Contract Between
Morris Cty College-Morris
- and -
Morris CC Fac Assn
* * *
08/29/2006 thru 08/29/2009


CategoryHigher Education
UnitAcademic Faculty

Contract Text Below
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE 1
I. RECOGNITION 2
II. MAINTENANCE OF OPERATIONS 3
III. APPOINTMENT, RETENTION AND DISMISSAL 4
IV. ASSOCIATION RIGHTS AND RESPONSIBILITIES 7
A. Conduct of Association Business 7
B. Bulletin Boards 7
C. Campus Mail and Telephones 8
D. Association Equipment, Supplies and Services 8
E. College Equipment 8
F. Association Office 8
G. Committee Structure 9
H. Minutes of the Board of Trustees Meetings 9
I. Fall Orientation and College Hours 10
J. Negotiation and Grievances Without Prejudice 10
K. Association Responsibility for Contract Awareness 10
L. Uniform Application of Contract 10
M. Faculty Information 10
N. Association President 11
V. GRIEVANCE PROCEDURE 12
VI. PROMOTIONS 20
VII. EVALUATION 24
VIII. PERSONNEL FILE 32
IX. ACADEMIC RIGHTS AND RESPONSIBILITIES 34
A. Normal Teaching Load 34
B. Work Year 35
C. Teaching Load 35
1. Teaching Load Credit Hours 35
2. Courses/Teaching Load Situations Governed by Past Practice 36
3. Laboratory Teaching Load 36
4. Single Section Lectures with Class Size Greater than 40 Students 37
5. Faculty Supervised Courses 37

6. Learning Centers 37
7. Community and Professional Programs Teaching Assignments 38
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TABLE OF CONTENTS - Cont.

ARTICLE PAGE
8. Faculty Office Hours 38
a. Regular Faculty Office Hours 38
b. Registration Advisement Hours 39
c. January Registration Advisement Option 39
9. Telecourses 39
D. Distance Learning 40
X. A. FACULTY PRIVILEGES 47
1. Parking 47
2. Learning Resource Center 47
3. Mileage Reimbursement 47
B. Tuition Reimbursement for Graduates and Professional Courses 48
C. Waiver of County College of Morris Tuition 51
D. Posting of Positions 52
E. Bookstore 52
F. Sick Leave Payout 52
G. Retired Faculty Privileges 53
XI. SPECIAL PURPOSE LEAVE 54
XII. LEAVES OF ABSENCE 57
A. Parental/Leave 57
B. Bereavement 58
C. Jury Duty 59
D. Government Service Leave 59
E. Personal Leave 60
F. Military Leave 60
G. Sick Leave 62
H. Coordination of Leaves with Family and Medical
and/or NJ Family Leave Entitlements 62
I. Worker's Compensation 62
J. Sabbatical Leave 63
XIII. REDUCTION IN FORCE 69

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TABLE OF CONTENTS - Cont.
ARTICLE PAGE
XIV. HEALTH AND PENSION 70
XV. SALARY 73
A. Salary Increase 73
B. Payment of Salary 74
C. Legal Limitations or Impositions 75
D. Withholding Salary Adjustment 76
E. Initial Salary 76
F. Adjustment for Promotion in Rank 76
G. Adjustment for Doctorate Degree 76
H. Recognition for Professional Development 77
I. Adjustment for Achievement of Tenure 77
XVI. NEGOTIATIONS 78
XVII. AMENDMENT OF AGREEMENT 79
XVIII. SEPARABILITY AND SAVINGS 80
XIX. ACADEMIC FREEDOM 81
XX. BOARD RIGHTS AND RESPONSIBILITIES 82
XXI. NON-DISCRIMINATION 83
XXII. FULLY BARGAINED PROVISIONS 84
XXIII. DEDUCTIONS FROM SALARY 85
XXIV. COPYRIGHT 86
XXV. DURATION OF AGREEMENT 88
EXHIBIT A, CERTIFICATION OF REPRESENTATIVE 89
EXHIBIT B, STATEMENT OF GRIEVANCE OR APPEAL 91
EXHIBIT C1, STUDENT OPINION REPORT 92
EXHIBIT C2, STUDENT OPINION REPORT FOR TELECOURSES 96
EXHIBIT C3, STUDENT OPINION REPORT FOR ONLINE COURSES 100
EXHIBIT D, FACULTY SALARY RANGES 104
EXHIBIT E, FACULTY EVALUATION AND PROMOTION 105
CYCLE TIMELINE

EXHIBIT F, COURSE CONTACT/HOURS NOT IDENTIFIED 106
IN COLLEGE CATALOG

LETTER OF INTENT 107

iii

PREAMBLE

THIS AGREEMENT entered into this
BETWEEN
COUNTY COLLEGE OF MORRIS, in the County of Morris, New Jersey; (hereinafter called the "College"); and
FACULTY ASSOCIATION OF THE COUNTY COLLEGE OF MORRIS, INC., affiliated with the New Jersey Education Association; (hereinafter called the "Association").




ARTICLE I
RECOGNITION

The Board of Trustees of the County College of Morris recognizes the Faculty Association of the County College of Morris, Inc., affiliated with the New Jersey Education Association, as the exclusive representative for collective negotiations of the terms and conditions of employment of all employees included in the certified collective negotiating unit by the Public Employment Relations Commission of the State of New Jersey, which certification bearing Docket RO-857 is attached to this Agreement and made a part hereof. The position of "full-time lecturer" is included within the classification of full-time teaching faculty.
ARTICLE II
MAINTENANCE OF OPERATIONS

A. It is recognized that the need for continued and uninterrupted operation of the College is of paramount importance and that there should be no interference with such operation.
B. The Association agrees that neither the Association nor any person acting in its behalf will cause, authorize, engage in, sanction, nor will any of its members take part in, a strike against the County College of Morris, or the concerted failure to report for duty, or willful absence of a faculty member from his/her position, or refusal to perform his/her duties of employment as defined in this Agreement.
C. The Association further agrees that it will not cause, engage in, encourage or assist in any strike or similar action or conduct on the part of students of the College.
D. Nothing contained in this Agreement shall be construed to restrict or limit the College in its right to seek and obtain such judicial relief as it may be entitled to have under law.
ARTICLE III
APPOINTMENT, RETENTION AND DISMISSAL

A. Notice of reappointment or non-reappointment of non-tenured faculty members shall be provided to the faculty member in writing not later than May 31 of the academic year of service, except that during the academic year preceding the acquisition of tenure, informal notice of intent to reappoint shall be given by the Office of the Vice President of Academic Affairs by December 15 for faculty acquiring tenure the following fall term, and June 15 for faculty acquiring tenure the following spring term. If subsequent to the above stated informal notice date the College is apprised of highly unusual circumstances which were not known to the College prior to the above stated notice date, in such event the College reserves the right to withdraw the notice of intent to reappoint subject to subparagraph E. Any non-tenured faculty member wishing to accept reappointment shall so advise the College in writing within thirty days of receipt of notice of reappointment. Failure to deliver written acceptance to the College within such thirty-day period shall be deemed a refusal of reappointment. Any faculty member desiring to resign shall give ninety days advanced written notice to the College. If unforeseen, extenuating circumstances occur which prevent providing ninety days advance written notice, faculty shall give at least sixty days advance written notice of resignation.
B. When a faculty member is hired at mid-year, notice of reappointment or non-reappointment for the next academic year shall be provided to such faculty member in writing not later than May 31.

      1. The notice provided for in Sections A and B shall include:
          1. the dates for which the appointment or reappointment is effective
      2. the faculty member's title, academic rank and academic department
3. the faculty member's salary
ARTICLE III continued:
4. in the event of the first appointment only, the number of years counted as credit for previous experience
D. No faculty member shall be discharged, disciplined, reprimanded in writing or reduced in rank or compensation without just cause.
E. Any faculty member who receives formal written notification from the College of non-reappointment for the succeeding academic year may, within fifteen (15) days from receipt of such formal notification, deliver to the office of the President of the College a written request for reasons for such non-renewal. The President will provide such faculty member with a written statement of reasons within thirty (30) days of receipt of such request. The members of the Board of Trustees who constitute the Personnel Committee of the Board will provide an informal appearance before such committee to any non-renewed faculty member provided that a written request for such an appearance is received by the office of the College President within seven (7) days after the faculty member receives the requested statement of reasons for non-renewal. Failure to make timely request for statement of reasons for non-renewal shall be deemed a waiver of any right to an informal appearance. The Personnel Committee will schedule an appearance within twenty (20) days from receipt of the faculty member's request for such appearance. The informal appearance before a quorum of the Personnel Committee shall be private and closed to the public and shall not be an adversary hearing, but rather shall afford the faculty member an opportunity to convince the committee that the determination not to offer employment was incorrect. The committee shall give the faculty member at least five (5) days notice of the date and time of the appearance. A faculty member may be represented and counseled at such committee appearance by counsel, and by a representative of the Faculty Association or by one individual of his/her choice. The faculty member may present witnesses, but such witnesses, if any, shall not be sworn or cross-examined.
ARTICLE III continued:
Witnesses shall be called individually, and each excused after making his/her statement. Within five (5) days following the informal appearance, the Personnel Committee will notify the faculty member in writing whether the Committee will recommend that the Board of Trustees revise its determination not to offer reemployment. The Committee may delegate such notification to the President of the College.
The decision of the Board of Trustees not to reappoint a non-tenured faculty member for the succeeding academic year shall not be grievable. Similarly, the determination of the Personnel Committee following an informal appearance shall not be grievable.
F. When a complaint is received by the Administration from a student or other party against a faculty member, the concerned member shall be advised of the substance of the complaint within a period of time consistent with the best interests of the faculty member and the complaining party and not later than thirty (30) days after the last day of the end of the semester in which the complaint was issued, if permitted by law.
ARTICLE IV
ASSOCIATION RIGHTS AND RESPONSIBILITIES

A. Conduct of Association Business
The Association shall be permitted to transact Association business on campus provided that it shall in no way interfere with the College operations or the scheduled duties and/or working hours of faculty members or other employees. The Association shall be entitled to the use of appropriate space on campus. The College shall designate the space available to the Association provided that the space is requested and approved in accordance with the room reservation policies and procedures which the College has established or may hereafter establish, and provided further that such meetings shall not interfere with College operations, College-initiated activities, or scheduled duties and working hours of faculty members or other employees.
The Association may request, at least two weeks in advance, through the Office of the Vice President of Academic Affairs a time and place on campus to hold Association general membership meetings twice each semester.
B. Bulletin Boards
The Association shall have the right to request installation and use of one (1) bulletin board, approximately four (4) feet square (4' x 4') in a prominent location in each College-owned building. The exact location of such bulletin board will be designated by the Vice President of Academic Affairs. Such bulletin boards shall be used solely for the posting of notices and other materials relating to Association activities. The Association shall reimburse the College for the cost and installation charges of each such bulletin board so requested. All materials posted shall relate to official business of the
ARTICLE IV continued:
Association and shall be signed by an appropriate official of the Association. The Association shall advise the Vice President of Academic Affairs in writing of the name of the person who is responsible during the term of this Agreement for the content and utilization of such bulletin boards.
C. Campus Mail and Telephones
The Association may make reasonable use of the mail and telephone systems which are internal to the College provided that such use is for official Association business.
D. Association Equipment, Supplies and Services
The Association shall supply at its own cost all material, equipment, stationery, personnel, services, and other supplies required for the administrative, financial or operational functions of the Association.
E. College Equipment
The Association with appropriate permission may on occasion make reasonable use of College equipment on campus provided such use is within the normal operational functions of the Association and provided further that such use does not impede any of the functions of the College. The Association shall share the cost of maintenance or repair incident to its use of such equipment. The use of such college equipment provided to the Association may be suspended by action of the Board of Trustees during the lifetime of this Agreement and such action by the Board of Trustees, if any, shall not be grievable.
F. Association Office
The College shall assign an office in one of the Academic Science buildings or the Library Learning Resource Center for the official and exclusive use of the Association. The Association office may, at the option of the Association President, also be the regularly assigned faculty office of the person
ARTICLE IV continued:
who is the President of the Association. The office will be furnished with a standard desk and chair, side chair, file cabinet and wall-mounted book shelves. The Association may install other equipment and office furniture at its own expense, provided same are not hazardous and do not cause damage to the College personnel or College facilities. The Association will adhere to the rules and regulations pertaining to the use of the office including access for maintenance, safety and security.
G. Committee Structure
The Association will provide the President of the College a list of Association members who will serve as voting members of each standing committee of the President's College Council. There will be one Association member per committee. The Association will also have the right to have one non-voting member present at meetings of the Faculty Sabbatical Leave Committee and the Faculty Promotion Procedure Committee. The Association will also have the right to have a voting member present at meetings of the President's College Council. The Association will provide the President of the College with a list of the above representatives by October 1 of each year. The President of the College shall be free to determine the composition of the balance of the College Council and the standing committees of the College Council. Nothing contained herein shall limit the number, functions, or duties of the standing committees. The Association representatives to such standing committees shall serve at the pleasure of the President of the College, and the President's actions of appointment and replacement in this regard shall not be subject to grievance procedures.
H. Minutes of Board of Trustees Meetings
Within a reasonable time after minutes of special public meetings of the Board of Trustees have been approved, one (1) copy of such minutes shall be forwarded to the President of the Association.
ARTICLE IV continued:
I. Fall Orientation and College Hours
The length and scheduling of fall orientation and College Hours shall be established solely by the College.
J. Negotiation and Grievances Without Prejudice
When representatives of the Association are mutually scheduled by the Association and the College to participate during working hours in negotiations or grievance proceedings related to Association matters, such representative so scheduled shall suffer no loss in regular pay.
K. Association Responsibility for Contract Awareness
The Association shall be responsible for acquainting its members and those other faculty members it represents with the provisions of this Agreement.
L. Uniform Application of Contract
Any employment contract between the College and a faculty member shall be consistent with the terms and conditions of this Agreement.
M. Faculty Information
Within thirty (30) days of appointment of newly-hired faculty members, the College agrees to furnish the Association with the following information relative to such newly hired faculty:
1. current salary
2. faculty rank
3. educational experience
4. professional experience
By October 1 of each year, the College will furnish the Association with a complete list of full time faculty members, including for each their name, department, academic rank, and current salary.
ARTICLE IV continued:
N. Association President
The Association President may, during the academic year, take up to four days leave with pay to devote to Association affairs, which leave shall be in addition to the personal leave privileges set forth in Article XII E. Upon advance written notice to the Director of Human Resources, the Association President may delegate a specific portion of his four-day Association Affairs leave (in increments of one day) to another official of the Association to devote to Association Affairs.
ARTICLE V
GRIEVANCE PROCEDURE

