Chapter VI Faculty/Instruction

B6.1 Faculty:   The term "faculty" means personnel with specialized training in their respective fields. Each member of the faculty is assigned to provide professional service in the area of the faculty member's specialization, that is, teaching, or librarianship.

B6.1.1  Ranked Faculty:    Ranked faculty are tenure-track, full-time, regular  faculty, or librarians who hold continuing budgeted positions within a department as Instructors, Assistant Professors, Associate Professors, and Professors. They are eligible for tenure and promotion upon fulfillment of the requirements set forth in the following policies.

B6.1.2  Unranked Faculty:   Unranked faculty are non-tenure-track term faculty, adjunct faculty, Teaching Fellows, and Assistant Instructors who are not eligible for tenure and promotion in rank as set forth in the following policies.

B6.2  Academic Freedom and Propriety:   The concept of academic freedom must be accompanied by an equally demanding concept of responsibility and propriety.

B6.2.1   Freedom:   Faculty must be free from fear that others, inside or outside the College community, may threaten their professional careers or the material benefits accruing from them. The right to protection on the basis of academic freedom will be honored especially while any faculty member is the subject of termination or nonrenewal proceedings.

B6.2.1.1   Faculty must be free to pursue scholarly inquiry without undue restrictions and to voice and to publish their findings.  

B6.2.1.2   Faculty are entitled to full freedom in the classroom in discussing the subject that they teach.   

B6.2.1.3  Faculty, when they act as citizens of the nation, the State, and the community, must be free from institutional censorship or discipline.  

B6.2.2   Professional Propriety:  Exercise of professional propriety by faculty members includes recognition that the public will judge their profession and their institution by their statements.  

B6.2.2.1   They should strive to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to avoid creating the impression that they speak or act for their College when they speak or act as private persons.

B6.2.2.2   They should be judicious in the use of controversial material and should introduce such material only as it has a clear relationship to their field and to the topic being taught.

B6.3   Fundamental Responsibilities of Ranked and Unranked Faculty:     The fundamental responsibilities of ranked faculty are identified in  B6.3.1, Professional Practice ,  B6.3.2, Educational Growth ,   and  B6.3.3, Institutional and Community Service . The fundamental responsibilities of full-time unranked faculty are identified in  B6.3.1, Professional Practice   and  B6.3.2, Educational Growth . The fundamental responsibilities of adjunct faculty are limited to those identified in  B6.3.1, Professional Practice .

B6.3.1   Professional Practice  Each member of the faculty, ranked and unranked, is expected to demonstrate professional practice in the area of the faculty member's specialization, that is, teaching, or librarianship.

A6.3.1.1.  Tenure, Tenure Track Faculty, non-tenure-track Term faculty, Adjunct faculty, Teaching Fellows, and Assistant Instructors.

A6.3.1.1.1  Demonstrate skill, knowledge, and abilities in the teaching discipline.

A6.3.1.1.2  Maintain a classroom environment that promotes teaching and learning.

A6.3.1.1.3  Make continuous efforts to advance the quality of instruction.

A6.3.1.1.4  Develop and use a variety of teaching methods and materials to assist students who have differing educational and experiential backgrounds in meeting the course outcomes. 

A6.3.1.1.5  Teach assigned courses in a variety of times and locations in response to institutional need.

A6.3.1.1.6  Meet professional assignments in accordance with the College calendar.

A6.3.1.1.7  Teach assigned classes and laboratories according to the schedule.

A6.3.1.1.8  Provide students with a written and accessible course syllabus that follows the Course Syllabus Guidelines and facilitates a clear understanding between student and instructor of the content, goals, requirements, expectations, evaluation methods and schedule of work.

A6.3.1.1.9  Hold scheduled, posted virtual or physical office hours of at least one (1) hour daily and be available for and encourage conferences with students so there is a clearer understanding of the students’ work and the possibility of improvement. Adjunct faculty are not required to hold office hours as an element of their professional practice.

A6.3.1.1.10   Evaluate students to measure their progress toward achievement of stated course outcomes within the College grade and grade appeals procedures. 

A6.3.1.1.11  Review, evaluate, recommend, and effectively use student learning materials.

A6.3.1.1.12  Maintain appropriate professional relationships with students, colleagues and the community. 

A6.3.1.1.13   Review, evaluate, and revise assessments of program and institutional student learning outcomes and program practices to bring about action plans devised to implement systemic improvement in programs and assure compliance with professional standards, state-mandated guidelines, and requirements of business/industry and higher education. Adjuncts are not required to fulfill this element as part of their professional practice. 

A6.3.1.3 Librarians

A6.3.1.3.1   Demonstrate skill, knowledge and abilities in library services.

A6.3.1.3.2   Maintain a library environment that promotes teaching and learning. 

A6.3.1.3.3   Make continuous efforts to advance the quality of library services and resources.

A6.3.1.3.4  Work assigned schedule at a variety of times and locations in response to institutional need.

A6.3.1.3.5   Meet professional assignments in accordance with the College calendar and other required deadlines.

A6.3.1.3.6   Review, evaluate, recommend and effectively use library resources in assigned collection development subjects and in performing job duties.

A6.3.1.3.7   Maintain appropriate professional relationships with students, other college employees, and the community.

A6.3.1.3.8    Review, evaluate, and revise library services and practices to assure compliance with professional standards and requirements of various accrediting bodies of which the College is a member.

A6.3.1.3.9    Perform specific assignments as itemized in individual job descriptions developed for each faculty library position.

B6.3.2   Educational Growth:   Each member of the ranked faculty and full-time unranked faculty are expected to demonstrate educational growth.

A6.3.2.1  Participate in the self- evaluation process.

A6.3.2.2  Establish goals and objectives which may include personal and professional development plans in consultation with the department chair.

A6.3.2.3  Maintain professional standards of competence in the discipline and teaching methodology through professional development/engagement activities.

B6.3.3   Institutional and Community Service:  Each member of the ranked faculty is expected to demonstrate institutional and community service.

A6.3.3.1   Assist in academic advising of declared majors.

A6.3.3.2   Assist with marketing programs and recruiting students.

A6.3.3.3   Serve on committees.

A6.3.3.4   Accept special assignments occasionally.

A6.3.3.5   Participate in scheduled institutional activities which include convocation and graduation ceremonies.

A6.3.3.6   Participate in department, divisional, and College meetings.

A6.3.3.7  Participate in College-related activities such as registration and selection of faculty.

A6.3.3.8  Participate in activities required to maintain program and College accreditation standards.

A6.3.3.9  Participate in the College planning process by assisting in the formulation of goals and objectives and budget priorities.

A6.3.3.10  Participate in business and/or community activities that promote the mission of the College.

B6.4  Standards:   Faculty, as set forth herein, should be interested in teaching students to master both the subject matter and the attitudes appropriate to each course taught.

B6.4.1  Methods:  All faculty, ranked and unranked, will develop their own most effective techniques and should vary them to the extent necessary to reach the objectives of students who have varied backgrounds and interests.

B6.4.2 Emphasis:  All  faculty, ranked and unranked, should be available for, and encourage, conferences with students so that there is greater and clearer understanding of the students' work and possibility for improvement. Adjunct faculty are not required to hold office hours as provided at A6.3.1.1.9, but should engage in efforts to be available for students when necessary.

B6.4.3 Text Selection:   Under the leadership of the Department Chair, ranked faculty and full-time unranked faculty are responsible for selection of texts, and all members of the department are expected to use effectively the texts chosen.

B6.5 Evaluation of Faculty:  The Chief Executive Officer (CEO) of the College is responsible for and has the authority for designing and implementing an appropriate system for evaluating the faculty of the College, to include the instructional, and the Library faculty.  Inherent in all of the steps in the evaluation process as applied to any faculty member and as specified herein is the protection of academic freedom as defined in the previous sections of this policy (B6.2).6.2).

B6.5.1 Purposes of Evaluation:  The purposes of evaluation are to (1) advance professional practice and student learning; (2) stimulate educational growth; (3) recognize professional accomplishment; (4) encourage institutional and/or community service; (5) determine if faculty have accomplished their goals from the previous year; (6) assist faculty to set goals for the coming year; (7) make and justify personnel decisions on matters such as retention, tenure, and promotion;  (8) assure that personnel judgments and decisions are fair and impartial; and (9) determine the professional development needs of faculty.

B6.5.2 Criteria for Evaluation:   Ranked faculty will be evaluated pursuant to faculty responsibilities identified in B6.3.1, Professional Practice, B6.3.2, Educational Growth, and B6.3.3, Institutional and Community Service. Full-time unranked faculty will be evaluated pursuant to faculty responsibilities identified in B6.3.1, Professional Practice and B6.3.2, Educational Growth. Adjunct faculty will be evaluated pursuant to faculty responsibilities identified in B6.3.1, Professional Practice.

B6.5.3 Requirements for Evaluation:  All ranked and unranked faculty members, as defined byB6.1, must participate in the faculty evaluation process as set forth herein. Consideration will be given to the fact that the specific professional responsibilities of faculty members may vary as between instructional, counseling and library faculty. The focus of the evaluation and weight to be afforded each of the areas for review will be correspond with the faculty member’s assignment and status and corresponding responsibilities as set forth in B6.3, Fundamental Responsibilities of Faculty.

B6.5.4 Tools for Evaluation:   The student evaluation survey, the Direct Observation of Work Performance Form, the Faculty Annual Self‐Evaluation Form, the Peer Review Direct Observation of Work Performance Form and the Faculty Annual Evaluation by Direct Supervisor Form, will be used to evaluate faculty pursuant to the evaluation policy as described herein. In addition, tenured faculty will also be evaluated on the basis of a peer evaluation. The forms and surveys shall be of a standardized format, identifying areas for evaluation consistent with B6.5.2, Criteria for Evaluation and approved, with the advice of faculty and administration, by the Chief Academic Officer (CAO) charged with the ultimate review and approval of faculty evaluations.

B6.5.4.1 Student Evaluations : Students evaluate faculty through a standardized survey which includes student comments. Student evaluation surveys will be distributed by the CAO to the direct and second level supervisors and include standardized instructions for distribution, administration, and return. The results of student evaluation surveys and student comments will be forwarded to faculty members after final course grades have been submitted. Only faculty with online or classroom assignments will be subject to student evaluations as a tool for evaluation.

B6.5.4.2 Direct Observation of Work Performance:  The Direct Supervisor/Chair will schedule observations of work performance for faculty members, as set forth herein for the various types of faculty. This evaluation component will be satisfied through classroom observations for teaching faculty. The evaluation of librarians shall include on‐the‐job observations in lieu of classroom observation. Depending on the classification of the faculty member, the Direct Supervisor/Chair may schedule additional classroom or on‐the‐job observations as deemed necessary by the Direct Supervisor/Chair, or as requested by the faculty member. Direct observation of work performance outcomes will be documented in the Direct Observation of Work Performance Form.

B6.5.4.3 Peer Evaluation:  Evaluation of tenured faculty will include a peer evaluation component.

B6.5.4.3.1 Implementation:  Beginning on May 1, 2013, and no later than May 1st of each academic year following thereafter, the CAO, with the assistance of the Del Mar College Faculty Council Chair and Chairs Council Chair, will select a peer review committee whose annually appointed members will be responsible for the completion of peer evaluations of tenured faculty for the academic year following their May 1st appointment. 

B6.5.4.3.2 Peer Committee Selection and Composition:  The  peer review committee shall be comprised of the appropriate number of Professors and Associate Professors required per year to review tenured faculty randomly selected for review. Subsequent to the identification of the ranks of the tenured faculty members scheduled for a B6.5.5.2.2 (b) comprehensive review for the following academic year, the CAO will be responsible for the formation of two pools of all tenured faculty members of Professor and Associate Professor rank employed by the College who have not been scheduled for a comprehensive performance evaluation for the next academic year. The CAO and the Faculty Council Chair and Chairs Council Chair will, together, select committee membership through a random selection from each Professor and Associate Professor pool selected in proportion to the rank of the tenured faculty chosen for review for the next academic year. No later than May 15th of each academic year, selected peer review committee members shall be notified in writing by the office of the CAO of their appointment for the following academic year. Peer review committee members may not serve two consecutive terms.

B6.5.4.3.3 Peer Evaluation Process:  No later than 30 days prior to the initiation of the peer review process for the academic year during which the comprehensive performance evaluations are to be conducted, each peer review committee member shall be randomly assigned, based on rank, an equal number of tenured faculty members scheduled for a peer evaluation review as part of their B6.5.5.2.2 (b) comprehensive review or promotion evaluation for that year. Peer reviewers must be of the same or higher rank as the faculty members being reviewed during any academic year. The CAO shall be responsible for randomly assigning each peer review committee member the names of tenured faculty members scheduled for review. The CAO shall also provide each peer review committee member with the Peer Review Direct Observation of Work Performance Form to be completed for each tenured faculty assigned for review. Each peer review committee member will be responsible for scheduling a direct observation of work performance with each tenured faculty assigned for review. All assigned peer reviews shall be completed by each peer review committee member by the date provided by the CAO consistent with the comprehensive evaluation review or promotion evaluation review established for that academic year. Peer review committee members shall be assigned no more than six peer reviews during any peer review period.

B6.5.4.3.4 Confidentiality:  Each peer review committee member shall maintain as confidential the identity of the tenured faculty members under review and the results of any review. Each peer review committee member shall maintain as confidential their selection to the peer review committee until such time as they have been assigned to tenured faculty for review.

B6.5.4.4 Faculty Self-Evaluation:  Using the standardized Faculty Self‐Evaluation Form, faculty members will complete a self‐evaluation which will identify accomplishments and advancements based on their faculty status as described herein. Faculty members may provide documentation in support of the self‐evaluation and will submit the documentation, in addition to their signed self‐evaluation, to the Direct Supervisor/Chair ten working days prior to the Evaluation Meeting.

B6.5.4.5 Direct Supervisor/Chair Evaluation and Meeting:  For each faculty member, as indicated herein, the Direct Supervisor/Chair will complete a Direct Supervisor Evaluation Form and hold an evaluation meeting with applicable faculty members. The Direct Supervisor/Chair and faculty member will discuss the faculty member’s Faculty Self‐Evaluation, student evaluations, Direct Observation of Work Performance, Direct Supervisor Evaluation Form, grade distributions, areas needing improvement, goals which have been set for the following academic year, and progress and accomplishments in performance.

B6.5.5 Process of Evaluation:  No later than May 1st of each academic year, the CAO will establish and distribute an official calendar with specific deadlines for the various components of the faculty evaluation process for the following academic year. Tenured faculty will be given no less than six months’ notice of the College’s intent to schedule a comprehensive evaluation as provided herein. All components of the faculty evaluation process must be completed no later than March 15th of the academic evaluation year, except in those years where a tenure track or tenured faculty member is under evaluation and review for purposes of promotion. In those cases, the process for review and evaluation set forth inB6.6 will be followed. An evaluation is “complete” upon signature by the faculty member, the Direct Supervisor/Chair and the next level supervisor of the Direct Supervisor Evaluation Form.

B6.5.5.1 Unranked Faculty Evaluation Process:

B6.5.5.1.1 Adjunct Faculty:  

1. Student Evaluations: All courses taught by the adjunct faculty member will be subject to student evaluations.
2. New Adjunct Faculty Members: All newly-hired adjunct faculty members will be evaluated in their first semester of employment.
   1. Direct Observation of Work Performance: Once per academic year, the adjunct faculty member will be subject to one observation by the adjunct faculty member’s Direct Supervisor/Chair/Peer. Within two working days of the classroom observation, the Direct Supervisor/Chair/Peer will discuss the Direct Observation of Work Performance with the adjunct faculty member and complete the standardized Direct Observation of Work Performance Form. If deemed necessary, Chairs reserve the right to observe an adjunct faculty member more than once per semester.
      1. After the fourth term, either consecutive terms or separated terms, the Chair will evaluate the adjunct faculty member every other academic year. The Chair may elect to conduct classroom observations or evaluate the adjunct faculty member by alternative measures. Chairs maintain the right to evaluate adjunct faculty more frequently.
      2. Alternative Means of Evaluating Adjunct Faculty Members: For circumstances whereby a direct observation of an adjunct faculty member cannot be made, the Supervisor/Chair/Peer may use other criteria to gain evidence of professional effectiveness; this criteria may include but is not limited to examination of i) grade distributions, ii) course syllabus, iii) assessment data, and iv) final exam data. By definition a Peer is fulltime faculty as designated by the Supervisor/Chair at Del Mar College. A Chairperson is not to assign an individual Peer more than two observations per academic year.

B6.5.5.1.2 Full-time, Unranked Faculty -Assistant Instructors / Term Faculty/Academic Fellows:

a) Student Evaluations:  All courses taught by the full‐time, unranked faculty member will be subject to student evaluations. 

b) Direct Observation of Work Performance: Once per term of appointment, the full‐time, unranked faculty member will be subject to one observation by the full‐time, unranked faculty member’s Direct Supervisor/Chair/Peer. By definition, vide supra, a Peer is fulltime faculty as designated by the Supervisor/Chair at Del Mar College.Within two business days of the classroom observation, the Direct Supervisor/Chair will discuss the Direct Observation of Work Performance with the full‐time unranked faculty member and complete the standardized Direct Observation of Work Performance Form. 

c) Faculty Self-Evaluation:  Using the standardized Faculty Self‐Evaluation Form, full‐time, unranked faculty members will complete a self‐evaluation once per term of appointment that will identify accomplishments and advancements, as well as goals for performance in the areas set forth in the evaluation form consistent with the criteria for evaluation identified in Del Mar College policyB6.3.1, Fundamental Responsibilities of Faculty, Professional Practice. The full‐time, unranked faculty member may provide documentation in support of the self‐evaluation and will submit the documentation, in addition to their signed self‐evaluation, to the Direct Supervisor/Chair five working days prior to the Evaluation Interview. 

d) Direct Supervisor/Chair Evaluation of Faculty and Meeting:  Using the Faculty Annual Evaluation by Direct Supervisor Form, the Direct Supervisor/Chair will summarize and evaluate the faculty member’s performance once per term of appointment. The Direct Supervisor/Chair will meet with the faculty member to review the Direct Supervisor Evaluation form, and the results of other evaluation tools, as required byB6.5.4.5 by March 15th.

