Policy on Dismissal/Disciplinary Action: Contractual Personnel

Justifiable cause for dismissal and disciplinary action during the term of a contract shall include but not be limited to those items listed in this section. An employee may be suspended with pay by the Chancellor pending an investigation of an incident or when a proposal to terminate is pending before the Board of Trustees.

Justifiable cause for dismissal or demotion as applied to contractual personnel shall include the following:

1. Physical or mental incapacity that prohibits the employee from performing his or her contracted job function;
2. Conviction of a felony, crime involving moral turpitude, or a misdemeanor that is considered related to the employee's job;
3. Commission of a felony, crime involving moral turpitude, or a misdemeanor that is considered related to the employee's job. Moral turpitude is an act of baseness, vileness or depravity in the private and social duties which a person owes another member of society or society in general and which is contrary to the accepted rule of right and duty between persons. Examples but not by way of limitation are theft or attempted theft, swindling, indecency with a minor, etc;
4. Immorality, which is conduct not in conformity with the accepted principles of right and wrong behavior and is contrary to the moral standards of the community encompassed by the college district;
5. Habitual or excessive use of addictive drugs, hallucinogens or alcoholic beverages;
6. Assault on an employee, officer or student as defined in Section 22.0 (a)(1),(2),(3), Texas Penal Code;
7. Unsatisfactory performance of assigned duties based upon written evaluation (the employee shall be given 30-days notice in writing stating specifically the cause which, if not remedied, may result in dismissal or other disciplinary action);
8. Falsification of pertinent information regarding the employee's transcript and application for employment, regardless of when the falsification is discovered;
9. Failure to comply with directives and requirements of the employee's supervisor, failure to follow established policies and procedures of the college district as outlined by the Board of Trustees, or repeated and continuing neglect of duties and responsibilities, or insubordination;
10. Necessary reduction of personnel resulting from bona fide case of financial emergency. (where more than one employee is involved in a program area, the Chancellor will evaluate the employees involved and, after consideration of program area needs, qualifications and length of service, will recommend to the Board any reduction in contractual personnel);
11. Any employee who is required to hold a state license, registry or certificate in order to be qualified as an instructor, and lets the license, registry or certificate lapse or expire, will immediately become ineligible for employment and subject to immediate termination; and
12. For other good cause.
13. If it is proposed that a contractual employee be terminated or demoted (defined as being reduced in both rank and pay) during the term of his or her contract, the applicable procedures of Policy IV-G-3 shall apply. These procedures shall not apply to reassignments where the contractual employee is not reduced in both rank and pay during the term of the contract.

(Effective March 2, 1981. Revised March 7, 1983; and September 7, 1993 Reviewed February 5, 2008.)

Policy on Dismissal/Disciplinary Action: Non-Contracted Personnel

A noncontracted employee has no property right in his or her job and may be terminated for no reason or any reason, except that if a reason exists, it is not an unlawful reason.

(See Guidelines and Procedures, Section 4-15)
(Effective March 2, 1981. Revised August 9, 1982; March 7, 1983; and June 1, 1992)

Policy on Hearing Procedures for Dismissal or Disciplinary Action of Contractual Personnel

If it is proposed that a contractual employee be terminated or demoted (a demotion is defined as a reduction in both rank and pay but there is no demotion when a position is dissolved or altered as a result or reorganization which results in a professional employee being assigned to a position which is lower in rank and/or pay) during the term of a contract, certain procedural steps are to be followed. These procedural steps are not applicable to the nonrenewal of a term contract or the decision of the administration or Board not to offer the professional employee further employment with the college.

A. Discussions with the Employee

The campus President or his or her designee shall discuss any possible termination or demotion with the professional employee prior to the Chancellor's giving the contractual employee notice of any proposed action to terminate or demote. If the contractual employee is not under the jurisdiction of a campus President, the Executive Vice Chancellor or his or her designee shall assume this responsibility and the other responsibilities of the campus President under this policy.

B. Approval by the Chancellor

Any proposed termination or demotion must be approved by the Chancellor. If the Chancellor approves the proposed action, the Chancellor or his/her designee shall notify the contractual employee of the proposed action, the grounds for the action and of the right to a hearing before the Hearing Committee.

C. Request for a Hearing

If the contractual employee wishes to contest the proposed action, he or she may request a hearing before the Hearing Committee. Requests for a hearing must be made in writing to the Chancellor within 10 days receipt of the notice of proposed termination or demotion. If no request for a hearing is made within 10 days of receipt of the notice, the Chancellor may recommend to the Board of Trustees that the contractual employee be terminated or demoted, and the Board of Trustees shall take the action it deems proper.

D. The Hearing Committee

The purpose of the Hearing Committee is to afford a fair hearing on the merits of each proposal for dismissal or demotion and to make a recommendation for disposition to the Chancellor.

E. Appointment of the Hearing Committee

The Hearing Committee shall be comprised of five impartial contractual employees. Three members are to be designated by the campus President, one member by the contractual employee and one member by the Chancellor. There will be three committees.

As soon as practicable after the beginning of the fall semester of each year, each campus President shall designate three contractual employees (one faculty member, one administrator and one contractual [nonfaculty]) to serve on the hearing committees. The Chancellor shall take the nine contractual employees and place them on three committees with each having one administrator, one faculty member and one contractual (nonfaculty). The contractual employee shall have the right to select a fourth member of the committee. The Chancellor shall select the fifth member of the committee. The chair of each hearing committee shall be elected by a majority of the committee.

