Support Staff Position Elimination, Position Modification and Reassignment Policy

1. 1. 1. Terms of Employment
         1. The terms of employment of full-time Support Staff are defined by the individual Memorandums of Appointment, which have been approved and signed by the College President and individual employees. The terms provided in the Memorandums of Appointment are binding on both parties. The Memorandum of Appointment applies in the event that a provision of this or any other policy conflicts with the Memorandum. The procedures set forth in Sections II through VII of this policy apply when the decision is made to reassign, substantially modify (i.e., a modification that results in a reduction of salary or a significant change in the nature of the job or length of the appointment), or terminate a position for reasons other than disciplinary action. In the event of a position elimination, the College[1] will attempt to reassign Support Staff to a position for which they are qualified.
         2. While the Administrative Assistant in the College President’s Office serves at the discretion of the College President, he/she maintains all rights under this policy.
      2. Communication
         1. For eliminated positions, substantially modified positions, and reassignments, a written statement will be signed by the College President and provided to the affected employees at the time they are notified of changes in their employment status. It is the intent of the College that notification should be face to face whenever possible unless unavoidable circumstances require verbal or written notice. The statement will summarize any relevant changes.
         2. It is expected that other appropriate College offices and employees will be notified in writing on a need-to-know basis only regarding a change in personnel, if there is any anticipated impact on working relationships between offices.
      3. Notice Requirements
         1. Except in financial exigency as described in Section VII below, Support Staff and Human Resources will receive notification from the Assembly member’s supervisor during the term of their current Memorandum of Appointment if the College intends to eliminate or substantially modify their positions, or reassign them to different positions during the current or following appointment year. A reassignment, modification or job elimination shall not occur until no less than a thirty day[2] advance written notice has been provided.
         2. For reassignments or modifications, any changes in the number of weeks worked, or changes in compensation based on the results of the position description review, will be effective in the current fiscal year or the fiscal year following the then current Memorandum of Appointment as the College indicates. In the event that less than the required notification is provided, the College will compensate the person for the difference or issue an additional Memorandum of Appointment that continues the current terms of employment for no less than the prescribed notification time from the date of notification.
         3. If the College is paying the employee severance for a job elimination in lieu of notice, the employee will be required to sign a severance agreement and release of all claims to receive the pay in lieu of notice.
         4. In the event an employee is provided notice to continue in his/her position in a professional manner during the notice period, he/she may be removed immediately.
      4. Job Descriptions
         1. For modifications in which the primary change is in the length of the appointment, revision and review of the job description will ordinarily not be required.
         2. Modifications in which the primary change is the amount of work assigned are not subject to this policy, and the review and revision of the job description will not ordinarily be required.
         3. For modifications which involve significant changes in the nature, scope, or level of responsibility of existing positions or assignment to a new position:
            1. Revised job descriptions for substantially modified full-time Support Staff positions, and job descriptions for new positions, will be submitted to Human Resources no later than thirty days after the effective date of the modified position.
            2. The review process will be completed no later than thirty days after submission to Human Resources.
               See Procedures Manual  Position Description Procedures - Support and Administrative/Professional Staff.
         4. Job descriptions of Support Staff who are reassigned to full-time or part-time positions in employee groups other than Support Staff will be handled according to applicable College guidelines and procedures.
      5. Reassignments
         Support Staff have the right to apply for any open position at Delta; however, this policy refers to reassignment as being a special circumstance where Support Staff are moved from one Support Staff position to another Support Staff position that is not listed as an open position through the Human Resources website.
         1. Regular Reassignment – Support Staff Initiated: Support Staff have the right to request a regular position reassignment in special circumstances. The College should consider a request but is under no obligation to grant it.
            1. Support Staff may make a written request with rationale to the Director of Human Resources or acting designee[3], named by the Vice President of Finance, for review and determination.
         2. Regular and Temporary Reassignment – Supervisor Initiated: The appropriate authority in his/her Administrative Unit (“Supervisor”) has the right to request a regular position reassignment in special circumstances.
            1. The Supervisor will work with Human Resources to initiate any reassignment as part of reorganization prior to any discussion with the Support Staff.
            2. The Supervisor and Director of Human Resources or acting designee will meet with the Support Staff and provide written notification to the Support Staff at least thirty days prior to any reassignment.
            3. Temporary reassignment written notification will include the terms of the temporary reassignment, including the expected time frame, job description and any pay increases that would result during the temporary reassignment. A temporary reassignment will not extend beyond six months or the fiscal year, whichever comes first, unless there is a written extension with the new terms requested by the Supervisor through Human Resources and the appropriate Executive Staff member.  If the temporary reassignment is continued, prior to the end of the first calendar year of the temporary reassignment, a meeting must be scheduled for the Executive Staff Supervisor, the Supervisor, the Support Staff and the Director of Human Resources to discuss next steps.
         3. Appeal of Reassignment
            1. Support Staff have the right to appeal within seven days from the date of written notification of any Supervisor-initiated reassignment. The request for an appeal must be made in writing to the Director of Human Resources or acting designee, who will mediate a discussion with the Support Staff, the appropriate Executive Staff Supervisor and Supervisor within seven days of the receipt of the written appeal.
            2. If the Director of Human Resources or acting designee determines there are unresolved issues at the completion of mediation, the Director of Human Resources or acting designee will take the issues to the College President for discussion and potential resolution. Human Resources will notify the Support Staff with the decision in writing within two days after mediation.  No reassignment will take place while an appeal is in process.
      6. Elimination of Position that Results in a Loss of Employment.
         1. The College’s Human Resources shall provide appropriate separation services to a Support Staff whose position was eliminated (a “released Support Staff”).
         2. If the position of a Support Staff released under this policy is re-instated, without substantial modification, during a period of two years, the Support Staff may be recalled without posting the position. Support Staff will be notified by registered mail at their last known address of the opportunity to be reappointed to their former position with no less than the same salary, but not below the then current minimum of the salary range for the position. Support Staff must indicate their desire to return to their former position in writing to the Director of Human Resources within seven days from the date of the registered notice. Failure to respond will be considered a rejection of the offer of appointment.
         3. Support Staff released under this policy will have access either to the Conflict Resolution Grievance Procedure or the Equity Grievance Procedure, but not both, to settle disputes involving this policy[4] .
         4. The tuition reimbursement policy will remain in effect for released Support Staff until June 30 of the full fiscal year following their release.
      7. Financial Exigency
         If a financial exigency is declared by the Board of Trustees, the College may release Support Staff during the current Memorandum of Appointment term. Release of Support Staff in this circumstance will be effective with as much notice as reasonably possible based on the financial exigency and administrative need.  To the extent possible, reductions will occur with the least disruption to the College and the students.

[1] Where the term “the College” is referenced in this policy, it is understood that decisions made by “the College” have been made in consultation with the appropriate managers and Executive staff as well as with Human Resources, Assigned Counsel, and other resource persons.

[2] In computing any time limit specified under this policy, Saturdays, Sundays, official school closings, and holidays will be excluded.

[3] In the event the Support Staff is from Human Resources, an acting designee will be named in place of the Director of Human Resources.

[4] See Conflict Resolution Grievance Procedure, Equity Office.

Board Action 4995 – March 12, 2013