CCFT Contract 2002-2005

ARTICLE VII

EVALUATION PROCEDURES AND TENURE REVIEW PROCESS

Management of the Evaluation Process

7.1 The Vice President, Dean, or Director manages the evaluation process for faculty, including peer review and administrative components, pursuant to the provisions of this Article. The Division Chair (designee) facilitates the coordination of the peer review process, including self and student components. For the purposes of this Article, the term designee shall mean the faculty designee of the appropriate manager if there is no Division Chair or the designee of the Division Chair. The designee shall be a tenured faculty member within the division if possible. If there is no tenured faculty in the division, the appropriate manager or Division Chair shall appoint a tenured faculty member from another division. The philosophy that guides the evaluation and granting of tenure for contract (probationary) faculty and for the evaluation of full-time temporary faculty is contained in Board Policy 3095: Tenure Policy for Academic Personnel.

Calendar for Evaluation - Tenured and Temporary Faculty

7.2 Tenured faculty shall be evaluated pursuant to paragraphs 7.2 through 7.12 inclusive, at least once every three academic years. Temporary faculty shall be evaluated as set forth in paragraphs 7.2 through 7.7, inclusive (and may be evaluated as set forth in paragraphs 7.8 through 7.12, inclusive), at least once each semester during the first two semesters of service. Temporary faculty who have two or more semesters' service will be evaluated at least once every three years. Full-time temporary faculty shall be evaluated at least once during each semester of service.

7.2.1 The District shall compile a list of faculty members to be evaluated during the current academic year.

7.2.2 The evaluation of faculty members who are scheduled for an evaluation during a given academic year shall be conducted in either the Fall or Spring semester of that year as determined by the appropriate manager.

7.2.3 The final evaluation report with accompanying documents shall be reviewed by the evaluator and the faculty member prior to the beginning of the winter recess for Fall semester evaluations, or May 15 for Spring semester evaluations.

7.2.4 The completed evaluation shall be forwarded to the Human Resources Office and shall include:

·  The manager's evaluation.

·  A summary of the post-evaluation conference and a listing of the improvement goals and objectives that have been identified for the next period of service;

·  Copies of peer and student evaluations and accompanying documents;

·  The self-evaluation.

·  A written statement of response from the faculty member, if the statement is submitted within 10 days of receipt of the completed management evaluation.

7.2.5 The evaluation process for the academic year (semester for temporary faculty) is considered complete unless the overall evaluation rating is needs improvement or unsatisfactory, the peer review committee desires to continue the peer review process, or a procedural deficiency is noted by the appropriate manager.

Peer Review Process

7.3 The peer review process is comprised of two operating modes, standard peer review and expanded peer review. The standard mode shall be utilized following the awarding of tenure for regular faculty and following the second evaluation of temporary faculty, except as set forth in paragraph 7.12.1. The expanded mode shall be utilized during the first two evaluations for temporary faculty and when requested by the Division Chair (designee). The peer review mode which is utilized during the tenure process is set forth in paragraph 7.14, inclusive.

7.3.1 The peer review committee chair shall be designated by the Division Chair (designee). For tenured faculty, peer review committee members shall be tenured faculty who are appointed from within the subject area. If committee positions cannot be filled from within the subject area, appointments should be from within the division. If there is no tenured faculty in the subject area or division, tenured faculty from another division shall be utilized. For temporary faculty, contract (probationary) faculty from within the division may be utilized.

7.3.2 The standard peer review structure is comprised of one regular faculty member who is selected by mutual agreement between the Division Chair (designee) and the faculty member who is being evaluated. The Division Chair (designee) may serve in this capacity.

7.3.3 The expanded peer review committee is composed of two regular faculty members. The first member is selected by the Division Chair (designee). The first member may be the Division Chair (designee) if agreeable with the faculty member who is being evaluated. The second member is selected by mutual agreement between the Division Chair (designee) and the faculty member who is being evaluated.

7.4 The committee chair is responsible for implementation of all components of the peer review process. Items to be addressed in the pre-conference should include:

·  Identification of objectives, structure of teaching assignment or services to be provided, syllabus, recency in the discipline, updated course outlines, measures of student success/attrition, and ability to work successfully with others.

·  Review of District-wide performance requirements such as committee participation, professional activities, and leadership experiences.

·  Selection by the person to be evaluated of one of the following peer review observation patterns: (a) schedule a specific hour or hours for the peer review visitation, or (b) schedule a one-week period for "drop in" visits.

