Northeast Texas Community College
Date issued/revised: 11/25/2008
Policy 4:12:04
Page 1 of 2
04: REDUCTION IN FORCE
A. This policy shall apply only to reductions in force of contractual employees when the
reduction in force requires the termination of contract employees.
B. DEFINITIONS
1. “Financial exigency” shall mean any event or occurrence that creates a need for
the District to reduce financial expenditures for personnel including, but not
limited to, a decline in the District’s financial resources, a decline in enrollment, a
cut in funding, a decline in tax revenues, or an unanticipated expense or capital
need.
2. “Program change” shall mean any elimination, curtailment, or reorganization of a
curriculum offering, program, or college service. The term shall include, but not
be limited to, a change in curriculum objectives, a modification or reorganization
of staffing patterns on a particular campus or District wide, a redirection of
financial resources to meet the educational needs of the students, a lack of student
response to particular course offerings, or mandated revisions to programs.
3. “Discharge” shall mean termination of a contract during the contract period.
4. “Nonrenewal” shall mean the termination of a term contract at the end of the
contract period.
C. GENERAL GROUNDS
A reduction in force may take place when the Board determines that financial
exigency or a program change requires the discharge or nonrenewal of one or more
employees in accordance with this policy. Such a determination constitutes sufficient
cause for discharge or nonrenewal.
D. SCOPE OF REDUCTION
When a reduction in force is to be implemented, the president shall make
recommendations to the Board and the Board shall determine the employment area(s)
to be affected. In determining affected employment areas, the Board may designate
particular employment areas (such as an individual department or program) or
combine employment areas (such as allied health programs).
E. CRITERIA FOR DECISION
After a determination by the Board that a reduction in force is to be implemented, the
president shall recommend to the Board the discharge or nonrenewal of employees
within the affected employment area(s) because of a reduction in force, after
evaluating the following criteria, in the following order of importance, for employees
employed in the affected employment area(s).
1. Qualifications: Educational background, number of areas qualified to instruct,
professional work experience, professional license or certification and other
published qualifications for the position(s) in issue.
2. Performance: Effectiveness as reflected by performance appraisals and other
relevant personnel records.
Northeast Texas Community College
Date issued/revised: 11/25/2008
Policy 4:12:04
Page 2 of 2
3. Seniority: Years of service to the College, as measured from the employee’s most
recent date of hire.
The president will apply these criteria in sequence. In other words, if the president
can distinguish between employees in the affected employment area on the basis of
qualifications, performance and seniority will not be considered. If employees in the
affected employment area cannot be distinguished based upon qualifications,
performance will be considered. If the employees in the affected employment area
cannot be distinguished under the first two criteria, qualifications and performance,
then seniority will be considered.
F. CONSIDERATION FOR AVAILABLE POSITIONS
Once the president has identified the employees in the affected employment area to be
impacted by the reduction in force, those employees shall be notified of their potential
discharge or nonrenewal. Affected employees may apply for other available positions
for which they are qualified. An employee is responsible for reviewing posted
vacancies, submitting an application, and otherwise complying with College
procedure to be considered for a particular vacancy. Up until the employee’s final
discharge or nonrenewal, an affected employee will be offered a position to fill an
existing vacancy if the employee meets the College’s objective criteria for a vacant
position and is the most qualified applicant for the position. After identifying affected
employees and notifying the affected employees of their potential discharge or
nonrenewal, the president will initiate nonrenewal or discharge of the affected
employees, consistent with College policy, in order to effectuate the reduction in
force.