Common use of Annual and Continuing Contracts Clause in Contracts

Annual and Continuing Contracts. Established permanent Faculty, Librarian, and Senior Academic Advisor positions filled as a result of a competitive hiring process shall be eligible for Continuing Contract. All initial full- time appointments shall be in a form approved by the State Commissioner of Education, and shall specify in writing the appointment date, expiration date, and salary and whether the appointment is or is not eligible for Continuing Contract. All initial full-time appointments shall be annual contracts, unless it is a non-continuing contract appointment. Upon hire, the Faculty member shall be on annual contract, on a year-to-year basis. Such annual contract shall not create the expectancy of employment beyond the term of the contract, since the College owes no further contractual obligation to the Faculty member at the expiration of an annual contract and the Board has no legal obligation to renew the contract of a Faculty member on annual contract. Non-renewal of the annual contract shall not entitle the Faculty member to a hearing or the reasons for non-renewal. Decisions by the College not to renew an annual contract cannot be challenged through the grievance or termination procedures provided by this Agreement or in any other forum. A. Individuals on an “annual contract” may have their contract renewed by the Board of Trustees as part of the annual budget approval process upon recommendation by the President. There is no expectation of employment upon the expiration of an annual contract. The President may determine not to renew an annual contract for any reason. An individual whose 9-month or 10-month annual contract is not being recommended for renewal shall receive notice of non-renewal by April 1st. An individual whose 12-month annual contract is not being recommended for renewal shall receive notice of non-renewal by June 1st. Decisions by the College related to non-renewal of an annual contract cannot be challenged through the grievance or termination procedures provided by this Agreement. Faculty, Librarians, or Senior Academic Advisors on annual contract will be evaluated annually. B. A “Continuing Contract” is a contract between the College and a Faculty member, Librarian, or Senior Academic Advisor that entitles the individual to continue in his or her respective full-time position at the College without the necessity for annual nomination. To be eligible to apply for a Continuing Contract, the individual must serve a probationary period of five

Annual and Continuing Contracts. Established permanent Faculty, Librarian, Librarian and Senior Academic Advisor Counselor positions filled as a result of a competitive hiring process shall be eligible for Continuing Contractcontinuing contract. All initial full- full-time appointments shall be in a form approved by the State Commissioner of Education, and shall specify in writing the appointment date, expiration date, and salary and whether the appointment is eligible or is not eligible for Continuing Contractcontinuing contract. All initial full-time appointments shall be annual contracts, unless it is a non-continuing contract temporary appointment. Upon hire, the Faculty member shall be on annual contract, on a year-to-year basis. Such annual contract shall not create the expectancy of employment beyond the term of the contract, since the College owes no further contractual obligation to the Faculty member at the expiration of an annual contract and the Board has no legal obligation to renew the contract of a Faculty member on annual contract. Non-renewal of the annual contract shall not entitle the Faculty member to a hearing or the reasons for non-renewal. Decisions by the College not to renew an annual contract cannot be challenged through the grievance or termination procedures provided by this Agreement or in any other forum. A. Individuals on an “annual contract” may have their contract renewed by the Board of Trustees as part of the annual budget approval process upon recommendation by the PresidentPresident no later than June 1st preceding the academic year for which the contract is to be effective. There is no expectation of employment reemployment upon the expiration of an annual contract. The President may determine not to renew an annual contract for any reason. An individual whose 9-month or 10-month annual contract is not being recommended for renewal renewed shall receive notice of non-renewal by April 1st. An individual whose 12-month annual contract is not being recommended for renewal shall receive notice of non-non- renewal by June 1st. Decisions by the College related to nonNon-renewal of an annual contract cannot be challenged through the grievance or termination procedures provided by this Agreement. Faculty, Librarians, or Senior Academic Advisors on annual contract will be evaluated annually. B. A “Continuing Contractcontinuing contract” is a contract between the College and a Faculty member, Librarian, Librarian or Senior Academic Advisor that Counselor which entitles the individual to continue in his or her respective full-time position at the College without the necessity for annual nomination. To be eligible to apply for a Continuing Contractcontinuing contract, the individual must serve a probationary period of fivefive (5) full years at the College during a period not in excess of seven (7) total years. In all cases, such service shall be continuous except for leave duly authorized and granted. C. The probationary period may be extended beyond five (5) years but not in excess of seven (7) years total upon the recommendation of the President and approval of the Board of Trustees. The extension of the probationary period beyond five (5) years is not subject to challenge through the grievance procedures. The contract of an individual who is not awarded a continuing contract by the completion of seven (7) years shall not be renewed. The decision to not award a continuing contract cannot be challenged through the grievance or termination procedures provided by this Agreement. X. Xxxxxxxxxx contract may be recommended to the Board of Trustees by the President for individuals who have received