Number: HR 010
Effective: October 16, 2016
Department: Human Resources
Last Revision: February 2, 2020

Purpose

To establish guidelines for the appointment and retention of faculty.

Scope

Applies to all adjunct faculty, faculty on non-renewable contract status and faculty on renewable contract status.

Policy

CWI believes that the appointment and retention of faculty members are critical to its mission and the success of CWI. Accordingly, the purpose of this policy is to provide guidelines which address the nature and terms of employment for faculty members at CWI.

Guidelines

Adjunct Faculty

Adjunct Faculty shall be appointed and serve pursuant to a Letter of Teaching Appointment signed by the adjunct faculty member and the Provost. Unless renewed in writing by CWI, the Letter of Teaching Appointment shall automatically terminate at the end of the semester. Accordingly, adjunct faculty shall have no expectation of continued employment beyond the term of the appointment. Further, employment of adjunct faculty is at-will and, upon written notice to the adjunct faculty member, may be terminated during the term of the appointment with or without cause. Adjunct faculty are allowed six (6) hours of absences per semester. Exceeding this limit without prior approval could be grounds for non-renewal.

A CWI employee in a non-exempt primary position is not allowed to fill an adjunct or exempt position effective January 1, 2017. An employee’s non-exempt status, when it is the primary position, requires all subsequent work completed by the employee for CWI to be designated as non-exempt and paid hourly per The Fair Labor Standards Act.

Regular Faculty

Regular faculty (full time faculty members whose primary responsibility is teaching) shall be appointed and serve pursuant to an Employment Contract signed by the faculty member and the President of CWI. Employment contracts for regular faculty members shall be issued annually for periods of one year. Further, regular faculty members shall be either on non-renewable contract status or renewable contract status as addressed below.

All faculty are expected to check their contact information by May 1 of each academic year to ensure accuracy prior to the issuance of employment contracts.

CWI may prorate new instructor compensation in the event that an instructor is removed from a class during the semester.

Use Of Substitute Instructors 

Substitute instructors may be used at CWI subject to the following guidelines:

  1. Faculty may arrange to exchange coverage with other instructors in lieu of compensation
  2. Faculty may not personally compensate substitutes.

CWI will compensate a qualified substitute in the following instances:

  1. To cover military absences or college-related absences (state meetings, conferences, etc.)
  2. To cover extended absences for documented illness Non-employees of CWI may not substitute in an instructor’s absence

Non-Renewable Contract Status 

The employment of regular faculty members who have not obtained renewable contract status as provided herein, i.e. who are on non-renewable contract status, is at-will and upon written notice to the faculty member may be terminated during the term of the appointment with or without cause. Further, CWI reserves the right to non-renew the term of a faculty member’s employment with or without cause. Faculty members who are on nonrenewable contract status are not entitled to administrative review of a decision by CWI to non-renew their contract except to the extent provided in CWI’s Separation from Employment Policy. However, faculty members whose contracts are terminated prior to the expiration of the contract term may avail themselves of CWI’s complaint procedures provided for its employees. Such access to CWI’s complaint procedures does not, nor is it intended to, create any due process or contract rights, express or implied, nor does it affect the at-will nature of employment of faculty members who are on non-renewable contract status.

Notices of non-renewal, when applicable, will be issued to faculty members on non-renewable contract status no later than May 15 of the current academic year. Employment contracts will be issued to all returning faculty no later than July 1 of the current academic year. Faculty members on non-renewable contract status to whom contracts have been issued must return their signed contracts to CWI within 30 days of the contract issue date, preceding the expiration of the term of the current contract. The failure to do so will be interpreted as the declination of the offer of another contract.

Notice of nonrenewal as provided in this section is not required when CWI’s Board of Trustees has authorized a reduction in force resulting from a declaration of financial exigency or for curricular reasons. In the event of such a reduction in force, notice must be provided pursuant to CWI’s faculty termination procedures and its policies for reductions in force.

Renewable Contract Status 

Regular faculty members in good standing who have completed at least three years of service shall be eligible for renewable contract status.

Eligible faculty members shall be placed on renewable contract status commencing upon their execution of a contract for the next year following approval of their renewable contact, and thereafter shall have the right to automatic renewal of their contract for the ensuing year unless there is a non-renewal in accordance with the guidelines set forth below and CWI’s Separation from Employment Policy. Except as otherwise provided herein, notice of non-renewal of a faculty member’s annual contract will be provided in accordance with the Separation from Employment Policy and no later than March 15 of each full academic year of service if the appointment is not to be renewed at the end of the academic year; if the appointment terminates during an academic year and is not to be renewed, notice must be provided at least 90 days prior to its termination.

