The Board of Trustees of Alamance Community College, upon the recommendation of the President, has the right to reduce College personnel in the event of (1) a decline in student enrollment; (2) financial exigency; or (3) program or organizational changes for demonstrable, bona fide institutional reasons. Separation of employees through reduction in force will not occur until every feasible alternative has been exhausted. However, in the event a reduction in force is necessitated, the College is committed to a rational, consistent, and non-discriminatory means of providing for an orderly reduction in College personnel. All contract termination’s resulting from a reduction in force must be approved by the Board of Trustees and must be made in accordance with the provisions of these regulations.
a. General Procedures
1. Termination: The cessation of employment for an employee before the expiration of the contract term for reasons of decline in student enrollment, financial exigency, or program or organizational change. It will also include the transfer to a lower-paying position, reduction to part-time employment, or a combination of these. The failure of the College to nominate an employee for a new contract after the expiration of the term of his or her employment contract is not a termination, and no objection may be filed under this policy.
2. Employee: “…Any individual employed by an employer” [the College] to provide services under a contractual appointment. [Title 29 U.S.C.§203(e)(1)]
3. Decline in Student Enrollment: A significant reduction in student enrollment on a full-time equivalency basis that necessitates the elimination, curtailment, or reorganization of a division or program within the College. This definition also includes new programs when the beginning student enrollment is insufficient to justify its initiation.
4. Financial Exigency: A demonstrable, bona fide reduction in the College’s financial resources that is brought about by a decline in enrollment or by other actions or events that compel a reduction in the College’s current operating budget.
5. Program of Organizational Change: Any elimination, curtailment, or reorganization of a program or division within the College, the reasons for which are not related to decline in student enrollment or financial exigency but are related to a demonstrable, bona fide institutional circumstance.
6. Day: Each calendar day, including weekends and holidays. When any time limitation prescribed by these regulations expires on a weekend or institutional holiday, said time limitation will be deemed to expire on the next scheduled workday.
b. General Requirements
1. The President will monitor the availability of financial resources, program needs, enrollment, and staffing requirements and will report his or her conclusions for significant budget realignment to the Board.
2. If the Board, in consultation with the President, decides that (1) a state of financial exigency exists or is imminent, or a significant decline in student enrollment has occurred, or a program or organizational change has occurred or should seriously be considered; and (2) termination of employment of one or more employees may be required as a consequence of any of these circumstances, it will prepare a statement that identifies with reasonable particularity the state of financial exigency, decline in student enrollment, or the program or organizational change. The statement will outline in terms as specific as circumstances permit the options readily apparent to the Board including any options that may involve termination of employment.
3. The President will publish a summary of the Board’s statement by any reasonable means calculated to bring it to the attention of all institutional employees, together with a statement as to the policies, procedures, and deadlines to be employed in the reduction in force process.
4. The President will charge the Vice Presidents with the responsibility for preparing a written report for their respective areas of responsibility. The report will detail advice and recommendations addressed to the precise circumstance and optional responses identified in the Board’s statement and the President’s directive and to any other responses or course(s) of action for the President’s and Board’s consideration.
5. Each Vice President, in consultation with applicable supervisory personnel, will submit a written report to the President detailing his or her advice and recommendations. If the Vice President determines that he or she must recommend action that will involve termination, the following prioritized determination criteria will be utilized:
(a) The necessity of the position to College operations in order to maintain a sound and balanced program consistent with the mission of the College.
(b) The employee’s performance.
(c) The relative skills, knowledge, productivity, and value of the employee.