Section
IV.F.10.13
Procedures
and
Forms
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Section IV.F.10.13: Contractual Termination Notice and Appeal
Procedures
These procedures supplement and clarify Section IV.F.10.13 of the Lone Star College District
Policy Manual (“Policy Manual”) last revised by the Board of Trustees on December 3,
2015—setting out the College’s policies regarding termination of employment contracts
during the contract term.
The Policy Manual controls when a conflict arises between it and the procedures below.
These procedures were last updated on April 6, 2016. The notice and comment period was
open online to the public from March 4, 2016 to April 3, 2016.
The notice and appeal procedures found in Section IV.F.10.13 of the Policy Manual apply to
contract terminations that occur during the contract term. These procedures protect an
employee’s property interest in their employment contract. Only employees with executed
employment contracts will be entitled to these procedures. Employees without executed
employment contracts are employed at will and have no property interest in their continued
employment.
Finally, these procedures are relatively brief because the Board of Trustees detailed many
procedures directly in the Policy Manual. Rather than re-publishing them here, we direct the
reader to Section IV.F.10.13 of the Policy Manual.
a. Pre-termination Notice Procedures: All employees subject to termination during
their contract term must receive a Notice of Forthcoming Termination. This notice
serves to provide notice of the reasons for terminating the employee, the nature of
the evidence supporting those reasons, and an opportunity for the employee to
respond in writing. The employee’s supervising President, Vice Chancellor, or Chief
Area Officer delivers this notice to the employee. The Chancellor will deliver this
notice to his or her direct reports (e.g., President or Vice Chancellor).
The Notice of Forthcoming Termination must be delivered to the contractual
employee at least via the United States Postal Service’s Certified Mail Return Receipt
Request service to the current address on file with the Human Resources office. The
Notice of Forthcoming Termination is considered received by the employee once the
U.S. Postal Service attempts delivery at the last address the College has on file from
the employee. Employees must keep their contact information updated with the
Human Resources office. A copy of the Notice of Forthcoming Termination must be
filed in the employee’s Human Resources file. Email may be used in addition to the
postal service, but email delivery cannot replace postal delivery.
The contractual employee has five working days to respond to the Notice of
Forthcoming Termination. The employee responds to this notice by delivering a
written response, at least via email, to the person who signed the Notice of
Forthcoming Termination.