5.1 Wherever used in this Article the term:

A. Teaching faculty shall mean those bargaining unit employees who normally teach as a major part of their professional obligation.

B. Non-teaching faculty shall mean those bargaining unit employees who normally do not teach.

C. The minimum allowed length of class periods, definition of credit hours, class schedule and length will be defined in compliance with SUNY policy 1305..

D. Contact hour shall mean a class period or a practicum period.

E.  Where multiple consecutive practicum periods are scheduled, breaks equal to ten minutes for each sixty minutes of the practicum session will be scheduled by the faculty member.

E. Course shall mean a program of instruction recorded with the Registrar and designated by a single catalog number.

F. Service, as used herein, shall mean the availability of the employee to properly perform the duties and responsibilities of their professional obligation.

5.2 Designation of contact hours as class periods or practicum periods for any new course or changes in such designation shall follow procedures established by the College Administration

5.3 Employment Year.

A. For a fiscal-year employee an employment year shall begin on the first day of the fiscal year of the College (September 1) and end on the last day of the fiscal year (August 31).

B. For an academic-year employee an employment year shall begin five(5) working days before the start of the fall semester classes, excluding holidays and end eight (8) days before the start of instruction in the day classes of the subsequent fall semester.

5.4

A. Changes in Work-Year Obligations. When employment-year obligations are changed, affected employees shall be notified of the change not later than three (3) months preceding the date for which the change is to be effective. In such instances the impact on all terms and conditions of employment will be negotiated with the Association.

B. Flex Time. Upon prior written mutual agreement between an employee and the employee’s immediate supervisor, and approved by the President or the President’s designee, the employee’s normal work schedule may be altered for a period of time up to, but not exceeding, one year. Such work schedule may fall outside provisions of Articles 5.5 or 6.4. The College shall provide the Association with a copy of the agreement. The agreement may be renewed by mutual agreement of the employee and the immediate supervisor for up to one additional year.

5.5. Work Day.

A. The work day, except for teaching faculty in Health and Tech & Trades Professionals, shall be between 8:00 a.m. and 10:00 p.m. The work day for teaching faculty in Health and Tech & Trades Professionals shall be between 7:00 a.m. and 11:00 p.m. Except in the instance of intramural and coaching activities a teaching faculty member will be scheduled within an eleven (11) hour span, inclusive of meal periods.

5.6 Teaching Load; Full-time Teaching Faculty.

A. The teaching load for the fall and spring semesters commencing the 2021-22 academic year shall be not more than thirty (30) contact hours. The College may assign up to three (3) additional contact hours in the academic year and pay the affected teaching faculty member for such additional hour(s) at the overload rate set forth in Appendix A (Paragraph 9.3) annexed. Teaching faculty members may elect to teach twelve (12) contact hours per semester provided written notice of such election is given by the electing teaching faculty member to his/her Dean by March 1 preceding the year in which reduced load is taken.

A faculty member may elect either [1] the spring semester or [2] the fall and spring semesters.

1. Where an election is for reduced load assignment for the academic year, the Association will grant a waiver covering annualization of load if timely requested and if assignment other than annualized would result in the employee being underloaded in one semester and reasonable alternative scheduling is not available.

2. Any compensation for hours beyond reduced load will be pro-rata based upon the load reduction.

3. The base salary of a faculty member electing to teach a reduced load shall be reduced by the faculty salary divided by thirty (3) and multiplied by the contact hour reduction.

B. An optional overload (voluntary on the part of the teaching faculty) shall be permitted beyond the limitations set forth in paragraphs 5.5, 5.6A, and 5.7A hereof. Teaching faculty accepting such voluntary overload shall be compensated therefor at the overload rate set forth in Appendix A, paragraph 9.3 annexed. Credit courses and non- credit courses generating FTE credit, whenever offered, shall be subject to overload compensation. Compensation for other non-credit courses shall be based upon mutual written agreement between the Instructor and the College. Compensation shall be paid at the time of such overload instruction; however, adjustments in the faculty member’s schedule assignment in subsequent semesters may be required to justify overload compensation. In the event that schedule assignment adjustments cannot be made to justify such overload compensation, the faculty member shall be required to reimburse the College for over-compensation to the extent that the foregoing annual maximums are not exceeded. Except as provided for in Article 5.6D, the College has no obligation to assign such available courses to individual teaching faculty volunteering therefor. Faculty members electing to teach a reduced load may not teach overload assignments.