A. Purpose and General Procedure
1. The purpose of the procedure set forth in this Agreement is to secure, at the lowest level possible, equitable solutions to grievances of faculty members. Nothing contained in this Article shall preclude a faculty member or his/her supervisor from discussing matters with each other, and each shall be free to do so without recourse to the grievance procedure. The parties involved in grievance proceedings shall keep such proceedings informal and confidential at each level of such procedure.
2. Failure of an individual to proceed to the next level within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall bar further processing of the particular grievance.
3. Failure of the College or its representatives to respond at any step of the grievance procedure shall be deemed to be a negative response and, if the applicable grievance procedure so provides, the grievant may continue within the time limit specified to the next step of the procedure.
4. The time limits set forth in the procedure may be mutually extended in writing.
5. All parties shall process grievances during times when they do not interfere with assigned duties.
6. No claim for back wages shall exceed the amount of wages which the individual would have earned at his/her regular rate. All back pay claims shall be limited to the amount of wages the individual would otherwise have earned from his/her regular employment.
ARTICLE V continued:
7. Any aggrieved faculty member may present a grievance himself/herself at all stages of the grievance procedure, and may be represented or counseled by a person selected and approved by the Association. At all stages of the grievance procedure, the College may also be represented or counseled by individuals selected by the College. When a grievant elects to present his/her own grievance, the Association shall be supplied with a copy of the grievance petition and accompanying documents, if any, by the Vice President of Academic Affairs within ten (10) days of the receipt of same by the Vice President provided the grievance is moved at Step I and provided that the Association is not, itself, a grievant.
8. All conferences and hearings conducted under this grievance procedure shall be conducted in private and shall be limited to the parties in interest, their representative or counselor as permitted by this Article, and a witness during the course of his/her testimony. At Step II hearings on contractual grievances, proposed witnesses who are non-bargaining unit employees of the College shall be scheduled by the College during times which do not interfere with assigned duties, provided that the grievant can show to the satisfaction of the President or his/her designee reasonable grounds for believing that such witnesses have relevant testimony to offer.
9. "Days" referred to in this Article shall mean calendar days, including semester recesses, except that holidays established in the College calendar shall not be counted.
10. The period between July 1 and Labor Day shall not be counted as part of the time limits referred to below in Sections B and C.
11. Whether a grievance has been presented under the correct grievance procedure shall be determined by the grievance definition set forth in each procedure, which definition shall govern and limit the scope of contractual, non-contractual and statutory-regulatory grievances.
ARTICLE V continued:
B. Contractual Grievance
1. Definition
A contractual grievance is an alleged misinterpretation, misapplication or violation of the express terms of this Agreement, but shall not include.
(a) Those matters which under the law or terms of this Agreement are not grievable; or

(b) Those matters which fall within the definition of "non-contractual or statutory-regulatory grievances" in Section C(1) of this Article.

2. Step I
Within thirty (30) days after the occurrence of the event which gave rise to a contractual grievance, or within thirty (30) days after the grievant should reasonably have known of such event, the grievant shall formally submit to the Vice President of Academic Affairs a Statement of Grievance or Appeal on the form attached to this Agreement and made part hereof. Informal discussions during this time of the subject of the grievance with the Divisional Dean are recommended, as provided in Section A of this Article. Within three (3) days of his/her receipt of a contractual grievance, the Vice President of Academic Affairs shall refer the grievance to the appropriate Vice President or Dean having supervision of the area which is the subject matter of the grievance or to another individual which he/she may designate at a Director level or higher within Academic Affairs or Human Resources and such referral of the grievance by the Vice President of Academic Affairs shall not be grievable. Within twenty (20) days after receipt or referral of the Statement of Grievance or Appeal by the Vice President or Dean having supervision of the area which is the subject matter of the grievance, the appropriate Vice President or Dean or his/her designee shall render a written report of the disposition of the grievance to the grievant. Without extending the twenty-day period, the Vice President or Dean to whom the grievance is assigned
ARTICLE V continued:
may, during such time, require one informal conference between an individual grievant and his/her Divisional Dean with the object of resolving the grievance informally.
3. Step II
In the event the grievant is not satisfied with the disposition of the contractual grievance at Step I, he/she may, within ten (10) days after receipt of the report and disposition at Step I, file with the President of the College a written Statement of Grievance or Appeal on the form attached. The Statement of Appeal shall be accompanied by a copy of the decision at Step I.
4. Grievance Hearing
The President or his/her designee shall conduct a closed hearing of the contractual grievance appeal. The hearing shall not be limited by strict rules of evidence. All documents submitted shall be marked in evidence. The hearing shall be concluded and the President of the College shall render his/her report and decision on the contractual grievance appeal within thirty (30) days from his/her receipt of the Statement of Grievance or Appeal. Copies of the President's decision shall be given to the grievant who filed the appeal and to the Association.
5. Step III
If the aggrieved party is not satisfied with the disposition of the contractual grievance by the President, or if no disposition is made by the President within thirty (30) days from his receipt of the Statement of Grievance or Appeal, the aggrieved party, if it is not the Faculty Association, may request in writing that the Faculty Association submit the contractual grievance to arbitration. If the Faculty Association then finds that the contractual grievance is meritorious, it may submit the contractual grievance to arbitration within twenty (20) days from receipt by the Association of the President's disposition, if any, or within twenty (20) days from expiration of the President's time for disposition, whichever is sooner.
ARTICLE V continued:
6. Step IV--Arbitration
(a) A list of arbitrators shall be requested from the Public Employment Relations Commission in accordance with its Rules and Procedures for the selection of an arbitrator.
(b) The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or which violates the terms of this Agreement, nor shall he/she have any authority to add to, subtract from, or in any way modify the terms of the Agreement. The arbitrator shall also be bound by the laws of the State of New Jersey and of the United States and decisions of the New Jersey Commission on Higher Education. The arbitrator shall not issue any monetary award which shall predate the occurrence of the event which gave rise to the grievance, or the date on which the grievant should reasonably have had knowledge of such event. The decision of the arbitrator shall be submitted to the Board and the Association and for contractual grievances only, such decision shall be binding on the College, on the grievant(s) and on the Faculty Association.
(c) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Faculty Association. Any other expenses incurred shall be paid by the party incurring the expenses.
C. Non-Contractual and Statutory-Regulatory Grievances
1. Definitions
(a) A non-contractual grievance is an alleged misinterpretation, misapplication or violation of the policies or administrative decisions of the College which affect the terms and conditions of the grievant's employment, except that non-contractual grievances shall not include matters
ARTICLE V continued:
which under law are inherent managerial prerogatives or matters which under the terms of this agreement are not grievable.
(b) A statutory-regulatory grievance is an alleged misinterpretation, misapplication or violation of any New Jersey statute, or of any administrative rule, regulation or order of the New Jersey Commission on Higher Education, or other state or federal administrative agency affecting the terms or conditions of employment, including specifically but not limited to any statute or administrative rule or regulation expressly or impliedly incorporated in this Agreement.
2. Step I
Should a faculty member feel aggrieved over a subject matter which is within the definition of a non-contractual or statutory-regulatory grievance, such faculty member shall discuss the grievance informally with his/her immediate supervisor within twenty (20) days after the occurrence with the objective of resolving the matter informally.
3. Step II
If within fifteen (15) days following the initial Step I discussion, the non-contractual or statutory-regulatory grievance has not been resolved to the satisfaction of the faculty member, he/she may formally submit to the Vice President of Academic Affairs a signed written Statement of Grievance or Appeal outlining the pertinent facts and argument, including any relevant statute, rule, regulation or order, and the relief requested of the College to rectify the situation. The Vice President of Academic Affairs or his/her designee will review the facts as presented and make any further inquiry deemed necessary before making a decision concerning the grievance. The Vice President of Academic Affairs or his/her designee shall render a written disposition of the non-contractual or statutory-regulatory grievance to the grievant within twenty (20) days from receipt of the grievance.
ARTICLE V continued:
4. Step III
In the event the grievant is not satisfied with the disposition of the non-contractual or statutory-regulatory grievance at Step II, he/she may, within fifteen (15) days after receipt of the disposition at Step II, file a written appeal with the President of the College, requesting the President to review the decision rendered at Step II. Upon receipt of the appeal, the President or his/her designee shall make such further inquiry as he/she deems necessary, and the President shall deliver a copy of his/her decision on such appeal to the grievant and the Association within twenty (20) days from receipt of the grievance.
5. Step IV
If the aggrieved person is not satisfied with the disposition of his/her grievance by the President of the College, the grievant may request that the Association submit his/her grievance to advisory arbitration, providing that no other proceeding, petition or appeal has been initiated by the grievant or the Association, arising out of the same factual circumstances or seeking similar relief. If the Association desires to submit the grievance to arbitration, it must, within twenty (20) days after receipt by the Association of the Step III decision of the President of the College, submit such grievance to the Public Employment Relations Commission in accordance with the rules and regulations of such organization. The arbitrator's decision shall be advisory and shall not be binding on either party. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusion of the issue submitted. The costs of arbitration, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of a hearing room shall be borne equally by the College and the Association. Any other expenses incurred shall be paid by the party incurring same.
ARTICLE V continued:
D. Election of Remedies
1. The filing of a non-contractual or statutory-regulatory grievance with the Vice President of Academic Affairs shall be deemed an acknowledgment by the grievant that the subject matter appealed is beyond the definition of "contractual grievance" as set forth in Section B(1) of this Article.
2. If the grievant or Association initiates a proceeding or appeal arising out of the same factual circumstances or seeking similar relief before any administrative agency or judicial authority to which jurisdiction of the subject matter has been conferred by law, the pending contractual, non-contractual, or statutory-regulatory grievance proceeding shall be stayed until such administrative agency or judicial authority renders a final determination or remands the matter for continuation of the grievance proceeding. Nothing contained herein shall limit the right of the grievant or the Association to take a judicial appeal or initiate administrative proceedings after the grievance proceeding has been concluded.
E. Group Grievance
If in the judgment of the Association a grievance affects a group or class of faculty members, the Association may, within the applicable time period, file either a contractual, non-contractual or statutory-regulatory grievance under the appropriate procedure in this Article, subject to the limitations of paragraph D of this Article.
F. Withdrawal of Grievance
A grievance may be withdrawn at any time and at any Step in the procedure and, in the event of such withdrawal, the grievance shall not be continued.
ARTICLE VI
PROMOTIONS

A. Faculty Promotion Procedure Committee:
On or before October 15 of each academic year, the President of the Association shall conduct an election of faculty members in each Division to serve as the Faculty Promotion Procedure Committee (FPPC). The committee shall consist of tenured faculty, two members from each division who will serve for two years alternatively with another member from the same division. In the first year, one member in each division shall be elected to serve for one year and one member shall be elected to serve for two years. Thereafter, one new member shall be elected in each division every year. The Association President shall forward the names of faculty serving on the FPPC to the Vice President of Academic Affairs not later than October 15. The FPPC shall be a special committee of the college, but shall not be considered a standing committee of the President's College Council. The FPPC shall elect its own chair, establish its own rules and priorities, and shall request pertinent information from the Association and the applicants for promotion so that it can make recommendations which differentiate among applicants to the Division Deans, the Vice President of Academic Affairs, and the applicant not later than March 1.
B. Promotion Upon Receipt of Tenure:
All non-tenured faculty appointed as instructors will receive a promotion to the rank of assistant professor concurrent with the date tenure is obtained.
C. Procedure:
1. A faculty member who has been continuously employed at the College in the academic rank of either assistant professor or associate professor for at least five years and who meets the
minimum requirements for promotion specified below, may file a four-part application for promotion to
ARTICLE VI continued:
the next higher rank. Such application shall be submitted not later than November 1 to the faculty member's chairperson, the Faculty Promotion Procedure Committee, and the appropriate Division Dean. The faculty member shall retain the fourth copy of the form.
2. On or before February 15, Department Chairpersons may meet with faculty who have applied for promotion in rank. On or before March 1, the faculty member and the Division Dean shall receive a copy of the completed Recommendation for Promotion in Rank.
3. On or before March 10, Division Deans may meet with faculty who have applied for promotion in rank. On or before March 20, the Division Deans shall forward in written letter form their recommendations regarding promotion in rank to the Vice President of Academic Affairs. The Deans shall also simultaneously forward copies of said recommendations in written letter form to the appropriate chairpersons and candidates.
4 (a) The Vice President of Academic Affairs shall review the recommendations submitted by the Division Deans and the Faculty Promotion Procedure Committee and forward his/her own recommendations regarding promotion in rank to the President. On or before April 30, the Vice President shall notify applicants in writing of his/her recommendation regarding promotion in rank.
(b) A faculty member who is not recommended for promotion may request to meet with the Vice President of Academic Affairs to discuss the reasons why he/she has not been recommended for promotion. Any faculty member may bring a representative designated by the Association with him/her to the meeting. After this meeting, the Vice President will send the faculty
member a written statement of the reasons why his/her application for promotion was not recommended.
ARTICLE VI continued:
5. The President shall consider the aforesaid recommendations and forward his/her own recommendation to the Board in sufficient time for the Board to act upon the recommendation at its April meeting. The President shall at the same time advise the Vice President of Academic Affairs and the Committee of his/her recommendations.
D. Grievability:
It is understood that responsibility for action on the President's recommendations for promotion rests with the Board of Trustees of the College. Decisions of the Board regarding promotion shall be final and not grievable, except as to the procedures specified in this Article.
E. Standards for Academic Rank
1. Instructor: Minimum Qualifications
(a) No person holding the Master's Degree will be hired at a lower rank than Instructor, provisions of Article XV (E) notwithstanding.
(b) Master's Degree with either one year of teaching experience on the collegiate level or related professional experience; or
(c) Bachelor's Degree with three years of related professional experience, including at least one year of college level teaching.
2. Assistant Professor: Minimum Qualifications
(a) Master's Degree with five years of related professional experience, including at least three years of college level teaching; or
(b) Doctorate with three years of related professional experience, including one year of college level teaching.
ARTICLE VI continued:
3. Associate Professor: Minimum Qualifications
(a) Doctorate with either six years of college level teaching or related professional experience; or
(b) Master's Degree with either eight years of college level teaching or related professional experience.
4. Professor: Minimum Qualifications
(a) Doctorate with either eight years of college level teaching or related professional experience; or
(b) Master's Degree with either ten years of college level teaching or related professional experience.
F. Guidelines for Computing Relevant Professional
Experience for Promotion in Rank:
1. Where appropriate, one (1) year of college level experience shall be credited for every two (2) years of the following relevant experience:
(a) Full time high school or elementary school teaching.
(b) Business, commercial or government employment.
(c) Part time college teaching, including work as a graduate
assistant.
2. Credit for military service shall be computed in accordance with N.J.S.A.
18A:29-11.
Equivalent credits shall not be computed or recognized for promotion in rank where a degree is specified.
ARTICLE VII
EVALUATION

