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AP 3-20 Due Process Faculty

Arapahoe Community College
Series 3 – College Personnel
AP 3-20 Due Process for Faculty

Originated: January 1993

Revised: May 2006; December 2009; July 2016; October 2016

Effective: January 1993; May 2006; December 2009; July 2016; October 2016

References: BP 3-20; SP 3-20a; SP 3-20b

Approved:

Diana M. Doyle, Ph.D. President, Arapahoe Community College

PURPOSE

This procedure is intended to provide a process for implementation of Board Policy 3-20 Due Process for Faculty and accompanies BP 3-20. This Procedure contains pertinent information affecting faculty members, current through the date of its issuance. To the extent that any provision of this Procedure is inconsistent with State or Federal law, State Board for Community Colleges and Occupational Education Policies (BPs) or Colorado Community College System President’s Procedures (SPs), the law, BPs and SPs shall supersede and control. BPs and SPs are subject to change throughout the year and are effective immediately upon adoption by the Board or System President, respectively. Faculty members are expected to be familiar with and adhere to the BPs, SPs as well as College directives, including but not limited to this Procedure.

This Procedure contains pertinent information affecting employees, current through the date of its issuance. To the extent that any provision of this Procedure is inconsistent with State or Federal law, State Board for Community Colleges and Occupational Education Policies (BPs) or Colorado Community College System President’s Procedures (SPs), the law, BPs and SPs shall supersede and control. BPs and SPs are subject to change throughout the year and are effective immediately upon adoption by the Board or System President, respectively. Employees are expected to be familiar with and adhere to the BPs, SPs as well as College directives, including but not limited to this Procedure.

Nothing in this Procedure is intended to create (nor shall be construed as creating) an express or implied contract or to guarantee employment for any term. The College reserves the right to modify, change, delete or add to this Procedure as it deems appropriate.

SCOPE

This procedure applies to regular faculty with the following conditions:

  1. The employee is assigned to a position funded entirely by state funds, or is assigned involuntarily or temporarily to a position funded in whole or in part by non-state funds;
     
  2. The employee’s contract is for at least 50% of full-time service; and
     
  3. The employee’s work assignment includes at least one-half of a full-time equivalent workload (.5 FTE) performing duties as a teacher, which may include program coordination/development, and related activities.

DEFINITIONS

Definitions pertinent to this procedure are found in BP 3-20.

Summary of Dates and Timeline

July, annually: Issue faculty contracts. Contract period August 1–July 31.

September, even years: Elect peer review panel.

October 15, annually: Notify faculty of program area assignment for service credit.

PROCEDURE

  1. Reassignment

    At the discretion of the president an employee may be reassigned by changing job title, job description, and/or assignment. If the reassignment occurs during the term of an employment contract, there will be no reduction in compensation during that contract term. The president’s decision is final and is not subject to review.
     
  2. Provisional Faculty
     
    1. Provisional Period

      Faculty shall serve a provisional period from the date of employment until the completion of employment under three consecutive full-year regular contracts. The provisional period may be extended for one additional year, but not to exceed four years, if the college president determines that additional time should be allowed.

    2. Removal from Provisional Status
       

      Provisional faculty shall be non-renewed at the end of the provisional period unless the college president approves removal from provisional status.

      The supervisor provides a recommendation to the vice president for instruction for faculty removal from provisional status. The vice president for instruction then provides a formal recommendation to the college president. Notice of the college president’s decision shall be given no later than sixty days preceding the end of the contract term.

    3. Nonrenewal
       

      A provisional employee’s contract may be non-renewed without cause at the end of any contract.

      Notice of nonrenewal shall be given by the president no later than sixty days preceding the end of the contract term. The effective date shall be no sooner than the end of the then current contract.

      There shall be no review of nonrenewal of a provisional faculty member’s contract.

  3. Nonrenewal of Regular Faculty

    A non-provisional employee’s contract may be non-renewed on grounds of below standard evaluations for two consecutive years.

    A non-provisional employee whose contract is non-renewed shall have the right to request within ten days of service of notice a peer review as provided hereinafter.

  4. Dismissal, Suspension, or Other Disciplinary Action for Cause

    Grounds

    The grounds for reduction in force shall be:
     
    1. Insubordination;
       
    2. Neglect of duty;
       
    3. Conviction of a felony or acceptance of a guilty plea or a plea of nolo contendere to a felony;
       
    4. Moral turpitude;
       
    5. Incompetence after notice and opportunity to improve;
       
    6. Mental or physical disability which, even with reasonable accommodation, substantially interferes with the person’s ability to perform the essential functions of the job in question. Termination under this ground shall be in compliance with Federal law which prohibits discrimination against persons with disabilities;
       
    7. Failure to fulfill provisions of employment contract; or
       
    8. Other good and just cause as determined by failure to meet reasonable written and published standards.

    Notice

    Notice of dismissal, suspension, or other disciplinary action may be given by the president at any time and shall state the grounds and effective date.