B6.5.5.2 Ranked Faculty Evaluation Process:

B6.5.5.2.1 Tenure Track Faculty:  Tenure track faculty will be evaluated pursuant to the following process and timetable prior to eligibility for promotion or when the intent to seek promotion is not declared. In those years when promotion is sought, the evaluation process set forth atB6.6 shall be followed.

a) Student Evaluations:  Two courses taught by the tenure track faculty member will be subject to student evaluations during the fall semester of the academic year. 

b) Direct Observation of Work Performance:  Once per academic year, the tenure track faculty member will be subject to direct observation of work performance by the tenure‐track faculty member’s Direct Supervisor/Chair.  Within two working days of the observation, the Direct Supervisor/Chair will discuss the Direct Observation of Work Performance with the full‐time unranked faculty member and complete the standardized Direct Observation of Work Performance Form. 

c) Faculty Self-Evaluation:  Using the standardized Faculty Self‐Evaluation Form once per year, tenure track faculty members will complete a self‐evaluation which will identify advancements and accomplishments with regard to professional practice, educational growth, professional accomplishment, and institutional and/or community service and performance in the areas set forth in the evaluation form consistent with the criteria for evaluation identified in Del Mar College policy B6.3, Fundamental Responsibilities of Faculty. The tenure track faculty member may provide documentation in support of the self‐evaluation and will submit the documentation, in addition to their signed self‐evaluation, to the Direct Supervisor/Chair ten working days prior to the Evaluation Interview. 

d) Direct Supervisor/Chair Evaluation of Faculty and Meeting:  Using the Faculty Annual Evaluation by Direct Supervisor Form, the Direct Supervisor/Chair will summarize and evaluate the faculty member’s performance each academic year. The Direct Supervisor/Chair will meet with the tenure track faculty member to review the Direct Supervisor Evaluation form, and the results of other evaluation tools, as required byB6.5.4.5 by March 15th.

B6.5.5.2.2  Tenured Faculty: Tenured faculty will be evaluated pursuant to the one of the following processes, but no more than once per year pursuant to any process.  

a)  Annual Evaluations for Assistant Professors and Associate Professors: Tenured faculty holding Assistant Professor and Associate Professor ranks will be evaluated annually pursuant to the following process when the intent to seek promotion is not declared, or a comprehensive performance evaluation process is not due or scheduled. 

1)  Student Evaluations: The Direct Supervisor/Chair of the tenured faculty member will choose two classes taught by the tenured faculty member that will be subject to student evaluations during the course of the academic year. Student evaluations will be used to assist tenured faculty members in monitoring their own professional development and by the tenured faculty members’ Direct Supervisor/Chair to make suggestions for improvement as to professional development, if necessary. Cumulative student evaluations for the period preceding the comprehensive performance evaluation process will be considered by the Direct Supervisor/Chair as part of the comprehensive evaluation process completed for tenured faculty every two years.       

2)  Self-Evaluation: Using the standardized Faculty Self‐Evaluation Form, tenured faculty members are required to include a log listing educational growth, professional activities, and accomplishments in their subject areas, related professional service to the College and community, contributions to department, division, and institution goals, and/or other areas of professional activity identified in B6.3. Tenured faculty may also attach documentation to the self‐evaluations they believe should be considered by the Direct Supervisor/Chair, which may include documentation attesting to such practice, growth, activity, accomplishment, and/or contribution identified in the self‐evaluation.

3)  Direct Supervisor/Chair Evaluation of Faculty and Meeting: Using the Faculty Annual Evaluation by Direct Supervisor Form, the Direct Supervisor/Chair will summarize and evaluate the faculty member’s performance consistent with the criteria set forth inB6.5.2. The Direct Supervisor/Chair will meet with the tenured faculty member to review the Direct Supervisor Evaluation form, and the results of other evaluation tools, as required by B6.5.4.5 by March 15th.

b)  Comprehensive Performance Evaluation Process: In the interest of promoting the professional development of tenured faculty, all tenured faculty, including those holding administrative positions, will receive a comprehensive performance evaluation pursuant to the following process in those years when the intent to seek promotion has not been declared.

1)  Schedule: No later than April 15, 2013, the Chief Academic Officer (CAO) will randomly select 50% of the then tenured faculty for receipt of a comprehensive performance evaluation in the 2013‐2014 academic year and then every two years thereafter for Associate Professors and Assistant Professors reviewed and every three years thereafter for Professors reviewed. The remaining 50% of the then tenured faculty will be scheduled for receipt of a comprehensive performance evaluation in the 2014‐2015 academic year and then every two years thereafter for Associate Professors and Assistant Professors reviewed and every three years thereafter for Professors reviewed. The random selections of tenured faculty chosen for each evaluation year will proportionately reflect the percentage composition of tenured faculty by rank. Faculty promoted to tenured status as of spring 2012 and thereafter will receive a comprehensive performance evaluation every two years after the spring semester when tenure was conferred if promotion is not otherwise sought until they reach the rank of Professor at which time they will receive a comprehensive performance evaluation every three years. 

2)  Direct Observation of Work Performance: As part of the comprehensive evaluation process, tenured faculty members will be subject to one direct observation of work performance by the tenured faculty member’s Direct Supervisor/Chair for the academic year when the comprehensive performance evaluation is to be completed.  Within two working days of the observation, the Direct Supervisor/Chair will discuss the Direct Observation of Work Performance with the tenured faculty member and complete the standardized Direct Observation of Work Performance Form. 

3)  Student Evaluations: Cumulative student evaluations for the period preceding the comprehensive performance evaluation process will be considered by the Direct Supervisor/Chair as part of the comprehensive evaluation process. 

4)  Self-Evaluation: Using the standardized Faculty Self‐Evaluation Form, tenured faculty members are required to include a log listing educational growth, professional activities, and accomplishments in their subject areas, related professional service to the College and community, contributions to department, division, and institution goals, and/or other areas of professional activity identified in B6.3. Tenured faculty may also attach documentation to the self‐evaluations they believe should be considered by the Direct Supervisor/Chair, which may include documentation attesting to such practice, growth, activity, accomplishment, and/or contribution identified in the self‐evaluation.

5)  Peer Evaluations:  The comprehensive evaluation process will include one peer evaluation completed in the fall semester, as described in B6.5.4.3.

6) Direct Supervisor/Chair Evaluation of Faculty and Meeting:  Using the Faculty Annual Evaluation by Direct Supervisor/Chair Form, the Direct Supervisor/Chair will summarize and evaluate the faculty member’s performance consistent with the criteria set forth inB6.5.2. and include consideration of the results of the Direct Observation of Work Performance, the Faculty Self Evaluation, peer evaluations, and student evaluations.  The Direct Supervisor/Chair will meet with the tenured faculty member to review the Direct Supervisor Evaluation form, and the results of other evaluation tools, as required by B6.5.4.5 by March 15th.

c)  Promotion Evaluation Process: In those years when promotion is sought by tenured faculty, the evaluation process set forth at B6.6 shall be followed.

B6.5.6 Process for Review of Evaluations by Next Level Supervisor:

B6.5.6.1  Five working days prior to the Direct Supervisor/Chair’s meeting with the faculty member as described in B6.5.4.5; the Direct Supervisor/Chair will forward the evaluation materials to the Division Next Level Supervisor. The Next Level Supervisor will review the materials, which includes the evaluation forms and other evidence of the faculty member’s work forwarded by the Direct Supervisor/Chair. The Next Level Supervisor will sign the evaluation form as a reviewer indicating agreement or disagreement with the Direct Supervisor/Chair’s evaluation, noting any areas that need special attention.

B6.5.6.2  The Next Level Supervisor will forward to the CAO any faculty evaluations for which there is disagreement about ratings between Direct Supervisor/Chair and Next Level Supervisor or where there is an indication a personnel action, including disciplinary action, is warranted.

B6.5.6.3  The CAO will review those evaluations forwarded by the Division Next Level Supervisor and make appropriate personnel action recommendations, including disciplinary actions. In the event of personnel action recommendations, copies of annual evaluation materials from previous years will be forwarded with the current year’s material as a comprehensive file.

B6.5.6.4  Finalized original evaluation files will be forwarded to and retained by the Office of Human Resources department, with a copy to be retained by the Direct Supervisor/Chair and a copy provided to the faculty member.

B6.5.7 Faculty Appeal and Grievance of Evaluation Process:  Consistent with the due process protections afforded employees and faculty under state and federal law, faculty may grieve and, or appeal evaluation results as follows:

B6.5.7.1 Definitions:

a)  Good Cause: “Good cause” for discharge is defined byB5.11.4. 

b)  Neglect of Duty: “Neglect of duty” by a faculty member is defined as continuing or repeated substantial neglect of professional responsibilities. 

c)  Incompetency: Incompetency is defined as gross ignorance of faculty duties identified inB6.3, Fundamental Responsibilities of Faculty, and, or gross carelessness in the discharge of those duties such that the act(s) or omission(s) are the result of a conscious indifference to those duties.

d)  Disciplinary Action: A disciplinary action is defined as suspension without pay, reduction in pay, demotion, revocation of tenure, written reprimand, and professional sanctions, including work improvement plans that are in writing and made part of the faculty member's personnel file. Actions involving the regular assignment of work responsibilities, such as teaching assignments or committee service, are not considered disciplinary actions. Oral reprimands and oral counseling are not considered disciplinary actions.

B6.5.7.2 Unranked Faculty:

a)  Unranked faculty may grieve the results of a final faculty evaluation utilizing the process set forth atB5.43. 

b)  Final evaluations completed for unranked faculty which result in a recommendation for disciplinary action involving a reduction in pay, a suspension without pay, or for termination to occur prior to the expiration of a term contract, may be appealed pursuant to the process set forth atB6.9 prior to the imposition of the disciplinary action.

B6.5.7.3 Tenure Track Faculty: 

a)  Tenure track faculty may grieve the results of a final evaluation utilizing the process set forth at B5.43.

b)  Final evaluations completed for tenure track faculty, which result in a recommendation for disciplinary action involving a reduction in pay, a suspension without pay, or for termination to occur prior to the expiration of the one year term of their contract, may be appealed pursuant to the process set forth at B6.9 prior to the imposition of the disciplinary action.

B6.5.7.4 Tenured Faculty: 

a)   Annual Evaluations:  The results of annual evaluations for tenured Assistant Professors and tenured Associate Professors, conducted pursuant toB6.5.5.2.2 (a), may be grieved and, or appealed as follows:

1)    Tenured Assistant Professors and tenured Associate Professors may grieve the results of a final evaluation utilizing the process set forth at B5.43. 

2)  Annual evaluations completed for tenured Assistant Professors and tenured Associate Professors, which result in a recommendation for disciplinary action involving a reduction in pay, suspension without pay or termination may be appealed pursuant to the process set forth at B6.9 prior to the imposition of the disciplinary action.

b)  Comprehensive Performance Evaluations: As provided by State law, Del Mar College is required to notify tenured faculty that they may be subject to revocation of tenure or other appropriate disciplinary action if incompetency, neglect of duty, or other good cause is determined to be present as the result of a comprehensive performance evaluation. The results of Comprehensive Performance Evaluations, conducted pursuant to B6.5.5.2.2(b), may be grieved or appealed as follows:

1)  Tenured faculty may grieve the results of a comprehensive performance evaluation that does not involve a disciplinary action utilizing the process set forth at B5.43.

2)  Comprehensive performance evaluations completed for tenured faculty resulting in a recommendation for disciplinary action, not involving termination, a reduction in pay, or suspension without pay, may be appealed as provided byB6.39, prior to the imposition of any disciplinary action.

3)  Comprehensive performance evaluations completed for tenured faculty involving a reduction in pay or suspension without pay may be appealed pursuant to the process set forth atB6.9 prior to the imposition of the disciplinary action.

4)  A tenured faculty member recommended for termination on the basis of the results of a comprehensive performance evaluation will be given the opportunity for referral of the matter to a nonbinding alternative dispute resolution process as described in Chapter 154 of the Texas Civil Practice and Remedies Code, or may choose the process provided by the College at B6.9.

c)  Promotion Evaluations: Evaluations completed for tenured faculty pursuant to the promotion process, which result in a denial of promotion, may be appealed as set forth in B6.6.9 and may also be grieved as set forth in B5.43.

B6.5.8 Changes to Evaluation Policy and Forms:   Changes to the Faculty Evaluation Policy must be approved by the Chief Academic Officer (CAO), the Dean/Deans’ Council, the Direct Supervisor/Chairs’ Council, and the Faculty Council. The standardized student evaluation survey, the student evaluation survey instruction sheet, the Faculty Annual Self-Evaluation Form, the Faculty Annual Evaluation by Direct Supervisor Form, the Direct Observation of Work Performance Form, the Peer Evaluation Survey Form and other standardized forms as needed are subject to periodic review and revision under the authority of the CAO, with the advice of faculty and administration.

B6.6 Faculty Promotion in Rank:  The Chief Executive Officer (CEO) of the College is responsible for and has the authority for designing and implementing an appropriate system for the promotion of faculty members in academic rank. Title ranks are Instructor, Assistant Professor, Associate Professor and Professor.

B6.6.1 Promotion Eligibility:  In order to be eligible for promotion consideration, a faculty member must have completed the following requirements in a full-time tenured or tenure-track position. The Chief Executive Officer (CEO) is authorized to grant exception to minimum education requirements. 

B6.6.1.1 Assistant Professor:   To be eligible for consideration for promotion to the rank of Assistant Professor, a faculty member must have completed a minimum of three (3) years as an Instructor at Del Mar College. The minimum education requirement for promotion to this rank is a bachelor’s degree, unless the faculty member is teaching in a technical discipline which requires a minimum education of an associate's degree, combined with field experience. In this case, 4 years of field experience with an associate's degree within the discipline can be submitted for a bachelor's degree.

B6.6.1.2 Associate Professor:   To be eligible for consideration for promotion to the rank of Associate Professor, a faculty member must have completed a minimum of four (4) years as an Assistant Professor at Del Mar College. The minimum education requirement for promotion to this rank is a bachelor’s degree, unless the faculty member is teaching in a technical discipline which requires a minimum education of an associate's degree, combined with field experience. In this case, 4 years of field experience with an associate's degree within the discipline can be substituted for a bachelor's degree.

B6.6.1.3 Professor:   To be eligible for consideration for promotion to the rank of Professor, a faculty member must have completed a minimum of five (5) years as an Associate Professor at Del Mar College. The minimum education requirement for promotion to this rank is a master's degree, unless the faculty member is teaching in a technical discipline which requires a minimum education of an associate's degree, combined with field experience. In this case, 6 years of field experience with an associate's degree within the discipline can be substituted for a master's degree. 

A6.6.2 Requirements for Promotion:  Promotion of faculty members in rank in recognition of merit should serve to encourage improvement in instruction and its corollary, faculty development. In order to receive service credit towards promotion/tenure for the first year of employment, a faculty member must have been hired prior to November 1 of their first academic year. To meet eligibility for promotion consideration, a faculty member must have completed the following requirements in a full-time tenured or tenure-track position. 

A6.6.2.1  When a faculty member has completed a minimum of three (3) years as an Instructor at Del Mar College and holds at least a bachelor’s degree, the faculty member's name will then enter into consideration for promotion to the rank of Assistant Professor.

A6.6.2.2  When a faculty member has completed a minimum of four (4) years as an Assistant Professor at Del Mar College and holds at least a bachelor’s degree, the faculty member's name will then enter into consideration for promotion to the rank of Associate Professor.

A6.6.2.3  When a faculty member has completed a minimum of five (5) years as an Associate Professor at Del Mar College and holds at least a master’s degree, the faculty member's name will then enter into consideration for promotion to the rank of Professor. 

A6.6.3 Exceptions and Leaves of Absence:   The CEO is authorized to grant exception to minimum education requirements. Unpaid leaves of absence granted under B6.15 do not count in the years required in a rank before faculty are eligible to be considered for promotion. A faculty member may not be considered for promotion in any year for which unpaid leave has been granted under B6.15.

A6.6.4 Promotion and Tenure:  Promotion to the rank of Assistant Professor or higher confers tenure.

A6.6.4.1  Tenure track faculty employed and promoted by the College during the 2011-2012 academic year, pursuant to B6.6, will be classified as “tenured,” as defined by B6.7, as of September 1, 2012, without further review and promotion.

A6.6.5 Promotion Schedule:   By September 15 each year, the Dean notifies the Chair and the faculty member that the faculty member is eligible to be considered for promotion. The faculty member thus notified must respond in writing to the Chair by September 25. If the faculty member responds in the affirmative, the faculty member's candidacy will go forward through the process to the level of Chief Academic Officer (CAO) By September 30, the Chair will notify the Dean of the response of the faculty member. 

A6.6.5.1  Faculty members may withdraw their names at any time in the promotion process, in which case their candidacy will be ended until the following September. 

A6.6.5.2  Failure of the faculty member to respond to the Chair in writing by September 25 will end  eligibility to be considered for promotion until the following September. 

A6.6.6 Promotion Recommendation:   The evaluation interview with the Chair will be held by November 15. In addition to the evaluation materials, the Chair will complete a Promotion Recommendation (ADM 032), including the most salient points for the recommendation. 

A6.6.6.1  The Chair’s evaluation will be conducted in accordance with B6.5.5.2.1 or B6.5.5.2.2, as applicable.

A6.6.6.2  In order to serve the purposes established by B6.5.1, all evaluations, whether prepared by the faculty member, the Chair, or the Dean, shall address the faculty member’s fundamental responsibilities (B6.3) and professional propriety (B6.2.2). For every conclusive statement in the evaluation as to the existence of some material fact, there must be specific facts and/or events detailed or documentation attached to support the conclusion. Evaluations must report on the progress made in reaching the prior year’s goals. Prior year evaluations must be forwarded in accordance with B6.5.6.3 when personnel actions are being considered.

A6.6.6.3  Evaluation materials shall include, but not be limited to, evaluations discussed in B6.5.5.2.1 or B6.5.5.2.2, as applicable.

A6.6.6.3.1  Faculty self-evaluations shall conform to B6.5.4.4 and shall specifically establish goals to improve performance in the classroom, and address educational growth, professional activities, and contributions to the department, division, the College, and the community. 

A6.6.6.3.2  Evaluation materials for tenured faculty seeking promotion shall include feedback and documentation collected pursuant to the peer evaluation process discussed in B6.5.4.3.

A6.6.6.3.3  In order to demonstrate that faculty members have met their fundamental responsibilities as described in B6.3, they must either include in their self-evaluations a log listing educational growth, professional activities, and accomplishments in their subject areas, related professional service to the College and community, contributions to department, division, and institution goals, and/or other areas of professional activity, or they must attach documentation to the self-evaluations to attest to such practice, growth, activity, accomplishment, and/or contribution.  

A6.6.6.4  Within five (5) working days of the date faculty members have their evaluation interviews with the Chair, they may submit a written response to the Chair’s evaluation and/or recommendation. This written response will be made a part of the promotion file.

A6.6.7 Process Deadlines:   The evaluation materials (as defined in A6.6.6.3), including the computer reports of the student evaluations and grade distributions, and the Promotion Recommendations, will be forwarded to the Division Dean by November 21. The Dean will review the recommendation for each faculty member "eligible for consideration." A negative recommendation by the Chair requires the Dean to hold a joint conference with the Chair and the faculty member on or before January 8. If the Chair’s recommendation is positive, the Dean’s interview will be solely with the faculty member and will occur on or before January 8. The faculty member will have five (5) working days from the date of the Dean’s interview to submit additional material to the Dean for consideration and inclusion in the promotion file. The Dean will add a recommendation whether positive or negative, along with reasons and forward the materials to the CAO by January 15. If the Dean’s recommendation is negative, the faculty member will be notified in writing by addressing the same to the faculty member's Del Mar College address. The faculty member, the Chair and/or the Dean may not add additional statements and/or materials to the promotion file after January 15.  