A. Purpose
The purpose of the faculty evaluation is to develop the teaching potentials of all faculty members and to provide reasonable academic criteria for granting promotion, reappointment and tenure.
B. Frequency
1. All non-tenured faculty members shall be evaluated pursuant to this Article at least once annually during the first four (4) years of their employment, except that in the fifth (5th) year of employment the regularly scheduled evaluation procedure provided for herein need not be completed prior to any informal notices as set forth in Article III.
2. Tenured faculty shall be evaluated pursuant to this procedure at least once every five (5) years after the year in which tenure was conferred.
3. Faculty who have submitted an application for promotion in rank may be evaluated, pursuant to Section D of this Article, during the academic year that their application is being considered.
4. The College reserves the right in all cases to evaluate faculty members more frequently than set forth in subsections (1), (2) and (3) above. Before any such evaluation, a tenured faculty member who will be evaluated outside of the frequency set forth in Article VII-B (2) will receive, in writing, the reasons for such an evaluation. The faculty member has the right to have a full evaluation, including the four components listed in Article VII-D (1).
ARTICLE VII continued:
C. Classroom Observations
1. Classroom visits conducted as part of the administrative evaluation portion of the regularly scheduled evaluation procedure will be produced into a written report and shall be supplied to
faculty members within two weeks of the date of the visit or on February 1 for tenured faculty members or on March 15 for non-tenured faculty members, whichever is earlier.
2. Should the College decide to conduct a classroom observation, pursuant to Section B.4 of this Article, the College shall produce a written report of the visit and supply a copy to the faculty member within two (2) weeks of the date of the visit. The College administrator conducting the classroom observation or the faculty member may request to meet to discuss the observation. If a meeting is requested, it will be held within two weeks of the date of the classroom observation.
D. Elements of Regularly Scheduled Evaluation Procedure
1. The regularly scheduled evaluation procedure, evaluations conducted according to Sections B.1, B.2 and B.3 of this Article, shall be fourfold:
(a) The administrative evaluation.
(b) The peer evaluation.
(c) The self-evaluation.
(d) The student evaluation.
All aspects of the regularly scheduled evaluation procedure shall be considered.
2. In all cases of evaluation other than the regularly scheduled evaluation set forth herein, the College, in its discretion, may complete any or all portions of the evaluation procedure, subject to the provisions of Article VII, Paragraphs F.3 and G.3. If the administration elects to complete a partial evaluation, then the faculty member may elect to have a full evaluation, as provided for in B-4 of this Article.
E. Criteria
1. The peer evaluation shall address areas of faculty responsibility including but not necessarily limited to:
Teaching effectiveness;
course content;
teaching materials;
contributions to department and the institution;
use of grants, release time, and other projects, if appropriate;
scholarly achievement; and
professional growth.
2. The administrative evaluation and the self-evaluation shall address each of the areas as stated in Section E.1 and other relevant professional issues which make for a complete and thorough evaluation.
F. Administrative Evaluation
1. The department chairperson's evaluation and conference, and the Division Dean's conference, if one is held, shall be part of the administrative evaluation.
2. On or before February 15, each faculty member who is evaluated shall have an evaluation conference with his/her chairperson. The administrative evaluation along with the peer evaluation, self-evaluation, and SORs shall be completed and presented for inspection to the faculty member at the evaluation conference.
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3. The faculty member shall sign and receive a copy of the chairperson's evaluation signifying that it has been read and reviewed in consultation with the department chairperson. With regard to the conclusion contained therein, such evaluation reports shall disclose the basis, such as, but not limited to, the time and duration of classroom visitations, scheduled conferences, development of syllabi, and use of appropriate available instructional materials upon which the evaluation rests. The chairperson's evaluation may make specific suggestions for improvement of the faculty member's teaching effectiveness or career development where appropriate.
4. At the option of the Division Dean, on or before March 10 of the academic year in which the faculty member is evaluated, a faculty member may be requested to have a conference with his/her Division Dean. At this conference, the Division Dean will address areas of interest that the College has in the faculty member's career development. The faculty member shall sign and receive a copy of the Division Dean's evaluation material, signifying that it has been read and reviewed in consultation with the Division Dean. Nothing contained in this paragraph shall preclude the Division Dean from meeting with a faculty member at other times to discuss matters relating to the faculty member's performance, classroom observation, or employment.
5. Pursuant to Section B.4 of the Article, if the College conducts an evaluation of a faculty member in addition to the regularly scheduled evaluation, the faculty member will be given a written copy of any and all such reports within two weeks.
6. All evaluation reports will be maintained in the faculty member's official personnel file, except for Student Opinion Reports which will be kept separately in accordance with Paragraph G of this Article.
ARTICLE VII continued:
G. Student Evaluation
1. The student evaluation of faculty shall be conducted through the Student Opinion Report attached to this agreement and made a part hereof, which shall be on carbonized or NCR paper, or through such other form as may be mutually agreed upon by the parties to this agreement. SORs will be administered during the 12th, 13th, and 14th week of the semester. SORs for courses eight weeks in duration shall be administered during the 6th or 7th week of the mini-semester. SORs for self-pace courses will be administered after the student has completed all the required course assignments. SOR packets will be produced by the Office of Academic Affairs. Each packet will include sufficient forms, labels, and instructions for the students in a given class. There will be packets for all sections, day, night, on- and off-campus. Faculty will distribute SORs in their classes during the week of the semester when SORs are administered. To the extent possible, all sections should be evaluated (including evening, off-campus, etc.). The faculty member will read the note to the students in each class and provide sufficient time for the students to fill out the forms without disturbance. The completed SORs will be collected in each class by the faculty member teaching the class. The forms will not be separated. The faculty member will indicate the number of completed forms on the label on the front of the envelope, sign the label, place all forms (completed and blanks) into the envelope, and seal the envelope. The faculty member will return all completed and sealed packets to the Department Chairperson's office on the same day the forms were filled out. Evening sections will be turned in on the faculty person's next scheduled teaching day. Telecourse SORs will be turned in no later than the final date assigned for handing in final grades. The Office of Academic Affairs will separate the forms and keep the original copy for processing.
ARTICLE VII continued:
Copies for the instructor will be placed in a separate envelope with the faculty member's name on it and returned to the faculty member when the final grades for the semester are turned in to the Office of Academic Affairs.
2. Each faculty member evaluated by SORs will also be provided with a copy of the summary computer printout of the responses received from his/her students within a reasonable time after the same is produced. The College will compile a computer printout for each department, and shall deliver a copy of such departmental printout to the Faculty Association. The original SOR forms shall not be part of the faculty member's personnel file, but shall be separately maintained by the College for a period of three years, after which the College may destroy same. Summary computer printouts shall be separately maintained by the College so long as the faculty member is employed by the College. Access to SORs shall be limited to the Board of Trustees and College Administrators, or other persons directly involved in a proceeding initiated by a party to this agreement or by a faculty member. There shall be no limitation of access to, or use of, statistical analysis of SORs which does not identify faculty members or students. The College reserves the right to determine and develop appropriate procedures to assure the authenticity of student evaluations of faculty which are not inconsistent with the provisions of this paragraph, and which do not direct the manner in which the faculty member teaches such class.
3. It is understood that SORs elicit anonymous student experience with teachers, courses, and the college in general. A student's experience does not constitute a professional evaluation of a teacher's knowledge of the subject or mode of instruction. SORs shall not be administered separately from the other evaluation processes to formulate a performance appraisal. SORs are one component of a pluralistic evaluation process and shall be utilized in combination with all the other evaluation components.
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H. Peer Evaluation
The peer evaluation shall be conducted by a colleague, tenured or non-tenured, exclusive of the department chairpersons, selected by the faculty member seeking evaluation. The evaluator shall prepare a written report based upon the criteria set forth in Section E.1. In addition, if appropriate, the evaluator shall make specific suggestions for the improvement of the faculty member's teaching effectiveness and/or other criteria outlined in Section E.1 of this Article. Copies of the evaluator's report shall be forwarded no later than February 1 to the department chairperson, the Promotion Procedure Committee, and the evaluated faculty member.
I. Self-evaluation
The self-evaluation will be presented in writing to the department chairperson and shall be based upon the criteria set forth in Section E.1. To be considered, the self-evaluation report must be submitted no later than February 1 to the department chairperson.
J. Faculty Response
A faculty member may append his/her pertinent written comments to any written evaluation reports generated from regularly scheduled evaluations or other administrative evaluations made pursuant to sub-paragraph B(4) of this Article. A faculty member who exercises the right of response to his/her regularly scheduled evaluation shall not be criticized, reproached or reprimanded for having exercised that right, nor shall having exercised it be considered detrimental in any evaluation of the faculty member. If that response contains statements which, in the opinion of the Vice President of Academic Affairs or his/her designee, exceed fair comment or derogate the chairperson or Division Dean, the Vice President of Academic Affairs or his/her designee may schedule a conference to include the
ARTICLE VII continued:
faculty member, the chairperson, Division Dean and representative of the Vice President of Academic Affairs to evaluate such statements. If as a result of such conference, the Vice President determines such statements to be unjustified, or if the faculty member declines to attend such a conference, such statements then may become subject to reply, criticism, reproach or reprimand. Record of the matter shall be included within the faculty member's official personnel file.
K. Non-Grievable
The substance, opinions, and conclusions of any evaluation report shall not be grievable, but evaluation reports may be introduced as evidence supporting allegations of violations of Articles XIX, XXI, or III (D) of this agreement. However, criticism set forth in evaluation reports shall not constitute a reprimand in writing under Article III (D).
ARTICLE VIII
PERSONNEL FILE

A. The College shall maintain one (1) official personnel file for each faculty member and shall make reasonable effort to keep the file accurate. Papers maintained by chairpersons or others shall not constitute the official file. Any evaluation documents placed in the personnel file shall not be modified, but may be supplemented providing same is also placed in the personnel file and the faculty member is so advised. Material relating to initial appointment solicited under conditions of confidentiality shall be excluded from the personnel file and shall not be used in actions subsequent to commencement of full-time employment.
B. Upon advance request a faculty member may personally examine his/her file during College business hours. At the option of such faculty member, one (1) representative of the Association may also be present. A representative of the College must be present during such examination and because of limitations of College personnel, it may not be possible to immediately grant all requests for examination of personnel files.
C. A faculty member may obtain one (1) copy of any material in his/her personnel file. Further requests for copies will be filled at the cost of fifty cents per page. Requests for a copy of a Student Opinion Report will be honored without charge if the requesting party did not receive a clear copy at the time the Report was originally distributed, otherwise there will be a fifty cent charge per page.
D. A faculty member shall have the right to insert into such personnel file his/her written response to any material considered derogatory. The faculty member may make request to the Office of Vice President of Academic Affairs to remove any material considered obsolete or otherwise
ARTICLE VIII continued:
inappropriate for retention. Such requests for removal of material may be granted or denied in the discretion of the appropriate administrator designated by the College to review such requests. The faculty member shall be advised of the decision.
E. Whenever anonymous or signed complaints are deemed worthy by the College administration of placement in a faculty member's personnel file, written notice of the placement of such material in the personnel file shall be given to such faculty member.
F. A faculty member shall be advised one (1) day in advance whenever information from his/her personnel file is given to a party not affiliated with the College, except if such information is required pursuant to a court order or a subpoena, notice will be given to the faculty member immediately upon compliance with such order or subpoena.
G. The College shall protect the security of personal faculty data from access by persons who have no legitimate need for or right to know this information.
ARTICLE IX
ACADEMIC RIGHTS AND RESPONSIBILITIES

A. Normal Teaching Load
A full-time normal teaching load is defined as thirty (30) teaching load credit hours per academic year, including assignments in the Community and Professional Programs, of which not more than 18 1/2 may be required in any given semester. The college may require a full-time faculty member to teach as many as 33 1/2 credit hours in one academic year.
Overload is defined as teaching load credit hours in excess of thirty (30) per academic year. In the event that a faculty member is assigned eighteen (18) teaching load credit hours in the fall semester, then his/her normal load in the spring semester shall be twelve (12) teaching load credit hours. Such individual shall be given the right in the spring semester to teach an additional three (3) teaching load credit hours in his/her area of discipline in order to earn overload before any adjunct faculty is given the opportunity to teach such course. If a faculty member fails within twenty days from the issuance of such offer to accept the offer of three additional teaching load credit hours in the spring semester, the College may assign such three credit hours to the adjunct faculty.
Overload payments for teaching credits in excess of eighteen (18) for the fall semester will be made ratably, commencing with the fourth pay period of the fall semester. A faculty member may elect to receive reimbursement for overload credits in excess of 15 and up to 18 during the fall semester. The faculty member must make the above election in writing to the Office of Academic Affairs no later than October 1. Payment of this overload will be made prior to the beginning of the spring semester. If the
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spring semester teaching load for a faculty member electing overload payment does not confirm the overload paid, then the College will deduct the previously granted overload payment from the remaining balance of the faculty member's salary.
B. Work Year
1. A faculty member shall continue to be employed for a contract year, which in the first year of this contract shall be August 29, 2006 through June 20, 2007. In the second year of this contract the work year shall be defined as August 30, 2007 through June 20, 2008. In the third year of this contract the work year shall be defined as August 28, 2008 through June 19, 2009. Faculty members are expected to attend graduation ceremonies.
2. The number of hours defined in each of the work years of the agreement shall be 1,484. The hourly rate of pay shall be defined as:
Yearly Base Salary
1,484

