Employee Handbook
XXII. Reduction in Force Procedures30
A. Definitions
"Reduction in Force (RIF)" means the dismissal of an instructor,
professor, administrator,
or other professional employee before the end of a contract term for
reasons of financial
exigency or program change. Non renewal of an employee's term contract
is not a
"reduction in force" as used in Board policy.
"Financial exigency" means any decline in the Board's financial
resources brought about
by decline in enrollment, cuts in funding, decline in tax revenues,
or any other actions or
events that create a need for the District to reduce financial expenditures
for personnel.
“Program change" means any elimination, curtailment, or reorganization
of a curriculum
offering, program, or school operation because of lack of student response
to particular
course offerings, legislative revisions to program funding, or a reorganization
or
consolidation of two or more divisions or departments.
B. General Grounds for Dismissal
Pursuant to a contract provision, a reduction in force may take place
when the Board
determines that a financial exigency or program change requires that
the contract of one
or more teachers, administrators, or other professional employees be
terminated. Such a
determination constitutes the necessary cause for dismissal.
C. Employment Areas
A reduction in force may be implemented in one, several, or all employment
areas.
Employment areas shall be defined as:
- Administration
- Associate degree programs
- Certificate degree programs
- Remedial and other programs
- Academic support programs, such as library or computer programs.
- Counseling and support programs.
- Other non-instructional professional staff
D. Criteria for Decisions
Using the following criteria, the College President shall determine
which particular
employees shall be RIFed and shall submit the recommendation to the
Board. These
criteria are listed in order of importance; the College President shall
apply them
sequentially to the selected employment areas until the number of staff
reductions
necessary have been identified, (i.e., if all necessary reductions
can be accomplished by
applying the certification criterion, it is not necessary to apply
the seniority criterion,
etc.):
Certification: Appropriate degree certificate and/or endorsement
for current assignment
required by the Southern Association of Colleges and Schools or Texas
Higher Education
Coordinating Board.
Seniority: Years of service in the College District.
Performance: Employee's satisfactory performance as reflected in
the annual
performance review process.
Professional background: Professional education and work experience
related to the
current assignment.
E. Board Action
After considering the College President's recommendation, the Board
shall determine
which employees shall be dismissed. The employee shall be given a statement
of the
reasons and conditions requiring such dismissal and shall, upon request,
be given a
hearing in accordance with the policy for termination during contract.
(See DMAA)
F. Appeals
Appeals of a dismissal, because of reduction in force, shall be handled
through the
hearing afforded under DMAA, rather than the grievance policy.
G. Rights of Employees Subject to RIF
An employee dismissed pursuant to this policy, if subsequently re-employed
by the
District, shall be credited with the amount of local sick leave that
had accrued at the time
of dismissal.
H. Reemployment
Upon written request, an employee dismissed pursuant to this policy
shall be notified in
writing of any subsequent availability of the position, for a period
of one calendar year
following the effective date of such dismissal. The notice shall be
mailed to the address
that was on file for the former employee at the time of dismissal unless
the District has
been notified in writing of a change of address. A former employee
so notified must
respond to the Board in writing within ten calendar days of receipt
of such notification if
the person wishes to be considered for the position. Any individual
who responds shall
he considered for employment on the same basis as all other applicants.
30 Board Policy DMAD Local, Issued 8-26-91 |
