9.1 Voluntary Cessation of the Employment Contract (Resignation)
9.1.1 Technical and Support Staff Employees. To separate in good standing, Technical and Support Staff Employees must give a minimum of thirty (30) days of notice of resignation. The Employee’s supervisor can waive the notice period if necessary.
9.1.2 Management and Professional Employees. To separate in good standing, Management and Professional Employees must give a minimum of sixty (60) days of notice of resignation. The supervisor can recommend to waive the notice period.
9.1.3 Faculty. To separate in good standing, a full-time member of Faculty must give a minimum of ninety (90) days notice of resignation no later than March 1st in the Spring Semester or October 1st in the Fall Semester of that academic year. The notice of resignation must be submitted to the Dean through the Department Chair. The supervisor may recommend to waive the notice period, if necessary.
9.1.4 Administrator. To separate in good standing, an Administrator must give a minimum of ninety (90) days notice to the President.
9.1.5 Sufficient Notice. Employees who give insufficient notice may not be eligible for repatriation benefits and for re-employment. A notice of resignation must be confirmed in writing, either by the Employee or the supervisor, and a copy immediately forwarded to the Human Resources Director. It should include the last day of work, the effective date of the resignation and the reason for resignation. The President or Human Resources Director will accept the resignation in writing and provide details/conditions for release from the Employees’ contract. Only the President can approve a waiver of the notice period.
9.1.6 Withdrawal of a Resignation. Withdrawal of a resignation may be permitted provided the Employee provides notice in writing, prior to the effective date, and if the President agrees to the proposed withdrawal.
9.1.7 Exit Interview. The Human Resources Director shall conduct an exit interview with Employees departing the College prior to the expiration of their contracts to determine the cause or causes of the departure.
9.2 Involuntary Cessation of the Employment Contract
9.2.1 Contract Not Yet Expired. In order to preserve institutional integrity, the employment of an Employee whose term contract has not yet expired may be prematurely ended at any time for the following reasons:
- Cessation Without Cause/Reduction in Force. The employment of an Employee may be prematurely ended for financial exigency, curricular exigency (which includes but is not limited to reorganization of the administrative structure as may eliminate the department or discipline of the affected employee), or medical circumstances.
- Cessation of Employment Contract for Medical Reasons
An Employee shall be terminated for medical reasons when evidence of their incapacity to perform the position duties are substantiated by a duly authorized physician. - Notice
Employees terminated because of a financial exigency, curricular exigency, reorganization or medical reasons will be given written notice as far in advance as possible, but no less than one (1) month. If these individuals are rehired by the College within six (6) months following termination, they will retain all benefits eligibility from last prior service. Employment date remains the same as it was prior to termination. Each employee is expected to work until the effective date of the termination, unless an exception has been approved by the Human Resources Director and the President. The College reserves the right to end appointments on shorter notice in circumstances of financial exigency.
- Cessation of Employment Contract for Medical Reasons
- Cessation With Cause . “Cause” is defined as:
- Moral turpitude;
- Incompetence;
- Insubordination;
- Improper or illegal conduct as defined in the Human Resource Policy and Procedure Handbook or law;
- Neglect of duties or unsatisfactory performance;
- Violation of any term or condition of this Contract;
- Violation of any term, condition, custom or practice of the College;
- Action that subjects the College to possible or actual liability;
- Medical incapacity; or
- Death.
As set forth above in Chapter 4, the employment of any employee of the College may be prematurely ended by the College with immediate effect and without further compensation for “Cause” as defined in this Handbook. Employees dismissed with Cause will be provided with the notice and due process procedures set forth above in Chapter 4 of this Handbook.
9.2.2 Cessation/Non-Renewal at the Expiration of Contract. An employee whose contract is not renewed must be notified in writing at least sixty (60) days prior to the end date of the contract.
9.3 Clearance on Separation from the College
When an employee separates from the College, he or she must turn in all College property before receiving his or her final paycheck. Any balance owed the College will be deducted from the final paycheck.
9.4 Abandonment of Position
9.4.1 Purpose
This policy provides assurance that the business of the College shall continue without undue interruption and allows limited yet reasonable unreported absence in the event of personal emergency.
9.4.2 Definitions
An employee shall have abandoned his/her job when the employee has failed to call in and directly notify the supervisor of the reason for absence from work for one work week. Job abandonment will also occur when an employee fails to return to work or directly notify the supervisor of the reason for absence within one work week after any approved leave of absence or disciplinary suspension.
9.4.3 Procedures
When an employee has abandoned his/her job, that employee shall be immediately terminated from college employment. Such termination shall be a voluntary resignation and shall not be subject to the grievance policy and procedure. Subsequent to termination and on receipt of new information within thirty days of the date of termination, a review of the facts and circumstances by the Human Resources Director may result in a recommendation to the President to reinstate the Employee.
9.5 Termination Date
Termination date is the last day of work exclusive of days of vacation to be paid. Each employee is expected to work until the effective date of the termination, unless an exception has been approved by the Human Resources Director and the President.
9.6 Records Retention
Upon termination of an Employee, all relevant Human Resources forms and records are to be sent to the Human Resources Office for retention.
9.7 Severance Policy
9.7.1 Purpose
To provide specific circumstances under which severance may be offered, recognizing that severance is not an entitlement.
9.7.2 Parameters and Limitations
- Acknowledging that it is sometimes desirable for both parties to end an employment relationship and facilitate an orderly termination process, the College may provide for severance payment, contingent upon a release of claims
- No severance agreement with a payout amount greater than one/twelfth (1/12) of the current annual salary of the employee leaving employment with the College will be valid or authorized unless approved by the Board of Regents.
- In no case will a severance be approved if the employment relationship is terminated for cause.
