12. Reduction in Force
F.12.01 - Purpose
The purpose of this policy is to establish a process by which the System will seek and obtain Board approval to eliminate positions in its work force, as a result of changes in the System's financial resources, due to forces outside of the System's control, such as:
a. Legislative or executive action by the State or Federal government that reduces funds on which the System has based its budget planning;
b. A significant loss in enrollment or incapacity to charge tuition, resulting from the loss of student financial aid, destruction of System instructional or other facilities by catastrophic weather, acts of terrorism, or other unexpected and catastrophic event; or
c. Destruction of property in the System that results in a sudden and unexpected decrease in tax revenue.
F.12.02 - Hearing on Proposed Reduction in Force
The Chancellor is responsible for preparing and submitting to the Board of Trustees a proposed Reduction in Force (RIF) stating the reason for the recommendation, the number of employees who will be laid off, the criteria for selection of employees to be laid off, and the proposed time lines for the RIF. The Board of Trustees shall conduct a hearing on the proposed RIF, based on the Chancellor's recommendation. At least one representative of the employee group that will be laid off shall be permitted to address the board regarding a proposed RIF. The Board may establish reasonable time limits for such employee comments.
F.12.03 - Consideration of RIF Affecting Faculty
Prior to recommending a reduction in the full-time faculty, the Chancellor shall consider:
a. Reduction of teaching contracts from 12-month or 10.5 months to 9 months;
b. Reassignment of some faculty to other teaching fields, if qualified, and provided that an open position exists;
c. Reducing the teaching load, and assigning administrative responsibilities, if available, provided that such assignment does not exceed two years;
d. Transferring some faculty to other locations, provided that a comparable position is available;
e. Reduction of adjunct faculty;
f. Reduction of class size, if the average for affected department is above the System average.
F.12.04 - Proposal of RIF Affecting Faculty
Once a reduction in force of faculty is proposed by the Chancellor, a proposal of reduction shall be submitted to each Faculty Senate by the Chancellor with an invitation to each Faculty Senate to submit a written response.
F.12.05 - Notice to Contractual Employees
When it is proposed to lay off contractual employees as a result of a RIF, the Chancellor shall make every reasonable effort, consistent with the need to maintain sound educational programs, and within the limits of available resources, to give twelve months' notice to multi-year contractual employees, and three months notice to one-year employees.
F.12.06 - Re-Employment/Restoration of Benefits - Contractual Employees
The System shall not offer a new contract of employment to a new contractual employee within eighteen months after notification of intent to terminate a contractual employee under this policy, unless the contractual employee who was laid off through a RIF has been notified by certified mail and failed to accept or reject the re-employment offer within fifteen (15) calendar days of notification.
F.12.07 - Contractual Employee Reinstatement
A contractual employee who has been laid off as a result of a RIF, and is re-employed within eighteen months, shall be reinstated as a contract employee.
A contractual employee who is recalled within eighteen months shall have his or her sick leave or personal leave restored at the same amount as were recorded as of the effective date of his or her lay off.
F.12.08 - Request for Review - Contractual Employees
Within ten (10) calendar days after receiving a notice of discharge as a result of the RIF, a contractual employee may request in writing a review of the action by the Board of Trustees. Review will be solely to determine whether the decision to layoff the employee constituted prohibited discrimination or retaliation, or was arbitrary and capricious.
The Board of Trustees shall consider the request, and shall grant a hearing if it determines:
a. that the request contains a bona fide contention that the decision to layoff the employee constituted prohibited discrimination, retaliation, or arbitrary and capricious conduct; and
b. that the facts suggested, if established, might support the contention.
A denial of the request finally confirms the decision of discharge/layoff, and the Board shall so notify the employee.
F.12.09 - Review Hearing Procedures - Contractual Employees
If the request for a hearing is granted, a hearing shall be held within thirty (30) days. The employee shall be given at least five (5) days' notice of the hearing.
The hearing shall be held in a closed meeting, with only the members of the Board, the employee, and his or her representative (if any), the Chancellor, and such witnesses as may be called, in attendance. An employee may request that the hearing be held open, but the Board may close the meeting if the employee's presentation will make reference to other employees of the System or as otherwise appropriate under the Texas Open Meetings Act. The Board may consider evidence it considers fair and reliable at the hearing.
After presentations by the employee, the Chancellor, or their representatives, and also by any witnesses called by either side, the Board may deliberate on the matter in executive session, unless the employee requests them to deliberate in public.
The Board shall vote in public session whether to grant or deny the appeal.
F.12.10 - Rights of Non-contractual Employees in a RIF
During a RIF, non-contractual employees will be promptly notified of the proposed layoff so as to allow maximum time for them to seek alternative employment.
Except for employees who are prioritized for layoff in the RIF process due to corrective action or other disciplinary action, an employee who is recommended for layoff as part of a RIF, but is still employed with the System full-time, shall be considered for reassignment to another position in the System, if the employee is qualified to perform the essential functions of such other position. Such full-time employee shall be offered reassignment to the vacant position prior to external advertising of the position. An employee who is given the opportunity for reassignment in lieu of RIF layoff, but declines to accept the vacant position, shall lose the opportunity to be reassigned.
Non-contractual employees who are rehired after losing a full-time position through a RIF within eighteen months of departure will be re-hired with reinstatement of benefits, if permitted by the State of Texas Employee Retirement System and/or the Teacher Retirement System of Texas.
Nothing in this policy creates a contract or property right for non-contractual employees, and this policy does not alter in any way the employment-at-will status of non-contractual employees.
F.12.11 - Continuation of Benefits
The Human Resources Department will provide guidelines to affected employees regarding the details of separation, such as Insurance coverage, pension plan; unemployment compensation, etc.
Employees who are laid off during a RIF will be offered the opportunity to continue their health and dental coverage in accordance with the provisions of Consolidated Omnibus Budget Reconciliation Act (COBRA), by paying the established COBRA premium amounts.