C. 1. Teaching Load Credit Hours
Except for teaching load credit for teaching load situations specified in Section C.2, which shall be governed by past practice, a teaching load credit hour represents the instructional contact time with the student. Instructional contact time for each course is defined in the College catalog or on Exhibit F as either "lecture" or "laboratory" contact time. For purposes of subsections C. of this Article, one hour shall equal fifty (50) minutes. Faculty shall earn one teaching load credit hour for each lecture contact hour. Teaching load credit hours for the situations other than lectures shall be earned as computed in Section C.2 through Section C.7.
ARTICLE IX continued:
2. Courses/Teaching Load Situations Governed by Past Practice
The computation of teaching load credits for the following categories of courses shall be governed by past practice and not by the provisions of this Article:
a. Multiple recitation, precepts, or laboratory sections held in connection with
a common lecture.
b. Release Time Assignments.
c. Nursing Courses.
3. Laboratory Teaching Load
Laboratory-type teaching situations shall be equated on the basis of three (3) laboratory hours being equal to two (2) lecture hours, except that laboratories in Biology, Medical Laboratory Technology, Physics, Electronics Engineering Technology, Mechanical Engineering Technology, Agriculture Technology, Engineering, Chemistry, Science (only classes with the "SCI" designation), and Surveying only, shall be equated on the basis of one (1) laboratory hour being equal to one (1) lecture hour, and laboratories in Computer Information Systems, Health/Physical Education, and Nursing shall be equated on the basis of six (6) laboratory hours being equal to five (5) lecture hours.
Beginning August 30, 2007, Laboratory-type teaching situations shall be equated on the basis of six (6) laboratory hours being equal to five (5) lecture hours, except that laboratories in Biology, Medical Laboratory Technology, Physics, Electronic Engineering Technology, Mechanical Engineering Technology, Agriculture Technology, Engineering, Chemistry, Science (only classes with “SCI” designation and Surveying only) shall continue to be equated on the basis of one (1) laboratory hour being equal to one (1) lecture hour.
ARTICLE IX continued:
4. Single Section Lectures with Class Size Greater Than 40 Students
Single section lecture courses with a class size greater than 40 students enrolled on the tenth day of classes shall earn teaching load credits equal to one and one-half (1) the normal teaching load credit hours otherwise applicable for the single section course. For example, if a single section course normally provides three teaching load credit hours to the faculty member, the same course with more than forty (40) students shall earn four and one-half (4) teaching load credit hours.
5. Faculty Supervised Courses
Faculty supervised courses include independent study, field experience, and cooperative education courses. In addition to teaching load credits for regularly scheduled lecture contact hours (sometimes referred to as the "related" class), faculty who are assigned faculty supervised courses shall earn four-tenths of one teaching credit per student enrolled on the tenth day of classes.
6. Learning Centers
a. It is understood that assignment to the various learning centers can either be part of the normal teaching load or overload.
b. The intent of the parties is that full-time faculty may be assigned to work in the writing, math, and learning centers and that required assignment shall be made only when sufficient volunteers or adjuncts are not available. The college shall make such required assignments in a manner which equitably rotates learning center assignments among all those qualified to teach in the centers.
c. Three teaching load credit hours shall be determined in the following manner: assignment to 200 minutes per week in writing, math, and learning centers shall be equal to three teaching load credit hours. A faculty member assigned to one of the learning centers shall be required to hold not less than 120 minutes of office hours per week notwithstanding Article IX, Paragraph C.
ARTICLE IX continued:
d. The College shall determine the operational hours of the writing, math, and learning centers; however, faculty shall have the right to request hours of assignment before adjunct faculty. Hours of assignment shall not be less than 50 minutes in duration nor exceed 200 minutes per week. The College shall make every effort to honor faculty scheduling requests.
e. While that portion of a faculty member's teaching load that is assigned to the learning centers shall not be subject to contractual evaluation, a faculty member's performance in the center will be a part of his/her overall administrative evaluation.
7. Community and Professional Program Teaching
Assignments
Faculty who are assigned to teach community and professional program (C.P.P.) courses shall earn one teaching load credit hour for each sixteen hours of C.P.P. instruction.
8. Faculty Office Hours
a. Regular Faculty Office Hours
No later than the fifth day of classes each semester, each faculty member shall deliver to his/her chairperson, the faculty member's official schedule of a minimum of 180 minutes per week (Monday through Friday) of his/her office hours. Each faculty member shall post his/her office hours for exam week separately after the establishment of the exam schedule. These regular office hours shall be scheduled on not fewer than two days of each week. Of the officially scheduled minimum of 180 minutes per week, not more than 120 minutes on any one day shall be officially scheduled for office hours. No officially scheduled regular office hour shall be less than 30 minutes. Due to the special characteristics of those sciences and technologies having laboratory and/or clinical components, faculty members in those disciplines may deviate from the above requirements upon the special approval of their
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Division Dean. Faculty members conducting off campus classes may hold a proportionate amount of their regular office hours at the off campus teaching site. Special approval of the Division Dean is required before the off campus portion of regularly scheduled office hours exceeds 50% of the total requirement.
b. Registration Advisement
Each faculty member shall be obligated to provide either four hours of in-person on-floor student advisement during the January or May/June registration advising activities or six hours during scheduled department advising functions in the spring and/or fall semesters. Slots will be assigned in the order in which the faculty sign up for available slots. The department chairperson shall determine the number of slots for each advisement period based upon the needs of the department. By October 15, each department chairperson shall post in his/her office a sign-up sheet of available slots for the January registration advisement period as well as the in-semester department advising functions. When all available slots for the in-semester department advising functions and January registration have been taken, faculty who have not signed up for either slots shall be required to sign up for available slots for the May/June registration advisement period. By February 15, each department chairperson shall post in his/her office a sign-up sheet of available slots for the on-floor registration advisement during the May/June registration advisement period.
9. Telecourses
Courses offered to students via television (Telecourses or Interactive Television courses) are considered the same as other courses the College sponsors with respect to the terms and conditions of employment for full-time faculty including the conditions for office hours. Office hours posted pursuant to Article IX, Paragraph C, shall be noted in the syllabi. Faculty members teaching courses via television shall make themselves available by other appropriate means, at times other
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than the stated office hours, to students who have difficulty contacting the instructor, such as by returning phone calls to students who contact the department office. The responsibility of a faculty member assigned to teach an interactive television course shall include the operation of the equipment. Faculty members who have not taught interactive television courses prior to September 1, 1995 shall be provided with: (i) 120 minutes of equipment operation instruction to be scheduled during an on-campus professional day; and (ii) one-half (1/2) credit of release time during the first semester only of ITV course assignment for practice of equipment utilization. No additional release time will be provided after the first semester of ITV course assignment.
D. Distance Learning
1. Definitions
          "Distance Learning" courses are Online, Hybrid and Tele/Internet courses as defined
below. The designation and classification of a course as Online, Hybrid or Tele/Internet shall be deemed a management prerogative at the sole discretion of the College.
"Online” courses shall be defined as courses where all the content, including instruction, course assignments and faculty-student contact is delivered online using the Internet as the medium for communication.
“Hybrid” courses shall be defined as courses that blend online and face-to-face activity with substantial proportions of the content delivered online using the Internet.
"Tele/Internet” courses shall be defined as any distance learning course where instruction and "lectures" are offered using the telecourse medium of playing prerecorded video lectures. However, course assignments and faculty-student contact will occur via the Internet.
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“Web Supplemented” courses shall be defined as courses in which faculty use web-based technology to enhance what is essentially a face-to-face course. These courses meet in a traditional face-to-face mode for the full allotment of classes and utilize the web to supplement the class meetings.
"Third Party Internet or Third Party Tele/Internet” courses shall be defined as Online courses which use or are based on Internet technology created by a third party (someone other than a full-time CCM faculty member). This Third Party Online or Third Party Tele/Internet course shall not include Original Online courses developed or modified by CCM full-time faculty members.
"Original Online” courses are defined as Internet courses developed by a full-time faculty member of the County College of Morris which are not based upon a Third Party Internet or Third Party Tele/Internet course.
“Initial Course Assignment” shall mean the first time a faculty member is assigned to teach
a Distance Learning course, the primary delivery method for which is substantially different from a prior Online, Hybrid or Tele/Internet course taught by the same faculty member. Each time a faculty member develops and the College offers a first time Distance Learning course as designated above, that individual shall be paid for one additional teaching load credit hour for preparation, as outlined in Article IX,
Section D, 5b. However, a course with substantially the same delivery method as a prior course in the same distance learning category shall not be deemed an Initial Course Assignment merely because the section number or length of the course differs from the prior course taught.
      1. Training
The College agrees to offer training classes for faculty to teach Distance Learning courses. There will be no cost to the faculty member for these training classes. These training classes will be based upon current software applications and technology trends.
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      1. Resources
The College agrees that any faculty member approved under the guidelines of paragraph 4 below, who is assigned Distance Learning courses shall have at his or her disposal on the campus of the County College of Morris the access to technology to design and offer the assigned Online or Tele/Internet course. This technology shall include access to a personal computer, the Internet, electronic mail and software to enable the faculty member to produce web pages, monitor class assignments and communicate with students.
4. Approval and Assignment to Distance Learning Courses
Faculty members interested in teaching Distance Learning courses must be approved by the College to teach these courses. Faculty shall be approved by the appropriate Division Dean to teach a Distance Learning course if they have participated in the training classes (as described in Section 2) and demonstrated their ability to effectively use web-based conferencing software, electronic mail and the Internet to the satisfaction of the appropriate Division Dean, or his/her designee.
Any approved faculty member who is assigned a Distance Learning course will be provided with notice of this assignment and the Third Party Internet or Tele/Internet material for the assigned course at least twelve weeks before the first scheduled class session. This notification period shall exclude days not within the "work year" as defined by Article IX, Section B, of the Faculty Association contract.
5. Teaching Load Credit Hours
a. Teaching Load—Distance Learning courses are considered the same as other courses offered by the College with respect to teaching load credit hours. The College shall designate each course with either "lecture" or "laboratory" contact hours reflecting existing lab and lecture
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designation for the corresponding course offered in traditional instructional settings. In situations where there is no course offered in a traditional setting, the College shall designate lecture and/or laboratory contact hours in the same manner as it does other new courses. Faculty teaching these courses will be granted teaching load credit hours in accordance with Article IX, Section C.1, of the Faculty Association contract. Enrollment of greater than 40 students in a single section of a Distance Learning course shall entitle the faculty member to teaching load credit hours in accordance with Article IX, Section C.4, of the Faculty Association contract. The College shall have the right to offer these courses as Faculty Supervised courses in accordance with Article IX, Section C.5, and the assigned faculty member shall be granted teaching load credit hours in accordance with Article IX, Section C.5, of the Faculty Association contract.
b. Preparation Work Load for First Distance Learning Course—The College agrees to provide a faculty member approved under paragraph 4 with one additional teaching load credit hour for the preparation of course materials for the web of each new Distance Learning course developed by the faculty member and offered by the College. This additional teaching load credit hour shall be given for the additional preparation time associated with each Initial Course Assignment of a Distance Learning course developed by the faculty member.
      6. Development of Distance Learning Courses Optional Non-Compensable
The College shall refrain from assigning faculty to teach Distance Learning courses where neither Third Party Internet nor Third Party Tele/Internet course materials or materials previously developed by a fellow faculty member are available. The College shall have the right to assign faculty to teach Distance Learning courses where Third Party course materials previously developed are available. A faculty member may seek approval from the appropriate Division Dean to teach an Original Online
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course that the faculty member has developed on his or her own without assistance, release time or compensation from the College. If the Division Dean grants approval, the faculty member shall not be entitled to release time or other compensation for the development of the Original Online course.
7. Prorating Sick Time for Online Course Taught While on Sick Leave
A faculty member who is on extended sick leave for more than five consecutive workdays shall be eligible for reduction in the sick days charged if the faculty member continues to teach one or more Online Courses in the semester that the sick leave began. In order to receive reduction in the sick days charged, the faculty member must (a) be on extended sick leave for more than five consecutive workdays, (b) provide a doctor’s certification that the faculty member is able to fulfill the obligations of teaching and grading the Online Course(s) while being otherwise unable to attend campus due to health reasons, (c) continue to teach the Online Course for the balance of the semester without modification of the course syllabus or scheduled Online instruction, and (d) not have received reduction under this subparagraph in sick days charged during the preceding semester. If these conditions are satisfied, the five days of sick leave normally charged for each week of sick leave shall be reduced by one day per week for each Online Course the faculty member continues to teach during the extended sick leave. Eligibility for reduction in sick days charged shall not extend beyond the semester in which the sick leave commenced.
      Office Hours
          Faculty members who teach an Internet or Tele/Internet course may schedule up to
one office hour (sixty minutes) each semester using electronic mail and/or the Internet as the medium for communicating with students. The location of this office hour can be at an Internet site outside the County College of Morris campus. Permission to schedule one office hour using electronic mail and/or
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the Internet may also be granted to faculty who are teaching a non-Internet or Tele/Internet course, if in the sole judgment of the chairperson and Division Dean, use of electronic mail or the Internet is deemed an effective educational means of conducting the office hour. Denial by the chairperson and/or Division Dean for a faculty member to conduct an office hour for a non-Internet or Tele/Internet course using electronic mail and/or the Internet as the medium for conducting an office hour shall not be grievable.
Faculty members who will conduct office hours via electronic mail and/or the Internet must provide the Division Dean and the department chairperson with the e-mail address that will be provided to students as the "office address." The e-mail address must be provided by the faculty member to all students, either electronically or in writing, no later than the first scheduled class session.
The College shall make every effort to schedule faculty who are teaching multiple Distance Learning courses for no more than three days of traditional on-campus classes during the work week. Faculty will maintain an online office hour on the fourth day to be available to communicate with students, and make themselves available for all other contractual obligations.
      Evaluations
          1. Student Opinion Reports—The student opinion report to be administered by faculty
teaching on-line courses is included as Exhibit C.3. This form will be placed on the College website with no links to it. Students would only be informed of the on-line student opinion report when the instructor gives the URL in whichever manner fits their course (e-mail, post URL in the course, on website and other ways recommended by the instructor).
b. Administrative Evaluations—The College shall conduct evaluations of distance education courses in accordance with Article VII of the Faculty Association contract. It is understood that "classroom observations" may be conducted by the appropriate administrator(s) by logging into Internet or
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Tele/Internet courses. The College administrator conducting the classroom observation shall provide the faculty member with the advanced notice of the observation in accordance with Article VII, C.2, of the Faculty Association contract. The administrator shall have access to course material or communications transmitted via the Internet and any other material distributed to students. The College will publish an appropriate advisory notifying students that their Internet communications are subject to monitoring by the administration. Should the College conduct a "classroom observation" of an Internet or Tele/Internet course, a written report will be produced in accordance with Article VII, Section C, of the Faculty Association contract.
ARTICLE X
FACULTY PRIVILEGES

