this Agreement, or in negotiations for a successor Agreement.
ARTICLE 10
PERSONNEL FILE
1. The College shall maintain one (and only one) official personnel file for each member of the faculty. The file will be located in the Office of Human Resources. Nothing in this Article shall prohibit a supervisor from maintaining working files on bargaining unit members.
2. A faculty member will be permitted to review the material contained in his or her file.
3. The College will provide a faculty member with a copy of any document placed in his or her file, unless an original or copy was sent directly to the faculty member. The faculty member may submit a written response to any document placed in the faculty member's personnel file. This response shall also be placed in the faculty member's file.
4. An employee may request an electronic copy of documents or the entire personnel file from Human Resources. Any request for documents amounting to less than 10 MB will be transmitted by email. Any request requiring the transmission of 10 MB of information or more requires the employee to purchase a USB drive from the Business Office. For the first request requiring a USB drive, the USB drive will be provided by the College. Documents will be provided within five (5) business days of the request or date of providing the USB drive to Human Resources, whichever is later.
5. Faculty members may also place in their file materials relevant to their academic qualifications.
6. Faculty members may also place into the college’s performance management system materials relevant to their academic qualifications, teaching, professional development, research, scholarship, and service.
7. If a faculty member considers material in his or her file to be obsolete, because of its age or a significant change in circumstances, he or she may request the VPL, in writing, that the material be removed. The VPL shall consider whether the material is still relevant. However, "core documents" such as contracts, legal settlements, and notices of disciplinary action, shall remain in a faculty member's personnel file irrespective of age.
8. Materials in a faculty member’s personnel file shall not be removed by College officials without the consent of the faculty member.
ARTICLE 11
NON-DISCRIMINATION STATEMENT
1. The College and SJCEA agree that each will not interfere with the rights of the bargaining unit employees to join, or refrain from joining, SJCEA; and agree that each will not directly or indirectly discriminate against, interfere with, coerce, restrain, demote, transfer, or discipline a bargaining unit employee because of an employee’s membership or non-membership in SJCEA or because of an employee’s status as representative or officer of SJCEA.
2. Both the College and SJCEA agree that they shall not discriminate against a bargaining unit employee because of action taken in processing grievances under the provisions of this Agreement.
3. In a desire to restate their respective policies, neither the College nor the SJCEA shall unlawfully discriminate against a bargaining unit employee because of race, color, sexual orientation, religion, gender, age, national origin, ancestry, political affiliations, disability, marital status, veteran status or SJC campus affiliations.
4. The parties agree they shall not discriminate for any reason addressed in Federal or State law, the College’s Resolution on collective bargaining, or the Employee Handbook. Claims of discrimination may be filed with the appropriate administrative agency.
ARTICLE 12
ACADEMIC FREEDOM
1. Academic freedom is a right protected by the First Amendment of the United States Constitution.
2. A society, to remain free, requires citizens to be well-schooled in traditional knowledge and capable of critical evaluation of both new and old ideas. An institution of higher education can best foster growth in a democratic society when both student and instructor can freely participate in the process of sifting and weighing traditional approaches and creating and evaluating new ones. Through the community and the community college, society should provide an academic atmosphere in which questioning is encouraged, where alternatives can be explored, and where one may follow where an inquiry leads. It is, therefore, imperative that San Juan College faculty and students enjoy full freedom in the discussion of their subject and related matters, both in and beyond the classroom; the ultimate purpose of such freedom being pursuit of truth.
3. In their work, faculty are governed by the policy statements of the college. They are entitled to freedom in the classroom in discussing their subjects, but an instructor should be careful not to introduce controversial matter into their teaching that has no relation to one’s subject.
4. As a citizen, an instructor is governed by civil law. Faculty are entitled to all the personal and civil liberties pertaining to citizenship, and the legal exercise of these privileges should in no way endanger one’s position as a member of the college’s instructional staff.
5. An instructor’s right to express themselves on matters of college policy and procedure shall not be denied or abridged, nor should such an expression jeopardize one’s academic position, as long as the faculty member expresses themselves in a professional and ethical manner.
6. An instructor who speaks or writes as a citizen should be entirely free from institutional censorship or discipline, but their special position in the community obliges them to remember that the public may judge one’s profession and institution by the validity of one’s opinions and the manner in which they are expressed. When speaking or writing as a citizen, an instructor should indicate that they are not an institutional spokesperson.
7. When an instructor speaks or writes, as a citizen or as a faculty member, they should strive to be scrupulously accurate and objective, to maintain a professional demeanor, and to show respect for the convictions of others.
8. Academic Freedom does not protect instructors from the consequences of dishonesty, libel, slander, plagiarism, or intentional misrepresentation.
ARTICLE 13
INTELLECTUAL PROPERTY
1. San Juan College recognizes that faculty create commercially valuable intellectual property as a result of their involvement in their normal duties of teaching, scholarship, and service. Such intellectual property consists of, but is not limited to, books, films, works of art, musical compositions, laboratory manuals, demonstration materials, computer software, new teaching materials on processes, etc. The purpose of this policy is to assure and encourage the creation and dissemination of intellectual property.
2. SJCEA and the College agree that faculty shall have exclusive rights to all copyrightable/patentable material that is not work for hire. Material is not work for hire if it is produced within the scope of a faculty member's normal responsibilities. Such material created by the faculty member remains the intellectual property of the author/inventor/creator, regardless of whether it is stored in paper or electronic form in college-owned cabinets, computer files, course management systems, course delivery systems, or electronic storage devices. Works for hire are the result of a faculty member having been commissioned in writing by the College to produce a specific work that is explicitly out of the norm of regular duties as defined in the Agreement.
ARTICLE 14 SECTION III
RELIGIOUS AND CULTURAL PRACTICES
1. San Juan College and SJCEA support an inclusive work environment where diverse perspectives are recognized, respected, and valued as a source of strength.
2. Faculty and supervisors should collaborate on a faculty member’s teaching/work schedule to include both instructional duties and cultural identity.
3. When necessary or expected as part of religious practices or cultural norms, faculty can participate in and/or observe religious holidays and/or cultural events/obligations (e.g. ceremonies, etc.).
4. Faculty shall notify the chair or dean of any absence from work (in accordance with faculty leave policy) that is related to religious practices and cultural observances.
5. It is the faculty member’s responsibility to cover any missed classes or provide alternative assignments to avoid compromising the integrity of the course.
ARTICLE 15
ACADEMIC LOAD AND FACULTY RESPONSIBILITIES
1. Faculty Workload
The primary responsibility of San Juan College faculty is effective student instruction leading to student success. Faculty workload should provide faculty sufficient time to develop, deliver, and assess their courses; hold office hours; evaluate student coursework; advise students; participate in college and/or program level service; and participate in continued faculty development.
A full-time faculty load (for a nine-month contract) typically consists of 30 load hours split between the fall and spring semesters of an academic year, i.e. as 15 credits each semester. However, alternative load calculation methods (such as a 40-hour week schedule) may be used by the school dean when approved by the Vice President for Learning to accommodate needs of the varied programs across campus. The full-time faculty load for contracts other than the nine-month contract will be approved by the appropriate dean and/or Vice President for Learning.
2. Load Hour Definition
A load hour is the standard unit of measure for faculty compensation. The load hour consists of approximately 1500 minutes of preparation, instruction, and evaluation time per semester. In a typical 15-week semester this equates one load hour to about two hours of work per week. Office hours are not included in the load hour calculation.
3. Calculation of Teaching Loads
The following standards have been established for determining load hour calculations. Deviations from these standards may be proposed by the school dean and approved by the Vice President for Learning
a. Lecture (face-to-face or online): 1 load hour per student credit hour. This equates to 750 minutes of instruction time and approximately 750 minutes for preparation and evaluation per semester for the face-to-face courses, and 1500 minutes for preparation and evaluation in online courses.
b. Science Labs: Faculty receive 1 load hour per lab contact hour for face-to-face or online science labs. This equates to 750 minutes of instruction time and approximately 750 minutes for preparation and evaluation per semester for face-to-face labs and 1500 minutes for preparation and evaluation in online lab.
c. Studio or Technology Labs: 0.7 load hours per studio or lab contact hour. This equates to 750 minutes of instruction time and approximately 300 minutes for preparation and evaluation per semester.
d. Performances: 1 load hour is a Performance Unit equal to 30 hours working with students in course activity such as rehearsals and performances. This load is associated with theater productions, concert band, musical combos, choir, high school festivals, and so forth.
e. Private Lessons: Private lessons are paid at the current hourly rate for applied music classes which is determined by the School Dean and the Vice President for Learning.
f. Programs Governed by Accreditation and Regulation Standards: Load is dependent upon accreditation and/or regulation requirements and recommendations. Load hour standards will be proposed by the school dean and approved by the Vice President for Learning, and updated on an annual basis.
4. Underload
If the total teaching load for a faculty member on a nine-month contract is expected to fall below the contract requirements at the end of spring term, the school dean may, with both the faculty member’s and Vice President for Learning’s approval select one or a combination of the following options to ensure a full teaching load:
a. Assign the faculty member to relieve an adjunct or overloaded faculty member of a class during spring term; or
b. Assign the number of load hours needed to complete their contracted load in the summer term;
c. In rare occasions, assign a project with measurable outcomes and documented time commitment; or
d. Arrange for the faculty member to withdraw load hours from the leave bank to cover the contract commitment; the faculty member may only use personally accumulated hours; or
e. A faculty member may elect to take a reduction in salary.
5. Overload
Overloads, as defined above under faculty workload, are any load hours, or fractions of a load hour, above 30 load hours in an academic year. There is no expectation that any faculty member will teach a course overload.
a. A faculty member may elect to receive compensation for overloads in the term worked, in the spring semester, or may place the load hours into the faculty leave bank.
b. The overload rate of pay will be $801 per credit hour in Fall and Spring semesters and $961 per credit hour in Summer semester.
c. In order for faculty to have sufficient time to develop, deliver, and assess their courses; work with students; participate in professional development; and serve on college committees; faculty members will not be assigned a workload that exceeds 23 load hours in fall or spring terms or 12 load hours in the summer session. For example, a faculty member teaching 15 load hours (such as five 3-load hour classes) to meet their regular load, may teach up to 8 additional hours (such as two 3-load hour classes and a 2-load hour lab). Exceptions to this rule must be requested in writing by the school dean.
