F-8. Due Process for Employees

F-8. Due Process for Employees

Value Statement:

  • ACC will be a responsible employer by treating employees fairly and respectifully, measuring performance, and appropriately address deficiencies.

Austin Community College supports good employee relations and harmonious working conditions. To attain such goals, the College shall maintain fair and expeditious procedures to resolve grievances.

The College's systems for employment decisions shall normally provide opportunities for experienced employees to correct perceived performance deficiencies or to find new employment in an orderly manner, but shall enable the College to act immediately when necessary. Accordingly:

[1] Immediate Termination: The employment of any person may be terminated by the President without further compensation, regardless of employment status, for good cause for immediate termination as interpreted under Texas law.

[2] Faculty: Other than to address a substantial reduction in need for faculty in an instructional area (and then with at least 180 days notice before the end of a fiscal year), or for good cause for immediate termination as defined above, the employment of faculty members shall not be terminated during the term of an appointment made under the provisions of Policy F-4 on Faculty Appointments.

[3] Non-Faculty Staffing Table Employees: Non-faculty employees serving in positions that are in the current Staffing Table published by the President in accordance with Policy F-6 may have their employment terminated without further compensation either for good cause for immediate termination as defined above or under one or more of the following conditions:

[a] at will during the first 180 days at the College as a staffing-table employee.

[b] after having been placed on probation and having failed to attain, within 90 days, a level of performance satisfactory to the College in the areas named in the probation notice.

[c] as part of a reduction in force in an area or a change in the type of work skills needed. In such a case, at least 90 days notice shall be provided except when the change is in response to a serious financial emergency.

[d] after 120 days notice from the President, for employees in positions specified as managerial or administrative in the staffing table; no probationary process is required in such cases.

[4] Other employees: The employment of other College employees may be terminated at will or, where applicable, in accordance with the terms of their contracts or appointments.

[5] Notice: A person whose College employment is being considered for termination shall be given advance notice.

[6] Scope of Policy: These due-process provisions apply to reductions in base compensation but not to the reassignment of duties; the President may assign any College employee to new duties at any time.

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The Austin Community College Board of Trustees adopted this policy on June 2, 1997 to replace the two policies on Termination of Employment for both Annual Contract Employees and Non-contractual Employees, VIII-26 and VIII-27. It was amended on May 1, 2000, March 31, 2003, and October 6, 2008.