FT Faculty:

FSA’s PROTECT YOU

AGAINST LAYOFF

In our current uncertain times FT faculty must be especially vigilant, familiarize themselves with our contract’s layoff procedures, and prepare for the worst. Under our contract, layoffs are by seniority within “Faculty Service Areas” (FSA’s). FSA’s are the teaching disciplines or certificated job classifications in which FT faculty are considered competent to work.

“Competence” is defined by the State Chancellor’s Office in a document called “Minimum Qualifications for Faculty and Administrators in California Community Colleges.” Since this document changes on a somewhat regular basis, the key to job security for FT faculty is to establish and frequently update their FSA’s in as many areas as they can properly qualify for. Please note that the FSA provisions apply only to tenured faculty. The Chancellor’s regulations regarding FSA’s can be accessed online at the following website:

http://www.cccco.edu/Portals/4/AA/Minimum%20Qualifications%20Handbook%20for%202010-2012.pdf

The deadline for qualifying under these FSA’s is February 15.

Since obtaining recognition for FSA’s can be a somewhat complex process, it’s important to start early to meet the deadline. The FSA section of the contract is reprinted below in its entirety.

5.7 FACULTY SERVICE AREAS (hereafter referred to as “FSA”): An FSA is defined as a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district for purposes of termination of services either for a reduction in student attendance or reduction or discontinuance of a particular kind of service.

No tenured employee may be terminated while any probationary employee or any other employee with less seniority is retained to render a service in a faculty service area in which the records of the District maintained pursuant to this Agreement reflect that the tenured employee possesses the minimum qualifications prescribed by the Board of Governors and is competent to serve under District competency criteria as defined in Article 5.7 A.

5.7. A. The list of FSAs in the District shall be the same list as the “Minimum Qualifications for Faculty and Administrators in California Community Colleges” as defined by the Board of Governors. A faculty member will be considered "competent" in an FSA if the faculty member satisfies the state minimum qualifications for hire, including the equivalence provision, or holds the appropriate credential, for the discipline of the FSA.

If changes in the “Minimum Qualifications for Faculty and Administrators in California Community Colleges” are made by the Board of Governors, such changes shall automatically apply in this District. Should a change in the list affect a faculty member's FSA assignment, adjustments in the assignment will be made utilizing the methods established in this Agreement.

5.7.B. An employee may petition for recognition of competence in an FSA by using one of the following procedures. It shall be the responsibility of the employee to provide the District with all records necessary to substantiate the claim of competence.

(1) Petition For Recognition of Competence in a new FSA by means of minimum qualifications or credential shall be by the following procedure: The employee shall petition the District for such recognition. The District will review and respond within two weeks.

(2) Petition For Recognition of Competence in an FSA by means of an equivalency shall be by the following procedure: The employee shall submit a Supplemental Application Equivalency Request Form to the appropriate department/discipline for such recognition. Each department/discipline will review submitted requests and determine equivalency status within two weeks by a procedure determined in advance by the department/discipline.

5.7.C. New Faculty: The District shall provide each new faculty employee a list of those faculty service areas for which he or she possesses competence as determined by the employee's records on file with the District within 60 days of hire.

5.7.D. Refusal to grant recognition in a faculty service area is grievable under Article 16, Grievance Procedure.

5.7.E. The last day to apply for recognition of a faculty service area for use in any academic year is February 15th of that academic year.

 

Request for Faculty Service Area (FSA) Procedure

 

Pursuant to Section 5.7.B. of the Agreement between the AFT and the District, a faculty member can petition for recognition of competence in an FSA by means of minimum qualifications or by means of an equivalency. To do so, the faculty member must:

 

1.           Complete a Petition for Faculty Service Area form. (Go to MYVCCCD Faculty Portal and click HR Tools to find form.)

2.           Submit the Petition for Faculty Service Area form to the Director of Human Resources Operations (Director) before the deadline of February 15, 2012.

3.           Attach all supporting documentation.

 

I.               FSA by means of Minimum Qualifications:

 

If the faculty member is deemed qualified for an FSA in the discipline by means of the state minimum qualifications, the Director will respond to the faculty member in writing acknowledging this recognition within 14 days of receipt of the petition.

 

1.           This acknowledgment will become part of the faculty member’s personnel file.

2.           The FSA for the instructor will be logged in the District’s FSA database.

 

If the faculty member is not deemed qualified for the FSA requested by means of the state minimum qualifications, the Director will respond to the faculty member in writing within 14 days of receipt of the petition with the following information:

 

1.           The reason why the faculty member is not qualified.

2.           Inform the faculty member that he/she can petition for recognition of competence in an FSA by means of equivalency.

3.           Inform the faculty member that if he/she wishes to request an equivalency, the faculty member must complete and submit a Supplemental Application for Equivalency Request form to the Director.

 

II.                FSA by means of Equivalency:

 

If the Director receives the Supplemental Application Equivalency Request form from a faculty member, the Director sends the completed form and documentation to the Academic Senate President at the college where the faculty member is assigned. FSA requests by means of equivalency are recommended by discipline based committees at the colleges (local committees).

 

1.           The Academic President is responsible for convening the local committee and ensuring that the equivalency process is followed per Section B.2 of Board Policy 7211 and Administrative Procedure 7211.

2.           Once a committee has made its recommendation, the Academic Senate President routes the completed equivalency forms to the appropriate staff at the college for review and further recommendation. Once all recommendations are documented, the Academic Senate president returns the form to the Director.

3.           The Director routes the request to other appropriate DAC managers responsible for administering and reviewing equivalencies per BP 7211 and AP 7211.

4.           Upon completion of the review, the Director will inform the faculty member in writing of the approval or denial of the request. If the FSA is approved, the FSA for the faculty member will be logged in the District’s FSA database and the acknowledgement will become part of the faculty member’s personnel file.