3.5 Contents

• 3.5.0 Original and Continuing Appointment
• 3.5.0.0 Definitions
• 3.5.0.1 Eligibility
• 3.5.0.2 Sequence of Appointment
• 3.5.0.3 Leave of Absence
• 3.5.0.4 College Procedures
• 3.5.0.5 Criteria for Multi-Year Appointments
• 3.5.0.6 General Provisions
• 3.5.0.7 Time Frames
• 3.5.1 Appointment Proposal
• 3.5.2 Restricted Faculty Appointments
• 3.5.3 Employment of Adjunct Faculty
  
   

3.5.0 Original and Continuing Appointment

3.5.0.0 Definitions

1. Appointment Dates: The effective date for all appointments is July 1 through June 30 irrespective of whether the rank and salary proposal covers a nine- or twelve-month period. The rank and salary proposal specifies the period of service, the rank and the salary. The period of service for nine-month faculty is August 16 -May 15 and July 1 - June 30 for twelve-month faculty.
    
2. One-year Appointment: A one-year appointment is for one (l) year and may be renewed annually.
    
3. Multi-year Appointments: Multi-year appointments are for three or five years in duration.
    
1. Three-year Appointment: A three-year appointment is for three (3) years and is not affected by change in faculty rank.
    
2. Five-year Appointment: A five-year appointment is for five (5) years and is not affected by change in faculty rank.


4. D. Year of Service: For purposes of eligibility for multi-year appointments, a year of full-time employment for both nine-month and twelve-month faculty personnel is full-time employment for two academic semesters (fall and spring), the salary for which is chargeable to a single fiscal year's budget. Employment for less than this period shall not constitute a year of full-time employment and shall not count toward the time eligibility period for a multi-year appointment. An unauthorized absence of 14 days or less in an academic year will not cause that year to be discounted. See IV. Leave of Absence.
    
5. Non-Reappointment: The decision not to renew the appointment of a faculty member at the end of the current appointment period.
   

3.5.0.1 Eligibility  page top

1. Faculty: Only teaching faculty, counselors, and librarians, who are employed in unrestricted full-time appointments and have been recommended for reappointment, are eligible for three- and five-year appointments. Administrators who hold faculty rank, faculty members with the rank of assistant instructor or lecturer, or those on restricted appointments serve only one-year or shorter appointments. Whenever the person becomes otherwise qualified, full-time employment in these capacities counts toward the eligibility for a multi-year appointment.
    
2. Tenured Faculty: Faculty having tenure on the effective date of this policy shall, unless they elect otherwise, remain subject to the tenure policy of January 29, l969, as amended; however, such faculty shall be subject to the college evaluation procedures.
   

3.5.0.2 Sequence of Appointment

1. Normal Sequence: The normal sequence of appointment under this policy is three (3) one-year appointments, one (l) three-year appointment, and then the first five-year appointment. The sequence of appointment is subject to all of the other provisions of this policy. Nothing shall limit the number of one- and three-year appointments which may be granted nor shall anything prohibit the granting of a shorter appointment to a faculty member who had previously held a longer term appointment.
    
2. Continuance: Once a faculty member has been granted a five-year appointment, subsequent three or five multi-year renewal is presumed unless cause for discontinuance is demonstrated following review by the Ad Hoc Appointment Advisory Committee. The President must approve all committee recommendations.
    
3. Termination of Employment: Termination of employment with the VCCS constitutes a break in service for purposes of seniority. (See the Procedure for Reduction of Staff Holding Faculty Rank for the determination of seniority.)
   
   Once a faculty member has been granted a five-year appointment, subsequent three or five multi-year renewal is presumed unless cause for discontinuance is demonstrated following review by the Ad Hoc Appointment Advisory Committee. The President must approve all committee recommendations.
    
4. Transfer Within the VCCS: Upon transfer from one college in the VCCS to another college in the System, the appointment proposals accepted by faculty members while at the former college shall be deemed voided upon such transfers. The normal sequence of appointments at the receiving colleges shall be for faculty members to receive two (2) one-year appointments before being considered for the type of appointments for which they would have been eligible had they remained at the former institutions.
    
5. Change of Status: For teaching faculty, counselors and librarians who hold a multi-year appointment, an appointment to an administrator's position shall void the multi-year appointment, since administrators receive only one-year appointments. For administrators transferring to a teaching, counselor or librarian position, the normal sequence of appointment shall be for the faculty member to receive one (1) one-year appointment before being recommended to the Ad Hoc Appointment Advisory Committee for consideration of a multi-year appointment, based on total previous service in the VCCS.

