College of Lake County - Federation of Teachers CLCFT Newsletter CLCFT Representatives CLCFT Officers College of Lake County - Dederation of Teachers
College of Lake County - Federation of Teachers IFT: Illinois Federation of Teachers AFT - American Deferation of Teachers 2001-2002 Budget 2005-2006 Budget CLC 2001-2004 Contract CLC 2004-2007 Contract CLCFT Constitution



2001-2004 AGREEMENT BETWEEN BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 532 COUNTY OF LAKE AND STATE OF ILLINOIS AND COLLEGE OF LAKE COUNTY FEDERATION OF TEACHERS, LOCAL NO. 2394 AFT




Table of Content:

    Section One: Union/Board Contract Issues

  1. Parties to the Agreement (Article 1)
  2. Recognition (Article 2)
  3. Representation Referendum (Article 3)
  4. Non-Discrimination (Article 4)
  5. Fair Share (Article 5)
  6. Negotiation Procedures (Article 6)
  7. Grievance Procedure (Article 7)
  8. Medical Examination (Article 8)
  9. Reduction in Staff (Article 9)
  10. Release Time for Union Officer (Article 10)
  11. Duration (Article 11)
  12. Effect of Agreement (Article 12)

  13. Section Three: Load

  14. Compensation (Article 13)
  15. Payroll (Article 14)
  16. Dues Check-Off (Article 15)
  17. Compensation for Co-Curricular Activities (Article 16)
  18. Winter/Summer Session (Article 17)
  19. Credit Field Trips (Article 18)
  20. Independent Study (Article 19)
  21. Extended Activities (Article 20)
  22. Substitution (Article 21)

  23. Section Two: Compensation

  24. Faculty Load and Overload (Article 22)
  25. Career Program Coordinators (Article 23)

  26. Section Four: Benefits and Protections

  27. Fringe and Flexible Benefits (Article 24)
  28. Domestic Partners (Article 25)
  29. Retirement (Article 26)
  30. PLARP (Article 27)
  31. Job Sharing (Article 28)
  32. Tuition Waiver (Article 29)
  33. Travel Reimbursement (Article 30)
  34. Use of College Facilities (Article 31)
  35. Parking (Article 32)
  36. College Calendar (Article 33)
  37. Academic Freedom (Article 34)
  38. Use, Access and Ownership of Intellectual Property (Article 35)
  39. Tenure (Article 36)

  40. Section Five: Faculty Obligations

  41. Office Hours (Article 37)
  42. Tutoring and Other Services (Article 38)
  43. Outside Commitments (Article 39)

  44. Section Six: Leaves

  45. Health and Injury Leave (Article 40)
  46. Special Emergency Leave (Article 41)
  47. Court Appearance (Article 42)
  48. General Leave of Absence (Article 43)
  49. Sabbatical Leaves (Article 44)
  50. Child Rearing Leave (Article 45)
  51. Reduced Load Following Leave (Article 46)

  52. The following will appear in the printed copy only.

  53. APPENDIX

    • Affidavit of Domestic Partnership
    • Community College Tenure Statute
    • Letter of Understanding – (College Calendar)
    • Memoranda of Understanding (Academic Title)
    • Memoranda of Understanding
      1. Advisement
      2. Set - Aside
    • Memorandum of Understanding (Criteria for Movement to Column F)
    • Memorandum of Understanding (Health Insurance for Retirees)
    • Memorandum of Understanding (On-line courses for column movement)
    • Memorandum of Understanding (Process for Declining Health Insurance)
    • Memorandum of Understanding (Responsibilities for Coordinators)



ARTICLE 1
PARTIES TO THE AGREEMENT

This agreement is by and between the Board of Trustees of the College of Lake County (hereinafter referred to as the "Board") and the College of Lake County Federation of Teachers, Local No. 2394, AFT, (hereinafter referred to as the "Union").

top ^

ARTICLE 2
RECOGNITION

  1. The Board hereby recognizes the Union as the sole negotiating representative for all full-time members of the faculty of the College of Lake County for all matters hereafter provided. As used herein, "full-time faculty" shall refer to those persons who enter the bargaining unit and remain in the unit for the duration of their employment once they have been assigned at least fourteen (14) faculty load hours in a semester or at least twenty-five (25) faculty load hours in an academic year or thirty-five (35) clock hours in a week for guidance counselors and librarians and other professionals not excluded herein.

    As used herein, "faculty" shall include teachers, guidance counselors and librarians, but shall not include the President, Vice Presidents, Deans, Business Manager, Director of Nursing, members of the central administrative staff, deans or directors, or similar administrative positions which may be hereafter created. As used herein, "faculty" shall not include those positions described by the Board as "professional" in the College of Lake County Administrative Staff Analysis and Reorganization: Final Report and Recommendation.

    As used herein, faculty shall not include any persons employed pursuant to the Comprehensive Employment Training Act (CETA) or comparable program, or any adjunct employees (persons hired for a limited term to carry out the objectives of special projects funded in whole or in part by an external agency for a specific and/or restricted purpose, including persons employed to implement a contractual program with the United States Navy for instructing personnel at the Great Lakes Naval Training Center, or any part-time faculty member who fills in temporarily on an approved leave of absence and then returns to part-time employment). Any full-time faculty member who enters into a CETA or comparable program, or adjunct employee position shall automatically be placed on General Leave (Article 43) for the duration of their adjunct position. Service during such General Leave shall not be considered consecutive service pursuant to Article 36 of this Agreement. Notwithstanding the foregoing, during the first year full-time employment by the College, the Board and the faculty member may agree that the faculty member shall be employed for eleven (11) to thirteen (13) hours during either or both semesters of such first year and compensated at the rate of 11/15 to 13/15 of the amount prescribed in Article 13 of this Agreement, but all other provisions of the Agreement shall be applicable to such faculty member.

  2. The Board agrees not to negotiate with any other faculty organization for the duration of this agreement over matters defined as negotiable herein.

  3. The term "faculty" or "faculty members" when used hereinafter in this Agreement shall refer to those persons who are in the unit as defined in Section A of this Article.

  4. The Board agrees not to negotiate with any faculty member individually during the duration of this Agreement on matters covered by this Agreement, provided that the foregoing shall not be construed as to prevent the Board from issuing individual contracts of employment to non-tenured personnel for the succeeding academic year, which individual contracts shall thereafter conform with any master agreement entered into by the parties hereto.

    The Union agrees not to negotiate with any Board member individually on matters covered by this Agreement.

  5. Nothing in this Article shall be construed as to affect in any manner the make-up of a normal faculty load, nor the determination of what is an overload.

top ^

ARTICLE 3
REPRESENTATION REFERENDUM

An organization that desires to challenge the right of the Union to represent the faculty members as bargaining agent shall follow the procedures therefore as set forth in the Illinois Educational Labor Relations Act and the Rules and Regulations promulgated thereunder. If for any reason such Act shall be repealed or amended as to be inapplicable to a representation challenge, the following procedures shall apply:

  1. The challenging organization must submit a letter, requesting an election for bargaining rights along with signed and dated petition forms to the Secretary of the Board by certified mail. The petitions must contain the signatures of at least thirty (30) percent of the full-time faculty. The signed petitions shall be in a sealed envelope.

  2. At the same time the certified letter is sent to the Board, copies of this letter shall be sent to the President of the College, and the President and the Secretary of the Union by certified mail.

  3. A letter of challenge and the accompanying petitions can be filed only in an academic year when an existing contract between the Board and the Union will expire. The challenge must be filed between November 1 and December 1.

  4. The signatures of all petitions must be dated with no date in excess of ninety (90) calendar days from the date of submission of the letter of challenge.

  5. Upon receipt of the letter and the petitions, the Secretary of the Board shall furnish to all contending parties a complete list of faculty members eligible to execute such a petition. Any objections to such an eligibility list shall be filed with the Secretary of the Board within five calendar days of the receipt of the list. The sealed envelope with the petitions and the eligibility list (together with any unresolved objections thereto) shall be transmitted to a third party mutually agreeable to the Secretary and to the contending parties. The third party shall determine whether or not the requisite number of signatures appear on the petition (without counting any persons who are objected to in the aforementioned procedure).

    1. If the parties cannot agree on a third party, the American Arbitration Association shall be utilized. The cost of such arbitration shall be borne by the challenging party.

    2. If a determination of the adequacy of the petition cannot be made without resolving the objections, the matter shall be referred to the American Arbitration Association for a binding determination of all questions pursuant to expedited Arbitration procedures. All costs of this procedure shall be borne by the challenging party.

  6. Upon determination of the adequacy of the petition, an election shall be scheduled and conducted within 15 calendar days. The parties shall enter into an election agreement to determine all issues incident to such an election. In the absence of such an agreement, the election shall be conducted by the American Arbitration Association under rules and procedures which it shall promulgate. The cost of the election (but not including the campaign, legal, representational or poll-watching expenses of any of the contending parties) shall be borne by the challenging party.

  7. The election shall be decided in favor of the party receiving a majority of the ballots cast.

  8. In cases where no organization received a majority of the votes cast, there shall be a run-off election between the two organizations receiving the most votes. Such election shall be held within five (5) employment days of the indecisive election.

top ^

ARTICLE 4
NON-DISCRIMINATION

The Board shall not discriminate against any faculty member by reason of membership in the Union or participation in any lawful activities of the Union or in negotiations with the Board.

top ^

ARTICLE 5
FAIR SHARE

  1. A faculty member who does not join the Union will execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union in the same manner as provided in Article 14, or a like sum.

  2. In the event such an authorization is not signed within thirty (30) days following the commencement of employment of the faculty member or the effective date of this Agreement, whichever is later, the Board shall deduct such amount in equal payments from the regular salary check of the faculty member in the same manner as provided in Article 14.

  3. The Union, the Illinois Federation of Teachers and the American Federation of Teachers agree to defend, indemnify, and hold the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Board in complying with the provisions of this Article, provided that this Article shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's failure to comply with the obligations imposed upon it by this Article.

  4. The Union shall annually certify to the Board the amount constituting each non-member employee's share. Such certification shall be made in writing by the Union President or designee at the time he/she notifies the business office of regular member dues. In the event a faculty member objects to the amount of such fee, the Union shall place the objecting faculty member's fees in a blind escrow or blind trust pending final determination on the appropriateness of the fee imposed. Such determination shall be made only after a hearing as required by law before the Illinois Educational Labor Relations Board, any impartial fact-finder appointed by the IELRB, or as otherwise required by law. If the faculty member is entitled to a refund, the faculty member shall receive such refund plus any interest earned on the refund during pendency of the action.