6. Additional Assignment Load Compensation
A. Department Chairs/Lead Instructors. Compensation for duties, when appropriate, will be determined by the Dean from a formula that considers the number of part-time and full-time instructors, as well as the total number of sections within the area of responsibility.
B. Stacked Classes. When two or more classes are taught concurrently, the classes will count as a single course. Stacked courses should have a minimum of 10 students combined in order to be offered. The load credit will be determined from the individual course with the highest load.
C. Team Teaching. When two or more faculty members share the instruction of a single course, the load will be divided between the faculty members based upon the contribution of each faculty member. The Team Teaching Form must be approved by the school dean and on file in Human Resources before the course begins.
D. Cooperative/Internship Courses. Faculty members who perform the duties associated with cooperative and/or internship courses will receive 1/3 load hour at the adjunct rate per credit hour in the course. Load is assigned based on the number of courses approved, not the number of students enrolled.
E. Global Studies. Faculty will receive one load hour for each credit hour of the approved course. If the course is team taught, the load hours will be divided between the faculty members based upon the contribution of each faculty member, and the Team Teaching Form will be approved by the school dean and on file in Human Resources before the course begins. The faculty member(s) will be compensated at the summer faculty salary rates.
F. Independent Study Courses. Independent study courses are courses offered for one to three students and require the approval of the school dean. Faculty will be paid at the adjunct rate for one hour of load credit for a three credit hour course. Payment is prorated for courses that have fewer or more than 3 credits. Faculty are not paid for an independent study course if they are teaching a regular section of the same course.
G. Low Enrolled Courses. Low enrolled courses are defined as courses with enrollment between four and nine students. Low enrollment courses are to be avoided and low-enrolled elective courses will generally be cancelled. In multiple section courses, low enrollment sections will be cancelled and students will be encouraged to enroll in a section with available seats. Low enrollment courses may be stacked, when appropriate, to achieve sufficient enrollment. With the approval of the Dean low enrollment courses may run without reduction in load credit in the following situations:
a. The course is an upper-level course required by a program for graduation and there are students who need the course that semester
b. Other courses in the faculty member’s load are overenrolled
c. The course is a short-term course in the School of Energy with credit hour differentials
d. The course is being taught as an overload
If a faculty member wishes to teach a low enrollment course that does not meet the above criteria, load credit for the course may be negotiated between the Dean and the faculty member.
H. Large Group Instruction. Standard maximum class sizes will be established by the school dean with approval of the Vice President for Learning. When classroom space, safety, and accreditation requirements do not prohibit, a faculty member may receive additional compensation for teaching large sections.
In Music, large group class instruction for areas such as Concert Band, Orchestra, Concert Choir, Jazz Band, Company Ensemble is set by the Dean and typically structured so that one load hour (Performance Unit) is typically equivalent to one student credit hour, i.e. 30 hours preparation, rehearsal, performance, and evaluation per semester.
I. Reassigned Time. Faculty members on continuing contract may be asked to perform non-teaching assignments. Such activity must be documented on the Reassigned Time Form (with appropriate approvals) and submitted to Human Resources before the start of the semester. These assignments may include:
a. Serving as Department Chair/Lead Instructor/Coordinator
b. Directing projects as assigned by the President or Vice President for Learning
c. Assessment Committee Chair
d. Curriculum Committee Chair
J. Sponsorship of Student Activities. Faculty sponsorship of student clubs and organizations is voluntary and at the faculty member’s discretion.
7. Faculty Work Policies
A. Faculty members are expected to report to work in accordance with the academic calendar and their individual employment contract.
B. Faculty members are expected to participate in all areas of their assignment, including professional development and in-service activities.
C. Faculty members are expected to attend graduation exercises.
D. Faculty members are required to work on their assigned campus site a minimum of thirty (30) hours per week. ‘On campus’ consists of actual time spent teaching, working with students, doing committee work, participating in professional development, advising students, and all other required assignments. Expectations for faculty who are assigned to online programs may be different and will be specified by the dean and/or program director.
E. Full-time Faculty will maintain a minimum of five office hours per week during the academic year. Adjuncts will maintain one office hour per week for each class that they are teaching each academic term. Faculty will maintain one office hour per week for each class taught during interim and summer terms. Office hours may be held in the Student Success Center, the faculty office, or a combination of both. Online faculty will hold online office hours for the corresponding amount of time as faculty teaching on campus.
F. Office hours are to be identified and posted before each term begins. Office hours are intended to provide regularly scheduled hours during which faculty shall be available to students. It is assumed faculty will also be available outside of posted office hours, as needed, to assist students and participate in college/school activities. Scheduled time blocks should not be less than 30 minutes. Each faculty member’s scheduled office hours are to be kept in the Deans office for reference.
G. The college may assign faculty up to five hours per week, per academic term, for other college related assignments (i.e. committee work, special project, curriculum review, etc.) in order to meet the requirement for all employees for college and program level service.
H. Faculty members may be assigned day and evening classes at any college location as part of their regular teaching load. Assignments at other than the main campus will be made by a cooperative agreement between the School Dean and the Director of the extended campus. The college will not provide reimbursement of travel for a single teaching assignment unless the class is housed out of San Juan County. If the faculty member has teaching assignments at multiple locations, travel reimbursement would be allowed unless the faculty member is using a college vehicle.
ARTICLE 16
EVALUATION OF FACULTY
1. The College performs evaluations annually for continuing contract faculty. For probationary faculty, evaluations may occur more often. The frequency of evaluations may change in the case of disciplinary issues.
2. Faculty performance is primarily based on teaching and college service, but also includes professional development, scholarship (researching and writing), and other specific responsibilities such as chairing departments or directing programs. Faculty are responsible for setting annual objectives (goals) related to the missions of SJC, schools, departments, or programs and reporting progress toward meeting those objectives (this process is currently facilitated with TrakStar). Objectives/goals may be amended by the faculty member’s supervisor in collaboration with the faculty member within 10 days of their initial submission.
3. Evaluation of faculty is formative in nature to provide information and feedback regarding the faculty member’s performance and behavior. Evaluations may affect reappointment, achieving continuing contract status, and application for rank and promotion.
4. The supervisor conducting the evaluation may schedule a meeting with the employee to review the evaluation. The employee may have an SJCEA representative present. The employee may submit a written response to an evaluation within five (5) days of receipt of the evaluation.
ARTICLE 17
OUTSIDE EMPLOYMENT
Bargaining unit employees/faculty should consider their employment with the college as their primary employment. Employment outside the college is not prohibited. Bargaining unit employees of the college may not engage in outside secondary business activities while on duty.
The following additional guidelines must be followed:
1. Outside employment will not impair the ability of the faculty member to perform the duties and responsibilities required by the employee’s position.
2. Outside employment will not adversely affect the purpose of the college.
3. Outside employment will not require the use of confidential or inside information to which the faculty member has access.
4. The faculty member does not solicit business from fellow employees or students while on duty or under coercive or intimidating circumstances.
5. The faculty member is not being compensated by any person or business for any duties which the employee has an obligation to perform for the college.
6. No faculty member will be required or directed to engage in outside employment.
ARTICLE 18 SECTION IV
DRUG/ALCOHOL TESTING
1. The parties agree the maintenance of a drug/alcohol free workplace is important to both the College and SJCEA. Employees are prohibited from possession, manufacture, dispensation, consumption, or being under the influence of a controlled substance or alcohol while on the College’s premises or during time paid by the College. Violations of this prohibition will constitute just cause for disciplinary action up to and including termination.
2. The College may require an employee to complete a drug and/or alcohol test when the College has reasonable suspicion to believe the employee is under the influence of a controlled substance or alcohol. Failure of the employee to cooperate in testing will constitute just cause for disciplinary action up to and including termination.
3. Employees prescribed medication shall consult with their healthcare provider on the employee’s ability to safely perform the functions of the job and to comply with the Drug-Free Schools and Campuses Act.
ARTICLE 19
FACULTY EMPLOYMENT CONTRACTS
1. Probationary Faculty Employment Contracts
A. It is San Juan College policy to use annual employment contracts for all faculty from August to August. Faculty serve a three (3) year probationary period. All contracts may be terminated for the following reasons: (1) the employee voluntarily terminates with prior notice; (2) there is a reduction in workforce; (3) there is termination for cause; (4) the College notifies the faculty member of its intent to non-renew the probationary faculty by March 1st.
B. Once faculty contracts are distributed for the upcoming fiscal year, faculty will have a minimum of two (2) weeks to sign the contracts and return them to the Human Resources Office. If the faculty member fails to return the college’s letter of employment renewal within this time period, it will be deemed as a resignation and the position declared vacant.
C. The President, upon exceptional circumstances, may extend the time permitted for a faculty member to return a signed employment contract.
2. Continuing Faculty Employment Contracts (Continuing Contract)
A. Notification of the college’s intentions regarding non-renewal of faculty contracts shall be given by December 31st of each year. Terms of renewal of contracts will be offered as soon as the legislature, governor, and the College Board have approved the following fiscal year budget appropriations.
B. Beginning with the fourth year, the contract of a faculty member will be continued from year to year unless the college terminates the contract for cause or because of a reduction in force according to the Termination and Reduction of Force Articles outlined in this agreement.
C. In cases of non-renewal of a faculty member on ‘continuing contract’ status, it is the responsibility of the appropriate school dean and the Vice President for Learning to provide evidence of cause for the non-renewal according to the disciplinary procedures outlined in this agreement. This non-renewal of contract includes a right to an appeal according to the Appeal Procedures Article for dismissals of a faculty member on continuing contract.
D. Once faculty contracts are distributed for the upcoming fiscal year, faculty will have two (2) weeks to sign the contracts and return them to the Human Resources Office. If the faculty member fails to return the college’s letter of employment renewal within this time period (and no satisfactory cause can be given for the delay), it will be deemed as a resignation and the position declared vacant.
