8. Change in Contract Status
F.8.01 - Definition
Change in contract status means a decision by the immediate supervisor to recommend:
a. in the case of faculty or administrator on an annual contract, the non-renewal of that contract.
b. in the case of faculty or administrator on a multi-year contract, the return to an annual contract.
c. in the case of a faculty member on an annual contract who is eligible to receive a multi-year contract, the continuation of an annual contract.
F.8.02 - Change of Status Grievance Rights
In the event that a faculty member or professional staff member is notified of the intention of the Chancellor to recommend a change of status, he or she shall have a right, upon written request filed with the Secretary of the Board within ten working days after such notification, to a formal hearing before the Board. At such hearing, the faculty member or professional staff member will be given an opportunity to present evidence that the change of status would violate state or federal law. This hearing may be open or closed at the option of the employee.
The hearing before the Board shall be held within (45) working days after written request for such hearing is file with the Board. After such hearing the Board, within ten working days of hearing, may confirm or revoke the previous action on change or status: but in any event, the decision of the Board shall be final and non-appealable.
F.8.03 - Notice
Professional and contractual staff are subject to non-renewal by the Board upon the recommendation of the Chancellor at the end of the contract period, if in their best judgment, the best interests of the College will be served thereby; provided, that notice of intention to change status shall be given by the Chancellor on or before March 1 preceding the end of the employment term fixed in the current contract.
In the event of failure to give such notice of intention to non-renew within the time above specified, the Board shall thereby elect to employ the faculty or non-faculty contractual employee in the same capacity for the succeeding school year. This process is not valid in the event that the Board of Trustees takes action for a reduction in force.
F.8.04 - Hearing
When a contractual employee is notified of the Chancellor's recommendation of a change in status, he or she shall have the right to a hearing before the Board, provided that, written request for such hearing is filed with the Secretary of the Board within ten (10) working days of the employee's receipt of the Chancellor's Notice of Change in Contract Status. The employee's written request for a hearing shall identify the state or federal law, or Board policy that would be violated by the change in status. At the hearing, the employee will need to show support for his or her claim that the change in contract status would violate state or federal law, or a specific Board Policy directly relating to the change in status.
The Board shall conduct the hearing within 45 working days after the written request for hearing has been filed. The days the System is closed shall not count towards this timeline. The hearing may be open or closed, at the option of the employee; however, the Board may require the hearing to be closed if the employee's presentation will make reference to other employees or for other appropriate reasons under the Texas Open Meetings Act. Within ten (10) working days after the hearing, the Board shall notify the employee of its action either to confirm or revoke the change in contract status. The Board's decision on change in contract status shall be final.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008