Meet and Confer Issues Review and Resolutions

Review of Meet and Confer Issues and Resolutions2012 2013 Meet and Confer Team Faculty RepsFrank Wilson, Academic Faculty Rep, Co-ChairPat Lokey, Service Faculty RepKeith Heffner, Occupational Faculty RepEddie Genna, FEC Past President1AgendaIssue selection processInterest-based negotiationSalary progressionResidential/adjunct ratio (60:40)OYO usageProbationary faculty evaluationAdministrative evaluationConsistency, clarification, and clean up

2Meet and Confer Issue Selection Process3Issue Selection ProcessFaculty identify issuesEach senate picks top 3 college issues EIDGFCABHAdministrationidentifies issuesM&C Teamselects issues52AB1M&C faculty repsprioritize issues523461FEC recommends issues to M&C faculty reps4Planned TimelineAug 19 Aug 28: Faculty submit issue recommendations through online surveyAug 29 Sep 9: Senates prioritize issuesSep 10: FEC recommends issuesSep 11 - 20: M&C Team faculty prioritize issuesSep 23: M&C Team prioritizes faculty and administrative issuesSep March: Work issuesApril - May: Forums and ratification

5Interest-Based Negotiation6Interest-Based Negotiation (IBN) IBN is based on the theory that mutually satisfactory outcomes are more likely when the respective interests of negotiating parties are metFour Principles of IBN:Separate the people from the problemFocus on interests not positionsGenerate options for mutual gainInsist on objective criteria

Based on interests, not positions share story of positional approach

It is about the process, the policynot the person who brings it to the table (admin, psa, mat all ideas make it onto the list and then prioritized based on interests, not who presented it)

Options traditional brainstorming

Criteria how would we know a good idea if it hit us in the face7IssueNegotiated SolutionOptionsExperienceEvaluateImplementationHistory / InterestsResearchBetter than BATNAInterest-Based NegotiationAdapted from Sally Klingel, Interest-Based NegotiationCornell University, ILR SchoolCriteriaCommunication8Faculty Salary Progression9BackgroundFaculty salary progression is a core component of the strategy to attract and retain facultyFrom 1992-1993 to 2006-2007, steps were awarded in 14 of 15 years and a COLA was awarded in 13 of 15 years ranging from 1% to 6%From 2007-2008 to 2013-2014, steps were awarded in 2 of 6 years and a COLA was awarded in 5 of 6 years ranging from 0.5% to 3.0%The decision to award a step and/or COLA is made at the highest level of the organization10BackgroundHorizontal movement on the salary schedule is determined based on professional development activities and academic courseworkThe District has consistently funded horizontal movement on the salary schedule11BackgroundPrior to July 1, 2007, new hires were given salary placement credit for a maximum of 5 years prior teaching/occupational experienceAfter July 1, 2007, new hires were given salary placement credit for a maximum of 13 years of prior teaching/occupational experienceThe change in the placement policy coupled with the lack of steps in recent years has led to widespread salary inversion affecting hundreds of residential faculty

12Meet and Confer Work on Salary Inversion2010 2011: Raised issue and researched scope of the inversion problem2011 2012: Formed a task force and identified options; unable to reach consensus on a preferred option; significant budget concerns2012 2013: Tabled issue temporarily to see if Classification and Compensation Advisory Committee work would address the issue2013 2014: Faculty compensation will be a priority issue

13ObservationsSalary increases are no longer predictableSalary inversion is rampant and has had a significant negative effect on moraleThe current salary system is brokenOur ability to attract and retain faculty will be increased if we provide predictable salary progression over the life of a career14Next StepsA Faculty Compensation Task Force met during Spring 2013The Task Force recommended creating a market-competitive, equitable salary schedule that provides faculty the opportunity to progress economically over their careersThe Meet and Confer Team will be engaged in compensation dialogue during 2013 - 201415Residential/Adjunct Faculty Ratio16The ProblemBy basing the ratio on day FTSE only, the calculation fails to acknowledge the importance of evening/weekend programs and the importance of classes where credits and teaching loads differ from each other (e.g. labs). Although the percentage of day FTSE taught at the colleges varied from college to college, most colleges have had less than 90% of their day FTSE being taught by residential faculty for a number of years. Forward progress has been limited in part because additional financial resources needed to help colleges reach the ratio were not made readily available.Many colleges are out of compliance with 90:10 and lack the resources to comply with the policy.

17Residential/Adjunct Faculty Ratio Definition (RFP 1.2 (new))The residential/adjunct ratio is defined as follows:

where total load hours is the sum of residential and adjunct instructional load hours for the Fall and Spring semesters for the prior academic year (excluding Rio Salado). For this computation, residential overload hours and OYO/OSO instructional load hours are counted as residential load hours.