E. The President, upon exceptional circumstances, may extend the time permitted for a faculty member to return a signed employment contract.
ARTICLE 20
FACULTY SALARIES
San Juan College bargaining unit members employed by the College will receive a two percent (2%) increase (consisting of the state-approved and state-funded 1.5% increase + an additional 0.5%) to their current base salary effective at the start of the Fall 2021 semester.
ARTICLE 21
HEALTHCARE BENEFITS
Bargaining unit employees may participate in health insurance programs offered by the College, with the same cost sharing of benefits premiums as other College employees.
ARTICLE 22
OVERLOAD AND SUPPLEMENTAL PAY
1. Faculty will receive renumeration for any overload or supplemental pay that begins at the start of an academic semester no later than the second pay period following the first day of class for that semester. Pay shall be divided evenly over the remaining pay periods during said semester.
2. The portion of overload or supplemental pay that does not begin at the start of an academic semester shall be paid to faculty the first pay period after the point at which they are entitled to receive such compensation.
ARTICLE 23 SECTION V
PENSION
Bargaining unit employees are required to participate in the Educational Retirement Act pension plan in accordance with rules and statutes set forth by state statute, ERA and New Mexico Educational Retirement Board rules and regulations.
ARTICLE 24
DISCIPLINARY PROCEDURES
1. General Statement and Philosophy
A. The College and SJCEA encourage supportive problem-solving approaches to disciplinary issues and recognize that misconduct and performance problems may require disciplinary actions. No employee in the bargaining unit shall be terminated, disciplined, placed on administrative leave, furloughed, laid off, reprimanded, adversely evaluated, transferred, reassigned, or deprived of any professional advantage without just cause.
The primary purpose of discipline is to correct performance or conduct that is unacceptable or contrary to the institution’s publicly stated mission, vision, values, and legitimate interests. When discipline is applied it should be done in a constructive manner that promotes responsibility and improvement.
B. Faculty members will be provided written notice on the specific allegation(s) and contemplated disciplinary action in everyday language and the opportunity to provide a response at a predetermination meeting prior to any disciplinary action. The employee may appeal disciplinary actions through the grievance procedure contained in this Agreement.
C. If a dean reasonably believes that a situation requires action beyond verbal coaching, they shall contact the Human Resources office for guidance. A faculty member may contact Human Resources or SJCEA officials for assistance or guidance when they are subject to any level of discipline or section of this policy.
D. The faculty member is entitled to SJCEA representation at any step of the disciplinary process. No disciplinary meeting will proceed without an SJCEA representative present if one has been requested. However, the unavailability of the SJCEA representative shall not delay the meeting by more than two (2) days. This timeline may be extended by mutual agreement of the parties.
E. “Days” shall mean college business days. For the purpose of the timelines in this article, the first day counted shall be the day following any notification or decision.
2. Individuals and Entities affected by this process
The disciplinary procedures outlined in this section apply to all employees in the bargaining unit. Deans are responsible for investigating, documenting and initiating any disciplinary actions.
3. Supervisor Responsibilities
Supervisors should exhibit a positive attitude and supportive tone when dealing with performance problems. In cases involving conflicts between a faculty member and one or more other employees (and where the conflict is of a nature where discipline could be involved in its resolution), the affected parties shall first engage in a conflict resolution process at the VP level or with HR (see Alternate Dispute Resolution Article).
4. Progressive Disciplinary Steps
The College will adhere to the principles of progressive discipline. The progressive disciplinary process can only be bypassed due to an offense that requires the faculty member to be placed on Administrative Leave (see Administrative Leave Article). Each such case should be justified in writing from HR with specifics as to why the progressive disciplinary process should be bypassed.
Consideration and determination of disciplinary actions that may result in a proposed dismissal are governed by the Termination of a Faculty Member Article.
A. Verbal Coaching
Verbal coaching involves a discussion between a supervisor (coordinator, director, department chair or dean) and faculty member to address performance or conduct concerns of a minor nature. Verbal coaching is intended as an informal discussion and does not need to be documented. This step can be repeated several times or bypassed to Step B if warranted.
B. Corrective Actions – Dean’s Working File
Actions from these steps are placed into the Dean’s working file on the faculty member but do not go into the faculty member’s HR personnel file. Notification of each step should be clearly communicated to the faculty member and should not be bypassed except for reasons cited above for bypassing progressive discipline.
I. Verbal Warning:
The goal of a verbal warning is to advise the employee that there is a performance/behavior problem, to advise the employee what can be done to correct it and to arrange a timeline of up to a semester to address the problem. It is expected that this type of conference will result in correcting the problem.
The employee shall be allowed the opportunity to explain behaviors, and the dean may conduct further investigation if necessary. If further investigation exonerates the employee, then the verbal warning shall be rescinded. Within five (5) days, the dean should inform the employee via email that the verbal warning is rescinded.
If further investigation is not necessary, or if further investigation verifies that a warning is justified, the dean is to document within five (5) days that this conference took place and that a verbal warning was given by sending a follow-up e-mail.
The employee may submit to the dean in writing a response to the verbal warning within five college business days after the conference takes place.
II. Letter of Concern:
If the problem continues beyond the timeline arranged for the verbal warning, then the dean or Vice-President may decide to issue a letter of concern to the faculty member.
The letter should outline the problem, provide documentation that the problem has not been corrected in the verbal warning, outline the steps needed to correct the problem and to arrange a timeline of up to a semester to address the problem.
The employee should acknowledge receipt of the letter and may submit to the dean in writing a response to the letter of concern within five college business days.
C. Disciplinary Actions – Employee’s HR personnel file
Actions from these steps are more formal and are placed into the faculty member’s HR personnel file to become part of their permanent employment record at SJC. Notification of each step should be clearly communicated to the faculty member and should not be bypassed except for reasons cited in Administrative Leave (see Administrative Leave Article).
I. Written Reprimand
A formal written reprimand can only occur after the timeline in the letter of concern has passed. A formal written reprimand may occur if the letter of concern fails to produce the desired results.
A letter of reprimand shall contain the following elements: (a) explain what the issue is, (b) why it is an issue, (c) why it remains an issue after the letter of concern has been given, (d) what action might result if the issue is not corrected.
The letter of reprimand shall be delivered in a disciplinary meeting. At the meeting, the employee shall be allowed the opportunity to explain the situation and circumstances related to the issue, and the dean may conduct further investigation if necessary.
A copy of the written letter of reprimand will be placed in the faculty member’s personnel file.
The faculty member may submit a written response to the reprimand letter within five (5) days after the reprimand has been issued. This response is also to be included in the personnel file of the faculty member.
II. Disciplinary Improvement Plan
If the problem continues, the employee may be placed on a Disciplinary Improvement Plan (DIP). The delivery of this DIP should occur at a disciplinary meeting. The disciplinary improvement plan will provide a more detailed pathway for a faculty member who struggles with their work responsibilities or job behavior to gain the skills and habits necessary to improve and keep their job.
In situations requiring a DIP, the dean and faculty member are responsible for the following:
1. Dean and faculty member discuss possible corrective actions, ultimately determining and outlining the means by which the faculty member can develop or improve the skills and habits necessary to remedy the situation. Tasks to be completed by the faculty member and resources to be provided by the college should be identified and written down, and specific, measurable objectives for the faculty member to accomplish during the DIP should be set. A timeline of up to four months is set for completion of the DIP.
2. Within five days of the meeting with the faculty member, the dean provides a description of the DIP in writing to the faculty member. The faculty member acknowledges (in writing) receipt of the DIP within three days. If the faculty member has a rebuttal of the written DIP, or identifies parts of the DIP that are inaccurate or need modification, the faculty member must respond in writing within two days, and the supervisor and faculty member should meet within five days to resolve such differences and finalize the DIP.
3. Throughout the duration of the DIP, the dean and faculty member should meet regularly for an update, to review objectives, and to discuss progress. Following each of these meetings, the dean sends the faculty member a written description of the main points, findings of the meeting and ratings on the measurable objectives in the DIP.
4. At the end of the DIP, the dean and faculty member meet to discuss the faculty member’s progress to determine the degree to which the specific, measurable objectives of the DIP have been met.
5. Within five days following this meeting, the dean provides the faculty member with a written description of results of the meeting. The faculty member will acknowledge receipt of this in writing within three (3) days. If the faculty member has a rebuttal of the results, the faculty member must respond in writing within five (5) days. The dean and faculty member should meet within five days to resolve such differences.
6. In cases where the objectives of the DIP have been met, a two-month monitoring period should be established. The dean and faculty member can meet during that period as necessary. At the end of that period, the dean notifies the faculty member in writing of their completion of the DIP.
7. In cases where the objectives of the DIP have not been met, the dean will proceed according to processes outlined in this document.
8. The faculty member is entitled to SJCEA representation throughout this process and at all meetings related to the DIP. It is up to the faculty member to contact SJCEA representatives and to coordinate with the Dean and/or executive administration regarding the scheduling of meetings, etc.
9. All written information for the DIP is to be included in the employee's permanent personnel file.
ARTICLE 25
ALTERNATE DISPUTE RESOLUTION
1. Bargaining unit employees are encouraged to resolve conflicts amongst themselves or with supervisors whenever possible.
2. In cases where such resolution is not possible (and where the conflict is of a nature where discipline could be involved in its resolution), the affected parties may be mandated to participate in conflict resolution by the College. The resolution process itself is not considered to be a disciplinary action. Each party may elect to bring a witness to the proceedings.
3. Any agreement reached in the conflict resolution process will be placed in writing and signed by the parties. The signed agreement will be provided to the parties within five (5) days of signing. This agreement is not considered to be a disciplinary action and shall not be placed in any of the parties’ personnel files, although HR shall retain a copy as a record.
4. The conditions of this agreement shall be binding and if abided by will not result in any disciplinary action being taken related to the issues stated therein. If demonstrable evidence can be shown that any of the faculty members involved failed to abide by the conditions of the agreement, then the agreement may be considered breached and said member may then be subjected to discipline related to the issues in the agreement through the Progressive Disciplinary Procedure described in this article.
