H-3533.1 _______________________________________________
HOUSE BILL 2301
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Ogden, Wood, Jacobsen, Spanel, Peery, H. Myers and Bray
Read first time 01/14/92. Referred to Committee on Higher Education.
AN ACT Relating to community and technical college tenure; amending RCW 28B.50.851; and adding a new section to chapter 28B.50 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28B.50.851 and 1991 c 294 s 2 are each amended to read as follows:
As used in RCW 28B.50.850 through 28B.50.869 and section 2 of this act:
(1) "Tenure" shall mean a faculty appointment for an indefinite period of time which may be revoked only for adequate cause and by due process;
(2)(a)
"Faculty appointment", except as otherwise provided in subsection
(2)(b) below, shall mean (i) full-time employment as a teacher,
counselor, librarian or other position for which the training, experience,
and responsibilities are comparable as determined by the appointing authority,
except administrative appointments; (("faculty appointment" shall
also mean)) (ii) department heads, division heads and administrators
to the extent that such department heads, division heads or administrators have
had or do have status as a teacher, counselor, or librarian; ((faculty
appointment shall also mean)) (iii) employment on a reduced work
load basis when a faculty member has retained tenure under RCW 28B.50.859;
and (iv) employment on a reduced workload basis to one of the positions
described in (a)(i) and (ii) of this subsection if employment is part of a
job-share as designated by the appointing authority;
(b)
"Faculty appointment" shall not mean special faculty appointment as a
teacher, counselor, librarian, or other position as enumerated in subsection
(2)(a) of this section, when such employment results from special funds provided
to a community and technical college district from federal moneys or
other special funds which other funds are designated as "special
funds" by the state board for community and technical colleges
((education)): PROVIDED, That such "special funds" so designated
by the state board for purposes of this section shall apply only to teachers,
counselors and librarians hired from grants and service agreements and
teachers, counselors and librarians hired in nonformula positions. A special
faculty appointment resulting from such special financing may be terminated
upon a reduction or elimination of funding or a reduction or elimination of
program: PROVIDED FURTHER, That "faculty appointees" holding faculty
appointments pursuant to subsections (1) or (2)(a) who have been subsequently
transferred to positions financed from "special funds" pursuant to
subsection (2)(b) and who thereafter lose their positions upon reduction or
elimination of such "special funding" shall be entitled to be returned
to previous status as faculty appointees pursuant to subsection (1) or (2)(a)
depending upon their status prior to the "special funding" transfer.
Notwithstanding the fact that tenure shall not be granted to anyone holding a
special faculty appointment, the termination of any such faculty appointment
prior to the expiration of the term of such faculty member's individual
contract for any cause which is not related to elimination or reduction of
financing or the elimination or reduction of program shall be considered a termination
for cause subject to the provisions of this chapter;
(3) "Probationary faculty appointment" shall mean a faculty appointment for a designated period of time which may be terminated without cause upon expiration of the probationer's terms of employment;
(4) "Probationer" shall mean an individual holding a probationary faculty appointment;
(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by the appointing authority;
(6) "Appointing authority" shall mean the board of trustees of a community college district;
(7) "Review committee" shall mean a committee composed of the probationer's faculty peers or tenured faculty member's peers, a student representative, and the administrative staff of the community college: PROVIDED, That the majority of the committee shall consist of the probationer's faculty peers or tenured faculty member's peers.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:
(1) In making an appointment to a full-time faculty position, the appointing authority shall consider applications from two individuals wishing to share a job. All announcements of job openings shall contain a statement indicating that applications from individuals wishing to share the position will be accepted.
(2) A job share appointment shall be of sufficient number of hours to permit each appointee to be eligible for benefits to the same extent as faculty with half-time or more employment.