·  Review of the available peer, self, and student evaluation instruments, which include: (a) Peer Observation of Instruction, (b) Faculty Self-Evaluation, (c) Student Evaluation of Instructors, (d) Evaluation of Distance Education Faculty (Student Form), (e) Evaluation of Librarian (Student Form), (f) Evaluation of Counselors (Student Form), (g) Evaluation of Disabled Student Programs Specialist (Student Form), (h) Evaluation of Student Health Services (Student Form), (i) Evaluation of Children's Center (Student Form).

·  Selection by the person being evaluated of one of the peer/student evaluation instruments as listed above.

·  A schedule of follow-up meetings and/or the post evaluation conference times.

7.5 The time and the date of the actual peer review evaluation visit or visits will be scheduled by the committee chair following the pre-evaluation conference. Each member of the peer review committee will visit a different class section or service area function. The visitation period will be at least 50 minutes.

7.6 Student evaluations of teaching faculty in the standard peer review mode will be completed in one class section unless the committee chair determines that student evaluations will be completed in two class sections. Student evaluations of teaching faculty in the expanded peer review mode will be completed on the two class sections (two class sections per semester for contract faculty) mutually agreed to by the faculty member and the peer review committee.

7.6.1 Student evaluations will not be administered during the 50-minute peer review visitation period.

7.7 The post-evaluation conference shall communicate the peer review committee's assessment and evaluation of the faculty member who is being evaluated. The faculty member who is being evaluated shall be provided a copy of the peer review committee's written evaluation.

7.7.1 The completed written evaluation will be transmitted, along with the self-evaluation and student evaluations, to the appropriate manager for use in the management evaluation process. Individual peer review committee member evaluations will not be forwarded. The committee's evaluation of a temporary faculty member shall be transmitted to the appropriate manager for review and follow-up if necessary.

7.7.2 The faculty member may attach written comments to the peer review committee's evaluation.

Management Evaluation Component

7.8 Management evaluations shall be conducted for regular faculty in the evaluation cycle for the academic year (semester for temporary faculty) and shall include the results of the peer review committee process when the results are submitted by the end of the 13th week of the semester.

7.8.1 Any unremediated elements of previous evaluations must be cited by the manager in completing the management evaluation process.

7.8.2 Management evaluation of temporary faculty will be conducted as deemed necessary by the District, as set forth in paragraph 7.2 inclusive. Full-time temporary faculty shall be subject to management evaluation each semester. 7.8.3 The composition of the management evaluation team shall be determined by the District.

7.9 The appropriate manager shall schedule the pre-evaluation conference. Areas to be addressed in the pre-conference include:

7.9.1 For teaching faculty: (a) Job performance related to classroom instruction, including subject matter competence, course content, and subject matter presentation. (b) Job performance in lab, activity, clinical, or studio instruction, including subject matter and skills competence. (c) Responsibilities to students. (d) Responsibilities to discipline and division or service area. (e) Plan for or progress toward improvement (when applicable).

7.9.2 For non-teaching faculty: Those items covered in the duties and responsibilities for the position set forth in the job description and on the evaluation form (Section III), as well as items (c), (d), and (e) of paragraph 7.9.1.

7.10 The time and date of the observation visit will be scheduled by the appropriate manager following the pre-evaluation conference. The manager and faculty member will attempt to reach mutual agreement as to the date. If there is no agreement, the faculty member will receive notification at least one week in advance of the visitation date.

7.11 The post-evaluation conference will consist of reviewing the peer review committee evaluation, student evaluations, the self-evaluation, the manager's findings based upon paragraphs 7.9.1 or 7.9.2, the manager's assessment of student success, and the establishment of goals to improve performance (when applicable). The completed management evaluation form shall be signed by the faculty member who is being evaluated and by the appropriate manager.

Evaluation Review and Follow-up

7.12 Two circumstances may cause the initiation of an evaluation review and follow-up. The first would be because of a "needs improvement" or "unsatisfactory" evaluation rating on one or more sections of the evaluation. The second would be a manager-initiated evaluation when deemed necessary.

7.12.1 If a faculty member's final evaluation report contains one or more section ratings of needs improvement or unsatisfactory performance, the appropriate manager, following consultation with the peer review committee chair, shall meet with the faculty member to clarify problem areas and to establish procedures and time lines for resolution. In addition, the appropriate Vice President will be informed.

