ARTICLE 9:  CALENDAR

9.1          Academic Year/Final Examinations

The academic year for credit classes shall consist of two (2) semesters of a maximum of seventeen and one-half (17 1/2) work weeks each.  The days of the academic year shall be one hundred seventy-five (175).  Sundays and holidays shall not be counted as days of the academic year.  No more than fourteen days in any academic year shall be devoted to final examinations.  All final examinations shall be given during that period, except in those courses extending beyond the regular semester as specified in 8.21.  If no final examination is given, other class activities shall be held during the period scheduled for the final examination.  The hours assigned for final examinations shall not exceed the hours per week for the scheduled course unless otherwise requested by the instructor.

9.1.1       Commencement.  Commencement shall be held during the spring final examination period and 50% of the permanent permanent/probationary unit members who are not assigned to other duties shall attend and participate in commencement exercises of two hours duration.  The District will designate permanent/probationary unit members beyond volunteers who must attend, however, no permanent/ probationary unit member shall be required to attend two consecutive commencement exercises.  Failure to attend an assigned commencement exercise shall constitute an absence (failure to report said absence shall make the employee subject to the provisions of Article 24 of the CBA).

9.1.2       Final Examination Format.  Courses which utilize formats other than traditional lectures may include performance/demonstrations held during final examination period in lieu of traditional classroom exams on an hour-for-hour basis.

9.1.3       Final Examination Location.  Unit members holding final examinations in locations other than those scheduled, shall give written prior notification to their immediate supervisor five (5) working days prior to the scheduled final exam time.

9.2          Academic Calendar

The academic calendar year shall be in conformance with the calendar established by the Marin Community College District.  It is the expressed intent of the District and of UPM to accept the results of a joint committee on the calendar.

9.3          Calendar Committee

The Calendar Committee composed of four (4) members, two (2) appointed by UPM and two (2) appointed by the District, shall submit a calendar proposal for the following academic year (including the designated staff development (flex) days) and for intersession by November 1 for ratification by UPM and the District.  In the event the Committee is unable to agree on a calendar by that date, or either party fails to ratify the committee proposal, the calendar shall become subject to negotiations upon request by UPM.  UPM recognizes that, if negotiations do not result in agreement on the calendar by December 15, it will be necessary for the District to publish a calendar, pending further negotiations on the issue.

9.3.1       Children’s Center Calendar.  The Children’s Center Calendar shall be the same as the Credit Academic Year Calendar.

9.4          Intersession/Non-Credit Offerings

The Board may, at its option, establish intersessions at each campus.  Sixty-six and two-thirds percent (66-2/3%) of non-credit classes shall be offered within the period of the one hundred seventy-five (175) day academic calendar for credit classes.

9.5          Non-Credit Calendar

The District shall meet and confer with UPM, through the Calendar Committee, concerning the non-credit calendar.

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9.6          Holidays

Holidays shall be those stated in the relevant sections of the California Education Code for the District.  Consistent with Education Code Section 84890 and Title 5 California Code of Regulations Sections 55702, 55720, 55722, 55724, 55726 and 55728, a flex calendar may be in effect.

9.7          UPM-MCCD Staff Development Committee

9.7.1       Composition/Charge.  The Staff Development Committee (SDC) shall be composed of four (4) members, two (2) appointed by UPM and two (2) appointed by the District.  The SDC shall design all "on-site" mandatory flex-time assignments and hours; said assignments shall be consistent with the provisions agreed upon here and codified in this contract.  In addition, the SDC shall approve and monitor all "off-site" flex-time assignments and shall inform the Vice President, Academic Affairs of inappropriate use of flex-time.  The SDC shall conduct the survey required in Title 5, California Code of Regulations Section 55728.

9.7.2       Unit Member Proposals for Workshop/Meeting Presentations: Review/Approval Process.  The SDC shall review all unit member proposals for workshop/meeting presentations.  Approval of workshop/meeting presentation will be by a majority vote of the SDC and may be denied only for failure to meet the contractual topics or activities that may be presented as a flex-time workshop meeting.  In the event of a tie vote by the SDC, the final decision shall be made by the Superintendent/President of the District and the President of the UPM.  Each time there is a tie vote, the final decision will alternate between the aforementioned presidents, beginning with the president of UPM.  The SDC will also review hours only as provided for in 9.10.2.

