AFT 1493 President Monica Malamud addressed the SMCCCD Board of Trustees on July 28 to inform them about inappropriate early class cancellations and conversions of online classes to in-person classes, which have resulted in significant decreases in enrollment. She also raised concerns about unaddressed health and safety issues that still need to be addressed before faculty return to in-person work. Watch her statement below:
In the MOU for Fall 2021 that AFT 1493 recently negotiated with the District, we were happy to agree on the provision that, for Fall semester, course sections that achieve an enrollment of at least 10 students will not be canceled for low enrollment. This provision helps ensure that the District is able to offer workable options to both students who prefer to take classes in person and those who want to continue taking classes online. However, we were dismayed to hear recently that deans have already begun canceling Fall online courses that currently have fewer than 10 students and that there have been efforts to convert online courses to in-person classes.
AFT 1493 asks all faculty scheduled to teach this Fall: Please print or take a screenshot of all rosters for your Fall 2021 courses at least once a week from now until Census Day on September 7.
In addition, please reach out to AFT by emailing kaletzky@aft1493.org immediately if one of the following happens to you:
Faculty members and students spoke out at the July 14 Board of Trustees meeting to call on the District to stop these class cancellations.
Click on the links below to watch the specific public comments described:
Many students do not register for courses until just before the semester starts. By canceling classes now, before they have time to fill, the District is depriving those students who are registered of the chance to take a course that works for their schedule and allows them to achieve their educational goals on the timeline they’ve planned. While the District plans to open new in-person sections with the expectation that students whose online courses are canceled can register instead for those in-person courses, many students have made their plans for work, childcare, and family responsibilities based on the knowledge that they would be taking classes remotely. Many of these students cannot suddenly pivot and rearrange their lives to take courses in person.
Class cancellations also impact our faculty, particularly adjunct faculty, who often work across multiple institutions to make enough money to live on. While an adjunct may have an online course canceled and be offered an in-person course instead, the course may meet at a time that they’re scheduled to teach at another institution. As a result, adjuncts whose online courses are canceled stand to lose significant income—even if they are later offered in-person courses.
Adjuncts have made a commitment to this District when, in many cases, they could have accepted a teaching offer elsewhere—and many adjuncts have made that commitment based on the announcement that their fall courses would be online. Students have made plans based on this same announcement. We know that many faculty and students are excited to return to campus this Fall and we support any effort to boost our District’s enrollments. What we are asking is that, as the District moves forward with its plans to add in-person sections, it also stays true to its promise of offering “something for everyone” by giving online sections reasonable time to fill. Deans must be instructed to wait to cancel Fall online courses that currently have fewer than 10 students. Classes must be given sufficient time to fill so that our students’ educational plans are not derailed, and adjunct instructors do not needlessly lose an essential source of income. Faculty and students are depending on these sections.
* The audio of one of the public comments was not audible in the video recording. The following statement was read by Eric Brenner (Skyline College Librarian) on behalf of a Skyline Anthropology professor who had two summer online sections cancelled:
At negotiations sessions on June 29th and 30th, AFT and the District reached agreement on a Memorandum of Understanding for the Fall 2021 semester. The MOU contains special provisions for faculty work in the context of the pandemic and includes articles covering both remote and on-campus work. AFT and the District also stipulated that the conditions of the Spring 2021 MOU will continue to apply through the Summer 2021 term.
Read a summary of the Fall 2021 MOU on the AFT 1493 Negotiations Update page.
Note: Below is an email from Skyline Anthropology Professor Lori Slicton, who gives an overview of the process to obtain reasonable accommodations for faculty who have a disability covered by the Americans with Disabilities Act (ADA). Many health conditions qualify as disabilities for which an employer must provide reasonable accommodations. However, we also want to let you know that you may be eligible for accommodations beyond those required by the ADA.