7.12.1.1 An evaluation of the progress being made by the faculty member to resolve the areas of needs improvement or unsatisfactory performance shall be conducted by the peer review committee and the appropriate manager in each subsequent semester. In the case of an evaluation where the needs improvement or unsatisfactory rating was for the section on the evaluation form entitled "Responsibilities to Discipline and Division Service Area" only, the evaluation cycle may be limited to that section alone.

7.12.1.2 A complete evaluation cycle (including peer, student and management components) will be utilized until it is determined that satisfactory resolution has been achieved or an action pursuant to Education Code section 87660 et seq. and/or section 87730 et seq. is instituted.

7.12.2 Nothing in this Article precludes the responsible managers from initiating a complete evaluation cycle at times other than as stated and as frequently as deemed necessary, as long as the appropriate procedures of this Article are followed.

7.12.2.1 If an off-cycle evaluation is initiated for a reason other than as provided in paragraph 7.12.1, inclusive, the faculty member shall be informed in writing of the reason or reasons which shall not be arbitrary or capricious.

7.12.2.2 For teaching faculty, the off-cycle evaluation shall include at least three classroom visitations.

7.12.3 An off-cycle evaluation for temporary and contract faculty shall utilize a three member peer review team. The Peer Review team for temporary and contact faculty will be selected in the following manner. The first member will be selected by the Division Chair (designee). The second will be selected by the faculty member who is being evaluated. The third member will be selected by mutual agreement of the Division Chair (designee) and the faculty member who is being evaluated.

7.12.4 An off-cycle evaluation Peer Review team for tenure track faculty will be the Division Tenure Committee and the third member will be selected by mutual agreement of the Division Chair (designee) and the faculty member who is being evaluated.

Evaluation of Reassigned Time Functions

7.13 The appropriate Dean of Instruction manages and coordinates the evaluation of that portion of a faculty member's assignment which is designated as reassigned time in the position of Division Chair, Division Coordinator or North County Coordinator. The appropriate Director manages and coordinates the evaluation of that portion of a faculty member's assignment which is designated as reassigned time in the position of Assistant Director. The evaluation of a faculty member's reassigned time functions is separate from the evaluation of the faculty member's teaching or service duties.

7.13.1 Evaluations of four-year positions shall be conducted during the second and fifth semesters of the term of office. Evaluations of two-year positions shall be conducted during the second semester of the first year of the term.

7.13.2 The evaluation team for each position shall be composed as follows:

7.13.2.1 For Division Chair, the team shall consist of the appropriate Dean, who shall serve as chair, Vice President of Instruction, one full-time tenured faculty member of the division, and one classified staff member of the division.

7.13.2.2 For North County Coordinator, the team shall consist of the Division Chair, who shall serve as chair, the Vice President of Instruction or designee, the Executive Dean of the North County Campus (for North County Campus Coordinators), and a full-time tenured faculty member of the division.

7.13.2.3 For Assistant Director, the team shall consist of the Director, who shall serve as chair, the appropriate Vice President or designee, and a full-time tenured faculty member of the division.

7.13.2.4 The faculty member shall be designated by the full-time faculty of the division. If there is no full-time tenured faculty member in the division, the Dean (Director) shall appoint a full-time tenured faculty member from another division.

7.13.3 The evaluation shall be made on the basis of the areas set forth on the evaluation form for the respective position, a self-evaluation, as well as the following:

7.13.3.1 For Division Chair, evaluations submitted by regular and temporary faculty members of the division, evaluations submitted by classified staff members of the division, an administrative evaluation made by the Dean, and an evaluation made by the Vice President of Instruction.

7.13.3.2 For North County Coordinator, evaluations submitted by regular and temporary faculty who work in the area under the supervision of the Coordinator, an evaluation made by the Director or Division Chair, and an administrative evaluation made by the Vice President or designee and the Executive Dean of the North County Campus (for the North County Campus Coordinator).

7.13.3.3 For Assistant Director, evaluations submitted by regular and temporary faculty who work in the area under the supervision of the Assistant Director, an administrative evaluation made by the Director, and an administrative evaluation made by the Vice President or designee.

7.13.4 The post-evaluation conference will review the items referenced in paragraph 7.13.3 inclusive including commendatory statements and any concerns and/or problem areas that have been identified. In addition, there will be a discussion of suggestions for improving problem areas (if any), objectives for the next one or two years (as applicable) in the areas of professional development, management of the division or department (as outlined in the position description), leadership in program development, and areas in which suggestions for improvement have been noted.

