This chapter contains policies related to human resource administration in the state’s community and technical college system. State Board authority is limited in this area with the majority of policy and rules and regulations governing faculty and staff resting in other agencies of state government. Links are provided in the respective policy statements to RCWs, WACs, and procedures and guidelines that are relative to that particular policy.
|SBCTC Resolution 02-09-16||Board approved Policy Manual||09/19/2002|
The State Board for Community and Technical Colleges:
- Is committed to providing equal employment opportunity to applicants and employees without regard to race, creed, religion, color, national origin, sex, sexual orientation, age, marital status, veteran status, limited English speaking ability, or disability (see RCW 41.06.150; RCW 49.74).
- Recognizes its continuing responsibility to set an example of affirmative action by including women, people of color, people with disabilities, Vietnam era and disabled veterans at all levels within the agency workforce.
- Considers equal opportunity, affirmative action, and non-discrimination to be fundamental to the mission, goals, and objectives of the agency and hereby commits the necessary staff time and resources to implement effectively this affirmative action policy.
The executive director has the overall responsibility and authority for assuring that the affirmative action program is implemented. The division directors share in this responsibility as specifically noted in the plan. Responsibility for coordination of the plan and maintenance of systems to monitor program effectiveness is vested in the Human Resource Director and in the Director, Administrative Services Division who is the designated agency affirmative action officer.
The executive director will assure that the agency's commitment to affirmative action is demonstrated through:
- Reviewing minimum qualifications on agency job announcements to assure that they are job-related and that they do not contain artificial barriers, which may disproportionately screen out members of protected groups.
- Developing an intensive and aggressive recruiting program designed to assure that competitive people of color, women, people with disabilities, Vietnam era and disabled veterans are contacted and are encouraged to apply for vacant positions within the agency.
- Monitoring of each phase of the agency’s recruiting and selection processes to determine affirmative action impact.
- Continual monitoring of the agency’s training, promotion, and compensation practices to assure that these programs are administered in a non-discriminatory manner.
A plan has been designed to implement these principles that provide positive benefits to the agency through fuller utilization and development of women, people of color, people with disabilities, Vietnam era and disabled veterans. This plan will be reviewed and its effectiveness reevaluated periodically.
|Passage of ESSB 5931||Affirmative Action Statement||07/15/2011|
|Passage of HB 2390||Individuals with Intellectual Disabilities||06/11/2020|
Employees exempt from the provisions of the civil service law who are employed by college districts shall be appointed on the basis of criteria developed by the district consistent with standards established by the State Board (see RCW 28B.50.090).
2.20.10 District personnel selection practices
Each district is required to adopt and publish a statement of personnel selection practices and standards (see WAC 131-16-070).
2.20.20 Qualification of college personnel
Selection of employees for other than the classified service shall be based upon the general standards established by the State Board and district board of trustees (see WAC 131-16-080 and WAC 131-16-091).
2.20.30 Certification of professional-technical personnel
Certification of professional-technical personnel shall be in accordance with the standards established by the State Board and becomes the responsibility of the president of each institution, or district, to assure compliance with the standards (see WAC 131-16-092, WAC 131-16-093, and WAC 131-16-094).
2.20.35 Professional-technical or vocational teaching certification reciprocity
Reciprocity provisions recognize professional-technical or vocational teaching certification issued by a community or technical college or the superintendent of public instruction (see WAC 131-16-095).
|SBCTC Resolution 04-03-04||Certification of professional-technical personnel||03/10/2005|
|SBCTC Resolution 04-03-04||Reciprocity of professional-technical education certificates||03/10/2005|
- Adopt rules defining the permissible elements of compensation that district boards may approve for college presidents (see RCW 28B.50.140 (3); WAC 131-16-500).
- Determine qualifications and credentials of employees exempt from the provisions of the civil service law
- Ensure that compensation and conditions of employment for all employees are governed
by the appropriate administrative boards/agencies:
- Civil service classified
- Technical college classified
- Exempt Designate “special funds” for determining eligibility for tenurable faculty positions
2.35 Classification of employees
Civil service classified employees
Working conditions and compensation for community college and State Board classified employees are governed by the civil service system. The office of the State Human Resources (SHR) division of OFM has the statutory authority to adopt:
- Class Titles and Salary Ranges — The official classification and compensation plans for community college classified employees are adopted by the SHR. Salary ranges provided under the SHR compensation plan provide a series of salary steps, with a minimum and maximum salary for each job class. Each classification has an assigned salary range. New hires may be placed at any step in the assigned range. Step movement along the salary range is earned through longevity in service up to the maximum step of the range. Employees progress in their career (through promotion and reclassification) by assuming higher-level duties. The legislature may also provide general salary increases or, through SHR OFM recommendations, increases based upon documented recruitment, retention, alignment problems or increased duties and responsibilities (see RCW 41.06).