18Residential Faculty PositionsCurrent5.2.1. Residential Faculty authorized positions at any college are based on day full-time student equivalents (FTSE), from the 45th-day count of the preceding fall term . . . This is converted to full-time teacher equivalents (FTTE) on the basis of a fifteen (15.0) credit load. 5.2.2. The individual colleges (except Rio Salado), during the day program, shall be staffed at 90% of the projected enrollment with Residential Faculty . . . Proposed5.2.1. Residential Faculty authorized positions at any college are based on total instructional load for the most recently completed Fall and Spring semesters in the same academic year. Load is converted to full-time teacher equivalents (FTTE) by dividing total instructional load by 30. 5.2.2. At the individual colleges (except Rio Salado), a minimum of 60% of the total instructional load shall be taught by Residential Faculty . . .

19Res/Adj Ratio (Fall 2011)

20Benefits of Proposed PolicyThe 60:40 ratio is based on total instructional load (day, evening, weekend) not day FTSE. This acknowledges the importance of all instructional offerings (regardless of time of day) and more appropriately acknowledges the work of faculty teaching classes where credits and teaching loads differ. The district administrative leadership has committed to infuse significant financial resources over the next 8 - 10 years to increase the number of residential faculty at each of the colleges to attain. For 2013-2014, the District allocated 32 new faculty lines. 21Benefits of Proposed Policy Residential faculty add value through:Academic leadership - residential faculty are the backbone of the instructional environment for students. Residential faculty oversee the curriculum and collaborate with other faculty and staff in implementing educational best practices that enhance the learning environment for students.Student retention through engagement - Residential faculty engage students outside of the classroom and thereby build the relationships and connections to the colleges that contribute significantly to the achievement of student goals. Workforce stability - In contrast to adjunct faculty, residential faculty turnover is limited and rarely occurs mid-semester.22Service Faculty RatioThe 60:40 ratio is based on instructional load. Although load-bearing courses being taught by service faculty are counted as a part of the ratio, other professional activities of service faculty are not related to the instructional load calculation. The Meet and Confer team is working to identify a separate ratio for service faculty (not based on instructional load). The Counseling IC and the Library Department/Division Chair Council recommended FTSE/faculty ratios for the Meet and Confer Team to consider. We anticipate that the Meet and Confer Team will recommend a service faculty ratio in Fall 2013 for inclusion in the 2014-2015 RFP.

23One-Year Only Faculty 24RationaleFaculty have expressed concern regarding the perceived misuse of OYO faculty positions. The proposed language:helps ensure appropriate and limited usage of OYO/OSO by colleges.maintains the 3-year (6-semester) limit for use of OYO faculty

25CurrentNo clear limitations on OYO/OSO usages, except length of time (3 yrs)

After three (3) consecutive one-year-only contracts for the same assignment at the same college have been completed, and if the position is to be continued, the District will recognize a need for a Residential Faculty position and will fill said position adhering to current hiring policy. Exceptions to this are positions for sabbatical replacement, leaves of absence, or temporary reassignments. (RFP 2.11.6.1.)ProposedSignificantly limits usage of OYO/OSO faculty to the following:Backfill for employment leave (sabbatical, reassignment)Launch of a new program (limited to six semesters)Backfill vacated faculty line when insufficient time to perform competitive searchBackfill for faculty line when search failsProvide time for college to enter appropriate hiring cycleExceptions to the above must be approved by VCHR(RFP 4.12. (Proposed))26Probationary Faculty Evaluationa.k.a.Peer Assistance and Review (PAR)

27Peer Assistance and Review Where did the issue come from?This probationary faculty evaluation issue has been raised multiple times over the past several years through the meet and confer processIn 2012-2013, the M&C Team agreed to work the issue Why does it make sense to address the issue?The existing process does not reflect the rigor of most peer-reviewed processes in practice and, consequently, does not adequately protect tenure

28Peer Assistance and ReviewWhat are the benefits of the new PAR process?Provides probationary faculty with a rich and rewarding professional growth experience and allows them to highlight their contribution to the college and districtAllows appointive faculty to engage in meaningful peer review of probationary facultyProvides additional protections for probationary faculty being considered for non-renewalEnhances the perceived value of residential faculty in the eyes of decision makers

29Current PurposeTo improve teaching effectiveness and to advise Faculty members regularly and specifically of their strengths and weaknesses, progress, and overall status (RFP 3.5.1.)

