|Section III-2: Employment and Contracts
|Employment Preference for Veterans and Spouses or Surviving Spouses
||Regular Contract of Employment
||Contract for Continuing Part-Time
|Procedures for Recruiting and Hiring
Full-Time and Continuing Part-Time Employees
||Contract Limitation for Hourly
|Procedures for Recruiting and
Hiring Part-Time Faculty
||Compensation for Part-Time Faculty
|Faculty Contract Policy
||Contracts for Grant-Funded Employment
|Expectations of Faculty
|Excess Teaching Load/Overload
||Orientation of New Employees
|Justification for Employment
of Relatives (Nepotism)
||Promotion and Transfer
||Reduction in Force
||Separation from the College
||Re-Employment of Retired
|Contracts of Employment Policy
Durham Tech employs personnel based on the college's needs for instruction and instructional support. A contract is issued upon successful completion of probationary period of employment. These contracts are as follows:
- Regular contract of employment for full-time staff (non-faculty) employed on an annual, fiscal year basis;
- Regular contract of employment for full-time faculty employed on an annual academic nine-month year basis (The employment offer letter to prospective faculty also includes a copy of the Faculty Contract Policy - Background Information and Policy Statement. Written acceptance of the employment offer is required along with the signed Faculty Contract Policy information sheet, indicating he/she has received this information.);
- Summer supplemental contract for faculty based on the college's instructional needs.
- Contract for continuing part-time employees for personnel employed for 20 or more hours per week;
- Contract for hourly part-time employees for personnel hired to teach a particular course or to perform a specific job on a temporary basis who are paid only for the number of hours worked;
- Contract with special conditions; or
- Conditional, performance-based contract.
|Regular Contract of Employment
Employees of Durham Technical Community College employed on regular
annual contracts fall within two general categories of employment: faculty
A regular contract of employment covers an approved position at a specified annual salary for a specific time frame with stated beginning and ending dates. Normally, the regular contract term runs from July 1 through June 30. In the case where an employee begins work during the fiscal year, the contract may only cover a partial year. The regular contract may be issued upon successful completion of the probationary period. Regular contract employees are eligible for paid leave and full benefits. There are additional types of regular contracts:
- Contract with Special Conditions
As indicated on the college’s Contract of Employment, from time
to time, the college may determine that certain “special conditions”
should be included within the employment contract. Such special conditions
shall be set out in writing and attached to the employment contract.
These special conditions become part of the contract as if they were
set out in the body of the contract.
Unless otherwise directly requested and directly approved by the President,
the last stated condition for all employment contracts with special
conditions shall read as follows:
“Violation of or failure to comply with any of these special
conditions could result in termination of employment.”
- Conditional, Performance-Based Contract
A conditional contract is a special employment contract based on mandatory
compliance with certain special employment conditions. Terms of the
conditional contract are described in the Due
|Contract for Continuing
The continuing part-time contract is issued to staff or faculty who
regularly work 20 or more hours per week in selected positions. Employees
hired under this contract are eligible for certain benefits. Contracts
for continuing part-time employees are issued quarterly for non-instructional
personnel and on a semester-basis for faculty positions. Applications
and appropriate documentation must be on file for these employees.
In addition, a continuing part-time contract can be used as a supplemental
contract for employees with additional responsibilities beyond those
covered in their regular annual contract.
|Contract Limitation for Hourly
(Hourly Part-Time Employee Contract Limitation Policy)
State and federal laws draw important distinctions for employees based on the number of hours they work per week and the number of hours they work per year. The purpose of this policy is to ensure the college complies with both the letter and the spirit of applicable state and federal employment laws by clearly limiting the number of hours and the duration of hourly part-time contracts.
The college and its contract administrators limit employment of hourly part-time personnel to a maximum of 25 hours per week and a total of no more than 1200 hours worked in any given 12-month period. Employment hours are calculated based on the dates of employment reflected in the employee contract and as verified by the Supervisor. For instructional personnel, the maximum duration of the hourly part-time contract is for a semester or term of instruction. For non-instructional personnel, the maximum duration of the part-time hourly contract is for a six-month period. Additional part-time hourly contracts may be issued as needed but are not implied in the terms of any contract.
An “hourly part-time contract” is an employment contract issued to an employee to carry out a specific job for a specific hourly rate for a specified number of hours and length of time. Terms and conditions may vary with the job.
Employees hired under an hourly part-time contract are paid only for the hours as specified on the contract and as actually worked and then verified by the Supervisor on a part-time employee time report. Hourly part-time employees are not eligible for paid leave or benefits. The hourly part-time employee’s Supervisor initiates the contract according to approved college processes and contract terms. Applications and appropriate documentation must be on file for hourly part-time employees.
|Compensation for Part-Time
Compensation rates for curriculum instructors employed under part-time
contracts are established under rules set forth by the State Board of
Community Colleges. These rates are based on the instructor's level
of academic preparation and are derived from the minimum salaries to
be paid to full-time instructors as stipulated by the N.C. General Assembly.
The part-time pay rates for curriculum instructors are established to
provide some compensation for the necessary work part-time instructors
do outside the classroom (such as grading assignments and conferring
with students). A current
schedule of part-time pay rates for curriculum instructors is available
and maintained in the office of the Chief Instructional Officer.
|Contracts for Grant-Funded
To ensure that employees are aware their position is paid through special
funds or grant funds, the following statement is to be included in the
“Special Conditions of Contract Employment” section of their
“By execution of this contract, the employee expressly acknowledges
that he/she understands that his/her employment at Durham Technical
Community College (and this contract with Durham Technical Community
College) is dependent upon the availability of grant funds. It is further
understood that Durham Technical Community College is under no obligation
to offer employment upon termination of grant funding.”