AFT has negotiated a Memorandum of Understanding for Fall 2021 providing that “The District will support all faculty, instructional and non-instructional, who do not yet feel comfortable to return to in-person work by informing them of their rights and ask if they want to engage in an interactive process to explore eligibility/availability of reasonable accommodation such as but not limited to working remotely, alternate worksites, flexible scheduling, and leaves of absence.” There are many reasons a faculty member might request an accommodation according to this provision: for example, they may care for someone or have someone in their household who is immunocompromised or at increased risk of complications from Covid-19. If you think you may qualify for an accommodation according to our MOU, we recommend that you get in touch with AFT by emailing kaletzky@aft1493.org so that we can advise you as you initiate the interactive process.
– Marianne Kaletzky, AFT 1493 Executive Secretary
Dear Colleagues,
Amid an evolving pandemic, the SMCCCD continues to move toward in person work. In this context, numerous faculty have expressed their health concerns if required to return to our colleges in Fall 2021/ Spring 2022. While some employees prefer to return to campus, it may not be the healthiest option for all. This rapid transition by the SMCCD has amplified the need for faculty to understand their options under the Americans with Disabilities Act of 1990 (ADA).
Central to the ADA is the ability to request Reasonable Accommodations in our workplace. Our workplace in this case might mean working remotely and/or negotiating a hybrid (combination of working on campus and remotely) with our Dean.
The AFT, in a proactive effort, seeks to advocate for faculty who need to request Reasonable Accommodations under the ADA. Reasonable accommodations are a legal right under the ADA, a Federal law. Disability here refers to someone with emotional and/or physical issues that interfere with their major life activities. In this case, our employment within the SMCCCD is the major life activity.
The SMCCCD, as an employer with more than 15 employees, is required by law to provide reasonable accommodations to qualified employees unless there is “undue hardship” (such as, too extensive, too disruptive, excessive cost). These are generally not an issue for the SMCCCD.
Reasonable accommodations can be requested at any time. However, it’s best to begin the process as soon as the need has been identified. Some faculty may feel vulnerable and/or fear retaliation. If that is the case, please do not hesitate to contact the AFT. We are here for YOU!
Employees need to initiate an Interactive Process with their supervisor (such as Dean, Human Resources) indicating their needs. If the employer is not made aware of a need for accommodations, they are not obliged to provide them. Some disabilities are not visible and employers may request medical documentation verifying that the employee qualifies to receive accommodations. It is common for employers to request medical verification for accommodations whether or not the disability is obvious. Medical documentation should be focused on the specific accommodation needs.
The accommodations may require adjustments over time per the employee’s changing needs.
This can be helpful to both the employee and the employer.
Accommodations can be temporary, on a trial basis or long term. Accommodations may change over time and require adjustments between the employee, employer and the experts who understand the employee’s ADA needs.
Yes.
Working remotely may be the healthiest option for many employees due to Covid-19, inferior work facilities or other health concerns. If there is a bright spot in this last year, it might be that faculty learned to work remotely—and REALLY WELL!!! Bravo! Working remotely can be addressed with your health care provider(s) to determine what is best for you.
Per the Equal Employment Opportunity Commission (EEOC), which is the Federal agency charged with enforcing the ADA, it is not necessary to put a request into writing. However, documentation can prove valuable if conflicts arise, and is encouraged. The ADA does not require a specific form. Faculty can request that an AFT representative assist them in this process.
Below is a sample form letter from JAN, the Job Accommodation Network, for requesting accommodations under the ADA. The SMCCCD may have an in-house form, but JAN’s is a good model for reference.
Date of Letter
Your name
Your address
Employer’s name
Employer’s address
Dear (e.g., Supervisor, Manager, Human Resources, Personnel):
Content to consider in body of letter:
Sincerely, Your signature
Your printed name
Cc: to appropriate individuals
Please do not hesitate to reach out to AFT if you want to discuss your eligibility for accommodations and/or want help requesting accommodations!
In unity,
Lori Slicton
Professor of Anthropology, Skyline College
