This policy describes the various classifications of staff employees at Santa Fe Community College (SFCC or College).
Scope and Applicability
This policy applies to all employees who are hired by SFCC, except for faculty, adjunct faculty, and student workers. Please refer to Policy 4-44 Employment of Faculty.
The College embraces the philosophy that its employees are its primary asset and therefore uses its best efforts to establish a working relationship with each employee that is stable and predictable. Thus, the College seeks to hire and retain all employees with clear terms and expectations.
- Employment contract Refers to the agreement by which certain employees who are not considered Regular Employees or Faculty are employed by SFCC. Employees who are typically hired by an employment contract include executive level directors, employees in sensitive positions; and any other employee which the College proposes to hire as a contract employee because the circumstances warrant.
- Executive Director/Vice President A staff administrator who reports directly to the President.
- Employee – Sensitive Position Includes any employee reporting directly to the President, members of the President’s cabinet and any other employee who, due to the nature of his or her position, is most appropriately hired under an Employment Contract.
- Good Cause Shall include, but not be limited to, dishonesty, misconduct, the refusal or unwillingness to perform employment duties and responsibilities, insubordination, prolonged absence of more than three (3) days from duty without the consent of the College, conduct that involves moral turpitude or reflects poorly on the public image of the College or interferes with its educational mission, and any violation of local, state or federal law or violation of College policy. A reduction in force also constitutes good cause for termination (Policy 4-40 Special Circumstances Employment Actions).
- Probationary Employee An employee who has been hired to fill a regular full or part-time position who is working in the position during a probationary period. Refer to Policy 4-39: SFCC Employment of Regular Employees for further description.
- Employee – Regular Hired to fill a regular full- or part-time position and who has successfully completed his or her probationary period. Regular Employees have an expectation of continued employment and may be terminated only for good cause. Regular Employees are eligible to apply for any position posted as internal to SFCC employees only.
- Employee – Term Hired to work in a grant funded position or with a specific term of employment.
- Employee – Temporary An employee hired to fill a full- or part-time, non-permanent position for a specified period.
- Temporary Assignment Means a supplemental job for a current employee.
- Probationary and Regular Employees
- An employee is initially hired as a Probationary Employee, and serves a Probationary Period. The Probationary Period is one year from date of hire or upon date of transfer if made within the initial Probationary Period. However, if the employee has attendance, conduct or performance deficiencies during the Probationary Period, the supervisor may, in lieu of termination, extend the employee’s Probationary Period for up to six (6) additional months with a documented performance improvement plan and with the approval of the Executive Director of Human Resources. A Probationary Employee does not have an expectation of continued employment and his or her employment may be terminated with or without cause and with or without notice. A decision to terminate a Probationary Employee is not subject to appeal or review except pursuant to the Policy 4-3 Employee Concerns and Complaints for a violation of College policy. Probationary Employees are not eligible for Earned Educational Leave.
- Once the Probationary Employee has successfully completed the Probationary Period, the employee will be considered a Regular Employee. As a Regular Employee, the employee has an expectation of continued employment and may only be terminated for good cause, including as a result of a Reduction in Force. In the event of a College-initiated reclassification of a position into a different employee type, the new classification of the position with similar duties will govern the probationary period.
- Staffing assignments and job duties are in the sole discretion of the College. The College reserves the right to transfer a Regular Employee to another assignment based upon the staff member’s qualifications and the needs of the College, as determined by the President, in consultation with the Executive Director of Human Resources. If a Regular Employee declines to accept a new assignment, that refusal shall be considered that Regular Employee’s resignation. Please refer to Policy 4-3 Employee Concerns and Complaints.
- A Regular Employee may challenge his or her termination for disciplinary reasons pursuant to Policy 4-2 Employee Corrective Action and Disciplinary Action. The employee may challenge their termination as a result of a Reduction in Force pursuant to Policy 4-40 Special Circumstances Employment Actions.
