COP 05-0302: Appointments

Purpose Statement

To provide all prospective employees of the College with guidelines for employment.

Guidelines

In accordance with State Board of Education Rules Chapter 6A-14, the President shall be appointed by and serves at the pleasure of the Florida SouthWestern State College District Board of Trustees (DBOT). The DBOT has delegated the appointment of all other employees as well as the authority to execute all employment contracts to the President with the DBOT retaining the right to reject any personnel action for cause. As such, personnel action items will be presented to the DBOT for approval at each meeting.

All employment and appointment actions will be conducted in accordance with applicable laws, policies, and procedures. It is the policy of the College to select and promote employees on the basis of their qualifications including education, experience, and relative knowledge, skills and abilities.

1. Employees who do not have a separate, individual written employment contract with a fixed term of employment are employed at the will of the College and are subject to termination at any time with or without cause. At the same time, such employees may terminate their employment at any time and for any reason.
2. No College representative is authorized to modify this procedure for any employee or to enter into any agreement, oral or written, contrary to this procedure. Supervisory and management personnel are not to make any representations to employees or applicants concerning the terms or conditions of employment with the College which are not consistent with College policies.
3. This procedure is not to be construed as a contract for employment. Statements of specific grounds for termination set forth in College procedures or in any other College document are examples only, not all-inclusive lists, and are not intended to restrict the College’s right to terminate at-will.
4. For newly hired, re-employed, transferred, and promoted employees, there will be an introductory period of six (6) months. This applies to all employees not on contract. Introductory periods may be extended upon recommendation of the supervisor in consultation with the CHRO. An employee in an introductory period may be terminated for any reason with approval from the Cabinet level representative of the area and the CHRO.
5. Completion of an introductory period or conferral of regular status does not change an employee’s status as an employee-at-will or in any way restrict the College’s right to terminate such an employee or change the terms or conditions of employment.
6. The President, or designee, is authorized to serve as the Board's agent in negotiations for employment of all College personnel.

Procedures

Types of Appointments

1. Instructional and Administrative Personnel
   1. Faculty, executives, and administrators may work under contract in accordance with Florida statutes, Administrative Rules, Board Policies, and College Operating Procedures.
   2. The employment of new personnel under contract will normally be accomplished by a letter of intent and an appropriate contract. The individual will sign the contract and return it to the Office of Human Resources as soon as possible. Once the contract is returned to the Office of Human Resources it will then be submitted to the District Board of Trustees for approval. The letter of intent will delineate any special conditions of employment.
   3. Each employee under contract will be reviewed prior to renewal for the subsequent year. The Office of Human Resources will notify each supervisor of time frames required to complete required evaluations and contract renewal recommendations.
   4. A list of personnel recommended for contract renewal for the succeeding year will be submitted to the District Board of Trustees for approval.
   5. The Board may enter into continuing contracts with full-time faculty pursuant to State Board of Education Rules for Community Colleges.
   6. Any faculty member holding a continuing contract who accepts an offer of employment at the College in a capacity other than that in which the continuing contract was awarded may be granted an administrative leave of absence for up to three years. This may be extended with approval of the President.
2. Interim Appointment of Personnel by President
   The President, or designee, may authorize the interim appointment of personnel, new or existing, between regular meetings of the District Board of Trustees, with the Board retaining the right to reject the appointment for cause.
3. Adjunct Faculty
   In addition to the specific qualifications, the following will govern the hiring and use of part-time, adjunct faculty:
   1. The teaching load for a part-time credit faculty member during the fall, spring and summer session is determined by the Provost/Vice President, Academic Affairs (VPAA). Adjunct faculty members will be limited to twelve (12) credit hours per fall or spring semester. Adjunct faculty members will be limited to no more than nine (9) credit hours at any one time during the summer semester. The teaching load for adjunct faculty members may not exceed a total of eighteen (18) credit hours during the summer semester. Exceptions to this provision may be made in exceptional cases upon the approval of the Provost/VPAA, in collaboration with the Chief Human Resources and Organizational Development Officer.
   2. Adjunct faculty members that are also employed in other exempt assignments, are limited to working a combination of those positions not to exceed 27 hours per week. The Provost/VPAA or Dean may adjust the schedule of an adjunct faculty member to achieve this balance.
   3. Part-time adjunct faculty are salaried (exempt) temporary employees occupying temporary positions.
   4. Hourly (non-exempt) employees are not permitted to teach as adjuncts due to the Fair Labor Standards Act. Exempt employees, with the permission of their supervisors, may work as adjuncts and are limited to six (6) credit hours per semester. Adjunct teaching may not be scheduled during regular work hours.
   5. The Provost/VPAA is responsible for maintaining a balance of full-time teaching faculty to part-time teaching faculty.
   6. Since part-time faculty are assigned to teach for a short period of time, it is essential that appropriate paperwork be submitted on each person as soon as possible.
      1. The deadline for submission of all personnel and payroll documents is prior to the adjunct faculty member’s first-class meeting. This does not include official transcripts for all degrees conferred and any other coursework used to credential the adjunct to teach which must be submitted no later than 30 days after the adjunct faculty member’s first-class meeting.
      2. Adjuncts that have not submitted the required personnel or payroll documents as stated above may be terminated for cause from their position.
      3. Any exception to these conditions on the hiring and use of part-time credit faculty will be made on a one-time-only emergency basis by the Provost/VPAA, in collaboration with the Chief Human Resources and Organizational Development Officer.
4. Concurrent Instructors
   It is the policy of the College to approve high school teachers to teach classes in the high school for both high school and college credit. These teachers are known as "Concurrent” instructors and are required to have the same educational qualifications as all other College faculty.
   
   Concurrent instructors are allowed to teach a maximum of four dual enrollment classes consisting of up to twelve (12) credit hours per fall or spring semester. Exceptions must be approved by the Provost/VPAA in collaboration with the Chief Human Resources and Organizational Development Officer.