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Faculty and Staff Home > Employee Handbook > Section III-2: Employment and Contracts
Section III-2: Employment and Contracts
Job Vacancies Contracts of Employment
Employment Preference for Veterans and Spouses or Surviving Spouses Regular Contract of Employment
Applications Contract for Continuing Part-Time Employees
Procedures for Recruiting and Hiring Full-Time and Continuing Part-Time Employees Contract Limitation for Hourly Part-Time Employees
Procedures for Recruiting and Hiring Part-Time Faculty Compensation for Part-Time Faculty
Faculty Contract Policy Contracts for Grant-Funded Employment
Expectations of Faculty Members Due Process Policy
Excess Teaching Load/Overload Contracts Grievance Procedure
Credentials Verification and Documentation Orientation of New Employees
Justification for Employment Probationary Period
Employment of Relatives (Nepotism) Promotion and Transfer
Secondary Employment Reduction in Force Policy
Salaries Separation from the College
  Re-Employment of Retired Persons

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:

  1. Regular contract of employment for full-time staff (non-faculty) employed on an annual, fiscal year basis;
  2. 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.);
  3. Summer supplemental contract for faculty based on the college's instructional needs.
  4. Contract for continuing part-time employees for personnel employed for 20 or more hours per week;
  5. 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;
  6. Contract with special conditions; or
  7. 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 and non-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 Process Policy.

 

Contract for Continuing Part-Time Employees

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 Part-Time Employees
(Hourly Part-Time Employee Contract Limitation Policy)
Purpose
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.

Policy
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.

Definitions
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. 

Procedure
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 Faculty

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.

 

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Contracts for Grant-Funded Employment

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 contract:

“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.

 

Grievance Procedure

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 intranet website.

 

Probationary Period

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 period.

 

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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 of Employment."

 

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 Supervisor.

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 Persons

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.

 

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Durham Technical Community College
1637 Lawson Street
Durham, NC 27703
919-536-7200

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