A6.6.8 Review by the Chief Academic Officer (CAO).:   The CAO will review all promotion recommendations; the CAO has the authority to interview the faculty member, the Chair, and/or the Dean separately or together, and others who may have knowledge of facts to verify or refute information contained in the promotion file. By March 7, the CAO will forward a list of positive and negative recommendations for faculty promotions to the CEO. 

A6.6.8.1  A faculty member receiving the positive recommendation of the Chair, the Dean, and the CAO will be notified by the CAO of recommendation for promotion on or before March 7.

A6.6.8.2  Where there is disagreement in the recommendations or agreement on a negative recommendation by the Chair, the Dean, and the CAO, the CAO will notify the faculty member in writing on or before March 7 by addressing the same to the official mailing address as recorded in the Del Mar College Office of Human Resources and Equal Opportunity/Affirmative Action. The faculty member’s notification will state that the faculty member has the option of either appealing or withdrawing from consideration within five (5) working days of the date on the CAO’s notification letter. A copy of the standard procedures to be followed during an appeal will be attached to the notification to the faculty member. The faculty member’s Chair and Dean will be notified of the disagreement or agreement in recommendations, either orally or in writing. 

A6.6.8.2.1  Failure of the faculty member to file a Notice of Appeal or to withdraw from consideration within five (5) working days of the date on the CAO’s notification letter will result in a negative recommendation to the CEO. 

A6.6.9 Promotion Appeals:   Faculty members shall be free to appeal, in writing, without fear of retaliation or reprisal. They may represent themselves throughout the appeal process or may choose to have one or more designated representatives. 

A6.6.9.1  A faculty member may appeal a negative recommendation to the Promotion Appeals Committee by filing a written Notice of Appeal with the CEO’s Office within five (5) working days after notification by the CAO of the negative recommendation or the disagreement in the recommendations. 

A6.6.9.2  The notice must state the grounds for the appeal.

A6.6.9.3  A designation of a representative by the faculty member must be made in writing by letter to the Chair of the Promotion Appeals Committee (see A6.6.10) with a copy delivered to the office of the CAO, within ten (10) working days after the Notice of Appeal is filed. 

A6.6.10 The Promotion Appeals Committee:  The Promotion Appeals Committee shall be composed of seven (7) full Professors who are not Chairs and who are not in supervisory positions which involve performing faculty evaluations, or in the case of a tenured faculty appeal, who served on the Peer Evaluation Committee as described in B6.5.4.3.2 for the year in which the appeal is taken. Individual Professors are not eligible to serve in two (2) successive years.

The Faculty Council shall develop and, subject to the CEO’s approval, implement an election procedure whereby the Promotion Appeals Committee is elected. The Committee shall be representative of the number of the faculty members in each division and shall include at least one (1) minority faculty member. Librarians shall be included in the Division  that includes the Education discipline. The identification of those elected shall be kept confidential by those involved in the election process except that the Faculty Council Chair shall be notified. 

A6.6.10.1 On March 7, or the first working day thereafter, the CEO shall request the names of the Promotion Appeals Committee members from the Chair of the Faculty Council. The CEO shall designate one Promotion Appeals Committee member to act as temporary chair of the Committee until such time as the Committee first meets.

A6.6.10.2 The first order of business for the Promotion Appeals Committee will be to elect a Chair and a parliamentarian. The name of the elected Chair will be forwarded to the CEO’s office and the office of the CAO, by the fifth (5th) working day after March 7.

A6.6.10.3  The business of the Promotion Appeals Committee will be conducted in accordance with the latest edition of  Roberts’s Rules of Order except where such procedures are in direct conflict with procedures outlined in A6.6.2 through A6.6.22. 

A6.6.11 Notification:  Upon receipt of the Notice of Appeal, the CEO shall notify the CAO and the Chair of the Promotion Appeals Committee of the appeal.  

A6.6.11.1 The CAO shall immediately forward to the CEO’s Office the original and eight (8) complete copies of the promotion file. The promotion file shall include all additional materials considered by the CAO and the CAO conclusions. 

A6.6.12 Initial Duties of the Chair of the Promotion Appeals Committee:  Once elected by the Promotion Appeals Committee, the Chair of the Promotion Appeals Committee, upon notification by the CEO that the Committee’s services shall be needed, shall set a date and time at which the Promotion Appeals Committee will consider each case and conduct any oral argument requested by the faculty member or administration. The Chair shall notify each faculty member who appeals, by letter addressed to the faculty member's Del Mar College address, of the standard procedures to be followed during the appeal and the place, date, and time that the Promotion Appeals Committee will consider the matter. A copy of this notification shall be sent to the respective Chairs and Deans of the faculty members who appeal. 

A6.6.12.1  The date for the hearing shall be no later than the second (2nd) working day after the due date of the administration’s response document. 

A6.6.13 Promotion File:  The CEO shall make the complete promotion file available for review by the faculty member and/or designated representative between the third (3rd) and tenth (10th) working days after the faculty member files the Notice of Appeal. Upon request of the faculty member and/or a designated representative, one (1) complete copy of the promotion file will be provided to the faculty member, who will give a receipt therefore. Thereafter, the original promotion file shall be made available to the Chair of the Promotion Appeals Committee to review.

A6.6.13.1  During any and all reviews of the file by the faculty member and/or a designated representative,  no  material may be added to or deleted from the original file.

A6.6.13.2  The Chair of the Promotion Appeals Committee shall check out seven (7) copies of the promotion file from the CEO’s Office and give a receipt therefore on the eleventh (11th) working day after receipt of the Notice of Appeal. The Chair of the Promotion Appeals Committee is responsible for checking out the copies of the files, distributing the files to the Committee members, obtaining receipts therefore, collecting the files when the Committee work is through, and returning them the CEO’s Office.

A6.6.13.2.1  The Chair of the Promotion Appeals Committee shall provide one (1) complete copy of the file to each Promotion Appeals Committee member by the fourteenth (14th) day after the Notice of Appeal is filed. The Promotion Appeals Committee member will sign a receipt for the copy of the file and shall keep the contents of such file confidential except as authorized in this policy.

A6.6.13.2.2  The Chair of the Promotion Appeals Committee shall ensure that  no  material is added to or deleted from the original file.

A6.6.13.2.3  The contents of the promotion files may neither be disclosed nor discussed by Committee members with persons other than as authorized in this policy.

A6.6.13.2.4  At the conclusion of the work of the Promotion Appeals Committee, the Chair shall ensure that all copies of the original file are returned to the Office of the Chief Executive Officer (CEO). 

A6.6.14 Appeal Document:   Within ten working days after Notice of Appeal has been filed, the appealing faculty member (Petitioner) must file a total of seven copies of an appeal document with the Chair of the Promotion Appeals Committee and deliver a copy of the appeal document to the Office of the Chief Academic Officer (CAO). Failure of the Petitioner to file the appeal document or to deliver a copy of the appeal document to the CAO will be treated as an abandonment of the appeal process and result in a negative recommendation to the CEO. The Petitioner’s appeal document shall contain three (3) parts as follows:

1.  a statement of the facts;

2.  a list of the errors that the Petitioner believes were made by the administration in rejecting the promotion; and

3.  a discussion of each alleged error.

(a) The argument on each alleged error shall contain a short statement of the facts necessary to the resolution of the issue and a discussion of the supporting facts and reasons. The statement should reference the pages or documents in the files where the facts may be found.

(b) Where the alleged error is the improper consideration of material or rejection of material, the substance of the material considered and/or the omitted or rejected material will be described in detail with an explanation of where the material is contained in the file. Where the material is not contained in the file, the Petitioner shall attach a copy of the alleged improperly rejected material to the appeal document.

(c) Where the alleged error is a violation of policy or an improper interpretation of a policy, the policy or policies shall be specifically identified, the alleged violation or improper interpretation shall be detailed, and the Petitioner's interpretation and reasons therefore will be specifically detailed.

A6.6.15 Response Document:   The administration must file seven (7) copies of a response document with the Chair of the Promotion Appeals Committee within ten (10) working days of receipt of the Petitioner’s appeal document and deliver a copy to the Petitioner’s Del Mar College address. Failure of the administration to file the response document will result in the case being presented to the Promotion Appeals Committee for its recommendation without a response document. The administration’s response document shall contain a short statement of the essential facts necessary to resolve the issue; respond to the points raised by the Petitioner; and set forth the administration’s counterpoints and their arguments. 

A6.6.15.1  Any statement of fact, but not conclusions thereon, made by the Petitioner in the appeal document which is not specifically denied by the administration in its response document will be accepted by the Promotion Appeals Committee as correct for its purposes. 

A6.6.15.2  The administration shall designate one (1) or more individuals to represent the administration during the appeal process. The designation must be made in writing by letter from the CAO to the Chair of the Promotion Appeals Committee with a copy delivered to the faculty member at the faculty member's Del Mar College address within ten (10) working days after receipt of the Petitioner’s (faculty member's) appeal document.  

A6.6.16 Request for Oral Argument:   Either party may request an oral argument before the Promotion Appeals Committee by delivering a written request for the argument to the Chair of the Promotion Appeals Committee with a copy of the request to the other party (either to the Office of the CAO, or to the faculty member’s Del Mar College address) within ten (10) working days after the date the Petitioner files the appeal document with the Chair of the Promotion Appeals Committee.

A6.6.16.1  The oral argument shall be conducted in the following manner:   

(1) The oral argument must be solely on the disputed point.

(2) The participants in the oral argument (faculty member, CAO, or their designated representatives) may be requested to answer questions from the Promotion Appeals Committee members to clarify the points they raise in their respective oral argument or in their filed appeal/response documents.

(3) The Petitioner (faculty member) or the Petitioner's designated representative shall present arguments first and shall have one (1) hour to do so.

(4) After the faculty member has presented the argument, the administration shall have one (1) hour to present its side.

(5) Thereafter, the Petitioner shall have an additional twenty (20) minutes to rebut the administration’s argument; may not introduce new material or issues at this time; and may sum up the points of the appeal.

(6) After the Petitioner’s summation, the administration shall have fifteen (15) minutes to rebut any issue raised by the Petitioner and to sum up its points of the appeal. 

A6.6.16.2  Where only one party to the appeal requests an oral argument, the other party will be permitted to present an oral argument if it so chooses.

A6.6.16.3  At the conclusion of the oral arguments, the case is ready for consideration and a recommendation by the Promotion Appeals Committee. 

A6.6.17 Request for Open Meeting:   Each appeal case shall be considered individually in a closed informal manner, unless the faculty member submits a written request to the Chair of the Promotion Appeals Committee for an open meeting with a copy delivered to the Office of the CAO within ten (10) working days of the date the Petitioner files the appeal document with the Chair of the Promotion Appeals Committee. 

A6.6.17.1  After oral arguments have been presented, or where there has been no oral argument, all persons who are not members of the Committee shall be excused from the hearing. The Committee shall then deliberate the case and shall take an initial vote. The Committee’s deliberations, how each Promotion Appeals Committee member voted on the initial vote, and the identity of each Promotion Appeals Committee member who subsequently participated in the majority and minority recommendations, shall be maintained in strict confidence by all Committee members. This procedure will permit the taking of a secret ballot by the Committee, if desired. 

A6.6.17.1.1  The Committee members may discuss the contents of the promotion file among themselves.

A6.6.17.1.2  Where there has been an "open" meeting and/or an oral argument, the Committee by majority vote (four [4] members) may postpone, for two (2) working days only, the deliberation and/or initial vote. 

A6.6.17.2  A majority of the vote (a minimum of four [4]) is sufficient to reach a Promotion Appeals Committee recommendation in accordance with A6.6.18. 

A6.6.18 Committee Recommendation:   The Promotion Appeals Committee shall make either a positive (upholding the appeal) or a negative (rejecting the appeal) promotion recommendation and shall forward a written majority recommendation with minority recommendation attached, if any, within five (5) working days after taking its initial vote, setting forth the reason or reasons for upholding or rejecting the appeal to the CEO of the College and to the faculty member. 

A6.6.18.1  The Promotion Appeals Committee’s statement to the CEO will be as brief as possible. The recommendation must be validated by the signatures of all Committee members on a form provided by the CEO’s Office. It shall state conclusions of fact and reasons relied upon in reaching a recommendation on each material point raised as error by the Petitioner in the appeal document. 

A6.6.18.1.1  One (1) member of the majority, after the initial vote, shall be designated (by majority vote of the majority members) to write the proposed majority recommendation of the Committee. 

A6.6.18.1.2  One (1) member of the minority, after the initial vote, shall be designated (by majority vote of the minority members) to write the proposed minority recommendation of the Committee. 

A6.6.18.1.3  On or before the fourth (4th) working day after the initial secret vote, the Promotion Appeals Committee will meet to consider the written proposed majority recommendation and any written proposed minority recommendation. The documents will be discussed and a final vote will be taken. The document obtaining the vote of four (4) or more committee members at this meeting will go forward to the CEO as the majority recommendation with minority recommendations attached, if any. 

A6.6.19 Inapplicability of the Grievance/Appeals Policy:   The action of the Appeals Committee constitutes the final step in the appeals process. The Grievance/Appeals Policy for Employees does not apply to appeals under this policy.

A6.6.20 Chief Executive Officer Decision and Notification:  The Chief Executive Officer (CEO) of the College shall consider all of the recommendations received from the Chief Academic Officer (CAO) and the Promotion Appeals Committee and render a decision on or before July 1. The faculty member will be notified in writing by addressing the same to the faculty member's Del Mar College address and a second copy mailed to the faculty member's official mailing address as recorded in the Del Mar College Human Resources Office.

A6.6.21 Definitions:   A "working day" is defined as a scheduled administrative staff work day. Administration is defined for this policy to include the CAO, the Deans, and the Chairs. 

A6.6.22 Policy and Procedure Changes :  The CEO may make changes to the administrative sections of this policy as deemed necessary pursuant to B2.3 and subsections.  

B6.7 Tenure:   Tenure is the legal entitlement to continuous employment terminable only for cause or for reason of disability, retirement, program decline, program discontinuance, or financial exigency. Tenure status ensures legal entitlement to certain due process requirements prior to dismissal.

B6.7.1 Application:   The tenure provisions stated hereafter apply only to regular full-time instructional faculty members (also referred to as tenure-track faculty); that is, those holding academic rank as  faculty and librarians. Tenure is not applicable to term appointments.

B6.7.1.1   Persons who perform some instructional duties as well as some administrative duties shall not be covered by tenure provisions unless their services related to the instructional program constitute more than half-time employment or unless they are designated by the Chief Executive Officer (CEO) of the College as instructional faculty members for tenure purposes.

B6.7.1.2  Persons who have achieved tenure relinquish it upon acceptance of a non-tenured position with the College. 

B6.7.2 Probation:  When the administration appoints a person to the rank of regular full-time Instructor or to a higher rank, the administration shall inform that person in writing that the appointment is probationary until tenure is granted. Term appointments are not tenure-track positions.

B6.7.2.1  The probationary term of service at Del Mar College shall be six (6) academic years, except in the event of earlier promotion under B6.6.  

B6.7.2.1.1  Promotion to the rank of Assistant Professor or higher confers tenure.

B6.7.2.1.2  Tenure track faculty employed and promoted by the College during the 2011-2012 academic year, pursuant to B6.6, will be classified as “tenured,” as defined by B6.7, as of September 1, 2012, without further review and promotion.

B6.7.2.2  Years of service at other institutions and leaves of absence shall not be subtracted from the probationary period.

B6.7.2.3  The number of years of credit related to tenure need not be the same and may be fewer than the number of years of experience recognized for salary computation purposes and/or for service awards.  

B6.7.2.4  Each year, Chairs, Deans and the Chief Academic Officer (CAO) may consult with the CEO of the College regarding the renewal or non-renewal of the one year contract of probationary, tenure track faculty. The decision to reappoint or non-reappoint shall be made in the discretion of the CEO of the College as provided at B5.10.2.1.

B6.7.3 Non-reappointment of Tenure Track Probationary Faculty:  Notice of non-reappointment or of intention not to reappoint a non-tenured, tenure track probationary faculty member shall be given in writing as follows:

B6.7.3.1  The notice shall be given no later than March 15 of any academic year of probationary service, and the appointment shall expire at the end of the academic year in which notice is given.

B6.7.3.2  Chairs, Deans and the CAO may consult with the CEO of the College regarding the renewal or non-renewal of the one year contract of probationary, tenure track faculty. Decisions to renew or non-renew the one year contract of probationary, tenure-track faculty shall be in the discretion of the CEO of the College. Probationary, tenure-track faculty shall have no right, expectancy, claim, or entitlement to employment beyond the one year period of time specified in the contract. Prior renewals of the probationary renewing term contract do not establish a right, expectancy, claim, or entitlement to employment beyond the period of time specified in the contract.

B6.7.4 Requirements for Obtaining Tenure:   Revisions Adopted May 13, 2014 In order to receive service credit towards promotion/tenure for the first year of employment, a faculty member must have been hired prior to Nov 1 of their first academic year. The following requirements must have been completed in order for a faculty member to be recommended for tenure:

B6.7.4.1  The faculty member must have completed five (5) academic years of the probationary period; i.e., the faculty member must be in the sixth (6th) academic year of the probationary period, except in the event of earlier promotion under B6.6.

B6.7.4.2  The faculty member must have successfully completed the process for promotion at B6.6 and have met the requirements set forth therein. 

B6.7.5 Procedures for Granting of Tenure:  At the beginning of the sixth (6th) year of probationary status, the faculty member shall be notified by the appropriate Dean to prepare for a comprehensive evaluation by the faculty members Chair by November 15 except in the event of earlier promotion under B6.6. The promotion process set forth in B6.6 shall be utilized by the Chair, Dean, and the Chief Academic Officer (CAO) in making a tenure recommendation.

B6.7.6 Recommendation for Tenure:  The faculty member shall be recommended for tenure in writing by the Chair to the Chief Executive Officer (CEO) through the appropriate Dean and the CAO as provided by the process at B6.6. The recommendations shall be made in the faculty member’s sixth (6th) year of probationary (tenure-track) service, except in the event of earlier promotion under B6.6.  

B6.7.7 Notification of Granting of Tenure:  By May 1 of each year the CEO of the College shall notify successful candidates that they are being granted tenure effective with the beginning of the coming academic year--the beginning of the seventh (7th) academic year of service, except in the event of earlier promotion under B6.6.  

B6.7.8 Appeal:  As provided at A6.6.4, promotion to the rank of Assistant Professor or higher confers tenure. Therefore, a probationary faculty member may appeal the denial of promotion and tenure as provided at A6.6.9 at the time promotion is denied.  

B6.8 Reduction-in-Force Basic Assumptions:  Del Mar College must remain a viable, responsive, and effective institution. This policy recognizes, however, that the College may undergo significant programmatic changes or may face financial exigency which could require reduction in force.  