satisfactory ratings on their performance evaluations during the probationary period. Continuing contracts are effective at the beginning of an academic year only. E. The following criteria are integral in considering an individual for continuing contract and in the review of their post-award performance. While the following criteria must be satisfied to be considered for the initial award of a continuing contract, the same criteria shall also be used to consider the return of an individual with continuing contract to annual contract. i. Effectiveness in the performance of their duties which include: (a) Engaging in activities for the benefit of the College, including, but not limited to: teaching, student consultation, advising, preparation for teaching, and committee work (e.g., standing committees, councils, ad hoc committees, and department meetings); (b) Meeting his/her in-load teaching requirement or equivalent; (c) Completing all obligations within established timelines; (d) Being prompt and regular in attendance at classes, office hours, department meetings, and College-wide meetings; and, (e) Fulfilling work responsibilities and other responsibilities as stated in this Agreement. ii. Continuing professional development. iii. Currency in and scope of their discipline area knowledge shall be an integral component of continuing contract consideration and may be demonstrated by pursuing coursework, training and/or equivalent educational activities (e.g., professional conference attendance). iv. Feedback from Faculty and students, student opinion surveys, data received from self-evaluation, and classroom visitation by the Xxxx/Director. v. Employer feedback for all A.S., B.A.S, B.S. and certificate programs, to enhance instruction and to effectuate curriculum change. vi. Service to the department/division and College as an active participant in the academic planning process, which includes but is not limited to curriculum development and revision; program review and assessment; establishment of program accreditation; and other activities that support student success and academic progression. vii. Assessments of student learning in order to guide course, programmatic and instructional Faculty effectiveness. viii. Service to the community. ix. Adherence to professional standards of conduct as outlined in Article 27, Discipline, and College policy. x. Student success which includes the following: (a) Student retention, and progression to include success in subsequent course(s); (b) Student completion and successful matriculation to a College or University or job placement in a position relevant to degree earned; (c) Responsiveness to students’ academic needs both in and out of the classroom; (d) Use of student engagement strategies in class; (e) Providing prompt feedback to students which includes but is not limited to return of examinations and papers within one week, frequent graded assignments to assist students in monitoring progress, concrete and constructive feedback and class discussion of results of assignments and examinations; (f) Providing adequate time on task which includes but is not limited to having set due dates for assignments, make-up requirements, time management skill discussions, weekly reading schedules and realistic expectations with relevant assignments; (g) Using the master xxxxxxx as a minimum standard, providing clear course expectations, explanations of consequences for not completing work, and expectations of student participation and success; (h) Referrals to student support services when appropriate including, but not limited to the Learning Commons or virtual support services; (i) Students meeting the program and student learning outcomes; and (j) Employing diverse teaching methods to accommodate various student learning styles and various levels of academic preparation. F. Consideration for continuing contract is initiated by the individual who shall provide to their Xxxx/Director a professional portfolio containing a factual description of the Faculty member’s teaching, curriculum, service and professional development strengths and accomplishments. The portfolio will include empirical evidence as well as a self-assessment as detailed by College Policy. The Xxxx/Director shall consider all of the evaluation materials and make a written recommendation to the Vice President of Academic Affairs/Xxxxxxx regarding whether the individual should be considered for continuing contract and state the reasons for the recommendation. The Vice President of Academic Affairs/Xxxxxxx shall make a written recommendation to the President. X. If the Xxxx/Director fails to recommend the individual for continuing contract, the individual may appeal to the Vice President of Academic Affairs/Xxxxxxx. If the Vice President of Academic Affairs/Xxxxxxx agrees with the Xxxx, the individual may appeal to the President. The decision of the President is final and cannot be challenged through the grievance and arbitration process or termination procedures provided by this Agreement. X. If the Xxxx recommends the individual for continuing contract, but the Vice President of Academic Affairs/Xxxxxxx disagrees with the Xxxx’x recommendation, the President shall review the decision. The decision of the President is final and cannot be challenged through the grievance or termination procedures provided by this Agreement. I. If the President concurs with the Vice President of Academic Affairs/Xxxxxxx’x recommendation that the individual be awarded a continuing contract, the President shall recommend this action to the Board of Trustees. The decision of the Board of Trustees is final and cannot be challenged through the grievance or termination procedures provided by this Agreement. J. Individuals on continuing contract shall have a bi-annual performance evaluation. They shall submit a post-award professional portfolio every five (5) years that shall be reviewed by the supervising Xxxx/Director. The purpose of the post- award professional portfolio is to demonstrate continued achievement of the standards set for the initial award of continuing contract (subsection E. above) and to demonstrate continual growth and development in the Faculty member’s discipline area.