C. Overload Compensation . Bargaining unit members will have priority for two (2) overload sections per session and the same will be made available to qualified non-teaching faculty members on an equal basis with qualified teaching faculty members. The College shall make assignment to such sections. This priority does not apply to a non-teaching bargaining unit member for any session during which that non-teaching bargaining unit member is on a reduced workload. Nor does this priority apply to any bargaining unit member on leave as further specified in 11.13.

  1. Such priority will be commensurate with the practice whereby non-unit Administrators will continue to be assigned such sections.
  2. Non-teaching faculty will be eligible to teach courses for overload compensation. Credit courses and non-credit courses generating FTE credit, whenever offered , shall be subject to overload compensation. Compensation for other non-credit courses shall be based upon written mutual agreement between the Instructor and the Administration.
  3. Non-teaching faculty overload assignments shall not be made during the regular work day unless mutually satisfactory arrangements are made to permit the individual to meet their regular obligations.
  4. The procedures to be followed in requesting overload assignments shall be as contained in Appendix E.
  5. Priority for a bargaining unit member is met when a member who has requested one section is assigned and teaches one section or when a member who has requested two sections is assigned and teaches two sections. The teaching of one overload assignment by a bargaining unit member shall take priority over teaching by a classified employee, a part-time employee, a second assignment for a bargaining unit member, or one assignment for a non-unit administrator. The teaching of two overload assignments by a bargaining unit member shall take priority over teaching by a classified employee or a part-time employee and over a second assignment to a non-unit administrator.
  6. The exercise of priority rights as above by a bargaining unit member in no way obliges the College to assign more than a total of twelve (12) contact hours of overload per academic year excluding intersession and summer terms to each qualified bargaining unit member.
  7. Upon prior mutual written agreement between the unit member and the appropriate College Administrator, teaching in the intersession or the summer session(s) may be considered as load. Intersession or summer session(s) on load shall not result in reduced load as provided in Section 5.6A of this Article. In the event a unit member is no longer affiliated with the College, any unused intersession or summer teaching considered as load will be compensated at the overload rate in effect at the time the teaching was performed.

D. Duties of and compensation or release time for the coordinating of departmental or School or administrative functions shall be based upon mutual agreement between the employee and the Administration. A copy of such agreement shall be provided to the Association.Such agreement shall terminate at the end of the stated term. Such agreement shall be automatically renewed for the same length of time as the original agreement unless either party terminates the agreement in writing at least 30 days prior to its expiration . These activities may include, but shall not be limited to, course development, coordination of team teaching, and committee assignments.

E. Team Teaching. When a course is team taught, teaching load shall be pro-rated among the assigned teaching faculty.

5.7
A. Except as provided in section 5.12 hereof, preparations shall not exceed three (3) per semester. A waiver will be issued if additional preparations are necessary to constitute a full teaching load. While the College retains the right to assign three (3) course preparations, reasonable effort shall be made to assign fewer.

Physical Education faculty shall not be assigned in excess of three (3) course preparations per each seven-and-one-half (7-1/2) week session.

B. Teaching assignments for any given semester listing the courses to be taught shall be distributed to teaching faculty members no later than five (5) weeks prior to the beginning of the semester in which they become effective. Any adjustments in teaching assignments subsequent to this five (5) week notification shall be made and conveyed, in writing, to the teaching faculty member as soon as practical. Adjustments in teaching assignments to accommodate adjunct or overload employment shall require the written consent of the affected teaching faculty member.

5.8
A. Teaching faculty shall schedule, post conspicuously and be available to their students for at least five (5) office hours per week distributed over the days of the week when classes are in session to provide instructional or other assistance. Faculty teaching web based courses may schedule one virtual office hour per web based course up to a maximum of two of the five office hours per week. Virtual office hours will be posted in the same way as other office hours, and faculty will be available on line at those times to provide instructional or other assistance .

B. By mutual agreement of supervisor and faculty member, office hours may be flexed to accommodate student needs. Such agreement or lack thereof shall not be subject to evaluation.

5.9 The teaching load of teaching faculty who may be on leave or who will be appointed for a period of less than two semesters shall be prorated.

5.10 The size of a section scheduled for a class , or practicum period for a particular course shall be determined by the Administration.

A. The expected size for a section scheduled for a class period shall be thirty-five (35) students.

B. The Administration will make every effort to form a new section when any given class size exceeds forty (40) students as of the Census Date.

C. The size of a practicum section will reflect health and safety considerations, and availability of space and equipment.

D. Nothing herein shall prevent the College from providing for large lecture classes or adjusting class or practicum sessions.

5.11 Nothing herein shall prevent the parties from waiving any of the provisions of this article where such action is determined by the parties to be in the best interests of an employee , or the College. Said waiver must be in writing and mutually agreed upon by the parties.

