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DFFD (TSBVI) Termination of Employment: Reduction in Force – Non-Contract Employment

APPLICABILITY

This policy applies to the reduction in force of all classified, at-will employment positions except for the position of Internal Auditor who is appointed by the Board.

DEFINITION

Definitions used in this policy are as follows:

  1. “Financial exigency” shall mean any event or occurrence that creates a need for the School to reduce financial expenditures for personnel including, but not limited to, a decline in the School’s financial resources, a decline in enrollment, a cut in funding, expiration or reduction of a grant, or an unanticipated expense or capital need.
  2. “Program change” shall mean any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation.   The term shall include, but not be limited to, a change in curriculum objectives, a modification or reorganization of staffing patterns, a redirection of financial resources to meet the educational needs of the students, a lack of student response to particular course offerings, or legislative revisions to programs.

AFFECTED EMPLOYMENT AREAS

Reduction in force may affect a particular classification, or group of classifications within, or across, departments. When a reduction in force is to be implemented, the Superintendent will determine the affected employment groups, or areas, in a manner that best meets the needs of the School and its students.

CRITERIA

Using the following criteria, department heads shall identify employees to be recommended to the Superintendent for reduction in force.

In each instance that a reduction in force is deemed necessary, an objective rating system will be developed utilizing these criteria and weighting each one of them in a manner that is consistent with its importance in each particular situation.

  1. Performance: Effectiveness as reflected by appraisal records and other written evaluative information.
  2. Job related skills, credentials and experience.
  3. Seniority: Years of service in the School.

EXECUTIVE ACTION

The Superintendent shall determine which employees shall be terminated. The employee shall be advised that a reduction in force has been implemented resulting in his or her termination and shall be informed of the effective date of the termination.

RIGHTS OF EMPLOYEES SUBJECT TO RIF

This provision shall not create a contractual relationship, or any expectation of employee other than “at will.”

An employee who has been terminated under this policy:

  1. may have the employee’s sick leave balance restored if reemployed by the state within twelve months of their termination in accordance with state law;
  2. may be added to the substitute list , upon request;
  3. may apply as an internal applicant for any posted position for which the employee qualifies prior to the effective date of the employee’s termination; and
  4. may apply as an external applicant for any posted position for which the employee qualifies after the effective date of the employee’s termination. Termination by reduction in force shall not be prejudicial to consideration for being rehired.

Adopted:          5/14/83
Amended:        9/27/91, 11/18/94, 11/17/95, 3/21/97, 5/28/03, 4/5/13
Reviewed:       1/24/02