Otherwise, employment contracts will be issued to faculty members on renewable contract status no later than July 1 of the current academic year. The execution and return of the contract to CWI shall constitute notice of the faculty member’s acceptance of renewal. The failure to return a signed contract to CWI within 30 days of the contract issue date, preceding the expiration of the term of the current contract, will be interpreted as the declination of the right to renewal or of the offer of another contract. The renewal or termination of contracts for faculty members on renewable contract status is subject to the termination provisions set forth below.

Any contract automatically renewed under the terms of this policy shall be for the same length as that stated in the current contract, i.e. generally one year, and at a salary no lower than that specified therein.

Exceptions to the 30-day contract acceptance deadline must be approved by the Provost.

Termination for Cause:

The President may discharge a faculty member on renewable contract status, discharge upon expiration of the current contract a faculty member on renewable contract status, or renew the contract of a faculty member on renewable contract status at a reduced salary, for cause. For purposes of this policy, “cause” shall include the following:

  1. The consistent failure to adequately perform the duties and responsibilities for which the faculty member was employed (for example, a faculty member receiving two consecutive performance reviews with an overall rating of no greater than “Needs Improvement” may be deemed to have failed to adequately perform his/her duties and responsibilities for which the faculty member was employed).
  2. The refusal or continued failure to comply with or the willful violation of CWI policies or the refusal or continued failure to carry out specific assignments when such assignments are reasonable and within the purview of the faculty member’s duties and responsibilities.
  3. The conviction of or plea of nolo contendere to any felony or any crime involving moral turpitude.
  4. The falsification of information on an employment application or any other employment related document regardless of when the falsification is discovered.
  5. The failure to maintain levels of professional excellence and ability demonstrated by other members of the faculty in the department or division of the College.
  6. Any conduct committed by a faculty member whom CWI reasonably determines has injured the professional standing or reputation of CWI.

Notice/Administrative Review:

Upon the determination that a faculty member shall be terminated for cause, CWI will provide the affected faculty member with written notice of the intended action as well as an opportunity for administrative review as set forth in the Faculty Termination Policy.

Termination as the Result of the Declaration of a Financial Exigency or for Curricular Reasons

The President may discharge a faculty member on any contract status, or renew the contract of a faculty member on a renewable contract status at a reduced salary as the result of the declaration of a financial exigency or for curricular reasons.

Financial Exigency.

A financial exigency means a bona fide, imminent financial crisis, the result of which is a current or projected absence of sufficient funds to reasonably maintain current programs and activities at a level sufficient to fulfill the College’s educational goals and priorities and which cannot be reasonably alleviated by means other than a reduction in the employment force.

Curricular Reasons.

Curricular Reasons include:

  1. A material decrease in student enrollment in a field where such decrease has resulted in faculty student ratios that are unacceptable either by comparison with equivalent faculty load practices at CWI or by comparison with faculty loads in comparable departments or divisions at similar institutions.  
  2. A reorganization or consolidation compelling the elimination of the need for a particular faculty expertise or a reduction in the overall need for faculty in a department or division.
  3. The termination of a program from the curriculum where such termination eliminates or reduces the need for faculty qualified in that discipline or area of specialization.

When a faculty member on renewable contract status is terminated as the result of a financial exigency or for curricular reasons, CWI will attempt to relocate the faculty member to another existing vacant position for which the faculty member is qualified. The final decision with respect to relocation is within the discretion of CWI’s President. Upon determining that termination of one or more faculty members on renewable contract status is warranted because of a financial exigency or for curricular reasons, the President shall decide which faculty member(s) should be terminated based upon an assessment of the educational programs of the department or division in question and the best interests of the institution pursuant to the financial exigency guidelines.

Reinstatement Rights.

When the employment of a faculty member on renewable contract status is terminated because of a financial exigency or for curricular reasons, the position may not be filled by a new appointee with the same area(s) of specialization as the terminated faculty member for a period of at least three years from the effective date of the termination, unless the terminated faculty member has been offered reappointment in writing to the position at the previous rank and salary and has not accepted the appointment within 30 days after the offer is extended, or, under extenuating business circumstances, within five days of the offer being extended. Adjunct faculty members or faculty members who are not on renewable contract status are not afforded any reinstatement rights in the event their employment is terminated because of a financial exigency or for curricular reasons.

Notice/Administrative Review.

Upon the determination that termination of one or more faculty members is required because of a financial exigency or for curricular reasons, CWI will provide each affected faculty member to be terminated with written notice of the intended action as well as an opportunity for administrative review as set forth in the Separation from Employment guidelines.