Your Success Is Our Mission
Serving Henderson and Transylvania Counties in Western North Carolina
Page tree
Skip to end of metadata
Go to start of metadata

Policy TrackingDate
Approved
RevisedJune 3, 2015
Reviewed

  1. Definitions
    1. Non-renewal means the decision not to offer a new contract at the end of the current contract period.
    2. Impermissible Grounds means the use of the employee’s race, sex, religion, age, national origin, disability status, military status, protected First Amendment rights or any other protected class as prohibited by law.
  2. Process
    1. The President or designee will notify, via hand-delivery, certified mail and/or campus email, any employee who will not be offered a new employment contract. The College may non-renew the employee’s contract for any reason that is not based on Impermissible Grounds. An exception to this notification requirement occurs when a program is discontinued or a reduction in a program is necessary or when there is inadequate funding in state or local budgets. See policy 3.13 Reduction in Force and Involuntary Leave (Furlough).
      1. The failure of the College to provide notice of non-renewal prior to the expiration of any contract does not entitle the employee to a new contract. Also, if an employee continues working beyond the term of any contract and the College and employee have not entered into a new or extended contract, the employee shall become an at-will employee and the College or employee may terminate the employment relationship at any time subject to any state or federal laws.
    2. There will be no reason given with this notice for the recommendation of non-renewal.
    3. There will be no public disclosure by the administration of the College concerning the non-renewal of annual contracts, or by any employee of the College stating the reasons that any College employee was not tendered a new annual contract.
    4. If the employee wishes to appeal the notice of non-renewal, the employee must, within ten (10) calendar days of notification, file a written request for a hearing with the supervising administrator or appropriate divisional Vice President. Within five (5) calendar days the Vice President shall set a date for the hearing and notify the employee and the immediate supervisor. The hearing shall be scheduled within ten (10) calendar days of the receipt of the request for a hearing. This hearing shall be informal with no verbatim record maintained, but reasons for the recommendations of non-renewal will be discussed. Within five (5) calendar days after the hearing the Vice President shall present a written recommendation on renewal or non-renewal of the employee’s annual contract to the President with a copy to the employee. No written reason will be given in this letter.
    5. If the Vice President recommends non-renewal of the employee's annual contract, the employee may, within ten (10) calendar days of receipt of the Vice President’s letter, request in writing a hearing before the President. Within five (5) calendar days of receipt of the employee's request the President shall set a date for the hearing and notify the employee concerned and other appropriate College administrators or officials. This hearing will be informal with no verbatim record maintained. Reasons for not recommending renewal of the employee's annual contract will be given orally. The President shall notify the employee within five (5) days of the conclusion of the hearing his/her recommendations on renewal or non-renewal of the employee's annual contract. This letter will be a non-elaborative statement of recommendations. A copy of the letter to the employee shall be sent to the Chairman of the Board of Trustees if renewal of annual contract is not recommended.
    6. If the President recommends non-renewal of the employee's annual contract, or a termination pursuant to a reduction-in-force pursuant to Policy 3.13.1 Reduction in Force and Involuntary Leave (Furlough), the employee may, within ten (10) working days of receipt of the President's letter, request in writing a hearing before the Board of Trustees. This request must be by letter to the Chairman of the Board of Trustees with a copy to the President. The notice must clearly state the employee’s reasons for the hearing and a plain statement of the facts. Hearings for a termination based on a reduction-in-force pursuant to Policy 3.13.1 Reduction in Force and Involuntary Leave (Furlough) shall only be granted if the employee is arguing that the termination is based on illegal discrimination or was arbitrary and capricious. The Chairman shall set a date for the hearing to be held within fifteen (15) working days of the receipt of the written request, and shall notify the concerned employee and the President of the hearing date. During the hearing the following rules will apply:
      1. The hearing will be held before a committee of the Board of Trustees with a decision based on the majority vote of those present;
      2. The employee shall have the right to counsel at his/her own expense, the right to present and cross-examine witnesses, the right to examine all documents and demonstrative evidence used against him/her and the right to a copy of the transcript of the proceedings. The name of the counsel and intent of appearance at the hearing must be included in the employee's written letter of request for a hearing submitted to the Chairman of the Board of Trustees;
      3. The President or a designee may participate in the hearing, present evidence, and cross examine witnesses; and
      4. The Board of Trustees shall decide to accept the President's recommendation of non-renewal or shall offer reappointment to the employee. The Board shall transmit its decision in writing to the employee and the President within ten (10) calendar days after the hearing.