- Rules Governing Administration — Rules governing administration of community college classified employment regarding such things as exemption from civil service, appointment, demotion, suspension, promotion, layoff, resignation, leave, affirmative action, and labor relations are contained in (see WAC 357).
The appointing authority may approve provisions, related to working condition issues that supplement or add to hose adopted by the director, by adoption of policy, or through collective bargaining.
Exempted from civil service system coverage include members of the board of trustees, presidents, vice presidents, and their confidential secretaries, deans, directors, and chairs, academic personnel, executive heads of major administrative or academic divisions, and other administrative and professional personnel. The statute also exempts students, part-time or temporary employees, consultants, the State Board director, the confidential secretary, and professional and administrative staff of the State Board. It also provides to each district’s board of trustees, the authority to exempt from civil service classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities. (see RCW 41.06, RCW 41.06.070, and WAC 357).
Technical college classified employees
Working conditions, classification and compensation for technical college classified employees are governed by local collective bargaining (see RCW 41.56).
In general, the term “faculty” applies to full-time or part-time academic employees working as teachers, counselors, librarians, or in other positions for which training, experience and responsibilities are comparable as determined by the appointing authority. The following definitions apply:
- Academic Employee — Academic Employee means any teacher, counselor, librarian, or department head, who is employed by any college district, whether full or part time, with the exception of the chief administrative officer of and any administrator in each college district. An academic employee may be given a “Faculty Appointment”, “Special Faculty Appointment” or hired on a part-time basis (see RCW 28B.52 and RCW 28B.50.489).
- Faculty Appointment — Faculty appointments may be given to state-funded employees under contract to perform full-time duties 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. Employees provided a “faculty appointment,” may be granted tenure after participation in and completion of the college’s tenure process (see RCW 28B.50).
- Special Faculty Appointment — Special faculty appointments may be granted to individuals employed on the basis of federal or other special funds as designated by the State Board Such individuals are ineligible to receive tenure. However, under certain circumstances, employees granted special faculty appointments within a correctional institution, may be eligible for tenure within that program. Such tenure shall be distinct and separate from the tenure program for other faculty of the college district (see RCW 28B.50.870, WAC 131‑16‑400, and WAC 131‑16‑400).
- Part-time Faculty — Typically, part-time faculty are academic employees hired on a quarter-to-quarter basis to perform any percentage of a full-time academic workload. Colleges may also refer to this group of employees as “Adjunct” or “Associate” faculty. The precise definition of “part-time faculty” and their salary and working conditions are generally included in the local collective bargaining agreement.
Salary schedules determinations can be through direct negotiations between the official body representing the academic employees and the district board of trustees and is applicable to academic employees (e.g., teaching faculty, counselors, and librarians). Salary increases occur through and are based on appropriations by and/or authorization from the legislature (see RCW 28B.52).
Faculty tenure system
A tenure system "which protects the concepts of faculty employment rights and faculty involvement in the protection of those rights" was enacted by the Legislature in 1969. The statutes were designed to "define a reasonable and orderly process for appointment of faculty members to tenure status and the dismissal of the tenured faculty member" (see RCW 28B.50.850 through 28B.50.872).
Legislation adopted in 1991 authorizes an extension of the probationary period, for a maximum of three academic quarters, when mutually agreeable. Statute also requires each college district to establish, through collective bargaining, periodic post-tenure evaluation of all full-time faculties consistent with the standards of the Northwest Commission on Colleges and Universities.
General policy on tenure
In order to ensure effective teaching and professional development of the faculty members of the various community and technical colleges, faculty members are granted the privilege of indefinite appointment after they qualify for appointment under a system of tenure. The tenure system is intended to provide for orderly administrative procedures and due process regarding the granting and revocation of tenure status.
Faculty members who also hold appointments as department heads, division heads, or other administrative officers who also qualify for tenure shall hold tenure only with respect to their appointments as members of the faculty and not to their appointments to supervisory or administrative positions.
Content of written agreements with faculty members
Under the Tenure Act, written agreements with faculty members (teachers, librarians, and counselors) that delineate the terms and conditions of employment must be provided immediately upon employment (see RCW 28B.50.855).
The term “exempt” when applied to an employee or position within the community and technical college system is intended to mean that the employee or position is not “covered” or is “exempt” from the civil service rules, the tenure program and, typically, from the local collective bargaining agreement. Other terms often used to refer to this group of employees include “administrators,” “professional staff” and “administrative exempt.” Exempt employees are given “administrative appointments” (see RCW 28B.50.851 and RCW 28B.52.020).
