“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:
- 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 RIF’d 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)
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.
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