5. If an understanding between the parties is not reached during the resolution process, then the affected parties may elect to engage in the college’s mediation process at any time as outlined by HR.
ARTICLE 26
INTERNAL INVESTIGATIONS
1. The College has the right to investigate all allegations of faculty misconduct. A faculty member may be placed on administrative leave with pay during an investigation involving the faculty member. The method of investigation may include employee interviews, review of documentation, workplace searches, electronic monitoring and surveillance.
2. In the case of electronic monitoring or surveillance, the College shall make such a request through authorized channels (the Public Safety Director or the Chief Information Officer).
3. Investigations shall not violate a faculty member’s personal privacy unless law enforcement is involved, and a legal search warrant obtained. This shall include an employee’s personal items (purses, clothing, personal computer, etc.) or non-college websites that the employee may be a member of (such as online banking, social media accounts, etc.).
4. When the faculty member is under investigation, the faculty member may be represented by an SJCEA representative in any meetings with the College.
5. If the College is notified of an allegation of misconduct against a faculty member and the subsequent investigation clears the faculty member, or is unable to substantiate the allegation, the investigation should stop. The unfounded allegation cannot then be raised again by the College at a later date without new and compelling information.
6. During an investigation, no documentation or information related to the matter under investigation will be placed in the faculty member's personnel file or released publicly. If the investigation does not result in disciplinary action, no documentation will be placed in the faculty member's personnel file.
7. If the investigation yields evidence to present charges against the faculty member then, depending on the seriousness of the charges, the College may elect to begin the Disciplinary process.
8. Documentation and information regarding an investigation will be kept confidential to the extent permitted by law.
9. If an investigation results in an unsubstantiated finding of all claims, the investigation will be maintained in a confidential folder. Materials in a confidential folder can only be considered in a new investigation of a similar type of complaint.
ARTICLE 27
ADMINISTRATIVE LEAVE
1. Occasions may arise when it is necessary to protect the integrity of an investigation, in which case the employee will be placed on administrative leave with pay (ALP). Employees shall continue to have full benefits throughout the duration of ALP.
2. ALP should be used with behaviors like these requiring investigation:
A. Criminal Activity (Arson, Vandalism, Embezzlement, Extortion, etc.)
B. Assault or battery of a fellow staff member, student or while on the job
C. Gross Negligence
D. Moral Turpitude
E. Sexual Harassment and/or General Harassment
F. Possession or use of alcohol or narcotics or being under the influence while on the job
G. Other situations of an equally grave nature
3. ALP is subject to approval from the Associate Vice-President of Human Resources and the Vice-President of Learning. ALP is a temporary condition and should not be longer than three months. In exceptional circumstances, more than three months may be needed. A request for more time requires a meeting between HR and SJCEA to justify the need.
4. If the investigation yields no evidence to present charges against the faculty member, then they will be taken off ALP, restored to their regular contract duties and no record of the event will be place into their permanent personnel file in HR.
5. If the investigation yields evidence to present charges against the faculty member, then the process as described in the Internal Investigations Article shall apply and a record of the faculty member having been placed on ALP will be placed in their permanent personnel file in HR.
ARTICLE 28
TERMINATION OF A FACULTY MEMBER
1. General Statement
Termination is the involuntary separation of a faculty member from employment with the College. This can happen either through an involuntary separation during the middle of the faculty member’s contract or through an involuntary separation at the end of a faculty member’s contract by a contract non-renewal. Termination of a continuing contract faculty member must be for cause and must follow the procedures below. Termination of a faculty member not on continuing contract has separate requirements (see Step 6 below).
2. Notice of Charge
An administrator at the VP level or above or the director of HR (or associate director of HR) shall present to the faculty member a notice of charge which informs the faculty member whose job is intended to be terminated, in writing, of the reason(s) for the termination. This Notice of Charge should be presented in a disciplinary meeting with the faculty member present and their SJCEA representatives (if the employee so chooses to have such representation). If circumstances are such that the faculty member is unable to attend the meeting, they can designate the SJCEA representatives to act on their behalf.
3. Right of Appeal
Faculty members have the right to appeal any termination through the Appeal Procedure in this agreement. In the case of a contract non-renewal, the faculty member remains employed by SJC until the end of their contract. In the case of a mid-contract termination, the faculty member remains on paid Administrative Leave until the end of the investigation and a decision to terminate the employee has been made.
4. Mid-Contract Termination: (Termination before a contract has expired)
A. This is considered for the most serious situations where the employee’s conduct is so serious as to justify bypassing the Progressive Disciplinary Process directly to administrative leave and/or termination. Items that warrant such a bypass should be of the following types:
1. Criminal Activity (Arson, Vandalism, Embezzlement, Extortion, etc.)
2. Assault or battery of a fellow staff member, student or while on the job
3. Gross Negligence
4. Moral Turpitude
5. Sexual Harassment and/or General Harassment
6. Possession or use of alcohol or narcotics or being under the influence while on the job
7. Other situations of an equally grave nature
B. No Faculty member shall be summarily dismissed (terminated before their contract has expired) without an investigation having occurred according to the guidelines specified in the Internal Investigations Article.
5. Termination at the end of a Contract: Non-Contract Renewal
A. Progressive Discipline: A faculty member subject to a Non-Contract Renewal must have gone through the Progressive Discipline process in which they have demonstrably failed to address concerns outlined in a Disciplinary Improvement Plan (DIP).
B. Notification: A faculty member must be notified by December 31st of the contract year that their contract will not be renewed after it expires.
C. Continuation of Benefits: A faculty member whose contract is not renewed and whose termination is upheld through the appeal process are eligible to continue to receive their benefits in the months of June, July and August following their termination.
6. Termination Procedures for Probationary Faculty
A. Contract Non-Renewal: A faculty member in their first three years of full-time employment at SJC may have their contract non-renewed without cause being specified and without right of appeal.
B. Notification: A probationary faculty member must be notified by March 1st of the contract year that their contract will not be renewed after it expires.
C. Mid-Contract Termination: The Step 4 procedure in this Termination Article shall also apply to probationary faculty. A probationary faculty member may grieve a mid-contract termination through the College’s grievance process.
ARTICLE 29 SECTION VI
REDUCTION IN FORCE
1. The College may enact a reduction in force (RIF) for reasons of financial exigency or for the discontinuance of a faculty position(s) or program(s). Notification of the possible need for a RIF should be given no later than 30 calendar days prior to the effective day of the RIF. A copy of the notice will also be sent to the SJCEA President. RIF decisions shall be based primarily on seniority.
2. Seniority
Seniority shall be defined as the total length of time of continuous full-time employment in a faculty position at the College. Time spent on paid leave shall be counted for seniority purposes. Time spent on approved unpaid leave shall not constitute a break in continuous service but shall not be counted for seniority purposes. The College will maintain a seniority list of all faculty members in the bargaining Unit ranked in order of seniority. Upon request, the College will provide SJCEA with a copy of the faculty seniority list.
3. Loss of Seniority.
Seniority shall be forfeited in circumstances, including, but not limited to resignation, termination, or retirement. Seniority is not lost in the situations described below.
A. A faculty member is part of a reduction in force and is subsequently rehired. In such a situation, the individual retains the seniority he or she had when terminated.
B. A faculty member moves into an administrative position and back to a faculty position. In such a situation the individual accrues seniority as if he or she had stayed in a faculty position. The faculty member’s rank (Instructor, Assistant Professor, Associate Professor, Professor) is also retained while in an administrative position.
4. Before terminating an appointment in accord with this Article, the institution, with faculty participation, will make every effort to place the faculty member concerned in another suitable position or location within the institution. The appointment of a faculty member with seniority will not be terminated in favor of retaining a faculty member with lower seniority, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result.
5. If a faculty member is essential to the existence of a particular program, and a senior faculty member's duties could be considered non-essential or possibly be covered by another person within the department or institution, it will be the responsibility of the Dean and/or Vice President for Learning to make a recommendation not to follow seniority. Any such recommendation will be sent to SJCEA review and concurrence. Only with such concurrence will any deviation from seniority be allowed.
6. Financial Exigency
A. Financial exigency is defined as a serious financial crisis that jeopardizes the College's mission and effective operation. A reduction in force (RIF) due to financial exigency must be justified with written documentation. Data and other evidence used to establish the need for faculty reductions will be shared with the faculty. Within ten (10) days of declaring financial exigency, the College will meet with SJCEA to demonstrate the existence and extent of the College's financial problems and to explore other cost saving options and possible alternatives before implementing a RIF affecting faculty. A request for this meeting shall be sent in writing to the Vice President of Human Resources.
B. When implementing a RIF is necessary due to financial exigency, the College will give top priority to instructional requirements and institutional needs.
C. In cases of termination because of financial exigency, the place of the faculty member involved will not be filled by a replacement within a period of three years unless the released faculty member has been offered re-instatement and a 20-day period in which to accept or decline it.
D. If a faculty member affected by a Reduction in Force is re-hired, all rights and benefits accrued at the time of the separation will be restored upon re-employment.
7. Discontinuance of Faculty Positions or Program Not Mandated by Financial Exigency:
A. Whenever possible, program discontinuance will occur at the end of the academic year when the decision is made.
B. Within ten (10) days of deciding to discontinue a faculty position or program, the College will meet with SJCEA to explore other options besides discontinuance. At this meeting the College should include information on costs, enrollment, student-faculty ratios, societal need, program quality, return on investment (ROI) and other criteria appropriate to the particular situation.
C. Before the Administration issues notice to a faculty member of its intention to terminate an appointment because of formal downsizing or discontinuance of a program or department of instruction, the institution will make every effort (in consultation with the faculty member involved) to place that faculty member in another suitable position or location. If placement in another position or location would be facilitated by a reasonable period of training, the College will, upon request, hold the position for one semester. If no position is available within the institution, with or without retraining, the faculty member's appointment may then be terminated at the end of the contract year.
ARTICLE 30
GRIEVANCE PROCEDURE
1. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement.