B6.8.1 Alternatives to Reduction:  Before recommending to the Board a reduction in force, the administration must explore all reasonable alternatives to the termination of tenured faculty positions. These shall include at least the following:

B6.8.1.1  Administration, staff, term, adjunct, and non-tenured positions and salaries, as well as budgets for maintenance, equipment, and supplies shall be carefully examined for reduction or temporary freeze.  

B6.8.1.2  Faculty members who have less than a full class load may be temporarily or permanently assigned teaching duties in another program, if qualified, provided such reassignment will not displace a tenured faculty member in the receiving program.  

B6.8.1.3  Faculty members who have less than a full class load may be temporarily or permanently assigned to available non-teaching duties of comparable status.  

B6.8.1.4  Salary reduction for all faculty members shall be considered in the event of financial exigency where enrollment is not a factor.  

B6.8.1.5  The administration may offer tenured faculty members who qualify for retirement under either the Teacher Retirement System of Texas, pursuant to Texas Education Code, Chapter 3, as amended or the Optional Retirement Program, Texas Education Code, 51.351 et. seq., as amended, a one-time lump sum payment equal to one-half (½) of their current contract salary in addition to payment for accumulated sick leave in accordance with policy approved by the Board of Regents.  

B6.8.1.6  The administration may offer faculty members leaves, normally not to exceed one (1) year, at half (½) pay for the purpose of retraining in program areas where there is need.  

B6.8.2 Prior to Implementation:  Before implementing a reduction-in-force procedure, the Board must determine that the administration has explored all reasonable alternatives as set forth above and that the financial exigency or programmatic changes are of sufficient magnitude to justify the implementation of the reduction-in-force procedure. 

B6.8.3 Definitions:  The following definitions of terms apply in the reduction-in-force policy.

B6.8.3.1  "Retrenchment" or "reduction in force" is that action taken to reduce faculty, administrators, and support staff due to conditions of financial exigency, program discontinuance, or program decline.  

B6.8.3.2  "Retrenchment unit" is a department that consists of one (1) or more programs in an administrative educational unit with a designated Chair or a program that consists of a set of closely related courses offered within a department and carrying the same course prefix. A retrenchment unit will vary according to the nature of the problem. In the case of financial exigency, the entire College shall be the retrenchment unit. In the case of program discontinuance or decline, the program shall be the retrenchment unit.  

B6.8.3.3  "Tenure" ( B6.7) is the legal entitlement to continuous employment terminable for cause or for reason of disability, retirement, program decline, program discontinuance, or financial exigency. Tenure status ensures legal entitlement to certain due process requirements prior to dismissal.  

B6.8.3.4  "Seniority" is status secured by length of service with Del Mar College.

B6.8.3.4.1  Seniority begins on the effective date of employment as shown on the contract. For full-time faculty, seniority begins on the effective day of employment for a tenure-track position. Prior experience at Del Mar College does not count toward seniority, nor does experience other than that at Del Mar College.  

B6.8.3.4.2  Seniority is transferable from one department and/or program area to another.  

B6.8.3.4.3  Seniority is continuous and cumulative during a Board-approved leave of absence for administratively approved educational enhancement.  

B6.8.3.5  A financial exigency, as declared by the Board of Regents, is a financial crisis that shall exist if a bona fide projection of the financial condition of the District indicates that a budgetary deficit will occur during either or both of the next two (2) succeeding fiscal years of the District.  

B6.8.3.6  Program review is the Instructional Program Review Policy ( B6.11) as adopted by the Board of Regents on January 15, 1985, together with any subsequent revisions.  

B6.8.3.7  Program decline is the probational status of a program judged against the core criteria of the Instructional Program Review Policy (B6.11). In rare instances a program in the conditional status may qualify.  

B6.8.3.8  Program discontinuance is the termination of a program as described in the Instructional Program Review Policy ( B6.11).

B6.8.3.9 The academic year begins with the official Faculty Return Day of the fall semester and continues through the day before the scheduled Faculty Return Day of the next fall semester, as defined by the College’s Academic Master Calendar published by the office of the Chief Academic Officer (CAO).  

B6.8.3.10  Appointment year is beginning and ending dates of present employment as stated in the faculty member's contract. Tenure-track appointments will be a minimum of nine (9) months for the purposes of this policy.

B6.8.4  The following sequential order shall be followed with the retrenchment unit when teaching faculty are to be terminated: first, part-time faculty; second, Assistant Instructors; third, full-time, non-tenure-track faculty;  fourth, full-time, non-tenured, tenure-track faculty; and fifth, full-time, tenured faculty. For all Assistant Instructors and full-time non-tenure-track faculty within the retrenchment unit, such factors as seniority and program needs shall be considered in determining the order of reduction.

B6.8.5 Tenure-Track Faculty:  For all tenure-track faculty within the retrenchment unit, the following criteria shall be used in determining the order of reduction.

B6.8.5.1  Seniority shall be given first consideration in reduction, commencing with the least senior faculty member and proceeding in reverse order of years of seniority.  

B6.8.5.2  If two (2) or more faculty members facing reduction have the same seniority status, then faculty members meeting affirmative action policy criteria shall be removed from further consideration for reduction at this seniority level until the following steps are taken.

B6.8.5.2.1  Academic rank shall be the next factor in determining the order of reduction among faculty of equal seniority status commencing with the rank of Instructor and proceeding to the rank of Professor.  

B6.8.5.2.2  Academic degrees held shall be the next factor in determining the order of reduction among faculty of equal seniority and rank status, commencing with the least and proceeding to the most advanced earned degree.

B6.8.5.2.3  Years in rank shall be the next factor in determining the order of reduction among faculty of equal seniority and rank and degree status, commencing with the least number of years in rank and proceeding to the greatest number of years in rank.

B6.8.5.3  After application of the above criteria, if it is still necessary to distinguish among several faculty, the Chief Executive Officer (CEO) of the College shall determine the order of reduction.  

B6.8.5.4  Before starting reduction at the next seniority level, faculty member meeting affirmative action status as described above shall face reduction following the order described: academic rank, earned degrees, and years in rank.  

B6.8.6 Termination Procedures:   The declaration of financial exigency must be presented by the Chief Executive Officer (CEO) of the College to an assembly of the faculty. All relevant documents, facts, figures, interpretations, and statistical data must be made available without charge to any faculty member facing reduction.  

B6.8.7  Full-time, non-tenure-track faculty and Assistant Instructors will be notified by the Chief Academic Officer (CAO) no later than March 15 of each calendar year, of their appointment status for the forthcoming academic year.

B6.8.7.1  By March 15 of each calendar year, the CAO shall transmit copies of this notification to the appropriate Dean and Chair.  

B6.8.7.2  Prior to April 1, a faculty member notified of non-reappointment may request a joint meeting with the appropriate Dean and Chair to review the decision.  

B6.8.8 Procedure for Termination of Non-Tenured Faculty:   Full-time, non-tenured, tenure-track faculty positions may be terminated by reason of financial exigency, program decline, or program discontinuance, provided the following actions are taken.

B6.8.8.1  A termination letter from the CEO of the College shall be received by the faculty member no later than October 1 of the academic year at the end of which termination will occur, stating the effective date of termination, rationale for termination, evidence that the termination priority order has been followed, and evidence that all reasonable alternative actions have been explored.  

B6.8.8.1.1  All faculty of a program in either conditional or probational status must receive a letter from the CEO of the College no later than June 15 of the academic year prior to a termination, in which justification for the conditional or probational status is clearly outlined.  

B6.8.8.1.2  Financial exigency will normally be declared no later than August 31 if faculty in this category are to be terminated at the end of the following appointment year.  

B6.8.8.2  Copies of termination letters shall be transmitted to the appropriate Dean and Chair and to the Chair of the Faculty Council no later than October 1 of the appointment year at the end of which termination will occur.  

B6.8.8.3  Faculty notified of termination shall be afforded the opportunity of joint meeting with the CEO of the College, the CAO, the appropriate Dean, the Department Chair and the Chair of the Faculty Council to review the termination action, on or before November 1 of the appointment year at the end of which termination will occur.  

B6.8.9 Procedure for Termination of Tenured Faculty:  Regular full-time, tenured faculty positions may be terminated by reason of financial exigency, program decline, or program discontinuance provided the following actions are taken.  

B6.8.9.1  A termination letter from the Chief Executive Officer (CEO) of the College shall be received by the faculty member no later than February 1 of the academic year prior to the appointment year at the end of which termination will occur, stating effective date of termination, rationale for termination, evidence that the termination priority order has been followed, and evidence that all reasonable alternative actions have been explored.  

B6.8.9.1.1  Tenured faculty of a program in either conditional or probational status must receive a letter from the CEO of the College no later than June 15 of the academic year prior to the appointment year in which a termination letter would be initiated. This letter must clearly outline justification for the conditional or probational status.  

B6.8.9.1.2  Financial exigency must be declared not later than August 31 if tenured faculty are to receive termination letters during the following academic year, unless there are extreme exceptional circumstances; for example, the Legislature or the Governor has not acted on the appropriations bill.  

B6.8.9.2  Copies of termination letters shall be transmitted, not later than February 1, to the appropriate Dean, the Department Chair, and the Chair of the Faculty Council.  

B6.8.9.3  Faculty notified of termination shall be afforded the opportunity of joint meeting with the CEO of the College, the CAO, the appropriate Dean, the Department Chair, and the Chair of the Faculty Council not later than March 1, following the termination letter, to review the termination action.  

B6.8.9.4  A tenured faculty member facing termination may request a hearing before the Faculty Council, at which the CEO of the College will present administrative justification for the termination action. In this hearing the burden of proof shall rest with the administration. The faculty member may contest any points in the administrative presentation and provide new information. Following review, the Faculty Council shall either concur or not concur with the administrative decision to terminate. The Council’s decision to concur or not to concur, along with the Council’s reasons, shall be transmitted through the CEO of the College to the Board of Regents.    

B6.8.10 Additional Considerations:  All tenure-track faculty, both non-tenured and tenured, terminated under this policy shall be offered the following options. 

B6.8.10.1  If circumstances improve so that reduction of a faculty position within the retrenchment unit is no longer required, a letter from the CEO of the College rescinding the termination notice shall be sent as soon as possible to the appropriate faculty member, the Department Chair, the Dean, and the CAO.  A copy shall be sent to the office of Human Resources and Equal Opportunity/Affirmative Action to be placed in the faculty member's personnel file.  

B6.8.10.2  If the Board of Regents decides to terminate a program under exceptional circumstances without the program having passed through all categories of the Instructional Program Review ( B6.11), then each tenured faculty member within the terminated program for whom suitable alternative employment within the College cannot be found shall receive a one-time-only lump sum payment equivalent to the person's present salary in accordance with the current year's appointment letter. Insurance and health benefits shall continue for a period of three (3) years unless the individual is gainfully employed elsewhere and receiving benefits.  

B6.8.10.3  A terminated faculty member shall have first right of refusal for re-employment within the faculty member's area of expertise for a period of three (3) years with rank and seniority status held at the time of termination. The offer, sent by registered mail, must be accepted or rejected within thirty (30) calendar days of notification. If an offer is rejected, there is no further obligation on the part of Del Mar College.  

B6.8.10.4  Under financial exigency, if there is termination of an appointment, the College will not, at the same time, make new appointments except in extraordinary circumstances where serious distortion of academic programs would otherwise result.  

B6.8.10.5  A terminated faculty member shall be given the opportunity, for a period of one (1) year, to teach part-time within his area of expertise as a need exists.  

B6.8.10.6  A terminated faculty member shall be given reasonable assistance in seeking employment, including explanatory letters of recommendation.  

B6.9 Procedure for Dismissal for Cause of Faculty:   D ismissal for cause procedures apply to a faculty member who is tenured or who is non-tenured with an unexpired term appointment. The procedures in this policy are not applicable to dismissal for sexual misconduct (See  District Policy B9.1 ).  

B6.9.1 Definitions:  The term "faculty member"   shall be defined as the faculty member, counselor, or librarian in question. The term "CAO" shall be defined as the Chief Academic Officer of Del Mar College. The term "CEO” shall be defined as the Chief Executive Officer of Del Mar College. The term "days" shall be defined as calendar days. The term "College" means Del Mar College.    

B6.9.2 Burden of Proof:  The administration of Del Mar College carries the burden of proof to show that the faculty member’s actions warrant dismissal.  

B6.9.3 Termination Benefits:  The faculty member shall not be deprived of any salary or benefits accrued prior to the effective date of dismissal. Unused sick leave pay is forfeited upon dismissal according to the sick leave policy, paragraph B5.27.3.

B6.9.4 Resignation:  If the faculty member submits a written resignation to the CEO, all procedures specified in this policy shall cease. Wherever possible, in lieu of resignation, the faculty member should consider regular or disability retirement. Resignation forfeits unused sick leave pay according to the sick leave policy, paragraph B5.27.3.

B6.9.5 Process:  When alleged circumstances could lead to dismissal for cause under this policy, a fair hearing shall be provided to the faculty member according to the following procedure:  

B6.9.5.1 Mediation Stage:  The immediate supervisor must inform the faculty member in writing that the faculty member may have engaged in conduct which could result in dismissal for cause. A meeting between the faculty member and supervisor shall be held to develop a mutually satisfactory program of resolution to be accomplished within a specified time. If necessary, the next administrator(s) in the line of command, culminating with the VPI, shall serve as mediator(s). All agreements shall be specifically written, dated, and signed by all parties. When the agreed-upon time limit for the program of resolution is reached and the faculty member has fulfilled all agreements, the supervisory administrator(s) shall end the proceedings without   prejudice. If the agreements are not fulfilled, or if a mutually satisfactory program of resolution cannot be developed, the supervisor may extend the program of resolution or forward the case with written recommendations to the CAO.   

B6.9.5.2 Suspension from Normal Duties:  At any time the CAO deems appropriate, the CAO may temporarily reassign or suspend a faculty member whose continuation in the normal role may threaten the welfare of the faculty member, the College, and/or the students. These changes shall not be punitive and shall be at full pay.  

B6.9.5.3 The Chief Academic Officer Decision:  Within five (5) days after receiving the case, the CAO shall confer with the faculty member, supervisor, and academic administrator(s) who attempted mediation. The CAO shall then (1) order reinstatement without prejudice, (2) attempt further mediation, (3) specify in writing the conditions by which the faculty member shall ameliorate the problem, or   (4) issue a written "Notice of Intent to Dismiss." The CAO's decision shall be presented in writing to the faculty member within fifteen (15) days of receipt of the case. A faculty member satisfying the conditions of decision (3) above shall be fully restored to duty and the proceedings closed. If the faculty member rejects the conditions, the CAO may issue a "Notice of Intent to Dismiss." With decision (4), the faculty member may make a request in writing to the CAO for a Dismissal Review Panel hearing, followed by a ruling from the CEO.  

B6.9.5.3.1 Notice of Intent to Dismiss:  The written notice, bearing the date of presentation by the CAO to the faculty member, shall include a detailed description of the following: the grounds warranting dismissal, alleged actions which support the grounds, the faculty member's right to request a hearing by the Dismissal Review Panel, and procedural rights available to the faculty member.  

B6.9.5.3.2 Time Limitations:  Upon receipt of the CAO’s written decision the faculty member is allowed a minimum of twenty-four (24) hours and maximum of ten (10) days to accept the ruling by signing the document or, in the case of decision (4), to request in writing a Dismissal Review Panel hearing and appeal to the CEO. A waiver to extend the time limitation, signed by the faculty member and the CAO, will obviate any time restrictions.  

B6.9.5.3.3 Selection of Dismissal Review Panel:  Within three (3) days of receipt of the written request by the faculty member for a review hearing, the CAO, the faculty member, and the Faculty Council Chair shall meet to determine the membership of the Dismissal Review Panel by the following procedure:    

B6.9.5.3.3.1  The Faculty Council Chair shall place the names of all tenured faculty members into a rotating drum, from which twenty-four  (24) names will be randomly drawn as potential panelists.  

B6.9.5.3.3.2  Within seven (7) days following the drawing, all twenty-four (24) potential panelists, the CAO, the faculty member, and the Faculty Council Chair shall be asked to convene to select the panel. The CAO and the faculty member shall each privately list up to seven (7) peremptory strikes from the panelists.  

B6.9.5.3.3.3  If after those strikes, more than ten (10) panelists remain, the Faculty Council Chair will randomly draw ten (10) names. The first person’s name drawn shall be the panel alternate, who shall attend the hearing but shall vote only when replacing a Panel member. The nine (9) remaining persons shall serve as the Dismissal Review Panel.  

B6.9.5.4  Presentations in Open or Closed Hearing: All presentations to the Dismissal Review Panel shall be closed, unless the faculty member submits a written request for an open hearing to the Panel. The deliberations of the Panel shall be private and closed to all persons other than the Panel.  

B6.9.5.5  The Dismissal Review Hearing: Within ten (10) days after selection of the Dismissal Review Panel, the Chief Academic Officer shall convene the hearing.  

B6.9.5.5.1  The CAO shall provide the following: ten (10) duplicate copies of the "Notice of Intent to Dismiss" to the Panel; the technician(s) and equipment so that a verbatim transcription of the hearing can be made; a mutually agreed-upon campus location for the hearing; and chambers for the Panel. A list of potential witnesses and copies of existing written testimony shall be provided by the CAO to the   faculty member at least twenty-four (24) hours prior to the hearing.  

B6.9.5.5.2  Attorneys-at-Law and/or other designated persons may represent the CAO and the faculty member at any time during the hearing.  

B6.9.5.5.3  Upon convening, the Dismissal Review Panel shall select its chair, who shall preside over the hearing. Even though attorneys may be present, the chair is not bound by judicial protocol.  

B6.9.5.5.4  Only grounds and alleged actions supporting those grounds specified in the "Notice of Intent to Dismiss"  shall be considered at the dismissal review hearing.

B6.9.5.5.5  The Panel shall determine, first, if the grounds justify dismissal. If not, they shall recommend reinstatement without prejudice and shall have no further action on the matter, remanding the case to the CEO. If the grounds are justifiable cause, the Panel shall determine whether alleged actions by the faculty member support those grounds. They may hear evidence presented by the CAO, the faculty member, their representatives, and witnesses; shall permit cross-questioning of witnesses by both sides; and shall judge the case on its merits.  

B6.9.5.5.6  Upon completion of the testimony and deliberation, the Panel shall decide by two-thirds (2/3) majority to recommend to the CEO one of the following: (1) reinstatement without prejudice, (2) dismissal, or (3) disciplinary action. Disciplinary action may include (a) immediate reassignment, (b) reassignment and reevaluation at the end of the semester, academic year, or term contract, or (c) disciplinary action short of dismissal.    

B6.9.5.5.7  The Panel shall forward a written statement of their decision to the CEO. In the event that a two-thirds (2/3) majority decision cannot be reached by the Panel, the statement and hearing transcript shall be forwarded to the CEO with no recommendation from the Panel.  