3.5.0.3 Leave of Absence  page top

1. Education Leave
    
1. Partial Pay: Faculty members holding three- or five-year appointments who are granted educational leaves of absence with partial pay and are not employed full-time during at least two academic semesters of the period August 16 through August 15 of the following year have their current multi-year appointments extended for one year.
    
2. Years of Service: An educational leave of absence, with or without pay, does not disqualify the year of its occurrence as counting towards a year of service. No more than two academic years may be exempted from the years of full-time service requirement because of educational leave.
    
2. Military Leave: A military leave of absence, for a member of a reserve unit who is called to active duty, and who, upon completion of her or his military obligation, returns immediately to the College, shall not disqualify the active military duty period as counting towards a year of service for purposes of promotion or multi-year appointments.
    
3. Leave With or Without Pay: Periods of leave, with or without pay (except for the use of earned annual or sick leave, educational leave, sabbaticals, or military leave), of over 14 calendar days cause a discontinuity for a semester, disqualifying the semester from counting towards a full year of employment, unless specific arrangements have been made between the president and faculty member. The arrangements must be in writing and placed in the faculty member's personnel file prior to the beginning of the leave. No leave without pay agreement shall exceed one fiscal year in length.
    
4. Extension: An extension of more than two years beyond the original expiration date of a multi-year appointment is not authorized.
   

3.5.0.4 College Procedures

1. Ad Hoc Appointment Advisory Committee: The president establishes an Ad Hoc Appointment Advisory Committee to provide information and advice for the president's consideration on all faculty members eligible for three- and five-year appointments.
    
2. Committee Membership: The distribution of the membership of this committee is determined by the president and is from the various segments of the college faculty (teaching faculty, counselors, and librarians) and administrators. Where practicable, the faculty membership is in general proportion to the college population of each such faculty segment, but in no case are there to be less than one representative from each faculty segment. The various segments of the college faculty elect from their members their representatives on this committee. The president appoints administrators to this committee, but in no case will administrative representatives exceed one-third (1/3) of the committee membership.
    
3. Committee Procedures
    
1. Operating Procedures: The committee elects a chair from the membership and establishes operating procedures necessary to fulfill its function in accordance with guidelines established by the president. These guidelines include the following provisions:
    
   1. that a faculty member eligible for a three- or five-year appointment may appear before the committee to present such information as the committee deems appropriate; and
       
   2. in the event that an administrator has participated in any preliminary decision regarding the current evaluation of the faculty member in question, the administrator will be replaced by another administrator appointed by the president for the consideration of that faculty member.
2. Considerations for Appointments: The committee considers all eligible faculty for three- or five-year appointments and any other faculty who have been recommended for special consideration by the president.

3.5.0.5 Criteria for Multi-Year Appointments page top

The criteria to be considered by the committee as it considers faculty for three-and five-year appointments includes, but is not be limited to, the following:

1. Competence of faculty members as teachers or in their assigned functions;
2. Effectiveness of faculty members in carrying out their functions and duties as prescribed in the VHCC Faculty & Staff Manual;
3. Ability to establish and maintain positive professional relationships with colleagues, supervisors, students, and the community;
4. Extent and currency of professional qualifications;
5. Adherence to all policies, procedures and regulations as outlined in the VHCC Faculty & Staff Manual, the VCCS Policy Manual, any policy, procedure, and regulation adopted by the College or the VCCS, and the laws of the Commonwealth of Virginia; and
6. Evaluations.

Where additional criteria are considered, they are to be stated in the report of the committee. In order for the committee to consider appropriately the above criteria, the committee has access to all available information regarding each faculty member under consideration. Such information must be retained in strict confidence by the committee.

3.5.0.6 General Provisions

1. Appointment: All appointments are considered approved by the State Board for Community Colleges upon execution of the faculty employment contract by the President or Chancellor if that the appointment is made in accordance with the provisions of VCCS Policy Manual and applicable state and federal law.
    
2. Multi-year Appointments: Faculty members shall indicate their acceptance of the multi-year appointment by signing and returning the Appointment Proposal to the President within the designated time frame. The President submits a certification to the Chancellor that the provisions of this Appointment Policy have been followed in the offering of multi-year appointments to College faculty.
    
