CDC Contract Language


Date Last Revised:   02/02/00 08:32 AM                                          Date Created:  01/12/98  05:57 PM


APPENDIX II - Career Development Program ( from Master Agreement )

For All Full-Time Employees

PREAMBLE

This process is intended to enhance the natural dedication of individual faculty members and librarians to pursue a vigorous program of continuing professional development subsequent to the probationary period at the College/University. It is structured to aid employees in the development of a positive program of professional growth and career development. So that faculty, librarians and professional staff are fully cognizant of the immediate and longer range institutional, school and department goals and areas of high programmatic need and growth potential, the administration of each College/University will make these known.

Every five years, the individual tenured faculty member/librarian shall engage in an in-depth self-study to determine the manner in which he/she may best advance his/her own professional growth. Participation in this program will not only yield great personal reward but will also serve to satisfy the requirements of N.J.S.A. 18A:60-10. Additionally, participation will secure priority access to funds negotiated for this purpose, as well as any other institutional funds which may be made available. It is further recognized by the parties that a program of genuine career development for the improvement of instruction should be positive in nature and is best achieved in an atmosphere of trust and cooperation.

The career development program is not intended to constitute a replacement for or waiver of rights of any individual accruing under Title 18A of the Revised New Jersey Statutes. No personnel actions involving punitive procedures shall be based on or in any way use the results of the evaluations for the career development program. The employer shall not be prevented from following up leads developed in the career development evaluation process.

The following shall constitute the criteria in priority order for determining the allocation of career development funds:

1. Employees who were assessed and found to have identified areas for improvement.

2. Applications which are consistent with the expressed direction/mission and needs of the College/University and/or to improve instruction.

3. Other criteria as determined by each College/University.

ARTICLE I: ASSESSMENT COMMITTEES

A. The primary responsibilities of the Assessment Committees (AC) shall be the assessment of the individual's professional growth, contributions to the College/ University, teaching effectiveness and the identification of any area(s) for improvement.

B. The AC may be the personnel committee of each department or other appropriate academic unit which constitutes the first level of consideration in the personnel process currently in force at each College/University. Only tenured faculty may serve on AC’s.

C. Assessments shall be based on the following:

1. The Individual Faculty Member Self-Study. On a five-year cycle, the faculty member/librarian will engage in a thorough and in-depth process of self-reflection. The format for the presentation of the results of the process of self reflection should at a minimum include:

a. An assessment of his/her contributions including contributions to the direction/mission of the department, school and College/University over the last five years and his/her intentions for future contributions;

b. An assessment of his/her teaching effectiveness;

c. A statement of his/her own professional objectives and how they might best be achieved;

d. An assessment of professional strengths and/or areas for improvement;

e. What career development assistance is needed.

2. Peer Assessment. If classroom observations are utilized in the assessment process at a College/University, there shall be provision for advance notice of the observation, and a post-evaluation conference. The employee shall have the opportunity to respond to the report of the classroom observation.

3. Student Input. Assessment of teaching effectiveness may also include student input obtained by means of a formal process. The AC shall have access to such data. All student data shall be collected in a regular and systematic fashion and in writing consisistent with existing College/University policy and procedures.

D. Consultation

1. Prior to preparing its report, the AC shall meet with the individual to discuss the assessment. At this meeting the AC may solicit from the individual such additional evidence, information and material as may be deemed relevant and necessary to the AC's deliberations.

2. The AC shall prepare a final report summarizing its findings including recommendations for resources needed for career development and to address any areas for improvement. This report shall be submitted to the individual being assessed. Within five (5) calendar days after the transmission of the report, the individual who is the subject of the report may present a written request to the AC to reconsider its recommendations. In the request, the individual shall state the specific reasons why he or she feels that the recommendation is inappropriate. If the AC grants the individual's request for reconsideration, it will expedite the reconsideration process so as to allow for the overall completion of the assessment process in a timely fashion. The AC shall forward the final report and all supporting documentation to the President or designee thereof with a copy to the individual.

E. The AC report shall be comprehensive and shall include:

1. A review of the individual's professional growth, professional performance and contributions, including contributions to the department and College/ University, primarily during the preceding five (5) years, and the individual's intentions for future professional growth and contributions.

2. An identification of the individual's strengths and teaching effectiveness and identification of areas for improvement, if any.

3. In addition, the AC may prepare a recommended plan for career development tailored to the individual’s needs utilizing the resources available at the College/ University under the Career Development Program. In the event the AC intends to prepare such a recommendation, the AC shall consult with the individual.

F. The individual may forward to the President or his or her designee a written response to the AC report. Any response shall be attached to the report.

ARTICLE II: PROFESSIONAL STAFF ASSESSMENT COMMITTEE

A. A Professional Staff Assessment Committee (PSAC) shall be established at each College/University. The composition of the PSAC shall be determined through discussion between the College/University and the Local UNION.