5.12 The provisions of paragraphs 5.7 and 5.10 of this article shall be subject to the availability of funds and space.

5.13 When class sessions of courses taught at correctional facilities require time in addition to that specified in paragraph 5.1 of this Article, that time shall be used for tutoring and be compensated, therefore, at the tutoring rate set forth in Appendix A, paragraph 9.8. Such tutoring time shall not be counted toward teaching load as determined by Article 5.6.

5.14 Instructional Technologies
A. Instructional Technologies
1. The parties shall establish a joint committee to negotiate the impact on all terms and conditions of employment resulting from the adoption of, implementation of, or changes in instructional technology. The committee shall meet upon the request of either party. This committee shall consist of three(3) members appointed by the President of the Association, and three (3) members appointed by the College President.

2. Instructional Technology shall not be used for the purpose of reducing the number of, consolidating, or eliminating bargaining unit positions.

B. Interactive Television
1. Definition. Interactive television exists when an instructor provides instruction by way of live interactive television from one site to another site or to a number of sites at the same time. Any of the sites may be the one at which the instructor is present.

2. Basis of Participation. Participation in interactive television instruction shall be voluntary.

3. Training and Preparation
a. A bargaining unit member who volunteers for interactive television instruction shall be offered training in the use of necessary technology prior to the start of the initial assignment. The College shall determine the type of training and shall make the training available prior to the start of the initial assignment.

b. Additional training shall be offered where feasible as determined by the College at the request of the bargaining unit member.

c. The College shall compensate each bargaining unit member an additional contact hour toward teaching load or overload compensation during the first semester the bargaining unit member volunteers for and is assigned to interactive television instruction. The College may grant an additional hour of such compensation during the first semester the bargaining unit member uses interactive television instruction after major changes in technology.

4. Class Size. Initial credit for any interactive television instruction, regardless of the number of sites, shall be one section on load or overload. Once the combined enrollment at all sites exceeds 35, the bargaining unit member shall receive additional compensation as follows:

Total Enrollment Compensation

36-42 0.20 X overload rate

43-49 0.40 X overload rate

50-56 0.60 X overload rate

57-63 0.80 X overload rate

64-68 0.95 X overload rate

Before the number of students in a section of interactive television instruction exceeds 68, the parties shall reach agreement on compensation for the additional students.

5. Support Services. Bargaining unit members who agree to a College request to provide proctoring or other two-way interactive television services in addition to other job duties or outside the work day as specified in Article 6.4 shall be compensated at the advisement rate.

6. Location of Instructor. The College may assign the instructor of a two-way interactive television section to provide instruction from each of the sites. The bargaining unit member so assigned shall be reimbursed per Article 6.5.

7. Conduct of Session. Recordings of such class sessions may not be used for evaluation without the written permission of the bargaining unit member. Any observation of such sections shall be made following the same procedures used for observation of classes taught by other methods.

C. Web-Based Courses

  1.  Definitions

a. Online courses: An online course is defined where all Structured Instructional Activities (SIA) and contact hours are online. An online course can be defined during the development phase as containing synchronous or asynchronous delivery or a mixture of both asynchronous and synchronous delivery. However, when an instructor elects for an online course to have synchronous delivery, the synchronous meetings will be listed with a day and meeting time in the Course Search for a semester and the course will not be convertible to asynchronous delivery without mutual agreement between the college and the bargaining unit member.

b. Hybrid Courses: A hybrid course has online contact hours (synchronous or asynchronous delivery) that displaces at least 50% of the SIA Hours that would normally take place in a scheduled in-person, face-to-face class. This includes instruction, learning activities, and interactions. A hybrid class is designed to integrate face-to-face and online activities so that they reinforce, complement, and elaborate on one another, instead of treating the online component as an add-on or duplicate of what is taught in the classroom. All In-person and synchronous online class meeting days/times must be listed in the course search.

c. Synchronous Delivery: Synchronous class meetings resemble traditional on-campus In-Person classes in that students must be (virtually) present at the same time. Though they are conducted virtually, synchronous classes meet in real-time. Students must commit to scheduled class times and sign onto their virtual learning platform on schedule. During these classes, students will engage with the instruction during online lessons and presentations and have virtual class discussions. All Synchronous class meeting days/times must be listed in the Course Search. Synchronous instruction will be considered a part of the SIA for a course and is a choice made before or during development and can only be changed upon mutual agreement between the college and the bargaining unit member.

d. Asynchronous Delivery: Asynchronous class meetings do not require you to log into the Learning Management System (LMS) at a specified time. Students do not have to follow a strict schedule to engage in live classes or discussions. Assignment deadlines and exams days/times are maintained and included on the class syllabus posted in the LMS.

e.  Members who develop a course for a specific type of delivery are not automatically assumed to have the ability to teach the course in any other type of delivery.  Online Course Development and Structured Instructional Activity forms must be submitted for each course by method of delivery.

f. If the SIA for an online or hybrid course consists of more than 50% of an off-the-shelf, pre-authored, or an uploadable cassette/CD/DVD from a book publisher or any other multi-media vendor, it is defined as a prefabricated web-based course, and not considered a faculty developed course. Such a prefabricated course may be used as a web-based course by a bargaining unit member, but it is neither subject to ownership nor compensation as described herein.