A. Faculty Members Shall be Afforded the Following Privileges:
1. Parking
The College will designate appropriate parking facilities for the use of faculty. Each faculty member will be assigned to a faculty parking area on other than an individual basis. Such parking assignments shall be made at the discretion of the College administrators, although an effort will be made to take into consideration the proximity to offices and/or classroom assignments.
2. LRC
Faculty members shall have the right to utilize the College Library/Learning Resource Center at all times when the College is in session. Upon the request of faculty members, circulating materials previously charged out to them will be renewed as often as necessary for the length of any given semester. Individual faculty members are responsible for returning such materials to the College Library upon the completion of the semester.
3. Mileage Reimbursement
Whenever an employee has received approval from the Division Dean to use his/her own automobile in order to attend an approved College-related function, he/she shall be compensated at the current College per mile rate for the most direct route of such travel. Tolls during such travel shall be reimbursed when supported by receipts.
ARTICLE X continued:
B. Tuition Reimbursement for Graduate Courses and Professional Courses:
1. Graduate Courses
The College agrees to reimburse eligible full-time faculty for the tuition cost of graduate academic courses taken at an accredited institution of higher education. Such reimbursement will be limited to six (6) academic credits per year at the maximum in-state per credit tuition rate of Rutgers, the State University. The total reimbursement to faculty for graduate tuition cost may not exceed $20,000 in each contract year. All applications for graduate tuition reimbursement must be submitted by the faculty member to the appropriate Division Dean for approval based on the following timetable: October 1 for Fall courses, February 1 for Spring courses, June 1 for Summer courses.
2. Professional Courses
Subject to the fund limitation and the prioritized reimbursement schedule described in Section B.3(b) of this Article, the College agrees to reimburse faculty for professional courses considered relevant to the faculty member's responsibilities at the College. Professional courses shall include non-credit, short-term, intensive courses that are designed to enhance instructional skill, technical skills, or content understanding. Generally, they involve specialized learning experiences, require formal registration, impart a body of knowledge, award a letter or certificate of completion and either have an evaluation component or are approved for continuing education units. Professional courses must be approved in advance by the appropriate Division Dean and must be considered relevant to the faculty member's responsibilities at the College. Scheduling of professional courses should not interfere with the performance of the faculty member's employment responsibility.
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3. Reimbursement Procedures:
a. All graduate course(s) reimbursement claims shall be considered prior to any reimbursement for professional courses. In order to be eligible for payment of tuition reimbursement for graduate courses previously approved by the Division Dean, no later than June 30, the faculty member must submit an itemized claim to the Director of Human Resources together with an official transcript or notification indicating satisfactory completion of the graduate course(s) by the course instructor verifying that the course has been satisfactorily completed. Failure to present the claim and official transcript before June 30 shall exclude the employee from eligibility for tuition reimbursement even though prior approval was obtained from the Division Dean. If the total eligible claims for graduate courses received by June 30 exceeds the applicable fund specified in subparagraph 1 of this provision, the actual amount of reimbursement per eligible graduate course credit hour shall be determined by dividing the number of eligible credits (subject to the six credit limitation) into the total fund set aside for tuition reimbursement. The resulting per credit amount shall be no more than the maximum in-state per credit tuition rate of Rutgers, the State University. Reimbursement payments for courses taken during the fall or summer semesters shall be made to eligible employees on March 15 or six weeks after documentation has been presented to the Director of Human Resources that the graduate course has been satisfactorily completed, whichever date is later. Reimbursement payments for courses taken during the spring semester shall be made to eligible employees on August 15 or six weeks after documentation has been presented to the Director of Human Resources that the graduate course has been satisfactorily completed, whichever date is later.
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b. Total reimbursement for professional courses shall be limited to any unused funds from the tuition reimbursement for graduate courses as stated in Article X, Section B.1. If there are no unused funds, there will be no reimbursement for professional courses. In order to be eligible for reimbursement for professional courses previously approved by the Division Dean, the faculty member shall submit an itemized claim, no later than June 30, to the Director of Human Resources together with notification indicating satisfactory attendance and completion of the professional course by the instructor. Failure to present the professional courses claim and instructor notification before June 30 shall exclude the employee from eligibility for reimbursement even though prior approval was obtained from the Division Dean. The employee shall be eligible to reimbursement for a maximum of three (3) equivalent professional course credit hours per contract year at the maximum in-state per credit tuition rate of Rutgers, the State University. In no situation will reimbursement for professional courses exceed the actual cost of the course. If the total eligible claims for professional courses received by June 30 exceeds the Professional Course Reimbursement Fund available, the actual amount of reimbursement per eligible professional course credit hour shall be determined by dividing the number of eligible credits (subject to the three-credit limitation) into the total fund set aside for reimbursement of professional courses. The resulting per credit amount shall be the lesser of: (i) the maximum in-state per credit tuition rate of Rutgers, the State University; or (ii) the actual cost of the course. Reimbursement payments shall be made to eligible employees on or before August 15, and only after notification to the Director of Human Resources that the professional course has been satisfactorily completed. It is understood that completion of professional courses shall not be considered the equivalent of completion of a graduate course.
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Furthermore, it is understood that professional courses shall not be considered graduate credits earned for purposes of determining the eligibility for the salary adjustment for Professional Development, Section H of Article XV.
c. Recipients of tuition reimbursement for graduate courses taken towards an advanced degree shall, upon application for tuition reimbursement, signify their obligation to remain in the service of the College for a period of not less than one full year following attainment of an advanced degree funded through the Tuition Reimbursement Program. Faculty who fail to complete one year of service following the end of the last semester for which tuition reimbursement was provided (commitment commencement date) shall be obligated to repay 100% of tuition reimbursement received during the two years preceding the commitment commencement date. The College will withhold payment for any eligible sick leave for resigning faculty who has failed to fulfill his/her repayment obligation.
C. Upon approval by the Human Resources Department, faculty members and/or their spouses may enroll at the College for credit courses on a tuition free basis for no more than a combined total of 15 credits per fiscal year. Dependent children, age 23 or younger, of faculty members who meet the College's academic standards are eligible to receive, through the Human Resources Office, a tuition waiver which allows the dependent child to enroll on a tuition free basis at the College for a maximum of 30 credits per fiscal year.
Dependent children, age 23 or younger, of faculty members or tenured faculty members who died while employed by the College who meet the College's academic standard are eligible to receive, through the Human Resources Office, a tuition waiver which allows the dependent child to enroll on a tuition free basis at the College for a maximum of 30 credits per fiscal year for a limit of 3 years.
The above indicated waiver of tuition does not apply to any and all applicable fees.
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Tuition will be waived for an employee, spouse, or dependent children who enroll for not more than a total of four Community and Professional Programs courses during each fiscal year provided that: a) there are sufficient paid enrollments to justify offering the course; or b) that the course is not provided by an outside source for which tuition cannot be waived; or c) that the course is conducted on campus. Other fees and charges incidental to the course shall be paid by the registrant.
D. Open full-time faculty and administrative positions including chairperson positions will be publicized in the Job Opportunity notice or similar other publication at least five (5) days prior to the position being filled.
E. Faculty shall be able to purchase merchandise and supplies at a 15% discount on all non-sale items, provided a 15% mark-up exists. Faculty shall be able to purchase single copies of books sold at the College bookstore at a 20% discount, provided a 20% mark-up exists.
F. Sick Leave Payout
1. Effective July 1, 1993, faculty who voluntarily terminate employment with the College and have completed 20 or more years of service at the County College of Morris on or before the date of termination shall be entitled to receive payment of one hundred percent (100%) of their accumulated unused sick leave time, not to exceed thirty percent (30%) of their annual base salary at the time of notification or $25,000, whichever amount is less.
2. If a faculty member who has completed 20 years of service at the College dies while in College service, the estate or the designated beneficiary of the faculty member shall be eligible to receive the sick leave payout specified in Section F.4 of this Article.
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3. A faculty member who has fifteen (15) years of continuous full-time service at the College and who voluntarily terminates employment shall be entitled to receive a payment for fifty percent (50%) of his/her unused sick leave, not to exceed $2,500. If the faculty member dies while in College service, the estate of the faculty member shall be eligible to receive the sick leave payment specified in this paragraph.
4. Tenured faculty members whose employment is terminated by the College because of a reduction in force shall be entitled to receive payment of one hundred percent (100%) of their accumulated unused sick leave, not to exceed thirty percent (30%) of their annual base salary at the time of notification or $25,000, whichever amount is less.
5. For purposes of computing any of the sick leave payout formulas indicated in Section F of this Article, the College will utilize the hourly rate, defined in Article IX, Section B(2), computed from the faculty member's contracted annual salary immediately preceding the faculty member's termination from the College.
6. Faculty members must notify the College of their intention voluntarily to terminate employment at least three months in advance of the effective date of termination. For the purposes of this Article, voluntary termination may take effect on the last day of either the fall or spring academic semesters. Payment of unused sick leave shall be made on or before July 1 following the date of termination. Failure to provide proper notice will result in a delay of payment for any unused sick leave equal to the time that the notice was late.
G. Retired faculty who served the College for 25 years or longer shall be permitted to use the library facilities, the recreation facilities, and use the faculty parking lot. Upon request, these faculty will be provided a parking sticker.
ARTICLE XI
SPECIAL PURPOSE LEAVE

Special purpose leaves of absence without compensation or fringe benefits may be granted by the President of the College upon application of a faculty member after favorable recommendation of such leave by the department chairperson, Divisional Dean and the Vice President of Academic Affairs. It is intended that not more than five (5) faculty members will be granted special purpose leaves during one (1) academic year. Application for special purpose leave of absence must be submitted to the President of the College at least three (3) months prior to the requested commencement date of the leave. The application for special purpose leave of absence must meet the eligibility requirements and criteria set forth in this Article. Final determination of whether or not the request shall be granted shall rest solely in the discretion of the President, and his/her decision shall not be grievable.
A. Eligibility Requirements
Faculty members who have completed six (6) consecutive years of service to the College shall be eligible for special purpose leave not to exceed two consecutive semesters in duration. Faculty members who have completed two (2) consecutive years of service to the College shall be eligible for special purpose leave which dos not exceed one (1) semester in duration.
B. Criteria
Those faculty members who have completed six (6) years of service to the College may request special purpose leaves for the following purposes:
1. Acceptance of invitational self-terminating assignments offered by governmental agencies or non-profit foundations seeking faculty member's special expertise.
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2. Completion of a graduate program of advanced study leading to a degree relevant to such faculty member's teaching field.
3. Services as a full-time officer or full-time staff member of a non-profit professional organization involved in the furtherance of scientific research or educational projects.
4. Employment by a profit-making organization.
Those faculty members who have completed two (2) consecutive years of service may request special purpose leave for the purpose of either completing a graduate program of advanced study leading to a degree relevant to such faculty member's teaching field, or to take graduate level instruction at an accredited institution of higher education, in order to acquire new methodology essential to the specific academic disciplines of such individual, provided that the duration of leave for advanced study does not exceed one academic semester. A one semester special purpose leave at the discretion of the Board of Trustees may be extended up to the end of the next consecutive academic semester, providing written request for such extension is submitted to the President of the College not later than 45 days prior to the date fixed by the County College of Morris for commencement of the next consecutive academic semester.
C. General Requirements
No such application shall be approved unless the President is satisfied that the absence of such faculty member will not be detrimental to curricula or on-going programs of the College, and unless the President is satisfied that as a result of such leave benefit will accrue to the College.
D. Intent to Return
A faculty member applying for such leave shall signify in writing to the Vice President of Academic Affairs his/her intent to return to full-time employment upon expiration of the leave.
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E. Reemployment
A faculty member on special purpose leave shall not be entitled to receive compensation or other benefits during the leave, including but not necessarily limited to seniority, longevity, salary, pension or health benefits. Upon expiration of such leave the faculty member shall be entitled to employment in the same position and at the same salary held at the commencement of the leave, providing the position has not been abolished in accordance with law.
ARTICLE XII
LEAVES OF ABSENCE