2. Definitions
A. The term “grievance” means an allegation made by a faculty member, group of faculty members, or SJCEA, that there has been a violation, misinterpretation, or misapplication of a specific provision of this Agreement, College policy, rule, regulation or an appeal of a disciplinary action.
B. The “grievant/aggrieved” is a bargaining unit employee, group of bargaining unit employees, or SJCEA.
C. “Days” shall mean days the College’s Human Resource Office is open for business. In filing grievances, grievance appeals, or providing responses, the first day to be counted in the grievance procedure shall be the day following the act or discovery of the act, receipt of a grievance, or decision.
3. Timely Processing of Grievances
A. Time limits specified at each level shall be considered maximum, and effort shall be made to expedite the process. Time limits may be extended by written mutual agreement of the parties.
B. Failure to file a grievance or appeal a decision within the time limits specified herein shall result in the dismissal of the issue.
C. Failure on the part of the College to submit a decision in writing within the time limits specified herein will be considered a decision to uphold the grievance. In such cases, the college must take prompt action in support of the grievant’s request to remedy the grievance.
D. If a grievance affects a group or class of faculty, SJCEA may file the grievance within fifteen (15) days of the act that caused the grievance, at the appropriate level; or if the appropriate supervisor does not have the authority to remedy the matter, at the President’s level.
E. A grievance may be withdrawn at any step of this procedure by the grievant.
4. Nothing contained herein shall limit the right of any employee to process a grievance as an individual without representation by SJCEA. However, when this occurs, SJCEA shall be offered the opportunity to be present and make its views known at all levels of the procedure except Step One of the Procedure (see below). Any decision shall not be inconsistent with or in violation of the provisions of this Agreement.
5. A grievant has the right to SJCEA representation at all levels of the grievance procedure. The College may have a representative present also.
6. The processing of grievances will be accomplished at times agreed to by the parties to the grievance. Grievance meetings will be scheduled so as to be the least disruptive to the education process and to minimize disruptions to the bargaining unit employee’s loss of pay or leave as a result of such participation.
7. The Parties will ensure that grievances are conducted in a professional manner. No reprisal or retaliation will be taken by the College or SJCEA against any aggrieved/grievant, witness, any SJCEA representative, college representative, or any other participant in the grievance procedure by reason of such participation.
8. The College and SJCEA shall develop all forms to be used in the grievance procedure. All grievances, responses, and appeals must be filed upon the appropriate forms.
9. All written materials related to the processing of a grievance will be filed separately from the Human Resources Personnel Files.
10. Members of the bargaining unit have the right to discuss matters of grievance informally with supervisors or HR prior to beginning a formal grievance.
11. A written grievance must contain a statement of the grievance, the name of the bargaining unit employee(s), the supervisor/administrator alleged to have committed the violation, the circumstances and facts upon which it is based, the date of the alleged violation, the specific section of this agreement, College policy, rule, or regulation allegedly violated. The grievance also includes the specific remedy being sought. Statements such as “to be made whole” shall not constitute sufficient notice of the remedy being sought by the grievant.
12. Any official decision at any step of the grievance procedure will be final for that grievance unless the grievant begins an appeal to the next step of the grievance.
13. Grievances shall be presented as outlined below:
Step 1:
The parties recommend that a grievance be presented to the grievant’s Dean to keep it as informal as possible. When filing a grievance, the aggrieved may submit a written request to meet with the Dean in an attempt at resolution or, in lieu of a meeting, the aggrieved may present the written grievance to the Dean, within fifteen (15) days of the incident that gave rise to the grievance.
The Dean will communicate a decision in writing within ten (10) days after holding the meeting or receiving the written grievance.
If not satisfied with the Dean’s decision, the grievant or SJCEA may proceed to Step 2 within five (5) days of the decision.
Step 2:
The grievant may file the written grievance with the Vice President of Human Resources. The Vice President will hold a meeting with the aggrieved employee within five (5) days. The Vice President of Human Resources or designee will provide a written response to the grievant within five (5) days following the meeting.
If not satisfied with the decision the grievant or SJCEA may proceed to Step Three within five (5) days of the decision.
Step 3:
The grievant or SJCEA may file the written grievance with the President or designee. At the time of filing the grievance, the grievant or SJCEA Representative shall request a grievance meeting with the President or designee. This meeting should be held within five (5) days following receipt of the grievance, to discuss the grievance, and attempt a resolution. The President or designee will provide a written response to the grievant within ten (10) days following the meeting.
If not satisfied with the decision the grievant or SJCEA may proceed to Step 4 within five (5) days of receiving the decision.
Step 4:
The grievant may appeal the President’s decision to the Board. The Board retains the discretion to hear or not to hear the appeal. The Board’s decision is final and not subject to appeal; however, it does not deny the right to proceed to arbitration.
If the Board decides to hear the grievance, the grievant/SJCEA may be invited to appear before the Board at a Board meeting to present their position and respond to questions. The grievant/SJCEA will be notified in writing of any Board’s decision regarding the grievance within thirty (30) calendar days of the Board’s receipt of the request for appeal.
If the grievant/SJCEA is not satisfied with the Board’s decision, they may, within five (5) days of receipt of the Board’s decision, submit the grievance to Arbitration.
If SJCEA decides not to appeal the decision to the arbitrator, the grievant may still, at their own expense, appeal the decision to the arbitrator.
Step 5
Within five (5) days following appeal to Arbitration, the parties (representatives from the College Administration and SJCEA) shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region including New Mexico.
A. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt of the list by both parties.
B. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator’s decision shall be final and binding.
C. The Arbitrator’s decision will be in writing and will set forth the Arbitrator’s finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Board, the grievant, and SJCEA.
D. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the College and SJCEA. All other costs will be borne by the party incurring them. A party requesting a Court Reporter shall bear the costs of the Court Reporter, but each party desiring a transcript will share an equal portion of the costs of the court reporter and be responsible for the cost of the transcript. If the grievant is not represented by SJCEA, the College or Arbitrator may require the grievant place in escrow its share of the expenses in advance of the hearing based on an estimate provided by the Arbitrator.
E. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
F. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) calendar days following receipt of the decision.
ARTICLE 31 SECTION VII
APPEAL PROCEDURE FOR DISMISSALS OF FACULTY ON CONTINUING CONTRACT
A faculty member on continuing contract who is terminated may appeal and request an impartial and formal examination of issues surrounding the termination.
1. Hearing Panel
A. Standing Faculty Appeals Committee (FAC):
A committee consisting of ten continuing contract faculty members (currently employed or emeritus) shall be elected by the faculty every two years. The FAC will be tasked with hearing appeals of terminations of faculty members in the collective bargaining unit. This committee is expected to follow the procedures as described in this document.
B. Election of FAC:
The SJCEA officers and Institutional Research employees will conduct the election.
C. Organization of FAC:
The FAC shall elect a Chair and a Vice-Chair. The committee reserves the right to elect a new Chair or Vice-Chair any time a majority decides it is necessary. The Vice-Chair shall take over Chair duties in cases where the Chair is unable to serve. Five of the ten faculty members shall comprise a hearing panel.
D. Confidentiality of FAC:
Members of the FAC shall keep all documents, witness testimony and other information related to the appeal confidential.
2. Appeal Procedure
The following steps detail the appeal procedure. The hearing panel has the authority to extend the time limits for any of the steps. All days specified in this appeal process refer to college work days and do not include weekends and holidays. All deadlines in this appeal process shall extend until 11:59 PM of the specified due date.
A. Appeal Step 1
1. If a faculty member believes he/she has been unfairly treated by the College’s termination process, the employee may submit a written appeal to the chair of the FAC and the Director of HR requesting a hearing. The written appeal must contain pertinent facts and documentation related to the appeal (including the Notice of Charge) and include a proposed resolution. The appeal must be filed (by email) within ten (10) days of the date that the final notice of termination was received by the employee.
2. After receiving the employee’s appeal, the chair of the FAC (Chair) shall within two (2) days verify the Notice of Charge with the Director of HR as well as that the appeal was received within the time limit as specified in part (a).
3. Within three (3) days of receiving the employee appeal, the Chair shall notify the faculty member (appellant) of the five members on the FAC who will hear the case.
4. The appellant may challenge any member of the panel on the basis of a conflict-of-interest, such as a current or past relationship, which might lead to the appearance of bias on the part of the committee member. Such a challenge shall be submitted in writing to the Chair, with clearly stated reasons why such a conflict exists, within two (2) days of receipt of the names of the committee members hearing the case.
5. The Chair and Vice-Chair shall evaluate the possible conflict of interest, make a decision whether the committee member shall serve, appoint an alternate if necessary, and notify the affected parties within three (3) days of receipt of the objection.
B. Appeal Step 2
1. Within ten (10) days after the Chair receives the written appeal, he/she reviews the appeal to ensure it contains the required information as detailed in Appeal Step 1.
2. Once the Chair has confirmed review of the appeal by the notifying the appellant and the College, the College has three (3) days to provide any additional materials.
3. The Chair shall provide the appellant with a copy of the complete appeal containing the College’s materials as well as the original materials provided by the appellant.
C. Appeal Step 3
1. Within ten (10) days following the completion of Appeal Step 2, the Chair convenes the hearing.
2. At least two (2) days before the hearing, each party shall provide the committee and the other party with the information listed below.
a. List of intended witnesses, or a statement that no witness will be called.
b. A signed statement from an absent witness.
