RCW 28B.50.873
Reduction in force of tenured or probationary faculty members due to financial emergency—Conditions—Procedure—Rights.
The college board may declare a financial emergency under the following conditions: (1) Reduction of allotments by the governor pursuant to *RCW 43.88.110(2), or (2) reduction by the legislature from one biennium to the next or within a biennium of appropriated funds based on constant dollars using the implicit price deflator. When a district board of trustees determines that a reduction in force of tenured or probationary faculty members may be necessary due to financial emergency as declared by the state board, written notice of the reduction in force and separation from employment shall be given the faculty members so affected by the president or district president as the case may be. Said notice shall clearly indicate that separation is not due to the job performance of the employee and hence is without prejudice to such employee and need only state in addition the basis for the reduction in force as one or more of the reasons enumerated in subsections (1) and (2) of this section.
Said tenured or probationary faculty members will have a right to request a formal hearing when being dismissed pursuant to subsections (1) and (2) of this section. The only issue to be determined shall be whether under the applicable policies, rules or collective bargaining agreement the particular faculty member or members advised of severance are the proper ones to be terminated. Said hearing shall be initiated by filing a written request therefor with the president or district president, as the case may be, within ten days after issuance of such notice. At such formal hearing the tenure review committee provided for in RCW 28B.50.863 may observe the formal hearing procedure and after the conclusion of such hearing offer its recommended decision for consideration by the hearing officer. Failure to timely request such a hearing shall cause separation from service of such faculty members so notified on the effective date as stated in the notice, regardless of the duration of any individual employment contract.
The hearing required by this section shall be an adjudicative proceeding pursuant to chapter 34.05 RCW, the Administrative Procedure Act, conducted by a hearing officer appointed by the board of trustees and shall be concluded by the hearing officer within sixty days after written notice of the reduction in force has been issued. Ten days written notice of the formal hearing will be given to faculty members who have requested such a hearing by the president or district president as the case may be. The hearing officer within ten days after conclusion of such formal hearing shall prepare findings, conclusions of law and a recommended decision which shall be forwarded to the board of trustees for its final action thereon. Any such determination by the hearing officer under this section shall not be subject to further tenure review committee action as otherwise provided in this chapter.
Notwithstanding any other provision of this section, at the time of a faculty member or members request for formal hearing said faculty member or members may ask for participation in the choosing of the hearing officer in the manner provided in RCW 28A.405.310(4), said employee therein being a faculty member for the purposes hereof and said board of directors therein being the board of trustees for the purposes hereof: PROVIDED, That where there is more than one faculty member affected by the board of trustees' reduction in force such faculty members requesting hearing must act collectively in making such request: PROVIDED FURTHER, That costs incurred for the services and expenses of such hearing officer shall be shared equally by the community or technical college and the faculty member or faculty members requesting hearing.
When more than one faculty member is notified of termination because of a reduction in force as provided in this section, hearings for all such faculty members requesting formal hearing shall be consolidated and only one such hearing for the affected faculty members shall be held, and such consolidated hearing shall be concluded within the time frame set forth herein.
Separation from service without prejudice after formal hearing under the provisions of this section shall become effective upon final action by the board of trustees.
It is the intent of the legislature by enactment of this section and in accordance with RCW 28B.52.035, to modify any collective bargaining agreements in effect, or any conflicting board policies or rules, so that any reductions in force which take place after December 21, 1981, whether in progress or to be initiated, will comply solely with the provisions of this section: PROVIDED, That any applicable policies, rules, or provisions contained in a collective bargaining agreement related to lay-off units, seniority and reemployment rights shall not be affected by the provisions of this paragraph.
Nothing in this section shall be construed to affect the right of the board of trustees or its designated appointing authority not to renew a probationary faculty appointment pursuant to RCW 28B.50.857.
[ 1991 c 238 § 72; 1990 c 33 § 559; 1989 c 175 § 81; 1981 2nd ex.s. c 13 § 1.]
NOTES:
*Reviser's note: RCW 43.88.110 was amended by 1991 c 358 § 2 changing subsection (2) to subsection (3).
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 2nd ex.s. c 13: "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." [ 1981 2nd ex.s. c 13 § 3.]
Structure Revised Code of Washington
Chapter 28B.50 - Community and Technical Colleges.
28B.50.040 - College districts enumerated.
28B.50.050 - State board for community and technical colleges.
28B.50.070 - College board—Organization—Meetings—Quorum—Biennial report—Fiscal year.
28B.50.080 - College board—Offices and office equipment, including necessary expenses.
28B.50.085 - College board—Treasurer—Appointment, duties, bond—Depository.
28B.50.090 - College board—Powers and duties.
28B.50.091 - Board to waive fees for students finishing their high school education.
28B.50.092 - Program for military personnel—Restrictions as to high school completion program.
28B.50.093 - Program for military personnel—Limitation.
28B.50.094 - Program for military personnel—Costs of funding.
28B.50.095 - Registration at more than one community and technical college.
28B.50.096 - Cooperation with workforce training and education coordinating board.
28B.50.097 - Electronic job bank.
28B.50.098 - Appointment of trustees for new college district.
28B.50.100 - Boards of trustees—Generally.