  5. If a non-member faculty member declares the right of non-association based upon bona fide religious tenets or teaching or a church or religious body of which such faculty member is a member, such faculty member shall be required to pay an amount equal to the faculty member's proportionate share to a non-religious charitable organization mutually agreed upon by the faculty member and the Union. If the faculty member and the Union are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules.

top ^

ARTICLE 6
NEGOTIATION PROCEDURES

  1. Both parties agree that it is their mutual responsibility to confer upon their respective representatives the necessary power and authority to make proposals, consider proposals, make counter-proposals in the course of negotiations, and to reach tentative agreements which shall be presented respectively to the Board and Union for ratification.

  2. Negotiations shall begin on such date as shall be mutually agreed upon between the parties, and in the absence of such agreement, as provided by law.

  3. The parties agree that they will bargain in good faith as provided by law.

  4. Each party may utilize consultants or advisors as it deems appropriate, provided only that no member of the Board negotiating team will be a member of the faculty, and that no member of the faculty negotiating team shall be an employee of the College who is not a member of the faculty. The parties acknowledge that the designation of the respective negotiation teams is the sole responsibility of the party represented by such team, that such negotiations teams shall be limited to a reasonable number of persons, and that no member of either party to this contract shall be excluded from participation on such teams (on an itinerant or continuing basis) except as expressly provided herein.

  5. When a tentative agreement is reached in all matters, it shall be submitted as soon as reasonably possible to the Union and to the Board of Trustees for ratification.

top ^

ARTICLE 7
GRIEVANCE PROCEDURE

    1. A grievance is defined as any claim by the Union or by an affected faculty member or group of faculty members that there has been a violation, misinterpretation, or misapplication of the terms of this Agreement.

    2. Used in this Article, the term "days" shall mean days on which the College Human Resources Department is open.

    3. At least one Union representative may be present at any meeting, hearing appeal or other proceedings relating to a grievance which has been formally presented. Nothing contained herein shall be construed as limiting the right of any faculty member having a grievance to discuss the matter informally with one's supervisor and have the grievance adjusted without intervention of the Union, provided the adjustment is not inconsistent with the terms of this Agreement.

  1. Filing. The written grievance shall be filed either by the Union or individual grievant not later than thirty (30) days of the date of the occurrence giving rise to the grievance or from the date when the grievant might reasonably have become aware of the occurrence. The written grievance shall identify the grievants, summarize the relevant facts, identify the provisions of the Agreement allegedly violated, and describe the remedy which is requested.

    The grievance shall be filed with the President of the College.

    1. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Union, and his decision must be based solely upon his interpretation of the meaning or application of the express, relevant language of this Agreement.

    2. The arbitrator is empowered to include in his award such remedies as shall be within his lawful authority.

    3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the AAA shall be divided equally between the parties.

    4. If either party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties order a transcript, or the arbitrator requests a transcript, the cost thereof shall be divided equally between the parties.

  2. Formal Procedure. Upon receipt of the written grievance, the President shall either represent the Board directly or appoint a management representative to seek to resolve the grievance.

    The parties shall meet and otherwise communicate as often as they jointly agree in a good faith effort to resolve the grievance. "Good faith" shall mean that the parties shall meet and otherwise communicate with an open mind and a sincere effort to resolve the matter(s) before them. The parties may include any individual(s) who may contribute to the resolution of the grievance in their meeting(s).

    Not later than thirty (30) days after the filing date of the grievance the President or designee shall submit a written response to the President of the Union and Union Grievance Chair. Such response shall contain all of the reasons for either approval, denial, or joint resolution of the grievance.

    If the Union is not satisfied with such response, it shall, if it desires, proceed to binding arbitration by notifying the President or designee not later than thirty (30) days from the receipt of the Board's written response. No individual or organization other than the Union shall have the right to proceed to binding arbitration. If the demand for arbitration is not filed within the prescribed time limits or if there has been no mutual agreement to extend such time limits, the grievance shall be deemed withdrawn.

    Any time limits herein may be extended by mutual agreement of the parties.

    The parties shall appoint a panel of arbitrators mutually approved by the legal representatives of each party. The names of such arbitrators shall be listed numerically by lot and shall be in the possession of each party.

    Each arbitrator in turn shall be contacted by the parties until one is available to participate in the grievance arbitration case pursuant to the conditions set forth herein.

    Before the same arbitrator shall be used in cases in the same district in any twelve month calendar period, the parties shall first proceed through the entire rotation of arbitrators. If none is available and if either party objects to the use of the same arbitrator during such twelve month period, the parties shall attempt to agree on an alternate arbitrator. If such agreement is not concluded within one week from the date of either party's original objection, the American Arbitration Association rules shall be used.

    Such panel of arbitrators shall continue for at least two years. At the request of either party any name(s) shall be deleted from such panel after two years and replaced by any mutually approved arbitrator(s) or added to the end of the list if it is expanded. No pending case shall be delayed as the result of the deletion for any reason of an arbitrator from the list.

    Once the arbitrator has been selected, every effort shall be made to schedule the hearing within thirty (30) calendar days of the date of appeal to arbitration. If the hearing cannot be scheduled within sixty (60) calendar days of such appeal, the next available arbitrator shall be selected unless the parties otherwise mutually agree.

    Briefs if required shall be due within thirty (30) calendar days of the completion of the hearing. Briefs shall be submitted in duplicate directly to the arbitrator, who upon receipt shall submit one copy to each party.

    The arbitrator's decision shall be due within thirty (30) calendar days of his/her receipt of both briefs.

    Failure of either or both parties to comply with any of the rules incorporated herein shall result in enabling either or both parties to implement American Arbitration Association procedures to (a) select an arbitrator for any pending grievance arbitration case and (b) resolve any dispute over failure to comply with these rules.

    These rules shall become effective upon agreement of the arbitrators included herein to serve on such panel. Until such agreement is reached, the American Arbitration Association shall be used.

  3. The Board acknowledges the right of the Union's grievance representative to participate in the processing of a grievance at any formal level and no faculty member shall be required to discuss any grievance if the Union's representative is not present.

  4. The Board and the administration shall cooperate with the Union in its investigation of any grievance.

  5. No reprisals of any kind shall be taken by the Board or the administration against a faculty member because of participation in this grievance procedure.

  6. Should the processing of any grievance require that a faculty member or a Union representative be released from regular assignment, no loss of pay or benefit shall be incurred.

  7. All records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.

  8. A grievance may be withdrawn at any level without establishing a precedent, but if withdrawn, such grievance shall be treated as though never having been filed in the first instance.

top ^

ARTICLE 8
MEDICAL EXAMINATION

If the Board shall require a faculty member to secure a medical examination and/or consultation by any physician, it shall pay the entire fee therefore. When the Board requires a medical examination of a faculty member, the reason(s) requiring such examination shall be given in writing to the faculty member. The Board shall designate at least three (3) qualified physicians from which the faculty member shall select one. The faculty member may have his/her personal physician submit any pertinent data to the Board. This paragraph shall not apply to nor affect the right of the Board to require a newly employed faculty member to secure a medical examination or to produce evidence of being medically able to fully perform all duties.

top ^

ARTICLE 9
REDUCTION IN STAFF

  1. If the Board shall determine that it is necessary to decrease the number of tenured faculty employed by the Board or to discontinue or reduce some particular type of teaching service or program, written notice of termination of employment by personal service or by certified mail shall be given to all affected faculty members and the Union, as required by law. In such instances, the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved.

  2. If tenured faculty must be affected, all such shall be in inverse order to the number of years of continuous full-time service to the College as a faculty member. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board.

  3. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was terminated, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of termination. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated.

top ^

ARTICLE 10
RELEASE TIME FOR UNION OFFICER

The CLCFT shall be granted three (3) hours of release time per semester for the purpose of conducting Union business. Not more than one (1) CLCFT member may use such release time.

top ^

ARTICLE 11
DURATION

  1. This agreement shall become effective on the first faculty employment day of the 2001-2002 academic year.

  2. This agreement shall continue in effect through 11:59 P.M. of the day preceding the first faculty employment day of the 2004-2005 academic year.

  3. If agreement shall not have been reached sixty (60) calendar days prior to the expiration date first set forth in the preceding paragraph, either party may give written notice to the Federal Mediation and Conciliation Service.

top ^

ARTICLE 12
EFFECT OF AGREEMENT

  1. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties hereto. The terms and conditions may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties in a written agreement.

  2. Should any provision of this Agreement be declared illegal by a court of competent jurisdiction, then such provision shall be deemed deleted from this Agreement to the extent that it violates the law. The parties will promptly meet to seek to renegotiate such provision.

  3. The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any matter or subject not removed by law or by specific agreement of the parties from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right are set forth in this Agreement. Therefore, the Board and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise accrue to them under law to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement.

top ^

SECTION TWO: COMPENSATION

ARTICLE 13
COMPENSATION
(Including Approved Credit and Column Movement)

SHRINK CHART TO FIT ON THIS PAGE

  1. Column Definitions

    The compensation schedule consists of six columns defined as follows:

    Column A:

    1. Master's Degree in subject area or

    2. Bachelor's Degree and at least three (3) years of approved experience in a related technical field. ¹

    Column B:

    1. Forty-five (45) semester hours of approved graduate credit (which must include a Master's Degree) of which at least one-half are in the subject area or

    2. Bachelor's Degree and at least three (3) years of approved experience in a related technical field and twenty-two (22) semester hours of approved credit directly related to the subject area or the instructional function. ¹

    Column C:

    1. Sixty (60) semester hours of approved graduate credit (which must include a Master's Degree) of which at least one-half are in the subject area or

    2. Bachelor's Degree and at least three (3) years of approved experience in a related technical field and forty-five (45) semester hours of approved credit (which may include hours earned toward a Master's Degree) of which at least three-fourths are directly related to the subject area or the instructional function. ¹

    Column D:

    1. Seventy-five (75) semester hours of approved graduate credit (which must include a Master's Degree) of which at least one-half are in the subject area or

    2. Bachelor's Degree and at least three (3) years of approved experience in a related technical field and sixty-seven (67) semester hours of approved credit (which may include hours earned toward a Master's Degree) of which at least sixty percent (60%) is directly related to the subject area or the instructional functions. ¹

    Column E: Ninety (90) semester hours of approved graduate credit (which must include a Master's Degree) of which forty (40) hours are in the subject area.