3. Any documents introduced after this time should be approved by the panel.
4. The hearing procedures are listed below:
a. The appeal hearing is closed to the public.
b. The College has the burden of demonstrating adequacy of cause based on the evidence in the record.
c. Neither the Rules of Evidence nor the Rules of Civil Procedures shall apply to the hearing.
d. The panel may exclude unfair, irrelevant, or duplicative evidence but will not be bound by judicial rules of evidence.
e. The College and the faculty member are entitled to have up to two representatives of their own choosing present for counsel and support during the hearings. One of these representatives must serve as the designee. Only the designee and/or the appellant (respondent) may speak, address the hearing panel, or question witnesses at the appeal proceeding. Representatives or witnesses who become disruptive may be removed and dismissed from the proceeding by the Chair.
f. Witnesses will be sequestered.
g. An audio recording of the proceeding will be made by Human Resources and is kept on file in the Human Resources Office for one year.
h. The hearings schedule/agenda is as follows:
1. Respondent and Appellant shall both be allowed to make an opening statement.
2. Respondent present reasons for terminations.
3. Appellant present responses.
4. Both parties may present summations.
D. Appeal Step 4
1. After the conclusion of the hearing, the panel shall meet for closed deliberations as to whether the termination of the employee should be upheld. The panel shall review all of the information presented before and during the hearing by both the appellant and respondent. All decisions of the panel shall be by majority vote, the Chair voting in case of a tie. The Chair shall issue a written statement explaining the reasoning for the committee’s decision to both parties as well as executive administration within five (5) days of the hearing.
2. The hearing panel shall provide a recording of the hearing to both the appellant and respondent within three (3) days of the written decision.
E. Appeal Step 5
1. The College President, Vice Presidents and the HR director shall review the findings of the hearing panel and have the option to uphold its recommendation or oppose it. The administration shall issue a written statement to the appellant notifying them of their decision within two (2) days.
2. In the event that the administration decides to reinstate the appellant, the faculty member shall resume their position within two (2) days of the decision and shall receive any pay he or she would have received if the dismissal had not taken effect.
F. Appeal Step 6
1. In the event that the recommendation of college administration upholds the termination, the faculty member may appeal the decision to the SJC Board of Trustees (Board) by submitting a written request to all Board members within two (2) days of receipt of the administration’s decision.
2. The Board has the option to hear the appeal or not.
3. If the Board chooses not to hear the appeal, the Board should notify the faculty member and the administration of this decision in writing.
4. If the Board chooses to hear the appeal, such an appeal shall be ruled upon by the Board based on the record of the appeal process including the hearing. The Board shall notify the faculty member and the administration, in writing, of its decision with respect to the appeal.
5. In cases where the Board overturns a decision to dismiss a faculty member, the faculty member shall resume their position within two (2) days of the decision and shall receive any pay he or she would have received if the dismissal had not taken effect.
6. If the Board of Trustees does not review the appeal within fifteen (15) days, then the appeal automatically may be considered for arbitration.
G. Appeal Step 7
In the event SJCEA is not satisfied by the administration and/or Board’s decision, they may appeal the decision to an independent arbitrator (Arbitrator). If SJCEA decides not to appeal the decision to the arbitrator, the faculty member may still, at their own expense, appeal the decision to the arbitrator. This written appeal must be filed within six (6) days from the receipt of the Board’s written decision.
1. Within five (5) days following appeal to Arbitration, the parties (representatives from the College Administration and SJCEA) shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexico.
2. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (5) days of receipt of the list by both parties.
3. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator’s decision shall be final and binding.
4. The Arbitrator’s decision will be in writing and will set forth the Arbitrator’s finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Board, the appellant, and SJCEA.
5. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the College and SJCEA. All other costs will be borne by the party incurring them. If the appellant is not represented by SJCEA, the College may require that the appellant post the party’s share of the expenses in advance of the hearing (An average of prior shared arbitration costs.)
6. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
7. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than five (5) days following receipt of the decision.
8. In cases where the Arbitrator overturns a decision to dismiss a faculty member, the faculty member shall resume their position within two (2) days of the decision and shall receive any pay he or she would have received if the dismissal had not taken effect.
ARTICLE 32
LEAVE AND HOLIDAYS
1. General Statements
San Juan College has established leave programs that provide certain faculty paid time off for their accrued annual and sick leave, paid or unpaid leave in accordance with the Family Medical Leave Act (FMLA), and other leave programs to include Sick Leave Bank, Sabbatical Leave, Jury and Court Duty Leave, Bereavement Leave, Political Duty Leave, Parental Leave, Military Leave, Domestic Violence Leave and recognition of Holidays may be provided for faculty, if approved through formal process.
2. Annual Leave
A. Individuals eligible to receive annual leave:
1. Twelve (12) month Faculty who work 30 or more hours per week.
2. Regular full and part-time faculty are not eligible for the annual leave benefit unless otherwise specified in this section.
3. Requests for leave are granted by the immediate supervisor or appropriate Dean and the faculty member with primary consideration given to the requirements of the department and the position. The appropriate Dean may establish periods during which no annual leave may be taken.
4. To accrue annual leave each pay period, eligible faculty must work or be on approved paid annual or sick leave at least sixteen (16) work days out of the month. If allowed to accrue annual leave, grant-funded positions must follow College annual leave accrual and payment policies and protocols. 12-month faculty accrue annual leave at the following rates:
5. Leave accrual is pro-rated for full-time faculty working between thirty (30) and forty (40) hours per week. Unused annual leave balances may not exceed 240 hours. Faculty may view their leave balances via the appropriate software.
B. Requests
Requests for annual leave are submitted via the appropriate software and require supervisor approvals. Requests should be initiated at least one week (five business days) prior to ensure compliance and approval processing. Annual leave should be requested in no less than 1/4-hour increments. Requests for advancement of un-earned annual leave shall not be approved.
Supervisors may establish periods during which annual leave is not allowed; generally to allow departmental functions to continue without interruption. It is recommended that no more than ten days of annual leave be approved at any one time. Exceptions can be made with supervisor approval.
While annual leave is regularly approved, the College reserves the right to approve or deny annual leave requests in accordance with College and departmental needs. It is recognized that in certain emergency situations, faculty may not be able to request leave in advance and supervisors should give such requests fair and reasonable consideration.
If faculty do not have enough paid annual leave or take unapproved leave, the time is considered leave without pay with supervisor approval.
C. Notification of Annual Leave Accrual
On July 1, the beginning of the fiscal year, any accrued leave in excess of 240 hours will be forfeited, and the employee’s leave balance will reset to 240 hours. Faculty are responsible for ensuring they use excess leave prior to July 1, and may view their leave balance at any time using the appropriate software system.
D. For Unused Annual Leave
Upon separation from employment, (including retirement or transfer to an ineligible position) payment for unused annual leave is limited to 240 hours (30 days). Payment is based upon salaries at the time of separation and is paid, in full on the faculty’ last pay periods. Faculty who do not provide sufficient written notice of separation are not eligible to receive payment for unused annual leave.
In order to provide the Institution with sufficient time to ensure a replacement and coverage of duties, faculty must be working and not out on accrued leave for at least two-thirds (2/3) of the working days they are required to provide a minimum of thirty (30) days written notice.
In the case of death, the maximum payment for unused leave is 416 hours (52 days). Payment is made in full to the employee or their beneficiaries, on the first regular pay period following formal notification.
E. Transferring Annual Leave
Faculty’s annual leave balances move with them from one department to another. Annual leave cannot be forfeited as a disciplinary action, nor can it be transferred from one employee to another.
3. SICK LEAVE
A. Full-time faculty are eligible to accrue paid sick leave on a semi-monthly basis in accordance with payroll dates. To accrue sick leave each pay period, faculty must work or be on approved paid annual or sick leave at least sixteen (16) College work days out of the month. Sick leave is not credited on a pro-rated basis for partial months worked.
B. Requests
Requests for sick leave are submitted via the appropriate software and should be initiated within 24 hours after returning from the absence. Sick leave should be requested in no less than 1/4-hour increments. All sick leave must be approved by Deans.
Faculty should contact the Dean and the School Operations Coordinator as early as practical, and prior to a class taking place so that coverage for the class may be obtained, or the class can be cancelled if coverage cannot be obtained. Deans may, in their discretion, request an alternative learning experience for students to be scheduled. Sick leave should be reported whether or not coverage is obtained.
Faculty must report any unplanned absences due to illnesses or injuries to their immediate supervisors by the start of their work shifts. Deans have discretion to take emergency situations into account if faculty are unable to call before the start of their shifts. Departments may have additional specific provisions regarding call-in procedures for their respective areas. Failure to follow College and department protocols to report absences and request sick leave may be cause for denials of the leave and/or disciplinary actions.
Time off due to personal illnesses or injuries (including disability due to pregnancy and childbirth), prescheduled medical appointments, and other related medical conditions may be charged to sick leave.
Absence from work to care for an ill or injured member of one’s immediate family may also be charged to sick leave. For purposes of this policy, immediate family members may be natural, step, adopted, or foster, and includes spouses and domestic partners, children, grandchildren, parents, grandparents, and siblings.
If faculty members do not have enough accrued sick leave, annual leave will be used or the time is considered leave without pay.
Requests for advancement of unearned sick leave will not be approved. Leave without pay may be charged for any illness related absence in which there is insufficient accrued leave.
C. Request For Physician's Statement
The College reserves the right to require physicians’ statements. It is recommended at any time abuse of sick leave is suspected. Abuse of sick leave is defined as the improper or excessive use of sick leave hours. Abuse of sick leave is grounds for dismissal. Deans may also request physicians’ statements certifying the necessity for sick leave for absences longer than three (3) days.
D. Transferring Sick Leave
Faculty sick leave balances move with them from one department to another. Sick leave cannot be forfeited as a disciplinary action nor can it be transferred from one employee to another outside of the sick leave bank.
4. Sick Leave Bank
A. The College maintains a sick leave bank to benefit regular (benefitted, non-temporary) faculty who meet requirements and suffer catastrophic injuries or illnesses or debilitating condition that affects mental or physical health which prevents them from working and requires the services of licensed physicians for prolonged periods of time. The sick leave bank was established to alleviate the hardship faculty may encounter after exhausting all accrued annual and sick leave but who continue to require time off. Requests to utilize the sick leave bank should document illnesses or injuries that prevent the employee from working for continuous periods of at least 10 work days and forces the faculty to exhaust all accrued annual and sick leave and to lose compensation.
B. Membership(Open Enrollment)
1. There are two ways to join the sick leave bank:
A. New faculty are enrolled during the onboarding (new employee orientation) period unless they choose not to participate.