The term “federal funds” is to be used instead of “grant
funds” for federally-funded positions.
|Due Process Policy
Durham Technical Community College's Due Process
Policy covers regulations regarding employment contracts, the employee
grievance procedure, and regulations regarding an employee's termination
or dismissal from employment.
If a disagreement arises between an employee and another employee, a
supervisor, or the college, a formal procedure is provided for the resolution
of formal grievances. This procedure is to be followed in any situation
in which an employee believes that he/she has been treated unjustly
or in a discriminatory manner. The Grievance
Procedure is detailed in the Due Process Policy.
|Orientation of New Employees
Human Resources staff contact new employees prior to their start date
for employment or on their first day of employment to schedule an orientation.
This orientation is usually held within the first three days of employment.
During orientation, the full benefits package is explained and new employees
are told how to access the Employee Handbook through the college’s
All new full-time and continuing part-time staff employees are employed with a probationary period of a minimum of three months. During
this probationary period, Supervisors must evaluate the new employee's
performance biweekly for a total of five times using the New Employee's
Progress Report form given to the supervisor by Human Resources. The
form is forwarded from Human Resources to the evaluating Supervisor
at the beginning of the new employee’s probationary period. Faculty
members are probationary periods include the length
of their first semester of employment and completion of duties related
to ending the semester and submitting grade reports. During the first
60 days of the probationary period for full-time employees and during
the first 30 days of the probationary period for part-time employees,
the new employee must provide Human Resources with official documentation
to verify education and experience that were important in his/her employment
decision. The required credentials and their due dates become a special
condition of the employee's completion of the probationary period of employment.
The Supervisor completes the new employee's final evaluation prior to
the expiration of the new employee's probationary period, which is
forwarded through the supervisory chain to the Affirmative Action Officer
and the President. Attached to the final evaluation will be the five
progress reports and a letter of recommendation, either to tender the
employee a regular contract for the balance of the fiscal year or to
terminate the employee at the end of the probationary period.
If the employee has not verified all of the required credentials during
the probationary period, this could impact upon the college’s
decision to continue employment. If the decision is made not to offer
employment beyond the probationary period, the employee is notified
by certified letter at least 10 days prior to expiration of the probationary
|Promotion and Transfer
Durham Technical Community College recognizes the need for employees
to reach their individual career potential. The college’s established
promotion and transfer procedure, which is detailed here, provides an
avenue for employee advancement within the institution.
The Human Resources Department posts internal vacancies. Qualified current
employees may apply for internal job openings as positions become available.
For positions posted internally, current employees and individuals employed
by the college within the past three months may apply. Employees desiring
to apply for internal promotion or transfer should complete the Promotion
and Transfer Application form or a new Employment
Application. Both are available in the Human Resources Department.
Employees applying for internal positions are urged to update their
application and professional statement as well as other information
as appropriate for the new position application.
Employees may receive promotions in one of the following ways:
- Reclassification of a position (i.e., accounting technician to
accountant, junior programmer to programmer);
- Assignment of special responsibilities (i.e., program director,
associate or assistant dean); or
- Appointment or transfer to a higher-level position with expanded
job responsibilities and a different job title.
Recommendations for promotion are normally initiated by the employee's
immediate Supervisor and must be endorsed by the Division Head with
final approval by the President.
An employee may be transferred from one department to another without
going through the normal transfer or promotion process when the administration
considers the move to be in the best interest of the college and/or
the employee. An employee may be reassigned to another area, given additional
duties or responsibilities, or have duties or responsibilities reassigned.
Employees usually considered ineligible for promotions and transfers
include those with less than three months of full-time continuous service
at Durham Tech and an employee whose conduct and performance are unacceptable
in a current position.
|Reduction in Force Policy
Reduction in force (RIF) is addressed in the college's Due Process Policy,
under "Other Reasons for Termination
|Separation from the College
The following procedure applies when an employee voluntarily separates
from his/her employment with Durham Technical Community College:
Consistent with the terms of the employment contract, employees wishing
to retire or resign must give a 30-day notice to the college. To give
this notice, the employee is to write a letter to the President indicating
his/her intention to retire or resign no fewer than 30 days prior to
the date of his/her desired departure. The employee is also to send
copies of this letter to Human Resources, the Business Manager/Chief
Financial Officer, the appropriate Division Head, and the immediate
The employee obtains an exit checklist from the Human Resources Department
to ensure that all college property has been returned and that the employee
has been counseled and cleared in areas regarding retirement, leave,
insurance, and related matters. Once Supervisors in all required departments
have initialed the exit checklist, the Business Office is authorized
to release the final paycheck.
The college’s Affirmative Action Policy requires that the Human
Resources Director and/or the Affirmative Action Officer conduct an
exit interview with an employee separating from the college. Should
the employee not return college property, the college reserves the right
to withhold the direct deposit of an employee’s final paycheck
and deduct reasonable costs for unreturned property (including keys)
that is documented as being assigned to the employee. During the exit
interview, the employee leaving the college should instruct Human Resources
as to his/her preferences regarding releasing information not already
a matter of public record.
|Re-Employment of Retired
Retired persons may be re-employed in accordance with the needs of Durham
Technical Community College, Social Security regulations, and policies
regulating the Teachers' and State Employees' Retirement System. The
N.C. General Assembly has legislated that every state retiree must have
a defined break from state employment service before any re-employment
with the state. For those who retire after October 1, 2005, a six-month
break with absolutely no service rendered to a state employer is required
to protect the tax-exempt status of the Teachers’ and State Employees’
Retirement System. Pre-existing agreements between a state employer
and a retiree to return to work following retirement are also prohibited.
Durham Technical Community College limits retirees’ service to
hourly part-time contracts as an indication of the short-term nature
of their re-employment.