Employment Procedures and Terms of Employment
(Revised by the Board of Trustees 9/17/13)
Employment at the campus level is the responsibility of the Vice President and Campus Director with the exception of Salary Plan D (Administrative Pay Plan) positions which require approval by the President. Employment within the Office of the President is the responsibility of the College President. Employment in the position of Vice President and Campus Director requires the approval by the Board of Trustees.No commitments with respect to hiring and promotions may be made by anyone other than the respective Vice President and Campus Director, the College President, or the Board of Trustees, except in cases where the specific authority to do so has been appropriately delegated through written notice.
Except in the case of a Vice President, the authority to terminate employment rests with the Vice President and Campus Director for campus employees and with the Vice President with administrative responsibility for the employee's division for Office of the President employees.
3.01 POSITIONS IN SALARY PLANS A AND B
Regular, full-time position vacancies shall be posted for a minimum of fifteen (15) calendar days with the following exceptions:
- Positions temporarily filled on an acting basis need not be posted. Individuals may be named to such acting positions by the Vice President and Campus Director for a period not to exceed twelve (12) months. Where unusual circumstances necessitate a longer period of time, such extended periods shall be approved by the Vice President and Campus Director with approval subject to confirmation by the President. The President may make such appointments for positions in the Office of the President.
- An applicant pool, obtained as the result of a competitive recruitment process, may be used to fill subsequent vacancies for a period of six (6) months from the closing date of the original posting when the vacancy is in the same job title on the same campus (or in the Office of the President for OOP postings).
- When a position is posted internally for regular, full-time and regular, part-time Delaware Technical Community College employees, it shall be posted for a minimum of ten (10) calendar days.
3.02 POSITIONS IN SALARY PLAN D (ADMINISTRATIVE SALARY PLAN)
1. Posting Vacancies
a. Introduction: The College's policy is to promote from within the College so long as such an approach is consistent with obtaining qualified applicants from a pool of qualified employees sufficiently diverse to satisfy the goals of the College's Affirmative Action Plan. Such an approach enhances the morale of College employees, and provides meaningful support for the College's efforts to foster the development of skills enabling College employees to advance and assume key positions at all levels.
b. Exceptions to Posting Requirements: Regular, full-time vacancies shall be posted for a minimum of fifteen (15) calendar days with the following exceptions:
(1) Positions may be temporarily filled on an acting basis. Individuals may be named to such acting positions for a period not to exceed twelve (12) months. Where unusual circumstances necessitate a longer period of time, such extended periods shall be approved by the Vice President and Campus Director with approval subject to the confirmation of the President. All appointments to acting positions at the campuses and in the President's Office require the President's approval. The President may, subject to Board approval, make acting appointments for the position of Vice President and Campus Director.
(2) An applicant pool obtained as the result of a competitive recruitment process may be used to fill subsequent vacancies in the same job title occurring on the same campus (or in the Office of the President for OOP postings) where the original position was externally advertised for a period of six (6) months from the closing date of initial posting.
c. Posting Internally (open only to regular, full-time and regular, part-time Delaware Technical Community College employees; no outside advertising): Subject to the exceptions noted in paragraph d below, regular full-time vacancies shall be posted internally for ten (10) calendar days.
d. Posting Externally (open to all applicants; outside advertising, paid or unpaid, permitted):
(1) Recruitment and advertising may be expanded to the State of Delaware if:
(a) There is an inadequate pool of qualified internal applicants, as recommended by the Campus and approved by the Human Resources and Legal Affairs Department; or
(b) The Affirmative Action Plan reflects under-utilization in the posted occupational classification, and under representation within the pool of potential qualified internal applicants.
(2) Recruitment and advertising may be expanded beyond the State of Delaware if:
(a) There continues to be an inadequate pool of qualified applicants, as recommended by the Campus and approved by the Human Resources and Legal Affairs Department; or
(b) The Affirmative Action Plan reflects under-utilization in the posted occupational classification, and the State-wide posting fails to generate a pool of applicants which is as diverse as one would expect based upon the available qualified workforce.
