Procedure 6.3.1: Appointment, Resignation, and Re-employment Procedures
Appointment
Employees of Haywood Community College are appointed by the President of the College and full-time employees are ratified by the Board of Trustees. The President may transfer, promote, reassign or demote any Haywood Community College employee. No applicant for employment or employee shall be deprived of employment opportunities or otherwise adversely affected as an employee because of individual’s race, color, religion, sex, national origin, political affiliation, non-disqualifying handicap or age.
Employment with Haywood Community College is defined by an employment contract. All contracts shall, in addition to the terms and conditions of employment, specify the duration of the employment. The contract constitutes the only agreement of employment between the employee and the College and it contains no implied continuation of employment beyond the duration agreed uponexcept as stated herein. Future employment is subject to affirmative action by the College’s President and Board of Trustees as appropriate.
Separation
The College requires a minimum of thirty (30) days written notice from an employee of their intent to terminate the contractual agreement of employment with the College. This procedure excludes from the thirty (30) day requirement separations due to death, disability and/or illness.
Faculty members may resign during the terms of their contractual agreement with the College only when accepted or agreed to by the President of the College. The decision to release a faculty member from a contract shall be made only upon the President’s finding that an exceptional and extraordinary circumstance has occurred which warrants such action.
Resignation during the term of a contract may require that all sums which may be due and payable arising out of the employment relationship shall be due the College at time of resignation, discharge, retirement, etc or as otherwise applicable. See also the Employee Checkout Procedure.
The President or designee may terminate a contract if in their sole discretion, sufficient funds are not available for the position, whether the position is supported with State, Federal, local or institutional funds or if student enrollment is not enough to warrant the position.
The President or designee may dismiss or suspend any employee of the College for cause; causes for such action are defined but not limited to those contained in the Disciplinary Actions,
Suspension and Dismissal policy and procedure. Any such action by the President or designee is subject to the Appeal Process Policy.
Voluntary Resignation Without Notice
An employee who is absent from work and who has not contacted their direct supervisor or some other College administrator for three consecutively scheduled workdays may be separated from employment; this will be deemed a voluntary resignation. Consideration may be given in cases of illness, accident and natural disasters; any such action by the President or designee regarding voluntary resignation for unscheduled and unreported absences are subject to the Appeal Process Policy.
Re-Employment
On an annual basis, the President, a supervisor, director, or vice president may decide not to recommend re-employment of an employee. The supervisor must forward the recommendation to the appropriate Vice President for review. If the Vice President supports the recommendation, it is then forwarded to the President. Except as provided, the decision not to re-employ an employee at the conclusion of a contract shall be made in accordance with this procedure. In exercise of his/her judgment, the President shall review recommendations by supervisors and Vice Presidents of the intent not to re-employ and will take into account and use as the basis of decision, in whole or in part, all factors deemed relevant to institutional interests; except that the decision may not be based upon discrimination based upon race, sex, religion or national origin of the employee.
The President shall inform the Board of Trustees at least annually of employees who will not be re-employed.
In the event any full-time employee will not be re-employed, the employee will be notified in writing no later than thirty (30) days in advance of the expiration of the contract. If notice is not given in writing at least thirty (30) days prior to the expiration date of the contract, the employment relationship shall continue without contract on a month-by-month basis until a new contract is offered or the employee is notified of termination. Decision by the College not to re-employ is not subject to the Appeal Process Policy.
Any full-time employee who does not wish to be considered for re-employment shall notify his/her direct supervisor in writing at least thirty days prior to the expiration of the contract.
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