Article XXXII - Public Charges

Article I - Agreement
Article II - Recognition
Article III - Definitions
Article IV - Negotiation Procedures
Article V - Non-Discrimination
Article VI - Association Rights
Article VII - Academic Freedom
Article VIII - Professional Dues or Fee & Payroll Deductions
Article IX - Grievance Procedure
Article X - Leaves
Article XI - Employee Rights
Article XII - Working Conditions
Article XIII - Personnel Files
Article XIV - College Calendar
Article XV - Holidays
Article XVI - Appointment of Faculty
Article XVII - Unit Vacancies
Article XVIII - Reassignments
Article XIX - Evaluation of Faculty
Article XX - Due Process
Article XXI - Reduction in Force
Article XXII - Workload
Article XXIII - Salary
Article XXIV - Reduced Workload
Article XXV - Other Duty and Compensation
Article XXVI - Additional Duty Assignment
Article XXVII - Employee Benefits
Article XXVIII - Travel
Article XXIX - Department Chairperson
Article XXX - Retiree Benefits
Article XXXI - Miscellaneous
Article XXXII - Public Charges
Article XXXIII - Unit Stability
Article XXXIV - Statutory Changes
Article XXXV - Savings Clause
Article XXXVI - District Rights
Article XXXVII - No Strike, No Lockout
Article XXXVIII - Completion of Meet and Negotiation
Article XXXIX - Faculty Service Areas
Appendix A - Faculty Salary Schedules
Appendix B - Co-Curricular Activities
Appendix C - Advising, Counselor/Librarian Hours & Stipends
Appendix D - Side Letter - Access to Personnel File
Appendix E - Criteria for Academic Reduction in Force
Appendix F - Family Care Leave
Appendix G - Lecture Equivalancy Hours - Athletics
Appendix H - Retiree Fringe Benefit
Appendix I - Approved Academic Calendar
Exhibit 1 - Non-Contractual Memorandums of Understanding

32.1	It shall be the policy of the District to afford students, parents and other members of the community with an opportunity to present concerns involving College personnel.

32.2	The District places trust in College employees and desires to support their actions in such a manner that faculty are free from unnecessary or spiteful criticism and complaints. Constructive criticism of the College is welcome when it is motivated by a sincere desire to improve the quality of the educational program and to equip the College to perform its task more effectively.

32.3	Complaints shall be processed as follows:

	32.3.1	Complaints charging discrimination on the basis of race, sex, color, religion, national origin, age, disability or Disabled Veteran status or of sexual harassment should be referred to the appropriate Affirmative Action procedure.

	32.3.2	Students presenting complaints should follow the process as outlined in the Student Handbook for the appropriate student grievance procedure. It is understood that nothing contained in this student grievance procedure shall deprive any faculty member of the right to due process and just cause under this Agreement and applicable state law.

	32.3.3	Complainants should first attempt to resolve a complaint informally with the involved faculty member.

	32.3.4	In the absence of informal resolution of a complaint, the complainant shall direct the complaint to the faculty member’s immediate supervisor who shall process the complaint as follows:

		32.3.4.1	The immediate supervisor shall notify an involved faculty member of any public complaint which may form the basis of a negative evaluation within a reasonable period of time following its receipt. Such complaint must be presented in writing and identify the name of the complainant and the date of the complaint.

		32.3.4.2	The immediate supervisor shall investigate the complaint, providing both parties every opportunity for explanation, comment, and presentation of facts as a basis for assessment and possible resolution.

	32.3.5	If necessary, the complainant of the involved faculty member may request review of the immediate supervisor’s assessment and possible resolutions of the complaint by the President (or designee). The President may respond based on a review of the existing record or, at his/her discretion, request additional evidence. Such additional evidence may include scheduling a meeting with the complainant and the involved faculty member for the purpose of obtaining supplemental facts and clarifying issues.

	32.3.6	The Board may review any citizen complaint in Closed Session.

	32.3.7	If any complaint is appealed, the faculty member will have the right to Association representation at any meeting concerning the appeal.

	32.3.8	No complaint shall be entered into the faculty member’s personnel file unless the faculty member has been given a copy of the complaint and backup material placed in the file, the right to review the complaint and material on duty time, and the right to submit a written response which will be attached to the complaint.

	32.3.9	Complaints which are withdrawn or found to be false pursuant to this procedure shall not be utilized in any evaluation or disciplinary action against the faculty member.


Gavilan College, 5055 Santa Teresa Blvd. Gilroy CA 95020 (408) 848-4888		This page was last updated April 6, 2008.