2. Applications for positions at Levels I through IV, Salary Plan D (Administrative Salary Plan), shall be reviewed by the Vice Presidents and Campus Directors at the campuses, or by the President for positions in the Office of the President. The Vice Presidents and Campus Directors shall identify and interview applicants for positions at the campuses and submit candidates to the President for consideration and final approval.
For positions at Level V, the President, in consultation with the Board of Trustees Personnel Committee, will determine the appropriate recruitment and selection process. The President will submit the name and supportive data of the final candidate to the full Board for final approval.
Supportive data shall include, but will not necessarily be limited to, the following:
(a) Application on College Application Form
(b) Resume submitted by the candidate
(c) Verification of employment history
(d) Verification of academic credentials
(e) Verification of affirmative action data
3.03 DURATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
The appointment duration and other terms and conditions of employment for regular, full-time employees shall be as specified in the Personnel Data Form.
3.04 POSITIONS REQUIRING SECURITY CLEARANCE
Certain positions within the College, such as Public Safety Officers, are considered sensitive due to such factors as unaccompanied access to students, equipment, money, etc. When filling a staff vacancy for positions requiring security clearance, any offer of employment must be contingent upon a satisfactory criminal history report. For positions other than Public Safety Officer, the Vice Presidents and Campus Directors will request written approval by the College President, after review by the Human Resources and Legal Affairs Department, to have criminal history checks done.
Criminal history checks will be performed by the Delaware State Police Bureau of Identification, and the report will be forwarded directly to the respective campus. The charge for performing each background check is $25, and the campus is responsible for payment to the State Police.
3.05 PRE-EMPLOYMENT SCREENING FOR SUBSTANCE ABUSE
The final candidate for a regular, full-time position will be required to participate in pre-employment drug testing. When filling a staff vacancy for a regular, full-time position, any offer of employment must be contingent upon a negative test result. The Vice President and Campus Director and/or the President may require pre-employment drug testing for any position other than regular, full-time as s/he deems necessary
Drug testing will be performed by the College's testing service provider and the report forwarded to the Chief Legal Counsel. The charge for performing each test will be the responsibility of the hiring campus.
3.06 PROBATIONARY PERIOD
Every newly hired employee shall be in a probationary status until the employee completes one (1) full year of uninterrupted service with the College. Every regular part time or temporary employee who is hired into a regular full time position shall serve an additional probationary period of one (1) year in the new position. The College may extend any probationary period for an additional year by providing written notice within sixty (60) calendar days prior to the expiration of the probationary period. During a probationary period, or any extension thereof, the College may terminate the probationary employee's employment, with or without cause, upon ten (10) working days prior notice. Such notice shall be in writing. If employment is terminated pursuant to this Section, the employee does not have a right to a hearing under Section XII or XIII of the Personnel Policy Manual.
(Added Board of Trustees, 11/17/1998; revised 6/6/06, 4/3/07)
3.07 DECLINE IN ENROLLMENT OR DECREASE IN EDUCATIONAL SERVICES
Any employee may be terminated upon sixty (60) days written notice in the event the employee's area of employment, or the educational program or administrative function performed by the employee, is reduced or eliminated due to an anticipated decline in enrollment, a decrease in educational services, or a reorganization of College programs. Notice of termination under this Section shall set forth the program affected, and the basis for reduction, elimination or reorganization.
3.08 OTHER TERMS AND CONDITIONS FOR VICE PRESIDENTS
Individuals employed in the position of Vice President on or after September 22, 2005 shall serve at the pleasure of the President and may be removed by the President at any time, with or without cause. A Vice President hired after adoption of this policy shall be an at-will employee, and shall not be entitled to any of the rights or privileges afforded to other employees, or other classes of employees, by any Board or College policy, rule, regulation or procedure regarding discipline, grievances or termination. A Vice President who is removed from his or her position by the President shall not be entitled to other employment with the College.
This policy shall apply to any person who accepts a position as Vice President on or after September 22, 2005, and shall not be limited or otherwise affected by any previous employment with the College, including, but not limited to, previous employment as a Vice President for a different area or campus. This policy shall not apply to an incumbent vice president who continues to serve in his or her current position.
(Added Board of Trustees, 9/22/05)