4.08 Non-administrator Contract Policy
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I. Types


A . Conditional Contract:  A contract for an appointment of no more than twelve months issued during each of the first three years of employment in a position for which an extendible contract can be awarded.


B. Term Contract:  A contract awarded at the volition of the College for an appointment of no more than twelve months to a position which has been so designated by the President or to a position which is supported by a grant or other temporary source of funds.  Credit toward an extendible contract will not be awarded an individual for service under one or more term contracts.


C. Improvement Contract:  A contract which specifies certain improvements an employee must make in order to continue employment.


D. Extendible Contract:  A contract for an appointment extendible annually, designed to provide reasonable assurance of continuing employment except as stipulated in Section 4.08 II C. and III. C.


II. Appointment and Reappointment


A. Initial Conditional and Term Contracts


The initial appointment shall be for a period of no more than 12 months and will be made according to the procedure stated in Section 4.02 of the CPCC Policies and Procedures Manual.


B. Subsequent Conditional Contracts


1. No later than April 15 in each of the first two conditional contracts for an employee, the appropriate administrators  may recommend to the President not to re-appoint  the employee for another conditional contract.  The President will give written notice to the employee by May 1 if the employee is not to be reappointed. (rev by Board action 5/3/00)


2. No later than April 15 of an employee's third conditional contract, the appropriate administrator will recommend to the President whether, at the end of the contract period, the employee be appointed for an extendible contract.  The President will give written notice to the employee by May 1 if the employee is not to be re-appointed.  The recommendation for an extendible contract must be accompanied by a detailed evaluation of the employee's demonstrated ability to perform assigned duties at a high level of competency.


C. Extendible Contracts


1. Once an employee is awarded an extendible contract, the contract shall be extended annually unless the employee changes employment to a position for which a term contract is awarded or has received an "Unsatisfactory" rating as determined by the annual performance rating obtained through the evaluation system in effect at that time, except that the College may refuse to extend a contract for one or more of the reasons specified in Section 4.08 III. C.

A faculty member who changes employment to an administrative position for which a term contract is awarded shall continue to receive an extendible contract for twelve months after the employment change. At the conclusion of the twelve months, such faculty may return to a comparable faculty position or receive a term contract.


2. Should an employee on an extendible contract be given an overall "Unsatisfactory" rating as determined by the annual performance evaluation system in effect at that time, said employee shall be offered an improvement contract for the forthcoming year.  If an employee is to be offered an improvement contract, the President will give written notice to the employee by May 1.
 

 

III. Non-reappointment


A. Term Contracts
The appointment of an individual employed under a term contract expires at the end of the contract term. Reappointment or non-reappointment at the expiration of the term contract will be at the volition of the College in its sole discretion.  If it is the decision of the College not to reappoint the individual, the President will give written notice to the employee by May 1 provided, however, that a term contract applicable to a position that is supported by a grant or other temporary source of funds may be terminated, with or without notice, at the time of any cessation or suspension of the supporting grant or temporary funding.


B. Conditional Contracts
The appointment of an individual employed under a conditional contract expires at the end of the contract term. If it is the decision of the College not to reappoint the individual, the President will give written notice to the employee by May 1.

  

C. Extendible Contracts
The reasons for non-reappointment of a person who has an extendible or improvement contract shall be incompetence, serious misconduct, dereliction of duty, or discontinuation of the position assigned.  Notification of intent not to reappoint an employee who has an extendible or improvement contract shall be given to the employee by the President by certified mail, postmarked on or before March 1.  The affected employee has access to institutional due process.


1. Incompetence


a. Incompetence shall include, but not be limited to, a declaration of judicial incompetence, the lack of ability to perform normal and requisite job duties and responsibilities due to continuous physical and/or mental disability for a period of more than one year, or the accumulation of "Unsatisfactory" annual performance ratings as specified in sub-paragraph Section 4.08 III C. 1. b.


b. Should a non-administrator, full-time extendible contract employee accumulate consecutively or non-consecutively two "Unsatisfactory" annual performance ratings during any consecutive four-year period, a further contract shall not be provided beyond June 30 of the year in which the second "Unsatisfactory" rating was given. (rev by Board action 5/3/00)

 

 

   
2. Serious Misconduct
Serious misconduct shall include, but not be limited to, conviction of a felony or a crime involving moral turpitude resulting from actions taken on or off College premises; conduct amounting to culpable negligence, willful disregard of express directives of the College; or a refusal to follow written policies, rules, regulations, and procedures of the College.
  

 
3. Dereliction of Duty
Dereliction of duty shall include, but not be limited to, prolonged neglect of job responsibilities or failure to perform in a proper and acceptable manner such duties as are prescribed by the Board of Trustees or administration of the College.
  

 

4. Discontinuation of Positions
Non-reappointment may be necessary if the position to which the employee is assigned is discontinued as a result of institutional financial exigency or program reduction.  Any reduction in force necessitated by institutional financial exigency will be made equitably within each program (or department where programs do not exist) in the following sequence:


a. Part-time employees and employees with term contracts.


b. Employees with conditional contracts.


c. Employees with extendible contracts in order of increasing seniority, unless an individual under extendible contract with less seniority must be retained because the special skills and/or training possessed by that individual are required by the program (or department where programs do not exist).


If an individual with special skills is re-appointed instead of an individual with higher seniority, the non-re-appointed person has access to institutional due process.


Any reduction in force necessitated by a program reduction will be made within the affected program (or department where programs do not exist) in the following sequence:


a. Part-time employees and employees with term contracts.


b. Employees with conditional contracts.


c. Employees with extendible contracts in order of increasing seniority unless an individual under extendible contract with less seniority must be retained because the special skills and/or training possessed by that individual are required by the program (or department where programs do not exist).


If an individual with special skill is re-appointed instead of an individual with higher seniority, the non-re-appointed person has access to institutional due process.


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Last modified: Wednesday August 30 2006
URL:http://inside.cpcc.edu /P&PManual/ppm4-0/ppm4o08.htm