Policy 4230A
LAYOFF
The College may eliminate, consolidate, or otherwise discontinue positions due to lack of enrollment, lack of funds, lack of work, budgetary constraints, or other legitimate needs of the College. The College will comply with all applicable laws and regulations when implementing a Reduction in Force. All Reduction in Force decisions will be made without regard to race, color, religion, sex, national origin, age, disability, genetic information, or other protected characteristic under applicable law. A position elimination or separation of employment due to a Reduction in Force is considered a layoff that is not for cause.
| Last Review Date | November 2025 |
| History |
Adopted November 19, 1981 |
Procedure 4230A
LAYOFF
| Effective Date | November 1981 |
| Last Revision Date | November 2025 - Provisionally Revised |
| Policy Steward | Associate Vice President of Human Resources |
1. Procedure
Applicability
All employment positions at the College may be subject to a Reduction in Force.
Reduction in Force Determinations
The President, in consultation with the Board of Trustees, may determine a Reduction in Force is necessary due to lack of enrollment, lack of funds, lack of work, budgetary constraints, or other legitimate needs of the College. A Reduction in Force decision involves an evaluation of the need for a particular position. When determining which positions will be eliminated, consolidated, or otherwise discontinued, the College will consider:
- Business needs and operational requirements;
- The mission of the College;
- Position necessity;
- Department or functional reorganization;
- Skills, qualifications, and experience;
- Length of service; and
- Any other considerations that will promote the efficiency of the College.
Reduction in Force Notice.
The College will provide employees whose positions are subject to a Reduction in Force at least 90 calendar days written notice. The written notice shall explain the reasons for the Reduction in Force, the rationale for selecting the employee’s position for the Reduction in Force, information regarding continuation of benefits, if any, and the employee’s right to the appeal process set forth in this Procedure 4230A. The employee’s supervising Vice President, the Associate Vice President of Human Resources, and any necessary individuals will meet with the employee whose position is subject to the Reduction in Force and deliver the notice in person. During the meeting, the employee is entitled to an opportunity to respond to the selection of the employee’s position for the Reduction in Force. After such opportunity, the supervisor and Associate Vice President of Human Resources will make a final decision regarding whether the employee’s position will be eliminated due to the Reduction in Force, and if so, effectuate written notice of the decision at that time.
Employees subject to a Reduction in Force are eligible for re-hiring through the College’s normal hiring process.
Reduction in Force Appeal Procedure.
Employees with the right to appeal whose positions are subject to a Reduction in Force may appeal the Reduction in Force pursuant to this Reduction in Force Appeal Procedure. Employees appointed on a temporary basis, paraprofessional employees employed on a less than full-time basis, employees on Initial Contract Status, and employees serving a Probationary Period are employed at will. No other appeal or grievance process set forth in any other College policy or procedure is applicable to separations due to a Reduction in Force or layoff.
A Reduction in Force appeal may occur during the 90-day notice of the Reduction in Force set forth in this Procedure 4230A.
Step 1: Filing an Appeal
Employees must file a formal notice of appeal with the Associate Vice President of Human Resources within ten (10) calendar days after the date of the written notice of the Reduction in Force. The notice of appeal shall include a brief summary of the basis for the appeal. An appeal submitted after ten (10) days will not be considered, and all rights associated with this Reduction in Force Appeal Procedure are waived by failure to submit a formal appeal within ten (10) calendar days after the date of the notice of Reduction in Force.
Step 2: Initial Assessment
Upon receipt of a formal appeal, the Associate Vice President of Human Resources will initially determine whether the appeal was filed within the appropriate timeframe, and whether the complained of action constitutes a Reduction in Force.
