Administrative Reduction in Force Policy | KCTCS

 

 

 

Administrative Policies

Administrative Reduction in Force Policy

Policy Number: 2.15.3

Current Effective Date: 04/15/2019

Original Effective Date: 04/15/2019

Revision Dates: 04/15/2019

Revision Number: 0

Revision Summary: Initial promulgation

Responsible Official: Vice President, Administrative Services

References: KCTCS Board of Regents Policy 1.1; KCTCS Board of Regents Policy 2.8; KCTCS Administrative Procedure 2.15.3-P

1. Purpose

This policy establishes the Kentucky Community and Technical College System (KCTCS) process for reducing the size of the overall workforce, eliminating programs, reducing the size of or reorganizing an operating unit when circumstances make it prudent or necessary for KCTCS or any part of it to do so.

2. Scope

2.1

This policy applies to all employees, colleges, and programs throughout KCTCS, except where and as specifically excluded herein.

2.2

The protections of this policy do not apply to employees who (1) occupy positions funded by grants and/or outside contracts, AND (2) have accepted offers made explicitly contingent on the continuation of such external funding.

2.3

The protections and requirements of this policy do not apply to employees who have resigned, quit without notice, are in an identified medical status, retired, and who were involuntarily separated after contract expiration, unsatisfactory performance, or misconduct.

2.4

This policy does not apply to part-time, temporary, and seasonal employees.

3. Policy

3.1

The KCTCS President may direct or authorize a reorganization of any operating unit or the lay-off of faculty and/or staff employees only when enrollment, budget, economic, and other critical operating or administrative factors make it financially necessary to do so. This shall be called a Reduction-in-Force (“RIF”). Reorganizations and/or reductions shall be carried out in an orderly manner that gives appropriate notice and process to affected employees according to status.

3.2

Reorganizations of the overall workforce, including reduction in the number of employees, may be performed at the system level, college level, or in any operating unit or part of the system or a college. Reorganizations and program eliminations may be part of a RIF, in which case they are subject to this Procedure, but not every reorganization or program elimination is a RIF action.

3.3

RIFs will be conducted in a manner consistent with the provisions of all applicable laws, including the federal Worker Adjustment and Retraining Notification Act (“WARN”) and its implementing regulations, as amended, and to the extent there is conflict between WARN and this policy, the WARN provisions will control.

3.4 

This Reduction in Force policy and its implementing procedure do not provide “bumping” or “recall” rights, except where and as specifically stated otherwise.

3.5

Termination of employment due to a RIF shall trigger an employee’s right to grieve or appeal only as stated in the implementing KCTCS Administrative Procedure.

4. Procedure

Procedure 2.15.3-P implements this policy.