B. Existing faculty may join through an annual open enrollment period if they are:
i. In good standing with a history of average or above average performance ratings without written records of disciplinary actions for leave abuse or misuse of leave within the past 12 months.
ii. Actively employed in regular positions earning sick leave.
All faculty should maintain sufficient leave balances to cover occasional absences due to illnesses, injuries, or disabilities as certified by physicians.
Faculty contribute 16 hours of sick leave upon joining the bank. The contributed hours are subtracted from their individual sick leave balances by increments of two (2) hours per pay period until the full 16 hours is acquired. Faculty may contribute up to 80 sick leave hours every year during the Sick Leave Bank open enrollment period in the spring.
To contribute sick leave hours to the Sick Leave Bank, faculty complete Application for Membership in Sick Leave Bank form, and submit the form to the Bank Manager. New faculty can elect to participate in the Sick Leave Bank during On-Boarding. Current faculty may elect to participate in the Sick Leave Bank during Sick Leave Bank Open Enrollment each spring.
Faculty may not stipulate or direct who is to receive the donated sick leave hours nor are they entitled to refunds if they have a reduction in full time equivalent, terminate, transfer, or do not request the use of hours from the bank. Retirees and faculty who terminate their employment are not eligible to donate their remaining sick leave balances to the bank.
C. Use
Only members of the sick leave bank may request hours from the bank for their serious personal disability, illness, accident, or injury. Faculty may request time from the bank only after exhausting their individual accrued annual and sick leave balances. While utilizing hours from the sick leave bank, faculty do not accrue annual and sick leave.
Faculty must complete and submit the “Request for Sick leave from the Sick Leave Bank” forms, with proper documentation such as medical certifications, to the Bank Manager, who is typically the Benefits Manager. If necessary, secondary certifications may be requested from medical providers chosen by, and paid for, by the College.
When absences meet the Family Medical Leave Act (FMLA) eligibility criteria (as determined by Human Resources), the approved absences are counted toward the faculty’ FMLA entitlements.
All College faculty and supervisors involved in this process are required to maintain strict confidentiality and refrain from sharing medical information.
Incomplete requests are canceled if the requested complete information is not received within 20 days from the dates of requests.
If approved, medical updates are required every 30 days, unless otherwise indicated. Failure to submit required medical updates may result in delay or loss of bank benefits.
Any unused balance of sick leave bank hours returns to the bank when the employee returns to work. Faculty utilizing leave from the Sick Leave Bank who return to work on a part-time basis are not eligible to continue on bank leave to make up the difference between their part-time employment and regular full-time employment. Sick leave bank awards immediately stop once the catastrophic medical conditions for which it was granted ceases.
Leave time granted is considered wages and subject to social security, Medicare, FUTA taxes, federal income tax withholding, and ERB withholding rules.
D. Limitations on Use
There are some limitations on the use of leave from the sick leave bank which include the following:
1. Faculty may not use sick leave bank hours in conjunction with workers’ compensation injuries or illnesses.
2. Elective surgery does not qualify as a catastrophic illness or injury. If complications arise resulting in a serious health condition, the situation may qualify as a catastrophic illness or injury.
3. A routine pregnancy is not considered a catastrophic illness or injury. If complications arise resulting in a serious health condition for the mother, the situation may qualify as a catastrophic illness or injury.
E. Denial
All denials are provided in written format and the Bank Manager meets with the faculty and their supervisors to discuss the decisions.
To appeal, faculty must submit in writing a letter and supporting documentation to the Associate Vice-President of Human Resources. The appeals should include thorough explanations of the original requests and reasons why the requests should be reconsidered. The Associate Vice-President of Human Resources will make recommendations to the appropriate Vice-President, or if the employee falls under the direct lines of authority of the President, the Executive Vice-President, who shall make the final determination.
F. Abuse or Misuse
Human Resources investigates any alleged abuse or misuse of sick bank leave. If warranted, faculty may be required to reimburse all sick bank leave, lose membership, and/or be subject to disciplinary actions.
G. Canceling Membership (Withdrawal)
To cancel participation, faculty should submit letters to the Bank Manager. Faculty forfeit all donated leave hours.
H. Exceptions
As of July 1, 2013, the College has provided exceptions for regular faculty in good standing who do not meet eligibility requirements for membership in the sick leave bank. These exceptions are at the discretion of the College President based upon review and recommendation by the Bank Manager.
Supervisors, deans, directors, or other College faculty may, on the behalf of the ill or injured faculty, request sick bank leave assistance. The requests should document illnesses or injuries that prevent the faculty from working for continuous periods of at least 10 calendar days and forces the faculty to exhaust all accrued annual and sick leave and to lose compensation.
I. If needed, the President may request additional donated hours for the sick leave bank to provide coverage for these exceptions. Any donated leave hours is managed separately within the bank and used only at the President’s request.
5. Family and Medical Leave Policy (FMLA)
A. In accordance with the Family and Medical Leave Act of 1993 (FMLA), for eligible faculty, the College provides up to twelve (12) workweeks of unpaid, job-protected FMLA leave in a 12-month period for any of the following:
1. Incapacity due to pregnancy, prenatal medical care or child birth.
2. To care for the employee’s child after birth, or placement for adoption or foster care (within 12 months of the birth or placement).
3. To care for the employee’s spouse, same-sex or domestic partner, son, daughter, or parent, who has a serious health condition.
4. To take medical leave when the employee is unable to work because of a serious health condition; or
To address certain qualifying exigencies when a spouse, son, daughter or parent is on covered active duty or called to covered active duty status. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
5. To care for a service member with a serious injury or illness, faculty are granted a total of twenty-six (26) work weeks of unpaid FMLA leave during a “single 12-month period”. The leave is limited to care for a spouse, son, daughter, parent, or next of kin who is a current member of the armed forces, including the National Guard or Reserves.
B. Family leave provisions apply equally to all faculty, regardless of gender.
C. FMLA leave time must be taken all at one time but, under some circumstances (birth or care, or placement for adoption or foster care), FMLA leave may be taken intermittently as approved by Human Resources and the appropriate Vice-President, or if an employee falls under the lines of authority of the President, the Executive Vice-President.
D. Eligibility for FMLA
Have worked at least 1,250 hours during the previous 12 months in a regular (budgeted, non-temporary) or temporary position.
Faculty must provide supervisors and Human Resources at least 30 days advance notice before FMLA leave begins. If unable to provide a 30 calendar day notice, faculty must comply with the departmental call in procedures and provide notice as soon as possible.
Faculty requesting FMLA leave are required to first utilize all accrued annual and sick leave and the College may designate annual leave or sick leave as FMLA leave. If faculty do not have enough paid leave to cover the entire 12 weeks or requested periods, the remaining time is considered leave without pay.
The College and faculty (if participating in health insurance programs) continue to pay their respective portions of health insurance premiums during all FMLA leave periods. If the faculty member fails to return from FMLA leave, the College may be entitled to recover the insurance premium paid by the employer consistent with the requirements of the FMLA Act.
The College may require certifications of serious health conditions for faculty or the appropriate family members. Faculty must provide such certifications in a timely manner. Certifications must include the dates on which the serious health condition(s) in question began, the probable duration of the condition(s), appropriate medical facts regarding the condition(s), statements that the employee is needed to care for the individuals, and the dates and durations of expected treatments. Supervisors, in conjunction with Human Resources, may require second or third medical opinions (at the expense of the College) and periodic re-certifications of serious health conditions. All medical information is retained in a confidential manner.
Faculty returning from FMLA leave provide notice of their intent to return to work from FMLA leave two weeks should prior to the end of their FMLA leave period and provide the College with certification from their healthcare provider that the employee is able to resume work. On a return to work by an employee from FMLA leave, the College will return that employee to their prior position, if available, at their prior wage rate, or if that position is not open, the College will return the employee to an equivalent position at an equivalent wage rate and benefits to the position they had at the commencement of the FMLA leave.
6. SERIOUS ILLNESSES
Faculty members with serious illnesses such as, but not limited to, cancer, heart disease, or HIV may continue working if it is determined by their supervisors and campus executives that these faculty are able to meet acceptable performance standards and medical evidence is provided which indicates that their conditions are not a threat to themselves or others. Existing employee policies and protocols related to leave, insurance, etc. are followed whenever faculty with serious illnesses are involved.
Faculty must obtain releases from their doctors stating any limitations and that working at their assigned positions will not be detrimental to their health or the health and safety of others. Supervisors should be sensitive to the faculty’ conditions and ensure that they are treated consistently with other faculty as provided in the Federal Rehabilitation Act of 1973, and the Americans with Disabilities Act, 1989. Supervisors and the appropriate Vice-President or if an employee falls under the lines of authority of the President, the Executive Vice-President may at any time require faculty to provide updated doctor's statements for the purpose of determining the faculty’ ability to perform the duties of their positions.
Faculty with HIV or other communicable diseases will be permitted to work unless their personal physicians or state/federal public health officials declare that the diseases represent substantial risks to the health and safety of others. In such instances, appropriate measures will be taken to protect the College, faculty, students, and public.
An employee's medical condition is personal and confidential and reasonable precautions should be taken to protect the information on an employee's medical condition. Only a demonstrated "need to know" basis is justification for releasing such information. Human Resources and the appropriate executive will meet with any individual requesting information related to an employee’s medical condition. If Human Resources and the appropriate executive determine there is a need to release medical information, they will contact the employee to advise he/she that the information is being shared.
Faculty who refuse to work with co-workers with serious illnesses will be counseled and given applicable information. Continued refusal by faculty to work with co-workers who have serious illnesses may result in corrective or disciplinary actions.
7. Sabbatical Leave for Faculty
A. Purpose
Maintaining quality educational programs provided by faculty current in their fields is essential to the mission of San Juan College. This serves the college mission of student success and completion by supporting revitalization for college faculty members. Sabbatical leave enables faculty members to engage, or re-engage, in study, research, writing, creative work, and collaborations that will rejuvenate their teaching and professional effectiveness.
B. Eligibility
Faculty members who have completed seven or more years of full-time, continuous service at San Juan College, or who have served for seven years following the completion of a previous sabbatical leave, are eligible to apply for leave.
