7.1 Evaluation

A. At least once each year, the professional activities of each employee who holds a probationary, term, or grant-funded appointment shall be formally evaluated, in writing. Employees holding continuing or career appointment will be evaluated at intervals determined by the College, but at least once every five years. Employees on leave will be evaluated at the option of the College. Such evaluation (recognizing that variations occur among disciplines) will be in accord with the standards and procedures adopted by the College. Such formal evaluation of employees shall be made through consideration of, though not limited to, the following factors: teaching and/or professional performance, collegiality, professional growth, and public service. The evaluator shall discuss the formal evaluation with the employee who shall be given the opportunity to inspect and duplicate each evaluation. At the conference, to be held no later than the last day of the professional obligation for academic year employees and no later than the last working day in July for fiscall year employees.  The employee shall have the right to bring any material he/she feels is pertinent to the proper consideration of the nature and scope of the formal evaluation prior to its submission to the appropriate College Administrative officer. The employee has the right to supplement the evaluation, and any such material shall become a permanent part of the employee’s personnel file. At such conference, the employee’s total academic and professional program that year and cumulatively to date shall be reviewed.

B. Areas that are not suitable for evaluative comment include but are not limited to:

1. Carrying a reduced load at the employee’s option.

2. All or part of an unauthorized audiotape or videotape of a class or practicum made by a student.

3. Non-participation in a specific activity set forth herein as voluntary.

The College retains all rights to consider and evaluate the level of

participation in activities as provided in Article 4 and Section 7.1.A.

7.2 Employee Records.The College shall maintain one official Human Resources File for each employee. This file should be located in the Human Resources Office and shall contain, among other things, the following items:

A. Copies of all formal evaluations of the employee made pursuant to this Article.

B. Information relating to the employee’s academic and professional accomplishments submitted by the employee to be placed in the file at his/her request.

C. Any other materials which become pertinent to an employee’s evaluation for any purpose. The Human Resources File shall be available for review by the employee’s representative, under written authorization by the employee, during normal office hours. Copies of materials shall be made by the College and furnished to the employee upon his/her request and at his/her expense.

D. An employee will be notified at the time of inclusion of any material in his/her Official Human Resources File and will be provided a copy thereof.

E. Failure of any unit employee to give at least thirty (30) calendar days’ notice of termination of his/her employment, except for reasons of health or serious hardship, may, at the option of the College, be noted in the employee’s Human Resources file including for the purpose of subsequent recommendations.

7.3 Discipline. The parties affirm the concept of progressive discipline including oral warning, written warning, written reprimand, suspension, and termination.

A. Notice of Charge. The initiation of a disciplinary charge against an employee shall be in writing subscribed or endorsed by the appropriate administrator as determined by the President of the College; shall contain a reasonably detailed description of the charges being brought against the employee; the penalty sought and shall inform the employee of his/her right of Professional Association representation.

B. Right to Meet. The employee may, within seven (7) working days of the notification of the charge, call for a meeting with a representative(s) of the College, as determined by the College, for the purpose of providing clarification and specifics of the charge and the opportunity to dispose of the charge without further processing. This meeting shall be held within seven (7) working days of the employee’s request.

C. Right to Respond. Within seven (7) working days of this meeting or within ten (10) working days of notice if no meeting was called for, the employee may respond in writing to the allegation. Such response shall be without prejudice to any forthcoming grievance activity.

D. Disposition. Within ten (10) working days of the employee’s response, or lack thereof, the College will notify the employee of the disposition of the charge, including the specific disciplinary action, if any, to be imposed. A copy will be provided to the Professional Association if the employee has elected Association representation. Upon notification the employee may acquiesce or proceed under the representation of the Association to a formal grievance per Article 15 of this agreement on the issue of the propriety of the discipline. Acceptance of the College’s disposition shall in no way compromise the employee’s right to respond to the charge by way of the employee’s official personnel file.

E. Exclusions. The provisions of this article apply only to those actions determined by the College to be discipline. Excluded hereunder are matters covered under Article 4.

F. No Precedent Established. The provisions of this article apply only to those actions determined by the College to be discipline. Excluded hereunder are matters covered under Article 4.

G. Before the issuance of the notice of the charge outlined in Section 7.3. A., the College may inform an employee that discipline may be avoided or lessened by eliminating recurrence of alleged misconduct. The College is free to suggest, in whatever manner, that the use of EAP may be helpful to accomplish the elimination of such alleged misconduct. In the pre-charge stage, EAP should not be phrased as an either/or option.