Section VI - Employment Matters

VI A 8

Employment Process - Non-tendering of a New Contract

To specify the notice and hearing requirements applicable to the non-tendering of a new contract for permanent full-time employees

  1. At least thirty calendar days prior to the expiration of the fiscal contract year (June 30) or the expiration of the employees contract of employment, those employees who will not be tendered a new contract will be so notified by certified letter, mailed to his/her residence address on record at the College. Where there is a discontinuation or reduction in a program due to a lack of funding and the College does not have adequate notification of this lack of funding, an exception to the notification would occur. Randolph Community College is not obligated to give an employee the reasons that he/she was not offered a new contract. The Randolph Community College Employment Contract itself constitutes the only agreement of employment and it represents the entire period of employment. In no instance is automatic continuation or renewal of the contract specified or implied anywhere in any of its provisions
  2. Failure to receive a new contract is not subject to a hearing procedure unless there have been claims of discriminatory actions that are prohibited by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 by the College. The decision to non-renew an employee’s contract may not be appealed to the Personnel Committee of the Board of Trustees or to the full Board of Trustees merely because the employee disagrees with the decision of the President. A thirty calendar day notice of non-tendering of a new contract is not required when the employee is on probation.
  3. If Randolph Community College decides not to tender a new contract to an employee, that employee shall be notified that he/she has a right to a hearing only if he/she can provide prima facie evidence showing that the non-tendering of a new contract was a discriminatory act that violated the employee’s rights under the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 by the College. If the employee has reason to believe that such a violation has occurred, he/she shall so notify the President and the Personnel Committee of the Board of Trustees in writing within ten business days of being notified that a new employment contract will not be offered, but may not appeal merely because the employee disagrees with the decision of the President. The employee shall have the burden of establishing a prima facie showing the involvement of a discriminatory act that violated the employee’s rights as listed above.
  4. After being notified in writing by the employee that he/she reasonably believes that his/her rights under the First Amendment of the U.S. Constitution,Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 have been violated in the decision not to offer a new contract, the Personnel Committee of the Board of Trustees (hereafter, Personnel Committee) shall set a date for the employee to submit written evidence to the committee for review within ten business days after notification from the employee.
  5. Within ten business days of receiving the employee's written evidence for review, the Personnel Committee shall notify the employee as to whether the evidence presented is sufficient to justify a hearing before the Personnel Committee. If the Personnel Committee does determine that the employee has a right to a hearing, then the employee shall be notified in writing by certified letter, delivered to his/her residence address on record at the College, of the specific date, time, and place of the hearing, that date being as soon as practically possible, but no more than thirty business days from the official date of the notification of his/her having a right to be heard by the Personnel Committee.
  6. The hearing shall be before the Personnel Committee. The employee shall have the right to present witnesses and evidence, to cross-examine witnesses and to be represented by counsel. Again, the employee shall have the burden of establishing a prima facie showing that his or her rights under the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 have been violated in the decision not to tender a new contract.
  7. If, in the Committee's opinion, the employee fails to establish a prima facie case, the hearing shall be terminated. If the Committee determines that the employee has established a prima facie case, the hearing shall be adjourned for a period of no more than fifteen business days, with the Committee specifying at the adjournment the date on which the hearing shall resume.
  8. When the hearing resumes, the President, his counsel, or delegate, shall have the burden of satisfying the Personnel Committee that the decision not to tender a new contract did not violate the employee’s rights under the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 by the College. The President, his counsel, or delegate, shall be entitled to present witnesses and evidence and cross-examine witnesses. At the conclusion of the President's evidence, the employee shall be given an opportunity to dispute the President's evidence.
  9. Within ten business days of the termination of the hearing, the Personnel Committee shall make a ruling on whether the College violated the employee’s rights under the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, and will notify the employee of its decision in writing. The Personnel Committee will not render a separate decision on the non-tendering of a new contract itself, but rather will determine whether the College violated the employee’s rights under the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
  10. If the Personnel Committee rules against the employee, the employee may appeal the ruling to the full Board of Trustees. The appeal request must be in writing and should include all materials presented in evidence before the Personnel Committee. At a time designated by the Board Chairman, the Board of Trustees shall meet in closed session to review the matter and determine whether to grant an appeal hearing to the employee. The employee will be notified in writing within ten business days as to the decision of the Board of Trustees on whether to grant an appeal hearing. If an appeal hearing is granted by the Board of Trustees, then notification to the employee and conduct of the hearing shall be in the same manner as for the hearing before the Personnel Committee. The Board of Trustees will not render a separate decision on the non-tendering of a new contract itself, but rather will determine whether the employee has received a fair hearing from the Personnel Committee in accordance with the Non-Tendering of a New Contract hearing procedures (2-9, above) and whether there has been a violation of the employee’s rights under the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 by the College. The decision of the Board of Trustees shall be final.
Definition of Terms
  1. Financial Exigency - A significant decline in the financial resources of the institution that is brought about by decline in institutional enrollment or by other action or events that compel a reduction in the institution's current operations budget.
  2. First Amendment - The First Amendment to the U.S. Constitution guarantees the following rights to U.S. Citizens: freedom of speech, religion, press, assembly, and to petition the government.
  3. Prima Facie - A fact that will be considered to be true unless disproved by contrary evidence; for example: A prima facie case is a case that will win unless the other side comes forward with evidence to dispute it.
  4. Business Days – Full/normal operating schedule excluding weekends (Sat./Sun.) and holidays.
  5. Title VI of the Civil Rights Act of 1954 – Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
  6. Title VII of the Civil Rights Act of 1964 – Prohibits employment discrimination based on race, color, religion, sex and national origin.
  7. Title IX of the Education Amendments of 1972 – No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity
    receiving Federal financial assistance.
  8. Section 504 of the Rehabilitation Act of 1973 – Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.
  9. Americans with Disabilities Act of 1990 – Prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.
Note: This policy does not apply when the employee is on probation. When the employee is on probation follow VI A5 & VI A.

 

Adopted: 04/15/1999

Revised: 10/19/2000, 04/18/2002,10/21/2004,01/20/2005, 05/17/2007, 07/17/2008, 07/16/2009