C. Criteria
General criteria for the award will include the applicant’s service to the college and evidence that the sabbatical will provide renewal or experience which will enhance faculty member’s contribution to the college. A letter of support from the applicant’s dean should include verification that the college will be able to reallocate faculty workload during the proposed sabbatical.
D. Process
An applicant must initiate the sabbatical leave process with his/her dean or immediate supervisor. Sabbatical applications are posted on the college intranet under the Office of Learning.
The proposal must contain the following items:
1. Applicant name.
2. Eligibility (years of service at SJC and/or years since last leave).
3. Semester leave is requested (fall, spring, or both).
4. Outline of proposed course of study or professional activity to be undertaken during leave.
5. Major goal to be achieved as a result of the leave.
6. Benefit to the college from this leave.
7. Plan for reallocation of work in applicant’s school or department
8. Brief resume/vita which demonstrates evidence of the applicant’s professional development and overall performance at the college.
9. Other information to strengthen the application, e.g. acceptance into a program of study or work, other letters of recommendation, results from a previous sabbatical leave.
E. Timeline
1. October 15. Applicants submit completed proposals to their deans or supervisors.
2. November 1. Deans or supervisors forward all proposals with their recommendations to the Faculty Leave Committee.
3. December 1. The Faculty Leave Committee forwards all proposals to the Vice President for Learning for final approval. The committee will submit their recommendations on each proposal and an overall ranking of applications to the Vice President for Learning.
4. January 15. The Vice President for Learning notifies, in writing, all applicants and their deans/supervisors of the decisions on the sabbatical proposals. Applicants whose proposals are not successful will receive justification for denial and, when appropriate, recommendations for improvement.
F. Compensation
Faculty members who are granted sabbatical leave will be compensated in the following manner:
1. Fall semester at full pay at the faculty member’s contracted rate, or
2. Spring semester at full pay at the faculty member’s contracted rate, or
3. Fall and spring semesters at one-half pay at the faculty member’s contracted rate.
It is not intended that an individual should accept other full-time employment during the period of sabbatical leave, because an individual on sabbatical leave continues to be employed in their current position by the College. An employee on sabbatical leave may accept a grant for study, research or travel from an institution of higher education or from a charitable, religious or educational corporation or foundation, from any business enterprise, or from any state, federal or local government, but may not accept any employment that violates the Outside Employment Article in this document.
All benefits are retained and leave recipients receive any pay increase that may occur during the sabbatical period.
G. Responsibilities
Sabbatical recipients must:
1. Sign a contract encompassing the compensation requirements and responsibilities contained herein.
2. Submit a written report and present results to their Dean or supervisor and the Vice President for Learning upon return to the College within six months of return from leave.
8. Jury Duty and Court Leave
Faculty called for jury duty are excused, with pay, from work on the days or portion of the day assigned to jury; the time is not charged to annual leave.
College faculty, as all citizens, have the right, and on occasion, the obligation, to serve as expert witnesses in courts of law. As such, they are not representatives of the College, but are acting as private citizens. Their conduct and court appearances as private citizens should, however, reflect well upon the College. Faculty must inform their supervisors prior to any such appearances.
Faculty subpoenaed or serving as individual witnesses, rather than in official College capacity, are charged annual leave. Faculty may retain any compensation received from third parties for such services. Faculty subpoenaed or serving as witnesses in an official College capacity (representing College interests), are granted leave with pay.
9. Bereavement Leave
Faculty are allowed leave, not to be counted against annual or sick leave, of up to four (4) consecutive working days, in the event of the death of immediate family members.
“Immediate family members” means spouses, children, parents, grandparents, grandchildren, brothers, sisters, aunts, uncles, nieces, nephews, daughter/sons-in law, father/mothers in-law, sister/brothers in-law, and legal guardians.
Faculty are also allowed to take one (1) additional day of sick leave in the event of the death of immediate family members, as defined by this section. Any leave time requested beyond four days bereavement leave and one day of sick leave is taken as annual leave.
10. Leave Without Pay
Faculty may be permitted to be on leave without pay (LWOP) status after all accrued annual and/or sick leave is exhausted, upon approval by the Supervisor. During LWOP status faculty do not accrue annual or sick leave. Faculty on LWOP status for a period longer than 5 working days must be approved by the appropriate Vice-President or if the employee falls under the direct line of authority of the President, the Executive Vice-President.
For faculty on LWOP status due to the employee’s medical necessity:
The costs of benefits continue to be shared between the employee and the College for a period not to exceed one (1) year, or until such time as the employee is on long-term disability, whichever comes first. After that time, the employee is responsible for 100% of the cost of benefits.
For faculty on LWOP status due to a non-medical reason affecting the employee:
The costs of benefits continue to be shared between the employee and the College for a period not to exceed ¬thirty (30) days. After that time, the employee is responsible for 100% of the cost of benefits.
Faculty in LWOP status will need to make arrangements with the Business Office to pay their portion of monthly insurance premiums.
Faculty absent from work without proper voluntary approval, for a period of three (3) consecutive working days, are deemed to have resigned their employment at the College. If subsequent investigation and information reveals extenuating circumstances, with appropriate supervisor and appropriate Vice-President or Presidential designee approvals, faculty may use annual, sick, or leave without pay for the days absent.
Leave without pay will not be assessed in less than 1/2 hour increments.
11. Holiday Leave
Holidays Observed Except as may be otherwise approved by the Board, the following shall be the College holiday schedule:
1. Martin Luther King Day (One day)
2. President’s Day (One day)
3. Memorial Day (One day)
4. Independence Day (One day)
5. Labor Day (One day)
6. Thanksgiving Break (Five days)
7. Winter Break (Fifteen days- Inclusive of New Year’s Day)
8. Spring Break (Five days)
Human Resources notifies faculty of the approved holiday schedule for each calendar year.
12. Religious Leave
The college will provide a reasonable accommodation to faculty for religious observances according to Title VII of the Civil Rights Act of 1964.
13. Procedures for Absence from Assigned Responsibilities by Participating in Local, State, National Activities of a Political Nature
Each employee of San Juan College has the privilege of participation in political as well as other community activities.
A San Juan College employee will at all times indicate that comments, actions, and/or statements are his/her own and in no way represent San Juan College officially.
When election to a position results in the employee taking leave for a period of time considered excessive, the employee will be asked to take leave without pay.
14. Military Leave
College faculty called to military duty are excused for the period of time they are actually involved in active duty in the Armed Services of the United States military and other uniformed services specified below. This paid leave will not exceed fifteen (15) College work days in any one calendar year.
Only regular faculty on active duty in one of the following uniformed services are eligible for military leaves of absence: Armed Forces of the United States, defined to include Army, Navy, Air Force, Marine Corps, Coast Guard and their reserve components; U.S. Public Health Service; and the New Mexico National Guard.
The following types of active military duty qualify for military leaves of absence:
1. Annual duty for training (required participation by National Guard or Reserve Unit)
2. Local or national emergency (faculty’ units are activated for local emergencies as declared by the President of the United States or the Governor of New Mexico)
3. Special training (voluntary duty for special training purposes)
Military leaves are granted to eligible faculty upon presentation to the appropriate Vice-President or if an employee falls under the direct line of authority of the President, the Executive Vice-President, of official military orders or other evidence indicating that the faculty are entering required active military duty. Requests for voluntary duty are evaluated and approved on a case-by-case basis by the appropriate Vice-President. Notifications of requests for military leave should be made in a timely fashion in consideration of work duties in the faculty’ absences.
Military leaves are paid at the faculty’ straight-time rates and only for the workdays the faculty would normally be scheduled to work.
Military leaves begin on the first working day absent and terminate on the last calendar day required as evidenced by the military orders.
Military leaves without pay may be granted for reasons other than those specified above.
15. Reservist Called To Duty
The College holds open the positions of reservists called to active duty pursuant to United States Presidential orders or who volunteer for emergency active duty for a minimum of four (4) years (five (5) years if service is extended at the request and convenience of the federal government.) The College restores reservists to their former positions with full seniority or positions offering the same ranks, pay and seniority upon return from active duty. Reservists must return to work and within 90 days after release from active duty.
College faculty who are military reservists and National Guard members are not, by law, required to provide their employers with notice when leaving for active duty. However, if possible, notices should be given to immediate supervisors, either personally or through another’s (family members, etc.) contact.
During active duty, the reservists do not receive their College pay, but may continue medical, life, and/or dental benefits. For service less than 30 days, the reservists need to make arrangements with the Business Office and Human Resources to ensure payment of insurance premiums on the same basis as other faculty, and in accordance with the share of insurance premium they are responsible, dependent upon the employee’s salary. For service in excess of 30 days, the reservists need to make arrangements with the Business Office to ensure monthly payments of 100% of the benefits premiums. Uniformed Services Employment and Reemployment Rights Act 1994.
16. Domestic Violence Leave
Faculty who are victims of domestic violence are allowed up to 14 days of accrued paid leave or leave without pay per year. Faculty must notify their supervisors within 24 hours of beginning the leave or must provide as much notice as possible based on the circumstances.
Faculty must provide their supervisors verification of the leave. The verification may be copies of: police reports, protection orders, or other court evidence or written statements from their attorneys, district attorney’s victim advocates, or prosecuting attorneys. The reason/incident for leave must be kept confidential.
Faculty continue to receive pay (unless on unpaid leave), health insurance, and other benefits.
ARTICLE 33
AUTHORIZED SIGNATURES AND ATTEST
IN WITNESS WHEREOF, the parties have executed this Agreement on this ____ day of _____________________, 20____.
SAN JUAN COLLEGE
Dr. Toni Pendergrass, President
San Juan College
Joe Rasor, Chairman
San Juan College Board of Trustees
R. Shane Chance, Secretary
San Juan College Board of Trustees
SAN JUAN COLLEGE EDUCATION ASSOCIATION
Gerald Williams, SJCEA President and Co-Lead Negotiator
Dr. Andrea Cooper, Co-Lead Negotiator
John Hoff, Co-Lead Negotiator