11.1 Definitions
11.1.1 A “dispute” is a claim by a unit member that there is a conflict other than a grievance as defined in Article 12.
11.1.2 “Academic year” is the period commencing with the first contract day, and ending with the date on which commencement is held.
11.2 Purpose
11.2.1 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to disputes.
11.2.2 Both parties agree that these proceedings shall be kept as informal as may be appropriate at any level of the procedure.
11.2.3 A disputant may request that the Association represent him/her but nothing contained herein will be construed as limiting the right of any unit member having a dispute to discuss the matter informally with any appropriate member of the administration, and to have the dispute adjusted without intervention of the Association, provided that such adjustment is not inconsistent with the terms of this Agreement, and that the Association has been given a copy of the dispute and the proposed resolution and has been given an opportunity to respond.
11.2.4 Since it is important that disputes be processed as rapidly as possible, the time limits specified at each level should be considered to be maximums and every effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement.
11.2.5 In the event that harm to a unit member could result if: (1) a dispute is filed at such a time that it cannot be processed through all the steps in this dispute procedure by the end of the academic year and/or (2) a dispute becomes unresolved until the beginning of the following year; the time limits set forth herein may be reduced so that the procedure can be completed prior to the end of the academic year, or as soon thereafter as may be agreeable to the disputant and the District.
11.3 Procedure
11.3.1 Level One
A unit member shall first discuss the dispute with the appropriate Department Chairman, Dean, and/or appropriate Vice President in that order, either individually or with the Association’s designated representative with the objective of resolving the matter informally. Should the unit member not have a Department Chairman or Dean, the unit member shall begin the procedure with the appropriate Vice President.
11.3.2 Level Two
If within fourteen (14) calendar days following the informal discussion provided at Level One the unit member is not satisfied with the disposition of the dispute, the unit member may file the dispute in writing with the Superintendent/President of the College or the Superintendent/President’s designee and also may file the dispute with the President of the Association or the President’s designee. If said dispute is not filed within the specified fourteen (14) calendar days, it shall not be subject to further consideration and shall be deemed settled on the basis of the decision last made at Level One.
11.3.3 Within fourteen (14) calendar days after receipt of the written dispute by the Superintendent/President of the College or the Superintendent/President’s designee, the Superintendent/President or the Superintendent/President’s designee shall meet with the unit member and, if requested by the disputant, the President of the Association or the President’s designee in an effort to resolve the dispute. The decision, including stated reasons for said decision, of the Superintendent/President, or Superintendent/President’s designee, shall be presented to the disputant and the President of the Association in writing within seven (7) calendar days following the meeting at Level Two.
11.4 Rights of Unit Members to Representation
11.4.1 No reprisals of any kind shall be taken by the Board, the Superintendent/President of the College, or by any member or representative of the administration of the College against any unit member with a dispute, any member of the Association, or any other participant in the dispute procedure by reason of such participation.
11.4.2 The disputant may represent himself/herself at all stages of this procedure, and if requested by the disputant, he/she may be represented by the President of the Association or the President’s designee.
11.5 Miscellaneous
11.5.1 If a dispute arises from action or inaction by the Superintendent/President, the disputant shall submit such dispute in writing directly to the Superintendent/President of the College, the President of the Board, and the Association. The processing of such a dispute shall commence at Level Two.
11.5.2 Dispute meetings normally will be scheduled by the District so as not to conflict with classroom duties. However, if the meeting is expected to be of such duration that it would extend beyond the normal business hours of the District’s central office, the District shall provide released time with no loss of pay to the disputant, witnesses, and, if requested, the President of the Association or the President’s designee so that the session can be accommodated within such business hours. This shall constitute “reasonable periods of release time” within the meaning of Government Code 3543.1 (c).
11.5.3 In order to encourage a professional and harmonious disposition of unit members’ complaints, it is agreed that from the time a dispute is filed until it is processed, neither the disputant nor the Association nor the District shall make public either the dispute or evidence regarding the dispute.
11.5.4 All procedural documents, communications, and records dealing with the processing of a dispute will be filed in a separate dispute file and will not be kept in the personnel file of any of the participants. With the approval of the Superintendent/President of the College or the Superintendent/President’s designee, the file may be opened, but only in the presence of the Association President or the President’s designee, except that the disputant may examine the disputant’s file at any time.
11.5.5 Forms for filing disputes, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be prepared by the Superintendent/President of the College or the Superintendent/President’s designee.