Procedure 6.25.1: Reduction in Force

Effective Date: Tue, Oct 08, 2002

Amended Date: Tue, May 13, 2008

This policy contains the following provisions to ensure fair and equitable treatment of all College employees with regard to a reduction in force:

  1. President’s Determination. If the President determines that circumstances are present and the termination of employment of two or more employees is a necessary or advisable consequence of that circumstance, then the President shall prepare a written Determination Statement for the Board of Trustees or its designated committee.
  2. Notification of Reduction in Force. Affected employees will receive both written and verbal notification from the President in the event a reduction in force is implemented. Written notice of separation (termination) should be given not less than 30 days prior to the employee’s separation, although notice of less than 30 days may be given in instances of extreme financial exigency or other circumstances beyond the College’s control.
  3. Reduction in force provisions apply to the following employees:
    1. Employees defined as “full-time employees”.
    2. Employees possessing at least one year of full-time continuous service.
    3. Employees who are actively employed or on authorized leave of absence.
  4. Appeals process.
    1. Right of Appeal to the Board of Trustees through the President. Any affected employee(s) may appeal his/her separation (termination) which comes as the result of a reduction in force; appeals must be in writing to the President and specify the grounds on which it is contended that the separation from employment (termination) was arbitrary or capricious and include a statement of facts that the employee believes to support his/her contention. The President will present the written appeal to the Board of Trustees, or a committee of the Board appointed by the Board Chairperson.
    2. Appeal to the Board of Trustees. The Board of Trustees, or a committee of the Board designated or appointed by the Board Chairperson will review the employee’s written appeal and may invite the employee to appear before the Board and/or committee. The Board of Trustees or designated Board committee shall conduct a formal review of the employee’s separation. At the employee’s request a hearing may be conducted. The standard of review utilized by the Board or its designated committee shall be whether or not the discharge from employment (termination) was arbitrary and capricious with respect to that individual. The burden of proof is on the employee to satisfy the Board or its designated committee by clear and convincing proof.
    3. Appellate Decision. The Board or its designated committee must render a decision within fifty-five (55) days after receipt of the appeal. The decision of the Board or its designated committee shall be final. The Board or its designated committee shall make its final decision regarding the appeal in public session in an appropriate manner.
  5. Reemployment Rights. An employee who is separated from the College through a reduction in force will be given priority consideration for reemployment in the same, similar, or related positions of employment for twelve (12) months assuming performance standards, qualifications, and affirmative action guidelines are not violated.
  6. Leave Without Pay Options. An employee who is separated from the College through a reduction in force may choose a twelve (12) month “leave of absence without pay” in order to continue group insurance benefits (to be paid in full by the employee). This opportunity shall not be construed as a limitation on the rights afforded by the Federal COBRA law to employees.
  7. Decision Criteria. Factors to be considered in implementing a reduction in force include, but are not limited to:
    1. The needs of the population being served with respect to the mission and goals of the institution while minimizing the negative impact on the level and quality of services provided.
    2. Determination of the services or programs which can be eliminated or which can be assumed by other offices/persons/divisions.
    3. Consideration of relative skills, qualifications, knowledge, and productivity of employees as determined by personnel files, institutional records, and/or other sources of information.
    4. A comparison of qualifications of personnel with required standards of external agencies.
    5. A comparison of units, positions, and dollars earned under the state funding formula to positions filled within the institution.
    6. Length of service at Haywood Community College.

General consideration in minimizing the negative impact of any reduction in force will include, but not be limited to:

The needs of the population being served with respect to the mission and goals of the institution while minimizing the negative impact on the level and quality of services provided.

Providing opportunities for enrolled students to complete their prescribed program of study whenever possible.

Providing reasonable opportunities, consistent with the College’s needs, for regular (vs. temporary), full-time personnel to be knowledgeable of and have opportunity to apply for position vacancies at the College.

Implementing reasonable cost reductions in non-personnel areas in order to minimize impact.

Eliminating existing filled positions in order to fulfill vacant positions judged to be more critical.

Implementing, when consistent with the College’s best interest, temporary changes such as summer layoffs and/or reduced hours versus separations.

The guiding principle in all decisions made under this policy will be the consideration of the needs of the population being served with respect to the mission and goals of the institution while minimizing the negative impact on the level and quality of services provided. Reduction in Force* (RIF) is the involuntary termination of two or more employees’ employment (contract) due to financial exigency, insufficient enrollment, program change, or major reorganization. The Board of Trustees of Haywood Community College directs the President to develop an appropriate procedure, which will be followed in the event circumstances require a Reduction in Force.

*This policy is the only College policy or procedure that may be utilized by an Employee with respect to a reduction in force. No other procedure exists or is available for considering any issue or matter that arises from a reduction in force. No personnel action other than a reduction in force may be considered under this Reduction in Force Policy.

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