Statute provides each board of trustees the authority to hire, set the duties and salary for presidents, faculty and “such other administrative officers” (exempt employees). Statute requires the State Board to identify the permissible elements of “compensation” (see RCW 28B.50.140; WAC 131-16-500).
For the purposes of faculty collective bargaining, “Administrator” is defined to mean any person employed by a college district that performs administrative functions at least fifty percent or more of his or her assignments and has responsibilities to hire, dismiss, or discipline other employees. Statute prohibits administrators from being members of the faculty bargaining unit unless a majority of the administrators and a majority of the bargaining unit agree to their inclusion (see RCW 28B.52.020).
Certain exempt employees may organize, form a bargaining unit and collectively bargain salary and working conditions with their higher education employer (see RCW 41.56.021).
- Collective Bargaining for Civil Service Classified Employees
The Public Employee Relations Commission has statutory authority to establish rules governing collective bargaining between community college classified employees and each community college’s board of trustees (see RCW 41.80, Public Employee Relations Commission).
- Collective Bargaining for Technical College Classified Employees
The Public Employee Relations Commission has statutory authority to establish rules governing collective bargaining between technical college classified employees and each technical college’s board of trustees (see RCW 41.56, Public Employee Relations Commission).
- Collective Bargaining for Community and Technical College Faculty
The Public Employee Relations Commission has statutory authority to establish rules governing collective bargaining between faculty and each board of trustees (see RCW 41.56, Public Employee Relations Commission).
- Collective Bargaining for Exempt Employees
The Public Employee Relations Commission has statutory authority to establish rules governing collective bargaining between exempt employees and each college district's board of trustees (see RCW 41.56, Public Employee Relations Commission).
|Section Amended||Collective Bargaining||11/01/2006|
Eligible faculty and exempt administrative and professional staff members may participate in a State Board-sponsored retirement plan. Newly eligible employees may participate in the Washington State Teachers' Retirement System or Washington Public Employees' Retirement System.
- State Board Retirement Plan (SBRP) — The State Board has made available to eligible faculty and exempt administrative staff in Washington state community and technical colleges, retirement plans funded through the Teachers Insurance and Annuity Association (TIAA), a non-profit organization that serves employees of educational and scientific institutions (see the Plan Document of Summary Plan Description for specific details).
- Washington State Teachers' Retirement System — The Washington State Teachers' Retirement System provides a retirement pension and annuity program for teachers, including members of community or technical college professional education staffs. Participation in WSTRS requires an employee's contribution based on total covered earnings.
- Washington Public Employees' Retirement System — The Washington Public Employees' Retirement System is a retirement system for state employees other than faculty and administrative staff in educational institutions. Eligible personnel in community and technical colleges are required to participate in the system, if not eligible for the SBRP or WSTRS.
- Federal Social Security (OASI) — All state employees in Washington are covered by the Federal Old Age and Survivors Insurance program, commonly called Social Security, through an agreement between the state and the federal government. Participation is mandatory.
- Deferred Compensation Program — The State of Washington offers all state employees the opportunity to participate in a deferred compensation program that allows deferral of federal income taxes on a portion of the employees' annual income. The program is administered by the Department of Retirement Systems and operates under federal Internal Revenue codes that govern the amount of tax deferral allowable. Amounts of annual income specified by the employee are invested on his/her behalf in investments chosen by the employee from among several options. Higher education employees who also participate in the voluntary purchase of tax-deferred annuities, through State Board Voluntary Investment Program (SBVIP) for example, must combine such amounts with any invested through the deferred compensation program when determining whether the combined total is within the limits as allowed by Internal Revenue rules.
The Public Employees' Benefits Board makes available health, dental, accidental death, long -term disabilities, and life insurance plans in which eligible higher education employees may participate. The legislature designates the amount of the monthly employers’ and any employees’ premium contributions paid for each participating employee.
Annual (vacation) leave
Annual (vacation) leave is available for exempt employees in community and technical colleges (see RCW 43.01.042).
Provisions regarding annual vacation leave for classified employees are established by civil service rules or collective bargaining agreements.
Leaves of absence
Leaves of absence for faculty and exempt administrative employees, including sick leave, are available for employees in community and technical colleges (see RCW 28B.50.551).
Leave provisions for community college classified employees are determined by the civil service rules or collective bargaining agreements (see WAC 357-31).
Provisions governing technical college classified employees are bargained locally. Under certain circumstances, employees may be remunerated for unused sick leave (see RCW 41.04.340).
