Agenda Item 6814
June 2, 1997
SUBJECT: Consideration of Approval Proposed Policy on Due Process Requirements for
Employment Terminations, Replacing Related Current Policies, VIII-26
(Termination of Annual Contract Employees) and VIII-27 (Termination of Non-Contractual Employees)
RELATED BOARD POLICY OR PLANNING PRIORITY(Directive/Goal/Action Plan)
This item is consistent with Board Policy Principles, Policy I-5, and will consolidate and replace
existing policies VIII-26 (Termination of Annual Contract Employees) and VIII-27 (Termination
of Non-Contractual Employees).
PROPOSED ACTION
That the Board of Trustees adopt the proposed resolution to approve the proposed Board Policy,
VIII-25, Due Process Requirements for Terminations of Employment, replacing the existing
Policies VIII-26 (Termination of Annual Contract Employees) and VIII-27 (Termination of Non-Contractual Employees), and directs the administration, by October 15, 1997, to provide a report
on the pattern of usage of short-term and long-term adjunct faculty and hourly employees, as well
as an analysis of the advantages and disadvantages seen (considering the impact on quality,
diversity and flexibility as well as stability and fairness) in providinig various forms of due-process protection to long-term employees in these categories.
RATIONALE
The proposed policy would state the principles the Board wishes to have followed in dealing with
employment terminations. In addition to repeating the current provisions for full-time faculty
without substantive change, the policy would mandate that non-faculty staffing-table employees
be provided with certain due-process protections. The mandated probation and/or notice
provisions for such employees are similar to those they have enjoyed in practice in the past.
This version of the policy has been modified to address concerns expressed by legal counsel and
comments made at the May 5 meeting.
SPONSOR
Hunter Ellinger, Trustee
BUDGETARY CONSIDERATION
None.
RESOURCE PERSONNEL
Richard Fonte, President
ATTACHMENTS
Proposed Board Policy
Current Board Policy VIII-26 (Termination of Annual Contract Employees)
Current Board Policy VIII-27 (Termination of Non-Contractual Employees)
Manual of Policy
Title Due Process Requirements for Employment Terminations
Number VIII-25
Legal Authority By Approval of the Board of Trustees
Proposed New Policy
[Changes from the version discussed at the May 5 Board meeting are shown as strikethrough for
deletions and a bold for additions.]
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. Good Cause Immediate Termination: The employment of any person may be
terminated by the President without further compensation, regardless of appointment
status, for good cause for immediate termination as interpreted under Texas law. as
determined by the President. Good cause includes falsification of employment related
documentation or any conduct or condition which adversely affects to a substantial degree
the performance of duties or the meeting of responsibilities to the institution or to
students or associates.
2. Full-Time Faculty: Other than to address a substantial reduction in need for full-time
faculty in an instructional area (and then with at least 180 days notice before the end of a
fiscal year), or for good cause as defined above, the employment of full-time faculty
members shall not be terminated during the term of an appointment made under the
provisions of Policy VIII-72.
3. Non-Faculty Staffing Table Employees: Non-faculty employees serving in positions
which are in the current Staffing Table published by the President in accordance with
Policy VIII-6 may have their employment terminated without further compensation either
for good cause as defined above or under one or more of the following conditions:
a. at the time during the initial probationary period in a new position; no deficiency
notice is required in that case. at will during the first 180 days at the College as
a staffing-table employee.
b. after having been placed on probation and having, in the judgment of the College,
failed to adequately correct the performance deficiencies identified in the
probation notice 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 general reduction in workforce staffing 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 reduction is in response to a serious financial
emergency.
d. at the end of a fiscal year or after 120 days notice, whichever comes later from
the President, for employees in positions specified as supervisory,
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.
5. Notice and Hearing: A person whose College employment is being considered for
termination shall, when feasible, be given advance notice of the reasons and an
opportunity to respond to them.
6. Scope of Policy: These due process provisions apply only to overall employment and to
reductions in base compensation; the President may assign any College employee to new
duties at any time.
RECOMMENDED FOR DELETION--Policies VIII-26 and VIII-27
Title TERMINATION OF ANNUAL CONTRACT EMPLOYEES
Number VIII-26
Legal Authority By Approval of the Board of Trustees
Date Approved October 6, 1986, as amended March 9, 1987
Any person who is employed in a staffing-table position under annual written contract authorized
by the College Board of Trustees may be terminated during the contract term, regardless of
appointment status, for good cause as determined by the President. Good cause shall include, but
is not limited to, the following:
1. Professional incompetence;
2. Substantial neglect of professional responsibilities;
3. Moral turpitude adversely affecting the performance of duties or the meeting of responsibilities
to the institution or to students or associates;
4. Mental or physical disablement which substantially and adversely affects the performance of
duties or the meeting of responsibilities to the institution or to students or associates;
5. Unprofessional conduct adversely affecting to a substantial degree the performance of duties or
the meeting of responsibilities to the institution or to students or associates;
6. Necessary reduction in force at the end of an academic year as determined by the Board of
Trustees, based upon financial exigency or the phasing out of institutional programs requiring
reduction of work force.
Notice of the reasons for the proposed action and an opportunity to be heard shall be given to each contract employee whose termination is under consideration. In those instances of termination as a consequence of financial exigency or the phasing out of institutional programs, efforts at transfer/reassignment, where applicable, will be made.
Title TERMINATION OF NON-CONTRACTUAL EMPLOYEES
Number VIII-27
Legal Authority By approval of the Board of Trustees
Date Approved October 6, 1986
Non-contractual employees are those College employees who do not receive a contract and thus are
deemed to be terminable at will. The College may terminate a non-contractual employee in one of
two ways:
1. Termination With Notice
Termination with notice will be preceded by an information conference between the employee
and his or her immediate supervisor. During the conference the employee will be advised of the
reason(s) for the action and will be given an opportunity to respond. (See Termination With
Notice Procedure.)
2. Immediate Discharge Without Notice
Immediate discharge without notice when recommended by the immediate supervisor and is
determined to be in the best interest of the College at the Dean/Vice-President level. (See
Immediate Discharge Without Notice Procedure.)