AN ACT Relating to tenure; amending RCW
28B.50.869; reenacting and amending RCW 28B.50.851; adding a new section to
chapter 28B.50 RCW; creating a new section; repealing RCW 28B.50.858; providing
an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 28B.50.851 and 1991 c 294 s 2 and 1991 c 238 s 68 are each reenacted and
amended to read as follows:
As used in RCW 28B.50.850 through 28B.50.869:
(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 (b) of this subsection, shall mean 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 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 employment on a reduced work
load basis when a faculty member has retained tenure under RCW 28B.50.859;
(b) "Faculty appointment" shall not
mean special faculty appointment as a teacher, counselor, librarian, or other
position as enumerated in (a) of this subsection, when such employment results
from special funds provided to a community college district from federal moneys
or other special funds which other funds are designated as "special
funds" by the college board: PROVIDED, That such "special
funds" so designated by the college 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) of this
section who have been subsequently transferred to positions financed from
"special funds" pursuant to (b) of this subsection 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) of this section 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 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 or technical college: PROVIDED, That the majority of the
committee shall consist of the probationer's faculty peers ((or tenured
faculty member's peers)).
Sec. 2.
RCW 28B.50.869 and 1991 c 238 s 70 are each amended to read as follows:
The review committees required by RCW
28B.50.850 through 28B.50.869 shall be composed of members of the
administrative staff, a student representative, and the ((teaching))
faculty. The representatives of the ((teaching)) faculty shall
represent a majority of the members on each review committee. The members
representing the ((teaching)) faculty on each review committee shall be
selected by a majority of the ((teaching)) faculty and faculty
department heads acting in a body. The student representative, who shall be a
full time student, shall be chosen by the student association of the particular
community or technical college in such manner as the members thereof shall
determine.
NEW SECTION. Sec. 3. A
new section is added to chapter 28B.50 RCW to read as follows:
By June 30, 1994, each community and technical
college shall establish, through the local collective bargaining process,
periodic posttenure evaluation of all full-time faculty consistent with the
standards of the Northwest association of schools and colleges.
NEW SECTION. Sec. 4.
RCW 28B.50.858 and 1991 c 294 s 5 are each repealed.
NEW SECTION. Sec. 5.
Nothing contained in this act shall be construed to alter any existing
collective bargaining unit or the provisions of any existing collective
bargaining agreement.
NEW SECTION. Sec. 6.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1993.
NEW SECTION. Sec. 7. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