    Review

    An employee who is dismissed or suspended in excess of fifteen work days under this policy shall have the right to request within ten days of service of notice a peer review as hereinafter provided. An employee who is suspended for fifteen or less work days or otherwise disciplined shall have the opportunity to provide a written response to the charges which shall be placed in the employee’s personnel file. An employee who is suspended for 15 or less work days may request, within 10 days of service of notice of the suspension, a review by the System President. The review will consist of a meeting between the System President or his/ her designee, the College President or his/her designee and the faculty member, at which time the faculty member will be given an opportunity to rebut the facts which support the suspension. The decision of the System President will be final and not subject to further review.
     
  5. Reduction in Force

    Grounds

    The grounds for reduction in force shall be:
    1. Justifiable lack of work,
       
    2. Justifiable reduction in a program area, or
       
    3. A reduction or elimination of funds received from a school district for purposes of providing secondary vocational education, as determined by the president; and/or
       
    4. A Board declaration of a fiscal emergency as defined in BP 3-20.

    Initial Determination

    It is the responsibility of the president to determine whether one of the above situations will require a reduction in force. As soon as it becomes apparent to the president that a reduction in force is necessary, the president shall determine the number of reductions which may be accommodated by retirements, resignations, dismissals, non-renewals, leaves, or other types of normal attrition. Faculty not holding regular full-time or regular part-time contracts and faculty holding provisional contracts in program area(s) affected shall be reduced prior to the reduction in force of any regular non-provisional faculty member in the same program area.

    Criteria for Reduction

    When staff reduction cannot be satisfied by any of the above methods, the president shall identify the person(s) to be reduced in affected program area(s) based upon consideration of service credit as provided hereinafter, evaluations as defined in BP 3-20, and affirmative action. Additional considerations:

    Rehire

    Regular employees who have been reduced in force under this policy shall have the right to be rehired into the program area at the institution from which they were reduced when an opening occurs in a regular position. Such right shall extend for a period of three years from the effective date of their reduction. Employees who are so rehired shall have all the benefits of service credit, salary, and fringe benefits reinstated. Regular employees who have been reduced in force under this policy shall have the right to request that their name be placed on a system-wide rehire list maintained by the System President. When there are openings in regular positions at any state system community college and there are no employees who have the right to rehire under the above provision, the president of the hiring institution may decide to waive the institutional hiring procedures and hire directly from the rehire list. If the president hires from the rehire list, he/she may require a one year provisional period. Other terms and conditions of employment shall be negotiated at the time of employment.

    1. If possible, reassign qualified faculty who are affected by reduction in force to understaffed areas. Faculty who are affected by a reduction in force and are qualified to work in another area may be reassigned by the college president.
       
      1. Affected faculty will provide the school dean with information and documentation regarding qualifications to teach courses in other program areas.
      2. Assign qualified faculty who are affected by the reduction in force to other program areas, using the following criteria:
         
        1. The faculty member must be qualified to teach/work in the area, as determined by the college president.
        2. The reassignment must adhere to sound educational practice and financial or fiscal management.
        3. A faculty member cannot be reassigned to a position which is already encumbered by a faculty member on a regular contract.
        4. The assignment is considered voluntary unless the college president approves an involuntary reassignment. In the case of an involuntary reassignment, the faculty member must be fully qualified to teach a wide range of the courses in the program area, and the impact of the reassignment on other faculty members in the program area must be fully analyzed and considered.
    2. If after completing reductions in force as listed in initial determination and reassignment an excessive number of regular non-provisional faculty still exists, the regular non-provisional faculty shall be reduced using the following criteria:
       
      1. Regular faculty with two out of three below standard evaluation ratings in the most recent three years shall be reduced in force next.
      2. Regular faculty who have the least service credits in the affected program area shall be reduced in force next.
      3. In cases of equal service credit in the affected program area, the faculty members who received below standard evaluation ratings in any of the previous three years shall be reduced in force next.
      4. Affirmative action consideration shall then be made for further reductions in force.

        Additional Reduction in Force Process Steps, Notice, and Review Rehire

        Regular employees who have been reduced in force under this policy shall have the right to be rehired into the program area at the institution from which they were reduced when an opening occurs in a regular position. Such right shall extend for a period of three years from the effective date of their reduction. Employees who are so rehired shall have all the benefits of service credit, salary, and fringe benefits reinstated. Regular employees who have been reduced in force under this policy shall have the right to request that their name be placed on a system-wide rehire list maintained by the System President. When there are openings in regular positions at any state system community college and there are no employees who have the right to rehire under the above provision, the president of the hiring institution may decide to waive the institutional hiring procedures and hire directly from the rehire list. If the president hires from the rehire list, he/she may require a one year provisional period. Other terms and conditions of employment shall be negotiated at the time of employment.

      1. The president shall report to the college community on program areas in which reductions in force will occur.
      2. A list of all regular faculty in each program area with respective service credit shall be distributed to each faculty member in each program area.
      3. As a program is discontinued, BP 3-22 must be followed.
      4. The president shall give a minimum of sixty days written notice prior to termination due to a reduction in force.
      5. An employee who is reduced in force shall have the right to request within ten days of service of notice a peer review as hereinafter provided. There shall be no right to peer review of a Board declaration of fiscal emergency.
         
