Remediation applies to "unsatisfactory teaching performance"(contract article VIII,3).
Disciplinary Appeals Procedures apply to other types of disciplinary action which occur during a semester (contract article X).
“Remediation for Unsatisfactory Teaching Performance” (VII,3) is an important contractual right for faculty who have at least 51 credit hours. (Faculty with fewer hours may request remediation if they receive unsatisfactory evaluations, and P-fac recommends that they do so. However, faculty with fewer than 51 hours are not guaranteed remediation under the contract; it depends on persuading the department chair.)
The chair or designee is required to notify the faculty member of the “teaching deficiencies” and to provide guidelines for how the faculty member is expected to improve. A P-fac representative may attend this meeting if the faculty member so wishes (P-fac strongly recommends this). The department chair may (but does not have to) limit the faculty member to teaching one class during the evaluation semester.
After the remediation, the faculty member’s teaching must be reevaluated. The College may then “choose not to rehire” the person if his/her performance is not considered improved, and—unfortunately for us—there is no appeal procedure for this decision.
The College is also allowed to terminate a faculty member who refuses remediation.
Remediation for unsatisfactory teaching performance is the most protection the contract gives faculty for employment status. It is the only procedure that specifically protects experienced faculty from not being rehired for a new semester. Legally and contractually, otherwise the College may decide not to rehire any part-time faculty member for any or no reason—no matter what we may think of this ethically or practically.
“Disciplinary Appeal Procedures” (Article X) covers situations when a faculty member is disciplined during a semester. The article specifically excludes “decisions by the College not to rehire or renew a unit member’s appointment to teach for future semesters.”
The contract states that disciplinary action (including termination) during a semester be “for just cause” and defines “misconduct, i.e. an alleged act, omission, or failure to act.” This covers considerable territory. It should also be noted that remediation applies to teaching issues per se, but not to policy infractions or other non-teaching-related disputes.
The contract requires (VII,2D and X3&4) written notification and a meeting with the faculty member to inform her or him of the contemplated action and allow the faculty member to rebut the charges. A P-fac representative (or, technically, “a representative of his/her choosing”) may also attend this meeting.
Reprimands and warnings are supposed to be in writing, dated, and sent to the faculty member (VII,2D and X4), and only documented disciplinary action is grievable. This is a good reason to check one’s personnel file from time to time; there are not supposed to be any “surprises” inside. (You have a grievance if there are.)
If a faculty member is told he /she will be suspended or discharged, there is a 35-working-day period in which to file a grievance.
Anytime a faculty member has any difficulties with an administrator, P-fac recommends keeping a detailed chronology and contacting a department rep and/or the Grievance Chair as soon as possible. These measures will help P-fac help you.