Compensation for unused leave
Unused annual (vacation) leave at the time an employee terminates due to death, reduction-in-force, resignation, dismissal, or retirement is compensated at the employee's current salary rate. This process is governed by statute, collective bargaining agreement or local policy.
In each January, after a minimum of 60 days of sick leave is accrued, unused sick leave accrued in the previous year and above the 60 day minimum may be "cashed out" and removed from the employee's leave record at the employee’s option so long as the employee’s balance does not go below sixty days. Remuneration for unused sick leave may be received, at the rate of one day's salary for each four full days of accrued sick leave. Also, at the time of termination due to death or retirement, the employee's estate or the employee may receive remuneration for all unused sick leave at the one-for-four rate. Pay for unused sick leave at retirement is not calculated in retirement benefits.
Statutes provide for the development of Voluntary Employee Benefit Accounts (VEBA) that allow for employees to deposit, at retirement, the funds received for the remuneration of unused sick leave into an account from which medical expenses may be paid (See RCW 28B.50.553; RCW 41.04.340; WAC 131-16-067; WAC 131-16-068 and WAC 357-31-375).
State law identifies the recognized legal holidays. Only one, the personal holiday, is required by law to be a paid holiday. The appropriate personnel authority — district boards of trustees for exempt employees and the Washington Personnel Resources Board for community college classified employees — may designate which of the other holidays will be paid holidays.
The 11 designated legal holidays are New Year's Day, Martin Luther King's birthday, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day immediately following Thanksgiving Day, and Christmas Day. The 12th, or personal holiday, may be selected by individual eligible employees consistent with college district procedures and/or collective bargaining agreement. Classified employees are entitled to receive all eleven holidays with pay.
If any of the specific state legal holidays are also federal legal holidays, but are observed on different dates, only the state legal holidays shall be recognized as holidays for state employees.
When a legal holiday falls on a Saturday, the preceding Friday is the legal holiday. When a legal holiday falls on a Sunday, the following Monday is the legal holiday (see RCW 1.16.050).
Legislative action affords employees certain benefits and conditions:
- Expands the definition of “veteran,” for the purpose of receiving certain benefits, to include a person who is in receipt of separation orders or documents that characterize his or her service as honorable (see RCW 41.04.007, RCW 41.04.010).
- Allows certain state and college employees or their spouses who are caring for them to access shared leave to attend appointment or treatments for service-connected disability (see RCW 41.04.665).
- Allows state and college employees to use vacation leave within their first six months of employment (see RCW 43.01.040, RCW 43.01.041).
- Adds the use of shared leave for employees who are sick or temporarily disabled because of pregnancy disability or for the purposes of parental leave to bond with the employee's newborn, adoptive or foster child (see RCW 41.04.650, RCW 41.04.655, RCW 41.04.660, RCW 41.04.665).
- Makes revisions to definitions, voluntary plans, waiting periods, authorizes employers to waive statutory provisions and to offer supplemental benefits, and adds privacy provision to Family and Paid Leave program (see RCW 50A).
- Makes numerous revisions to the Paid Family and Medical Leave program to provide clarity and improve the program's administration, including waiting periods, conditional waivers, and supplementation of benefits (see RCW 50A).
- Adjusts certain requirements of the Shared Leave program (see RCW 41.04.655, RCW 41.04.665).
- Requires agencies to allow employees to take paid leave as needed for participation in life-giving procedures (see RCW 41.06).
- Bargaining and Staffing
- Authorizes community and technical college boards of trustees to provide additional compensation to academic employees that exceeds the amount or percentage established by the Legislature (see RCW 28B.50.140).
- Requires an employer to provide the exclusive bargaining representative with reasonable access to new employees of the bargaining unit to present information about their exclusive bargaining representative to the new employee (see RCW 41.56, RCW 28B.52).
- Revises the state civil service act to include part-time employees in state civil service. Impacts hiring, promotion, transfer, layoff, recruitment, retention, classification, salary, discipline and training for part-time employees (see RCW 41.06.070).
- Establishes institution-specific contribution rates for the Higher Education Retirement Plan Supplemental Benefits (HERPSB) and provides for a biennial schedule for the rates to be revised by the Pension Funding Council (PFC) (see RCW 28B.10.423, RCW 41.45, RCW 41.50, RCW 43.84.092).
- Modifies the Employment Security Act to clarify the hours and wages for education employee compensation claims (see RCW 50.44.050, RCW 50.44.053, RCW 50.44.055).
- Establishes the Long-Term Services and Supports Trust Program to provide benefits for long-term services and supports to qualified individuals who need assistance with at least three activities of daily living (see RCW 44.44.040; RCW 43.79A.040, RCW 43.09, RCW 28B.04).