B. In the event that a member of the professional staff has been granted a multi-year appointment contract, and for whom the President has identified areas in which career development is appropriate, the President shall send a written report specifically describing them to the PSAC, which will then undertake the review described below.

C. The primary responsibility of the PSAC shall be the review of career development needs of members of the professional staff who have been granted multi-year appointment contracts, and for whom the President has identified areas in which career development is appropriate. The PSAC will first submit its written recommendation to the employee. Within five (5) calendar days after the transmission of the report, the individual who is the subject of the report may present a written request to the PSAC to reconsider its recommendation. In the request the individual shall state the specific reasons why he or she feels the recommendation is inappropriate. If the PSAC grants the individual's request for reconsideration, it will expedite the reconsideration process so as to allow for the overall completion of the assessment process in a timely fashion. The PSAC shall transmit a written recommendation including all supporting documentation to the Career Development Committee, with a copy to the College/University President and to the employee, as to the specific career development needs of each member of the professional staff who has been the subject of a review.

D. Prior to preparing its report to the CDC, the PSAC shall meet with the individual to discuss his or her career development needs and to solicit from the individual such additional evidence, information and material as may be deemed relevant and necessary to the PSAC's deliberations.

ARTICLE III: PRESIDENTIAL/DESIGNEE REVIEW

Should the President/designee disagree with any aspect of the AC's report and recommendations, he or she shall confer with the individual and the AC. The President/designee shall then prepare a written statement setting forth the relevant areas of disagreement and the specific grounds therefor. If there are no disagreements, the President/designee shall so state. The President/designee need not respond to any recommended career development program at this point in the process.

ARTICLE IV: CAREER DEVELOPMENT COMMITTEE (CDC)

A. The CDC shall include members of the bargaining unit. The total number of committee members shall be determined by each College/University in conjunction with the Local UNION at the College/University. The number of non-bargaining unit members shall not exceed one-third (1/3) of the overall composition of the Committee, unless otherwise agreed to between the College/University and the Local UNION.

1. At least one (1) member of the CDC shall be appointed by the Administration as its representative.

2. At least one (1) member of the CDC shall be appointed by the Local UNION as its representative.

3. The other bargaining unit members of the CDC shall be elected from among the members of the bargaining unit, provided that bargaining unit candidates must be either tenured or serving under multi-year contracts.

4. No more than one (1) elected member of the CDC shall be elected from any given division, school, or other major academic/administrative subdivision of the College/University.

5. The Local UNION and the College/University administration shall agree to election procedures which shall assure equitable distribution of seats on the CDC among the divisions, schools or other major academic/administrative subdivisions of the College/University.

B. The CDC shall receive and consider the reports of the AC's, the supporting documentation, and the statements of the President/designee concerning all employees being assessed.

C. Employees not undergoing assessment may submit applications to the CDC for Career Development Assistance as well. Such applications shall contain such information as the applicant deems relevant in support of the application.

D. Information

1. The CDC shall prepare recommendations concerning the Career Development Programs and Career Development Assistance to be implemented at the College/University, and from time to time, as needed, will make recommendations for improvements.

2. The CDC shall notify the President of modes of activity contemplated.

3. The President shall provide the CDC with estimates of the costs associated with each contemplated mode of activity and estimates of the costs for participation per individual in each mode. The estimates shall include direct costs but shall not include indirect cost such as, but not limited to, the maintenance of College/ University facilities which may be utilized or heating, lighting or air conditioning.

E. The CDC shall, whenever necessary, consult with Assessment Committees, and individual candidates and applicants concerning their recommendations.

F. The CDC shall annually prepare a report to the President containing its recommendations concerning the allocation of Career Development funds, and such supplemental reports and recommendations as may be necessary. In addition, the CDC shall notify each candidate for assistance in writing of its recommendations concerning that candidate. Copies of all the above material shall be forwarded to the President, together with copies of all materials on which the CDC's report is based. The Local UNION shall receive a copy of the annual report and copies of all relevant materials on which the CDC report is based.

G. Each affected individual shall have the opportunity to respond in writing to the CDC's recommendations. The responses shall be forwarded to the President.

H. The Chairperson of the CDC shall be a member of the negotiating unit who is elected by the CDC.

I. Direct costs of conducting the activities of the CDC, including administrative and secretarial costs, may be chargeable to the funds allocated to the Career Development Program.

ARTICLE V: PRESIDENTIAL REVIEW

A. The President shall review the report(s) of the CDC and may accept, reject, or modify each of its recommendations.

B. In the event the President modifies or rejects any of the CDC's recommendations, the President shall set forth in writing relevant reasons specific to the individual actions and transmit these reasons to the CDC, the affected individual and, where relevant, to the Board of Trustees.

C. Where the implementation of the President's recommendations requires Board action, the President shall present them to the Board of Trustees.