B6.9.5.6 Transcripts of Hearing:  The CAO shall submit written transcripts of the Dismissal Review Hearing to the CEO and the faculty member within fifteen (15) days following the hearing. The transcripts shall be furnished at no cost to the faculty member.  

B6.9.5.7 Ruling by the Chief Executive Officer:  Within fifteen (15) days following the decision(s) by the CAO and/or receipt of the transcript of the Dismissal Review Panel, the CEO shall inform the faculty member verbally and in writing of the final ruling. Suggested options are: (1) reinstatement without prejudice, (2) continued mediation, (3) amelioration, or (4) dismissal.  

B6.9.5.8 Appeal to the Board of Regents:  If the decision by the Chief Executive Officer (CEO) is dismissal, then the faculty member shall be entitled to appeal to the Del Mar College Board of Regents. The written notice of appeal to the Board must be received by the CEO within ten (10) days following the final decision by the CEO. The Board shall review the case within thirty (30) days following receipt of the written notice of appeal. The Board shall, after reviewing the case: (a) order reinstatement without prejudice; (b) order immediate dismissal; (c) order penalty less than dismissal, including reassignment; or (d) remand the case to the CEO for correction of procedural errors. Under option (d), the case shall revert to the stage in which the procedural error occurred, proceeding from that point to resolution. The decision by the Board of Regents is final, subject to any appeal by law.  

B6.9.5.9 Effective Date of Dismissal:  If the decision for dismissal by the CAO is sustained upon appeal to the CEO and/or the Board of Regents, the effective date of dismissal shall be the date of abandonment of the Del Mar College appeals process or the decision of the CEO, whichever first occurs.  

B6.9.5.10 Time Extensions:  Extension of time limits listed in this policy may be authorized by the CEO upon written request by the faculty member, supervisor, CAO, or the Dismissal Review Panel.  

B6.10 Temporary Change of Assignment:  If the performance of a faculty member gives cause for concern as to the quality, stability, and continuity of the instruction being given, measures short of dismissal may be desirable and appropriate.  

B6.10.1 Possible Action:  The administrative decision to invoke any of the following actions will be made after consultation with the appropriate Department Chair, Dean, the CAO, and, possibly, knowledgeable member(s) of the faculty.

B6.10.1.1  A faculty member may be placed on sick leave with pay for such period as accumulated sick leave permits if a medical condition is a contributing cause.  

B6.10.1.2  A faculty member may be assigned to appropriate non-classroom duties.  

B6.10.1.3  A faculty member may be placed on unpaid leave if no sick leave is available, if sick leave has expired, or if no suitable alternate duties can be performed.  

B6.10.2 Decision:  The CAO shall communicate the decision to the faculty member in a personal conference, or if a personal conference is not possible, in writing.  

B6.10.3 Conference:  The faculty member may request an additional conference with the CEO and such additional persons in attendance as may be appropriate.  

B6.10.4 Appeal:  The faculty member may appeal to the Board of Regents, which will use such procedures as it desires in hearings.

B6.10.5 Time Limit:  These actions are intended to be temporary measures, usually not to exceed one (1) semester; during this time, if it appears that resumption of satisfactory performance of regular duties is not probable, the process for dismissal may be initiated.  

B6.11 Instructional Program Review:  T his review process is a formative evaluation designed to bring about systematic improvement in programs, to identify program needs so that the resources of the institution may be appropriately applied, and to assist in curriculum and staff development.  

B6.11.1 Definition:  An instructional program is a coherent set of courses leading to a credential (degree, diploma, or certificate) awarded by the institution. 

B6.11.2 Time Line:  As long as a program is on positive status, it will be reviewed every five (5) years, but on any other status, a program will be reviewed each year. The findings of the Program Review will be reported to the Board of Regents or the Academic Affairs Committee of the Board.  

A6.11.2.1  An annual calendar with mandatory deadlines will be established by September 1st of each new academic year. The calendar will outline the program review process under the direction of the Chief Academic Officer (CAO) and will be published and updated annually in the Instructional Program Review Guidelines manual.  

B6.11.3 Appeal:  At any time there is a recommendation to the Board to terminate a program, pertinent faculty, staff, students, and advisory committees may make an appeal to the Board.  

B6.11.4 Review Committee:   The Dean with a given program under review will establish a review committee and select members who are closely involved with the program (program faculty, present and/or former students, Chair, Dean), at least one (1) faculty member not in the program, community persons, and advisory council members, where appropriate; the CAO may appoint other members from core or support programs.  

A6.11.5 Performance Criteria in the Assessment of Quality of Instructional Programs:  Eight core criteria will be used to assess the quality of College programs; these criteria require analysis of the degree to which the program is responsive to the institutional mission and objectives, student learning outcomes, program objectives and effectiveness of resource allocations. The eight core criteria are Assessment Processes for Achieving Program Student Learning Outcomes and General Education Competencies, Assessment of Program Objectives, Instruction-Related Activities, Curriculum Integration and Mobility, Student Education Intent, Effective Personnel Utilization, Cost Effectiveness, and Strategic Advantage.  

A6.11.6   Status Report by the Chief Academic Officer :  The status report provides feedback to the program administrator and faculty on the administrative evaluation of the program and may include recommendations, suggestions, and support for the committee’s conclusions. It must include a statement about the program status in one of four categories.  

A6.11.6.l   The status is positive if the review is satisfactory; the program will not be analyzed until the next scheduled review period in five (5) years.  

A6.11.6.2  The status is conditional if there are serious deficiencies in the program's ability to meet institutional criteria. The result is an automatic assignment of the program to annual review status until it can move to positive status.  

A6.11.6.3  The status is probational if the program has spent at least one (1) year in the conditional category and continues to have serious deficiencies. This designation indicates an intent to terminate the program after one (1) year, with right of appeal to the  Chief Executive Officer (CEO) and the Board, unless the deficiencies are suitably corrected.  

A6.11.6.4  The final category, termination, is recommended after a program has been classed as conditional for at least one (1) year and as probation for at least one (1) year with continuing serious deficiencies.  

A6.11.6.5  The CAO forwards the recommendations on the reviewed program to the CEO and the appropriate committee members.  

A6.11.6.6  The CEO reports the findings of the Program Review to the Board of Regents, and when a program is determined to be in the final category, the CEO will recommend termination to the Board for approval. An appeal to the Board is permitted at this time.  

A6.11.6.7   The College administration reserves the right to recommend to the Board the termination of a program under exceptional circumstances (for example, severe and unanticipated drop in enrollment; discontinuance of funds from external sources) without the program having passed through all categories of review.  

A6.11.7 Oversight Responsibility:  The CAO has oversight responsibility for the Instructional Program Review, including detailing of responsibilities of administrators and committees and their time lines, program review data sheets, and the final documents as to content and form. The CAO will guide the procedure from the decision to review a program to the recommendation to the CEO.  

B6.12 Tenure-Track Faculty Salary Structure:  The tenure-track faculty salary schedule consists of four components: common base, rank, education, and experience.  

B6.12.1 Effective September 1, 2021  The schedule establishes a common base for all full-time, tenure-track faculty at $52,000.  

B6.12.2 Additional Components:     To the common base, additions are made for rank, education and experience.   

B6.12.2.1  The rank component is established as follows:

Tenure-Track Faculty Salary Structure

Rank	Increment	Total
Assistant Professor	$2,560	$2,560
Associate Professor	$3,413	$5,973
Professor	$5,688	$11,661

 

B6.12.2.2    The education component is established as follows: 

Upon hire, faculty salaries will be commensurate with the highest earned degree that enhances performance of duties relevant to B6.3 and to the College Mission upon approved documented credentials NOTE: Degrees completed prior to September 1, 2014 that have been evaluated and denied or have not been submitted for evaluation may now be submitted for evaluation under this revised policy no later than May 1, 2015. Completed degrees or additional hours after September 1, 2014 can be submitted for review and evaluation under this revised policy.

To qualify for a salary incrementation on the basis of additional study, the faculty member must have approval of the Department Chair, the Dean, and the Chief Academic Officer (CAO). Central to the question of approval is the relevance of the additional work to the faculty member's duties and responsibilities to the College Mission. Thus it is required that prior approval of the faculty member's plans be obtained in writing.

Tenure-Track Education Structure

Education	Amount
Rate for education hours above Bachelor's	$59
Bachelor plus 30	$1,770
Award of Master's	$668
Award of Master's in Fine Arts (MFA)	$1,214
*Master's Total	$2,438
*#MFA Total	$2,984
*#MFA or Master's plus 60	$3,540
*#Award of Doctorate	$2,640
*Doctorate + with Master's	$8,648
*Doctorate + with MFA	$9,194

A6.12.2.2.1 A faculty member requesting consideration for salary increment based on additional education must complete a PER 070 form prior to commencing additional college/university courses.

B6.12.2.3 The experience component is established for each year of approved-for experience-pay as follows:

Tenure-Track Faculty Experience Structure

Approved Years	Amount
No Cap	$829.00 each approved year.

B6.13  The Chief Executive Officer (CEO) shall approve salary structures for Teaching Fellows, Assistant Instructors, adjunct faculty, and substitutes, as well as Chair stipends and other salary arrangements.

> A6.13.1 Adjunct Faculty Teaching Salary Schedule:  The education component is established as follows: Upon hire, faculty salaries will be commensurate with the highest earned degree that enhances performance of duties relevant to B6.3 and to the College Mission upon approved documented credentials. Adjunct faculty teaching semester hour courses will be paid as follows:

Adjunct Faculty Salary Structure

Lecture Hours/Experience	Amount
3 hours lecture per week bachelor's degree	$2,205
Master's Degree, or Assistant Professor Rank for FT Faculty Overload Pay	$2,625
MFA if teaching Art, Drama or ENGL 2307: Creative Writing or Associate Professor Rank for FT Faculty Overload Pay	$2,888
Doctorate or Full Professor Rank for FT Faculty Overload Pay	$3,150
1 laboratory hour per week bachelor's degree	$420
any master's degree	$420
Doctorate	$420

 

A course which meets for three (3) lecture hours per week per long semester is the standard on which compensation is based. Courses which meet for more or fewer lecture hours per week will be adjusted. Courses which have laboratory hours will pay an additional $420 per laboratory hour per semester.

Example:
Compensation for a course with three (3) lecture hours and one (1) laboratory hour per week taught by an adjunct faculty member with a master's degree would be $3,045 ($2,625 for lecture plus $420 for lab).

Compensation for adjunct faculty teaching courses which do not follow the lecture/laboratory structure must be approved by the Chief Academic Officer.

Skills Trainers who facilitate student skills development in a laboratory and/or clinical environment and who do not serve as the teacher-of-record for the course will be paid at a minimum rate of $25.00 per hour.  Skills Trainers are typically used in health career and public safety programs where lower student-teacher ratios are required for safety measures and skills development.

A6.13.2 Pay Scale for Substitute Teaching:   If full-time faculty substitute for either full-time or part-time faculty and if part-time faculty substitute for either full-time or part-time faculty up to and including the sixth (6th)  day of absences from a class (semester-hour programs) and the sixth hour (clock-hour programs), they shall be paid as follows: 

Pay Scale for Substitute Teaching

Class Lecture per Hour	Lecture/Lab Combination Clock Hour	Lab	Supervision of Exam
$20.00	$18.50	$17.00	$10.00

Beyond the days/hours shown above, beginning on the seventh (7th) day/hour, the substitute rate is time-and-one-half as long as the semester and the teacher of record do not change. If the administration changes the teacher of record, providing the absence is still in effect, the salary of the substitute will be prorated adjunct salary from the time of change. If department members choose to substitute for a colleague after leave is exhausted, and if the faculty substitute free of charge to the College, the salary of the absent employee is not reduced as long as classes are taught under this agreement (and with the Chair's written approval) within the semester in which the classes are scheduled

If another term begins while the employee is absent, (a) another teacher of record may be designated, (b) the remaining sick leave days, if any, may be used under the substitute rate, or (c) the department may choose to continue to substitute free for a time agreed upon by the administration, the Department Chair/supervisor and the substitute.  

Deans and other administrators of the College who are employed on a full-time basis will not be paid for substitute teaching. 

A6.13.3  Assistant Instructors and Fellows will be paid 100% of the common base salary. Pay for experience accrues within the same job status.  

A6.13.4  Full-time faculty pay is not adjusted for absences that may be charged against accumulated sick leave or personal leave, nor for librarians' use of their accumulated vacation leave.  Similarly, full-time faculty pay is not adjusted for absences for jury duty in accordance with B5.31 or to attend professional development activities that have been pre-approved by the department chair.

An adjunct faculty who is absent and whose at-will employment has not been terminated will incur a pay deduction equal to the cost of the substitute for the first three lecture/lab hours that a substitute is provided.  If an adjunct cancels a class without arranging for a substitute who has been approved by the chair or if the adjunct has been absent for more than three lecture/lab hours of the course, and the adjunct's at-will employment has not been terminated, then the adjunct's pay adjustment will be prorated based on the adjunct's semester pay rate for the course.  Pay is not adjusted for absences for jury duty in accordance with B5.31.  

For example, an adjunct with a masters' degree who is paid $2,110 for a three-hour lecture course will incur a deduction of $17.47 per hour for the cost of a lecture substitute for the first three hours of absences in that course during the semester, if arrangements have been made for a substitute.  For the fourth hour or more of absence, the adjunct's pay will be adjusted by dividing the semesterly pay rate for the course ($2,110) by the total number of hours for the course (3 hours per week x 16 weeks = 48 hours), or $2,110/48 = $43.96 per hour in this example. 

B6.14 Addition of New Programs:  Written evaluations of the extent to which a proposed program fits the guidelines listed below shall be presented to the Board of Regents with adequate time allowed for thorough study and consideration.  

B6.14.1 Qualification:  The College is uniquely, or especially, qualified to offer the proposed program because of staff, faculty, or environmental circumstances.  

B6.14.2 Benefit:  Enrollees are expected to come predominantly from within the College service area, and the program will be of direct benefit in supporting or supplementing the economic and/or cultural base of the College service area.  

B6.14.3 Enrollment:  The total number of students anticipated in the program will be large enough to warrant the offering.  

B6.14.4 Costs:  Anticipated costs and sources of revenue should be clearly defined; cost analysis should include resource utilization, such as equipment, facilities, and personnel.  

B6.14.5 Final Authority:  The Board of Regents possesses, and reserves to itself, the final authority in review, rejection, or approval of proposed new programs.  

B6.15 Leaves of Absence:  A faculty member desiring unpaid leave of absence shall state the duration and purpose in a written request, through, and with the concurrence of, the faculty member's Department Chair, Dean, and the Chief Academic Officer (CAO) to the Chief Executive Officer (CEO), for approval.    

B6.15.1 Reasons:  Such leaves may be granted for reasons shown below, although the CEO may grant leaves for unusual circumstances not provided in the following reasons. Ordinarily only tenured faculty members are granted leaves of absence.  

B6.15.1.1  Additional or advanced study must be directly and clearly related to the professional field in which the faculty is employed or to an auxiliary field approved by the CAO; such leave will be without salary paid by Del Mar, but with tenure rights, whereby the year off for study will count as a year of tenure for salary purposes.    

B6.15.1.2  Leave to practice professionally in another college or leave to work in business/industry for purposes of updating knowledge in the faculty member's field will be without salary paid by Del Mar, but with tenure rights, whereby the year off for work will count as a year of tenure for salary purposes.  

B6.15.1.3  Health leave requests must be accompanied by the written recommendation of a physician.  

B6.15.2 Length/Renewal:  Unpaid leaves may be granted for periods not to exceed one (1) year but renewal may be considered upon written request.  

B6.15.3 Time:  Requests for leaves must be made in sufficient time for necessary preparations to be made by the administration. Should a faculty member on leave of absence determine to resign, written notice will be mailed to the Chair not later than January 15.  

B6.16 Absence for Service/Development:   In addition to absences excused because of illness or personal affairs, explained in  Chapter V, Human Resources , absences for professional service and development are excused if prior approval is obtained from the appropriate administrator.  

B6.17 Faculty Sabbatical Leave:  Del Mar College shall offer sabbatical leave to eligible full-time, tenured faculty for professional development activities that clearly benefit the College.  Applications for sabbatical leave shall be received by the Chief Academic Officer (CAO) and forwarded to the Sabbatical Leave Committee.  This faculty committee shall make recommendations to the College Chief Executive Officer (CEO) who shall then make recommendations to the Board of Regents.   The CEO shall ensure that a system is devised and implemented for determining eligibility requirements, application processes, and selection procedures.  

A6.17.1 Value Statement:   Sabbatical leave is a privilege that is intended to clearly benefit both the College and the employee.  This leave may be granted only to full-time, tenured faculty. Leave may be granted for the purpose of professional improvement which will clearly benefit the College (through activities such as formal or informal study and acquisition of new skills or keeping abreast of new technologies, research, and community service).  

A6.17.2 Eligibility:    Eligible full-time, tenured faculty may apply for sabbatical leave.  Full-time, tenured faculty must have completed six years of continuous, full-time service to be eligible to apply for sabbatical leave except as specified in the following paragraph concerning retrenchment.  Time granted for other types of professional leave, other than paid sick leave, will not be included in the calculation of total years of continuous service.  Such leave time, however, will not interrupt the accrual of years of continued service.  Sabbaticants must complete an additional six years of continuous service from their prior sabbatical to be eligible for another sabbatical. 

Any full-time, tenured faculty member with less than 6 years of continuous full-time service who is facing retrenchment may be considered for sabbatical leave if recommended by the supervisor to retrain for a suitable position which might be available concurrent with the date of retrenchment and if that faculty member facing retrenchment has served as a member of the faculty for at least two consecutive academic years of continuous full-time service at the time of consideration for sabbatical leave.  

A6.17.3 Purposes for Which Sabbatical Leave may be taken:  

A6.17.3.1  A planned program of courses or relevant activity that relates to the professional growth of the applicant and will be of benefit to Del Mar College, its mission and purpose.  

A6.17.3.2  Independent study, research, and/or writing that relates to the present or newly-assigned service of applicant, which therefore will be of benefit to Del Mar College, its mission and purpose.  

A6.17.3.3  Community service projects that relate to the professional growth of the applicant and will be a benefit to Del Mar College, its mission and purpose.  

A6.17.3.4  Fellowships, grants, lectureships, faculty exchange, or field experience that will materially increase the proficiency of the applicant’s area of responsibility or will be of benefit to Del Mar College, its mission and purpose.  

A6.17.4 Criteria:   The following criteria will be used in determining the ranking of leave proposals:   

A6.17.4.1  Evidence that the objectives of the sabbatical leave, if attained, would contribute to the attainment of the College’s mission, goals and objectives;  

A6.17.4.2  Evidence that the objectives of the sabbatical leave, if attained, would substantially contribute to the professional growth of the faculty member, such as projects designed to improve teaching competencies;  

A6.17.4.3  Evidence of past achievements within the institution as measured by such factors as merit, promotion, service, etc.;  

A6.17.4.4  Evidence that attainment of the objectives of the sabbatical leave as proposed are realistic in terms of time, costs and staff member’s ability to achieve goals based on past experiences and formal educational background; and  

A6.17.4.5  Evidence of support in the form of recommendations from other institutions, foundations, immediate supervisors, or persons concerned with the proposed plan or project.  

