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Serving Henderson and Transylvania Counties in Western North Carolina
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Policy TrackingDate
Approved
RevisedJune 6, 2018
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, gender, religion, age, national origin, disability status, military status, protected First Amendment rights or any other protected class as prohibited by law or if the decision is a violation of state or federal law.
  2. Process
    1. No later than ten (10) business days prior to the end of the Contract Period, 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. If the employee wishes to appeal the notice of non-renewal, the employee must, within ten (10) business days of notification, request, in writing, for a hearing before the Board of Trustees. This request must be by letter to the Chairman of the Board of Trustees with a copy sent to the President.  The notice must clearly state the employee’s reason for the hearing and a plain statement of the facts.  Hearings for non-renewal shall only be granted if the employee provides a credible forecast of evidence that the non-renewal is based on Impermissible Grounds.  The Chairman shall set a date for the hearing to be held within fifteen (15) business days of the receipt of the written request and shall notify the employee and the President of the hearing date.

During the hearing the following rules will apply:

  1. The hearing will be held in closed session by a committee of the Board of Trustees (“Committee”) with a decision based on the majority vote of those present;
  2. The employee shall have the right to legal counsel at his/her own expense, the right to present and cross-examine witnesses, the right to present documentary evidence, and the right to examine all documents and demonstrative evidence used against him/her at the hearing. The employee has the right, at his or her expense, to transcribe the hearing. The name of the legal 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 (the Committee chair reserves the right to reschedule the hearing if the employee does not provide prior notice of legal counsel as indicated herein);
  3. The President or a designee shall participate in the hearing, present evidence, and cross-examine witnesses; and
  4. Following the presentation of evidence, the Committee shall consider the matter with the parties being present. The Committee shall transmit its decision in writing to the employee and the President within ten (10) business days after the hearing.
  5. Strict rules of evidence or procedure do not apply to hearings before the Committee. The Committee may consider any and all evidence that it determines to be fair and reliable. The Committee will be the sole judge of the weight given to specific evidence and the credibility of all witnesses. The conduct of the hearing shall be under the Committee Chair’s control.