As used in RCW 28B.50.850 through 28B.50.869:
(1) "Tenure" shall mean a faculty appointment for an
indefinite period of time which may be revoked only for adequate
cause and by due process;
(2)(a) "Faculty appointment", except as otherwise provided
in (b) of this subsection, shall mean full time employment as a
teacher, counselor, librarian or other position for which the
training, experience and responsibilities are comparable as
determined by the appointing authority, except administrative
appointments; "faculty appointment" shall also mean department
heads, division heads and administrators to the extent that such
department heads, division heads or administrators have had or do
have status as a teacher, counselor, or librarian; faculty
appointment shall also mean employment on a reduced work load
basis when a faculty member has retained tenure under RCW 28B.50.859;
(b) "Faculty appointment" shall not mean special faculty
appointment as a teacher, counselor, librarian, or other position
as enumerated in (a) of this subsection, when such employment
results from special funds provided to a community college
district from federal moneys or other special funds which other
funds are designated as "special funds" by the college board:
PROVIDED, That such "special funds" so designated by the college
board for purposes of this section shall apply only to teachers,
counselors and librarians hired from grants and service
agreements and teachers, counselors and librarians hired in
nonformula positions. A special faculty appointment resulting
from such special financing may be terminated upon a reduction or
elimination of funding or a reduction or elimination of program:
PROVIDED FURTHER, That "faculty appointees" holding faculty
appointments pursuant to subsections (1) or (2)(a) of this
section who have been subsequently transferred to positions
financed from "special funds" pursuant to (b) of this subsection
and who thereafter lose their positions upon reduction or
elimination of such "special funding" shall be entitled to be
returned to previous status as faculty appointees pursuant to
subsection (1) or (2)(a) of this section depending upon their
status prior to the "special funding" transfer. Notwithstanding
the fact that tenure shall not be granted to anyone holding a
special faculty appointment, the termination of any such faculty
appointment prior to the expiration of the term of such faculty
member's individual contract for any cause which is not related
to elimination or reduction of financing or the elimination or
reduction of program shall be considered a termination for cause
subject to the provisions of this chapter;
(3) "Probationary faculty appointment" shall mean a faculty
appointment for a designated period of time which may be
terminated without cause upon expiration of the probationer's
terms of employment;
(4) "Probationer" shall mean an individual holding a
probationary faculty appointment;
(5) "Administrative appointment" shall mean employment in a
specific administrative position as determined by the appointing
authority;
(6) "Appointing authority" shall mean the board of trustees
of a college district;
(7) "Review committee" shall mean a committee composed of
the probationer's faculty peers, a student representative, and
the administrative staff of the community or technical college:
PROVIDED, That the majority of the committee shall consist of the
probationer's faculty peers.
[1993 c 188 § 1; 1991 c 294 § 2; 1991 c 238 § 68; 1988 c 32 § 2; 1975 1st ex.s. c 112 § 1; 1974 ex.s. c 33 § 1; 1970 ex.s. c 5 § 3; 1969 ex.s. c 283 § 33. Formerly RCW 28.85.851.]
NOTES:
Construction -- 1993 c 188: "Nothing contained in this act shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement." [1993 c 188 § 5.]
Effective date -- 1993 c 188: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 188 § 6.]
Severability -- 1993 c 188: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 188 § 7.]
Intent -- 1991 c 294: "Improving the quality of instruction at our state institutions of higher education is a priority of the legislature. Recently, many efforts have been made by the legislature, the colleges, and the *higher education coordinating board to assess and improve the quality of instruction received by students at our state institutions. It is the intent of the legislature that, in conjunction with these various efforts, the process for the award of faculty tenure at community colleges should allow for a thorough review of the performance of faculty appointees prior to the granting of tenure." [1991 c 294 § 1.]
*Reviser's note: The higher education coordinating board was abolished by 2011 1st sp.s. c 11 § 301, effective July 1, 2012.
Construction -- 1991 c 294: "Nothing contained in this act shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement." [1991 c 294 § 6.]
Effective date -- Application -- 1991 c 294: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991, and shall apply to all faculty appointments made by community colleges after June 30, 1991, but shall not apply to employees of community colleges who hold faculty appointments prior to July 1, 1991." [1991 c 294 § 7.]
Severability -- 1991 c 294: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 294 § 8.]
Severability -- 1969 ex.s. c 283: See note following RCW 28A.150.050.