F. Impartiality of Hearing Committee Members

If any contractual employee appointed to serve on any hearing committee has had prior contact with the persons or circumstances involved in the proposed dismissal or demotion or the member feels that he or she cannot hear the evidence and make a fair and impartial recommendation, the member shall so advise the committee. If the committee member or the remaining members of the committee determine that this prior contact would prevent the member from impartially considering the facts and making a recommendation, the member shall be disqualified from serving on the committee. Upon such disqualifications, the Chancellor shall appoint a member of the same classification from another committee to serve.

G. Assignment of Dismissals or Demotions to the Hearing Committee

The Chancellor shall assign a proposed termination or demotion to the Hearing Committee in rotation so each committee will consider the same number of matters.

H. Procedures for Hearings

The administration has the burden of proof in a proposed termination or demotion during the term of a contract. The employee shall have the opportunity to be represented by counsel and shall have the right to present witnesses and documentary evidence, cross-examine adverse witnesses and make argument. The Chancellor shall promulgate additional procedures for the conduct of hearings by the Hearing Committee so long as they do not conflict with this policy.

I. Recommendations of the Hearing Committee

The Hearing Committee shall hear each matter assigned and formulate a recommendation for disposition to the Chancellor within 10 days of the close of the hearing and the preparation of a written transcript. The recommendation shall be based on the policies and applicable rules, regulations and administrative directives of the college. The committee's written recommendation shall contain certain findings of what occurred and specific statements of what action is recommended and why. The transcript of the hearing together with all documents received into evidence shall also be transmitted to the Chancellor.

J. Action of the Chancellor

The Chancellor shall review the committee's recommendation. Within 10 days of the receipt of the recommendation, the Chancellor shall accept, reject or modify the committee's recommendation and advise the parties in writing of his or her decision.

K. Action by the Board of Trustees

If the employee is dissatisfied with the Chancellor's decision, he or she may appeal to the Board of Trustees by giving written notice to the Chancellor within 10 days of receiving the Chancellor's decision. If the employee does not appeal within 10 days, the Chancellor's decision shall become final and nonappealable to the Board of Trustees, provided, however, that the Board of Trustees must approve or ratify the decision of the Chancellor.

The Board of Trustees shall, within 10 days of receiving the record (the transcript of the hearing before the Hearing Committee and any supporting documentation), set the appeal for a hearing at a regular or specially called meeting which should not be held later than 30 days after the date is set. Notice of the time, date and place for the hearing, together with a copy of the hearing record, shall be given in writing to the employee, the Chancellor and other applicable administrators, if applicable, at least 10 days prior to the date of the meeting.

The hearing before the Board of Trustees shall be based on the record developed before the Hearing Committee together with the decision of the Chancellor and correspondence generated in the appeal. No new evidence will be received by the Board of Trustees. The contractual employee and the administration shall be entitled to make oral argument based on the record developed before the Hearing Committee, within time restrictions set by the Board of Trustees. The Board of Trustees shall render a written decision within 30 days of the hearing with copies to be sent to the contractual employee, the Chancellor and other administrators involved.
(Effective March 7, 1983. Revised July 11, 1988; June 1, 1992 Reviewed February 5, 2008.)

Policy on Non-Renewal of Contractual Personnel

No cause is necessary for the college to non-renew a person's contract or not to offer further employment at the expiration of the term of the contract, provided however, that an employee may not be denied employment for an illegal or unconstitutional reason. Notice of non-renewal will be given prior to the expiration date of the contract.

(See Guidelines and Procedures, Section 5-17)
(Effective May 2, 1994; April 6, 1998.)

INTRODUCTION

This policy establishes a uniform process for implementing a reduction in force (RIF) at the College.

DEFINITION

A reduction in force is an action to downsize the size of the College’s work force within a particular unit, department, division, support area, campus, or location. A reduction in force may become necessary in the event of a financial exigency, program change or elimination, reorganization or restructuring, legislative directives, or other circumstances affecting the efficient operation of the College and the delivery of quality services. A “financial exigency” is an event or occurrence that creates a need for the College to reduce financial expenditures.

GENERAL POLICY

A. A reduction in force decision will be made without regard to the employee’s race, creed, color, national origin, citizenship status, age, disability, pregnancy, religion, gender, sexual orientation, gender identity, genetic information, or marital status. Veteran status will be considered when required by law.

B. Modification in or the elimination of jobs due to changes in funding for grants or external contracts are not subject to this policy.

C. This policy does not address or govern dismissal of an employee for misconduct, unacceptable performance, or other reasons specified in other Board policies.

D. The Chancellor will:

1. Determine when circumstances necessitate a RIF and present a written recommendation to the Board of Trustees that demonstrates the need for the RIF.
2. Consider and examine available alternatives that may eliminate the need for a RIF or limit its scope.

E. The Board shall determine whether a financial exigency or other circumstance exists that warrants a reduction in force under this policy. The Board’s determination constitutes sufficient cause for termination of an employment contract during the contract period.

F. The Chancellor shall establish a guideline for implementation of this policy. The guideline shall identify the criteria that will be utilized when determining which employees will be dismissed or released.

G. The College reserves the right to reassign employees to positions or locations at its discretion to meet operational needs.

H. Eligibility for Rehire 1. A former employee who is dismissed pursuant to this policy may apply for other available positions for which he or she is qualified. A former employee shall be responsible for reviewing posted vacancies and complying with College procedures to be considered for a particular vacancy.

I. Appeal of Dismissal Due to Reduction in Force

1. Termination During the Term of the Contract: An employee whose employment contract is terminated during the term of the contract shall be afforded due process.
2. Nonrenewal of Faculty Contracts at the End of the Contract Term: Full-time faculty members and librarians whose contracts are not extended shall be afforded grievance rights as required by Section 51.960 of the Texas Education Code.
3. Nonrenewal of Staff and Administrator Contracts Dismissal of At-Will Employees and Adjunct Faculty: Affected employees may present an appeal to the Chancellor or Chancellor’s designee.