AN ACT Relating to tenure modification at community colleges; amending RCW 28B.50.851, 28B.50.852, 28B.50.856, 28B.50.857, 28B.50.861, 28B.50.863, and 28B.50.873; adding new sections to chapter 28B.50 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Improving the quality of instruction at our state institutions of higher education is a priority of the legislature. Recently, many efforts have been made by the legislature, the colleges, and the higher education coordinating board to assess and improve the quality of instruction received by students at our state institutions. It is the intent of the legislature that, in conjunction with these various efforts, the process for the award of faculty tenure at community colleges should be strengthened to allow for a more lengthy and thorough review of the performance of faculty appointees prior to the granting of tenure.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

The state board for community college education shall adopt, and periodically revise, a salary schedule and compensation plan for faculty within the state system of community colleges. The state-wide salary schedule and compensation plan shall be constructed to provide for an equitable faculty salary structure across the entire state system of community colleges. The responsibility and authority for the placement of faculty at any level on the salary schedule shall remain with the community college district which appoints the faculty. Record of previous performance, as judged by the community college district, shall be the primary consideration in determining the placement of faculty on the salary schedule.

Sec. 3. Section 33, chapter 283, Laws of 1969 ex. sess. as last amended by section 2, chapter 32, Laws of 1988 and RCW 28B.50.851 are each 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 subsection (2)(b) below, 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 subsection (2)(a) of this section, 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 state board for community college 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) "Tenure track appointment" shall mean a faculty appointment that is for a designated period of time, may be terminated without cause upon expiration of the appointee's terms of employment, and during which the holder of the appointment is undergoing evaluation by a review committee for the granting of tenure. No individual holding a faculty appointment shall be granted a tenure track appointment by the appointing authority until that individual has successfully completed three years of service on a probationary appointment;

(6) "Administrative appointment" shall mean employment in a specific administrative position as determined by the appointing authority;

((~~(6)~~)) (7) "Appointing authority" shall mean the board of trustees of a community college district;

((~~(7)~~)) (8) "Review committee" shall mean a committee composed of the ((~~probationer's~~)) faculty appointee's faculty 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 appointee's faculty peers.

Sec. 4. Section 34, chapter 283, Laws of 1969 ex. sess. and RCW 28B.50.852 are each amended to read as follows:

The appointing authority shall promulgate rules and regulations implementing RCW 28B.50.850 through 28B.50.869 and shall provide for the award of faculty tenure following a probationary period ((~~not to exceed~~)) of three consecutive regular college years, excluding summer quarter((~~: PROVIDED, That tenure may be awarded at any time as may be determined by the appointing authority after it has given reasonable consideration to the recommendations of the review committee~~)), plus a tenure track period of three consecutive regular college years, excluding summer quarter. The rules shall set forth, but not be limited to the following:

(1) The basis for any promotion from probationary status to tenure track status, or from tenure track to tenure status, is the successful performance of the faculty appointee in his or her position. No faculty appointee may be promoted to tenure track status until the appointee has successfully completed three years of service on a probationary appointment. No faculty appointee may be granted tenure until the appointee has successfully completed three years of service on a tenure track appointment;

(2) If a faculty appointee on probationary appointment does not demonstrate adequate competency for advancement to tenure track, as determined by the appointing authority, within three consecutive regular college years, excluding summer quarter, the appointee shall be terminated from service;

(3) If a faculty appointee on tenure track appointment does not demonstrate adequate competency for the granting of tenure, as determined by the appointing authority, within three regular college years, excluding summer quarter, the appointee shall be terminated from service. The appointing authority shall take action to grant or to deny tenure, after giving reasonable consideration to the recommendations of the review committee, during the third regular college year in which a faculty appointee has held a tenure track appointment;

(4) There shall be a periodic evaluation of each probationary appointee by the college administration. The college, at the time of original appointment, shall provide the faculty appointee with an advisory committee of his or her peers to assist the appointee in developing and demonstrating the skills and competencies necessary to achieve tenure track status; and

(5) There shall be a periodic evaluation of each tenure track appointee by a review committee.

Sec. 5. Section 36, chapter 283, Laws of 1969 ex. sess. and RCW 28B.50.856 are each amended to read as follows:

The probationary faculty appointment period shall be one of continuing evaluation of a probationer by ((~~a review committee~~)) the college administration. The evaluation process shall place primary importance upon the probationer's effectiveness in his or her appointment. The ((~~review committee~~)) college administration shall periodically advise each probationer, in writing, of his or her progress during the probationary period and receive the probationer's written acknowledgment thereof. The ((~~review committee~~)) college administration shall at appropriate times make recommendations to the appointing authority as to whether advancement to tenure track status should or should not be granted to individual probationers((~~: PROVIDED, That~~)). The final decision to award or withhold advancement to tenure track status shall rest with the appointing authority((~~, after it has given reasonable consideration to the recommendations of the review committee~~)). The college administration may direct the establishment of a review committee to assist in the evaluation of a probationer.

NEW SECTION. Sec. 6. A new section is added to chapter 28B.50 RCW to read as follows:

The tenure track appointment period shall be one of continuing evaluation of the tenure track appointee by a review committee. The evaluation process shall place primary importance upon the appointee's effectiveness and performance in his or her appointment. The committee shall periodically advise each appointee, in writing, of his or her progress during the tenure track period and receive the appointee's written acknowledgment thereof. The committee shall at appropriate times make recommendations to the appointing authority as to whether tenure should or should not be granted to individual appointees. The final decision to award or withhold tenure shall rest with the appointing authority, after it has given reasonable consideration to the recommendations of the committee.