A6.17.5 Length of Sabbatical:   Individuals applying for sabbatical leave may be granted either one semester or one academic year; i.e., fall semester or spring semester, or fall + spring.  Summer sessions will not be considered for sabbatical compensation.  As an alternative form of sabbatical leave, an eligible employee may propose a leave to fit individual plans and College needs, providing that the total period of leave does not exceed one academic year (as defined above). [Texas Education Code § 51.103 , § 51.105 ] 

A6.17.6 Sabbatical Leave Committee:    The Faculty Council will vote upon and shall forward to the CEO as part of the annual Committee on Committees report the names of nine full-time faculty to serve on the Sabbatical Leave Committee, a College standing committee appointed by the CEO. The CEO will appoint the aforementioned nine faculty members to serve on a Sabbatical Leave Committee as per the timetable include in this policy. It is recommended that the membership of the Sabbatical Leave Committee be balanced in terms of Divisions of the College and librarians, with two members from each academic division and one member from the librarians. No more than one person per department shall serve on the committee concurrently.  Members serve for three years, with one-third of the members selected each year. Replacements for committee members who are unable to complete their term of service will be appointed by the Faculty Council.  Faculty may not serve on the Committee during a year in which they are going to apply for sabbatical.  In addition to the nine members, faculty receiving a sabbatical shall serve one year on the Sabbatical Leave Committee during the academic year following their sabbatical leave.  The CAO or their designees and the academic deans or their designees will serve as ex-officio members of the Committee with voting privileges and must be notified of all meetings for participation. 

A6.17.6.1    The Sabbatical Leave Committee will establish operational procedures appropriate and consistent with the sabbatical leave policies and procedures.  The Committee is empowered to reject applications which are incomplete or late.  The Committee will rank each eligible candidate who has applied for sabbatical leave in terms of the criteria stated in the policies and procedures.  The Sabbatical Committee will submit to the College CEO for review and further action the Committee’s recommendations (in rank order) for sabbatical leave, along with the ranked list of all sabbatical applicants and all applications and supporting materials (including the Committee’s basis for its ranking of all candidates.)  

A6.17.6.2  The Committee also is charged with reconsideration of sabbatical leave proposals submitted and approved in prior years but deferred for whatever reasons. Deferred leave proposals must be updated by applicants and resubmitted to the Sabbatical Leave Committee for review and ranking. 

A6.17.7 Application Process:  Applicants will complete a “Sabbatical Leave Application” form (ADM 018), and obtain the signature of their supervisor acknowledging submittal of the proposal.  Copies of the completed form and supporting materials, if any, should be forwarded to the CAO and chairperson of the Sabbatical Leave Committee no later than February 1.  Each applicant may submit only one proposal.  Each proposal will be ranked according to its merits as determined by the sabbatical criteria.  The Sabbatical Leave Committee will deliver its ranked list of sabbatical applicants to the CEO by February 15.

A6.17.7.1   The CEO will evaluate the rankings established by the Sabbatical Leave Committee, the supporting materials forwarded by the Committee, and the comments of the CAO and recommend candidates for sabbatical leave by March 30 to the Board of Regents for approval at its April meeting. 

A6.17.7.2 Application Timeline (If a timeline deadline is on a Saturday, Sunday, or College holiday, then the deadline shall be automatically extended to the next College work day.) This timeline is intended as a guide and not an absolute and may be modified by the CAO upon recommendation of Faculty Council.

Application Timeline

Dates	Application Status
November 20	CEO will announce number of sabbatical positions available.
December 1	Applications available on line or at Office of CAO
February 1	Completed applications for sabbatical leave must be submitted to the CAO. Within three working days, the CAO shall forward all applications to the chair of the Sabbatical Leave Committee.
February 15	Sabbatical Leave Committee must notify applicants of candidate ranking.
February 28	Noon deadline for applicants to appeal to the CAO.
March 5	CAO must notify committee of his/her recommendation regarding appeal.
March 15	The Sabbatical Leave Committee must forward a final ranked list of all applicants to the CEO of the College along with applications and supporting materials.
March 30	List of sabbaticants recommended by the College CEO for the following academic year will be presented to the Board of Regents for approval at the April meeting.
On or about April 15	Successful sabbaticants will receive a letter of confirmation from the CEO of the College following the April meeting of the Board of Regents.
May 1	Sabbatical Leave Committee will be selected for the following academic year.

A6.17.8 Cancellation of Leave:  Sabbatical leaves are contingent upon approval of the College’s operating budget by the Board of Regents.  If, after approval by the Board of Regents, it becomes necessary for the College to cancel a sabbatical leave, the applicant will receive first priority for sabbatical leave in the next fiscal year, if the resubmitted proposal meets the specified criteria for ranking.  If an individual has been recommended to the CEO for sabbatical leave and withdraws the application or decides not to take leave, then the applicant will not receive priority in a subsequent year.  Either the original proposal in updated form or a new proposal must be submitted to the Sabbatical Leave Committee when leave is again requested.  

A6.17.9 Appeal of Sabbatical Leave Recommendations:   An applicant for sabbatical leave may appeal the recommendations of the Sabbatical Leave Committee by appealing to the CAO within five working days.  The CAO will notify the chairperson of the Sabbatical Leave Committee of a pending appeal.  Appeals should be in writing and provide evidence based on the criteria established for sabbatical leave indicating why the rank order assigned should be altered.  If the appeal is approved by the CAO, then the CAO will submit the proposal for review and consideration by the Sabbatical Leave Committee.  

A6.17.10 Post-Sabbatical Leave Service Requirements:  Faculty granted sabbatical leave are required to return for at least two years of employment following completion of the sabbatical leave.  Sabbaticants will be required to sign an agreement prior to the acceptance of sabbatical leave that they will repay the full amount of salary and fringe benefits received while on leave if they should not return to the College for at least two years of service.  Upon the recommendation of the CEO of the College, this obligation shall be cancelled if serious accident or permanent disability as supported by medical certification from a physician, or death prevents the applicant from fulfilling the terms of the written leave contract.  In addition, Sabbaticants shall serve one year on the Sabbatical Leave Committee during the academic year following their sabbatical leave.   

A6.17.10.1 Report:   Upon completion of the sabbatical leave, the recipient will submit a detailed report following the chain of command (chair/dean/VP) of the results of the leave within 90 days of the date of return to regular duties by the employee.  The report will include:

1.  An account of activities during the leave, including travel itineraries, institutions visited and persons consulted;

2.  A statement of progress made on the sabbatical leave program as proposed in the application and an explanation of any significant changes made in the program;

3. An appraisal of the relationship between the results obtained and those anticipated in the sabbatical leave program statement. 

A6.17.10.2 Presentation:   In addition, upon request, the employee will make a presentation to his or her peers and other employees concerning the sabbatical experience, the benefit gained, and other appropriate related topics.  The presentation may be given at a faculty development workshop, a discipline-specific workshop, or at convocation.

A6.17.10.3 Modifications to Sabbatical Leave:   If sabbaticants find that the sabbatical leave proposal cannot be completed as originally approved, the following must occur:  

A6.17.10.3 .1  The sabbaticant must write the CEO of the College explaining what changes are being proposed.  The CEO will then notify the sabbaticant acceptance of changes, if any, relative to the leave conditions and requirements.  

A6.17.10.3.2  In the event that the sabbatical leave project is not carried out in accordance with the approved plan or modifications, then the CEO of the College can take appropriate action.

A6.17.11 Funding of Sabbatical Leaves:   In order to maintain appropriate fiscal and administrative controls, the College will attempt to fund sabbatical leaves for up to two percent (2%) of full-time, tenured faculty.  Sabbatical leave applications should be reviewed and approved by May 1 so that needed funds can be incorporated in the budgetary proposals for the fiscal year in which leave funds will be needed.  No temporary or full-time faculty will be hired to replace sabbaticant.  The division dean will accept only adjunct faculty to fill sabbaticant’s load.  

B6.17.12 Compensation and Benefits: 

B 6.17.12.1 Compensation:   Sabbatical salary will be one hundred percent (100%) of an incumbent’s current salary for an approved leave of one semester or fifty percent (50%) of an incumbent’s current salary for an approved leave of two semesters.

B6.17.12.2 Benefits:      Sabbaticants will fully participate in fringe benefits during the sabbatical period, including term insurance, medical coverage, disability insurance, and retirement based on actual salary paid for year.  Sabbaticants will also continue to contribute to those benefits requiring employee contributions.  Sabbaticants will not accrue vacation days, personal days or sick leave while on sabbatical.  The sabbatical leave shall be considered as time in service to the College for salary schedule and promotion purposes.  It shall be credited for retirement purposes as governed by the appropriate retirement policies.

B6.17.13  Other Employment:    An employee on sabbatical leave may accept a grant for study, research, or travel from any institution of higher education, from a charitable, religious, or educational corporation or foundation, from any business enterprise, or from any federal, state, or local governmental agency.  An accounting of all grants shall be made to the Board of Regents by the employee.  An employee on sabbatical leave may not accept employment from any other person, corporation, or government, unless the Board of Regents determines that it would be in the public interest to do so and expressly approves the appointment.  Employment and/or other assignments at Del Mar College, excluding summer sessions, will not be allowed for sabbaticants.

A6.17.14 Contracts:   Employees on sabbatical leave who hold continuing contracts will return with a continuing contract, pending completion of sabbatical leave objectives. 

A6.17.14.1  Pending notification by the College CEO, the amount of compensation to be paid the applicant under the term of the leave agreement shall not be interrupted in the event of serious accident or permanent disability.

A6.17.14.2  Upon returning from sabbatical leave, the employee shall, unless otherwise agreed upon, be reinstated in the position held at the time the sabbatical leave started.  

B6.18 Recruitment:  In the recruitment of new faculty, whether regular or term, the College is dedicated to securing persons with the most appropriate combination of formal training, teaching experience, and/or prior experience in business and industry which fits the position to be filled.  Both full-time and part-time faculty must meet the criteria for academic and professional preparation as set forth by the Southern Association of Colleges and Schools  Commission on Colleges.

A6.18.1 Qualifications:  Faculty teaching in associate's degree programs designed primarily to transfer toward baccalaureate degrees must meet the criteria of the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) which is usually a master's degree with eighteen graduate semester hours in the teaching field or a master's degree with a major in the teaching field. However, other types of qualifications may prove to be appropriate as verified and documented by the office of the Chief Academic Officer and the College’s SACSCOC Liaison. In addition, the College prefers experience in the teaching field and additional advanced training. To meet SACSCOC criteria for teaching in occupational and technical programs, faculty must typically present the bachelor's degree and substantial experience in the appropriate business and/or technical field. Generally speaking, a faculty member hired to teach in an Associate of Applied Science Degree program should have a baccalaureate degree in the teaching discipline or an associate degree and demonstrated competencies in the teaching discipline. In all cases, it is the institution’s obligation to justify and document the qualifications of its faculty.

B6.18.2 Selection:  The Chief Academic Officer (CAO) guides the selection process by involving search committees, Deans, Department Chairs, and sometimes faculty in the department and others in reviewing applications, interviewing applicants, and making recommendations to the Chief Executive Officer (CEO) for appointments.   

A6.18.2.1  In the selection of faculty, the CAO oversees use of the  Applicant Evaluation Procedures for Regular Faculty and Staff Positions Manual.

A6.18.2.2  The Director of Human Resources and Equal Opportunity/Affirmative Action ensures that selection procedures comply with the Applicant Evaluation Procedures for Regular Faculty and Staff Positions Manual.

B6.18.3 Appointments:  Appointments are offered on a yearly renewal basis. When a faculty member is tenured, appointments on a continuing basis are in effect without need for annual renewal unless otherwise specified. There may be modifications to the initial employment letter in the form of conditions of employment and changes in salary, rank, assignment, and so on.  

A6.18.4 Orientation:  Orientation of new faculty begins with applicant interviews before employment; at this time a serious effort is made to acquaint the applicant with the philosophy, mission, and characteristics of Del Mar College.  

A6.18.4.1  Before the beginning of each school year, new faculty members may be convened for presentations by the CEO and the CAO. 

A6.18.4.2  Deans and Chairs are responsible for detailed instructions to new faculty; Chairs have the primary responsibility for helping the new  faculty member become fully involved in the functioning of the department and the College as a whole.  

B6.19 Summer Employment:  The offering of teaching duties during the summer terms is based on a plan of rotation within each discipline, which reflects seniority of the full-time tenure-track faculty without regard to rank.  

A6.19.1 Offerings:  Teaching assignments will be offered on a course-by-course basis, by the Department Chair constructing a schedule of offerings to best serve the needs of the students and of the College. The rotational priority does not give the faculty member the right to determine a personal teaching schedule; the rotational priority is the basis for determining teaching load, not for decisions in scheduling.  

A6.19.2 Rotational List:  At or near the end of the second summer session each year, the Divisional Dean will issue for each discipline a correct rotational list, based upon the record of duties performed in the summer sessions just ending and verified by each Department Chair.  

A6.19.3 Offer of Employment:  By December 1 of each year, Department Chairs will offer, with the Dean's concurrence, teaching loads for the following summer to the faculty on the rotational list in the order in which their names appear.

A6.19.3.1   Faculty have the option of accepting the assignment or any portion of the load, but if they do not accept an assignment and so notify the Department Chair before December 15, their names will go to the top of the list in the order they appeared on the preceding summer's rotation list.

A6.19.3.2   The Department Chair will make as many passes through the rotational list as is possible to provide coverage for the classes scheduled; if faculty on the rotational list are insufficient to cover classes, given the limitations on teaching loads, classes will be offered to adjunct faculty.

A6.19.3.3  At the end of the second summer session, the Dean constructs a rotational list with those who taught the fewest classes at the top of the list and those who taught the heaviest load at the bottom of the list, in order, carrying forward the order from the previous year in cases where more than one teacher has just taught identical loads. 

A6.19.3.4   An assignment outside the discipline or an assignment other than teaching, if the pay is commensurate to pay for teaching, will count in constructing the rotational list.  

A6.19.3.5   Department Chairs, who are required to be on duty both terms and who are required to teach a partial load, are not on the rotational list; their class assignments have priority over assignments to those on the rotational list.  

A6.19.4 Penalty for Late Notification:  If faculty notify their Chairs before December that they will teach and then decide, without reason approved by the Dean, between December 15 and the opening of summer school, that they will not be available, their names will be placed at the bottom of the list after the names of all others, excluding new employees, have been reentered on the rotational list in their proper order.  

A6.19.5 Filling the Vacancy:  The vacancy created by a late notification (A6.19.4) will be filled, if possible, in accordance with the rotational list. Refusal to accept the additional offer will not alter the rotational position of the faculty member who refuses. Acceptance of such an additional offer will be included in the calculation at the end of the summer in constructing the rotation list.  

A6.19.6 New Faculty:  New faculty's names will be listed at the bottom of the rotational list at the time they begin work, the order in which they were employed being the deciding factor if two (2) or more teachers start work at the same time or alphabetical order if two (2) or more faculty were employed on the same date.  

A6.19.7 Tentative Assignments:  All assignments of teachers to positions in the summer session are necessarily tentative and are not to be considered guarantees of employment until the assigned classes materialize.  

A6.19.7.1  After registration, it may be necessary to reassign classes in order to adhere to the rotational list; this reassigning is for load purpose, not to presume that priority position on the rotation list provides choice of scheduling.  

A6.19.7.2   Courses that demand special academic preparation or special capabilities will not be assigned to faculty who, in the judgment of the Department Chair and the Divisional Dean, lack that preparation or capability.  

A6.19.7.3  All faculty who teach during summer terms will be on duty for advising.  

A6.19.8 Variant Plans:  Any variant to this rotation plan by a department must have the majority support of the faculty of that department and be communicated in writing by the Department Chair to the Division Dean.

B6.20 Faculty Personnel Records:   Personnel records, which are maintained in the Office of Human Resources and Equal Opportunity/Affirmative Action, include applications, transcripts of all college and university training, statements of previous experience, and letters of recommendation. Personal information, professional development records, and salary and tenure information may be added to the files.  

A6.20.1 Official Transcripts:   It is a professional responsibility and expectation of all faculty, full and adjunct, that they submit to the College official transcripts of all academic course work. Full-time faculty who fail to submit official transcripts as required  within the first three weeks of the start of the semester following their date of first employment will not be reappointed or offered a contract with the College for the following academic year.  Adjunct faculty who fail to submit official transcripts as required within  the first three weeks of the start of the semester following their date of first employment could be subject to immediate dismissal  and will not be considered for employment to teach in subsequent semesters until official transcripts are received.  

A6.20.2 Documentation:   Documentation of work experience, certifications, and other qualifications must be provided and maintained in the permanent personnel file if these are to substitute for or supplement formal academic preparation.  

B6.21 Faculty Year:   The official Faculty Return Day for each fall and spring semester is defined as the Monday of the week prior to the first day of classes for the semester.   

B6.21.1  Particular attention is called to this rule immediately preceding or following holidays.  

A6.21.2  Faculty work through the date of commencement or the date that grades are due in the Office of Admissions and Registrar, whichever is later, as posted in the College’s Academic Master Calendar.   

B6.22 Faculty Schedules:  Faculty are expected to teach all classes and laboratories according to the schedules. Librarians are expected to work their scheduled hours.  

B6.22.1  Classes should begin promptly and continue until the end of the session according to the class schedule.    

B6.22.2  Faculty should handle their own laboratories and remain with the laboratory groups until the end of the laboratory periods; no exception will be made without prior approval of the appropriate Dean, to the policy of allowing students to work in the laboratory unless  there is an assigned faculty member present to supervise the work.  

B6.23 Office Hours:   Faculty are expected to hold scheduled, posted virtual or physical office hours at least one (1) hour daily.  

B6.23.1  Virtual office hours would be proportional to the percentage of the faculty member’s course load taught via distance learning with a minimum of one (1) office hour per week spent physically on campus.  

B6.23.2  Virtual office hours will allow scheduled electronic contact with students by phone, fax, internet phone, e-mail, video conferencing over IP, instant messaging, or other means of electronic contact as stated in the course syllabus.  

A 6.24 Syllabus:  A course syllabus facilitates a clear understanding between student and instructor of the content, goals, requirements, expectations, evaluation methods, and schedule of work for all courses at the College. 

A6.24.1  Therefore, at the beginning of each course, faculty members at the College develop and distribute to students, on paper or online, syllabi that describe these elements for every course.

A6.24.2  A copy of the syllabus for every class section is submitted at the beginning of the course to the department chair and forwarded to the appropriate instructional dean's office. 

A6.24.3   Guidelines for developing effective syllabi will follow Texas Administrative Code Title 19; part 1; subchapter 4.

B6.25 Discipline:  The Chief Academic Officer (CAO) is responsible for student discipline on the campus outside the classrooms; faculty may contact the Department Chair, the appropriate instructional Dean, and/or the CAO if they need help in maintaining order in or near their classrooms.  