9.7.3       Staff Development Funds/Expenditure Process.  The SDC shall be guaranteed $7,000 per year, to be used for flex-time activities. Any funds not allocated by the SDC shall be added to the next year's budget and shall be spent in that year. Employees of the District are not eligible to receive payment from this fund.  Expenditure of these or other funds for proposed activities shall be approved by a majority vote of the SDC.  In the event of a tie vote by the SDC, the final decision shall be made by the Superintendent/President of the District and the President of the UPM.  Each time there is a tie vote, the final decision will alternate between the aforementioned presidents, beginning with the president of UPM.

9.8          Mandatory On-site Flex-Time Assignments

9.8.1       Mandatory on-site flex-time shall include any of the following basic categories of in-service instruction (see 9.8.2(b)1.) once the specific elements of the program have been agreed to by the SDC.

9.8.2       Mandatory On-Site Flex-Time.

(a)           Schedule.  Mandatory on-site flex-time shall be scheduled for no more than two (2) of the flex-time days of the Fall Semester and one (1) of the flex-time days of the Spring Semester.  This maximum of three (3) days will consist of time periods, ranging from one (1) to four (4) hours in length, for a total of twelve (12) hours.

1.             Restricted Period/Activities.  Eight (8) hours (called "restricted") will consist of at least the following activities:  two department meetings, one each semester, scheduled in the last time periods of each mandatory flex period preceding the start of the instruction; one orientation meeting on the initial flex-time period of the fall semester, and two (2) additional hours that will be designated by a majority vote of the SDC. 

2.             Non-Restricted Mandatory Time Periods.  Additional non-restricted mandatory time periods may be scheduled in late afternoons, evenings or on weekends for the benefit and convenience of temporary unit members by a majority vote of the SDC.

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3.             Optional Workshops/Meetings.  By a majority vote of the SDC, optional workshops/meetings also may be scheduled during off-site days with prior approval of the SDC.

4.             Tie Vote.  In the event of a tie vote within the SDC the final decision will alternate between the District members and the UPM members of the committee.  The opportunity for deciding the first tie will be determined by a coin toss, and alternate thereafter.

(b)           Activities. 

1.             Allowable Topics.  Mandatory on-site flex-time shall provide workshops/meetings on topics selected from among the following:  instructional methodology; student learning patterns; factors impacting upon student performance; the community college mission(s); community college funding; community colleges as part of California higher education; labor-management relations; community colleges in their inter-governmental context; social issues impacting upon the community college community including student, faculty, and staff diversity; organizational characteristics of community colleges; efficient operation of community colleges, and departmental meetings, conferences and workshops, and institutional research.

2.             Schedule.  All workshops/meetings provided for in 9.8.2(b)1. shall be scheduled during the time periods totaling twelve (12) hours and designated by the SDC for each of the three (3) assigned mandatory on-site flex days.

3.             Individual Activities.  Individual activities (as defined in 9.9.1) will also be allowed during mandatory on-site flex-time, except during the eight (8) restricted hours described in 9.8.2(a).  The time approved for individual activities on any mandatory day shall not exceed four hours minus the number of scheduled restricted hours for that day.  All individual activities including regular duties (e.g., instruction, counseling, librarianship, other non-instructional duties and the school nurse) must be pre-approved by the SDC.  A unit member who is denied individual activities may appeal under the grievance procedures in Article 12 of the CBA.

(c)           Temporary Unit Members: Employment Conflict.  Temporary unit members, (paid on credit salary schedule) who cannot attend mandatory on-site flex sessions due to unavoidable time conflicts with other paid employment, may complete their mandatory on-site flex obligation by viewing specifically designated videotapes (as provided for in 9.13).

(d)           Children’s Center Unit Members.  Children’s Center unit members shall be assigned 36 hours of mandatory on-site restricted flex activities which shall include 8 hours of family registration and classroom preparation per semester and 10 hours per semester of staff workshops and staff retreats.

