Feb 24, 2024  
DMACC Policies and Procedures 
    
DMACC Policies and Procedures
Add to Portfolio (opens a new window)

HR3816 - Reduction in Force (RIF) - Faculty


Procedures

Section: HUMAN RESOURCES PROCEDURES

SubSection: SEPARATION

Master List Section: Human Resources

 

  1. Institutional Regulations
    1. If it becomes necessary to reduce the number of Regular faculty or their work hours, the College shall conduct a reduction in force (RIF) in accordance with any applicable federal and state laws and regulations and the following guidelines. A RIF due to the elimination of special funds shall be conducted in the same manner as any other RIF.
      1. The College shall designate the program(s), disciplines and/or job titles where an employee reduction in force is necessary. The College shall first accomplish such reduction by not replacing employees in the designated programs who voluntarily resign or who retire.
      2. In the event reduction in staff within the designated programs, disciplines and/or job titles cannot be completed through resignation or retirement, the College agrees to notify the Association in advance of reduction in force at which time the Association may make its views and recommendations known concerning implementation of employee reduction in force.
      3. The College will determine the employees, within designated program(s), disciplines and/or job titles, to be laid off based upon a) competency as determined by the Evaluation Procedure, b) fulfillment of the requirements of the Quality Faculty Plan, and c) seniority. Seniority shall be the controlling factor in the layoff within the designated program(s) after the College has judged “a” and “b” to be equal.

        In unusual circumstances where the reduction entails combining of programs, the College will also consider educational training, teaching and work experience along with satisfactory fulfillment of the requirements of the Quality Faculty Plan.
         
    2. A RIF shall require the approval of the President and, if it will affect employees with continuing contracts, it shall require the approval of the Board of Directors.
    3. A RIF of an employee with a continuing contract shall be effective at the end of the employee’s contract year.
  2. Procedures
    1. Faculty Employees With Continuing Contracts (Non-Probationary)
      1. Shall be provided written notice no later than April 30th that the President will recommend termination or reduction of their continuing contract (RIF) at a Board meeting held on or before May 15.  The notice shall be delivered to affected employees or sent by certified mail.
      2. An affected non-probationary employee may request a private hearing before the Board of Directors within 5 calendar days of receipt of the written notice. Hearings shall be conducted in accordance with Chapter 279 of the Code of Iowa.
      3. If a hearing is not requested, the Board of Directors shall vote on the recommended RIF action at a meeting held on or before May 31. If approved, written notice of the RIF shall be delivered or mailed to the affected employee following the Board meeting.
      4. If a hearing is held but the employee is not satisfied with the Board’s decision, the employee may appeal the Board’s determination to district court in accordance with Chapter 279 of the Code of Iowa.
    2. Faculty Employees with Probationary Contracts
      1. Shall be provided written notice no later than April 30th that the Board has voted to terminate or reduce their probationary contract at the end of the faculty member’s current contract.  The notice shall be delivered to the affected employee or sent by certified mail.
      2. Within 10 days after receiving the notice, the probationary employee may request a private conference with the Board to discuss the reasons for termination.
      3. The Board’s decision shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the instructor.
    3. Human Resources shall initiate a Separation of Employment form after a RIF is finalized.
    4. Return to Employment Following a RIF
      1. Re-employment
        1. If an employee is rehired, the hire shall be considered a re-employment.
        2. If re-employed, the employee’s layoff shall not constitute a break in service for purposes of the original hiring date, which shall not be changed. However, the seniority date shall change.
        3. If re-employed, unused Sick Leave available at the time of the RIF shall be restored.
        4. Pay on re-employment shall be as recommended by the supervisor and as approved by the Vice President, or other direct report to the President, and Human Resources.


Cross Reference:
Policy HR423 - Reduction in Force  

Iowa Code 279.15 through 279.19

Adopted: July 11, 2017
Reviewed: Annually

Revised:
September 1, 2020

July 1, 2023



Add to Portfolio (opens a new window)