B6.26 Off-Campus Employment:  Outside responsibilities assumed by faculty should not cause encroachments upon either the quality or the quantity of work they are employed to perform for the College. Off-campus employment which is in conflict with College activities or which interferes with satisfactory performance of responsibilities is not permitted. College facilities and equipment cannot be used in connection with non-College employment.  

B6.27 Research/Publication:  Faculty are free to do research, to invent, to publish, and to copyright as they see fit and to benefit from all royalties which accrue, but they should not allow such activities to interfere with their regular duties, unless provided for by administrative assignment.  

B6.27.1 Use of College Resources:  Title to a discovery or invention or copyright of writings that involves the use of College facilities, commodities, and equipment or is developed during working hours at Del Mar College shall be subject to a contractual agreement between the faculty member and the College. The Chief Academic Officer (CAO) should be informed before any such work is begun so that a contract can be initiated.  

B6.27.2 Use of Personal Resources: The title to a patent for any discovery or invention made by an employee or the copyright of written work belongs solely to the employee if the work leading to the discovery or invention or writing does not involve the use of College facilities, commodities, and equipment and does not interfere with regularly assigned duties.  

B6.27.3 Use of Outside Resources:  Agreements in which research is supported by grants or contracts from outside sources, which is usually subject to patent policies of the grantor or contractor, will take precedence over the general policy of the College.

A6.27.4 Intellectual Property Policy:   In order to fulfill the College's educational and service missions, Del Mar College employees and students regularly engage in scholarly and creative activities.  While the primary purpose of these activities is to enhance teaching, professional, and academic development, such efforts may also result in the production of intellectual property that is commercially viable and/or has applications beyond the College setting.  The purpose of the Intellectual Property Policy is to clarify issues related to the ownership, sale, licensing, and distribution of intellectual property that is created using College resources pursuant to implementation of Board Policy B6.27 through B6.27.3 and B7.20.  

A6.27.5 Definitions:

A6.27.5.1 College:  Refers to Del Mar College.

A6.27.5.2 College Resources:   Refers to College funds, facilities, equipment, and human resources.

A6.27.5.3 Copyright:   Copyright gives the owner the exclusive right to reproduce the copyrighted work, to create derivative works based on the original, to distribute or sell the work, and to display or publicly perform the work.  Copyright protects the work against unauthorized use or copying.

A6.27.5.4  Copyrightable Work:   An original work of authorship fixed in a tangible format of expression. Copyrightable works include, but are not limited to, books and other literary works, articles, dramatic works, musical compositions, sound recordings, choreographic works, visual artworks, photographs, motion pictures, multimedia products, and software.

A6.27.5.5  Creator(s):   Any individual or group of individuals who produce intellectual property.  

A6.27.5.6  Distance Learning Courses:   A course in which instruction is delivered to students at a location other than the College's campus and in which 50 percent (50%) or more of the instruction is delivered via electronic technology.

A6.27.5.7  Employee:  Any person employed by Del Mar College in one of the categories specified in   of the Del Mar College  Manual of Policies and Procedures.

A6.27.5.8 Intellectual Property:   Any patentable or copyrightable work.

A6.27.5.9  License:   A contract in which a copyright or patent owner gives another permission to exercise one or more of the rights reserved for the owner under copyright or patent law.  

A6.27.5.10  Net Proceeds:  All proceeds received by the owner from the sale, licensing, and distribution of intellectual property, less application fees, legal fees, and marketing expenses.

A6.27.5.11  Owner(s):  The creator(s) of the property or the person(s) or organization(s) to whom rights to the property have been legally transferred.

A6.27.5.12  Patent:  A patent gives the owner the right to exclude others from making, using, selling, or importing a patented invention or discovery.

A6.27.5.13  Patentable Work:   Any new and useful discovery, process, machine, device, manufactured product, composition of matter, or other invention that qualifies for protection under United States Patent Law.

A6.27.5.14  Royalty: A payment made to a copyright or patent owner for the privilege of exercising one or more of the rights reserved for the owner under copyright or patent law.

A6.27.5.15  Sponsor:   An organization, institution, or agency that provides funding, equipment, or other support to the College and/or its employees to produce intellectual property or carry out a specific project pursuant to a written agreement. In some circumstances, the College may declare itself a sponsor of a project.  

A6.27.5.16 Work:  Any copyrightable or patentable work.  

A6.27.5.17:  Any individual enrolled as a student at Del Mar College at the time of the creation of any intellectual property as defined by policy A6.27.4 and its subsections.

A6.27.6 Applicability  

A6.27.6.1  Persons Affected:   The Intellectual Property Policy applies to all persons employed by Del Mar College in one of the categories specified in  Section A5.2 of the Del Mar College  Manual of Policies and Procedures. These categories include: ranked and unranked faculty; exempt personnel; nonexempt personnel; unclassified personnel; and student workers. The Intellectual Property Policy also applies to Del Mar College students. 

A6.27.7 Provisions

A6.27.7.1   Scholarly, Pedagogical, and Artistic Works:   Scholarly, pedagogical, and artistic works are those works that are created by faculty, primarily for the purposes of teaching, scholarship, and professional development, in their field of expertise, or by students in the fulfillment of course requirements. Scholarly, pedagogical, and artistic works include, but are not limited to, books, texts, articles, monographs, nonfiction, novels, poems, instructional materials, musical compositions, dramatic works, choreographic works, sound recordings, video and audio tapes, visual artworks, photographs, films, and multimedia works, including software.

In keeping with academic tradition, the College does not claim ownership to scholarly, pedagogical, or artistic works, regardless of the form of expression or mode of transmission, except in instances where it is an institutional work for hire or a commissioned work. This provision applies even if substantial College resources are used to produce the work, and it may be modified only by a specific prior written agreement between the creator(s) and the College.  

The College shall have a non-transferable, royalty-free license to use scholarly, pedagogical, and artistic works for educational purposes for as long as the creator(s) remain employed or enrolled at Del Mar College. However, there are two exceptions to this rule: 

• This license does not extend to textbooks, consumable workbooks, and other instructional materials that are published by an established publishing house and sold directly to students through the student bookstore or other vendor.
• This license does not permit the College to use instructional materials created for distance learning courses unless the faculty member who created them is either (a) assigned to and actively teaching the course for which those materials were created or; (b) has given written permission for the materials to be used under other circumstances.

A6.27.7.2  Work Created With Use of College Resources:   When intellectual property is to be created or developed with the use of College resources, it is the responsibility of the creator to notify the Office of the Chief Academic Officer (CAO) in writing sixty (60) days prior to the start of the project or creative activity, and before any funds and other use of resources are committed.  Such notification must contain a written narrative description of the project including monies, type, and kinds of uses of the resources being requested, and a time line for implementation and projected completion of the project.  Failure by the employee/student/creator to notify the Office of the CAO of the use of College resources results in forfeiture of all intellectual property rights, and derived income, by the employee or student of the College.  Prior to committing any resources, the College may assert its right to ownership of the property and/or the right to a portion of the net proceeds produced by the sale and distribution of the property, should the property be marketed.

 

The CAO may appoint a committee consisting of faculty, administrative personnel, and professional staff to develop criteria, review the written requests for use of College resources, and make recommendations regarding the development of specific agreements between individual faculty members, or students and the College regarding intellectual property rights, ownership, and proceeds.

If the contract grants the creator(s) ownership rights, the College shall retain a perpetual, nontransferable, royalty-free license to use the property for educational purposes, including the right to all updates, unless otherwise specified by the contract.  

In some cases, it may be in the best interests of all parties involved for the creator(s) to reimburse the College for the use of College resources.   If the College agrees to such an arrangement, the creator(s) will own all property rights to the work. The CAO will, in consultation with the creator(s), determine an appropriate level of repayment and a repayment schedule. A written agreement specifying the terms of the agreement must be signed by both parties prior to the initiation of any activity.

Employees and students are under no obligation to enter into a contract with the College and may choose to decline an offer to use College resources in order to retain all rights to a property. Doing so does not affect their employment or student enrollment status at the College.  

A6.27.7.3  Personal Work:   A personal work is a work that is prepared outside the course and scope of College employment or enrollment without the use of any College resources.  

Ownership of personal works shall reside exclusively with the creator(s). The College may not exercise any of the property rights reserved for the creator(s), even if the work is related to the creator's job duties, student course of studies, or would serve an educational purpose, unless granted permission by the creator(s).

A6.27.7.4  Institutional Works for Hire:  Institutional works for hire are works developed for the College by employees whose specifically assigned job duties include the preparation of those works. Institutional works for hire are also works developed for the College by students who are specifically hired for the preparation of those works. Examples of institutional works for hire include software developed for the College by staff computer programmers, or brochures and other publications produced by the College Relations Department or media center.  

Institutional works for hire do not include scholarly, pedagogical, or artistic works made by faculty or students, even if they are related to the faculty member's teaching and professional duties or area of professional expertise, or the student's course requirements, unless the faculty member or student has entered into an agreement with the College to produce that work as part of regular job duties or pursuant to a student course assignment.

The College shall own all institutional works for hire and may exercise all rights under copyright and patent law without limitation. Any income generated from institutional works for hire will belong to the College.  

A6.27.7.5  Commissioned Work:   A commissioned work is a work produced by individuals not employed by or enrolled in the College or by College employees or students outside the scope of their regularly contracted job duties or studies and course requirements.  The College may negotiate special contracts with anyone to produce intellectual property for a fee. Contracts for commissioned work must (1) be in writing; (2) be negotiated prior to the start of the project and; (3) clearly specify the disposition of any intellectual property rights arising from the property.  Ownership of the property will be determined by the written contract.  

A6.27.7.6 Externally Sponsored Work:  An externally sponsored work is one in which an outside sponsor offers support to one or more Del Mar College employees or students for a project that may result in the production of intellectual property. If the project will involve the use of College resources of any kind, the employees or students must disclose their agreement with the external sponsor to the College by sending written notification to the CAO.  The College reserves the right of final review and approval of all terms pertaining to such agreements.  Such agreements must be approved by the College before work on the project begins. The CAO will approve or deny the request within thirty (30)  days.  

If College support for the project is substantial, the College may declare itself a joint sponsor of the project and assert its right to ownership and/or a portion of any net proceeds arising from the project. A written contract which clearly specifies the disposition of any property rights arising from the project must be signed by the creator(s), the College, and the external sponsor before work on the project begins.  

A6.27.7.7  Jointly Created Works:   If a faculty-initiated and -directed work is created jointly by the faculty member and non-faculty employees or students, the students' or non-faculty employees' contribution to the project may be regarded as an institutional work for hire unless otherwise specified by a written contract.  Approval from the Dean and, where a non-faculty employee is involved, the approval of the direct supervisor of the non-faculty employee is required prior to the initiation of any such creative work.  

A6.27.7.8 Works Created Outside the Scope of Employment:  No employee or student may use College resources of any kind to create intellectual property, inventions, software, or other salable product outside of the scope of the employee's normal work assignment or the student's course of studies.  

All such created works, rights thereto, and derived income become the property of the College.  In addition, use of College staff and resources outside of the scope of employment or student course of studies at the College may result in disciplinary action of the employee or student by the College as per established policy.  

A6.27.7.9 Acknowledgement of Contributors:    Intellectual property created and/or used at Del Mar College must acknowledge the work of all contributors, including students and those employed to produce the work.  

A6.27.7.10 Alteration of Intellectual Property:   Intellectual property may not be altered without the written consent of the creator(s).  

A6.27.7.11 Costs Related to the Work:  The owner of the work will be responsible for all legal, licensing, processing, marketing costs, and patent and copyright filing fees related to the work.  

If another person or organization is entitled to a portion of the proceeds, the owner may subtract all legal and marketing costs before distributing any royalties.  

A6.27.7.12 Release of Intellectual Property Rights:   As long as there is no contractual obligation to an external sponsor or other third party, the College may, at its discretion, relinquish all or a portion of its intellectual property rights to the creator(s).  Likewise, the creator may, at the creator's discretion, relinquish all or a portion of the intellectual property rights to the College.  

A6.27.7.13 Sales Agreements:   If the creator contracts with an external agency to reproduce, sell, and distribute intellectual property, the creator must make sure that any sales agreement gives the College either (1) a non-transferable, royalty-free license to use the property or; (2) a perpetual, non-transferable, royalty-free license to use the property, if the College is entitled to such a license under the provisions of this policy.  

If the property is owned by the creator(s), but the College is entitled to a portion of the net proceeds generated by the sale of the property, the creator(s) must disclose any sales agreement to the CAO and make appropriate financial arrangements with the College.  

A6.27.7.14 Fair Use:  Intellectual property created by Del Mar College employees or students must not infringe on any existing copyright or patent. The creator(s) will be responsible for making sure that any work produced with College resources is in compliance with the Fair Use Doctrine of the Copyright Act and that appropriate permissions have been obtained for the use of copyrighted and/or patented materials.  

A6.27.7.15 Oversight:   The CAO shall be responsible for the administration and oversight of the Intellectual Property Policy.

B6.28 Library Mission and Services:  The Del Mar College Library, an integral part of Del Mar College, is dedicated to providing access to those learning resources which enhance educational opportunities for all persons, regardless of race, color, sex, age, national origin, religion, handicap, or any other constitutionally or statutorily impermissible reason. Specifically, the Library has the following purposes:

To assist the College in carrying out its mission by providing necessary learning resources;

To assist faculty members in discharging their instructional responsibilities by providing media to support classroom objectives and College activities;

To support the occupational, academic, and preprofessional programs of the College by providing print and non-print resources pertinent to each area of instruction;

To supplement the instructional program by training students to use various Library resources both through formalized bibliographic instruction and through point-of-use instruction;

To provide an environment that encourages lifelong learning in occupational and avocational interest and in personal enrichment.

Faculty are responsible for selecting book and audio-visual materials in the appropriate subject fields. Library staff will disseminate publication notices, catalogs, and reviews and communicate borrowers' needs

A6.28.1  Library Collection Development and Maintenance:  The Library is responsible for determining collection development and materials deselection guidelines that are in accordance with the Library and Del Mar College missions. Instructional Faculty and Librarians are jointly responsible for selecting library resources.

In order to keep the Library collection relevant and vital, ongoing assessment of library resources is critical to ensure their continued value. Librarians and other designated Library staff members, assisted by instructional faculty, are responsible for systematically applying the Library’s collection development and materials deselection guidelines to evaluate all of the Library’s resources and maintain the Library’s collections.

The standards for collection development and materials deselection will be communicated on the Library website.

A6.28.2 Gifts:   The Library may accept gifts when the gifts support the mission of the Library and Del Mar College . In accepting gifts, the Library will follow all applicable Del Mar College policies and procedures.

A6.29 Class Size:  Normally the minimum enrollment required to declare a class made is fifteen (15) unless justification for smaller classes is provided or the administration deems a smaller class to be in the best interests of the College.  

A6.30 Adjunct Faculty Assignment:  Normally no more than one class should be assigned if the adjunct faculty member is employed outside the College on a full-time basis; the maximum load is less than fifty percent (50%) of a full load, but administrators should consider outside employment in assigning classes.  

A6.31 Grades:  The Chief Academic Officer (CAO) has the overall responsibilities for the following administrative policy, and any questions concerning it should be addressed to the CAO.    

A6.31.1 Measurement of Students’ Work:  The faculty shall administer a sufficient number of tests and other work, graded by the teacher of record, each semester for a valid measurement of the student’s learning in the course, and the student is due a full explanation of the reason(s) for the grade(s).  

A6.31.2 Final Examinations:  Faculty administer final examinations or projects in all courses.  Faculty will follow the published final examination schedule, unless the teacher has prior approval of the appropriate Chair and Dean to change the time/place of the examination and prior notice has been provided to the students in a class meeting.  

A6.31.3 File Copies of Finals:  Faculty are responsible for submitting a copy of all final examinations or evaluation criteria of projects to the offices of their instructional deans through their department chairpersons.  

A6.31.4 Reporting Grades:     Faculty are required to submit grades electronically, through the Online Grade Reporting System, by the posted deadline for the regular semesters (Fall, Spring, Summer I, and Summer II) and within two working days after the end of any flex entry course.

A6.31.5 Gradebooks:  During any term when faculty are not on campus, and upon retirement or resignation, their gradebooks should be available to the Chair or the appropriate Dean in case a grade question arises.  

A6.31.6 Interim Reports to Students:  Early in the semester, faculty will issue sufficient grades or constructive evaluation so that students can be aware of their progress in the course; teachers should be available for, and encourage, conferences with students so that there is greater and clearer understanding of the student's work and possibility for improvement; particularly at mid-term, faculty should advise students who are making unsatisfactory progress.  

A6.31.7 Interim Grades:  Interim grade reporting will conform to any requirements in partnership, contract, or initiative agreements.  All faculty teaching sections under such contractual agreements will abide by the requirements for interim grade reporting.  

A6.31.8 Last Date of Attendance:  Faculty who award a course grade of "F", "I", or "R" are required, at the time of posting grades, to submit the last date the student attended the course.  

B6.32 Elements of the College Academic Master Plan:  A mission statement and institutional goals and objectives; organizational chart; academic plans defining current degree program offerings and projected program offerings; enrollment forecasts; projected faculty and staff needs and faculty/student ratios; current space inventory, instructional space needs, and other special purpose building needs.  

B6.32.1 Mission Statement:  The  Mission Statement is revised periodically to respond to major changes in the College policy; the College has a current mission statement which requires only minor changes every five (5) years.  

B6.32.2 Annual Revision:  Goals and objectives and academic plans, as well as the other support data elements of the Academic Master Plan, constitute a dynamic document which is revised annually for the capital budget cycle.  

A6.32.3  The CAO is charged with the responsibility to develop and annually revise the Academic Master Plan on the basis of input from faculty and upon recommendation of their chair and dean.  

B6.33 Legal Counsel:  The legal resources of the College will be utilized in full support of any employee or member of the Board of Regents involved in litigation related to the appropriate performance of duties at the College as determined by the Chief Executive Officer (CEO) of the College or the Board of Regents.    

A6.34 Honors Program:  

A6.34.1 The Honors Committee:   The Honors Committee is named by the Chief Academic Officer )CAO) and is called into session by the Director of the Honors Program; it advises the CAO on the structure of the program, solicits support from faculty and administration, and serves as liaison between the College and community. Members of the Honors Committee include the Director of the Honors Program (who serves as chair), the CAO, three participating Department Chairs (on a rotation basis), a student elected from the program, and the faculty sponsor of Phi Theta Kappa. They identify and invite teachers, encourage and develop honors courses, admit students to the Honors Program under announced criteria, determine eligibility to continue in the program, and coordinate all other aspects of the program.

A6.34.2 Admission Criteria:  ACT scores of 23 or higher in English and math and a composite of 23 or SAT scores of 500 or higher (on both sections) or a GPA of 3.2 on a 4.0 scale (or comparable numerical score) on all high school and college work, or all of the following: Personal interviews with the Director of the Honors Program, two high school or college instructor or counselor recommendations, previous history of excellence in high school work, and other evidence of ability to succeed in challenging work.