A. Parental Leave
1. A faculty member in anticipation of parenthood as a result of natural childbirth or adoption may apply for a leave of absence without pay or fringe benefits except as hereinafter specified. A request for parental leave shall be made in writing to the Vice President of Academic Affairs at least sixty (60) days prior to the day the leave is to become effective, unless the physician or representative handling a legal adoption specifies the necessity for such leave to commence on shorter notice. Faculty members on parental leave during the period of the actual faculty member's physical disability due to pregnancy shall be eligible to receive all benefits associated with temporary disability on the same basis as such eligibility is determined due to any other disability. Retirement and medical benefits shall be granted during the period of parental leave in conformity with the laws, rules and regulations established by appropriate state departments. Time spent on parental leave after the expiration of the semester in which such leave commences shall not be counted as regular service for promotion, salary adjustment, or seniority.
2. A faculty member returning from parental leave shall be required to give sixty (60) days written notice to the Vice President of Academic Affairs of the desired date for return to employment. Return to employment at a time other than the beginning of a new semester shall be at the discretion of the College. The College administration will place the faculty member, upon his/her return, in the same position and salary he or she vacated at the commencement of the leave, providing the position has not been abolished in accordance with law.
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3. If parental leave has been taken by a mother on account of her pregnancy, a statement from the faculty member's physician certifying that the faculty member is physically able to return to duty shall be furnished to the College before return from parental leave is permitted.
4. Parental leave for tenured faculty members may extend up to one (1) year. Parental leave for non-tenured faculty members shall not extend beyond June 30 of the current academic year in which such leave commences. Failure of a non-tenured faculty member to deliver written notice of intention to return to employment by June 30 of the academic year in which the leave commenced shall, at the option of the College, constitute a notice of resignation.
B. Bereavement
Faculty members shall be entitled to up to five (5) days leave with pay for observance of the death of spouse, domestic partner, father, mother, child, sibling, grandparents, or parents of a spouse or domestic partner. For purposes of this Article, a domestic partner shall be defined as an individual who has shared a residence with a faculty member for more than six months, who is older than 18 years of age and who is not related by blood. Relationships of stepchildren and adopted children shall be considered the same as naturally-born. Faculty members shall give reasonable and prompt notice to their department chairperson and upon returning from bereavement leave shall confirm in writing to the department chairperson the purpose of the leave and the relationship of the decedent. In the case of the death of a domestic partner, the faculty member may be required to provide additional proof of co-residency. Unused bereavement leave shall not be accumulated after the expiration of the contract term for the following academic year, nor shall such unused leave be compensated upon termination of employment or retirement.
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C. Jury Duty
When a faculty member receives a subpoena for jury duty, he/she shall be given a leave for the term of such jury duty providing notice of jury duty is presented to his/her department chairperson immediately upon receipt of same. The faculty member on jury duty is expected to report to work whenever not actively serving as juror, providing such duty has been excused by the judge or other duly-authorized court official. While serving on jury duty, the faculty member shall be paid the difference between regular salary, computed on a daily basis, and the daily jury fee paid by the court. A certification of the number of days actually spent by the faculty member on jury duty service must be obtained from the appropriate court official and must be submitted to the Vice President for Business and Finance. However, the College will not compensate faculty members who are absent from employment whether voluntary or under subpoena to participate as a litigant or witness in any proceedings, judicial or otherwise, in which the faculty member or association is an interested party, or the College or any of its employees is a litigant. The faculty member will suffer no loss of compensation when testifying under subpoena issued by the College or under subpoena of a third party who has made a claim against the College or its personnel, providing such third party is not an employee of the College.
D. Government Service Leave
Any tenured full-time faculty member elected to hold office in county, state or federal government shall be entitled to a leave of absence without pay for the first term of such elective county, state or federal office. Time spent on such government service leave shall not be counted as regular service for purpose of promotion, salary adjustment, seniority in faculty affairs, retirement, or other ancillary benefits.
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E. Personal Leave
1. During the first academic year of employment, each faculty member shall be entitled to up to two (2) days per contract year with full pay to take care of personal or family emergencies or responsibilities, or to observe religious holiday. Commencing with the second academic year of employment each faculty member shall be entitled to up to five (5) days leave per contract year with full pay to observe religious holidays, to take care of personal or family emergencies or responsibilities that cannot be scheduled at a time which does not conflict with performance of employment duties.
2. A faculty member planning to use a personal leave day shall (whenever possible) submit five (5) days in advance of the requested leave, a written request to the Division Dean setting forth the reason for such leave, and further advising of the arrangements the faculty member has been able to make with his/her colleagues for coverage of his/her employment duties during such absence. An informational copy of the written request is to be forwarded by the faculty member to the Department Chairperson. Approval of personal leave requests should be obtained in advance from the Division Dean who will give such approval except for personal leave falling during times specified in Section E.4 of this Article. Whenever possible, the Division Dean shall deliver such written approval in advance of the leave. Personal leave is not intended to be used to extend other types of leaves provided in this Article, such as sickness, injury, or bereavement leaves. While the College may permit such extensions, denials by the Division Dean to add personal leaves to extend other types of leaves shall not be grievable.
3. Personal leave may not be utilized in increments of less than one full day (seven hours). One day (seven hours) will be charged whenever a faculty member is absent for all of his/her assigned classes and other scheduled responsibilities such as office hours, advisement sessions, and
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academic meetings. The only exception to this will be that a half day (three and one-half hours) will be charged in those situations where a faculty member meets part of his/her scheduled obligations for the day.
4. The use of personal leave at the times listed below shall be deemed questionable, requiring that the faculty member submit in advance of the leave sufficient information to enable the Division Dean to verify that the personal leave is unavoidable due to extraordinary circumstances:
(i) On the faculty member's work day immediately preceding or following a holiday, winter recess, or spring recess.
(ii) During the faculty member's first two class days of the work year.
(iii) On a calendar day which is coincident in time or by event each year to personal leave taken on the same calendar day in the prior contract year or taken at the time of the same event.
F. Military Leave
A faculty member inducted into the armed forces during the period of this Agreement shall have the right to reinstatement to his/her former position at the termination of such military service, providing that within ninety (90) days of receiving a discharge, other than dishonorable discharge, from such armed forces, the faculty member applies to the College for reinstatement. Time spent during such inducted military service shall be treated as a leave of absence during which the faculty member shall not be entitled to any form of compensation. The faculty member returning from such military leave shall receive the salary which would have been achieved had it not been for the absence on military leave. Such returning faculty member shall be afforded all other rights provided by applicable statutes, including N.J.S.A. 18A:6-33. The College, for a period of no more than fifteen (15) days, will pay to a faculty member on active duty in the National Guard or the U.S. Armed Forces reserve, the difference between
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the compensation received from the National Guard or the U.S. Armed Forces reserve and such faculty member's regular salary, provided that the National Guard or the U.S. Armed Forces reserve requires such faculty member to be on duty on dates other than the months of July and August. No compensation will be paid by the College for service of faculty members in the National Guard or the U.S. Armed Forces reserve during the months of July and August.
G. Sick Leave
Each faculty member shall be entitled to a maximum of ten (10) sick days during the work year. In the event a faculty member is absent for three (3) or more consecutive working days, the College may require such faculty member to produce a doctor's certification of illness or injury. During such permitted sick leave the faculty member shall receive full salary. The faculty member shall be responsible to give prompt notice to his/her department chairperson of sick leave absences, giving the reason and probable duration of such sick leave.
H. Coordination of Leaves with Family and Medical Leave and/or NJ Family
Leave Entitlements
If a faculty member is eligible for leave time pursuant to the federal Family and Medical Leave Act and/or the New Jersey Family Leave Act ("Statutory Leave"), any paid sick leave or personal leave permitted and taken under the provisions of this contract shall be substituted for and credited against the Statutory Leave entitlement.
I. Workers' Compensation
Faculty members injured in circumstances arising out of and in the course of their employment and are eligible for wage replacement benefits under the College's workers' compensation coverage shall continue to receive their full base salary pay. The faculty member shall continue to receive
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his or her base salary and will not be charged for any accumulated sick leave or personal leave as long as he or she is considered disabled and unable to work under the workers' compensation policy. Faculty members shall be required to reimburse the College for any wage replacement benefits received under the workers' compensation policy. New Jersey Workers' Compensation Law (NJSA 34:15) and corresponding procedures and regulations as administered by the N.J. Department of Labor shall determine whether an injury is eligible for benefits. Any disputes over eligibility for benefits shall not be grievable under the faculty contract, but may be appealed through the N.J. Department of Labor.
J. Sabbatical Leaves
1. Purpose and Use of Sabbatical Leaves
Sabbatical leaves are awarded by the Board of Trustees to selected members of the full-time teaching faculty to foster their creative activities related to their teaching disciplines, which will increase their professional effectiveness and usefulness to the College. Acceptable pursuits include graduate studies, research, or writing in completion of a degree, scholarly research, and/or writing for publication, advanced study, or other intellectual activities or travel clearly relevant to and designed to enhance the recipient's value to the College. Sabbatical recipients who engage in any remunerative employment while on leave shall report to the Vice President of Academic Affairs the nature of such employment. Employment which does not satisfy the guidelines established in the N.J. Administrative Code, Sections 9:2-10.1 to 9:2-10.2, as continued by the New Jersey Commission on Higher Education, shall be prohibited.
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2. Eligibility
Eligibility is limited to faculty members who:
(a) as of the date of submission of Letters of Intent (as described in Section J.5 of this Article) have completed six (6) (not necessarily continuous) years of appointment to the full-time faculty with concurrent membership in the faculty bargaining unit; and
(b) have not been granted either an administrative or faculty sabbatical leave by the College during the six (6) years immediately preceding the time at which the proposed leave would begin.
Having satisfied these criteria, eligibility is further limited to otherwise eligible faculty members who have demonstrated a high degree of performance and promise in their work and who have otherwise served the College in exemplary fashion, conditions hereinafter referred to as the "Performance Eligibility Criteria."
3. Period and Salary
Sabbatical leaves are awarded for either one or both semesters of a given academic year. Applicants are required to request one or the other at the time of application. The College will consider the needs and wishes of the applicant with respect to the timing of the leave but reserves the right to adjust or defer the leave in accordance with the need of the College for the applicant's services. Salary paid the recipient by the College during the sabbatical leave shall be one-half of the recipient's annual contract salary for a two-semester leave, or one-half the annual contract salary for a one-semester leave. Salary payments will be made biweekly during the leave.
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4. Faculty Sabbatical Leave Committee
Six (6) members of the tenured faculty, representing broadly the academic disciplines within the College, shall be appointed annually by the President of the College as the Faculty Sabbatical Leave Committee. Such committee shall evaluate all applications from full-time faculty members (excluding chairpersons) and shall interview such applicants. The Faculty Sabbatical Leave Committee shall make a determination to recommend or not recommend each application filed with it. The Faculty Sabbatical Leave Committee shall forward to the Vice President of Academic Affairs all sabbatical leave proposals which the committee endorses and recommends, ranking such proposals in order of priority, together with the rationale in writing for the committee's acceptance of each proposal. The Committee shall forward all proposals recommended by it whether or not the total recommended is more or less than the limitations set forth in subparagraph 9.
5. Submission of Letter of Intent and Application
An eligible faculty member who intends to apply for a sabbatical leave shall submit to the President of the Faculty Association on or before October 15, a written Letter of Intent to apply for sabbatical leave, indicating his/her name, the month and year in which the faculty member was appointed to the full-time faculty, his or her length of service as a full-time faculty member, and the dates, if any, of his or her most recent sabbatical leave. After October 15, the President of the Faculty Association shall meet with the Vice President of Academic Affairs to review the information provided by the prospective applicants in the Letters of Intent. No later than November 1, the Vice President of Academic Affairs shall advise the prospective sabbatical applicants of his/her determination whether they are eligible to apply for a sabbatical, based upon years of service eligibility under subparagraphs (a) and (b)
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in Section J.2 of this Article. Applications from faculty members for sabbatical leave shall be submitted to the Faculty Sabbatical Leave Committee, with copies to the faculty member's department chairperson and division dean, no later than November 15 of the year preceding the academic year in which the leave is desired. Applications shall contain a detailed prospectus of the intended activity, including purpose, objectives and plans, and shall explicitly describe how the proposed activity will increase the recipient's value to the College.
6. Review and Award
The Vice President of Academic Affairs shall appropriately review and evaluate the sabbatical leaves recommended by the Faculty Sabbatical Leave Committee and whether the applicant meets the Performance Eligibility Criteria in Section J.2 of this Article. The Vice President of Academic Affairs shall simultaneously forward to each applicant recommended by the Faculty Sabbatical Leave Committee, his evaluation of that applicant's proposal, and whether the applicant meets the Performance Eligibility Criteria, indicating any deficiencies and reasons for rejection. The President shall defer review and decision on faculty sabbatical proposals for thirty (30) calendar days from receipt of the recommendations of the Vice President of Academic Affairs. Each applicant recommended by the committee shall have the right to submit a revised or supplemented prospectus to the President of the College within thirty (30) calendar days from the Committee's receipt of the recommendations of the Vice President of Academic Affairs. Any such revised or supplemented prospectus submitted within such thirty (30) day period shall be considered by the President, but the President shall retain the discretion to recommend or reject any sabbatical leave proposal. Those sabbatical leave proposals approved by the
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President shall be submitted to the Board of Trustees for its consideration and award of sabbatical leaves. The President of the College will advise the Committee and the Association in writing of the reasons for rejecting any recommendations of the Committee.
7. Obligation to Return and Report
Recipients of sabbatical leaves shall, upon acceptance of a sabbatical leave award, signify their obligation to remain in the service of the College for a period of not less than two (2) consecutive years following expiration of the leave. Recipients of sabbatical leaves who return to the College for the fall semester shall submit to the Vice President of Academic Affairs on or before October 15, copies of comprehensive written report of the activities and accomplishments of the leave and its value to the College, such report to be of publication quality. Sabbatical leave recipients who return to work for the spring semester shall submit their comprehensive written report to the Vice President of Academic Affairs on or before March 15. The Vice President of Academic Affairs shall forward copies of the sabbatical recipient's report to the President of the College so that the report can be distributed to the Board of Trustees.
8. Conditions of Sabbatical Leave Awards
(a) It is clearly the intent of the Board of Trustees to make sabbatical leave awards, within the limitations of funds available, to those applicants whose past performance, promise, and plans for leave are demonstrably superlative and whose absence would not impair or impede the effectiveness of their department during the time of the leave.
(b) The period of sabbatical leave shall be credited as regular full-time service for retirement purposes, the granting of salary adjustment and other benefits as though the recipient were in regular employment.
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(c) The Board of Trustees may, upon special recommendation of the President of the College and the Faculty Sabbatical Leave Committee, consider an applicant for sabbatical leave who has completed less than six (6) years of appointment to the full-time faculty with concurrent membership in the faculty bargaining unit.
(d) The Board of Trustees may approve exceptions to the rule of "no remunerative employment" where unusual circumstances prevail, such exceptions to be individually determined and non-precedent setting.
9. Funding
The Board will fully fund four sabbatical leaves each contract year.
ARTICLE XIII
REDUCTION IN FORCE

A. Reduction in Force
In the event of reduction in force, the College and the Association agree the provisions of NJAC 9A:7-2.1 through 9A:7-2.6 and 9A:7-2.8 through 9A:7-2.11 will apply, as continued by the New Jersey Commission on Higher Education.
B. Notice of Layoff
1. Upon the presentation to the Board of Trustees by the President of a plan and recommendation to implement the reduction in force, the President shall give written notice of his layoff plan and recommendation to the Faculty Association and to all individuals subject to the proposed layoff, fifteen (15) days before the formal Board action on the layoffs. After formal Board action implementing a reduction in force, the College shall give written notification to each employee who is scheduled to be laid off of such fact one hundred twenty (120) days before implementing the layoff.
2. For purposes of calculating the notice periods under this Article only, days after the end of the work year and before the commencement of the next work year as defined in Article IX, Section B.1 shall not be counted.
ARTICLE XIV
HEALTH AND PENSION

A. Health
1. As long as the College remains in the State Health Benefit Plan (SHBP), eligible employees may enroll in the SHBP in accordance with the established procedures. The College shall bear the full cost of premiums for the employee and his/her dependents for coverage under either the SHBP or under any substitute health insurance plan selected by the College which provides a traditional indemnity program and one or more managed-care options. If the College elects to withdraw from the SHBP, the substitute health insurance plan will provide (i) benefit levels that, in the aggregate, are more beneficial to the covered employees than the two medical plans having the greatest enrollment of CCM employees at the time of withdrawal from the SHBP, and (ii) an appeal process by which employees may appeal to the insurance carrier denials of coverage or benefits. The College will provide the Faculty Association with a copy of the master contract for the new plan ninety (90) days before implementing the new plan.
2. Should the College decide to substitute another insurance plan for the SHBP, the College will provide affected employees with forty-five (45) days written notice of the effective date of the change in health plans. Affected employees shall be furnished with a description of the substitute health plan. During the forty-five (45) day period, employees shall have the option of electing any benefit options that may be offered by the substitute health insurance plan.
3. If the College ceases to participate in the SHBP, the College Department of Human Resources will continue to provide on-campus administration of health benefits and will distribute to affected employees notification of changes in the level of benefits. The Department of Human Resources
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will assist the employee in obtaining an expeditious determination by the insurance carrier of any appeal of a denial of coverage or benefits.
4. All questions and disputes arising under the terms of any health insurance plan substituted for the SHBP shall be determined under the appeal process established by the insurance carrier and not under the grievance procedure set forth in Article V. A decision of the College to withdraw from the SHBP and the selection of the health insurance plan providing substitute coverage are prerogatives of management and are not grievable. However, the Faculty Association shall have the right, within forty-five (45) days after its receipt of the master contract for the new plan, to advise the College in writing of its position that the substitute health insurance plan does not provide benefit levels that, in the aggregate, are more beneficial to the covered employees than the two medical plans having the greatest enrollment of CCM employees at the time of withdrawal from the SHBP ("Notice of Dispute"). Within ten (10) days from the College's receipt of the Notice of Dispute, the College and the Faculty Association will agree upon the appointment of an independent employee benefit specialist firm or individual. The independent specialist shall only determine whether the substitute health benefit plan does or does not provide benefit levels that, in the aggregate, are more beneficial to the covered employees than the two medical plans having the greatest enrollment of CCM employees at the time of withdrawal from the SHBP. The independent specialist must have offices in the state of New Jersey and shall not then be providing services or consultation to county colleges in New Jersey or to the New Jersey Education Association or any of its affiliates. If an independent specialist has not been mutually agreed upon and appointed within the ten (10) day period, either party may apply to the Superior Court Assignment Judge, Morris County, to appoint an independent health benefit specialist to determine the dispute. The determination of the
ARTICLE XIV continued:
independent health benefit specialist shall be binding on the parties and shall not be grievable. The costs of the services of the independent health benefit specialist will be shared equally by the College and Faculty Association. If a Notice of Dispute as permitted in this Section A.4 is timely served upon the College, the substitute health insurance plan shall not become effective unless the parties agree in writing otherwise, or the independent specialist determines that the new benefit levels, in the aggregate, are more beneficial to the covered employees than the two medical plans having the greatest enrollment of CCM employees at the time of withdrawal from the SHBP.
B. Pension
All employees must enroll in the Alternate Benefit Plan or other state administered pension system in accordance with the established procedures of the System.
C. Dental Plan
The College shall provide a dental program providing individual coverage to all members of the bargaining unit by a dental care insurance policy. The College shall have the right to substitute a comparable dental policy for the Delta Dental Plan. After the expiration of this agreement, the College shall not be obliged to pay any dental premium increase beyond the individual premium in effect during the last year of this agreement.
The College shall offer a voluntary dental program for the spouses and eligible children of all bargaining unit members with premiums fully paid by the employees who elect this coverage. The overall level of benefits will be equivalent to those dental benefits provided to employees. The availability of this dependent coverage on an annual basis will be subject to minimum participation limitations established by the insurance provider.
ARTICLE XV
SALARY