B. Term Employees
- Term Employees are hired to work in a grant funded position or with a specific term of employment. Term Employee positions are grant-funded, federally-funded or other third-party-funded positions with assigned “begin and end-dates” representing the current term of the funding cycle. Position “end-dates” may be extended by the Hiring Authority contingent upon renewed funding.
- If funding is discontinued, the Term Employee position will be deactivated, and employment will be terminated. A decision to terminate a Term Employee, based on discontinuation of funding, is not subject to appeal or review, nor is it subject to the Reduction in Force as per Policy 4-40 Special Circumstances Employment Actions.
- The College has the right to keep a term employee at the conclusion of their term of employment and moved to regular employee status.
C. Temporary Employees
- Temporary employees are employed on an as-needed basis to fill a non-permanent position for a specified period in a specified position in accordance with the procedures set for in Hiring Policy 4-32.
- Temporary employees do not have an expectation of continued employment and their employment may be terminated with or without cause and with or without notice.
- A decision to terminate the employment of a temporary employee is not subject to appeal or review except pursuant to the SFCC Policy 4-3 Employee Concerns and Complaints for a violation of College policy.
D. Administrators Full-time Executive Directors/Vice Presidents who report to the President shall serve on one-year contracts. The President’s executive administrative assistant and the Governing Board’s executive administrative assistant also serve on a one-year contract. These contracts may be renewed at the discretion of the president.
E. Temporary Assignments
All employee types are eligible for temporary assignments which would not change their primary classification.
F. Contract Employees
- Except as otherwise specifically stated in the terms of their employment contracts, all individuals hired under the terms of an employment contract are considered “at-will” contract employees.
- An employee hired under the terms of an employment contract may be terminated as authorized by the terms of that employee’s employment contract.
- Nothing in College policy is intended to create an expectation of continued employment, or “property interest,” or other rights or privileges, except those that are expressly granted within the terms of the employment contract for such employees.
- Generally, the College may terminate a contract employee with or without cause and with or without notice. However, the terms of any given employment contract may provide for notice prior to termination or non-renewal, severance pay, or even provide that the employee in question may not be terminated except for good cause. In all cases, the terms of the employment contract shall be controlling.
- The decision to not renew or to terminate an employment contract is not subject to formal review, unless provided for in the terms of the employment contract. No contract employee has a right to renewal of their employment contract, unless the terms of that employment contract specifically grant such a right.
G. Relationship to Other College Policies
- All staff, including Probationary and Regular Employees, are required to follow all College policies and procedures, including the SFCC Code of Conduct. Regular Employees are subject to Corrective Action and Discipline pursuant to Policy 4-2.
- All Contract Employees are required to follow all College policies, including the SFCC Code of Conduct. However, such policies and procedures do not constitute an express or implied contract and are not part of the Employment Contract. All Contract Employees are subject to discipline for violations of College policy or applicable law, including oral and written reprimands and suspensions. Such discipline is not subject to review except pursuant to SFCC Employee Concerns and Complaint Policy 4-3 for a violation of College policy. The SFCC Employee Concerns and Complaints Policy 4-3 may be used by anyone who has an Employment Contract with SFCC, excluding those retained under professional-service agreements performed by independent contractors, such as consultants.
Statement of Accountability and Responsibility
The President, through the Executive Director of Human Resources and the Office of Human Resources, shall be responsible for enforcing human resources policies and procedures. The Office of Human Resources shall work with the different departments and offices to comply with this policy and to develop procedures that will enforce this policy regarding awareness, prevention, and remediation.
SFCC Policy 4-2 Employee Corrective Action and Disciplinary Action
SFCC Policy 4-3 Employee Concerns and Complaints
SFCC Policy 4-32 Hiring
SFCC Policy 4-40 Special Circumstances Employment Actions
SFCC Policy 4-44 Employment of Faculty
SFCC Governing Board approved: 4/24/02
Revised and Governing Board approved: 8/5/03
Revised and Governing Board approved: 6/22/16