A6.34.3 The Director of the Honors Program:  The Director of the Honors Program is appointed by the VPI/SD and reports directly to this administrative officer. Three (3) semester hours of release time are provided each semester, and compensation for summer work may be arranged. The Director develops a calendar of deadlines for faculty and student applications, recruits students for the program, sends forms to faculty for development of challenging new courses and properly adapted existing courses, discusses prospective honors courses with the Honors Committee for its determination in a timely manner, works with Department Chairs to avoid schedule conflicts, provides advisors with information about honors course offerings, facilitates distribution of scholarship information to students/prospective students in the program, and coordinates preparation and dissemination of program brochures or flyers.

A6.34.4 Frequency of Offerings:  Fall, spring, and summer. At least one (1) honors course will be offered by each participating department each semester. Each student is required to take a Core Curriculum Honors Program course offered each semester, as well as an elective course of the student's choosing drawn from a variety of honors courses designated by an "H" following the course number in the printed class schedule.

A6.34.5 Retention in the Program:  All students in the program are expected to maintain at least a 3.0 GPA overall, and a 3.0 GPA in Honors courses. Students completing eighteen (18) semester hours through the program will, upon graduation from Del Mar College, receive recognition as Honors Graduates.

A6.35 Program of Spoken English Assessment and Assistance to Faculty Members:

A6.35.1 Compliance with Texas Education Code 51.917:   This program complies with Texas Education Code 51.917, which requires the establishment of a program or short course to assist certain faculty members to become proficient in the use of the English language.  

A6.35.2 Goals of the Program:

A6.35.2.1  Assist faculty members whose primary language is not English to become proficient in the use of English.  

A6.35.2.2  Provide that courses offered for credit at the institution are taught in the English language and that all faculty members are proficient in the use of the English language, as determined by a satisfactory grade on the "Test of Spoken English" of the Educational Testing Service or a similar test approved by the Board.

A6.35.2.3   Provide that a faculty member may use a foreign language to conduct foreign language courses designed to be taught in a foreign language.

A6.35.2.4   Allow a faculty member to give individual assistance during course instruction to a non-English-speaking student in the native language of the student.

A6.35.2.5   Develop the required course(s) in the improvement of spoken English and submit appropriate documentation to the Coordinating Board.

A6.35.2.6  Provide a non-credit course in the improvement of spoken English under the administration of the Division of Workforce and Economic Development.

A6.35.3 Test Failure:    Faculty members who fail to make a satisfactory grade on the "Test of Spoken English" or similar test must take the course provided until deemed proficient in English by their supervisors.    

A6.35.4 Primary Language Determination:    English as the primary language of the faculty member will be determined by self-identification or by other appropriate guidelines provided by the Texas Higher Education Coordinating Board.

A6.35.5 Cost:  The cost of such English proficiency course as determined by the Coordinating Board shall be paid by the faculty member.

A6.36 Faculty Loads:  The  Chief Academic Officer (CAO) determines equitable teaching loads following consultation with the appropriate Chairs and Deans. Faculty and administration can initiate discussion on this matter at any time. Teaching assignments are presently made according to the following guidelines:

A6.36.1 Definition:  The normal teaching load is fifteen (15) lecture-equated semester hours or 18 student contact hours per long semester; under normal circumstances no faculty member is expected to prepare for more than six (6) different courses per academic year. Such engagements as class preparations, ordinary advisement, tutorials, and committee assignments do not receive additional compensation and are not included in the definition.  The College recognizes that both advising and committee assignments bear directly on faculty's available time.  To ensure reasonable advising assignments, respective Deans and Department Chairs are to see that undeclared majors are advised by academic advisors and counselors;  and program majors are to be evenly assigned among the full-time faculty of the department for appropriate advising.  The administration should not assign more than two (2)  committee appointments per faculty member per year, without discussion with and consent of the Department Chair and the faculty member. Outside responsibilities assumed by the faculty member should not cause encroachments upon either the quality or the quantity of work the faculty member is employed to perform by the College.  

A6.36.2   Overloads:  Compensated overloads may be approved.  

A6.36.2.1   Overloads are, by definition, not part of the position requirements. The work must be during hours other than those already assigned for teaching duties and for which compensatory leave is not given during the same week.  

A6.36.2.2  The appropriate instructional Dean and the CAO may approve a maximum of two (2) overload courses per fall, spring, or full summer session of up to eight (8) semester hours at the adjunct rate of pay. Only the Chief Executive Officer (CEO) may approve more than two course overloads in a given semester. Non-teaching assignments are never to be so heavy as to impair the effectiveness of teaching.  

A6.36.3 Underloads:  Teaching loads of less than fifteen (15) lecture-equated semester hours in a given semester must be approved in writing by the appropriate instructional Dean, and loads of less than thirty (30) lecture-equated semester hours in any given year must be approved by this administrator and the CAO, with additional duties approved and/or being assigned by the latter.  

A6.36.4 Reassignments:  Faculty may accept a reassignment from their normal teaching load to provide a service to the College.  

A6.36 .4.1  Faculty reassignments require faculty expertise, complexity of duties and an equivalent amount of time.  

A6.36.4.2  Faculty accepting reassignments are expected to devote the equivalent amount of time to the reassignment as they would to the full complement of their class load duties.

A6.36.4.3  Chairs will select faculty for reassignments following departmental selection guidelines.  

A6.36.4.4  At the beginning of each semester, Chairs submit reassignments to the Deans and CAO for approval.

A6.36.5 Adjuncts:  Adjunct, or part-time faculty, are limited to a maximum load of less than fifty percent (50%) of a full load per semester. Exceptions may be made by the CAO upon the recommendation of both the appropriate instructional Dean and Chair. The number of classes taught by part-time instructors should not ordinarily exceed what is necessary to meet unexpected changes in enrollment within a given department. When more than ten percent (10%) of a department's classes are taught by such adjunct staff for two (2) consecutive years, consideration will be given to the appointment of additional full-time faculty.  

A6.36.6 Other Teaching Assignments for Non-Faculty College Employees, Assistant Instructors, and Grant-funded Employees:  From time to time a College or Grant-funded administrator or other staff member holding a regular budgeted position or part-time, hourly employment status with the College may be permitted to teach for the College for additional remuneration subject to the advance prior written recommended approval of the employee’s regular supervisor and final prior written authorization of the Chief Executive Officer (CEO).   

A6.36.6.1   The department requesting  non-faculty College employees, assistant instructors, and grant-funded employees to teach must complete a PER067 form to obtain approval for the course assignment prior to the start of a credit or non-credit class.

A6.36.6.2   The non-faculty employee’s regular supervisor will review and confirm that the proposed course assignment does not conflict with the effective and efficient operations of the College including, but not limited to, such factors as:  work schedule (including rotation of work schedule), assigned duties, employee performance, staffing requirements, applicable federal or state law, and/or College policy and/or procedure (such as benefit entitlements under TRS).   The employee’s regular supervisor is under no obligation to adjust or reschedule an employee’s scheduled work hours to permit the employee to teach.  The regular supervisor must clearly document (a) the hours of the employee’s regular assigned work week, and (b) whether he or she supports the recommended action.  

A6.36.6.3  The CEO of the College has final approval for the course assignments to non-faculty College employees, assistant instructors, and Grant-funded employees. The College CEO’s decision is final and non-appealable.  In no case is a member of a requesting department authorized to permit a College or grant-funded employee to commence teaching without obtaining the College CEO’s prior written approval on the PER 067.   

A6.36.7  Contact Hours:  In those cases where a faculty member's load is calculated using contact hours, eighteen (18) student contact hours per week will define the normal teaching load. Office hours and committee work are in addition to such contact hours. Librarians, and Assistant Instructors assigned to lab duty will be expected to work a forty-hour (40-hour) work week.  

A6.36.8 Exceptions:  Certain load exceptions are made in keeping with specialized accreditation standards, for administrative duties, or other assignment approved by the appropriate instructional Dean and the CAO. All changes in departmental load formulas require written justification which follows the chain of command. Such formulas include lab-to-lecture equivalents of 1/2.  

A6.36.9 Summer: Six (6) lecture-equated semester hours per six-week (6-week) term constitutes a full load. In those cases where a faculty member's load is calculated using contact hours, eighteen (18)  student contact hours per week will define the normal full-time teaching load. Combinations of six-week  (6-week), nine-week (9-week), and twelve-week (12-week) loads will be calculated accordingly. Full summer salary cannot be earned in shorter time than the full twelve-week (12-week) summer.

A6.37 Faculty/Course Evaluation by Students:    Student evaluations of faculty and courses are the responsibility of each Division Dean. 

B6.38 Faculty Reemployment After Retirement Program:  Beginning effective the fall semester of 2006, Del Mar College offers a Faculty Reemployment After Retirement Program.  The purpose of rehiring experienced faculty after retirement is to retain the classroom skill and institutional knowledge embedded in tenured faculty. As a significant percentage of instructional faculty reach normal retirement age, hiring new faculty with comparable skills and knowledge is expected to be difficult for some programs and disciplines. At the same time, continued growth in the region will require that Del Mar College serve more students. The Faculty Reemployment After Retirement Program is designed to encourage senior faculty to remain with Del Mar College in identified need areas to help close this experience gap.  

A6.38.1 State Policies:   State policies govern rehire of retirees. As related to this policy, the TRS system prohibits rehire of any retiree before a break in service of one full calendar month after retirement, and TRS regulations indicate that a retiree on a 9-month contract can work no more than 50 percent of full load per month to retain retirement benefits.  Applicants under this Del Mar College Faculty Reemployment After Retirement Program are advised to check with the Human Resources Department, and with TRS or their ORP company, to avoid any conflict with retirement funding.  

A6.38.2 Qualifications for Participation:  

a. The faculty member must meet the Normal Age Retirement qualifications of TRS, whether the applicant is under TRS or ORP.  Under conditions meeting the purpose of this program, the Chief Executive Officer (CEO) and the Chief Academic Officer (CAO) may, on an exception basis, approve rehire based on Early Age Retirement qualifications, upon recommendation of the Chair or Director and Dean.  However, under TRS regulations, an Early Age Retiree may not have a contract, agreement, or promise of future employment at the time of retirement.  Negotiations for an Early Age Retiree to return to work may not occur until after the required break in service of one full calendar month.  

b. The faculty member must have served as a full-time faculty member at Del Mar College for a minimum of 10 years.  

c. The faculty member must retire to be eligible for the Faculty Reemployment After Retirement Program.

d. The Chair of the instructional department or the faculty member's Director, with approval by the Dean and CAO, must recommend the faculty member for participation in the Reemployment After Retirement Program. The Chair or Director's recommendation will be guided by:

i. Workload of the relevant programs 

ii. Cost and revenue considerations

iii. Recent past activity of the faculty member on committees, advising, program review, curriculum development and other activities of the college, as well as classroom performance.

e. The Chair or Supervisor will recommend the offering of a contract for a percentage of full-time workload, up to a maximum that is less than 50% of load for a pay period.  

A6.38.3 Duties of the Reemployed Retiree:   In addition to teaching duties, the faculty member will be expected to participate in registration, advising, program review, mentoring, standing and special committees, SACS reviews, and other activities of the college, consistent with the faculty member's proportion of full-time employment. The Chair or Director will determine annually the specific professional duties to be assigned to each faculty member participating in the Faculty Reemployment After Retirement Program.  

A6.38.4 Duration of Reemployment:  An expiring term contract for a 9-month period may be offered on an annual basis up to a maximum of three years, based on the recommendation of the Chair or Director, with approval by the Dean, the CAO, and the CEO.  Based on College need, exceptions to the maximum duration of the contract may be granted by the CAO and the CEO if recommended by the Chair or Director.  

A6.38.5  Program Compensation and Benefits:   A full-time faculty member reemployed under the Reemployment After Retirement Plan shall have the following compensation and benefits.

• In order not to jeopardize a retiree’s retirement benefits and for the College not to incur a TRS surcharge, a retiree will be assigned less than 50% of a full load for any pay period.  Using $27,500 as the benchmark value for a 50% assignment of a regular load, the retired faculty member will be paid the appropriate percentage of $27,500 for the load assignment.  For instance, a workload equivalent to 40% of a full-time nine-month workload would be paid $22,000.  Salary can be paid in 9 or 12 month installments.

• The faculty member under the Reemployment After Retirement Program receives no benefits as a rehire except the normal Medicare contributions to social security, the standard retiree benefits available under the state’s Uniform Group Insurance Program, and up to two sick days per semester, as noted below.

• The faculty member will have office space, email, clerical support, parking at the current employee rate, library privileges and similar college granted privileges.

• Instructional faculty under the Reemployment After Retirement Program will not be assigned to teach any classes as an overload.

• Instructional faculty will not be in the departmental rotation for teaching summer courses.  A faculty member under the Reemployment After Retirement Program who works during the summer terms will be paid at adjunct rate.

• Instructional faculty members will not have seniority rights to choose which classes they teach or when they teach classes. These decisions will be made by the Chair of the department based on instructional needs of the department.

• Full time tenure status will be relinquished, but not academic freedom.

• After retirement and the payment of unused sick leave in accordance with B5.27.3, faculty members under the Reemployment After Retirement Program will not accrue sick leave, since these individuals will not be filling a regularly budgeted half-time or greater position and their salaries will be paid from adjunct faculty cost centers.  Rehired retirees under this program will be afforded up to two days of sick leave per fall and spring semester, not to be carried forwarded from semester to semester.

A6.38.6  Procedures for applying to the Program:  Effective  beginning the fall semester of 2006, the faculty member must apply for participation in this program during a period of time from four months before date of retirement to four months after date of retirement. For planning and budgeting purposes, it is important that the faculty member apply for the Faculty Reemployment After Retirement Program as early as possible.    After a faculty member submits a letter of retirement and an application requesting consideration for the Faculty Reemployment After Retirement Program, the instructional Chair or Director will evaluate the department’s need and forward a recommendation for approval by the dean, the CAO, and the CEO.  An offer of a 9-month expiring term contract with a beginning date no sooner than one full month after the effective date of retirement will be signed by the CEO and the faculty member.    Possible exceptions to these procedures are approved by the CAO and the CEO after recommendations from the Chair or Director and the Dean. 

B6.39 Tenured Faculty Disciplinary Action Appeal Process:  Before a tenured faculty member may be subject to disciplinary action on the basis of the results of a comprehensive performance evaluation as provided at  B6.5.5.2.2(b), or a finding of misconduct  , the tenured faculty member may contest such proposed disciplinary action  as follows:   

B6.39.1 Step One:  The Direct Supervisor/Chair shall provide the tenured faculty member with a written notice of the proposed disciplinary action, a specific description of the allegations forming the basis for the proposed disciplinary action and notice of the tenured faculty member’s opportunity for hearing to challenge the proposed disciplinary action as provided herein.     

B6.39.2 Step Two:  The tenured faculty member must file a Disciplinary Action Appeal Form (hereafter called "Appeal Form") with the immediate supervisor of the Direct Supervisor/Chair (hereinafter “Next Level Supervisor”) within five (5) working days after receipt of notice of proposed disciplinary action.  Such Appeal Form is available in the Office of Human Resources and Equal Opportunity/Affirmative Action. The Next Level Supervisor shall forward the proposed disciplinary action file along with the tenured faculty member’s Appeal Form to the Chief Executive Officer (CEO) of the College within two (2) working days after receipt of the tenured faculty member’s notice of appeal.        

B6.39.3 Step Three:  Upon receipt of the proposed disciplinary action file and Appeal Form, the CEO of the College, or the CEO’s designee, shall set a hearing in the appeal as follows:

B6.39.3.1 Date of Hearing:  The hearing shall be held within seven (7) business days after the CEO’s receipt of the Appeal Form, unless the tenured faculty member and the Chief Academic Officer (CAO)  (hereinafter “the Parties”) mutually agree to a delay. No later than six (6) business days before the hearing date, the CEO, or the CEO’s designee, shall inform the Parties in writing of the hearing date set for the tenured faculty member’s appeal, as well as the date by which the Parties are required to exchange evidence as required by the appeal process.      

B6.39.3.2 Exchange of Evidence : Four (4) business days before the hearing date, the Parties will exchange documents to be relied upon during the hearing, as well as the names of any witnesses who may be relied upon, including a general statement of the nature of the testimony of each.  

B6.39.3.3 Confidentiality:  The hearing shall be conducted privately unless the tenured faculty member requests that it be open. If the hearing is conducted privately, only the CEO or the CEO’s designee, the Parties, their representatives and witnesses may be present. Witnesses are excluded from the hearing until it is their turn to provide evidence. 

B6. 39.3.4 Right to Representation:  The Parties may each be represented by a person designated in writing to act for them throughout the appeal process. Tenured faculty members choosing to designate and, or employ, an attorney or other person to represent them during the process will do so at their own expense. Notice, at least two (2) business days in advance of the hearing, shall be given by each Party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.  

B6.39.3.5 Order of Hearing:  The CEO, or CEO designee, shall control the conduct of the hearing, the general order of which shall be as follows:  

B6.39.3.5.1  The CAO shall present such proof by documents or testimony upon which the proposed disciplinary action is based.   

B6.39.3.5.2  The tenured faculty member may cross-examine any witnesses offered by the CAO. 

B6.39.3.5.3  At the end of the appropriate CAO’s presentation of proof, the tenured faculty member shall then present such testimony or documents as desired to support the tenured faculty member's position or to rebut that of the CAO. 

B6.39.3.5.4  The  CAO may cross-examine any witnesses offered by the tenured faculty member and offer rebuttal testimony and, or documents to rebut any of the tenured faculty member’s witnesses. 

B6.39.3.5.5  Closing arguments may be made by each party. In the event both Parties choose to make closing statements, the CAO shall first make a closing statement, followed by the tenured faculty member.   

B6.39.3.5.6  A record of the hearing shall be made.

B6.39.3.5.7  The CEO or CEO designee shall render a decision within three (3) business days after completion of the hearing and deliver a copy to each of the Parties.  

B6.39.4 Burden of Proof:  The  CAO carries the burden of proof to show that the tenured faculty member’s actions warrant the proposed disciplinary action.       

B6.39.5 Termination of Appeal Process:  If, at any time during the appeal process, the tenured faculty member fails to timely perfect notice of appeal or fails to comply with any of the deadlines established by the procedure, absent a request for an extension of time before the deadline, the appeal process will terminate and the proposed disciplinary action will be implemented and will be non-appealable.   

B6.39.6 Suspension with Pay:  At any time during the process, the appropriate Vice President may temporarily reassign or suspend with pay a tenured faculty member whose continuation in their normal role may threaten the welfare of the tenured faculty member, the College, and/or the students. 

B6.39.7 Time:   If the last day of the required time falls on a Saturday, Sunday, or a College holiday, then the time shall be automatically extended until 5 p.m. of the next College workday. Extension of time limits for any step may be authorized by the CEO of the College upon written request of any Party involved.