Guideline 5-17: Non-Renewal of Contractual Personnel

  1. INTRODUCTION

This guideline specifies the procedures for the non-renewal of an employee’s contract in accordance with Policy IV-G-4 Policy on Non-Renewal of Contractual Employees.

  1. PROCEDURE
  1. All contracts of employment, except for the contract of the Chancellor, shall not exceed a period of one (1) year. 
  2. Administrative and professional contracts are generally for periods of twelve (12) months.  Faculty may be employed for periods of nine (9), ten and one-half (10 ½), or twelve (12) months.   Contracted employment for one (1) or more years does not create any contractual or other entitlement of employment beyond the term of the contract and should not be construed as leading to tenure.
  3. All employees are subject to review each year prior to any decision about contract renewals.  The Board of Trustees may renew or extend a contract, allow any contract to expire by its own terms without action by the Board, choose not to extend an existing contract, or choose not to offer further employment.
  4. The anniversary date for twelve (12) month contracts shall be September 1.  Contracts of less than twelve (12) months shall generally begin August 15 and extend for a period of nine (9) and/or ten and one-half (10 ½) months.
  5. Only the Board of Trustees is authorized to enter into a contract with an employee unless that right is specifically delegated to an administrative office.  Only the Chancellor or his/her designee may communicate a contract offer.  Oral representations by college personnel other than the Chancellor or his/her designee are not binding by the Board.  Offers of contractual employment may only be accepted by signing and returning the contract to the Human Resources Office within thirty (30) working days of issuance.  If the Chancellor fails to provide either a new contract or written notice of non-renewal prior to the expiration of the employee’s current contract, then the affected employee will continue to be employed, but shall have the status of an at-will employee.
  6. Contract recommendations for renewal or non-renewal of nine (9) month, ten and a half (10 ½) month, and twelve (12) month faculty contracts are typically presented to the Board of Trustees on or before the May Board meeting. 
  7. Contract recommendations for renewal or non-renewal of twelve (12) month non-faculty contracts are typically presented to the Board of Trustees on or before the September Board meeting.
  8. In the event that operational, fiscal or administrative circumstances delay the contract recommendations for renewals and non-renewals to the Board of Trustees, College leadership will notify affected employees in writing.
  9. When a leader determines that it is likely that he or she will recommend non-renewal of a contract, the leader shall inform all levels in the leadership chain as promptly as possible, so that College leadership may evaluate the employee’s circumstances and take action to ensure compliance with these guidelines. 
  10. A contractual employee will be notified of the intent to non-renew the contract by the respective Provost or Vice Chancellor as soon as practicable.   
  1. APPEAL RIGHTS
  1. In accordance with Texas Education Code § 51.960, full-time contracted faculty have the right to appeal to the Chancellor or his/her designee regarding a contract non-renewal.
  1. A signed statement of appeal must be presented to the Chancellor within ten (10) working days following receipt of the notice of non-renewal.  The employee’s statement shall be factually specific and shall explain the reasons why the employee believes that the contract should not be allowed to expire.
  2. The Chancellor, or his/her designee, will review the employee’s statement.  The Chancellor at his or her sole discretion may or may not request additional information, and at his/her discretion, may or may not schedule a meeting with the affected employee.
  3. The Chancellor will provide a written response to the affected employee within fifteen (15) working days of receipt of the appeal.  If more than fifteen (15) days will be needed to render a decision, the Chancellor shall notify the employee in writing how much time likely will be needed to provide a response. 
  4. The decision of the Chancellor or Chancellor’s designee is final; however, nothing in this guideline precludes the affected employee from appearing before the Board of Trustees during the hearing of citizens. 
  1. The appeal procedure provided by this guideline and Texas Education Code § 51.960 does not apply to administrators and staff; however, nothing in this guideline precludes such employees from appearing before the Board of Trustees during the hearing of citizens.

 

Guideline #:

5.17

Policy Name:

Guideline on Contract Periods and Non-Renewal of Contractual Employees

Pages:

3

Adopted Date:

May 2, 1994

Revision/Reviewed Date:

April 6, 1998, April 28, 2014

Effective Date:

May 2, 1994, April 6, 1998, April 29, 2014

Associated Policy:

Policy IV-G-4