Proposed PurposeProvide significant professional growth and development of the Probationary Faculty member in an environment of support and encouragement (RFP 3.5.1 (Proposed))

30Current ProcessProbationary Faculty member completes self-evaluation (FEP) in three required and two elective areas. Teaching, service, and professional development are among the areas that may be chosen (RFP 3.5.3.)

Proposed ProcessFaculty Evaluation Plan (FEP) Committee consists of the Probationary Faculty member and two other members selected by the Probationary Faculty (may be all faculty) (RFP 3.5.4.)Probationary Faculty member completes Individual Development Plan (IDP) in three required areas: instruction, service, professional development (RFP 3.5.2. (Proposed))

Peer Assistance and Review (PAR) team consists of the Probationary Faculty member and 2 - 3 other members. Of these, 1 - 2 members will be chosen by the Probationary Faculty. The final team member will be the Faculty Developer or a colleague, Dept/Div Chair, or instructional administrator selected by consensus of Senate President and appropriate VP (RFP 3.5.3. (Proposed))31VP or designee and Dept/Div Chair or designee evaluate teaching effectiveness of the Probationary Faculty member (RFP 3.6.1.). Students also evaluate the Probationary Faculty member (RFP 3.6.)VP or designee, Dept/Div Chair or designee, and students evaluate teaching effectiveness of the Probationary Faculty member. Faculty peer colleagues observe teaching and provide feedback. (RFP 3.5.2.1. (Proposed))

VP or designee and Dept/Div Chair or designee meet with the Probationary Faculty member to identify strengths and areas needing improvement, if any (RFP 3.6.)The Peer Assistance and Review team meets with the Probationary Faculty member to provide support and encouragement to the Probationary Faculty member in the development of the Individual Development Plan (IDP) (RFP 3.5.1. (Proposed), 3.5.5. (Proposed))FEP Committee reviews FEP, discusses FEP with Probationary Faculty, and signs FEP Summary Endorsement Sheet. (RFP 3.5.5.)Current ProcessProposed Process32Dept/Div Chair and Vice President or designee verify work performed and sign FEP Summary Endorsement Sheet (RFP 3.5.5.)The Peer Assistance and Review Committee (PARC), a team of four or more appointive faculty and the appropriate Vice President, reviews the IDP and recommends by consensus one of the following for Years 1 - 4: recommend renewal recommend renewal with concerns do not recommend renewalUpon review of the fifth IDP report of the Probationary Faculty member, the PARC will recommend one of the following: recommend for appointive status recommend for nonrenewal(RFP 3.5.4 (Proposed))The VP or Dept/Div Chair informs Probationary Faculty member of any deficiencies that may lead to nonrenewal(RFP 3.6.2., 3.12.2.1.)Current ProcessProposed Process33Chancellor may recommend nonrenewal of Probationary Faculty to the Governing Board upon advice of College President(RFP 3.12.1.)Appointive status is obtained after completing five years as Probationary Faculty (RFP 1.2.)The Probationary Faculty member is renewed or the College President advises Chancellor to nonrenew the Probationary Faculty member (RFP 3.6.2., 3.12.2.1.)Chancellor may recommend nonrenewal of Probationary Faculty to the Governing Board upon advice of College President(RFP 3.10.1.)Appointive status is obtained after completing five years as Probationary Faculty (RFP 1.2.)The Probationary Faculty member is renewed or the College President advises Chancellor to nonrenew the Probationary Faculty member (RFP 3.5.5. (Proposed), 3.10.2.1.)Current ProcessProposed Process34Peer Assistance and ReviewHow and when will PAR be implemented?The PAR implementation plan will be developed in collaboration with the Faculty Developers and other interested parties during Fall 2013 Spring 2014. A dialogue day will be held to allow faculty at-large to provide input regarding implementation. The Peer Assistance and Review (PAR) process goes into effect on July 1, 2014.

35Administrative Evaluation36Administrative EvaluationWhere did the issue come from?Identified in 2011 2012. Team decided to work in 2012 2013.Why does it make sense to change it?Has not been easily understood or implemented consistentlyCreates reasonable timelines for process and resolutionClarifies processes and outcomes thus maintaining a strong peer review component

37Unclear/unstated

(RFP 3.7.)

The purpose of this process is to evaluate the validity of a complaint against a Faculty member and, at the option of the College President or designee, to provide guidance as to appropriate action. This process should not be used to evaluate student claims of discrimination or student complaints involving an academic process.(RFP 6.4.1 (Proposed))

Current PurposeProposed Purpose38The College President, or designee, in response to a written, signed complaint from a student, Faculty member, or administrator, may initiate an administrative evaluation after advising the Faculty member; and, at the option of the Faculty member, will advise the Faculty Senate President. (RFP 3.7.1.)