Step 3: Appeal Committee Hearing
Upon determination that the appeal meets the initial requirements set forth above, the Associate Vice President of Human Resources shall submit the appeal to the Appeal Committee for an appeal hearing, with notification of the submission to the Complainant. The Appeal Committee shall consist of three College employees, including two College employees appointed by the President and one College employee selected by the Complainant, subject to approval by the President. The President shall select one member of the Appeal Committee to serve as the Chair of the Appeal Committee. The Chair of the Appeal Committee shall oversee the appeal hearing. The parties to the appeal hearing shall be the Complainant and Respondent (the Associate Vice President of Human Resources or designee).
Within five (5) business days of notification of submission of the appeal to the Appeal Committee, the Complainant and Respondent shall submit statements, in writing, to the Appeal Committee, containing evidence and facts pertaining to the appeal. Upon receipt of the submissions, the Chair of the Appeal Committee shall issue a notice of appeal hearing, setting forth the time and place of the appeal hearing. The appeal hearing shall occur no later than ten (10) business days from submission of the last submitted statement.
At the appeal hearing, the Appeal Committee shall meet with the Complainant and Respondent to discuss the appeal and hear statements from the Complainant and Respondent. The Complainant has the right to have one representative present at the appeal hearing, at the sole expense of the Complainant. The Respondent shall be represented by the College’s attorney. If the Complainant believes there are factual disputes that can only be resolved via witness testimony, the Complainant may elect to present witness testimony at the appeal hearing by provide notice of such intent, complete with names and contact information for witnesses and anticipated statements of each witness, at least five (5) business days prior to the appeal hearing. If the Complainant intends to present witnesses at the hearing, Respondent is also entitled to present witnesses at the hearing, and must provide notice of such intent, complete with names and contact information for witnesses and anticipated statements of each witness, at least three (3) business days prior to the appeal hearing. If witnesses appear at the hearing, the opposing party is entitled to cross-examine said witnesses.
The hearing shall be informal, and the rules of evidence and rules of procedure otherwise applicable to civil litigation are not applicable. The Chair of the Appeal Committee shall administer the hearing and determine any relevancy objections based on the Chair’s discretion. A neutral third-party shall attend the appeal hearing to make a record of the appeal hearing, whether by recording or other means, at the cost of the College.
Based upon the written materials and evidence presented at the appeal hearing, the Appeal Committee may affirm the separation or reinstate the employee. The Appeal Committee’s decision shall be determined by a majority vote. Within five (5) business days of the appeal hearing, the Appeal Committee shall issue a written decision. The decision of the Appeal Committee is final, subject to any available remedies at law.
2. Definitions
- “At will”: “At will” employees are those employees who may be terminated at any time and for any reason (or no reason), with or without cause, with or without advance notice, and without right to appeal or any grievance or appeal procedures. Employees appointed on a temporary basis, paraprofessionals employees employed on a less than full-time basis, employees on Initial Contract Status, and employees serving a Probationary Period are employed at will.
- College: Western Wyoming Community College.
- Complainant: An employee who is not employed at will and appeals a Reduction in Force separation pursuant to the Reduction in Force Appeal Procedure.
- Appeal Committee: A committee of three College employees, including two College employees appointed by the President and one College employee selected by the Complainant, subject to approval by the President.
- Initial Contract Status: The status prior to attaining Continuing Contract Status. Initial Contract Status employees are employed at will.
- President: The President of the College.
- Probationary Period: A period of time during which the employee’s work performance is evaluated to determine fitness for appointment to regular status.
- Reduction in Force: The elimination, consolidation, or other discontinuation of existing employment positions due to lack of enrollment, lack of funds, lack of work, budgetary constraints, or other legitimate needs of the College.
- Reduction in Force Appeal Procedure: The procedure set forth in Procedure 4230A for employees who are not employed at will to appeal separations due to a Reduction in Force.
- Respondent: The College party to the Reduction in Force Appeal hearing, generally the Associate Vice President of Human Resources or designee.
- Temporary: The status of an employee who is appointed for a specifically limited period on a full-time or less than full-time basis.
| Last Review Date | November 2025 |
| History |
Adopted November 19, 1981 |