ARTICLE VIII-C: POST TENURE REVIEW
The provisions of this Article VIII-C shall apply to members of the bargaining unit who hold tenure as such.
For purposes of this Article VIII-C the phrase "review period" shall have the meaning it has in Article VIII, and the phrase "review year" shall have the meaning that the phrase "evaluation period" has in Article VIII.
A. Frequency of Post-Tenure Review
1. General Rule
A post-tenure review shall be conducted during every seventh year (the review year) of a unit member’s employment in the bargaining unit measured from and including the evaluation period (as defined in Article VIII) of either the unit member’s original tenure evaluation or last promotion evaluation or from and including the review year of the unit member’s last post-tenure review, whichever of the foregoing is the later.
2. Transitional Rule
Initial post-tenure review for those
(i) for whom tenure took effect before September 1, 1995, or
(ii) who secured tenure with effect on September 1, 1995, but whose evaluation for tenure occurred during the academic year 1993-1994, or
(iii) who were last evaluated for promotion, regardless of the outcome, before September 1, 1994,
shall be determined by lot, randomly assigning twenty percent (20%) of such unit members to each of the five academic years that begin with the academic year 2001-2002 and end with the academic year 2005-2006. This lottery shall be conducted at each College before the first post-tenure reviews are conducted. The lottery shall be conducted by the Chapter President and the Academic Vice President and shall be open to all tenured unit members. Unit members shall be notified immediately after the lottery of the year of their post-tenure review.
The lottery selection shall occur no later than September 15, 2001.
3. Exceptions
a. When measuring the duration of a unit member’s employment, continuous leaves of absence (other than sabbatical leaves) of more than a semester’s length will not be treated as a period of employment for purposes of computing length of service under this Article, except that the unit member may include in his or her post-tenure review professional work done during such leave.
b. Any unit member who takes a binding action to resign, whether or not to retire, effective no later than the end of the work year during which he or she is to be evaluated will not be evaluated during that year.
1. Review Period
Each post-tenure review will address itself to the unit member’s performance during the period from and including his or her last post-tenure review or original tenure evaluation or last promotion evaluation, whichever most recently occurred. The review period shall commence no earlier than September 1, 1997, until seven-year review periods are established. At the request of the unit member and for good cause shown (including serious illness or an emotional or other disruption of similar magnitude), with documentation from a physician or licensed mental health practitioner, the President shall postpone for one year a review otherwise required to be conducted. The period of such disruption shall not be included in the review period of any subsequent post-tenure review.
2. Materials for the Review
Review materials shall consist of:
a. student evaluations during the review period (if applicable), provided that no comparative/normative numbers (e.g., means, percentiles) shall be included or referenced with regard to student evaluations;
b. Appendix B-2, including an updated resume;
c. additional reports for alternative responsibilities assigned in accordance with Article XII, § D, or equivalent non-teaching duties, including service as a department chair, the coordination of laboratory experiences, in-service work with groups in the state, pupil supervision, and/or work in program and curriculum development during the review period;
d. all classroom visitations conducted during the review period;
e. a statement prepared by the unit member not to exceed 750 words describing those things selected by the unit member from Appendix A-1 or A-2 during the review period; neither such Appendix shall be attached to the statement.
1. Submission of Materials
By September 30th of his or her review year, the unit member shall submit to the Department Chair or Director, Library, or Campus School Principal, as may be appropriate, the materials listed in Section B(2)(b) and (e) of this Article. If the Chair is not tenured or is being evaluated, a tenured member of the department, elected by and from among the tenured members of the department, shall serve in the Chair’s stead for this purpose. If the Chair is being evaluated under this Article, he or she shall submit the materials listed in Section B(2)(b) and (e) to the tenured member of the department who has been elected for the purpose by and from among the tenured members of the department, and that tenured member of the department shall initially evaluate the Chair in accordance with subsection 2. If a tenured member other than the Chair is not available for the purposes of this paragraph, a tenured member of a cognate department shall be elected by the tenured members of the affected department (or by the tenure-track members of that department if there are no tenured members other than the Chair).
2. Initial Evaluation
By November 30th of the review year, the Chair or Director, Library, or Campus School Principal, as the case may be, shall evaluate the unit member’s performance and rate the performance "satisfactory" or "unsatisfactory." For faculty, this evaluation shall include one classroom observation by the Chair conducted in accordance with the procedures in Article VIII, Section D(1)(b). The unit member shall have the right to submit a response for inclusion with the review material. The evaluation by the Department Chair, Director, Library, or Campus School Principal is not separately grievable.
The review shall be recorded on Appendix D-3, and it, together with the review material, shall be transmitted to the Academic Vice President by December 15th of the review year.
3. Evaluation by the Vice President
The Vice President shall review all materials and by January 25th of the review year shall, on Appendix D-3, provide to the unit member a finding that the unit member’s work is "satisfactory" or "unsatisfactory." The unit member shall have the right to submit a response for inclusion with the review material and shall be given the opportunity to meet and discuss the evaluation. The unit member shall have the right to bring an Association representative to any meeting that is held for the purpose of discussing the evaluation.
