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Part 4. Personnel Policies
Section IV. Performance/Evaluation/Termination
C. Nonrenewal of Employment Contract (Updated 5/02)
All salaried employees of Idaho State University who are not tenured faculty members or who are not subject to the Idaho Division of Human Resources and Personnel Commission have fixed terms of employment. No contract of employment with such an individual may exceed one (1) year without the prior express approval of the Board. Employment beyond the contract period may not be legally presumed. Renewal of an employment contract is subject solely to the discretion of the President and, where applicable, the Board.
2. Nonrenewal of Nonclassified Employees
a. Notice of Nonrenewal
Notice of the decision of the President to nonrenew a contract of employment of an administrative nonclassified employee must be given in writing to the employee at least sixty (60) calendar days before the end of the existing period of appointment.
Reasons for nonrenewal need not be stated. Nonrenewal without cause is the legal right of the President. If any reasons for nonrenewal are provided to the employee for information, it does not convert the nonrenewal to dismissal for cause and does not establish or shift any burden of proof. Failure to give timely notice of nonrenewal because of mechanical, clerical, mailing, or similar error is not deemed to renew the contract of employment for another full term, but the existing term of employment must be extended to the number of days necessary to allow sixty (60) calendar days notice to the employee.
Except as set forth in this paragraph, nonrenewal is not grievable within the University nor is it appealable to the Board. However, if an employee presents bona fide allegations and evidence in writing to the President that the nonrenewal of the contract of employment was the result of discrimination prohibited by applicable law, the employee is entitled to use the internal discrimination grievance procedure to test the allegation. The normal internal grievance procedure for discrimination must be used unless changed by mutual consent of the parties. The ultimate burden of proof rests with the employee. The University is required to offer evidence of its reasons for nonrenewal only if the employee has made a prima facie showing that the recommendation of nonrenewal was made for reasons prohibited by applicable law. Unless mutually agreed to by the parties in writing, the use of the discrimination grievance procedure will not delay the effective date of nonrenewal. Following the discrimination grievance procedures, if any, the decision of the University is final.
The nonclassified employee may petition the Board to review the final action of the University. Any petition for review must be filed at the Office of the State Board of Education within fifteen (15) calendar days after the employee receives notice of final action under the grievance procedure. The Board may agree to review the final action, setting out whatever procedure and conditions for review it deems appropriate, or it may choose not to review the final action. The fact that a review petition has been filed will not stay the effectiveness of the final action, nor will the grant of a petition for review, unless specifically provided by the Board. Board review is not a matter of right. An employee need not petition for Board review in order to have exhausted administrative remedies for purposes of judicial review.
3. Nonrenewal of Nontenured Faculty Members
a. Notice of nonrenewal must be given in writing and in accordance with the following standards:
(1) First Year of Service - Not later than March 1 of the first full academic year of service if the appointment is not to be renewed at the end of the academic year; or if a one-year appointment terminates during an academic year, and is not to be renewed, at least three (3) months in advance of its termination.
(2) Second Year of Service - Not later than December 15 of the second full academic year of service if the appointment is not to be renewed at the end of the academic year; or if the appointment terminates during an academic year, and is not to be renewed, at least six (6) months in advance of its termination.
(3) Three (3) or More Years of Service - Not later than July 15 preceding the academic year at the end of which the appointment is to be terminated; or, if the appointment terminates during an academic year and is not to be renewed, at least twelve (12) months in advance of its termination.
(4) Failure to provide timely notice of nonrenewal because of mechanical, clerical, or mailing error does not extend or renew the letter or contract of employment for another term, but the existing term of employment will be extended to provide the employee with a timely notice of nonrenewal.
(5) Financial Exigency - Notice of nonrenewal is not required
when the Board has authorized a reduction in force resulting from a declaration
of financial exigency and a nontenured faculty member is to be laid off. In
that event, notice of layoff must be given as provided under the policies for
reduction in force.
b. Request for Review
(1) Nonrenewal of nontenured faculty at the end of their term of appointment is not subject to investigation or review except that the employee may request an investigation or review to establish that written notice was or was not received in accordance with the time requirements set forth in this section. In such cases, the investigation or review will be concerned only with manner and date of notification of nonrenewal and will not consider grounds for nonrenewal. The employee must request such investigation or review in writing of the President within fifteen (15) days of receipt of the written notice of nonrenewal.
(2) Provided, however, that if the nontenured faculty member presents bona fide allegations and evidence in writing to the President that the nonreappointment was the result of discrimination prohibited by applicable law, the nontenured faculty member is entitled to use the internal discrimination grievance procedure to test the allegation. In such cases, the same procedures, burden of proof, time limits, etc., as set forth for the grievance of nonrenewal by nonclassified employees shall be used.
c. Reasons
Nontenured faculty members who are notified that they will not be reappointed or that the succeeding academic year will be the terminal year of appointment, in accordance with this section, are not entitled to a statement of the reasons upon which the decision for such action is based. No hearing to review such a decision will be held.
In the case of a nonrenewal of a nontenured faculty member in the College of Technology, notice must be given in writing and in accordance with the following standards:
(1) First Year of Service - Not later than March 1 of the first full academic year of service if the appointment is not to be renewed at the end of the academic year; or if a one-year appointment terminates during an academic year, and is not to be renewed, at least three (3) months in advance of its termination.
(2) Second Year of Service - Not later than December 15 of the second full academic year of service if the appointment is not to be renewed at the end of the academic year; or if the appointment terminates during an academic year, and is not to be renewed, at least six (6) months in advance of its termination.
(3) Three (3) or More Years of Service - Not later than July 15 preceding the academic year at the end of which the appointment is to be terminated; or, if the appointment terminates during an academic year and is not to be renewed, at least twelve (12) months in advance of its termination.
(4) Failure to provide timely notice of nonrenewal because of mechanical, clerical, or mailing error does not extend or renew the letter or contract of employment for another term, but the existing term of employment will be extended to provide the employee with a timely notice of nonrenewal.
(5) Financial Exigency - Notice of nonrenewal is not required when the Board has authorized a reduction in force resulting from a declaration of financial exigency and a nontenured faculty member is to be laid off. In that event, notice of layoff must be given as provided under the policies for reduction in force.
(6) Notice of nonrenewal is not required when the Idaho
State Board of Professional-Technical Education finds that one (1) or more conditions
exist pursuant to Section 101 of the Rules Governing Postsecondary Program Reduction
or Termination, IDAPA 55.01.02.101.