A. Salary Increase
1. The following adjustments or increase shall be added to a faculty member's base salary and therefore increase the faculty member's base salary:
a. Salary Increase (Adjustment) - Section A.2 through A.7 of this Article.
b. Service Bonus Adjustment - Section A.8 of this Article.
c. Adjustment for Doctorate Degree -Section G. of this Article.
d. Recognition for Professional Development - Article H of this Article.
Should the application of any of these adjustments or increases cause the faculty member's base salary to exceed the applicable maximum salary range, as indicated in Exhibit D of this agreement, then such faculty member's base salary shall only be increased to the maximum of the applicable salary range.
2. Salary Increases for Fiscal Year 2006-2007:
Effective August 29, 2006, the base salary of each unit member who was employed full time by the College for one semester or more during the preceding academic year shall be increased by $1,730.
3. Salary Increases for Fiscal Year 2007-2008:
Effective August 30, 2007, the base salary of each unit member who was employed full time by the College for one semester or more during the preceding academic year, shall be increased by $1,840.
ARTICLE XV continued:
4. Salary Increases for Fiscal Year 2008-2009:
Effective August 28, 2008, the base salary of each unit member who was employed full time by the College for one semester or more during the preceding academic year shall be increased by $2,000.
5. For each year of this contract faculty members will have added to their base salary the following specified amount based upon their completed years of full-time service to the College:
Years of Service Amount
0 through the end of 5th year $ -0-
6th through the end of the 10th year $ 250
11th through the end of the 15th year $ 500
16th through the end of the 20th year $ 750
21st year through the end of the 25th year $1,000
26th year through the end of the 30th year $1,250
31st year through and above $1,500
An academic year in which a faculty member was employed full time for one semester or more will be calculated as a full year of service for purposes of this paragraph.
6. Salary ranges for each contract year are set forth in Exhibit D.
B. Payment of Salary
Salary for the contract term shall be paid to each faculty member biweekly during the ten (10) months of the academic year, or at the faculty member's option, over a twelve-month (12) period from September through August. Faculty members who choose to be paid over a twelve-month period
ARTICLE XV continued:
shall notify the Payroll Department in writing on or before August 1 of their election for the upcoming payroll cycle. Salary payments shall not be advanced. Those on leave shall be paid upon return to employment, except as otherwise provided in agreement (Article XII, Section J.3). Pay checks will be distributed via each faculty member's chairperson or during the academic year when faculty are not required to be on campus, via the U.S. Postal Service to the last known address on file in the Human Resources Office. Faculty who elect to be paid on a twelve-month (12) cycle shall receive their July and August pay checks via the U.S. Postal Service to the last known address on file in the Human Resources Office. The Board reserves the right to determine the form of checks, accounting procedures, and whether to issue same manually or by computer or have such services performed by outside contractors. The College further reserves the right to require paychecks be distributed via automatic, direct deposit. The College shall incur no liability to any faculty member for the delay in the distribution of salary checks due to causes beyond the control of the College.
C. Legal Limitations or Impositions
This Agreement and specifically the wages provided for in this Article are subject to present and future limitations, freezes, stabilization, or other statutes, executive orders, or administrative regulations which federal or state law or authorities may enact. To the extent that any provision of this Agreement or the wages provided for herein exceed that permissible by any federal or state law, executive order or administrative regulation, such provision or excess wage shall be deemed invalid except to the extent permitted. Such invalidity shall not nullify this Agreement which in all other respects shall continue in full force and effect.
ARTICLE XV continued:
D. Withholding Salary Adjustment
Upon recommendation of the President of the College, the Board of Trustees reserves the right to withhold any portion of the salary adjustment for inefficiency and for other good cause
E. Initial Salary
The College in its discretion shall determine the initial salary within the ranges established in Exhibit D. Placement of lecturers will be in accordance with the following guidelines. The classification of Lecturer is intended to accommodate special situations whereby benefit may accrue to the College and its educational program. The qualifications for the rank of Lecturer include the capacity to make a special contribution in a literary, scientific or technological field which is not within the scope of recognized graduate study. Lecturers shall be appointed at an annual salary within the ranges of the established salary ranges and shall be eligible to receive the salary adjustments resulting from modifications of this agreement.
F. Adjustment for Promotion in Rank
A faculty member granted a promotion in rank will receive the following additional salary adjustment effective with the starting dates of the year in which the promotion is granted:
Instructor to Assistant Professor 0
Assistant to Associate Professor $800
Associate Professor to Professor $800
G. Adjustment for Doctorate Degrees
All faculty who have either the Doctorate Degree or its equivalent, as specified under Section H of this Article, shall be annually granted a $300 adjustment to their base salary in each year of this agreement.
ARTICLE XV continued:
H. Recognition for Professional Development
Faculty members who wish to be considered for recognition of graduate study must submit to the Vice President of Academic Affairs evidence of eligibility 20 days in advance of the beginning of the semester. For purposes of determining eligibility only those credits earned in a formal graduate program at an accredited institution of higher education and related to his/her teaching responsibilities will be considered in computing equivalent degrees:
1. Forty-two (42) graduate credits beyond the earned Masters Degree, relevant to academic responsibilities, shall be equivalent to a Doctorate.
2. A law degree, a professional engineer's license with a bachelor's degree, or a Master of Fine Arts degree shall be equivalent to a Doctorate. Upon completion of the Doctorate Degree or the equivalent, a faculty member will have $900 added to his/her salary effective the semester for which evidence of eligibility was provided in accordance with the above. In each subsequent year of this contract such faculty member will receive an additional $300 base salary adjustment.
I. Adjustment for Achievement of Tenure
A faculty member granted tenure shall be given a one time adjustment to base salary of $400 effective with the first semester with tenure.
ARTICLE XVI
NEGOTIATIONS

The Board and the Association will agree to commence negotiations over a successor agreement in accordance with the rules and regulations of PERC. Any agreement so negotiated will be reduced to writing and signed by the parties. The parties will attempt to schedule such negotiations so as not to interfere with the employment responsibilities which the negotiating representatives have to the College. Neither the Board nor the Association shall have or exercise control over the selection of the negotiating representatives of the other party. Any administrators, chairperson or supervisor who evaluates or supervises faculty members in the collective bargaining unit shall not serve as a negotiating representative of the unit governed by this Agreement. The representatives shall have all necessary authority to make proposals and counter-proposals during negotiations, subject to ultimate ratification by the Board and Association. It is recognized that no final agreement may be executed or become binding without ratification by the Board and the Association.
ARTICLE XVII
AMENDMENT OF AGREEMENT

By mutual consent only, the parties may enter into negotiations during the term of this Agreement for the purpose of amending same. This Agreement shall not be modified in whole or in part except by mutual agreement of the parties. Mutually acceptable amendments shall be reduced to writing and submitted for ratification by the Board of Trustees and the Association.
ARTICLE XVIII
SEPARABILITY AND SAVINGS

If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE XIX
ACADEMIC FREEDOM

A. It is the policy of the College to maintain and encourage, within the law, freedom of inquiry, teaching, publishing and research. The exercise of this freedom extends to the faculty member's classroom discussion of the course and inquiries which relate thereto. A faculty member may not claim as his/her right the privilege of discussing in the classroom controversial matters which have no relationship to the course subject.
B. Faculty members acting as advisors to student organizations or participating in College-sponsored lecture programs or symposia are assured the same academic freedom which they enjoy in the classroom.
C. In the role of citizen, a faculty member has the same freedom as other citizens. However, in making extramural remarks, a faculty member has the obligation to indicate that he/she is not a spokesman for the College.
ARTICLE XX
BOARD RIGHTS AND RESPONSIBILITIES

A. The Board of Trustees hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement or which may hereafter be conferred upon and vested in it by the laws and Constitution of the State of New Jersey and of the United States.
B. The exercise of the foregoing powers, rights, authority, duties or responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited by the terms of this Agreement, and then only to the extent such terms hereof are in conformance with the Constitution and Laws of New Jersey and of the United States.
C. Nothing contained herein shall be construed to deny or restrict the rights, responsibilities and authority of the Board under National, State, County or Local laws.
D. The College shall be responsible for acquainting its administrative staff with the provisions of this agreement.
ARTICLE XXI
NON-DISCRIMINATION

A. Pursuant to the New Jersey Employer-Employee Relations Act, the Board and the Association hereby agree that every employee of the Board covered by this Agreement shall have the right to freely organize, join and support the Association for the purpose of engaging in collective negotiations, or to refrain from doing so. The Board and the Association agree that they shall not directly or indirectly discourage or deprive or coerce any employee covered under this Agreement in the enjoyment of any rights conferred by the New Jersey Employer-Employee Relations Act, and that they shall not discriminate against any such employee by reason of his/her membership or non-membership in the Association, or his/her participation or non-participation in any activities of the Association.
B. Neither the Board nor the Association shall discriminate against any employee because of race, creed, color, age, gender, national origin, sexual orientation or marital status.
ARTICLE XXII
FULLY BARGAINED PROVISIONS

This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues for the term of this Agreement. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
ARTICLE XXIII
DEDUCTIONS FROM SALARY

A. The College agrees to deduct from the salaries of its employees dues which said employees individually and voluntarily authorize the College to deduct. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969, N.J.S.A. (R.S.) 52:14-15.9e. Said monies, together with records of any collections, shall be transmitted to the Treasurer of the Association. Employee authorizations shall be in writing and such authorizations shall continue in accordance with law until a notice of withdrawal is filed by the employee.
B. If during the life of this Agreement there shall be any change in the rate of membership dues, the Association shall furnish to the College written notice sixty (60) days prior to the effective date of such change. It is understood that the only obligation of the College shall be to remit to the Association the total deductions.
C. The Association will provide the initial necessary "check-off authorization" form and the Association will secure the signatures of its members on the forms and deliver the signed forms to the President, or his/her designee. Upon the College compliance with the provisions of Chapter 233, the Association shall indemnify, defend and save the College harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the College in reliance upon salary deduction authorization cards submitted by the Association to the College.
ARTICLE XXIV
COPYRIGHT

A. Introduction
This Article determines ownership rights in original works of authorship (hereafter collectively called works) by members of the Faculty governed by this Agreement.
"Original works of authorship" includes, but is not limited to:
1. Any written works, including books, journal articles, texts, glossaries, bibliographies, study guides, course descriptions, laboratory manuals, syllabi, tests, test answers, and proposals.
2. Lectures, musical or dramatic compositions, and unpublished scripts.
3. Films, filmstrips, charts, transparencies, and other visual aids.
4. Video and audio tapes and cassettes.
5. Live video and audio tapes and cassettes.
6. Programmed instruction materials.
7. Computer programs.
8. Pantomimes and choreographic works.
9. Pictorial, graphic, and sculptural works.
10. Sound recordings.
11. Materials originally created and uploaded into internet courses.
ARTICLE XXIV continued:
B. Determination of Rights
1. Institutional Ownership: If a faculty member produces materials in the performance of assigned duties, then the College shall own such materials and income derived from them shall belong to the College. "Materials" include, but are not limited to, such things as tests, test answers, syllabi, course descriptions, laboratory manuals, and study guides, required for the instructional program.
2. Joint Ownership: If the College funds creation of a work by means of released time, or through the assistance of other employees, or with equipment to which the faculty member would not normally have unrestricted access, then the College shall have joint ownership with the faculty member. Joint ownership shall entitle the College to license and to sell such works and to share equally royalties, commissions, profits or proceeds which the College has received from the licensing or sale of the work. The College will supply the faculty member with an annual accounting of such proceeds, and will disburse half of such proceeds to the faculty member by July first of each year. Joint ownership provided by this Article shall be perpetual.
3. Individual Ownership: In all cases other than those covered by paragraphs (1) and (2) above, ownership rights shall reside with the Faculty member alone.
ARTICLE XXV
DURATION OF AGREEMENT

This agreement shall be effective from August 29, 2006, and remain in full force and effect through August 29, 2009.




IN WITNESS WHEREOF, the parties have caused these presents to be signed by their proper officers on the date first above written:

COUNTY COLLEGE OF MORRIS

By
Chairman
Board of Trustees


FACULTY ASSOCIATION OF THE COUNTY
COLLEGE OF MORRIS, INC.
(affiliated with the N.J. Education Assoc.)



By
President
EXHIBIT B
STATEMENT OF GRIEVANCE OR APPEAL
(Attach supplemental pages as necessary)
TYPE OF GRIEVANCE (must be specified): Contractual
Non Contractual
Statutory-Regulatory
Grievant Signature

DATE MOVED: Step I Step II
1. Statement of facts out of which grievance arises:


2. Identification of the grievant(s):
Individual:
Group:
3. Applicable provisions of agreement (if any)


4. Identification of witnesses to be called:
Name of Witness Relevance

  1. Relief requested:


6. Summary of previous decisions:
Step I relief:

Rationale:

Step II relief:

Rationale:

91EXHIBIT C.2
COUNTY COLLEGE OF MORRIS

STUDENT OPINION REPORT

TELECOURSES

Please provide the following information.

Course Title: Section Number:

Instructor: Semester: 20

Student's Academic Major: Anticipated Grade:

Is this a required or elective course?

