12. Termination of Employment
Voluntary Resignation
Non-contractual Staff
Employees who decide to resign are requested to give two weeks notice in writing. Longer notice (four weeks or more) may be requested to help the District in its planning and in recruiting a replacement. Staff members will be paid through their last working day.
Contractual Employees
Any contractual employee may relinquish his or her position and leave the employment of the District at the end of the contract term without penalty, provided such employee submits written resignation prior to August 1 of the school year in which the employee resigns. A contractual employee who does not give the notice required by this section may be required to compensate the District for the additional costs of securing a temporary replacement. The Chancellor has the authority to grant exceptions to the deadline in extenuating circumstances (Lone Star College System Board Policy DMAB).
Non-Renewal of Contracts
Contractual employees may be non-renewed without cause to meet the best needs of the College or the District. In most instances, a contractual employee will be advised of the proposed non-renewal of his or her contract in his or her evaluation or through a personal communication with the LEO.
By Board Policy, the Chancellor will send a contractual employee written notice that he or she will recommend the non-renewal of the contract no later than March 1. The Chancellor usually provides this written notice by certified mail at the last address provided by the employee. In the event of failure to send timely notice of intention to non-renew, the Board shall elect to employ the faculty or non-faculty contractual employee serving under such annual appointment in the same capacity for the succeeding school year. The non-delivery or non-receipt of the notice does not constitute failure to provide written notice.
The faculty member or administrator who believes the non-renewal of his or her contract violates state or federal law may appeal the recommendation of non-renewal in the year the notice is provided, subject to the timelines contained in the policy. The employee may also use the Non-renewal Grievance Procedures to seek additional review by the President or LEO who has recommended his or her non-renewal.
This process is not valid in the event that the Board takes action for a reduction in force (Lone Star College System Board Policy DMA).
Faculty
Annual Contracts -- If the Board accepts the recommendation of non-renewal, the contract of a faculty member on a one-year contract will end at the end of that academic year.
Multi-Year Contracts -- Unless the Chancellor’s recommendation is revised by the action of the Board of Trustees or revised by the Chancellor, the faculty member shall not be awarded another multiyear contract and shall be employed by the District for the term remaining on the last awarded contract.
A faculty member with a two-year contract will still have the remainder of the current academic year and the whole of the next academic of year remaining on his or her contract. Before March of the following year, the faculty member will be advised that one of three actions will be taken:
- That no subsequent contract will be extended;
- That a one-year contract will be extended; or
- That a two-year contract will be extended.
Administrative Employees
If the contract is not renewed, the administrator’s contract will end at the end of the contract.
Reduction in Force
The District may reduce positions, including administrative, faculty, and non-contractual staff, due to legislative action, loss of enrollment, reorganization and/or consolidation of departments and divisions; deletion of course programs/activities; or a reduction in funding (Lone Star College System Board Policy DMAC).
Termination
Any District employee, contractual or non-contractual, may be immediately discharged for any one of, but not limited to, the following reasons: repeated failure to meet prescribed performance standards; failure to comply with official directives and/or established Board policies; conviction of a felony crime; or repeated and continued neglect of job responsibilities (Lone Star College System Board Policy DMB). No full time employee is to be discharged without the approval of the Vice Chancellor of Human Resources and the Chancellor.
Non-Contractual Employees
Non-contractual employees do not have property rights in their employment and may be dismissed at will. The District policy encourages supervisors to provide an employee with an opportunity to conform to acceptable norms through the Corrective Action process. If an employee considered for termination has not been through the Corrective Action process, the employee will usually be given reasonable notice of the proposed action and the grounds and a chance to respond. There is no right to appeal a termination of a non-contractual employee.
Contractual Employees
If the employee is a contractual employee (faculty member or administrative staff) and the termination occurs before the end of contract term, the ground(s) for termination are to be provided in writing. When practical, the contractual employee will be provided with an opportunity to be heard prior to termination. Often, the employee will be placed on leave with pay status but directed not to return to the workplace until the meeting regarding termination can be held. Immediate suspension, with a later opportunity to be heard either during or at the end of the investigation, may occur for behavior that poses a risk of danger or involves criminal misconduct.
In the event a contractual employee is recommended for termination, the employee should be given formal notice of the intention to terminate. When practical, the notice should be given in person to the employee by the supervisor. Otherwise, the notice will be given to the employee by letter.
- The employee should be notified that he or she has three calendar days to request a pre-termination hearing with the Administrative Review Officer;
- If the determination of the hearing supports the termination, the termination will go into effect. The Personnel Action Request (PAR) should reflect the date of termination.
As soon as a PAR recording the termination is received by System Office/HR, the Benefits Coordinator will issue a notification to ERS, who will then mail the employee COBRA information. (See the Human Resources Policy and Procedure Manual, section 4.6.11 for additional information). The terminated employee must be advised of his appeal rights under the Board Policy DMB.
The terminated employee must be advised of his appeal rights under the Board Policy DMB. This appeal right consists of the right to be heard before the NHMCD Board of Trustees to challenge the adequacy of the grounds for termination. A contractual employee who has been terminated for cause will not remain on the payroll during the pendency of the appeal, but will receive back pay if the termination is not upheld by the Board.