Annual and Continuing Contracts. Established permanent Faculty, Librarian, Librarian and Senior Academic Advisor Counselor positions filled as a result of a competitive hiring process shall be eligible for Continuing Contractcontinuing contract. All initial full- full-time appointments shall be in a form approved by the State Commissioner of Education, and shall specify in writing the appointment date, expiration date, and salary and whether the appointment is eligible or is not eligible for Continuing Contractcontinuing contract. All initial full-time appointments shall be annual contracts, unless it is a non-continuing contract temporary appointment. Upon hire, the Faculty member shall be on annual contract, on a year-to-year basis. Such annual contract shall not create the expectancy of employment beyond the term of the contract, since the College owes no further contractual obligation to the Faculty member at the expiration of an annual contract and the Board has no legal obligation to renew the contract of a Faculty member on annual contract. Non-renewal of the annual contract shall not entitle the Faculty member to a hearing or the reasons for non-renewal. Decisions by the College not to renew an annual contract cannot be challenged through the grievance or termination procedures provided by this Agreement or in any other forum. A. Individuals on an “annual contract” may have their contract renewed by the Board of Trustees as part of the annual budget approval process upon recommendation by the PresidentPresident no later than June 1st preceding the academic year for which the contract is to be effective. There is no expectation of employment reemployment upon the expiration of an annual contract. The President may determine not to renew an annual contract for any reason. An individual whose 9-month or 10-month annual contract is not being recommended for renewal renewed shall receive notice of non-renewal by April 1st. An individual whose 12-month annual contract is not being recommended for renewal shall receive notice of non-non- renewal by June 1st. Decisions by the College related to nonNon-renewal of an annual contract cannot be challenged through the grievance or termination procedures provided by this Agreement. Faculty, Librarians, or Senior Academic Advisors on annual contract will be evaluated annually. B. A “Continuing Contractcontinuing contract” is a contract between the College and a Faculty member, Librarian, Librarian or Senior Academic Advisor that Counselor which entitles the individual to continue in his or her respective full-time position at the College without the necessity for annual nomination. To be eligible to apply for a Continuing Contractcontinuing contract, the individual must serve a probationary period of fivefive (5) full years at the College during a period not in excess of seven (7) total years. In all cases, such service shall be continuous except for leave duly authorized and granted. C. The probationary period may be extended beyond five (5) years but not in excess of seven (7) years total upon the recommendation of the President and approval of the Board of Trustees. The extension of the probationary period beyond five (5) years is not subject to challenge through the grievance procedures. The contract of an individual who is not awarded a continuing contract by the completion of seven (7) years shall not be renewed. The decision to not award a continuing contract cannot be challenged through the grievance or termination procedures provided by this Agreement. D. Continuing contract may be recommended to the Board of Trustees by the President for individuals who have received satisfactory ratings on their performance evaluations during the probationary period. Continuing contracts are effective at the beginning of an academic year only. E. The following criteria are integral in considering an individual for continuing contract and in the review of their post-award performance. While the following criteria must be satisfied to be considered for the initial award of a continuing contract, the same criteria shall also be used to consider the return of an individual with continuing contract to annual contract. i. Effectiveness in the performance of their duties which include: (a) Engaging in activities for the benefit of the College, including, but not limited to: teaching, student consultation, advising, preparation for teaching, and committee work (e.g., standing committees, councils, ad hoc committees, and department meetings); (b) Meeting his/her in-load teaching requirement or equivalent; (c) Completing all obligations within established timelines; (d) Being prompt and regular in attendance at classes, office hours, department meetings, and College-wide meetings; and, (e) Fulfilling work responsibilities and other responsibilities as stated in this Agreement. ii. Continuing professional development. iii. Currency in and scope of their discipline area knowledge shall be an integral component of continuing contract consideration and may be demonstrated by pursuing coursework, training and/or equivalent educational activities (e.g., professional conference attendance). iv. Feedback from Faculty and students, student opinion surveys, data received from self-evaluation, and classroom visitation by the Xxxx/Director. v. Employer feedback for