    Column F: Earned Doctorate in the subject field or an earned Doctorate with a minimum of forty (40) hours in the subject field.

  2. Special Faculty

    Faculty in fields where experience and performance may be legitimately substituted for academic training may be employed at a rate commensurate with their pay in business and industry. The initial step and placement of such faculty members shall be within the sole discretion of the Board, but once placed upon the compensation schedule, the faculty member shall advance solely in accordance with the terms of this Article.

  3. Approved Credit

    Approved credit for the purpose of this salary schedule is defined as follows:

    1. Academic credit in the subject area.

    2. Academic credit which qualifies for tuition reimbursement pursuant to Article 27 of this Agreement.

    3. Academic credit in courses which contribute to effective performance of assigned duties at the College.

    The appropriate Vice President shall determine in advance whether courses fall within any of the foregoing, provided that in all instances to receive credit the course must be satisfactorily completed with a grade (if such be awarded) of "C" or higher or "Pass" on a pass/fail basis, and such credit shall have been awarded in graduate courses by regionally accredited institutions of higher learning.

    In lieu of academic credit, the appropriate Vice President may also approve work in institutes, seminars, other types of academic or non-academic experiences, continuing education courses, upper level under-graduate courses, and repeated courses where the course content has significantly changed. In such cases the Vice President will determine the equivalent academic credit. Such determination shall be on a case-by-case basis, and the determination in one instance shall not serve as a precedent. Such determination shall not be subject to the provisions of Article 7 (Grievance Procedure) hereof.

  4. Advancement on the Compensation Schedule

    1. Advancement on the compensation schedule is upon recommendation of the President of the College.

    2. Advancement is based upon demonstration of successful teaching and performance of duties. Normally, faculty will be recommended annually for advancement in compensation by one step in the appropriate compensation column, but such advancement shall not occur as a matter of right.

    3. Similarly, less than satisfactory performance may result in withholding a recommendation for placement.

    4. On the basis of supporting evidence (an official transcript), an employee shall be reclassified at the beginning of the fall semester and/or the beginning of the spring semester provided the faculty member satisfies the definitional requirements specified in Article 13, Section B of this agreement.

      Faculty requesting column movement for the fall semester must provide the Director of Human Resources or designee with all required supporting documentation by September 30 of the semester in which column movement is contemplated. Faculty requesting column movement in the spring semester must provide the Director of Human Resources or designee with all required documentation by February 1 of the semester in which column movement is contemplated.

      Salary increases resulting from approved column movement will be retroactive to the beginning of the semester in which appropriate documentation was received in the Office of Human Resources. For example, if the Human Resources Office receives the required documentation from the faculty member by September 30, 2001 and the column movement is approved, the faculty member’s compensation adjustment will be effective with the beginning of the fall semester 2001. If the Office of Human Resources receives the required documentation from the faculty member by February 1, 2002 and the column movement is approved, the faculty member’s compensation adjustment will be effective with the beginning of the spring semester 2002.

      If official transcripts are not presented by the specified deadlines, the faculty member must provide evidence on or before the appropriate deadline of a written letter indicating a request for transcripts within ten (10) days of completing a course(s).

  5. Payment to the State Universities Retirement System

    From the Compensation Schedules the Board shall deduct and remit for each faculty member the sum equal to eight and one-half percent (8.5%) of the amount due such faculty member pursuant to the Compensation Schedule to the State Universities Retirement System to be applied for the retirement account of such faculty member. It is the intent of the parties by this Agreement to qualify these payments as employer payments under Section 414(h) of the Internal Revenue Code. The faculty members have no right or claim to the funds so remitted except as they may subsequently become available upon retirement or resignation from the State Universities Retirement System.

    The balance of the amount due each faculty member pursuant to such Compensation Schedule shall be payable to the faculty members as salary in installments as otherwise provided herein, provided the Board shall deduct therefrom all monies as required by law or as authorized by the faculty member pursuant to this Agreement, or as otherwise authorized by the Board. Such withholding shall include any and all additional amounts required to be paid to the State Universities Retirement System for the account of such faculty member.

    This provision shall be applicable to all faculty members without exception and is granted to assure future provision of services by faculty members.

top ^

ARTICLE 14
PAYROLL

  1. Full-time faculty members shall have the option of receiving their paychecks in 20, 22, 24, or 26 installments. Paychecks will be issued at the first regular pay period after the beginning of the fall semester and, for those faculty members who elect 26 installments, the installments will run through the end of the academic year or through the end of the summer session at the election of the faculty member. The choice of payroll plans shall be made no later than the sixth (6th) employment day preceding the first (1st) payroll of the academic year. Once decided upon, the payroll option shall not be changed without the approval of the Vice President for Administrative Affairs or designee. If no choice of payroll plan is made, payment shall be on the basis of the prior year selection.

  2. Provisions shall be made with the Vice President for Administrative Affairs for payroll deductions according to policies of the Board.

  3. Payment for overload shall be made at the faculty member's option either in equal pay period installments during the semester in which the overload is contracted or in one lump sum at the completion of said semester. If payment in equal pay period installments is elected, payment shall commence no later than thirty (30) days after the commencement of the overload duties.

top ^

ARTICLE 15
DUES CHECK-OFF

  1. The Board shall deduct from the salary of each faculty member current membership dues of the Union, provided that at the time of such deduction there is in the possession of the Board a current written authorization for such dues deduction executed by such faculty members, subject to the following:

    1. Such authorization shall specify the amount of dues to be deducted from each faculty member's salary for the first semester.

    2. All deductions shall be made within the first semester.

    3. The deduction for each faculty member shall be identical for each payroll in which dues payments are made.

    4. Faculty members employed on or before the start of the academic year shall present such authorization to the Business Office no later than January 1st.

    5. Such authorization shall be revocable by the faculty member giving written notice of such revocation to the Business Office, such to be effective not later than thirty (30) calendar days thereafter. Revocation shall be deemed to have been given upon termination of employment.

  2. The Board shall transmit to the President of the Union or designee all dues deducted hereunder no later than twenty (20) calendar days following each payroll.

  3. The Union shall indemnify and save harmless the Board from any and all claims, demands, suits and costs resulting from any reasonable action taken or omitted by the Board for the purpose of complying with the provisions of this Article.

top ^

ARTICLE 16
COMPENSATION FOR CO-CURRICULAR ACTIVITIES

  1. Designation of faculty members for co-curricular activities shall be made annually by the Board, subject to acceptance by the faculty member, provided emergency or temporary appointments of qualified faculty may be made if no other qualified faculty is available to fill the position. Such emergency or temporary appointment shall be so indicated when the appointment is presented to the Board. The Board will post notices of vacancies in co-curriculum activities for a period of five (5) days before filling the vacancy except in unusual circumstances. Full-time faculty members will be considered for such positions.

  2. Prior to an appointment, the faculty member and the appropriate supervisor shall review the duties and extent of the activity for the period involved for accomplishing the objectives and agree on the assignment to be undertaken. The duties and the agreed upon number of hours shall be in writing.

  3. Compensation shall be based on reduction of teaching load (i.e., released time) and stipend (where applicable) in accordance with the following schedule:

  4. Baseball Coach

    Per Year

    7 hours + $535.50 stipend

    Softball Coach

    Per Year

    5 hours + $299.25 stipend

    Golf Coach

    Per Year

    5 hours + $299.25 stipend

    Basketball Coach
    (men)

    Per Year

    7 hours + $882.00 stipend

    Basketball Coach
    (women's)

    Per Year

    7 hours + $882.00 stipend

    Volleyball Coach

    Per Year

    5 hours + $472.50 stipend

    Tennis Coach
    (men's)

    Per Year

    5 hours + $299.25 stipend

    Tennis Coach
    (women's)

    Per Year

    5 hours + $299.25 stipend

    Wrestling Coach

    Per Year

    7 hours + $535.50 stipend

    Soccer Coach

    Per Year

    5 hours + $472.50 stipend

    Cross Country Coach

    Per Year

    5 hours + $299.25 stipend

    Cheerleading Coach

    Per Year

    3 hours

    Newspaper Advisor

    Per Semester

    6 hours

    Director of Theater

    Per Semester

    3 hours

    Play Director

    Per Show

    3 hours

    Technical Supervisor
    and Set Director

    Per Show

    3 hours

    NOTE: Faculty members shall have the option of substituting overload (where applicable) for released time.

  5. In the case of coaching, if the duties are extended for another season because a team qualified for a national NJCAA tournament, the coach shall receive compensation commensurate with the duties he must perform in connection therewith.

  6. Nothing herein shall restrict the Board in determining: (1) whether any co-curricular activity shall be conducted; (2) the policies for the co-curricular program or (3) the number, if any, of appointments to be made. The Board shall have the right to appoint persons other than faculty members to direct co-curricular activities under such terms and conditions as it shall prescribe.

top ^

ARTICLE 17
WINTER/SUMMER SESSION

The Winter/Summer Session is defined as the period from the end of the Fall semester to the beginning of the Spring semester and the period from the end of the Spring semester to the beginning of the Fall semester.

A faculty member who teaches during the 2001-2002 winter/summer session shall be compensated at the rate of 0.022 of the faculty member's annual salary for the 2001-2002 academic year for each equated faculty load hour up through eight (8). Any additional equated load hours taught beyond eight (8) during the 2001-2002 winter/summer session will be reimbursed at the overload rate of $650.00.

A faculty member who teaches during the 2002-2003 winter/summer session shall be compensated at the rate of 0.022 of the faculty member's annual salary for the 2002-2003 academic year for each equated faculty load hour up through eight (8). Any additional equated load hours taught beyond eight (8) during the 2002-2003 winter/summer session will be reimbursed at the overload rate of $650.00.

A faculty member who teaches during the 2003-2004 winter/summer session shall be compensated at the rate of 0.022 of the faculty member's annual salary for the 2003-2004 academic year for each equated faculty load hour up through eight (8). Any additional equated load hours taught beyond eight (8) during the 2003-2004 winter/summer session will be reimbursed at the overload rate of $650.00.

