Article X

NON-RENEWAL AND TERMINATION OF NON-PROBATIONARY

PROFESSIONAL EMPLOYEES

Section A. Due Process

1. The Board and Faculty Alliance agree to the mutual benefit of a fair dismissal procedure
(due process) for Professional Employees who have completed at least three consecutive
years of employment at the college and have been offered a fourth contract or who have
prior years of experience as Professional Employees at another institution of higher
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learning in Kansas and have completed at least two consecutive years of employment at
the college and been offered a third contract. This provision balances the relative security
earned through an extended and successful probationary period with employer
expectations of continued quality of professional performance.
2. If a Professional Employee (as defined in paragraph 1) is terminated, they shall be
afforded the right to this procedure to appeal that decision. Professional Employees in the
probationary period may be non-renewed prior to the statutory deadline for any reason
except as protected by Constitutional or other non-discrimination protections. The Board
may formally grant non-probationary status to any Professional Employee at its discretion
before offering a third consecutive contract.
3. Non-probationary Professional Employees may be non-renewed for cause, providing the
Procedural process is closely observed. If the proposed non-renewal is based on ineffective
performance, the college evaluation procedure shall be followed. The Professional
Employee will be informed that their performance is substandard, and the full evaluation
process will be utilized, including a measurable assistance plan.
4. If the non-renewal is based on other reasons, including disciplinary factors or reduction in
force, the procedures outlined in the Agreement shall be followed prior to the termination
or non-renewal.
5. If the non-probationary Professional Employee is non-renewed, they shall be notified in
writing prior to the statutory continuing contract date. The notification shall include the
reasons for the non-renewal. The non-renewed Professional Employee will have 15
calendar days from receipt of the letter to file a written request with the Board for a
hearing.
6. Within ten calendar days, the parties shall meet and select a mutually agreeable party to be
the hearing officer. If that is impossible, the hearing officer shall be an arbitrator selected
by alternately striking names from the KSDE or AAA lists.
7. The hearing shall commence within 45 days after the hearing officer has been selected.
The hearing shall afford procedural due process, including the right of each party to have
counsel, the right of each party to present testimony, the right to cross-examine testimony,
the right to have an orderly hearing and the right of the Professional Employee to a fair
and impartial decision based on substantial evidence.
8. It is the intention of the parties that the decision is rendered prior to August 1st, and all
reasonable efforts should be made to accomplish that goal.
9. The hearing officer's decision shall be final, subject to appeal to the district court by either
party.
10. The Professional Employee shall pay for their expenses, including any witnesses and/or
representation. The Board shall bear all other expenses of the hearing.
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Section B. Reduction in Staff

If the Board determines that there is to be a reduction in staff because of financial exigency,
decline or change in student enrollment or composition, or other valid reasons which will result in the
termination or non-renewal of any non-probationary Professional Employee, the following procedures
shall be followed:
1. The division and/or teaching area in which the Administration has determined reduction is
to take place shall have a meeting with Administration and the Board prior to the actual
reduction in force occurring to allow conversation about the reasons for said reduction in
force.
2. Consideration will be given to any full-time Professional Employee who desires early
retirement or to attrition occurring through Professional Employee resignations received
by the Board on or prior to April 1st in said division and/or teaching area as determined by
the Administration for reduction if said position is one that the Administration has
determined not to fill.
3. Non-tenured, temporary, and part-time employees shall be released before regular fulltime Professional Employees, provided the latter are qualified to carry out the assignments
of such employees.
4. The full-time Professional Employee in the division and/or teaching area designated by the
Administration will be retained by applying the following ordered criteria:
a. is most qualified in the most critical teaching area(s) needed by the College;
b. as the most seniority in years of service to the College;
c. has taken the most graduate hours;
d. if persons are still equal, they will draw numbers to determine who will be released.
The person with the largest number will be released.

Section C. Service and Benefits

Professional Employees shall retain credit for their length of service up to the time that
termination or non-renewal under Section B of this article takes place but shall not be entitled to earn
additional credit for service nor receive benefits thereafter.