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Reduction in Force

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  1. POLICY

    To maintain academic and educational programs central to the college's mission and address unusual financial conditions or financial exigency, the president or designee may implement reduction in force practices in alignment with this policy.

  2. REFERENCES
    1. Bona Fide Financial Exigency and Personnel Reduction, Utah Bd. of Higher Education r. 482.
    2. Guidelines for Reduction in Force, Utah Bd. of Higher Education r. 843.
    3. Guidelines for Payment in Lieu of Notice, Utah Bd. of Higher Education r. 845.
    4. Academic Freedom, Professional Responsibility, Tenure, Termination, and Post-Tenure Review, Utah Bd. of Higher Education r. 481.
  3. DEFINITIONS
    1. Department: a budget center unit of the college with distinct functions.
    2. Financial Exigency: an existing, imminent, or potential financial circumstance declared by the Board of Higher Education that, if left uncorrected, would threaten the College's financial stability.
    3. Layoff: a separation from employment due to a lack of work or budgetary resources and not related to employee performance. This may be temporary or permanent.
    4. Payment in Lieu of Notice: a payment made to full-time employees placed on layoff status for reasons other than cause and without timely notice of a layoff.
    5. Reduction in Force: an action the college takes to reduce expenses, typically through employee layoffs. This applies to financial exigencies and non-financial exigencies.
    6. Regular Staff Member: a staff member whose employment is of a continuous nature, initially funded for a non-temporary period, who has successfully completed the probationary period.

    See Personnel Definitions.

  4. PROCEDURES
    1. Reduction in Force
      1. Employees may be laid off under the following circumstances:
        1. declaration of financial exigency by the Utah State Board of Higher Education; or
        2. a budget plan, including personnel reductions, which is an alternative to a financial exigency declaration.
      2. All employees impacted by layoffs will be provided written notice.
      3. Tenured faculty reduction in force procedures will follow the Academic Freedom, Professional Responsibility, and Tenure Policy.
    2. Declaration of Financial Exigency Resulting in Layoff of Employees
      1. The Board of Higher Education must declare a financial exigency.
      2. If the college president determines that a reduction in force is necessary, the college must submit a personnel reduction plan to the Board of Higher Education. This plan must include a discussion of:
        1. need for personnel reductions;
        2. procedures for personnel reductions;
        3. criteria for determining positions (listed in no particular order):
          1. quality and essentiality of service and work;
          2. field of specialization;
          3. maintenance of necessary programs or services;
          4. rank and time in rank;
          5. tenure;
          6. length of service; and
          7. any other relevant factor
        4. positions proposed to be eliminated;
        5. reasonable alternatives to the declaration of financial exigency; and
        6. other relevant matters, such as, but not limited to:
          1. enrollment;
          2. market demand and analysis for college programs; and
          3. labor market demand for college programs.
      3. The Board of Trustees must approve the personnel reduction plan before submitting it to the Board of Higher Education.
      4. Prioritization
        1. When making reduction in force recommendations, the president may use the following prioritization principles:
          1. Maintenance of academic programs central to the college's mission shall be the highest priority.
          2. Actions will be prioritized to:
            1. comply with legislative requirements;
            2. preserve the quality and effectiveness of essential non-instructional, maintenance, administrative, and support functions; and/or
            3. increase funding through sponsored projects or grants.
          3. Employees of key importance to a program or function will be retained in preference to other employees.
          4. Part-time, temporary, or probationary employees, and non-tenured faculty, will be laid off before tenured and regular employees.
          5. Employees in multiple positions, such as an adjunct instructor who is also a part-time employee, will maintain the position that is not impacted by the reduction in force.
      5. Before submitting the personnel reduction plan to the Board of Higher Education, the college president or designee shall meet with the presidents of the Faculty Association, Staff Senate, and Student Association. Within five business days after meeting with these individuals, each individual may submit recommendations and other information to the college president, which shall be attached to the personnel reduction plan.
      6. Declaration of Financial Exigency and Post-Declaration Requirements
        1. The declaration of financial exigency authorizes the college president to recommend and implement a reduction in force through layoffs as outlined in the approved personnel reduction plan.
        2. The college president must submit progress reports to the Board of Higher Education addressing budgetary and programmatic impacts related to the financial exigency.
        3. The financial exigency will terminate when the Board of Higher Education determines that the financial exigency has been resolved.
        4. No employee may initiate an employee grievance for the loss of employment due to the college's implementation of the State Board of Higher Education's approved declaration of financial exigency.
    3. Criteria for Determining Positions

      In the event of a reduction in force, the following factors may be evaluated:

      1. need for a position or employee to maintain the program and provide services;
      2. quality of an employee's work;
      3. longevity, such as tenure, time in rank, and length of service; and
      4. any other relevant factors.
    4. Notice of Layoff Resulting from a Reduction in Force
      1. Timeliness of Notice
        1. The college will provide written notice of layoff as follows:
          1. Administrators will be given a minimum of 28 calendar days' notice.
          2. Regular staff members will be given a minimum of 28 calendar days' notice.
          3. Faculty members will be provided six calendar months' notice as required by Academic Freedom, Professional Responsibility, and Tenure Policy, section 4.E.6.b (4)(b).
        2. This notice requirement does not apply to part-time, temporary, or probationary employees; however, the college will make every effort to provide a minimum of 28 calendar days' notice.
      2. Content of Notice

        The written notice must include the following information:

        1. effective date of layoff;
        2. reasons for the reduction in force;
        3. benefits information;
        4. severance agreement, if any; and
        5. opportunities available for reinstatement rights.
      3. If an eligible employee is not provided timely notice, they may qualify for a payment in lieu of notice as outlined in section 4.H.
    5. Reinstatement
      1. If the original position from which a regular staff member was laid off becomes available within six months, the affected employee may be recalled for reinstatement.
      2. Reinstatement Procedures
        1. Part-time, temporary, or probationary employees are not eligible for automatic reinstatement.
        2. An employee is only eligible for reinstatement in the department where they previously worked before their layoff.
        3. Prioritization
          1. When more than one affected employee is eligible for recall, priority will be given to the last laid-off employee.
          2. If two or more employees were laid off at the same time, reinstatement will be based on performance level and length of service.
        4. An offer for reinstatement must be accepted within thirty calendar days.
      3. Benefits
        1. If an employee is reinstated within six months of their layoff date, they will:
          1. retain accrued vacation leave, sick leave, and insurance benefits before their layoff date; and
          2. retain the same pay rate as of the time they were laid off.
        2. Some benefits beyond the college's control may not be restored.
    6. Reassignment of Employees

      If an employee is laid off under this policy, the college will undertake reasonable efforts to place the affected employee in a vacant open position, subject to the following limitations:

      1. the affected employee cannot displace another employee currently holding the position; and
      2. the college's obligation does not extend beyond the effective layoff date.
    7. Budget Plan Including a Reduction in Force Without the Declaration of Financial Exigency
      1. If the college needs to reduce or shift expenditures to address a budget deficit, shortage, or legislative mandate, the college president may approve a budget plan that includes a reduction in force without the declaration of financial exigency.
      2. In developing this budget plan, the college president should evaluate the financial and programmatic impact of the following alternative actions:
        1. retirement incentives;
        2. severance packages; not backfilling positions vacated by retirement, resignation, or for other reasons;
        3. reduction in full-time and part-time positions;
        4. discontinuance of academic programs;
        5. reorganization or consolidation of non-academic programs, departments, and support services;
        6. elimination or reduction of:
          1. non-tenured faculty positions;
          2. adjunct faculty positions;
          3. laboratory aides;
          4. teaching assistants; and
          5. part-time and temporary positions;
        7. restrictions on student enrollment;
        8. salary reductions; and
        9. other relevant factors.
      3. Before adopting a budget including reducing employees, the college president or designee shall consult with general counsel and meet with the presidents of the Faculty Association, Staff Senate, and Student Association to discuss the budget plan.
      4. Within five business days after meeting with these individuals, each individual may submit recommendations and other information to the college president, which will be attached to the budget plan and submitted to the board of trustees. The board of trustees must approve the budget plan, including employee reductions.
    8. Payment in Lieu of Notice
      1. If advanced notice of the employee's separation of employment is not provided within a timely manner as outlined in section 4.D.1, the college will issue the affected employee payment in lieu of notice.
      2. Employees not eligible for payment in lieu of notice:
        1. part-time, temporary, and probationary employees;
        2. any employee who is terminated for cause; and
        3. any employee whose termination is voluntary.
      3. Procedure to authorize payment in lieu of notice
        1. PWC will complete a Personnel Action Form (“PAF”).
        2. In the PAF’s comments section, PWC will:
          1. authorize the payment in lieu of notice;
          2. indicate the amount of the payment; and
          3. provide the reason for termination.
      4. Special Financial Rules
        1. Payment in lieu of notice may not offset other payments due to the terminated employee, such as regular payment, overtime pay, and vacation time benefits.
        2. This payment is subject to income tax and social security tax (FICA) withholding and is effective on the employee’s termination date.
        3. For employees terminated under this policy, receipt of benefits will cease on the last day of employment.

Date of last cabinet review: November 18, 2025

The originator of this policy & procedure is People and Workplace Culture. Questions regarding this policy may be directed to the originator by calling 801-957-4210.