Except as specified herein and in Article 9.3 (Calendar Committee) and Article 9.6 (Holidays) of the CBA, all other provisions of Article 9 do not apply to unit members assigned to the Children’s Center.

9.9          Individual Activities and Off-Site Use of Flex-Time

9.9.1       Allowable Activities.  The following assignments are available to unit members to fulfill their off-site and/or individual activities requirements:  instructional materials preparation; library research; other research; visits to instructional programs; staff development, in-service training and instructional improvement; program and course curriculum or learning resource development and evaluation; office hours to meet with students (hours must be advertised in advance, coordinated with the Counseling Department and a list of students seen must been submitted with the Flex Verification form); student mentoring activities, e.g. serve on a faculty panel to critique student work or performance; the necessary supporting activities for the above, and other off-site or individual activities authorized in advance in writing by the SDC.

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9.9.1.1    Optional Workshops/Meetings.  By a majority vote of the SDC, optional workshops/meetings also may be scheduled during off-site days with prior approval of the SDC.

9.9.2       Approval of Activities/Final Report.  Each unit member utilizing off-site activities for their flex-time obligation must first gain authorization from the SDC and must furnish the SDC with a report of their off-site activities, at the end of each flex-time period.  Deadlines for off-site flex-time requests shall be announced by the SDC.  The SDC shall require unit members to supply the SDC with tangible evidence that the unit member has performed his/her agreed upon flex-time activities.  Deadlines for flex-time reports will be announced by the SDC.

9.9.3       Temporary Unit Members: Late Hire.  Temporary unit members (paid on credit salary schedule) who, due to a late hire date (less than fourteen days before the first day of off-site flex assignments) are unable to secure advanced approval for proposed individual activities may fulfill their off-site flex obligation by viewing specifically designated videotapes (as provided for in 9.20).

9.10        Filing of Activity Requests/Reports

A unit member's failure to file required off-site activity requests and reports and/or failure to perform agreed upon flex-time activities, shall be reported by the SDC to the supervising Vice President.

9.11        Daily Required "Flex-Time" Hours

9.11.1     Permanent/Probationary Unit Member.  A permanent/probationary unit member shall perform flex-time assignments for a period of 4.0 hours per flex-time day for a total of thirty-six (36) hours of flex-time activities during the 175 days of the academic year.

9.11.2     Temporary Credit Unit Member.  Flex-time assignments for a temporary credit unit member will be pro-rated by percentage of FTE.

9.12        Unit Member with Teaching Overload: Additional Flex-Time Requirements.

9.12.1     Requirement.  A permanent/probationary unit member with a teaching overload as defined in Article 8.2 shall perform additional flex-time assignments for the teaching overload on a pro rata basis (pro rated against 36 hours).

      9.12.2     Allowable Activities.  A permanent/probationary unit member required to do additional flex-time for a teaching overload shall have the option of completing his/her teaching overload flex requirement by watching videos of workshops which they did not previously attend or by doing other contractually acceptable activities (as stipulated in 9.9.1) on weekends or after 4:00 p.m. during the academic year.

      9.12.3     Activity Approval Process.  A permanent/probationary unit member shall be required to complete the appropriate form(s) - i.e., Permanent/Probationary Unit Member's Proposed Schedule of Flex Activities - and gain prior/advance authorization from the SDC. Deadlines for these requests will be announced by the SDC.

      9.12.4     Final Report.  A permanent/probationary unit member must submit a report of his/her activities and/or a signed statement (on the designated form) affirming that he/she has watched the tapes for the required number of hours (one taped hour equals one hour of flex credit).  Deadlines for submitting these reports will be announced by the SDC.  The SDC shall require the unit member to supply the SDC with tangible evidence that the unit member has performed his/her contractually acceptable flex-time activities.

9.13        Unit Member with Non-Teaching Overload: No Additional Flex-Time Requirements

A permanent/probationary unit member with a non-teaching overload shall not be required to do flex-time activities for his/her non-teaching overload units.