7.13.4.1 The Dean (Director) shall prepare a written summary and evaluation following the post-evaluation conference. The evaluation shall include major items discussed, conclusions reached, and objectives established. A minority report may be submitted. Each member of the evaluation team shall sign either the final evaluation or the minority report. The Division Chair, Division Coordinator, North County Coordinator, or Assistant Director shall sign the evaluation and may submit a response.

7.13.4.2 If the evaluation report contains one or more ratings of needs improvement or unsatisfactory performance, the Division Chair, Division Coordinator, North County Coordinator, or Assistant Director shall meet with the Dean (Director) and Vice President of Instruction to develop a plan for resolution. The evaluation cycle will be repeated in the following semester.

7.13.4.3 If, as a result of the subsequent evaluation, the conclusion of the evaluation team is that the needs improvement or unsatisfactory performance has not been resolved, a Division Chair shall be relieved of the position at the end of the current academic year. A Division Coordinator, North County Coordinator, or Assistant Director shall be relieved of the position at the end of the semester of service.

Tenure Review Process

7.14 The tenure review process includes a performance evaluation component (self-evaluation, the peer evaluation, student evaluations, the manager evaluation, and a self-maintained file) and a review/recommendation component. The peer review process is described in paragraphs 7.3 through 7.7. The management evaluation shall include the results of the peer review committee process. The review/recommendation component is conducted by a Joint Tenure Review Committee ("JTRC"). The JTRC consists of two elements, the Division Tenure Committee ("DTC") and the Institutional Tenure Review Committee ("ITRC").

7.14.1 The DTC functions as the peer review committee in the evaluation of the contract faculty member who is being considered for tenure and makes appropriate recommendations to the ITRC or the JTRC.

7.14.1.1 The DTC shall consist of two faculty members. The first member is appointed by the Division Chair (or the appropriate manager, if there is no Chair). The second member is appointed by the contract faculty member after consultation with the Division Chair (manager) and the first member. (If the Division Chair is a contract faculty member, the first member is appointed by the Academic Senate President (designee) following consultation with the division faculty.)

7.14.1.2 DTC members shall be tenured faculty unless the contract faculty member, the Division Chair, and the chair of the ITRC mutually agree to the appointment of a contract faculty member.

7.14.1.3 A vacancy on the DTC shall be filled on the same basis as the initial appointment of the DTC member who vacated the position. Except as set forth in paragraph 7.14.1.4, DTC members shall serve for the entire tenure review process.

7.14.1.4 The contract faculty member may appoint a replacement for the second member of the DTC in the second or third contract year (but not both). The appointment must be made prior to October 1 of the second or third contract year. The Division Chair and the Vice President of Instruction shall be informed of the replacement in writing not later than October 1 of the year in which the replacement is appointed.

7.14.1.5 Decisions and recommendations of the DTC shall be determined by mutual agreement of the members. If there is no mutual agreement, the tiebreaker shall be the Division Chair. If there is no mutual agreement and the Division Chair is a DTC member, the tiebreaker shall be a tenured faculty member who is chosen by majority vote of the division's tenured faculty.

7.14.1.6 The DTC may recommend that a contract faculty member be considered for early tenure as provided by paragraphs 7.17.1(a) or 7.18.2(a). In order to receive consideration, each of the criteria of this paragraph must be satisfied.

·  The contract faculty member must have been tenured at another College or University or must have eight years (16 semesters) of service as a temporary faculty member in the District.

·  The contract faculty member must have a history of overall "excellent" ratings on the peer evaluations in the District.

·  The contract faculty member's most current peer evaluation must have an overall evaluation rating of "excellent."

·  The current student evaluations must be above the division mean

7.14.2 The ITRC functions as a reviewing body during the contract faculty member's first, second, and third contract years when the DTC recommends that the District enter into a second or third contract or that the District grants tenure at the end of the third contract as provided in Education Code sections 87608 and 87608.5.

