General Procedures Regarding Layoff in Financial Exigency

No faculty member may be laid off without the explicit approval of the President of the College. All layoffs will be in accordance with FMLA and ADA laws and guidelines.
When circumstances necessitate laying off ranked faculty members for any of the reasons specified in Financial Exigency above, the institution will make a good faith effort, to the extent of the College’s financial ability, taking into consideration all of its financial obligations, to offer the faculty member concerned another academic position, if available, for which they are qualified. Likewise, should no other faculty position be obtainable, a staff position for which the faculty member is qualified, if available, may instead be offered. If placement in another position would be facilitated by a reasonable period of training, financial and other support for such training will be offered, as determined by the VPAA and the President to the extent of the College’s financial ability, taking into consideration all of its obligations. Decisions on what would constitute “a position for which the faculty member is qualified,” “a reasonable period of training” and/or “level of financial or other support” during the “transition process” will be determined by the VPAA in consultation with the affected faculty member, the relevant department/program and division Chair(s), Deans, and the Faculty Senate.
The refusal of the faculty member to accept the offer of new duties in either an academic or staff position for which, with reasonable period of training, they are qualified, constitutes a resignation by the faculty member from the institution. Should a faculty member file, and win an appeal, the resignation will not take effect.
If a tenured full-time or part-time faculty member is laid off, no replacement for their position will be hired within a period of three years unless the terminated faculty member has been offered reappointment under conditions comparable to those operative at the time of their layoff, and has been given a least two weeks after written notice of the offer of reappointment within which to accept the reappointment.
If a replacement is needed within three years to fill a position of a probationary full-time or part-time faculty member who was laid off, the College may at its discretion offer the terminated faculty member reappointment under conditions comparable to those operative at the time of their layoff. If the former faculty member accepts reappointment, service prior to layoff will be credited in full toward the probationary period for tenure and eligibility for promotion and sabbatical leave.

It shall be the duty of the laid off faculty member to keep the College informed of their current address for purpose of this section. An offer of reappointment sent by certified mail, postage prepaid, to the most recent address in College records shall be presumed received.
Terminations of ranked faculty appointments will be effective at the end of an academic year. Terminations of other faculty appointments will be effective at the end of a semester, either fall or spring.
Tenured faculty members who are to be laid off will be given notice by June 30^th, either that they are to be laid off at the end of the following academic year or that they will be laid off effective at the beginning of the upcoming academic year and receive one full year’s severance pay in lieu of a year’s notice.
Untenured faculty members will be given the usual notice required for non-reappointment. If their appointments are terminated before the end of the stated term, they will receive one-half the salary due them for the remaining term of their contract or one year’s salary, whichever is less.
Phased retirements will be used to the fullest extent possible to reduce or eliminate layoffs of tenured faculty.