all A.S., B.A.S, B.S. and certificate programs, to enhance instruction and to effectuate curriculum change. vi. Service to the department/division and College as an active participant in the academic planning process, which includes but is not limited to curriculum development and revision; program review and assessment; establishment of program accreditation; and other activities that support student success and academic progression. vii. Assessments of student learning in order to guide course, programmatic and instructional Faculty effectiveness. viii. Service to the community. Service to the community involves faculty members acting as representatives of TCC while using their expertise to contribute to the public’s knowledge and welfare. Community service shall not include any activity for which a faculty member receives a stipend. Examples of Service to the Community include, but are not limited to: • Engaging in community outreach or community engagement effort • Participating in public service or community development activities • Acting as a board member in a community-based, corporate, or governmental organization • Volunteering services as a consultant on community projects when representing the College • Contributing time and expertise to a community organization • Giving presentations in the area of expertise to the public • Prior approval is required. ix. Adherence to professional standards of conduct as outlined in Article 27, Discipline, and College policy. x. Student success which includes the following: (a) Student retention, and progression to include success in subsequent course(s); (b) Student completion and successful matriculation to a College or University or job placement in a position relevant to degree earned; (c) Responsiveness to students’ academic needs both in and out of the classroom; (d) Use of student engagement strategies in class; (e) Providing prompt feedback to students which includes but is not limited to return of examinations and papers within one week, frequent graded assignments to assist students in monitoring progress, concrete and constructive feedback and class discussion of results of assignments and examinations; (f) Providing adequate time on task which includes but is not limited to having set due dates for assignments, make-up requirements, time management skill discussions, weekly reading schedules and realistic expectations with relevant assignments; (g) Using the master xxxxxxx as a minimum standard, providing clear course expectations, explanations of consequences for not completing work, and expectations of student participation and success; (h) Referrals to student support services when appropriate including, but not limited to the Learning Commons or virtual support services; (i) Students meeting the program and student learning outcomes; and (j) Employing diverse teaching methods to accommodate various student learning styles and various levels of academic preparation. F. Consideration for continuing contract is initiated by the individual who shall provide to their Xxxx/Director a professional portfolio containing a factual description of the Faculty member’s teaching, curriculum, service and professional development strengths and accomplishments. The portfolio will include empirical evidence as well as a self-assessment as detailed by College Policy. The Xxxx/Director shall consider all of the evaluation materials and make a written recommendation to the Vice President of Academic Affairs/Xxxxxxx regarding whether the individual should be considered for continuing contract and state the reasons for the recommendation. The Vice President of Academic Affairs/Xxxxxxx shall make a written recommendation to the President. G. If the Xxxx/Director fails to recommend the individual for continuing contract, the individual may appeal to the Vice President of Academic Affairs/Xxxxxxx. If the Vice President of Academic Affairs/Xxxxxxx agrees with the Xxxx, the individual may appeal to the President. The decision of the President is final and cannot be challenged through the grievance and arbitration process or termination procedures provided by this Agreement. H. If the Xxxx recommends the individual for continuing contract, but the Vice President of Academic Affairs/Xxxxxxx disagrees with the Xxxx’x recommendation, the President shall review the decision. The decision of the President is final and cannot be challenged through the grievance or termination procedures provided by this Agreement. I. If the President concurs with the Vice President of Academic Affairs/Xxxxxxx’x recommendation that the individual be awarded a continuing contract, the President shall recommend this action to the Board of Trustees. The decision of the Board of Trustees is final and cannot be challenged through the grievance or termination procedures provided by this Agreement. J. Individuals on continuing contract shall have a bi-annual performance evaluation. They shall submit a post-award professional portfolio every five (5) years that shall be reviewed by the supervising Xxxx/Director. The purpose of the post- award professional portfolio is to demonstrate continued achievement of the standards set for the initial award of continuing contract (subsection E. above) and to demonstrate continual growth and development in the Faculty member’s discipline area.