| |
Southwestern
Community College - Policies and Procedures Manual |
| Procedure
Title: |
Reduction
in Force Procedure |
4.24.1 |
| Responsible
Division: |
Administrative
Services |
|
| Date
Approved: |
April
2001 |
|
| |
| 1. |
If
the Board of Trustees determines that there
is a necessity for a reduction in force because
of financial exigency, decline or change in
student composition or enrollment, or program
change, or other valid reasons which will
result in termination of any employee(s),
the following procedure shall be followed:
| a. |
Definitions
- the following terms have the meanings
indicated:
| 1. |
Day
- means the college working days,
except where calendar days are
specified. |
| 2. |
Degrees
Held - means the achievement
of educational degree(s) from
a recognized college or university
which is(are) directly related
to the needs of the college. |
| 3. |
Employee
- means any person employed by
the college under a full-time
or part-time contract. |
| 4. |
Financial
Exigency - means any
significant decline in the Board
of Trustee's financial resources
that compels a reduction in the
college's current operations budget. |
| 5. |
Length
of Service - means years
of employment with Southwestern
Community College for those with
a teaching assignment, a nine
month contract will constitute
one year of service. |
| 6. |
Performance
- means the appraisal of work
quality and effectiveness by the
employee's appropriate superiors. |
| 7. |
Productivity
- means the numbers of students
served and/or student credit hours
generated or the quantity/volume
of services produced by an employee. |
| 8. |
Program
Change - means any elimination,
curtailment, or reorganization
of a curriculum offering, program,
or college operation. |
| 9. |
Services
Performed - means the
scope and magnitude of activities
performed and/or directed by an
employee, but not limited to classroom
teaching, which are utilized by
the college. |
| 10. |
Skills
- means the areas of expertise
in which they have been trained
and the degree to which they have
been developed by an employee
and which are of benefit to the
college. |
| 11. |
Termination
- means the cessation of employment
before the end of a contract period.
The non-reappointment of an employee
on a specified term appointment
is not a termination, and no objection
to the non-reappointment may be
filed with this procedure. |
| 12. |
Training
- means instruction,
not normally leading to an academic
degree, which is related to needs
of the college. |
| 13. |
Years
of Experience - means
total years of work experience
related to an employee's current
position, regardless of location,
and for those employed with a
teaching assignment, nine month
contracts will constitute one
year of service. |
|
| b. |
Determination
- Once the Board of Trustees has determined
that there is a necessity for a reduction
in force, the President shall determine
the employment categories in which reductions
shall take place, the numbers of reductions
within affected categories, and the
particular employees to be terminated.
|
| c. |
| Selection
- In selecting which employees
within particular employment categories
are to be terminated, the President
shall give primary consideration
to the maintenance of a sound
and balanced educational program
that is consistent with the mission
of the college. Secondary consideration
will be given to the following
and will only be taken into account
in the event a decision cannot
be made based on the primary considerations:
|
| • |
Performance
|
| • |
Degrees
held |
| • |
Productivity
|
| • |
Training |
| • |
Skills |
| • |
Years
of Experience |
| • |
Services
Performed |
| • |
Length
of Service |
|
| d. |
Notice
- Notice of reduction in force termination
shall be by certified mail, return receipt
requested, to the employee to be terminated.
The notice shall include a statement
of condition requiring termination of
employment, date of the termination,
and other pertinent data. The employee's
address, as it appears on the college's
records, shall be deemed to be the correct
address. It shall be the employee's
responsibility to see that the college
has his/her current address on file.
|
| e. |
Timeliness
- An employee shall be given not less
than 30 calendar days notice before
the termination becomes effective, unless
the reason is financial exigency. When
termination is based on financial exigency,
the college shall make every reasonable
effort, consistent with the need to
maintain sound educational programs
and within the limit of available resources,
to give as much notice as is possible
under the circumstances of the financial
exigency. |
| f. |
Appeal
- Within ten days after receiving a
notice of termination, an employee may
appeal the action to the Board of Trustees.
Appeals may be made solely to determine
whether the decision to terminate was
arbitrary or capricious with respect
to that individual. Appeals under this
policy shall be limited to matters involving
termination of employment and shall
not apply to reductions in contract
length. An appeal of a reduction in
force decision must be in writing and
addressed to the Chairman of the Board
of Trustees, with a copy to the college
President. The appeal must specify the
grounds on which it is contended that
the decision was arbitrary or capricious
and must include a short, simple statement
of facts that the employee believes
supports the contention. |
| g. |
Conduct
of the Hearing - The hearing
shall, if possible, be conducted prior
to termination of employment. The Board
of Trustees may hear the case or direct
a committee designated by the Board
to conduct a hearing of the facts and
issues. The hearing shall include only
members of the Board of Trustees, the
employee, President, and such witnesses
as may be called in attendance, except
that the employee and the President
may each be accompanied by a person
who may give counsel. The cost of a
transcript, if desired, shall be done
by the party making the request. The
burden is on the employee to prove to
the Board by a preponderance of the
evidence that the decision to terminate
was arbitrary or capricious. A board
member who has a significant conflict
of interest shall disqualify himself/herself
or be excused by the Board's adoption
of a motion to disqualify himself/herself.
The committee shall report its findings
to the Board with recommendations. The
Board at its next meeting, or as soon
as possible thereafter, shall consider
the report and modify, alter, set aside
or affirm said report and certify its
findings to the President, which shall
be binding. Such a determination finally
concludes the appeal. If the Board determines
that the employee's contention has been
established, it shall direct the President
to so notify him by a written notice
and to state what correction action
will be taken. |
| h. |
Obligation
with Respect to Re-employment or Other
Employment
| 1. |
For
one year after the effective date
of a termination pursuant to this
procedure's provisions, the Board
shall not fill the position of
an employee whose employment has
been terminated without first
offering the position to the employee
who has been terminated. The offer
shall be made by certified mail,
return receipt requested, and
the employee shall be notified
that he/she must submit written
acceptance within five calendar
days. Failure to accept within
five calendar days, or rejection
of the position, eliminates all
re-employment rights of the employee.
|
| 2. |
An
employee who is re-employed within
three years, shall have restored
to him all of the sick leave he
had accrued on the effective date
of the termination. |
| 3. |
When
requested by the person whose
employment has been terminated,
the college shall give him reasonable
assistance in finding other employment.
|
|
| i. |
Exclusive
Reduction in Force Procedure
- This reduction in force procedure
is the only procedure that may be used
in a reduction in force. Any existing
grievance or appeal procedure for reconsidering
or examining an employee discharge,
non-reappointment, or grievance is not
available for considering an issue that
arises from a reduction in force and
shall not be used. Similarly, no other
personnel action other than a reduction
in force may be considered under this
reduction in force procedure.
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