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Procedure

03.03.040.c Involuntary Leave Without Pay/Reduction in Force

 

 

 

 

General Criteria for the President’s Decision
All decisions made under this Policy will take into consideration the needs of the population being served with respect to the College’s mission and goals while attempting to minimize the level of impact and quality of services provided. The primary consideration for the continuation or termination of an employee is the maintenance, within allocated resources, of a sound and balanced educational program as stated in the College’s Mission Statement. Responsibility will rest with the President working collaboratively with senior level administrators to determine the employee(s) affected by involuntary leave without pay or reduction in force based on recommendations from vice presidents, departments heads and/or other management personnel associated with the departments where proposed actions will be implemented.

Further, the President will consider relevant factors when considering a reduction in force or, if applicable, involuntary leave without pay, which may include, but are not limited to:

  • Written recommendations regarding staffing needs from supervisors;
  • Specific and overall program enrollment history and needs;
  • Source of available funds and applicable restrictions;
  • Other beneficial service by an employee to the College;
  • Length of service is also an important consideration in these matters, but a strict seniority rule will not be applied.
  • Employee performance evaluations.
  • Reassignments as an alternative to termination.

These factors are not listed in any particular order or rank.

President’s Decision and Notice to Affected Employees

Within 24 hours of the decision to terminate an employee, the President shall have delivered by written letter and certified mail such notice of termination, the effective date of termination, possible conditions of reemployment, and the employee’s right to appeal as prescribed in the procedures.  While excluding official holidays, full-time employees shall be given no less than 30 calendar days’ notice, and part-time employees shall be given no less than 15 calendar days’ notice.  The College, when requested, shall give the terminated employee reasonable assistance in finding other employment.

Request for an Appeal and Procedure

Within five (5) business days after receiving a notice from the President, an affected employee may request an appeal to the President. Such appeals may be held solely to determine whether the decision to terminate through a reduction in force or place the employee on involuntary leave without pay was arbitrary, capricious, discriminatory or otherwise a violation of this Policy.

The employee’s request must be in writing and delivered to the Director of Human Resources who will forward the request to the President. The written notice must specify the grounds on which it is contended that the decision was arbitrary, capricious, discriminatory or a violation of this Policy and must include a short, plain statement of the facts that the employee believes supports the contention.

No later than ten (10) business days from the President’s receipt of the employee’s Request of Appeal, the President’s Office will setup a time to meet with the employee. If the employee has retained legal counsel, the employee is required to notify the President’s Office within three business days prior to the meeting. Failure to do so, will be automatic grounds for a continuance if so desired by the President. No later than ten (10) business days from the meeting, the President shall provide the employee with his written determination to uphold, reject or modify the original decision.

Exclusive Remedy

The rights and remedies set forth herein constitute the sole and exclusive procedure in the event of a termination by reduction in force or involuntary leave without pay. No other personnel action or grievance may be asserted or considered under this Policy.