Peralta Community College District Board Policy # 3.92 Policy 3.92 Educational Administrators’ Rights to Faculty Positions It is the policy of the Peralta Community College District (the “District”) to establish administrative hiring procedures and guidelines for college (Laney, Merritt, Berkeley City College, and College of Alameda) and District Educational Administrators who can lead, organize, facilitate, plan, and supervise; and who understand the needs of faculty, staff, and students and the learning process. Educational Administrators who are hired must be individuals who are knowledgeable and sensitive to the racial and cultural diversity in the colleges, and are well prepared by training and temperament to respond effectively to the educational needs of all the various populations our community colleges serve. The Board of Trustees, represented by the administration, has the principal legal and public responsibility for ensuring effective hiring and reassignment. The faculty, represented by the District Academic Senate, has an inherent professional responsibility to ensure the quality of its faculty peers. The process by which the Board reaches the determination as to whether or not the Educational Administrator possesses the minimum qualifications for employment as a faculty member at the District shall be developed and agreed upon jointly by representatives of the Board and the District Academic Senate, and approved by the Board. A written record of the Board’s decision, including the views of the District Academic Senate, shall be made available for review as part of the Board’s documentation. 1. General Statement 1.1 The State minimum qualifications for Educational Administrators help to ensure that the colleges and District will select individuals who are competent to perform the administrative responsibilities that Educational Administrators are generally required to assume, such as supervision, organizational planning, and budget development and administration, and who understand the needs of the faculty, staff, and students and the learning process. 1.2 An Educational Administrator is a person employed in an Educational Administrator position that is not part of the classified service. See Attachment A for identification of Educational Administrator positions. Any administrator who does not hold an “Educational Administrator” position as defined by this policy, but received an employment contract prior to the date this Board Policy is approved by Board of Trustees that states otherwise, shall be grandfathered in to receive full rights and responsibilities to a faculty assignment in accordance with this policy. 1.3 Nothing in this document shall limit the rights and responsibilities of the Board of Trustees as provided by law. 1.4 These procedures shall be interpreted so as to be in full conformity with applicable law and regulations. Peralta Community College District Board Policy # 3.92 1.5 A candidate for an Educational Administrator position may be qualified, per “Minimum Qualifications for Faculty and Administrators in California Community College," to apply for such administrative position even though the candidate’s “minimum qualifications” are in a discipline that does not exist within the district or in a discipline for which there are minimal course offerings in the district and preclude assignment of a full-time load or the necessity of such position (see 4.1.A below). 2.0 Any Administrator Who Previously Held A Tenured Faculty Position 2.1 A tenured employee at the District, when assigned from a tenured faculty position to an Administrator position, or assigned any special or other type of work, or given special classification or designation, shall retain his/her status as a tenured faculty member. 3.0 Any Administrators Who Did Not Previously Hold A Faculty Position at the District 3.1 Educational Administrators hired after July 1, 1990 who did not previously hold a faculty position at the District shall have the right to become first-year probationary faculty members, if they meet the following criteria, along with the procedures in Section 4.0: A. The Educational Administrator holds an administrative position that is not part of the classified service, as enumerated in Section 1.2. B. They have served in this District at least two (2) full years as a faculty member or Educational Administrator. This service must have been “satisfactory” according to documentation. For example, if the Educational Administrator’s paid employment start date is January 30th, the next January 29th constitutes one full year. C. The termination of the Educational Administrator assignment is for any reason other than dismissal for cause. 