Approved by ASBE May 2014
POLICY NAME: / 518.03 Reduction in Force GuidelinesEFFECTIVE: / 05/14/14
SUPERSEDES: / 03/26/09
Purpose of Guidelines
Jefferson Davis Community College has developed, utilizing input from a committee representative of its employees, the following operational guidelines for the implementation of Alabama State Board of Education Policy 624.01: Reduction-In-Force.
Reduction-In-Force Definition
A reduction-in-force for the purpose of these guidelines and as stated in Alabama State Board of Education Policy 624.01 is defined as a reduction in the number of full-time employees during situations where such reduction is made necessary by extraordinary circumstances such as, but not limited to, lack of sufficient funds; a decline in enrollment in a given course, program, or discipline to the extent that continuation of the course, program, or discipline either is or will likely become impractical or economically unreasonable; or a change in academic mission, administrative or ministerial function, of such a nature as to necessitate significant organizational changes. Not every release of an employee shall be considered a reduction-in-force. An isolated employee termination or non-renewal, particularly if done for just cause or as a result of a lack of satisfactory performance, shall not be considered a reduction-in-force for the purposes of this policy. Reduction decisions will be made without regard for the employee's race, color, sex, religion, national origin, age, or any other unlawful reason.
Notification
The State Board of Education, at the request of the President and upon the recommendation of the Chancellor, shall determine when it is necessary for Jefferson Davis Community College to implement its reduction-in-force procedures. Upon the formal approval by the State Board of Education of the implementation of a reduction-in-force action, the President shall, as soon as possible, notify all employees affected by the reduction-in-force.
Jefferson Davis Community College has identified each of its employees in terms of each employee's job description (to include minimum qualifications) and organizational unit. In the event of a proposed reduction-in-force, Jefferson Davis Community College shall identify each organizational unit and each employee to be affected by the reduction-in-force to the Chancellor and the manner in which the unit and employee shall be affected.
Reduction-In-Force Determination
In the event of a proposed reduction-in-force, the following factors will be considered in determining those employees affected by the action:
•A temporary and/or part-time employee performing the same duties as non-temporary full-time personnel shall be released prior to the release of any of the non-temporary full-time employee(s).
•A probationary employee performing the same duties as respective non-probationary employee(s) shall be released prior to the release of the non-probationary employee(s).
Approved by ASBE May 2014
The following factors shall be taken into consideration prior to the release of full-time, non-probationary employees:
•The requirements of any applicable court order or consent decree;
•Seniority at Jefferson Davis Community College in the respective job classification taking into consideration minimum qualifications for the respective position;
•Seniority at Jefferson Davis Community College in the respective organizational unit;
•Seniority in general at Jefferson Davis Community College.
If the President of Jefferson Davis Community College determines that a full-time, non-probationary employee who is not the senior person in a given job classification or occupational area possesses a certain license, certification, or job skill, the loss of which would be severely detrimental to the operation of the College, the President may request review and approval by the Chancellor of an exception to the general guidelines relating to the release of full-time personnel on continuing service status. This exception shall not be available for part-time, temporary, or probationary employees.
There will be strict adherence to the prescribed procedures in the event of a termination of employment to which the Students First Act of 2011 - 2011 - 270 procedures apply.
Assistance to Released Employees
Jefferson Davis Community College seeks to provide assistance concerning employee benefits information, retraining information, and employment opportunities to any employee released as part of a reduction-in-force action.
•The Payroll Office of Jefferson Davis Community College will provide the following assistance to the employee(s) released: accrued leave information, final paycheck information, Teachers' Retirement System contact information.
•The Human Resources Office of Jefferson Davis Community College will provide the released employee(s) information and assistance regarding employment opportunities at other two-year institutions, the Department of Postsecondary Education, and other affiliated agencies and organizations via the Alabama Community College System Employment Opportunities site The Human Resources Office will also provide the released employee(s) with directions for becoming a member of the Alabama Community College System Applicant Pool at
•The Financial Aid Office of Jefferson Davis Community College will be available to provide released employees with assistance in examining any opportunities in which financial assistance may be available for re-training including aid for educational or training opportunities at other colleges and universities.
Rehiring Opportunities and Placement
In the event an employee is released as part of a reduction-in-force action, the following guidelines shall apply for recall of full-time, non-probationary employees. A full-time, non-probationary employee terminated pursuant to this policy shall have recall rights to the position from which he/she was terminated for 180 calendar days from the effective date of his/her termination. In addition, the released employee may be considered in the event of the availability of any position that becomes available within 180 calendar days from the effective date of a full-time, non-probationary employee's termination at Jefferson Davis Community College for which the respective former employee is qualified.
If the position formerly held by an employee released as part of a reduction-in-force action becomes available, the released employee will be notified by the College of the vacancy. The College will send the notification by certified, signature required mail. The former employee must notify the President in writing of his/her acceptance of the vacancy within ten (10) working days from the date of signed receipt of the certified notification. Otherwise, the former employee will be deemed to have declined the offer of
Approved by ASBE May 2014
reemployment. In the event the certified notification is returned to the College for failure of delivery, the opportunity for employment is forfeited due to non-acceptance.
In the event an employee released as part of a reduction-in-force action refuses an offer of employment pursuant to this policy, his/her rights of recall are forfeited.
Upon determination that released employees may be rehired, the return order of employees will be consistent with the needs of Jefferson Davis Community College. Full-time, non-probationary employees within 180 calendar days from their effective release dates who meet required qualifications for the vacant position will be given the first opportunity for re-employment based on prior seniority consideration as stated in Section 4.2.5 of Alabama State Board of Education Policy 624.01 and/or conditions for exceptions as stated in Section 4.2.8 of Alabama State Board of Education Policy 624.01.