- Background Checks and Related
- Prohibits an employer from including any question on an application or inquiring into an applicant's criminal background until after the employer initially determines that the applicant is otherwise qualified for the position (see, RCW 49).
- Requires a criminal history record for current and prospective state employees and contractors authorized, or who may be authorized, by the employing agency access to federal tax information (see RCW 41.04.821).
- Expands the public disclosure exemption for records compiled by an employer-agency in an ongoing and active investigation of employment discrimination to include the names of complainants, other accusers and witnesses after the investigation is complete and expands the exemption to include investigations into violations of an agency's internal harassment and discrimination policies (see RCW 42.56.250).
- Exempts month and year of birth, photographs and payroll deduction information of government employees and volunteers held in certain personnel files and certain personal demographic details of individual state employees from public disclosure, but permits the news media to have access to full dates of birth and photographs (see RCW 42.56.250).
- Discrimination and Sexual Misconduct
- Modifies domestic violence leave provisions and declares that it is in the public interest to ensure that victims of domestic violence, sexual assault, or stalking are able to seek and maintain employment without fear of discrimination and have reasonable safety accommodations in the workplace and prohibits an employer from refusing to hire, discharging, demoting, suspending, discriminating, retaliating, or refusing to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault, or stalking (see RCW 49.76.010, RCW 49.76.040, RCW 49.76.060, RCW 49.76.100, RCW 49.76.120).
- Prohibits an employer from requiring an employee, as a condition of employment, to sign a nondisclosure agreement or other document that prevents the employee from disclosing sexual harassment or sexual assault occurring in the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee off the employment premises (see RCW 49.44).
- Addresses an employee's right to publicly file a complaint or cause of action for discrimination in employment contracts and agreements (see RCW 49.44).
- Requires the Human Rights Commission to convene a stakeholder work group to develop, adopt and post model policies and best practices for employers and employees to keep workplaces safe from sexual harassment (see RCW 49.60).
- Prohibits from disclosure in response to a public records request certain records concerning state agency employees who have made a claim of workplace sexual harassment or stalking, or are named as the victim in the claim if the requestor is the person alleged in the claim to have harassed or stalked the victim and the agency issued discipline to the requestor as a result of the claim after an investigation was conducted (see RCW 42.56).
- Requires postsecondary educational institutions to complete investigations into sexual misconduct, make written findings of whether sexual misconduct complaints or allegations are substantiated, and maintain substantiated findings in an employee's personnel file or employment records and exempts personal identifying information held in personnel, student, or investigation files by institutions from the Public Records Act (see RCW 42.56).
|Passage of SB 1369||Veteran Definitions||07/23/2017|
|Passage of E2SHB 1802||Veteran Shared Leave||07/23/2017|
|Passage of SHB 1521||Vacation Leave||07/01/2017|
|Passage of ESHB 1434||Pregnancy Shared Leave||07/01/2018|
|Passage of SHB 1399||Family and Paid Leave||07/28/2019|
|Passage of SHB 2614||Family and Paid Medical Leave||06/11/2020|
|Passage of HB 2739||Shared Leave||03/17/2020|
|Passage of SB 6123||Organ Donor Leave||06/11/2020|
|Passage of EHB 1237||Faculty Bargaining||06/07/2018|
|Passage of ESHB 6229||Bargaining Representative Access||06/07/2018|
|Passage of HB 2669||Civil Service Part-Time Employees||06/07/2018|
|Passage of 2SHB 1661||Higher Education Retirement||07/01/2020|
|Passage of SHB 2703||Education Employee Compensation Claims||06/07/2018|
|Passage of 2SHB 1087||Long-term Services and Support||07/28/2019|
|Passage of 2SHB 1298||Job Applicants and Criminal Background||06/07/2018|
|Passage of HB 2208||Federal Tax Information Background Check||06/07/2018|
|Passage of EHB 2020||Employment Investigation Records||07/28/2019|
|Passage of 2SHB 1888||Employee Information Disclosure||06/11/2020|
|Passage of HB 2661||Domestic assault/employment discrimination||06/07/2018|
|Passage of SSB 5996||Workplace Sexual Harassment Nondisclosure Agreement||06/07/2018|
|Passage of SSB 6313||Employment Contracts/Discrimination||06/07/2018|
|Passage of SB 6471||Model Sexual Harassment Policies||06/07/2018|
|Passage of ESHB 1692||Agency Employees Harassment Claims||07/01/2019|
|Passage of ESHB 2327||Sexual Misconduct/Post-secondary||06/11/2020|
Last Modified: 8/30/21, 11:38 AM