HR 150 - Separation From Employment Policy

Policy

Employees may leave CWI for a number of reasons such as reductions in force (RIF), retirement, resignation, and termination. The purpose of this policy is to provide guidelines for addressing certain issues which may arise from a separation from employment and to delineate certain procedures which may be applicable depending on the status of the employee separating from employment.

Guidelines

RESIGNATIONS

Voluntary resignations should generally be made in writing by the employee. Oral resignations should be documented in writing and confirmed with the employee. All resignation documents will be included in the employee’s personnel file.

Employees who have an unexcused or unauthorized absence of three (3) consecutive working days or more may be considered to have abandoned their position and therefore resigned.

RETIREMENT

CWI’s retirement procedure shall comply in all respects with federal and state law respecting mandatory retirement and the obligations established by the Public Employees Retirement System of Idaho (PERSI).

Separation Date

Unless otherwise agreed upon in writing, the following separation dates apply.

Faculty on a contract of less than 12-months, that have fulfilled their contract, will have a separation date equivalent to the end of current fiscal year as defined in contract. In the event the faculty requests an earlier separation date, a written request must be submitted to Human Resources.

Faculty on a 12-month contract and all staff employees will have a separation date equivalent to their last day worked. Employees may not take vacation leave to extend their separation date.

INVOLUNTARY TERMINATIONS

While the decision to commence employment is consensual, the same is not always true when the employment relationship is terminated. Unless otherwise provided by contract in accordance with applicable policy, employment at CWI is at-will and reserves the right to terminate the employment relationship at any time with or without cause or notice. Regardless of whether the termination is voluntary or involuntary, the employee is required to return all property owned by CWI to their supervisor or Human Resources prior to departure.

REDUCTION IN FORCE

A reduction in force may occur when CWI finds it necessary to reduce its work force because of a decrease in student enrollment, the elimination of a particular program or service, the consolidation of jobs, the elimination of certain job functions, the closure of a facility, the reduction of revenue, or other business reasons. Any such reduction in force is permanent unless expressly stated by CWI in writing to be temporary. Unless otherwise provided by CWI’s policies, employees who are included in a permanent reduction in force have no right to be recalled.

If it becomes necessary to decrease its workforce, CWI will select those persons for layoff based on its assessment of the College’s needs, as well as other factors related to the work force including:

• employees’ demonstrated skill and efficiency in performing the particular work available
• performance, initiative, attendance, and other job-related factors
• length of service

When demonstrated skill and efficiency in performing the particular work available and the other job-related factors identified above are relatively equal, length of service generally will be used as the determining factor in selecting those employees to be retained.

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. For purposes of this policy, the term financial exigency shall apply with respect to the termination or modification of contractual rights of employees, whereas a reduction in force applies to CWI staff who are not employed pursuant to a contract.

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 (3) 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 thirty (30) days after the offer is extended, or, under extenuating business circumstances, within five (5) 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 (Layoff Hearing Procedure)

EXIT INTERVIEWS

Each employee who voluntarily terminates from employment with CWI is encouraged to complete either an in-person or electronic exit interview with Human Resources.