The College President, or designee, in response to a written, signed complaint from a student, Faculty member, administrator, or staff, may initiate an administrative evaluation after advising the Faculty member within fifteen (15) accountability days of receipt of the complaint; and, at the option of the Faculty member, will advise the Faculty Senate President. (RFP 6.4.2 proposed)Current ProcessProposed Process39The evaluation team for an administrative evaluation shall consist of the (same)In no instance shall the Department/Division Chair of the evaluee or the Faculty Senate President serve on the evaluation team. The evaluee must secure the Faculty member and communicate acceptance to the College President or designee within seven (7) calendar days of notification of the Administrative Evaluation; otherwise, the Faculty Senate President will appoint a Faculty member within seven (7) calendar days after the failure occurs.RFP 6.4.3 (Proposed)The evaluation team for an administrative evaluation shall consist of the appropriate Vice President, a Faculty member chosen by the evaluee, and a Faculty member appointed by the College President, who may ask that this Faculty member be appointed by the Faculty Senate President. In no instance shall the Department/Division Chair of the evaluee serve on the evaluation team. RFP 3.7.2Proposed ProcessCurrent Process40Prior to the evaluation, the College President, in consultation with the evaluation team, will determine the nature and scope of the evaluation. The results of the evaluation will be discussed with the evaluee, the evaluation team, and, at the option of the evaluee, the Faculty Senate President. A report that explains the evaluation results will be placed in the evaluees official personnel file. The College President and the evaluee will receive a copy of this evaluation (RFP 3.7.3).Prior to the evaluation, the College President, in consultation with the evaluation team, will determine the nature and scope of the evaluation. The scope may be expanded to include recommendation for action to the College President. The evaluation process is confidential. Only the results of the evaluation will be discussed with the evaluee, the evaluation team, and, at the option of the evaluee, the Faculty Senate President. A report that explains the evaluation results will be generated within forty (40) accountability days from the receipt of the signed complaint and placed in the evaluees official personnel file (see also RFP 3.9.4. & 3.9.6.). The College President and the evaluee will receive a copy of this evaluation. By mutual agreement between the College President or designee, evaluation team and evaluee, the deadline may be extended.Proposed ProcessCurrent Process41The College President will have thirty (30) days from his/her receipt of the report to take any action deemed necessary based on the results of the evaluation.(RFP 3.7.4.)The College President will have 14 calendar days from receipt of the report to take any action deemed necessary based on the results of the evaluation.(RFP 6.4.5. (Proposed))Proposed ProcessCurrent Process42Code of EthicsTo make clear to all parties the professional responsibilities of faculty, a code of ethics adapted from the American Association of University Professors was recommended by FEC for inclusion in the RFP. The Meet and Confer Team agreed with the recommendation.43RFP Language RevisionsClarification, Consistency, Cleanup44Clarification, Consistency, Cleanup1.2 Definitions2.12 Affirm faculty role in shared governance5.3.1 Residential faculty assignments6 Renamed Conflict Resolution7 IBN becomes the method of Meet and ConferA.1. Faculty Professional Growth45Current Language1.2 Definitions:

Interest-Based Negotiation (IBN)No definition

Meet and Confer TeamNo definition

Proposed Language1.2 Definitions:

Added definitions

Rationale: The IBN process has been used for 2010-2011, 2011-2012, and 2012-2013 negotiations on a pilot basis. It is now being integrated into the RFP. 1.2 Definitions:

Residential/Adjunct Faculty RatioNo definition

1.2 Definitions:

Residential/Adjunct Faculty RatioAdded definitions

Rationale: By focusing on instructional load as opposed to FTSE, we are able to better capture workload. Because FTSE is based on credits not load, FTSE is not a good measure of workload for classes where credits and load differ (e.g. lab classes). 46Current LanguageProposed Language

3.11 Personnel Relations:

Describes conflict resolution and mediation process.

3.11 Personnel Relations:

Incorporated into Section 6 as part of conflict resolution.

Make sure refer to new RFP referenceCurrent LanguageProposed Language5.3.1 Faculty Member Load:

Defines amount of load hours required, apportionment between semesters and scheduling priorities for RFP faculty .

5.3.1 Faculty Member Load:

Satisfying residential load requirements takes precedence over adjunct scheduling assuming comparable qualifications.6 Dispute Resolution and Internal Investigations:

6 Conflict Resolution:

Section 3.11 (Personnel Relations) added to this section and title modified to better reflect purpose.7 Effect of Policy:

6 Effect of Policy:

Section 7 language was updated to reflect the current practice of using interest-based negotiation as a key component of the meet and confer process.