For those faculty members not covered on the basis of equated faculty load hours taught, winter/summer session pay will be on the basis of 0.022 times the number of full weeks work, to a maximum of eight weeks, times annual salary as per the preceding paragraphs. Any weeks worked beyond eight (8) weeks will be reimbursed at the overload rate for the appropriate year (as stipulated in the preceding paragraphs).

Full-time faculty members who teach three (3) or more hours during the summer session shall be entitled to one (1) day of health and injury leave in addition to the leave provided by Article 40 of this Agreement, provided that full-time faculty members who teach six (6) or more hours during the summer session shall be entitled to two (2) days of health and injury leave in addition to the leave provided by Article 40. If unused, such leave shall accumulate as health and injury leave as provided in Article 40. Such faculty members may utilize the days provided for herein and the days accumulated pursuant to Article 40 as prescribed by Section B of Article 40.

Nothing herein shall be construed as requiring the Board to conduct a winter/summer session.

Full-time faculty members shall be given the opportunity to teach courses in winter/summer school which they have previously taught in the College prior to such opportunity being extended to other persons.

top ^

ARTICLE 18
CREDIT FIELD TRIPS

Faculty members participating in approved credit field trips during recess, vacation or other periods shall be paid at the summer school rates as prescribed in Article 17, provided the overload provisions of Article 17 shall exclude from the computation thereof the initial field trip taken by the faculty member during a single twelve (12) month period commencing September 1. If a faculty member shall participate in an approved credit field trip and teach summer school during such twelve (12) month period, the total hours of the credit field trips and summer school shall be combined for purposes of computation of overload, except as provided in the preceding sentence.

top ^

ARTICLE 19
INDEPENDENT STUDY

Faculty members who teach a course on an independent study basis shall be compensated at the rate of forty dollars ($40) per faculty load hour per student. Article 22 of the Agreement shall not be applicable to independent study courses. A faculty member may accept or refuse an independent study assignment without prejudice.

top ^

ARTICLE 20
EXTENDED ACTIVITIES

Upon agreement with the appropriate administrator, compensation shall be at a rate not less than the substitution rate. Such agreement shall be subject to approval of the Union.

top ^

ARTICLE 21
SUBSTITUTION

  1. A faculty member required to substitute for another faculty shall be compensated at the rate of $30.00 per faculty load hour. Nothing herein stated shall preclude at the faculty member's option an informal arrangement to handle substitution on a reciprocal basis, provided any arrangement for substitution under a reciprocal or other informal basis shall be made known to and approved in advance by the appropriate Dean or designee. Substitution, if successive, shall in no instance exceed two consecutive weeks of the entire course (if at least eight calendar weeks in duration), or such lesser time as the Executive Vice President for Educational Affairs or designee shall deem appropriate under all the circumstances. Substitution in excess of the foregoing shall be compensated pursuant to Article 22 of this Agreement.

  2. This Article shall be applicable to substitution of faculty members attending meetings or conferences or the like (other than those attended at the request of the Board), provided the Dean, or designee, may otherwise determine, and if so determined, such exception shall be non-precedential and in the sole discretion of the Dean or designee.

  3. In no event shall compensation for substitution apply to a faculty member during a time period when such faculty member is regularly assigned but not including office hours.

  4. Nothing herein shall preclude an informal arrangement by which one faculty member voluntarily agrees to substitute without compensation for a faculty member who has been authorized to be absent from his/her regular assignment where the substituting faculty member is qualified to teach the affected class provided the appropriate supervisor has been fully informed of this substitution.

top ^

SECTION THREE: LOAD

ARTICLE 22
FACULTY LOAD AND OVERLOAD

  1. Regular Load

    Load for faculty is fifteen (15) hours per semester. Faculty load will include a combination of classes to bring their load to at least 15 equated hours. If the combination of classes selected creates an overload situation, in lieu of being paid at the overload rate for those hours in excess of 15, faculty may elect to set aside those overload hours which may be used in subsequent semesters in place of normal load. A limit of five (5) hours per semester shall be designated as "set aside" hours or paid at the overload rate in effect in the subsequent semester. A maximum of three (3) "set aside" hours shall be used to establish regular load. Such set aside hours may accumulate to eight (8) hours.[1]

    Release time for coordinator and other activities shall be regular load hours.

    Any "set aside" load hours remaining at the time of retirement or resignation shall be paid to the faculty member at the overload rate current at the time of retirement or resignation.

  2. Voluntary Overload

    Full-time faculty members may request overload equated load hours in excess of hours described in part A above. However, these voluntary overload hours may not be included as "set aside" load hours. Compensation for voluntary hours will be at the overload rate. Such compensation will be paid in the same semester the overload is taught.

    Acceptance of voluntary overload assignments shall be described in a written memorandum agreed to by the faculty member and the dean or designee. The faculty member shall inform the dean or designee of his/her desire to teach overload classes no later than one (1) month prior to the beginning date of the semester or session in which the overload is to be taught. Faculty who seek overload assignments and who have given the one month notice shall be preferred over part-time instructors, qualifications being equal.

  3. Equated Load Hour Equivalents

    1. Load Hours. For faculty whose load is determined by contact hours, the normal assignment shall be thirty-five (35) hours per week which includes the normal ten (10) office hours. For the purpose of overload or load when contact hour and class assignments are mixed, one contact hour, i.e., one (1) hour each week of the semester, shall be computed as equivalent to 0.60 faculty load hours.

    2. Laboratory and Activity Hours. In determining equated faculty load hours, an activity or a laboratory hour in the following discipline shall be computed as an equivalent to 1.0 of a regular class hour:

      ABR, AOS, ARC, ART, AST, AUT, BCT, BIO, CAD, CNA, CHM, CIS, CIV, CNC, COM, CRJ, DHY, DFT, ECE, EGR, ELC, ELT, EMF, EMT, GEO, HIT, HRT, ISE, IMR, LTA, MTT, MCD, MIM, MLT, MUS, NUR, PHY, RAC, ROB, VST, WWW, WLD

      1. Procedures for Changing .75 Lab or Activity Hours to .85 Lab or Activity Hours: A joint committee comprised of two (2) administrators appointed by the Executive Vice President of Educational Affairs or designee and two (2) faculty members appointed by the Union President or designee shall review course prefixes which are compensated at the .75 ratio. Such review shall be for the purpose of determining whether such course prefixes appropriately qualify for a .85 lab-to-lecture ratio or whether they should be retained at the .75 ratio. If a majority of such committee shall agree, the ratio shall be converted to .85 effective the following semester, which includes summer school. Such review shall be initiated upon the written application to the Executive Vice-President of Educational Affairs or designee by three (3) faculty members teaching courses with such prefixes, or by 50% of the department thereof, whichever shall be the lesser number. (Such review shall occur in the order in which such applications are filed, but not more than once during this Agreement, provided that priority shall be given to those prefixes which were not in existence prior to the 1981-82 academic year.)

      2. Procedures for Changing .85 Lab and Activity Hours to 1.0 Equated Load Hour

        1. A joint committee, comprised of two (2) administrators appointed by the Executive Vice President of Educational Affairs or designee and two (2) faculty members appointed by the Union President or designee shall be created to establish, by a majority of the committee, criteria to apply in determining whether a course (lab or activity) compensated at .85 equated hours should be converted to and compensated at 1.0 equated load hours.

        2. Committees comprised of two (2) administrators appointed by the Executive Vice President of Educational Affairs or designee and two (2) faculty members appointed by the Union President or designee shall be created and review course prefixes which, on the effective date of this Agreement are compensated at the .85 ratio. Such review shall be for the purpose of determining whether such course prefixes appropriately qualify for the 1.00 lab-to-lecture ratio or whether they should be retained at the .85 ratio. If a majority of such committee shall agree, the ratio shall be converted to 1.0 effective with the following academic year. Such review shall be initiated upon the written application to the Executive Vice-President of Educational Affairs or designee by three (3) faculty members teaching courses with such prefixes, or by 50% of the department thereof, whichever shall be the lesser number. Such review shall occur in the order in which such applications are received by the Executive Vice President of Educational Affairs or designee, but not more than once for any course during this Agreement. In no event will more than twenty-five percent (25%) of the College's eligible disciplines (on the effective date of this Agreement) increase from .85 to 1.0 in any academic year. If more than this number of courses are approved for conversion, the conversions will be in the order they were received by the Executive Vice President of Educational Affairs or designee, with the first courses approved to be converted the following academic year and the remaining courses to be converted in subsequent years.

      3. Courses may not be converted directly from .75 to 1.0 equated load hours. The joint committee's decision on conversions is final and the decision or failure to convert courses to higher equated load hours may not be grieved or appealed by either party.

    3. Leave of Absence Load Hours. A faculty member on leave of absence for a semester shall be deemed to have had a faculty load of fifteen (15) equated faculty load hours during such semester.

    4. Telecourses. The equated faculty load of a pre-packaged telecourse or equivalent shall be counted as normal class lecture. A faculty member shall not be required to teach such telecourses unless necessary to provide a full load for such faculty member.

    5. Interactive Distance Learning. A $200.00 stipend per credit hour will be paid the first time a faculty member teaches a particular interactive distance learning course. A faculty member shall not be required to teach such interactive distance learning courses unless necessary to provide a full load for such faculty member.

  4. Overload Compensation

    All equated load hours in excess of fifteen (15) in each semester, if not used as "set aside" hours shall be compensated at the rate of $650.00 during this Agreement.

  5. Alternative Load Option

    By mutual consent of a tenured faculty member, his or her associate dean, and the Executive Vice President for Educational Affairs or designee, a faculty member may be assigned load hours for teaching customized courses, team teaching, conducting workshops, participating in development work, working on grants and participating in other special projects. Load hours resulting under this article shall be assessed as regular load under provisions of Article 22, paragraph A.



    1. Instructional Alternative Load. For teaching customized courses, team teaching, workshops, and other instructional experiences, sixteen (16) clock hours of instructional time (i.e., in class instruction) would equate to one (1) load hour. In addition, the faculty member would assume responsibility for the necessary hours for the preparation, student evaluation and other work associated with teaching a customized course or conducting a workshop.

    2. Non-Instructional Alternative Load. For alternative load hours other than instructional load, load used for special projects such as developing curriculum, developing assessment standards, working on grants and participating in workplace training, every load hour represents 3 clock hours of time on task per week for sixteen (16) weeks.