7.14.2.1 The ITRC shall consist of five members who are appointed on a college-wide basis. Three of the members are tenured faculty appointed by the Academic Senate President, but shall not be from the same division. Two of the members are management employees appointed by the Superintendent/ President. The Academic Senate President may serve as an ITRC member. The ITRC chair shall be designated by the Academic Senate President following consultation with the Superintendent/President

7.14.2.2 ITRC members shall serve staggered three-year terms. The ITRC chair may serve an additional year in an ex-officio capacity. A vacancy on the ITRC shall be filled on the same basis as the initial appointment of the ITRC member who vacated the position

7.14.2.3 Decisions and recommendations of the ITRC shall be determined by majority vote, although consensus is desirable. If a decision and recommendation made by the ITRC is contrary to the recommendation of the DTC, the matter shall be forwarded to the JTRC for resolution.

7.14.2.4 A vacancy may occur on the Institutional Tenure Committee when a person is unable to serve. A vacancy also occurs when an ITRC member is identified as having both an appointment on the ITRC and on the DTC of a contract faculty member. The Academic Senate President will fill a faculty vacancy or vacancies by appointing regular faculty member(s) or him/herself a specified in the District-CCFT Agreement, section 7.14.2.2 to serve as substitute(s) as needed on the ITRC. The Superintendent/President will fill a management vacancy or vacancies by appointing management member(s) as specified in the District-CCFT Agreement, section 7.14.2.1 to serve as a substitute(s) as needed on the ITRC.

7.14.3.1 Consistent with the provisions of this Article, the JTRC chair is responsible for coordination and communication with each DTC chair, establishing the agenda and conducting JTRC meetings, and communicating JTRC recommendations.

7.14.3 The JTRC functions as a dispute resolution forum if there is no agreement between the DTC and the ITRC regarding a DTC recommendation that the District enter into a contract faculty member's second or third contract or a DTC recommendation that the District employ a contract faculty member as a regular (tenured) faculty member for all subsequent academic years, as provided in Education Code sections 87608 and 87608.5. The JTRC also acts as a reviewing body during the contract faculty member's first contract and second contract if the DTC recommends that the District not enter into a second or third contract. Finally, the JTRC is responsible for making a recommendation during the period of the third contract that the District, pursuant to Education Code section 87609, either grant tenure or terminate the contract faculty member. The ITRC chair shall chair the JTRC.

7.14.3.1 Consistent with the provisions of this Article, the JTRC chair is responsible for coordination and communication with each DTC chair, establishing the agenda and conducting JTRC meetings, and communicating JTRC recommendations.

7.14.3.2 Decisions and recommendations made by the JTRC shall be determined by majority vote, although consensus is desirable. If a JTRC vote ends in a tie and the deadlock cannot be broken, a majority vote of the DTC shall break the tie and shall constitute the final decision and recommendation of the JTRC.

Calendar for Evaluation - Contract (Probationary) Faculty

7.15 Contract faculty are employed by the District pursuant to Education Code sections 87605, 87608(b), or 87608.5(b); first and second contracts are for a period of one academic year; a third contract is for a period of two academic years. Each contract faculty member who is being considered for tenure shall be evaluated on the following schedule:

7.15.1 Appointments to the contract faculty member's DTC should be made by the fourth-week of the first semester of employment.

7.15.2 The class sections, service area, or service function to be evaluated should be designated by the sixth-week of the first semester of employment.

7.15.3 The preliminary semester evaluation (including peer, student, and management components) is conducted by the DTC between the appointment of the DTC and the 14th week of instruction. By the end of the 10th week of instruction, contract faculty member's self-maintained file shall be submitted to the DTC. Prior to the end of the 14th week of instruction, the preliminary semester evaluation should be completed and submitted to the contract faculty member for review and comment.

7.15.4 Within the two calendar-week period (no later than the end of the 16th week of instruction) following the submission of the DTC's preliminary evaluation, the contract faculty member may respond to the DTC chair. The response may include a request for additions, deletions, or both.

7.15.5 Within one calendar week of the contract faculty member's response to the DTC Chair (and no later than the end of the 17th week of instruction), the DTC shall submit a final evaluation for the semester with a recommendation to the ITRC or JTRC, as applicable. The ITRC or JTRC should make a decision regarding the DTC's recommendation by the end of the semester of submission of the DTC's final evaluation and recommendation.

7.15.6 The final evaluation of each contract faculty member, including the recommendation from the ITRC or JTRC shall be transmitted to the Superintendent/President for presentation to the Board of Trustees.

7.15.7 If the recommendation of the ITRC or JTRC is that the District not enter into a subsequent contract as provided by Education Code sections 87608, 87608.5, or 87609, the Board of Trustees shall make a final determination regarding the recommendation prior to March 15 of the academic year.

