Procedure 5.34.01 - Reduction in Force

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A person whose employment ends through a reduction in force is told of the decision in person and in writing by the president. Maximum notice is given an employee whenever possible. Notice should be given no less than 30 days prior to separation. The letter of notification should include the conditions requiring separation, a general description of procedures followed in making the decision, and the right of and procedure for appeal by the employee. The employee should acknowledge receipt of the letter by signing and returning a copy to the president.

An employee who desires to appeal the separation may do so in writing to the president. The Board, or a committee of the Board designated or appointed by the chair, reviews the employee’s written appeal and may invite the employee to appear before them. The employee’s written request for appeal must be delivered to the president within ten working days after the receipt of the letter of separation, or the right to appeal is forfeited. The Board or its representatives must render a decision within ten working days after the chair receives the request from the president. The decision of the Board or its representatives is final. The appeal process does not extend the minimum period of notification stated above.

An employee who is separated from the college through a reduction in force is given priority consideration for re-employment for 12 months, assuming performance standards, qualifications, and affirmative action guidelines are not violated. He/she receives copies of all position announcements from the college during this period. An employee who is separated from the college through a reduction in force may choose a 12-month leave of absence without pay in order to continue group insurance benefits (to be paid in full by the employee). Choosing a leave of absence without pay does not extend the time or alter the conditions under which priority for reemployment is provided. Factors to be used in implementing a reduction in force program are prioritized below:

1. Determination of the services or programs that can be eliminated or that can be assumed by other offices/persons/departments.
2. Consideration of relative skills, qualifications, knowledge, and productivity of employees as determined by personnel files, institutional records, and evaluation records with special emphasis given to the immediate supervisor’s evaluation.
3. A comparison of qualifications of personnel with required standards of external agencies (e.g., Southern Association of Colleges and Schools or North Carolina State Board of Cosmetic Arts).
4. A comparison of units earned under the state funding formula with positions filled within the institution.
5. Length of service at the college.

General considerations in minimizing the negative impact of a reduction in force program include the following:

1. Providing opportunities for enrolled students to complete their prescribed

program of study whenever possible.

1. Providing opportunities for regular (versus temporary) full-time personnel to assume duties normally assigned to part-time personnel whether in curriculum, extension, or other offerings of the college whenever possible.
2. Implementing cost reductions in non-personnel areas in order to minimize personnel reductions whenever possible.
3. Eliminating existing filled positions in order to fill vacant positions determined to be more critical.
4. Implementing temporary changes such as summer layoffs and/or reduced hours versus separations whenever possible.

Adopted:

Revised:

Reviewed: April 21, 2021