    The nature of the work and the time required along with all appropriate approvals must be established at least 2 weeks prior to the beginning of a semester or by the sixth week of a semester when work is to be done during the second half of the semester.

    Office hours associated with alternative load: Each load hour of alternative load would reduce office hour requirements by 2/3 of an office hour. If one's entire load consisted of alternative load hours then, 15 hours x 2/3 - a reduction of 10 office hours. The parties understand that these office hours would be regained through the required time on task hours per week as: 15 load hours x 3 clock hours time on task = 45 clock hours per week.

    If a faculty member does not have a full load in a given semester, the provisions of paragraph E.2. of this Article may be used by the College to establish a full load.

top ^

ARTICLE 23
CAREER PROGRAM COORDINATORS

  1. Designation of coordinators for occupational or other programs shall be made annually by the Board, subject to acceptance by the faculty member, provided in an emergency temporary appointments may be made, and provided where only one (1) full-time faculty member is employed in the program a non-voluntary appointment may be made until some appropriate alternative may be implemented. Such emergency or temporary appointments shall be so indicated when presented to the Board for final approval. Appointments shall be for the entire academic year unless otherwise agreed to by both parties. Appointments typically shall be made no later than May 1.

  2. Prior to such appointment, the coordinator-designate and designated administrators shall analyze the goals and objectives of the specific program to serve as a basis for establishing an appointment agreement. The Board shall identify the coordinator's immediate supervisor.

  3. The Board shall make readily available a general job description for coordinators, provided such shall not preclude the inclusion or exclusion of specific responsibilities pursuant to the preceding Section B.

  4. The normal load for coordinators shall be three (3) faculty load hours per semester. Additional faculty load hours may be granted by the Board. Coordinators of program areas with limited enrollments or requirements may receive less than the normal load for coordinators.

  5. Nothing herein shall be construed as precluding an agreement between the Board and an individual faculty member wherein acceptance of the duties of coordinator shall be incorporated into regular duties of the faculty member.

  6. Summer coordination shall be voluntary on the part of the faculty member. Responsibility and compensation shall be memorialized prior to the onset of the summer session. The Board shall seek to determine the necessity for summer coordination prior to May 1 preceding the summer session.

  7. Acceptance of an appointment as a program coordinator shall preclude the faculty member scheduling a four-day week. Exceptions to such requirement may be made by the Dean and Coordinator in recognition of the Coordinator's particular duties.

top ^

SECTION FOUR: BENEFITS AND PROTECTIONS

ARTICLE 24
FRINGE AND FLEXIBLE BENEFITS

  1. If at any time during the term of this Agreement the Board shall become obligated as a result of statutory enactments to pay any portion of the faculty member's health/surgical and/or major medical protection or otherwise compels the Board to provide same specific health/surgical and/or major medical protection, the benefits provided herein shall be reduced accordingly.

    If at any time during the term of this Agreement an insufficient number of persons shall elect the options of group insurance plans as to endanger the group status of such plans, the Board may adopt a reasonable plan to guarantee the continuation of such group plan, provided the Board shall first consult with the President or designee of the Union with respect to such plan.

    The minimum amount of participation in the Local Governmental Health Plan shall be 80% of the faculty.

  2. Effective September 1, 2002, the Board shall provide group term life insurance in the amount of $50,000 for each faculty member.

  3. During the term of this Agreement the Board shall maintain a group policy of health/major medical insurance and a group dental policy except as altered pursuant to the next following paragraph. The faculty member shall be entitled to pay the premium for such insurance which premium shall be reimbursed to the faculty member who appropriately submits timely notice under the flexible benefit plan adopted hereunder.

    The College shall select, maintain and pay the premium for a supplemental group dental policy for faculty who desire to participate.

    During the term of this Agreement, the parties shall evaluate the existing insurance benefit program. Such evaluation shall be conducted by the existing insurance review committee. The committee shall have the authority to recommend a change in any aspect of the health/major medical/dental program, such to be effective from and after such date as shall be established by the committee, but not after the expiration date of this Agreement, subject to the approval of the Board of Trustees and the Executive Committee of the Union. The faculty representative on such committee shall be appointed by the Union.

  4. Effective January 1, 1988, the Board shall establish a flexible benefit plan. Such plan shall be developed in consultation with the union and shall provide an opportunity, pursuant to relevant Internal Revenue Service Guidelines and Regulations for faculty members to deduct health, dental and disability insurance as allowed by law and such other items as may be hereafter agreed between the Board and the Union from their overall compensation and to be subsequently reimbursed therefor upon the timely filing of evidence of payment of such insurance and with the other provisions of such flexible benefit plan.

    In addition to the other benefits provided under this contract, the College shall provide the following flexible compensation allowances to faculty which the faculty member may receive as tax-sheltered income under the Internal Revenue Service statutes and regulations pertaining to flexible benefit plans or as regular income:

    1. In the 2001-2002 academic year the sum of two thousand one hundred dollars ($2,100);

    2. In the 2002-2003 academic year the sum of four thousand dollars ($4,000);

    3. In the 2003-2004 academic year the sum of five thousand seven hundred dollars ($5,700).

top ^

ARTICLE 25
DOMESTIC PARTNERS

For the purposes of this agreement the term “spouse” shall include domestic partners, and all rights and benefits afforded to employee spouses under this agreement shall be extended to domestic partners as defined below. Similarly, dependent children of employees’ domestic partners shall be defined as employees’ dependent children for the purposes of this agreement. This definition of the term “spouse” shall not apply to benefits which are prohibited by a third party contract.

To be eligible for coverage as a Domestic Partner, the College employee and the Domestic Partner must complete and file with the Human Resources Office an “Affidavit of Domestic Partnership” in which they attest that (a) they are each other’s sole domestic partner, responsible for each other’s common welfare, (b) neither party is married, (c) the partners are not related by blood closer than would bar marriage in the State of Illinois, (d) each partner is at least 18 years of age and of the same sex, and (e) three of the following conditions exist for the partners:

  1. The partners have been residing together for at least twelve (12) months prior to filing the Affidavit of Domestic Partnership.

  2. The partners have common or joint ownership or lease of a residence.

  3. The partners have at least two of the following arrangements:

    1. Joint ownership of a motor vehicle;

    2. A joint credit account; or

    3. A joint banking account.

  4. The Domestic Partner has been designated as a beneficiary for the death benefit payable from the employee’s retirement annuity contract or from the College of Lake County’s Group Life Insurance or the College employee declares that the Domestic Partner is identified as a primary beneficiary in the employee’s will.

  5. The Domestic Partners have executed a “relationship contract,” which (a) obligates each of the parties to provide support for the other party and (b) provides, in the event of the termination of the domestic partnership, for a substantially equal division for any property acquired during the relationship.

All information supplied by the employee or the domestic partner will be kept confidential and this information is not released to any party outside the Human Resources department which is involved in the processing of the enrollments.

top ^

ARTICLE 26
RETIREMENT

  1. SURS Early Retirement Plan for Faculty Age 55-59

    The early retirement program under the State Universities Retirement System Public Act 82-435 shall be implemented so long as it remains in effect. To be eligible for the SURS early retirement plan, a faculty member must meet the eligibility requirements of the SURS early retirement plan, or shall apply for participation, in writing, to the appropriate vice president, or designee, in accordance with the deadline dates specified in Section B. Such deadlines may be waived by the Board of Trustees in its sole discretion and without precedential effect. According to the SURS Early Retirement Plan, the employer and the employee are each required to make a one-time lump sum payment to SURS based upon percentages stipulated by SURS.

  2. College Retirement Plan



    1. To be eligible for the College of Lake County Retirement Plan, the faculty member must:

      1. Have completed at least twenty (20) or more years of continuous full-time service as a faculty member or administrator at the College of Lake County immediately preceding retirement.

      2. Be at least fifty-five (55) years of age at the time retirement begins.

      3. Retire on or before May 30, 2004.

      4. Provide professional services to the College, in addition to his/her regular teaching load in areas that may include, but are not limited to, curriculum modification, design and program development; mentoring new full and part-time College faculty members, and research and analysis. The content and parameters of such a plan shall be proposed and prepared by the eligible faculty member and, if acceptable, approved by the Executive Vice President for Educational Affairs or designee.

      5. Provide notice in writing of retirement to the President of the College as described below, which notice is irrevocable unless mutually agreed to by the College and the faculty member.

      6. Not have given notice of intent to retire under any other program offered by the College.

    2. As compensation for the additional services and promises described in this Article, each participating faculty member shall receive the following:

      1. For faculty who give written notice on or before February 1, 2002 of their intent to retire on or before May 30, 2004, commencing the fall academic year of 2002-2003 the College will increase the faculty member's base salary by 20% more than the faculty member's 2001-2002 base salary and the faculty member's 2003-2004 base salary by 20% more than the faculty member's 2002-2003 base salary. Throughout this Article, the term "base salary" excludes amounts earned in excess of those amounts shown on the salary schedules at Article 13. By way of example "base salary" does not include earnings for winter/summer instruction, overload, co-curriculum or extended activities.

        Example: A faculty member gives written notice before February 1, 2002 of his or her intent to retire and in the 2001-2002 academic year earns $80,000 in base salary and $15,000 in overload and winter/summer instruction. In the 2002-2003 academic year the faculty member would earn $96,000 in base salary and in the 2003-2004 academic year would earn $115,200 in base salary.

      2. For faculty who give written notice after February 1, 2002 but on or before February 1, 2003 of their intent to retire on or before May 30, 2004, commencing the fall academic year of 2003-2004, the College will increase the faculty member's base salary by 20% more than the faculty member's 2002-2003 base salary subject to the limitations described in Article 26.B.1. and 2.

    3. Faculty members who have applied for or given notice to retire under any other College retirement program such as the College Senior Service Option are not eligible to participate in this Plan and this retirement plan may not be combined with any other retirement plan offered by the College. Death or retirement shall terminate the College's obligation to pay salary or salary enhancements. The College will not deduct any retirement penalties the College may owe under the State University Network System Public Act 82-435 from the base salary enhancements described above, but should the Illinois General Assembly enact another early retirement incentive plan, the provisions of this plan (the College Retirement Plan) will not be accessible to retirees opting for such plan.