  6. Determination of Service Credit and Program Area
     

    Program areas of the college are critical in the determination of staffing needs. Service credit earned by a faculty member in a given program area is an essential component of the reduction in force determinations. Program areas will be determined by the college president on recommendation of the vice president for instruction. A program area is a curricular or support area which shares a common prefix, group of prefixes, or purpose; represents a generally recognized, specific body of knowledge; and requires special training or skills to teach the content or provide the service. Program areas may have more than one prefix associated with the area, however, faculty members assigned to a program area for service credit may or may not be qualified to teach in every prefix listed. See Appendix A for a list of Service Credit Program Areas.

    Service Credit Guidelines

    In an effort to provide a fair and equitable determination of reduction in force and yet recognize the benefit of assignment flexibility, service credit shall be granted and accrue on the basis of each year’s assignment, as follows:  

    1. Assignment of greater than 50% of the workload in a given program area will result in one year’s service credit in that program area.
    2. If the faculty member does not have more than 50% of the workload in any one program area, the president will determine the area in which the faculty member is to receive one year’s service credit. In addition to that one-year’s service credit, one quarter (.25) year’s service credit will be given in each additional program area where the work assignment is 50% or less.
    3. Faculty members involuntarily assigned to another program area shall be allowed to carry to their new program area the service credit earned in their original program.
    4. Faculty members who are appointed to an administrator position and subsequently return to a faculty position shall have any service credit they earned in their previous faculty assignment reinstated. Employees who are on an interim assignment as an administrator shall continue to accrue service credit in their designated program area during the period of the interim assignment up to a maximum of two years.
    5. Employees hired prior to September 1, 1988, will be given one year’s service credit in their 1988-89 designated program area for each year of institutional seniority accrued as a faculty member. Seniority credit granted to employees for service as an administrator prior to July 1, 1986, shall also be credited to the employee’s 1988-89 designated program area.
    6. Part-time faculty holding contracts of at least 50% but less than 100% of a full-time contract shall receive service credit on the same basis as full-time faculty, but prorated in terms of the percentage contract they hold.

      Assignment of Faculty to Program Areas and Notification

      New faculty shall be given written notice of program area(s) assignment(s) at the time of employment (with a copy placed in the personnel file).

      By October 15 of each academic year, faculty will be given written notice of their anticipated academic year service credit program area assignment or reassignment (with a copy placed in the personnel file) including notation of whether a reassignment is voluntary or involuntary.

      If program area reassignments occur at any time, faculty shall be given written notice within 10 working days (with a copy placed in the personnel file) including a notation of whether the change is voluntary or involuntary.

      When program area reassignments are made, they shall be considered voluntary unless the college president approves an involuntary reassignment. In the case of an involuntary reassignment, the faculty member must be fully qualified to teach a wide range of the courses in the program area, and the impact of the reassignment on other faculty members in the program area has been fully analyzed and considered.

  7. Peer Review Panel and Process

    The Faculty Senate of Arapahoe Community College shall submit by September 30 of every even-numbered year a list of 13 members duly elected by the Senate to the Peer Review Panel, as described in BP 3-20. The review panel, if convened, will follow SP 3-20a and BP 3-20.

APPENDICES

Appendix A - Service Credit Program Areas

Service Credit Program Areas
Service Credit Program Area Prefixes within Program Area
Accounting ACC, FIN, INV
Anthropology ANT
Architecture & Computer Aided Drafting AEC, CAD, MTE, EGT, TEC
Art History ART
Studio Art ART, PHO
Astronomy AST, SCI
Automotive ASE, ELT
Biology BIO, SCI
Business BUS, ENP, MAN, MAR, FIN, INV
Chemistry CHE, SCI
Communication COM
Computer Technology BTE, CIS, CNG, CSC, CWB
Criminal Justice CRJ
Early Childhood Education ECE
Earth Sciences ENV, GEO, GEY, MET, SCI
Economics ECO, FIN, INV
Emergency Medical Services EMS, HPR
Engineering Graphics Technology EGT, MTE, CAD, TEC
English ENG, CCR, AAA, JOU, LIT, HUM
Exercise Health Sciences HWE, HPE
Health Information Technology HIT, HPR
History HIS
Humanities & Literature HUM, LIT, THE
Interior Design INT, CAD
Law Enforcement Academy LEA
Math MAT
Medical Lab Technology MLT, HPR
Medical Office Technology MAP, MOT, HPR
Mortuary Science MOR, HPR
Multimedia, Graphic Design MGD
Music MUS
Nurse Aide NUA, ELS
Nursing NUR
Paralegal PAR
Pharmacy Technology PHT
Philosophy PHI
Physical Therapy Assistant PTA, HPR
Physics PHY, EGG, SCI
Political Science POS
Psychology PSY
Sociology SOC
World Languages ARA, ASL, CHI, FRE, GER, JPN, RUS, SPA