4. Statement of Reasons
Any finding that a unit member’s work is unsatisfactory shall be supported by a detailed and complete statement of the reasons, which shall be recorded on Appendix D-3.
5. Grievances
After a finding by the Vice President that a unit member’s work is unsatisfactory, the unit member shall have the right to grieve the finding (which shall include any finding of unsatisfactory by the Department Chair, Director, Library, or Campus School Principal). The grievance shall be filed within the limits of time prescribed in Article XI but shall then be heard within thirty days in accordance with the Procedures for Expedited Labor Arbitration of the American Arbitration Association.
D. Professional Development Plan
1. Need for a Plan
Whenever the Vice President has given a unit member’s performance a rating of unsatisfactory, the unit member shall be required to undertake a plan of professional development for a period not to exceed one academic year and may be denied a promotion and/or a bonus, unless the arbitrator reverses the finding of unsatisfactory performance.
2. Establishment of a Plan
The Vice President shall prescribe the plan of professional development by March 31st of the review year after consultation with the Department Chair, Director, Library, or Campus School Principal, as may be appropriate, and the unit member. The unit member shall have the right to bring an Association representative to any meeting with the Vice President when the plan of professional development is being discussed.
3. Content and Implementation of the Plan
The plan of professional development shall prescribe the action that should be undertaken for improvement and the criteria that will be used to determine whether the unit member’s performance remains unsatisfactory. The College shall bear any costs associated with the completion of the plan of professional development, including the cost of workload reductions necessary to complete the plan. The plan of professional development under this Article is different and separate from the plan described in Article XIV of the Agreement.
4. Appeals
The content of the plan of professional development is not separately grievable, but may be appealed to the President. The unit member shall have the right to meet with the President to discuss the appeal and to bring an Association representative to such meeting. The President shall decide on the content of the plan within a week of the meeting with the unit member.
5. Supplementary Review
At the conclusion of the period of professional development, and by May 1st of the development year (or sooner if a request is made under subsection 10), the unit member’s performance shall be evaluated by the Department Chair, Director, Library, or Campus School Principal, as may be appropriate, and by the Vice President. In each case, the review shall be recorded on Appendix D-3. The unit member may grieve a finding of unsatisfactory by the Vice President, which shall include any finding of unsatisfactory by the Department Chair, Director, Library, or Campus School Principal and any questions about the appropriateness of the completed plan of professional development. Such grievance shall be governed by the requirements of Section C(5) of this Article.
6. Extended or Revised Plan
If the Vice President rates the unit member’s work unsatisfactory, and if the finding of unsatisfactory is not reversed by an arbitrator, the unit member shall be required to participate in an extended/revised plan not to exceed an additional academic year and may continue to be denied a promotion and/or a bonus and may also be denied a step increase. Implementation of the plan and challenges to it shall be governed by subsections 3 and 4 of this Section D.
7. Further Supplementary Review
After completion of the second plan of professional development (or sooner if a request is made under subsection 10), the unit member shall again be evaluated in accordance with the procedure in subsection 5 of this Section D.
8. Further Rating of Unsatisfactory
If the Vice President rates the unit member’s work unsatisfactory after the second professional development plan, and if the finding of unsatisfactory is not reversed by an arbitrator, the unit member may continue to be denied promotions, bonuses, and/or step increases until found satisfactory.
9. Further Grievances
Denials of promotions, bonuses, and/or step increases may be grieved by the unit member in accordance with the procedure in Section C(5) of this Article. The arbitrator shall have the authority to reduce or eliminate a penalty.
10. Requests for Re-evaluation
During the period when a unit member is being denied promotions, bonuses, and/or step increases under this Section, the unit member shall be entitled to be re-evaluated upon his/her request by the Department Chair, Director, Library, or Campus School Principal, as may be appropriate, and the Vice President in order to try to improve his/her rating to satisfactory. A re-evaluation shall be done within thirty (30) days of the request, and if rated satisfactory, the unit member shall receive the previously denied bonus on a pro-rated basis, and/or the step increase prospectively, and shall be eligible for promotion with effect on and after the date on which he or she is rated satisfactory. If found unsatisfactory, the unit member shall have the right to grieve the finding in accordance with the procedure in Section C(5) of this Article.
1. Just Cause
No unit member’s performance shall be given a rating of unsatisfactory without just cause, and every aspect of post-tenure review shall meet the standard of just cause.
2. Remedy
The arbitrator shall have the authority to issue any make-whole remedy for violations of the just cause standard.
1. Application of Article IX
Nothing in these provisions shall limit, or constitute a condition precedent to, the application of any provision of Article IX, Section E, of the Agreement.
2. Use of Record under Article IX
No record of any evaluation conducted or any action taken pursuant to any post-tenure review shall be introduced into the record of, or otherwise used in connection with, any proceeding conducted pursuant to Article IX, Section E, of the Agreement. The following items produced or implemented under this Article shall constitute the record to which the prohibition of this subsection 2 applies:
a. Findings of satisfactory or unsatisfactory;
b. Classroom observations;
c. Professional development plans;
d. Penalties;
e. Statements of up to 750 words.
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