3. Original and Continuing Appointment: By signing the Faculty Employment Contract, faculty agree to accept the general conditions of employment set forth in the VHCC Faulty & Staff Manual and the VCCS Policy Manual. Additionally, each appointment is made expressly subject to the terms and conditions of the Appropriations Act of the Virginia General Assembly and the applicable laws of the Commonwealth of Virginia. Conditions of employment, academic rank, salary and beginning and ending dates shall be specified on the VCCS Rank and Salary Proposal Form.
    
4. Non-Reappointment or Change in Conditions: The President notifies the faculty member in writing of the intent to non-reappoint or of any changes in the conditions of employment or special contingencies by the following dates.

 
1. January 15 during the first year of service.
    
2. December 15 after one year of service.
   
   
5. Multi-campus Institutions: In a multi-campus college within the VCCS, the provisions of this policy shall apply to the institution as a whole and service on one campus shall transfer to other campuses within the same college.

3.5.0.7 Time Frames

1. Changes in Appointment Status: Changes in appointment status for 9-month faculty become effective on August 16 and for 12-month faculty on July 1 each year.
    
2. Date of Notification: The president shall advise all faculty members in writing no later than June 30 of their academic rank and salary for the upcoming contract period.
    
3. Return Date: If an Appointment Proposal or the Faculty Employment Contract is not returned within the specified timeframe the college may withdraw the offer.

3.5.1 Appointment Proposal and Faculty Employment Contract Forms page top

Purpose: To provide instructions on the completion of the Appointment Proposal Form and the Faculty Employment Contract Forms.

3.5.1.0 Appointment Proposal Form: VCCS-34A-1

1. Use: The Appointment Policy is used when there is a change in the conditions of the faculty member's employment. The following actions require an appointment proposal:
    
   1. Change in multi-year status.
   2. Change from a nine-month teaching position to a twelve-month teaching position or from a twelve-month teaching position to a nine-month teaching position.
   3. Change from twelve month administrative position to nine month administrative position.
   4. Change from administrative/professional faculty position to a teaching faculty position.
   5. Change in the academic field taught.
   6. Change from nine-month program head to nine-month faculty or nine-month faculty to nine-month program head.
   7. Other changes deemed appropriate by the College.
      
    
2. Time Frames: The time frame on the Appointment Proposal is from August 16 through May 15 for nine-month teaching faculty and July 1 through June 30 for twelve-month teaching faculty and administrators. For multi-year appointment, the period covered is the length of the one, three, or five year appointment.
    
3. Deadlines: Appointment Proposals, for a change in multi-year status, are issued as soon as possible after the College multi-year process is completed but before Faculty Employment Contracts are issued. Proposals reflecting a change in the conditions of employment are issued by January 15 for faculty with one year of service or less and by December 15 for faculty with more than one year of service in order to be in compliance with the Non-reappointment Policy and Section 3.4.0.5.3 of this policy.

3.5.1.1 Faculty Employment Contract: VCCS 34-A-2

1. Use: The Faculty Employment Contract is the VCCS employment contract. It is used for full-time administrative, professional and teaching faculty.
    
2. Time Frames: Faculty Employment Contracts are dated August 16 through May 15 for nine-month teaching faculty and July 1 through June 30 for administrative, professional faculty and twelve-month instructional faculty. Contracts may not span fiscal years. For example, if an administrator was hired effective June 10, the administrator would be issued one Faculty Employment Contract for the period June 10 through June 30 and a second Faculty Employment Contract for the July 1 through June 30 period.
    
3. Special Conditions: All conditions and terms are entered in the Special Conditions section of the form. These may include additional academic requirements, etc. A timeframe for accomplishment and a statement of the consequence of failure to meet the terms of the special conditions is included if appropriate.
    
4. Restricted Positions: Positions may be restricted by length of appointment or by funding source. All conditions and terms for a restricted rank and salary proposal are described in the "Special Conditions or Assignments" portion of the form. At a minimum, the Statement of Conditions should include, but is not limited to the following: "It is understood that this contract is restricted in nature. Accordingly, there shall be no further notices of non-reappointment as this proposal shall expire without notice at the end of said term. Additionally, this appointment is subject to full and continued availability of funds."

3.5.1.2 Faculty Employment Contract for Non-Routine Appointments: VCCS 34-A-3 page top

1. Use: The Faculty Employment Contract for Non-Routine Appointments is used for full-time administrative, professional and teaching faculty whose initial salaries are to be presented to the State Board for Community Colleges as a non-routine action.
    