4.0 Assignment For Section 3.0 4.1 The assignment of an Educational Administrator to a faculty position is subject to all the following provisions: A. The District is not legally required to create any new faculty positions. If any new faculty position is created to accommodate an Educational Administrator’s reassignment, the position shall be identified by the Chancellor, in consultation with the College President, to determine the need for such faculty position. B. Any reassignment of an administrator without tenure as a faculty member, shall not cause the layoff or involuntary reassignment or involuntary transfer of any Peralta Community College District Board Policy # 3.92 tenured or probationary (tenure-track) faculty member. C. Faculty seniority for Educational Administrators exists only for Educational Administrators with previous service to the District as regular faculty. Seniority shall be based on the date of first paid service as a faculty member (whether a probationary or tenured position) in the District, excluding those periods when no service as a faculty member was provided to the District. D. The Educational Administrator to be reassigned shall possess and demonstrate the academic preparation and current knowledge and skills expected of a newly hired regular faculty member in the discipline(s) to which they are being assigned. E. The Director for Human Resources will notify the District Academic Senate President of the proposal to reassign an Educational Administrator to the faculty. Within thirty (30) days, the District Academic Senate Educational Policy Committee shall determine the discipline(s) for which the Educational Administrator meets the State minimum qualifications. The Educational Administrator shall be assigned only to a discipline in which the Educational Administrator possesses the minimum qualifications for employment as a faculty member, as specified by minimum qualification regulations. For Administrators who did not previously hold a faculty position at the District, the District in consultation with the District Academic Senate shall initially establish, at the time the person is hired as an administrator, the discipline(s), if any, for which the administrator meets the minimum qualifications for a faculty position at the District based on the transcript review, and the District in consultation with the District Academic Senate shall re-evaluate the discipline(s) at the time the right to become a first year probationary Faculty is exercised. F. If the Educational Administrator does not meet the minimum qualifications in a discipline(s) at the District in which a full load can be provided to the Educational Administrator, in keeping with section 4.0, at the time he/she exercises his/her right to become a first year probationary Faculty, the Educational Administrator shall not become a first year probationary Faculty member. All reasonable, good faith efforts shall be coordinated by the Vice Chancellor for Educational Services, in collaboration with the College’s Vice President of Instruction (for instructional positions) or Vice President of Student Services (for non-instructional positions) to provide a full load. G. In a case where a choice of teaching assignments is possible, the Educational Administrator to be reassigned should express a preference in writing to the Peralta Community College District Board Policy # 3.92 Director for Human Resources by April 15th . The final decision on teaching assignments is at the District’s discretion, in compliance with this policy H. An Educational Administrator must respond whether he/she wishes to assert his/her right under this procedure by the timeline dictated in the notification by the Director of Human Resources. An Educational Administrator may decline an offer to become a first year probationary Faculty, which would forfeit all rights in the future. Failure to respond by the timeline dictated in the notification shall be construed as a decline of the right under this procedure. I. An Educational Administrator reassigned to a faculty position shall be compensated based on placement on the faculty salary schedule as defined by the Peralta Federation of Teachers’ Collective Bargaining Agreement. The administrator shall then receive all rights and responsibilities of a faculty member under the Peralta Federation of Teachers’ Collective Bargaining Agreement. Any revisions to this Board Policy, including changes in the designation of Educational Administrators, must be approved by the Board of Trustees after consultation with the District Academic Senate President and prior to the job announcement. If the District Academic Senate disagrees with the changes, the District Academic Senate shall be provided with an opportunity to present its views to the Board of Trustees before the Board makes a determination and that the written record of the decision, including the views of the District Academic Senate, shall be available for review pursuant to Section 87358. Source of Law: Education Code Sections 87454; 87458; and 87732 Title 5 Regulations Wong v. Ohlone College, 137 Cal.App.4th 1379 Approved by Board of Trustees: Approved by District Academic Senate: Peralta Community College District Board Policy # 3.92 Attachment A: Educational Administrator Positions The following positions are considered “educational administrator” positions for the purposes of this policy: Chancellor Vice Chancellor for Educational Services Associate Vice Chancellor of International Affairs & Distance Education Associate Vice Chancellor of Student Support Associate Vice Chancellor of Academic Affairs Director of Research Director of Student Support Director of International Education Director of Development College President Vice President of Instruction Vice President of Student Services Divisional Dean of Instruction Dean of Student Services