28B.50.102 - Boards of trustees—Student trustee.
28B.50.130 - Boards of trustees—Bylaws, rules, and regulations—Chair and vice chair—Terms—Quorum.
28B.50.140 - Boards of trustees—Powers and duties.
28B.50.141 - Credits—Statewide transfer policy and agreement—Establishment.
28B.50.142 - Treasurer of board—Duties—Bond.
28B.50.143 - Vendor payments, advances or reimbursements for.
28B.50.145 - Community or technical college faculty senate.
28B.50.150 - Out-of-district residence not to affect enrollment for state resident.
28B.50.195 - Intercollegiate coaches—Minimum standards encouraged.
28B.50.196 - Intercollegiate coaches—Training to promote coaching competence and techniques.
28B.50.205 - AIDS information—Community and technical colleges.
28B.50.215 - Overlapping service areas—Regional planning agreements.
28B.50.242 - Video telecommunications programming.
28B.50.248 - Effect of child care subsidy eligibility expansion—Use of existing resources.
28B.50.259 - Program for dislocated forest products workers—Waiver from tuition and fees.
28B.50.271 - Opportunity grant program.
28B.50.274 - Opportunity partnership program.
28B.50.282 - Evergreen jobs training account—Grants.
28B.50.286 - Opportunity express account.
28B.50.295 - Emergency assistance grant program.
28B.50.305 - Seattle Vocational Institute—Findings.
28B.50.306 - Seattle Vocational Institute—Mission—Advisory committee to advise.
28B.50.307 - Seattle Vocational Institute—Funding.
28B.50.320 - Fees and other income—Deposit—Disbursement.
28B.50.409 - Bonds—Committee advice and consent prerequisite to issuance.
28B.50.463 - Use of false academic credentials—Penalties.
28B.50.465 - Cost-of-living increases—Academic employees.
28B.50.468 - Cost-of-living increases—Classified employees.
28B.50.484 - Health care service contracts—Transferred employees of vocational-technical institutes.
28B.50.489 - Part-time academic employees—State-mandated benefits—Definitions.
28B.50.4891 - Part-time academic employees—State-mandated benefits—Reporting eligible employees.
28B.50.4893 - Part-time academic employees—Sick leave.
28B.50.510 - State purchasing and material control, community college purchases.
28B.50.520 - Federal funds, receipt of authorized.
28B.50.522 - Office for adult literacy.
28B.50.528 - Contracts with adjacent college district for administrative services.
28B.50.532 - Completion of industry certificate or credential—Agreements with skill centers.
28B.50.535 - Community or technical college—Issuance of high school diploma or certificate.
28B.50.551 - Leave provisions.
28B.50.553 - Attendance incentive program.
28B.50.789 - Online course descriptions—Required materials' cost information—Reports.
28B.50.795 - Bachelor of science in nursing program—University Center of North Puget Sound.
28B.50.810 - Applied baccalaureate degree programs.
28B.50.815 - Associate degree education for incarcerated adults.
28B.50.825 - Bachelor of science degree in computer science.
28B.50.835 - Exceptional faculty awards—Intent.
28B.50.8351 - Exceptional faculty awards—"Foundation" defined.
28B.50.839 - Exceptional faculty awards—Guidelines—Matching funds—Donations—Disbursements.
28B.50.843 - Exceptional faculty awards—Determination of award—Collective bargaining.
28B.50.850 - Faculty tenure—Purpose.
28B.50.851 - Faculty tenure—Definitions.
28B.50.855 - Faculty tenure—Written agreement embodying terms of employment furnished faculty.
28B.50.859 - Faculty tenure—Tenure retained upon reduced work load assignment.
28B.50.860 - Faculty tenure—Tenure retained upon administrative appointment.
28B.50.861 - Faculty tenure—Dismissal only for sufficient cause.
28B.50.862 - Faculty tenure—Certain grounds constituting sufficient cause.
28B.50.863 - Faculty tenure—Review prior to dismissal—Scope—Recommendations of review committee.
28B.50.864 - Faculty tenure—Appeal from decision for dismissal—Procedure.
28B.50.868 - Faculty tenure—Faculty members currently employed granted tenure.
28B.50.871 - Faculty tenure—Number of tenure-track positions—Report.
28B.50.872 - Periodic posttenure evaluation.
28B.50.8742 - Technical colleges—Employee option to reenroll in public employees' benefits trust.
28B.50.8744 - Technical colleges—Payment to public employees' and retirees' insurance account.
28B.50.877 - Technical colleges—Purchase of support services from school districts.
28B.50.880 - Apprentices—Recommendations of the state board for community and technical colleges.
28B.50.890 - Apprentices—Associate degree pathway.
28B.50.891 - Apprenticeship programs or certificate programs—Transferable course credits.
28B.50.895 - Apprentice education waivers.
28B.50.902 - Centers of excellence.
28B.50.916 - Homeless and foster care students pilot program.
28B.50.925 - Guided pathways—Implementation—Reports.
28B.50.930 - Mental health counselor pilot program.
28B.50.935 - Faculty counselors—Minimum standards.
28B.50.940 - Student aid outreach and completion initiative pilot program—Outreach specialists.
28B.50.980 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.