  3. Insurance Coverage

    1. The Board shall provide group medical insurance coverage to individuals retiring under paragraphs A and B of this article, subject to eligibility provisions contained in the summary plan description and provided such retiree was participating in such coverage on the effective date of retirement. The retiree shall pay and be reimbursed for all premiums in conjunction with individual medical insurance coverage through the college plan subject to the availability of special state funding. Such reimbursement shall continue until the retiree shall reach age 65.

      In the event special state funding is discontinued, or if funding falls short, the Board shall pay the premium for such individual coverage until the retiree shall reach the age of 65.

      If at the time of retirement, the retiree shall elect to purchase insurance other than through the College's plan, the Board will contribute thereto in an amount equal to the cost of individual coverage through the College's plan until the retiree shall reach the age of 65. Such payment of premiums shall be made in the form of quarterly reimbursement to the retiree, provided the retiree shows proof of payment of such premiums.

      Upon attainment of age 65, the retiree shall be eligible to purchase the college sponsored Medicare supplement plan subject to eligibility provisions contained in the summary plan description. The Board shall reimburse the retiree for such supplemental cost with special state funding to the extent it is available.

      The retiree shall have the option to purchase dependent coverage through the College's group medical insurance program subject to the eligibility provisions contained in the summary plan description, if dependent coverage is in effect at the date of retirement. When a covered dependent reaches the age of 65, the College medical insurance coverage shall be replaced by Medicare. Covered spouses are eligible to purchase the Medicare supplement.

    2. Notwithstanding any other terms of this Article, faculty who retire after August 1, 1998 during this contract will not be eligible to participate in the College's group health plan (the Local Government Health Plan or the self-funded plan) or to purchase Medicare supplemental coverage or dependent coverage through the College plan once SURS retirees may begin enrolling in the SURS retiree health plan being developed pursuant to amendments made to Public Act 90-497 by S.B. 423.

      After retirees may begin enrolling in the SURS health plan, the College will reimburse faculty who actually purchase single health insurance coverage from SURS or another carrier (and who participated in the College's group health plan on the date of their retirement) for the cost of single health premiums to the age of 65 in an amount not to exceed:

      1. the cost of single health insurance premiums offered under the SURS P.P.O. plan (or if SURS offers more than one P.P.O. plan, the least expensive P.P.O. plan);

      2. the cost of single health insurance premiums for the health insurance plan or policy actually purchased by the retiree;

      3. the cost of single health insurance premiums under the College's Local Government Health Plan;

      whichever is least expensive.

      If the SURS plan permits, the retiree may upgrade his or her single coverage to the level of coverage offered under the P.P.O. ("Quality Care" program) coverage under the Illinois Central Management Services Local Government Health Plan and the College will reimburse the retiree for the cost of the premium upgrade.

  4. Professor Emeritus

    The position of Professor Emeritus is established as follows:

    1. A faculty member who retires under SURS and wishes to continue employment with the College may become eligible to participate in the Professor Emeritus program by submitting a written request to the President by March 30 of the last academic year preceding retirement. It is the responsibility of the faculty member to satisfy the 60 day hiatus in employment in the same system required by SURS in order to provide inclusion in the appropriate semester.

    2. The President or designee may approve or disapprove the request. Participation in the program shall entitle the retiree to Professor Emeritus status for two (2) years or as otherwise mutually agreed-upon between the retiree and President. Such years shall be consecutive.

    3. Subject to course availability, the Professor Emeritus may elect to teach a combination of courses which will not exceed 40% of a basic contractual assignment per academic year. Such faculty who had been previously employed on the basis of a 35 hour week may elect to work a maximum of 40% of the total number of hours required to fulfill the annual contract. The Professor Emeritus shall have the responsibility to determine the maximum he/she may earn without affecting his/her retirement annuity and not accept or seek employment beyond the maximum.

    4. The Professor Emeritus shall work subject to the following conditions:

      1. Participation in this program is subject to the availability of work for which the Professor is qualified under the Qualification to Teach standards.

      2. The Professor shall have priority in the selection of course(s) (but not course selections) after all full-time faculty have obtained load and voluntary overload but before part-time faculty assignments are made unless a demonstrably special circumstance exists in which a particular part-time faculty member is desirable. Where more than one (1) such Professor seeks available work, the one with the greatest seniority prior to retirement shall select first.

      3. The rate of pay shall be the then current overload rate or the part-time rate of pay, whichever is higher.

      4. He/she shall receive insurance benefits as provided in this Article for retirees and pro rata sick and emergency leave.

      5. The tuition waiver article in this Agreement shall apply to him/her.

      6. Nothing in this Article shall prohibit or limit the right of the College to hire or retain a retired faculty member on an independent contract basis.

    5. Compliance with this Section shall not prevent the College from employing a full-time faculty member to teach courses the Professor Emeritus would otherwise be qualified to teach or from offering courses to a faculty member to complete a full load which could not otherwise be completed.

  5. Service Credit Purchase

    The College may contribute an amount not to exceed $10,000.00 toward purchase of prior service credit for a retiring faculty member provided that:

    1. The purchase of such years of service credit will not exceed the number of years needed to permit a faculty member to retire without a SURS penalty payment by the College; and

    2. In no event will the amount the College pays to purchase such service credit exceed the amount to be saved by the College in SURS penalties by purchasing the service credit for the faculty member.

    To obtain this contribution, the faculty member must notify the Board, in writing, of his or her desire to have the Board make such contribution at least one (1) year before the faculty member is to retire.

top ^

ARTICLE 27
PROFESSIONAL LEARNING ACTIVITIES REIMBURSEMENT PLAN

The Board shall reimburse faculty members for the actual (and receipted) cost of tuition and required fees (but not including travel or other costs) paid at accredited institutions of higher learning up to a maximum $3,000 per year. The maximum number of semester hours any faculty member may claim for reimbursement in any one year shall be twelve (12). In lieu of such tuition reimbursement, up to $2,000 of such amount may be substituted for reimbursement for expenses incurred (including travel) for pre-approved seminars, workshops, and other professional activities that may enhance performance or otherwise benefit the College; except that participation by College full-time faculty in College of Lake County travel courses will be reimbursed at up to fifty percent (50%) of the course fees. The College shall not be obligated to expend more than $85,000 in 2001 – 2002 and 2002 – 2003 except that the aggregate cap for tuition reimbursement shall not be subject to this limit for the purposes described in this Article. For 2003 – 2004, the College shall not be obligated to expend more that $80,000 except that the aggregate cap for tuition reimbursement shall not be subject to this limit for the purposes described in this Article.

Both tuition reimbursement and other expenses reimbursed under this Article must be approved in advance by the supervisor and vice president. Advances will be paid no sooner than ninety (90) days before the activity. All advances must be reconciled before any other advances or reimbursements will be made unless multiple professional learning activities fall within a 30 day period.

Continuing the previous practice when workshops, seminars, etc., were deemed highly valuable and therefore financed in whole or in part by the College, the above individual allotment for non-tuition activities may be supplemented with additional divisional or other College funds.

  1. Conditions for Approval

    1. A course must be offered by a regionally accredited institution. (Not applicable to vocational-technical instructors).

    2. A written request shall be submitted to the appropriate Vice President for approval, prior to enrolling in a course or prior to registration for an approved professional activity other than a course.

    3. The major criterion for approval shall be that the course/activity contribute to the professional development, the information, and the instructional skills of the faculty member. Approved courses/activities shall be in one of the following three (3) areas:

      1. In the faculty member's special field (or fields if he has teaching assignments in more than one area).

      2. In the following education courses: Teaching Methods, Tests and Measurements, Community College Organization, Counseling/Advising Techniques, and Teaching the Adult/Non-Traditional Learner, provided no more than one such course in each of these categories shall be reimbursed except as specifically approved by the appropriate Vice President in his discretion.

      3. In courses which contribute significantly and directly to the performance of the faculty member's assigned teaching duties at the College or will clearly serve to train the faculty member in a new subject area pre-approved as meeting the need of the College.

      4. If the faculty member is taking course work under the auspices of a scholarship or grant which is paying for full tuition, the College shall not be obligated to duplicate that tuition amount. If the scholarship grant shall not cover the entire cost, the College of Lake County shall then be obligated to the limits set forth in items under Section A of this proposal.

      5. Full-time faculty desiring to enroll in courses offered by the College of Lake County will receive, on approval of the appropriate Vice-President, reimbursement according to the provision of the tuition-reimbursement plan. Courses taken at the College of Lake County will not be considered for placement on the salary schedule, except in those instances where the course pursued meets the criteria specified in A-3 of the preceding material.

    4. Reimbursement Plan

      1. Upon the completion of an approved course, the faculty member shall file all documentation which may be reasonably required by the appropriate Vice President on a timely basis.

      2. Payment shall be made upon completion of approved courses in which an instructor has received at least a grade of "C" or equivalent or upon verification of completion of an approved professional activity.

      3. Under no circumstances shall reimbursement be granted for more than twelve semester hours per academic year. Summer session shall be considered part of the previous year.

      4. Tuition reimbursement for approved courses taken in the fall semester shall be paid at the time the first salary payment of the spring semester is made, provided all required documentation has been filed on a timely basis with the appropriate Vice President. However, a separate check shall be issued as tuition reimbursement and shall not be considered as salary. The appropriate Vice President must receive the proper forms and official transcript before the semester and/or summer term and the applicant shall be reimbursed in the first salary payment of the fall semester after the appropriate Vice President has received the proper forms and official transcripts. Persons no longer employed by the College of Lake County at the time of the payment date shall not qualify for reimbursement.

      5. Expenses for professional activities other than courses shall be reimbursed as provided in Article 30.

      6. Reimbursement for travel or other expenses shall not be applicable whenever there is reimbursement pursuant to this Article for tuition/fees for courses.

    top ^

    ARTICLE 28
    JOB SHARING

    1. GENERAL:

      Job sharing is a voluntary program where two tenured faculty instructors, with the express written approval of the College, agree to share the responsibilities and benefits of one existing full-time teaching position for a designated period of time. The faculty members may be within one division or may be in different divisions but both instructors must be fully qualified and capable of teaching the existing full-time position.

    2. APPLICATION PROCEDURE:

      Instructors who wish to job share shall submit a written application and proposed plan for a job sharing arrangement to the Administrator of their division and to the Executive Vice President of Educational Affairs by February 15 of the year preceding the academic year the arrangement is requested. The proposed plan will identify the participants and responsibilities of the instructors and shall include, but not be limited to, a detailed description of the division of instructional responsibilities, the scheduled work hours and/or days of each instructor, substitution procedures in the event of illness, provisions for attendance at departmental and divisional meetings, and arrangements to maintain office hours. The Executive Vice President of Educational Affairs will review the request and if she or he believes it is in the best interest of the College, may recommend the job share arrangement to the President of the College. Recommendations for job sharing shall be submitted by the President to the Board of Trustees which, in its sole discretion, may approve the job share.

