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Section IV.F.8: Change in Contract Status Procedures (Lone Star College System)

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Section IV.F.8: Change in Contract Status Procedures
These procedures supplement and clarify Section IV.F.8 of the Lone Star College System
District Board Policy Manual (“Policy Manual”) last revised by the Board of Trustees on
December 3, 2015—setting out the College’s policies regarding particular changes in
employment contracts at least one year long.
The Policy Manual controls when a conflict arises between it and the procedures below.
These procedures were last updated on March 10, 2016. The notice and comment period
was open to the public online from February 4, 2016 through March 4, 2016.
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.8 of the Policy Manual.
1. Change in Contract Status. A Change in Contract Status, as defined in the Policy
Manual and these procedures, includes only the forms of modification specifically set forth
in Section IV.F.8.02(a)(1) through IV.F.8.02(a)(3) of the Policy Manual. When the College
changes an employment contract (other than terminating it) in a manner not covered in the
examples below, such a change may be grieved via the Grievance Policy–Section IV.F.10 of
the Policy Manual. Likewise, to the extent that an employment contract is terminated, the
termination may be challenged through the Contract Termination Policy–Section IV.F.10.13
of the Policy Manual. Specific forms of modification covered by these procedures are restated
here for ease of reference:
a. The return to an annual contract in the subsequent academic year in the case of a
faculty member or administrator on a multiple-year contract.
Example: The College informs Professor John Doe that his employment contract
will be changed from a renewable two-year contract to a renewable one-year contract
starting the next fall semester. Professor John Doe’s contract status change is covered
by these procedures and Section IV.F.8 of the Policy Manual.
b. The continuation of an annual contract in the subsequent academic year in the case
of a faculty member or administrator on an annual contract who has, since execution
of that annual contract, become eligible for a multiple-year contract.
Example: The College hires Professor Jane Doe initially on a one-year, potentially
renewable contract for 2016-2017 and promises that Professor Doe will be eligible
for a multiple-year contract starting with the 2018-2019 contract term. In February
2018, Professor Doe is informed that she will not be moving to a multiple-year
contract but will stay on a one-year contract. Professor Jane Doe’s contract status
change (or lack thereof in this example) is covered by these procedures and Section
IV.F.8 of the Policy Manual.
Importantly, Professor Jane Doe is only covered in the example above for the 2018-
2019 non-augmentation of her contract from one year to two years and cannot
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indefinitely file challenges under this Section every year her contract is renewed for
one year after 2018-2019. In other words, only the first year in which Professor Jane
Doe was eligible to receive a multiple-year contract triggers this Section.
c. The non-renewal of either an annual or multiple-year contract in the subsequent
academic year.
Example: The College employs Jennie Doe on a one-year contract. The College
tells Jennie that her contract will not be renewed for the next contract term. Jennie’s
contract non-renewal is covered by these procedures and Section IV.F.8 of the Policy
Manual.
2. Notice Procedures. Notice of Change in Contract Status, as defined in the Policy
Manual and these procedures, shall be given by the Chancellor on or before March 1st
preceding the end of the contract term fixed in the current contract—provided the employee
was employed before March 1st.
Example: The College employs Benjamin Doe on May 1st for the remainder of the
current fiscal year through August 31st. The College cannot give Benjamin the March
1st notice because Benjamin did not begin employment with the College until May.
Benjamin is therefore not entitled to receive the March 1st notice.
The Board of Trustees may employ the contractual employee in the same capacity for the
succeeding academic year if the Chancellor fails to provide the March 1st notice, but not
receiving the notice does not create a property interest in a contract for the subsequent fiscal
year. This process is not valid in the event that the Board of Trustees takes action for a
reduction in force.
The Notice of Change in Contract Status shall be delivered through means not less than the
United States Postal Service’s Certified Mail Return Receipt Request Service to the current
address on file with the Human Resources Department. Notice 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 department.
Employees hired after March 1st but before August 1st who have executed a prorated
employment contract for that fiscal year will receive 30-day notice of non-renewal in lieu of
the March 1 notice. Contractual employees hired after March 1st with a prorated contract for
that fiscal year have no property interest in a contract for the subsequent full academic year.
Example: The College employs Benjamin Doe on May 1, 2017 for the remainder
of the 2016-2017 fiscal year. The College cannot give Benjamin the March 1st notice
in 2017 because Benjamin did not begin employment with the College until May.
Benjamin is therefore not entitled to receive the March 1st notice for his 2016-2017
contract or employment. The College renews Benjamin’s contract for the 2017-2018
fiscal year. Benjamin is entitled to the March 1st notice in 2018 for the 2018-2019
contract.
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3. Appeal. Employees who receive a Notice of Change in Contract Status under these
policies and procedures may file an appeal as explained in Section IV.F.8 of the Policy Manual.
That Appeal must be filed using Form 1 attached to these procedures as an Appendix.
Employees must submit Form 1 to the Office of the Chancellor through its Chief of Staff.
4. Conference. The Chancellor will acknowledge receipt of the Appeal and set a time,
place, and date for a personal meeting with the affected contractual employee as soon as
practical via Form 2 attached to these procedures as an Appendix. The Chancellor’s decision
is due to the affected employee within 15 working days of receiving the Request for Appeal
of Change in Contract Status (Form 1).
5. Appeal to the Board of Trustees. The affected contractual employee may petition
the Board of Trustees for an appeal only if the affected contractual employee alleges a
procedural irregularity in the manner of processing the Change in Contract Status. This
appeal is to be delivered to the Board Liaison in the Office of the Chancellor via Form 3
attached to these procedures as an Appendix. The Board of Trustees’ decision to hear an
appeal is discretionary.
Effective Date: March 10, 2016.
______________________________________
Dr. Stephen C. Head, Chancellor
Lone Star College System
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Request for Appeal of Change in Contract Status (Form 1):
Employee:
__________________________________
Print Name
__________________________________
Signature
__________________________________
Date
Please remember to attach a summary of the basis for your appeal.
Office of the Chancellor Date Received: ___________________________________________.
Receiving Employee in the Chancellor’s Office: __________________________________.
Printed Name
___________________________________.
Signature
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Appeal Receipt and Conference Notification (Form 2):
Receipt Notice Sent To:
__________________________________
Print Name
Receipt Notice Sent By:
__________________________________
Print Name
CMRRR No.: __________________________________
Certified Mail Return Receipt Request No.
Date Receipt of Notice Sent: __________________________________
---------------------------------------------------------------------------------------------------------------------
Appeal Receipt and Conference Notification
I acknowledge receipt of your Appeal challenging the recommendation my office has received
under Section IV.F.8 of the Lone Star College System District Policy Manual for a change in your
contract status. I have tentatively scheduled your conference for the date, time, and place below.
If this time conflicts with your schedule, or you are otherwise unable to make this appointment,
please let me know as soon as possible so we can reschedule to a more convenient time. I must
inform you of my decision within 15 working days of receiving your Notice of Appeal. In light of
that requirement, this conference must occur relatively soon to allow me sufficient time to consider
your Appeal in detail before that deadline.
Time: _______________________
Location: _______________________
Date: _______________________
____________________________ __________________
Dr. Stephen C. Head Date
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Request for Board Appeal of Change in Contract Status (Form 3):
Employee:
__________________________________
Print Name
__________________________________
Signature
Specific Board Policy Allegedly Violated: _____________________________
(Please reference specific policy sections) _____________________________
Please remember to attach a summary of the basis for your appeal.
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Section IV.F.8: Change in Contract Status Procedures (Lone Star College System)

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Completed 4 February 2021

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