ARTICLE VI: PERSONNEL FILES

All materials generated in the career development assessment process shall be placed in the individual's personnel file.

ARTICLE VII: FAIR AND EQUITABLE APPLICATION OF PROCEDURES

The procedures for conducting the career development assessment and the assignment of career development resources shall be fairly and equitably applied to all employees. Violations shall be grievable under Article VII.B.1 of the Agreement. If an arbitrator determines that a violation has occurred, the remedy shall be to remand the matter to the appropriate level for reconsideration; however, in the alternative, where the arbitrator determines that a violation has occurred, he/she may set aside the assessment and direct that the career development assessment be repeated in its entirety de novo. If the latter remedy is prescribed, the employee shall be considered as part of the next group coming up for assessment, and the records concerning the original assessment shall not be included in the individual's personnel file.

ARTICLE VIII: GENERAL CAREER DEVELOPMENT ASSISTANCE PROGRAM

The general Career Development Assistance Program shall include the following:

A. Tuition Reimbursement

1. When a Career Development leave is approved for the purpose of engaging in specific educational activity, tuition expenses shall be reimbursed at full cost. The limitations set forth in Article XXVIII of the Master Agreement shall not apply. Recommendations for approval for tuition reimbursement may be submitted by the CDC to the President.

2. The general tuition reimbursement program set forth in Article XXVIII of the Master Agreement shall continue except as modified by subparagraph l above.

B. Expenses for travel to professional meetings, conferences, short courses and seminars.

C. Career Development Leaves

1. Career Development Leaves (CDL) may be granted for up to two consecutive academic years.

2. a. CD Leaves not exceeding one-half (˝) year in duration shall be at the rate of three-quarters (3/4) salary.

b. CD Leaves exceeding one-half (˝) year in duration shall be at the rate of half (˝) salary or at the rate of the employee's salary less $7552, whichever is greater. No employee shall receive a rate of less than $l2,594.

3. The provisions of Article XXVII.B.4 through 7 of the Agreement shall apply to CD Leaves.

4. When computing the annual or prorated cost for replacing a faculty member who has been granted a CD Leave, it shall be presumed that one-half (˝) the faculty member's full teaching obligation will be fulfilled through the use of overload assignments and one-half (˝) through the use of a full-time faculty member being compensated at Step One of the Assistant Professor salary range. In the latter case, the per-teaching-credit cost shall be computed by dividing the annual salary rate by 24.

D. Alternate assignments within load for research, study, and participation in other aspects of the Career Development Program. The replacement cost for faculty members shall be computed by use of the formula set forth in paragraph C.4 above.

E. Financial support for the purpose of equipment, travel, or other items necessary for the successful completion of a research project.

F. Seminars, colloquia or other internal programs relating to teaching techniques and methodology or topics relative to the improvement of professional techniques and methodology of other professional employees.

G. Other forms of assistance or programs where circumstances warrant them.

H. There is no requirement that all of the above elements of the Career Development Assistance Program be utilized in any particular year.

I. Funds for professional development may be available from the Federal Government or from various private foundations. The CDC may make recommendations to the President as to how the College/University may seek out such programs and create proposals for submission to the appropriate agency(ies).

ARTICLE IX: SUPPLEMENTAL FUNDING

Nothing in this Appendix shall be construed as preventing a College/ University from supplementing the specific funds available under Article XXI, Subparagraph G where, in the judgment of the College/University, such supplementation would be appropriate; nor shall anything in this Appendix be construed as prohibiting any College/University from exercising its managerial or academic judgment in regard to the utilization of monies or other resources not specifically committed to the funding or support of the Career Development Program outlined in this Appendix.

ARTICLE X: IMPLEMENTATION

A. 1. This Appendix shall apply generally to tenured faculty members and tenured librarians and, where applicable, members of the professional staff who have been granted multi-year contracts.

2. Employees who have not received reappointment conferring tenure or a multi-year contract may apply to the CDC for career development assistance provided that they have received reappointment for the year following their application and provided that they are only eligible for assistance which is compatible with the limited nature of their reappointments.

B. Beginning with the academic year l977-78, and each succeeding year thereafter, one-fifth (1/5) of the tenured faculty of each College/University shall be reviewed by the process described herein, beginning with the most senior fifth in the first year and continuing in order of seniority for each succeeding year. The process shall be repeated beginning in the sixth year of the program (1982-83). No individual shall undergo review who has been on tenure for less than five (5) years, nor shall any person undergo review more than once in each succeeding five (5) year period, except as a part of a follow-up as to employees who need improvement or to determine the effectiveness of the Career Development Program, provided that no individual shall undergo more than one follow-up review in each five (5) year period.



        For more information contact: Dr. Ralph Edelbach, Chair, Career Development Committee

AFT Office, Armstrong Hall, 130    edelbach@tcnj.edu      (609) 771-2783