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9.14        Unit Member with Reduced Load: Pro-Rated Flex-Time Requirements

A permanent unit member with a reduced load shall perform flex-time activities on a pro rata basis.  When selecting the flex-time activities the unit member shall ensure that thirty-three percent (33%) or twelve (12) hours of the thirty-six (36) flex hours selected are on-campus with twenty-two percent (22%) or eight (8) hours in the restricted time periods and eleven percent (11%) or four (4) hours in the non-restricted periods.  The balance of the hours sixty-seven percent (67%) or twenty-four (24) hours may be individual activities or off-site activities.

9.15        Unit Member with Reassigned Time: No Flex-Time Requirements for Reassigned Time Units

A permanent/probationary unit member shall not be required to do flex-time activities for his/her reassigned time units.

9.16        Flex Credit: Workshop/Meeting Preparation & Presentation

9.16.1     Allowable Credit.  A permanent/probationary or temporary credit unit member presenting workshops/meetings or serving as an information source for any presentation shall receive flex-time credit for presentation and preparation time.  Claims of up to twelve (12) hours for each two hour workshop/meeting shall be granted without requiring a vote of the SDC.  For presentations other than two (2) hours in length, the preparation time shall be prorated.

9.16.2     Request for Additional Credit.  Requests for additional hours of compensation beyond the twelve hours per two hour workshop shall be reviewed for approval by the SDC.  A majority vote by the SDC is required to approve the additional hours.

9.16.3     Days/Time Periods for Applying Credit.  A permanent/probationary or temporary credit unit member may choose to apply presentation and preparation time credit hours on any flex day (mandatory or non-mandatory) except the four (4) restricted time periods.  If no other flex-time periods remain, the credit may be used during the restricted time periods.

9.17        Counselors' Assignments During Flex Period

Counselors shall perform their regular assignments during flex periods or other assignments as agreed upon by the SDC.

9.18        Special Exceptions

A permanent/probationary unit member who has an opportunity to participate in a staff development activity which is offered during intersession periods (i.e. Winter Holiday and Summer intersession) within the fiscal year, must file a Special Exception form with the SDC.  The SDC will approve exceptions on a case by case basis.  The Special Exceptions form must be submitted at least ten (10) working days in advance of the activity and approved by the SDC.  Forms are available in the Teaching Resource Center (LC115), Kentfield Campus.

9.19        Flex-Time Calendar Negotiations

Either party may request negotiations on a flex-time calendar for future school years.  The party requesting negotiations must notify in writing the other party of its intent to negotiate no later than October 1 of each year.  If neither party requests negotiations, the flex calendar shall automatically be renewed for an additional academic year.

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9.20        Viewing of Videotapes by Temporary Unit Members on Credit Salary Schedule

9.20.1     Allowable Activity.  A temporary credit unit member, who is eligible to fulfill his/her flex obligations by viewing videotapes [as provided for in Articles 9.8.2(c) or 9.9.3 of the CBA] designated by the SDC, may view the tapes after 4:00 p.m. on weekdays or weekends during regularly-scheduled hours of the College's Media Center on the Kentfield Campus. If that is not possible because of unavoidable time conflicts with other paid employment, the tapes may be checked out from the Center, for viewing elsewhere after 4:00 p.m. on weekdays or weekends. 

9.20.2     Procedure/Verification.  A temporary credit unit member who views video tapes in lieu of his/her flex obligation will be required to sign a statement on the designated form affirming that he/she has watched the tapes for the required number of hours (one taped hour equals one hour of flex credit) and that he/she was unable to attend sufficient mandatory on-site sessions to fulfill his/her flex obligations because of unavoidable time conflicts with other paid employment; or that he/she was unable to secure advanced approval for individual activities or special exceptions because of a late hire date.

9.20.3     Deadline for Submission of Verification.  The SDC must receive the signed special form before the beginning of the last calendar month of a unit member's contract service.

9.20.4     Penalty for Non-Completion of Flex.  Failure to meet flex obligation and submit the verification forms by the required date will result in payment by the District to the unit member for actual services rendered only and penalties will be imposed under Article 24.12 of the CBA.

9.21        Rate of Compensation - Temporary, Non-Credit Unit Member Who Delivers Flex Programs

A temporary, non-credit unit member who delivers a flex program shall be compensated at the current hourly stipend rate effective at the time of presentation.

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