2. Basis of Participation. Participation in online courses shall be voluntary for all bargaining unit members unless a bargaining unit member is otherwise informed in the appointment letter.  Members wishing to develop an online course will submit Online Course Development and Structured Instructional Activity forms to the Dean of the school offering the course and the Dean of Curriculum and Academic Scheduling for review.

3. Technical Support and Training. The College is committed to providing the best training and technical support possible to instructors of online courses both during the developmental period and when the course is offered. Faculty and staff who intend to create online courses must be trained in the technology, special skills and methods necessary for online instruction including retraining to address changes in technology. Training will be offered by the College at a mutually agreeable time. The statement of principle contained herein and the commitment to training contained herein are not subject to the arbitration step of the grievance process.

To have well developed online course offerings, the College will identify courses for development at least one (1) full semester before the first delivery of that course. For example, development must be initiated by the end of a current fall semester to be delivered for the next fall semester.

The first time a member develops a course, they will receive a 3 contact hour load reduction or 3 hours of weekly release time for staff to participate in a training and development offering where the member will be trained on best practices and teaching methods in the College’s online Learning Management System (LMS). By the end of that training, the College will review and approve the course before delivery. After a member is trained in online development, future courses that are developed require the same review and approval before delivery. In future developments, training is optional but will not qualify for a load reduction.

A member who has not completed training will not be assigned to or receive any web-based courses for load or overload.

4. Class Size. Beginning with the ratification of this agreement, all online courses will have a cap of 25. The cap may be raised above 25, but not exceed 40. Once the combined enrollment exceeds twenty-five (25), the bargaining unit member shall be notified, by email, by the appropriate Dean, and shall receive additional compensation as follows:

Total Enrollment Compensation

26-29 0.20 X overload rate

30-33 0.40 X overload rate

34-37 0.60 X overload rate

38-40 0.80 X overload rate

The total enrollment for each section will be determined at the end of the last business day prior to census.

The first offering of any newly developed online course will consist of one (1) section that shall not exceed twenty (20) or the natural course capacity for the first semester the course is delivered.

5. Development, Ownership, and Assignment: The College and the Association recognize two types of online or hybrid course development.

A. Individual Developments: In individual developments, upon mutual agreement between the college and the bargaining unit member, the Member develops a course and retains the individual rights to teach and be assigned one section of that course when offered in the future. An individual owner can only develop a maximum of two courses as an individual owner. There is no compensation for development of an individual owner course beyond the initial training. An individual developer may temporarily transfer their course to another qualified member for up to two (2) semesters.  This temporary sharing will not be considered a conversion of an individual development to a shared development.

B. Shared Development: Shared development is meant to cover courses where: 1 – the online developer has reached their maximum number of sole developments, 2 – when a group of members is developing a course that will be shared during teaching (e.g. there are more sections that are routinely needed than one person could teach) or when a member develops a course where more sections are offered than can be covered by one member. Shared development developers must be trained before or during development.

A. Development of shared development courses will be compensated $2000 per contact hour for development of the course to ensure that each Structured Instructional Activity is generic enough to be used by any future instructor to be paid over three (3) semesters of teaching the course.

B. If a team of unit members wishes to collaborate on the development of a course, one member must be the lead developer elected by the group. Development of shared development courses will be compensated $1000 per contact hour for the lead developer and $500 per contact Hour for collaborating team members (not to exceed 3 members per course) for development of the course to ensure that each SIA is generic enough to be used by any future instructor.

C. A shared development course will be pilot-tested for one semester by the developer or lead developer. The lead developer will be responsible for maintaining the master section of the course in the College’s LMS and will retain the right to assignment of at least one section of the course. All other developers will retain the right to assignment for one section of the course per semester in the future. If there are more developers than sections offered, the college will establish a rotating assignment schedule following contractual load assignment and contractual overload assignment priority.

