BILL REQ. #:  S-4866.1 

Read first time 01/31/08.   Referred to Committee on Higher Education.

     AN ACT Relating to higher education; amending RCW 28B.50.873; adding new sections to chapter 28B.50 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The state community and technical colleges hold a significant place in our higher education system by providing citizens with high quality instruction;
     (2) The retention of excellent college professors is an integral part to the success of our community and technical college system;
     (3) Our state's colleges and universities are dedicated to the free and open discussion of ideas that encourages the plurality of opinions that has been the hallmark of the concept of academic freedom;
     (4) Nearly half of the courses offered by the two-year colleges are currently taught by nontenure track, part-time faculty who lack the job security and academic freedom safeguards normally associated with tenure;
     (5) Job security for experienced faculty has long been a hallmark of high-quality higher education and results in a more stable workforce of professionals dedicated to serving their students; and
     (6) Good business practice and faculty morale is best served by the time-honored labor practice of rewarding professors for their seniority, continuing education, and experience.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.50 RCW to read as follows:
     (1) Each community and technical college shall develop a new senior faculty position for nontenure track, part-time professors to be officially called associate faculty.
     (2) Nontenure track faculty are eligible for associate faculty status after having taught at least fifty percent of a full-time load for at least nine quarters.
     (3) At a minimum, associate faculty shall have the following privileges conferred on them as a result of their seniority:
     (a) The right of first refusal on available departmental courses based on seniority;
     (b) The right to bump less senior nontenure track faculty in the event the associate faculty member's course is canceled;
     (c) The right to be paid thirty-three percent of their contract by the college in the event there is no one with less seniority to bump and the associate faculty member's class is canceled;
     (d) Their names and qualifications appearing in the college's biennial catalogs;
     (e) The right to receive annual contracts that are presumed to be automatically renewable;
     (f) The right to their accustomed minimum teaching workload as part of their annual contracts;
     (g) The right to increase this accustomed minimum workload up to a full-time teaching workload when additional teaching hours become available for which the associate faculty is qualified; and
     (h) The right to be considered qualified to teach available teaching hours in the same manner that tenured faculty are considered qualified in the same department.
     (4) Associate faculty status shall be revocable for probable cause, as outlined in the procedures for terminating full-time tenure track faculty. The associate faculty member may appeal the decision, at his or her option, including the right to a hearing and standard grievance procedures afforded to full-time faculty by contract.
     (5) All nontenure track faculty who have taught at least fifty percent of a full-time load for at least nine quarters before June 30, 2008, shall automatically be conferred associate faculty status.

Sec. 3   RCW 28B.50.873 and 1991 c 238 s 72 are each amended to read as follows:
     The college board may declare a financial emergency under the following conditions: (1) Reduction of allotments by the governor pursuant to RCW 43.88.110(((2))) (3), 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 ((or)), probationary, or associate 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 ((or)), probationary, or associate 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.405.310(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 or technical 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 pursuant to RCW 28B.50.857.

NEW SECTION.  Sec. 4   A new section is added to chapter 28B.50 RCW to read as follows:
     (1) Each community and technical college shall develop its associate faculty positions by means of collective bargaining.
     (2) Each community and technical college shall have its associate faculty positions in place no later than September 30, 2008.