SP 3-20c – issuance and termination of faculty contracts

---

SP 3-20c

APPROVED: June 12, 2024
EFFECTIVE: July 1, 2024

REFERENCE(S): Board Policy (BP) 3-20, Due Process for Faculty

APPROVED:

/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor

Application

This procedure applies to all regular Faculty Members within the Colorado Community College System, including its Colleges (CCCS or System) as that term is defined in BP 3-10, Administration of Personnel.

Basis

This procedure establishes the processes to be followed when a College issues a Faculty contract or terminates a Faculty Member, whether by reduction in force, non-renewal, or dismissal.

Definitions

“Dismissal”: The involuntary termination of a contract of employment during the term or upon the expiration of the contract, based on one or more grounds outlined in BP 3-20 and/or herein.

“Evaluation”: The established process used to review and record a Faculty Member’s performance of their assigned duties.

“Fiscal Emergency”: An emergency caused by a reduction in the sum total of general fund revenues appropriated to the Board; a reduction in cash funds received by the Board; and/or a reduction in the Board’s allocation to a College, which threatens the ability of the College to maintain its previous level of operations or previous standards in the fulfillment of its role and mission; as determined by an affirmative vote of the Board.

“Non-Renewal”: Failure or refusal to offer a Faculty Member a new contract of employment for the subsequent year.

“Program Area”: Units within a College which may provide the basis for determining which Faculty will be reduced when a reduction in force is necessary.

“Reduction in Force”: Termination of the contract of employment due to a decrease in the number of Faculty, based on grounds outlined in BP 3-20 and/or herein.

“Service Credit”: Years of service accrued by a Faculty Member in one or more designated program areas that are recognized for the purpose of making reduction in force decisions involving Faculty.

Procedure

Issuance of Faculty Contracts:
Colleges shall issue Faculty contracts annually, at least thirty (30) calendar days prior to the start date of the Faculty contract.

Reassignment:
At the discretion of the President, a Faculty Member 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 will communicate the change to the Faculty. The President’s decision is final and is not subject to review.

Provisional Faculty:
Provisional Period — Faculty shall serve a provisional period from the date of first contract as a Faculty Member at the College until the completion of employment under three consecutive full-year, regular contracts. The provisional period may be extended for one additional year, not to exceed four years, if the President determines that additional time should be allowed. The President will communicate the extension of the provisional period to the Faculty.

Removal from Provisional Status — A provisional Faculty Member shall be non-renewed at the end of the provisional period unless the President approves removal from provisional status. When a CCCS Faculty Member is removed from provisional status and is subsequently hired at a different CCCS College, it is within the discretion of the President at the hiring College to restart all or part of the provisional period, or immediately remove the Faculty Member from provisional status.

Non-Renewal:
A provisional Faculty Member’s contract may be non-renewed without cause at the end of any contract. There shall be no review of non-renewal of a provisional Faculty Member’s contract.

A non-provisional Faculty Member’s contract may be non-renewed only once there are Needs Improvement evaluations for two consecutive years. A non-provisional Faculty Member whose contract is non-renewed shall have the right to request, within ten (10) calendar days of service of notice, a peer review.

Notice of non-renewal shall be given by the President no later than sixty (60) calendar days preceding the end of the contract term. The effective date shall be no sooner than the end of the current contract.

Dismissal, Suspension, or Other Disciplinary Action for Cause:
The following shall constitute grounds for dismissal, suspension, and other disciplinary action:

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.

A Faculty Member who is dismissed or suspended in excess of fifteen (15) working days under this procedure, shall have the right to request, within ten (10) calendar days of service of notice, a peer review. 

A Faculty Member who is suspended for fifteen (15) or fewer working days, or otherwise disciplined, shall have the opportunity to provide a written response to the charges which shall be placed in the Faculty Member’s personnel file, and may request, within ten (10) calendar days of service of notice of the suspension, a review by the Chancellor. The review will consist of a meeting between the Chancellor or their designee, the College President or their 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 Chancellor or their designee will be final and is not subject to further review.

Reduction in Force:
The grounds for reduction in force shall be:

Initial Determination — Before implementing, the President shall consider viable alternatives to reduce the impact of reductions in force on non-provisional Faculty. 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, or other types of normal attrition. Employees not holding regular faculty contracts and Faculty holding provisional contracts in affected Program Area(s), shall be reduced prior to the reduction in force of any regular, non-provisional Faculty Member in the same Program Area. Except in cases of emergency, impacted Program Areas and impacted Faculty must be given an opportunity for consultation prior to any formal written notice of a planned reduction in force.

Criteria for Reduction — When the reduction in force cannot be satisfied by any of the above methods, the President shall work in accordance with their College’s shared governance framework to identify the Faculty to be reduced in an affected Program Area, based upon consideration of Service Credit, evaluations, and any other job qualifications or credentials that may be required for the impacted Program Area (e.g., due to accreditation standards). At least sixty (60) calendar days prior to the effective date of the reduction in force, the College shall provide written notice to the impacted Program Area(s) of the planned reduction, including the rationale, proposed effective date, and plan for implementation.

Notice — The President shall give a minimum of sixty (60) calendar days written notice prior to termination due to a reduction in force. Colleges are encouraged to provide more than 60 days’ notice when practical.

Review — There shall be no right to peer review of reduction in force.

Rehire — Faculty who have been reduced in force shall have the right to be rehired into the Program Area at the College from which they were reduced, when an opening occurs in a regular position. Such right shall extend for a period of three (3) years from the effective date of their reduction. Faculty who are so rehired, shall have at least the Service Credit and salary from the time of reduction reinstated.

Revising this Procedure

CCCS reserves the right, after consultation with the State Faculty Advisory Council, to change any provision or requirement of this procedure at any time and the change shall become effective immediately.