Sec. 7. Section 37, chapter 283, Laws of 1969 ex. sess. and RCW 28B.50.857 are each amended to read as follows:

Upon the decision not to renew a probationary faculty appointment or a tenure track appointment, the appointing authority shall notify the ((~~probationer~~)) appointee of such decision as soon as possible during the regular college year: PROVIDED, That such notice may not be given subsequent to the last day of the winter quarter.

Sec. 8. Section 39, chapter 283, laws of 1969 ex. sess. and RCW 28B.50.861 are each amended to read as follows:

The tenured faculty member shall not be dismissed except for sufficient cause, nor shall a faculty member who holds a probationary faculty appointment or a tenure track appointment be dismissed prior to the written terms of the appointment except for sufficient cause.

Sec. 9. Section 41, chapter 283, Laws of 1969 ex. sess. and RCW 28B.50.863 are each amended to read as follows:

Prior to the dismissal of a tenured faculty member, or a faculty member holding an unexpired tenure track or probationary faculty appointment, the case shall first be reviewed by a review committee. The review shall include testimony from all interested parties including, but not limited to, other faculty members and students. The faculty member whose case is being reviewed shall be afforded the right of cross-examination and the opportunity to defend himself. The review committee shall prepare recommendations on the action they propose be taken and submit such recommendations to the appointing authority prior to their final action.

Sec. 10. Section 1, chapter 13, Laws of 1981 2nd ex. sess. as amended by section 81, chapter 175, Laws of 1989 and RCW 28B.50.873 are each amended to read as follows:

The state board for community college education may declare a financial emergency under the following conditions: (1) Reduction of allotments by the governor pursuant to RCW 43.88.110(2), or (2) reduction by the legislature from one biennium to the next or within a biennium of appropriated funds based on constant dollars using the implicit price deflator. When a district board of trustees determines that a reduction in force of tenured, tenure track, or probationary faculty members may be necessary due to financial emergency as declared by the state board, written notice of the reduction in force and separation from employment shall be given the faculty members so affected by the president or district president as the case may be. Said notice shall clearly indicate that separation is not due to the job performance of the employee and hence is without prejudice to such employee and need only state in addition the basis for the reduction in force as one or more of the reasons enumerated in subsections (1) and (2) of this section.

Said tenured, tenure track, or probationary faculty members will have a right to request a formal hearing when being dismissed pursuant to subsections (1) and (2) of this section. The only issue to be determined shall be whether under the applicable policies, rules or collective bargaining agreement the particular faculty member or members advised of severance are the proper ones to be terminated. Said hearing shall be initiated by filing a written request therefor with the president or district president, as the case may be, within ten days after issuance of such notice. At such formal hearing the tenure review committee provided for in RCW 28B.50.863 may observe the formal hearing procedure and after the conclusion of such hearing offer its recommended decision for consideration by the hearing officer. Failure to timely request such a hearing shall cause separation from service of such faculty members so notified on the effective date as stated in the notice, regardless of the duration of any individual employment contract.

The hearing required by this section shall be an adjudicative proceeding pursuant to chapter 34.05 RCW, the Administrative Procedure Act, conducted by a hearing officer appointed by the board of trustees and shall be concluded by the hearing officer within sixty days after written notice of the reduction in force has been issued. Ten days written notice of the formal hearing will be given to faculty members who have requested such a hearing by the president or district president as the case may be. The hearing officer within ten days after conclusion of such formal hearing shall prepare findings, conclusions of law and a recommended decision which shall be forwarded to the board of trustees for its final action thereon. Any such determination by the hearing officer under this section shall not be subject to further tenure review committee action as otherwise provided in this chapter.

Notwithstanding any other provision of this section, at the time of a faculty member or members request for formal hearing said faculty member or members may ask for participation in the choosing of the hearing officer in the manner provided in RCW 28A.58.455(4), said employee therein being a faculty member for the purposes hereof and said board of directors therein being the board of trustees for the purposes hereof: PROVIDED, That where there is more than one faculty member affected by the board of trustees' reduction in force such faculty members requesting hearing must act collectively in making such request: PROVIDED FURTHER, That costs incurred for the services and expenses of such hearing officer shall be shared equally by the community college and the faculty member or faculty members requesting hearing.

When more than one faculty member is notified of termination because of a reduction in force as provided in this section, hearings for all such faculty members requesting formal hearing shall be consolidated and only one such hearing for the affected faculty members shall be held, and such consolidated hearing shall be concluded within the time frame set forth herein.

Separation from service without prejudice after formal hearing under the provisions of this section shall become effective upon final action by the board of trustees.

It is the intent of the legislature by enactment of this section and in accordance with RCW 28B.52.035, to modify any collective bargaining agreements in effect, or any conflicting board policies or rules, so that any reductions in force which take place after December 21, 1981, whether in progress or to be initiated, will comply solely with the provisions of this section: PROVIDED, That any applicable policies, rules, or provisions contained in a collective bargaining agreement related to lay-off units, seniority and re-employment rights shall not be affected by the provisions of this paragraph.

Nothing in this section shall be construed to affect the right of the board of trustees or its designated appointing authority not to renew a probationary faculty appointment or a tenure track appointment pursuant to RCW 28B.50.857.

NEW SECTION. Sec. 11. This act shall take effect July 1, 1990, and shall apply to all faculty appointments made by community colleges after June 30, 1990, but shall not apply to employees of community colleges who hold faculty appointments prior to July 1, 1990.

NEW SECTION. Sec. 12. 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.