Why did you decide to take this course? Did you know it was a telecourse?




Please indicate your participation in the course by circling the appropriate response to the following questions.
  1. Did you attend the orientation session for this course?
          No Yes
  1. How many of the videos were you able to watch in their entirety?
      None A Few About Half Most All
  1. Approximately how many hours did you devote to this course per week.
      1 2 3 4 5
      Hour Hours Hours Hours Hours
      or Less or More
  1. How frequently during the term did you contact the instructor for extra help or
      consultation?
      1 2 3 4 5
      Time Times Times Times Times
or Less or More


96
Please rate the following components of the course by circling the response that most accurately expresses your opinion.
  1. Clarity of the syllabus.
      1 2 3 4 5 6
      Poor Fair Adequate Good Excellent Syllabus
Not
Provided
  1. Clarity of information about the course during the orientation.
      1 2 3 4 5 6
      Poor Fair Average Good Excellent Orientation
Not Held
  1. Availability of the instructor for telephone consultation.
      1 2 3 4 5 6
      Never Sometimes Average Usually Always Never
      Available Unavailable Availability Available Available Telephoned
      for Calls for Calls for Calls for Calls Instructor
  1. Responsiveness to telephone messages.
      1 2 3 4 5 6
      Never Rarely Sometimes Usually Always Never Left
      Returned Returned Returned Returned Returned Messages for
      Calls in a Calls in a Calls in a Calls in a Calls in a Instructor
      Timely Timely Timely Timely Timely
      Manner Manner Manner Manner Manner
  1. Helpfulness of consultation sessions.
      1 2 3 4 5 6
      Not Somewhat About Somewhat Extremely Did Not Seek
      Helpful Unhelpful Average Helpful Helpful Consultation
      at All
  1. Clarity of written assignments.
      1 2 3 4 5 6
      Extremely Usually Usually Clear Extremely No Written
      Unclear Unclear Clear Clear Assignments
Given



97
  1. Organization of campus meetings.
      1 2 3 4 5 6
      Extremely Below Average Above Exceptionally No Campus
      Disorganized Average Average Well Meetings Held
Organized
  1. Helpfulness of instructor's comments on written assignments.
      1 2 3 4 5 6
      No Minimal Some Helpful Always No Written
      Help Help Help Helpful Assignments
Given
  1. Quality of the text assigned for the course.
      1 2 3 4 5 6
      Poor Fair Average Good Excellent No Text
Assigned
  1. Quality of the supplementary materials used in the course.
      1 2 3 4 5 6
      Poor Fair Average Good Excellent No Supplementary
Materials Used
  1. Quality of the videotapes.
      1 2 3 4 5 6
      Poor Fair Average Good Excellent Not Applicable

  1. Congruence between the material covered in the course and the questions on the tests.
      1 2 3 4 5 6
      Poor Fair Average Good Excellent Not Applicable
Match Match Match Match Match

  1. Degree to which the course met your educational needs.
      1 2 3 4 5 6
      Did Not Met Some About Met Most Met All Not Applicable
Meet my of my Needs Average of my Needs of my Needs
Needs

98

  1. What did you like most about this course?



  1. What did you like least about this course?



  1. What recommendations would you make to improve this course?




Please rate the following components of the delivery system by circling the response that most accurately expresses your opinion.
  1. The cable stations' timing and reliability of broadcasts.
      1 2 3 4 5
      Poor Fair Adequate Good Excellent
  1. The CCM Library's access to tapes.
      1 2 3 4 5
      Poor Fair Adequate Good Excellent
  1. The CCM Library's hours of operation.
      1 2 3 4 5
      Poor Fair Adequate Good Excellent
  1. Adequacy of telephone and fax transmissions.
      1 2 3 4 5
      Poor Fair Adequate Good Excellent
  1. Administrative support (registration, mailings) for telecourses.
      1 2 3 4 5
      Poor Fair Adequate Good Excellent


Thank you.
99EXHIBIT C.3
COUNTY COLLEGE OF MORRIS
Student Opinion Report: Online Courses

Please answer all questions

Course Title Section No.

Instructor Semester

Student=s Academic Major Anticipated Grade

PART I: GENERAL

1. Did you attend the orientation session? Yes No
2. If yes, did you find the session helpful? (Please indicate the number which most accurately
expresses your opinion.)

5 4 3 2 1
          Very Somewhat Not Very Not at all
          Helpful Helpful Helpful Helpful Helpful

3. What computer did you use? (Indicate all that apply):
Your own One available on campus One at work
Other

4. How may hours a week did you devote to the course?

5 4 3 2 1
          5 hours
          or more 4 hours 3 hours 2 hours 1 hour or less

5. Did you seek personal contact with the instructor during the semester?

5 4 3 2 1
          Frequently Often Occasionally Rarely Not at All

6. Did you seek the assistance of the office of Distance Learning for any reason?

5 4 3 2 1
          Frequently Often Occasionally Rarely Not at All

7. How would you rate the academic quality of the course?

5 4 3 2 1
                  Above Below
          Excellent Average Average Average Poor
          100
PART II: THE INSTRUCTOR

8. The syllabus was clear and the course objectives and policy were explained to me.

5 4 3 2 1
          Extremely Somewhat Extremely
          Clear Clear Clear Unclear Unclear

9. The instructor responded to my messages or contacts.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

10. The instructor returned assignments or grades to me in a reasonable time.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

11. The instructor was willing to meet with me personally or by phone if I sought such contact.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

12. The instructor’s comments on written assignments were helpful to me.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

13. The instructor provided means for the students to think, express ideas and participate with others.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

14. The instructor was professional in relating to students.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

101
15. The instructor presented the course content in an organized manner.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

PART III: THE COURSE

16. The grading system utilized in this course was:

5 4 3 2 1
          Extremely Usually Usually Extremely
          Fair Fair Average Unfair Unfair

PART IV: SUPPORT SERVICES

17. I would rate the course materials:

5

Excellent
4
Above Average
3

Average
2
Below
Average
1

Poor
N/A
Texts
Tests
Supplementary Reading (where applicable)
Laboratory Projects (where applicable)
Projects and Research Papers
Weekly Assignments
18. Please check the course delivery system that you used:
WebCT Serf Course Technology

Other (please specify)

Don’t Know



          102
19. The course delivery system was easy to use.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

20. E-mail worked adequately for me to contact the instructor and other students.

5 4 3 2 1
                  Almost
      Always Always Usually Occasionally Rarely N/A

21. The CCM library provided appropriate materials and services for this course.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely N/A

22. If you sought the assistance of the Math, Writing or Science centers, did they provide adequate
assistance?

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely N/A

23. Overall, campus personnel were helpful, courteous and interested.

5 4 3 2 1
                  Almost
          Always Always Usually Occasionally Rarely

24. Why did you select an online format?






25. Would you take another online course? (Please tell us why or why not.)







103EXHIBIT D


      FISCAL YEAR 2006-2007
      Minimum Maximum
      Professor $52,265 $112,553
      Associate Professor $45,296 $105,440
      Assistant Professor $40,652 $ 97,639
      Instructor $37,166 $ 66,809

      FISCAL YEAR 2007-2008
      Professor $54,356 $117,055
      Associate Professor $47,108 $109,658
      Assistant Professor $42,278 $101,545
      Instructor $38,653 $ 69,481

      FISCAL YEAR 2008-2009
      Professor $56,530 $121,737
      Associate Professor $48,992 $114,044
      Assistant Professor $43,969 $105,607
      Instructor $40,199 $ 72,260
OVERLOAD RATE $695 Per Teaching Credit Hour



104EXHIBIT E
COUNTY COLLEGE OF MORRIS
FACULTY EVALUATION & PROMOTION CYCLE TIMELINE


DATE
PROMOTION
EVALUATIONS
Oct. 15The President of FACCM notifies the V.P. of Academic Affairs of the faculty members serving on the Faculty Promotion Procedure Committee (FPPC).
Nov. 1Faculty applying for promotion shall have submitted an application to their chairperson, the FPPC and the appropriate division dean.
Feb. 1The following information must be completed and submitted to the chairperson:
- Classroom Observation, if any, for tenured faculty
- Self-Evaluations
- Peer Evaluations (also submitted to FPPC if faculty has applied for
promotion)
Feb. 15Conferences with the chairpersons, if any, to discuss promotion applications shall have been held.Faculty being evaluated shall have had a conference with chairperson at which the chairperson’s evaluation, peer evaluation, self-evaluation and S.O.R. shall have been completed and available for inspection. Faculty member shall sign and receive a copy of the chairperson’s evaluation.
March 1Faculty member and the Division Dean shall receive a copy of the completed Recommendation for Promotion in Rank from the chairperson.
March 10Division Dean’s meeting, if any, shall have been held with faculty member who has applied for promotion.Division Dean may request to meet on or before this date with a faculty member who is being evaluated.
March 15Classroom observations for non-tenured faculty must have been completed and submitted to the faculty member.
March 20Division Deans shall have forwarded their recommendations regarding promotion to the V.P. of Academic Affairs, chairperson and faculty member.
April 30V.P. of Academic Affairs shall notify faculty member of his/her recommendation regarding promotion in rank.
April Board MeetingPresident’s recommendations regarding promotions are forwarded to the Board of Trustees.
The information contained in this table is a summary of the relevant paragraphs of Articles VI and VII. The language in Articles VI and VII shall be controlling.
105EXHIBIT F
Course Contact Hours Not Identified in College Catalog

Course Course Student Lecture Laboratory
Number Title Credit Hrs. Contact Hrs. Contact Hrs.

ART 110 Intro to Art 3 0 0
ART 120 Drawing II 3 2 3
AVT 115 Aviation Weather 3 3 0
AVT 210 Flight Operations 3 2 3
BIO 013 Biology Recitation NC 1 0
BIO 136 Applied Human Biology 4 4 0
BIO 227 Medical Anatomy & Physiology &
Applied Pharmacology 6 6 0
BIO 265 Supervised Study in the Marine Sciences 1 3 0
BIO 266 Supervised Study in the Marine Sciences 2 3 0
BIO 268 Supervised Study in the Marine Sciences 4 3 0
CHI 211 Intermediate Chinese I 3 3 0
CHI 212 Intermediate Chinese II 3 3 0
DAN 116 Intermediate Ballet 3 0 6
DAN 143 Modern Dance III 2 0 4
DAN 144 Modern Dance IV 2 0 4
DSN 226 Design Portfolio 3 1 4
ENR 118 Computer-Aided Drafting II 2 3 0
ENR 123 Intro to Engineering NC 1 0
ENR 124 Instrumentation and Measurements 2 1 4
ENR 126 Computer Aided Design & Applications 1 4 2
ENR 241 Instrumentation Controls 3 3 2
MAT 021 Basic Algebra IC 2 2N 0
MAT 022 Basic Algebra ID 2 2N 0
NUR 104 Entrepreneuring for Nurses
& Allied Health Professionals 1 1 0
OST 120 Word Processing for Everyday 2 1 3
PHO 201 Electronic Photo Imaging I 3 2 3


The association recognizes the right of the College to develop new courses and restructure existing courses.
The current contract shall govern teaching load credit hours, including lab hours for new and existing courses.
The College will notify the Association if it determines that existing courses require restructuring so that the
parties can agree on the teaching load credit hours for the restructured courses. The Association shall have the
right to negotiate changes to the teaching load credit hours to be applied during the successor agreement.
106LETTER OF INTENT

      1. It is understood and agreed that faculty members are expected to continue to fulfill their academic and professional responsibilities to the students, the College and the Community.
      2. To the extent possible, the College will make every reasonable effort to continue to provide faculty members with one (1) day per week for necessary academic preparation, grading, research and other activities related to fulfillment of their academic and professional responsibilities.
      3. The College shall provide new employees with a copy of this agreement at the time of employment.
      4. The eligibility standards and criteria set forth in Article VI shall govern promotion requests for all members of the full-time faculty.
      5. The office of the Faculty Association will be located in the Academic Science Building B, Room 212, during the life of this agreement.
      6. To the extent possible no full-time faculty member who is assigned by the College to teach an evening course will be scheduled for a course the following day which begins prior to 9:00 a.m.
      7. Winterim is defined as that period in the academic calendar between the end of the Fall Semester and the beginning of the Spring Semester. The College reserves the right to schedule during that period of time academic courses designed to accommodate special needs. Normally, the faculty teaching load during the Winterim period will be considered as voluntary overload; however, the College maintains the right to assign faculty to these courses when necessary.
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      LETTER OF INTENT continued:
      8. There shall be a joint committee of no more than two (2) members from the Association and two (2) from the College. This committee shall meet when appropriate for the purpose of reviewing mutual problems; questions arising concerning contract provisions; and personnel problems. Meetings shall be called by mutual agreement. This committee shall have no power to alter, modify, or amend the provisions of this Agreement, nor shall this statement be deemed to be an authorization to conduct negotiations during the course of this Agreement or a waiver of any other rights of the parties pursuant to this Agreement.
      9. It is recognized that there exists a need to develop instructional alternatives at off-campus centers and outside Morris County. The Association further recognizes the need for the College to assign faculty to such courses. The College agrees to seek volunteers from the faculty to teach such courses whenever possible. For assignment to off-campus centers the College will reimburse faculty for the mileage difference between Randolph campus and the off-campus location. The College further agrees that course content, integrity, credit load, and office hours shall be the same as courses taught on the main campus.
      10. Participation by full-time faculty members in either Teacher-to-Teacher Group Seminar or Teacher-to-Teacher Pairing Programs, operated through the Center for Teaching Excellence, shall be considered the equivalent of a one (1) credit graduate course. Faculty who participate in either of these programs shall be eligible for the tuition reimbursement program as outlined in Article X, Section B, of this agreement.

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      LETTER OF INTENT continued:
      11. The College agrees to make a reasonable effort to provide a faculty member 48 hours advance notice of the approximate time during which classroom visits will take place, whether in connection with the administrative portion of the evaluation or pursuant to Section B.4 of Article VII.
      12. The College agrees to provide the president of the Association with a list of faculty members who are granted release time during the fall and spring semesters. This listing shall include the amount of release time being granted along with the corresponding project or administrative assignment for which the faculty member is released from his/her teaching assignment.
      13. The purpose of Outcomes Assessment is to look at the impact of the institution on students and is not in any way intended to measure the effectiveness of any individual member of the college community and will not be used to do so.
      14. In the interest of keeping a safe and secure campus, the administration agrees to notify immediately the local police authorities whenever it is aware of a threat to harm a faculty member or a threat against the life of a faculty member.
      15. The College will not combine two or more courses into a single section that results in payment for a single section without the agreement of the Association and the individual faculty member prior to the start of the semester in which the courses are to run.



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Morris Cty College and Morris CC Fac Assn NJEA 2006.pdf