7.15.8 Evaluations and recommendations regarding contract faculty shall be forwarded to the Human Resources Office on the same basis as evaluations of other faculty.

7.15.9 When a contract faculty member first renders instruction or service in the Spring semester of the academic year, the evaluation process shall include the appointment of the DTC for the employee as provided in paragraph 7.14, inclusive and implementation of the procedures in paragraphs 7.16 and 7.17, inclusive, "Evaluation Procedures - First Contract," as modified:

7.15.9.1 The DTC (peer) evaluation, student evaluations, and management evaluation for the semester shall be placed in the personnel file;

7.15.9.2 In the Fall semester following evaluation, the procedures of paragraph 7.18 inclusive shall be fully implemented. In addition to the four basic elements (paragraph 7.16 inclusive), the DTC shall consider the student evaluations from the prior Spring semester before it makes "a recommendation regarding future employment" as provided by paragraph 7.18.2.

Evaluation Procedures - First Contract

7.16 The evaluation of a contract faculty member for the period of the first contract shall consider five elements: a peer evaluation, student evaluation, management evaluation, a self-evaluation, and a self-maintained file provided by the contract faculty member.

7.16.1 The peer evaluation shall be conducted in accordance with the provisions of paragraphs 7.4, 7.5, and 7.6, inclusive. Scheduling the pre-evaluation conference, the evaluation visits, and any follow-up meeting shall be the responsibility of the DTC. Each member of the DTC must observe the contract faculty member on the same basis as set forth in paragraph 7.5.

7.16.1.1 For teaching faculty, two different courses shall be selected for evaluation visits except when only one course is taught. The contract faculty member and the DTC shall mutually agree on the courses to be visited and which specific class meetings will be observed.

7.16.1.1.1 Specific class meetings to be observed shall be in different sections and different courses if possible. When only one course is taught, at least two separate class sections shall be observed.

7.16.1.1.2 If there is no mutual agreement, the contract faculty member and the DTC shall each select one course to be visited and/or specific class meeting to be observed.

7.16.1.2 For non-teaching faculty, the time, place, and manner of observation of the service or services to be evaluated shall be mutually agreed to by the contract faculty member and the DTC at least two observations of services shall be conducted.

7.16.2 Student evaluations shall be conducted in accordance with the provisions of paragraphs 7.6 and 7.6.1 inclusive.

7.16.3 The management evaluation shall be conducted in accordance with the provisions of paragraphs 7.8 through 7.11, inclusive.

7.16.4 The DTC will consider the following information to be provided by the contract faculty member:

·  A current, detailed resume, including education, professional employment history, professional activities, campus activities and responsibilities (including committee assignments or college governance participation), awards and honors, and community activities;

·  A self-evaluation;

·  A self-maintained file, including documentation the contract faculty member deems appropriate (e.g., course syllabi, instructional materials, I.E.P.s, summaries of student evaluations, papers delivered at professional conferences, published papers, committee reports to which the contract faculty member contributed, and, when requested by the DTC, graded student papers;

·  Optional letters of recommendation (no more than five). Letters of recommendation must be confidential and must be sent directly to the Human Resources Office by the author; and,

·  Other information. If the contract faculty member wishes to gather supporting information from outside the District (other than as set forth in this paragraph), prior approval must be obtained from the JTRC.

7.17 The DTC shall consider each element of the evaluation set forth in paragraph 7.16 inclusive, and shall issue an overall evaluation for the semester and a recommendation regarding future employment.

7.17.1 The DTC recommendation is restricted to one of three options: (a) that the District grant tenure to the contract faculty member, (b) that the District offer the contract faculty member employment under a second contract, or (c) that the District not offer the contract faculty member employment for the subsequent academic year.

7.17.1.1 If the DTC recommends option (a) or (c) and if the ITRC agreement is unanimous, the recommendation shall be forwarded to the Superintendent/President for presentation to the Board of Trustees for action as required by Education Code section 87608.

7.17.1.2 If the DTC recommends option (b), the recommendation shall be forwarded to the ITRC for a vote. Following the ITRC vote (or JTRC vote if the DTC and ITRC disagree), the recommendation shall be transmitted to the Superintendent/President for presentation to the Board of Trustees for action as required by Education Code sections 87608 and 87610(a).