    3. SALARY AND BENEFITS:

      Participants in job sharing positions shall be placed appropriately on the salary schedules and their salaries shall be prorated according to a percentage of the full-time position worked. All employment benefits including, but not limited to, fringe benefits, SURS contributions and sick leave shall be prorated according to the percentage of time worked. For example: For every ten days of sick leave earned by full-time tenured faculty, a tenured faculty member working a 60% job sharing position would earn six days of sick leave.

      Participants in job sharing positions shall receive salary step advancement at the start of the school year following accumulation of the equivalency of one (1) year of full time service. For example: A faculty member working a 50% job share arrangement would need two years of half-time service to move one step on the salary schedule.

    4. LENGTH AND NUMBER OF JOB SHARING ARRANGEMENTS:

      The length of a job sharing arrangement shall for one (1) academic year. In the event one participant cannot complete a job sharing plan due to illness or other emergency, at the College's election, the other participant may be required to assume the full-time teaching responsibility of the position. No more than three (3) job sharing arrangements may exist at any time.

    5. ATTENDANCE AT REQUIRED MEETINGS:

      The parties acknowledge that the participants in the job sharing arrangement must fulfill all professional obligations including attendance at departmental meetings, observance of office hours and availability to students.

    6. SENIORITY:

      Participants in the job sharing program will earn and accrue seniority in proportion of the time worked. The parties agree that a tenured instructor's participation in an approved job sharing program will not affect the instructor's tenured status.

    top ^

    ARTICLE 29
    TUITION WAIVER

    Each full-time or retired full-time faculty member, his/her spouse, domestic partner and dependent children, 23 years of age or younger, shall be eligible to enroll tuition free in credit courses offered by the College. This right shall be limited to thirty-six (36) hours per individual per twelve (12) month period commencing with the fall semester. Participation hereunder shall not permit any course to be conducted if it would otherwise be terminated for lack of sufficient enrollment, and such participation hereunder shall not preclude a tuition student from enrolling in such course. The right to participate hereunder shall not include the right to avoid payment of any student activities or laboratory, materials or other supplementary fees required for such course(s). Courses taken pursuant to this Article shall not qualify for salary column advancement.

    Effective with the onset of the fall semester of the 1989-90 academic year, the foregoing shall also apply to non-credit courses offered by the College without payment of the course fees.

    top ^

    ARTICLE 30
    TRAVEL REIMBURSEMENT

    Faculty members who travel on pre-approved College-related business will be reimbursed by the Board subject to the following:

    1. Pre-approval shall be by the appropriate immediate supervisor and the appropriate Vice-President.

    2. The distance traveled for purposes of reimbursement will be computed from the permanent College site or from any other previously approved point of departure.

    3. Mileage reimbursement shall be computed at the amount allowed for deduction without itemization by the Internal Revenue Service. Where air or railroad travel shall be designated, the cost of coach transportation shall be used.

    4. Other actual expenses for approved expenditures, subject to reasonable maximums established by the President or designee. The Vice-President for Administrative Affairs or designee may authorize expenditures in excess of the above under extraordinary circumstances.

    5. The amount budgeted for a faculty member by the Board for the purpose of travel reimbursement shall not be construed as an upper limit of the amount of reimbursement available to an individual faculty member as long as the total funds budgeted for this purpose are not exceeded, but neither shall such budgeted amount be construed as a required expenditure in the absence of travel assignments deemed to be of significant benefit to the College.

    top ^

    ARTICLE 31
    USE OF COLLEGE FACILITIES

    1. The Union shall have the right to hold its membership meetings on College property provided such meeting will in no way interfere with any aspect of the instructional or administrative program, that such meeting entails no additional maintenance or custodial expense, and that the facilities are available. When such meeting entails additional maintenance or custodial expenses, the Board may make a reasonable charge therefore. The Union shall contact the Dean of Business Services or designee regarding the availability of the desired College facility and make advance reservations for such prior to scheduling any meeting which is to be held on College property. This paragraph shall be inapplicable to any meeting of more than twelve (12) persons where less than ninety percent (90%) of those attending are employees of the College.

    2. Appropriate representatives of the Union shall have access at reasonable times to the college facilities and equipment without cost, including computers, copying equipment, fax machines, and other miscellaneous equipment. Use of equipment and consumables shall be subject to the approval of the Dean of Business Services or designee. The Union shall reimburse the Board for any consumables and for the cost of repair due to negligent operation of such equipment occasioned by the use thereof by the Union. The use of such equipment shall be on site, shall not interfere with the instructional or administrative program of the college, and shall be subject to reasonable regulation as shall be prescribed by the Dean of Business Services or designee.

    3. The Union shall have the right to place notices on bulletin boards designated for faculty use and in faculty members' mailboxes. All bulletin board notices shall be signed or initialed by an authorized Union representative. A copy of any item placed in faculty mailboxes shall be concurrently furnished the President or designee, except this requirement shall not be applicable to any material which shall be individually addressed to a specific faculty member(s).

    4. The Board shall provide the Union with an office for use by the Union for legitimate Union business. The office shall be equipped with a desk, desk chair, filing cabinet and bookcase, provided that thereby the Board shall incur no responsibility or liability of whatsoever nature for such desk, cabinet and bookcase. A telephone shall be provided for said office, provided that the Union shall be responsible for reimbursing the Board for the cost of all long distance calls made on the Union's telephone. A mailbox shall be designated for mail addressed to Union officers. The union shall also be provided with space on a College server to support a Union Web page.

    5. The College will provide to program coordinators who are full-time faculty members access to the College's student production system through the College's administrative computer network from the coordinators' homes to the same extent currently afforded administrators.

      The College will provide full-time faculty members with access from the faculty member’s home computer to an internet service provider under one of the following conditions:

      1. The faculty member is preparing an online course that has been approved by the Executive Vice President for Educational Affairs or teaching an online course.

      2. Faculty who have identified in their syllabus a significant portion of a course as using online instruction, e.g. using Email to communicate with students; using the Internet for assignments or exams; using the Internet for research purposes; and/or other instructional purposes may apply through the dean to the vice president with an explanatory memo and a copy of the syllabus.

      3. Faculty who wish to learn more about the potential for online instruction may receive short-term access as they participate in a Teaching and Learning Center course about online instruction.

    top ^

    ARTICLE 32
    PARKING

    The Board shall make a reasonable effort, within available resources, to provide adequate parking for faculty, students, College staff, and appropriate publics. In cooperation with the College's Facilities Use and Planning Commission, the College will expand membership on the Health and Safety Subcommittee to include two members appointed by the faculty union. This subcommittee will advise the commission and administration on parking and safety issues and procedures.

    top ^

    ARTICLE 33
    COLLEGE CALENDAR

    The President of the College shall annually (but not later than November 15) appoint a committee to prepare a calendar for recommendation to the Board of Trustees. Such committee shall include at least three (3) tenured faculty members who shall be selected from a list (of not less than four (4)) provided by the Union president or designee no later than November 1.

    The Board shall foster procedures which allow the rotation of faculty members' participation in the registration process.

    top ^

    ARTICLE 34
    ACADEMIC FREEDOM

    It is assumed that each faculty member shall engage in those activities which shall at no time be detrimental to the College. Faculty members shall be free to present instructional materials which are pertinent to the subject and level taught and shall be expected to present all facets of controversial issues in an unbiased manner.

    Faculty members may participate in any activity or organization that is not in direct violation of the policies of the Board of Trustees of Community College District 532 or of the laws of the State of Illinois or the United States of America. The Board of Trustees of Community College District 532, or its appointed administrators, shall not discriminate in any way against any faculty member by reason of participation or membership in faculty or student organizations, religious, political, social, or which is not in violation of the policies and laws described above.

    Academic freedom is defined in the following Statement of Principles established by the American Association of University Professors, which is set forth herein as an expression with which the parties find agreement as a statement of general objectives and guidelines.

    1. The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of his/her other duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.

    2. The teacher is entitled to freedom in the classroom in discussing his/her subject, but the faculty member should be careful not to introduce into his/her teaching controversial matters which have no relation to his/her subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.

    3. The College or university teacher is a citizen, a member of a learned profession, and an officer of an education institution. When the faculty member speaks or writes as a citizen, he/she should be free from institutional censorship or discipline, but his/her special position in the community imposes special obligations. As a person of learning and an educational officer, the teacher should remember that the public may judge his/her profession and his/her institution by his/her utterances. Hence, the faculty member should at all times be accurate, should exercise appropriate restraint, should show respect for the opinion of others, and should make every effort to indicate that he/she is not an institutional spokesperson.

    top ^

    ARTICLE 35
    USE, ACCESS AND OWNERSHIP OF INTELLECTUAL PROPERTY

    1. Institutional Materials (College Owned Materials)

      The College owns and may use and have unlimited access to materials developed as part of the faculty member's work which supports the institution's relationship with governmental agencies and accrediting bodies. These "institutional materials" include but are not limited to any reports, forms or other documents prepared for curriculum approval, program evaluation, accreditation, grant applications, grant soliciting, departmental syllabi, and course reference files.

    2. Instructional Materials (Faculty Owned Materials)

      Faculty members own and may use and have unlimited access to any "instructional materials" which they create, including, but not limited to, syllabi, handouts, study guides artistic renderings such as sculptures or drawings, models and other instructional materials prepared for any course regardless of the method of course delivery. Instructional materials may be in the form of written or printed work, artistic media, video tape, audio tape, computer disk, compact disc or other physical or electronic forms.

      1. College Right of Use and Access: The College shall have the right of use and access to instructional materials for the following purposes: Responses to requests by accrediting agencies; providing course information to students; assisting students in completing an assigned incomplete for which materials have been created, in the event of the absence of the instructor; to help respond to requests for information relating to a student's transfer to other institutions; to use as models for other faculty; and to respond to formal complaints about a course in which a student has been enrolled.

      2. Impermissible Purposes: The College may not sell, lease, assign or transfer interest in these instructional materials without permission of the faculty member, nor will the College knowingly allow other faulty to plagiarize or appropriate such materials.