C. Prior to midterm of the development semester, a milestone check will be used to verify that 50% of the course has been developed (See Milestone Checklist). If the milestone has not been met, the agreement to develop may be rescinded and a “B” term class may be assigned to fulfill the teaching obligation

D. All courses developed shall be considered individual ownership; each member will select up to two previously developed courses for retention of teaching rights and shall be included as part Section 4 Ownership and Assignment. Each member will have the ability to adjust their course selection during the month of December, but the change will not be implemented until the following Fall semester.

E. An individual development member upon mutual agreement between the college and the bargaining unit member may elect to convert their course into a shared development To compensate the original developer, that member will be paid $500 per contact hour to ensure that each Structured Instructional Activity is generic enough to be used by any future instructor. The original individual developer will then be considered a lead developer.

6.  Assessment of Student Learning in an Online Environment.  The college will be responsible for providing assessment proctoring options for courses delivered online.

7. No part of a course may be used, altered, or modified by the College without the written permission of the unit member. An entire online course developed with the support of the College may not be used in competition with the College without the written permission of the College during the member’s employment with the College.

8. Administrative Observation.

A. For the Purpose of Formal Evaluation. Observation of online courses for the purpose of formal evaluation shall be observation of a mutually agreed upon SIA from the course.

B.For Other Purposes. The College may observe online courses for other purposes, including but not limited to compensation pursuant to Section 5.14.C.5 and adherence to third-party requirements. In such instances, the College will notify the instructor in advance in writing (which includes e-mail) of the section to be observed, when the observation will begin and when the observation will end. The College may visit courses for the purpose of response to technical problems without prior written notification.

9. First Right to Develop

The parties acknowledge that as a general rule qualified bargaining unit members shall have first rights to develop web-based courses at the College. The Association recognizes that there may be exceptions to this rule based on unique qualifications of a non-bargaining unit member. The College will notify the Association during any semester in which a non-bargaining unit member has developed a course.

D. Hyflex

1.Instruction

A. Hyflex Instruction exists when an instructor provides instruction by way of live instruction from an on-campus classroom synchronously to a number of sites or through web video conferencing.

B. Hyflex Instruction will be considered a part of the SIA for a course and is a choice made before or during development and can only be changed upon mutual agreement between the college and the bargaining unit member.

C. Participation in Hyflex Instruction shall be voluntary for all bargaining unit members unless a bargaining unit member is otherwise informed in the appointment letter.

2. Training and Preparation

A. A bargaining unit member who conducts Hyflex Instruction shall be offered training in the use of necessary technology prior to the start of the initial assignment. The College shall determine the type of training and shall make the training available prior to the start of the initial assignment.

B. Additional training shall be offered where feasible as determined by the College at the request of the bargaining unit member.

3. Class Size.

A. Initial credit for any Hyflex Instruction, shall be one (1) section on load or overload. Once the combined enrollment at all sites exceeds thirty (30), the college will make an effort to open a new section of the course

4. Conduct of Session.

Any observation of such sections shall be made following the same procedures used for observation of classes taught by other methods.

5.15 Dual-Credit Courses
A. Definition. Dual-credit courses are courses taught in high schools which carry both high school and Mohawk Valley Community College credit.

B. Dual-credit courses shall not be used for the purpose of reducing the number of, consolidating or eliminating bargaining unit positions.

C. Assignment.
1. The College may request the services of a qualified bargaining unit member to teach a dual-credit course on load. The bargaining unit member shall have the right to refuse the request.

2. Dual-credit courses shall not be available for overload assignment except at the option of the College.

D.  During the term of the agreement the parties shall establish a Joint Committee(s) to study and make recommendations about dual credit courses and instructional technology (Sections 5.14.A.2 and 5.14.C.4). Such recommendations, if mutually acceptable to the parties to this agreement, may be implemented at any time. This committee shall consist of three(3) members appointed by the President of the Association, and three (3) members appointed by the College President.

5.16 Combined sections in the Engineering Technologies and Trades

The following shall be the method to determine the compensation for combined sections in CNC Machinist Technology, Machinist Technology, Carpentry and Masonry, Welding, and Airframe and Powerplant courses. Such shall also be the method used for any future courses in the Engineering Technologies and Trades by mutual agreement. Those sections taught simultaneously during the same session by a single bargaining unit member and which require 120 academic hours of instruction and which have a combined enrollment of 24 or fewer students on the census date shall be credited a total of 8 contact hours toward load or overload for the combined sections. If the combined enrollment of such sections exceeds 24 students, the bargaining unit member will receive additional compensation according to the following table.

Number of Students on the Census Date Contact Hours
25-30 3
31-36 6

The number of preparations may not exceed three at any time except for overload unless the parties mutually agree to allow more than three following procedures used to implement Section 5.11 of the collective bargaining agreement.

PA Contract