7.17.2 Student evaluations will be conducted in the Spring semester on the same basis as during the Fall semester. Spring semester student evaluations will be considered by the DTC during the Fall semester of the second contract evaluation process.

Evaluation Procedures - Second Contract

7.18 The evaluation of a contract faculty member who has been granted a second contract shall consider five to six elements: a peer evaluation, student evaluations (including the prior Spring semester evaluations), the management evaluation, a self-maintained file provided by the contract faculty member, a self-evaluation, and whether problems that were identified or areas that were rated as needs improvement or unsatisfactory in prior evaluations have been addressed and resolved by the contract faculty member. In addition, the evaluation will identify, if necessary, problems which arose subsequent to the evaluations in the first contract period.

7.18.1 The provisions of paragraphs 7.16.1 through 7.16.4.2 and paragraph 7.17, inclusive, shall apply to each evaluation made during the period of the second contract. The provisions of paragraphs 7.18.2 through 7.18.3 complete the evaluation process for the second contract.

7.18.2 The DTC recommendation is restricted to one of three options: (a) that the District grant tenure to the contract faculty member, (b) that the District offer the contract faculty member employment under a third contract, or (c) that the District not offer the contract faculty member employment for the subsequent academic year.

7.18.2.1 If the DTC recommends option (a) or (c) and if the ITRC agreement is unanimous, the recommendation shall be forwarded to the chair of the JTRC for transmittal to the Superintendent/President and presentation to the Board of Trustees for action as required by Education Code sections 87608.5 and 87610(a).

7.18.2.2 If the DTC recommends option (b), the recommendation shall be forwarded to the ITRC for a vote. Following the ITRC vote (or JTRC vote if the DTC and ITRC disagree), the recommendation shall be transmitted to the Superintendent/President for presentation to the Board of Trustees for action as required by Education Code sections 87608.5 and 87610(a).

7.18.3 Student evaluations will be conducted in the Spring semester on the same basis as during the Fall semester. Spring semester student evaluations will be considered by the DTC and the JTRC during the third contract evaluation process.

Evaluation Procedures - Third Contract

7.19 The evaluation of a contract faculty member who has been granted a third contract shall consider five to six elements: a peer evaluation, student evaluations (including prior Fall student evaluations and the student evaluations from the Spring semesters of the second and third contracts), management evaluations, a self-maintained file provided by the contract faculty member, a self-evaluation, and whether problems that were identified or areas that were rated as needs improvement or unsatisfactory in prior evaluations have been addressed and resolved by the contract faculty member. In addition, the evaluation will identify, if necessary, problems which arose subsequent to the evaluations in the second contract period. The procedures contained in paragraphs 7.16.1 through 7.16.4 shall apply to each evaluation made during the period of the third contract. The provisions of paragraph 7.20, inclusive, complete the evaluation process for the third contract.

7.20 Following receipt of evaluation information and materials provided by the DTC. the JTRC shall assume the responsibility of the DTC and shall consider each element of the evaluation set forth in paragraph 7.19 and shall issue an overall evaluation for each Fall semester.

7.20.1 For the Fall semester evaluation in the first year of the third contract, no recommendation will be made with regard to a contract faculty member's future employment with the District. The Spring semester student evaluation in the first year of the third contract will be conducted on the same basis as the Spring semester student evaluations made during the first and second contracts.

7.20.2 The JTRC shall attach a recommendation to the evaluation for the Fall semester of the second year of the third contract. The JTRC shall recommend one of two options: (a) that the District offer the contract faculty member employment as a tenured employee, or, (b) that the District not grant tenure to the contract faculty member. There will be no student evaluation for the Spring semester of the second year of the third contract.

7.20.3 If the ITRC does not support the recommendation of the DTC, the JTRC will be formed to make a recommendation to the Superintendent/President for presentation to the Board of Trustees. However, if there is concurrence between the ITRC and the DTC and manager recommendations, the ITRC recommendation shall be transmitted to the Superintendent/ President for presentation to the Board of Trustees for action as required by Education Code sections 87609 and 87610(b).

General Provisions

7.21 While a grievance may be filed alleging a violation of the procedural steps of this Article (except the steps contained in paragraphs 7.3 through 7.7, inclusive), except as set forth in this paragraph no grievance may be filed or considered regarding the contents of a written evaluation. There is one exception to the limitation on filing a grievance regarding the contents of an evaluation as follows:

·  The instance in which a grievance may be filed pursuant to the first sentence of Education Code section 87610.1(b).

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