      3. Faculty Member's Sale, Lease, Assignment or Transfer of Any Ownership Right: A faculty member may sell, lease, assign or transfer any rights to his or her instructional materials, except that:

        The faculty member must notify the College in writing of the sale, lease, transfer or assignment of any interest in the materials and any sale, lease, transfer or assignment of any interest in the property must be subject to and made clear in writing that the College continues to have the right to have access and use of the materials as described above.

    3. Intellectual Property Developed with Extra-Ordinary Support or Express Agreement (Joint Ownership)

      1. Extra-Ordinary Support: Any materials developed by faculty members with more than usual and customary level of support from the College will be jointly owned by the College and the faculty member. "More than usual and customary support" is clerical or office support beyond normal levels or any other support provided by the College in the form of monetary incentives or release time, sabbatical leave or stipend, beyond the normal levels provided to faculty by the College in order to prepare and deliver course instruction.

        For these materials neither the College nor the faculty member may sell, lease, transfer or assign any interest in them without the written consent and agreement of the other party.

      2. Express Agreements: Where the College and the faculty member have entered into an express written agreement pertaining to the use, access and ownership of material, that agreement shall govern how income, if any, shall be divided between the faculty member and the College.

    4. Limitations on Videotaping or Recording of Classes

      1. General: Video and audio taping or recording of classes shall be only at the initiation of the faculty member teaching the course and may be used only at the discretion of the faculty member. The faculty member has the right to modify and dispose of these tapes or recordings.

      2. Interactive Distance Learning: The above limits on taping and recording extend to distance learning classes. In no event will video or audio tapes or recordings of a faculty member's lecture, performance or presentation be rebroadcast or used by the College without the consent of the faculty member. The College will dispose of the tapes or recordings no later than two weeks after the tapes or recordings were made, unless otherwise agreed to by the College and faculty member.

    top ^

    ARTICLE 36
    TENURE

    1. The parties acknowledge the Public Act 81-1100 amended the "Public Community College Act" effective January 1, 1980 (a copy of which is reprinted at the end of this Agreement for informational purposes only) with the purpose of providing for the acquisition of tenure of certain faculty members and for other purposes. If a court of competent jurisdiction shall nullify such Public Act or interpret such Public Act as to be prospective only as regards the acquisition of tenure, or if it shall be repealed by the General Assembly, the parties agree to promptly execute an amendment to this Agreement adding the provisions regarding acquisition and retention of tenure as were contained in the Agreement between the parties during the 1978-79 and 1979-80 years.

    2. Any dispute with respect to any matter arising under Public Act 81-1100 shall be submitted and processed pursuant to the provisions of Article 7 of this Agreement, provided that the arbitration provisions of Article 7 shall not be applicable, unless mutually agreeable.

    3. In all cases where the conduct or performance of a tenured faculty member has been such that it could lead to a formal dismissal proceeding against him for cause, such formal proceeding shall be preceded by an informal meeting. Such meeting shall include the Executive Vice President for Educational Affairs or designee and the appropriate associate dean or designee, and shall be held at a reasonable time. The affected faculty member shall have the right to be present and present such information as deemed pertinent, and to be accompanied thereat with a representative. The President or designee shall be invited to attend. The meeting shall be for the purpose of advising the faculty member of the nature of the conduct or performance which has led to the possibility of a dismissal and, except in non-remediable cases, discuss ways to improve the conduct or performance short of formal dismissal proceedings. Any material of a derogatory nature which is to be used in a dismissal procedure shall be tendered to the faculty member for initialing before being permanently entered into the faculty member's personnel file. Initialing shall mean only that the faculty member acknowledges receipt of the material, not that the faculty member necessarily agrees with the content of the material. The source of such materials shall be identified.

    top ^

    SECTION FIVE: FACULTY OBLIGATIONS

    ARTICLE 37
    OFFICE HOURS

    1. Faculty members shall be required to keep ten (10) office hours per week. An office hour is defined as a period in which the faculty member is physically present in one's office and at a time convenient to students. Office hour periods are to be no shorter than thirty (30) minutes. As required by their professional responsibilities, the faculty member may use some office hour time to attend work-related meetings with administration and faculty.

    2. Faculty members shall keep at least one (1) office hour each day, Monday through Friday, except when the College shall not be in session, and except one of such days in the week may be omitted if the faculty member is not regularly scheduled to teach on such day (provided the foregoing exception shall not be construed to excuse the faculty member from other responsibilities which may occur on such day, including the necessary advance scheduling of appointments with students).

    3. If the faculty member shall be required to be elsewhere on the campus for a prolonged period of time during scheduled office hours, notice thereof shall be posted in a conspicuous manner and place and shall indicate when the faculty member will return. Faculty members shall post a schedule of their office hours at the beginning of each semester and a file copy of the same with the associate dean.

    4. Faculty members who teach at more than one location may hold office hours at the secondary location(s), i.e. the other campus, the education center, an extension site, a clinical setting, or for on-line faculty at home. The office hours held in the faculty member’s primary office shall be reduced by the same percentage as the number of load hours assigned at the secondary site is to fifteen (15), provided that in no event shall the faculty member be able to hold more than four (4) office hours at a secondary location or locations.

    5. If granted release time for responsibilities which require the faculty member to routinely be off campus for the entire work day (8:00 A.M. to 4:30 P.M.), such faculty member shall be exempt from office hours on such day. In addition, the total number of required office hours shall be reduced by the same ratio as the number such released hours is to fifteen (15), provided that in no event shall the faculty member be exempt from more than four (4) office hours.

    6. During winter/summer session, faculty recognize the need to fulfill professional responsibilities to make themselves available outside of class to address questions or concerns of students.

    top ^

    ARTICLE 38
    TUTORING AND OTHER SERVICES

    Faculty members shall accept no remuneration, directly or indirectly for tutoring or supplying services or equipment of any kind to members of their own classes except as specifically contracted or requested by the College. No tutoring, for which a faculty member receives a fee, shall be permitted on the campus of the College of Lake County, nor will any of its facilities or equipment be used for such purpose. Faculty members shall not use their relationship as a teacher or as an employee to solicit business or seek financial enrichment from any student at the College. A faculty member shall not conduct any business on the campus of the College on a continuing basis for financial gain (other than as authorized by or contracted with the Board).

    top ^

    ARTICLE 39
    OUTSIDE COMMITMENTS

    Employment by the College must be regarded as a full-time profession which demands the full interest and energies of a faculty member; therefore, any outside commitment must not interfere with the performance of the regular duties of the faculty member or adversely affect proficiency. Any outside commitment which would conflict with a faculty member's contractual obligations to the College shall be avoided. Within this limitation, faculty members are encouraged to participate in community service and related activities.

    top ^

    SECTION SIX: LEAVES

    ARTICLE 40
    HEALTH AND INJURY LEAVE

    1. Each faculty member shall be entitled to fifteen (15) days of health and injury leave for the first full academic year and fifteen (15) days for each academic year thereafter. Unused health and injury leave days shall accrue to a maximum of 435 days. Faculty members who work less than a full year shall receive health and injury leave on a pro rata basis. Faculty members employed during the summer session shall be entitled to additional health and injury leave as provided in Article 17. Faculty who have accumulated four hundred twenty (420) days or more of health and injury leave at the start of any academic year will be permitted to use the fifteen (15) days of health and injury leave issued at the start of that academic year prior to using previously accumulated sick leave.

      If a faculty member shall have given written notice of retirement no later than January 15th preceding the fiscal year in which the retirement is effective, and at the beginning of the final academic year of service shall have accrued at least one hundred eighty (180) unused health and injury leave days, he/she shall be assured that on the date of retirement, he/she shall have a minimum of one hundred eighty (180) accumulated health and injury leave days irrespective of the number utilized during such final academic year for illness or disability.

    2. Health and Injury Leave is intended for those times when the faculty member is too ill or is prevented by injuries from meeting contractual obligations or where there is a serious illness or death in the immediate family. For purposes of this section, immediate family shall include parents, spouses, domestic partners as defined in this contract, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law and legal guardians; and serious illness shall mean one which threatens or appears to threaten the life of the immediate family member or a medical emergency involving such family member. Health and Injury Leave shall not be applicable to surgical or other procedures which may be postponed without significant medical effect to the summer or holiday or vacation period. An affidavit from the faculty member's physician that such postponement will have a significant medical effect shall be determinative.

    3. A faculty member's cumulative unused Health and Injury Leave days shall be indicated on the first or second salary installment of the academic year.

    4. Absence due either to an injury occasioned by an assault by students or resulting from negligence of the College which occurs while the faculty member is within the scope of employment and is operating in conformance with Board policy shall not be deducted from the faculty member's accumulated Health and Injury Leave. The faculty member shall suffer no loss of salary during such absence, provided the Board is reimbursed the amount of such salary from any salary loss award, judgment, settlement, proceeds of insurance, or other compensation or remuneration which may be received from whatsoever source as consequence of such injury. This paragraph shall cease to apply when the faculty member shall become eligible and begins to receive benefits under the State Universities Retirement System. If the faculty member shall not become eligible for such disability benefits because of the operation of this paragraph, whether because of the accumulation of Health and Injury Leave days or otherwise, this paragraph shall be deemed of no further force of effect, provided the faculty member shall not thereby be deprived of the benefit of all accumulated Health and Injury Leave days prior to commencement of such disability benefits.

    top ^

    ARTICLE 41
    SPECIAL EMERGENCY LEAVE

    A faculty member shall be granted a Special Emergency Leave of Absence with or without pay to cope with emergency situations which require the faculty member's participation which cannot be processed during times when the faculty member is not assigned to classes or other duties. Written application for such leave shall be submitted as soon as circumstances reasonably permit preceded by appropriate advance oral notice of the leave rationale to the faculty member's immediate supervisor. The President or designee may authorize an extension of such leave with or without pay to permit a faculty member to cope with emergencies which require the faculty member's participation. Such leave with pay shall be chargeable against Health and Injury Leave, provided that in any academic year the first three (3) days used as Special Emergency Leave shall not be so chargeable.

    Two days of Special Emergency Leave may be taken per academic year to deal with a circumstance which is less than an emergency, but cannot nevertheless be reasonably concluded on a day or at a time when the faculty member is not required to be on campus. These days shall not be taken during the first week of class o