2. Definitions:
   
   
   1. Non-routine Action: For the purposes of this policy, a non-routine action is the College's proposal to add to the faculty member's initial calculated salary a competitive salary increment that exceeds the limit in the annual Human Resource Delegated Authority Agreement.
       
   2. Competitive Salary Increment: The criteria for the addition of such competitive increments to an initial salary calculation are provided in Section 3.8.0.1.4.
      
    
3. Procedure: The President requests in writing the Chancellor's authorization to make a non-routine salary offer to a candidate. This request includes information about the recruitment, College needs and the candidate's academic background and salary requirements. With the Chancellor's authorization, an employment offer may be extended pending approval of the State Board.
    
4. Timeframes, Special Conditions, and Restricted Position Requirements: The timeframes, special conditions, and restricted position requirements cited in Section 3.5.1.1, Faculty Employment Contract, B-D apply.
   
   VCCS Policy Section VCCS-34A Faculty Employment Contracts:
   
   VCCS-34A-1
   VCCS 34-A-2
   VCCS 34-A-3

Purpose: Restricted appointments create circumstances that are not appropriately handled by certain policies developed for regular faculty appointments. The purpose of the policies and procedures in this section are to address these special circumstances.

3.5.2.0 Definitions:

1. Restricted Appointment: A restricted appointment is an appointment to a position that is funded in whole or in part by non-State revenues, or has been accepted under special conditions, or that is identifiable as non-continuing in nature.
    
2. Restricted Classified Personnel: Restricted classified personnel are individuals holding an appointment to a restricted classified position.
    
3. Restricted Faculty Personnel: Restricted faculty personnel are individuals holding a restricted appointment to a teaching and research (T&R) faculty position in the Virginia Community College System. Restricted faculty personnel are further categorized as follows:

 
1. Restricted Education and General (E&G) Faculty Personnel: Restricted E&G faculty personnel are appointed to restricted positions funded from Education and General (E&G) funds appropriated to the Virginia Community College System. Restricted E&G faculty personnel provide replacements for permanent faculty members on leave with or without pay for a specific period and who are expected to return at the conclusion of the leave. Conditions appropriate to this category include, but are not limited to, leaves for purposes of education, illness, military, or for personal reasons. Restricted E&G appointments for other purposes must have the prior approval of the Chancellor.
    
2. Grant Funded Faculty Personnel: Restricted grant funded faculty personnel are appointed to restricted positions funded in whole or in part from sources other than Education and General (E&G) funds appropriated to the Virginia Community College System. Grant funds may derive from, but are not limited to, state, federal, local, private, or foundation sources.

3.5.2.1 Scope

1. Applicable to Restricted Faculty Personnel Only: The policies and procedures in this section apply only to restricted faculty personnel. Restricted classified personnel are governed by applicable policies of the Department of Human Resource Management.
    
2. Effect on Other Policies: Except as provided in this section, all policies, procedures, and compensation plans established by the State Board for Community Colleges, the Chancellor of the Virginia Community College System, or individual community colleges for faculty personnel are applicable to restricted faculty personnel. This specifically includes applicable affirmative action plans and procedures. References to "faculty rank personnel" in other Virginia Community College System policies and procedures shall be deemed to include restricted faculty personnel, whether or not such personnel have been awarded faculty rank.

3.5.2.2 Special Provisions Applicable to All Restricted Faculty Personnel

1. Required Notification of Restricted Status: Proposals of appointment to restricted positions must clearly describe the temporary nature of the appointment. See Section 3.5.1, Appointment Proposal and Rank and Salary Proposal forms.
    
2. Reappointment: The provisions of the Original and Continuing Appointment Policy (Section 3.5.0) and Faculty Sanctions (Non-reappointment) Policy do not apply to restricted faculty personnel.
    
3. Reduction in Staff Policy and Severance Pay: The Reduction in Staff Policy does not apply to restricted faculty personnel and restricted faculty personnel are not eligible for severance pay.
    
4. Benefits: Restricted faculty personnel receive all benefits (hospitalization, insurance, retirement, etc.) provided by current state regulations for such positions. The cost of benefits must be included in grant budgets or the institution must bear the expense from other funds.

3.5.2.3 Special Provisions Applicable to Grant Funded Faculty Personnel
 

1. Appointment Periods: The appointment period for grant funded faculty personnel may be made consistent with the period of the controlling grant, however, an appointment may not be for more than twelve months.
    
2. Administrative Titles: At the discretion of the President, descriptive titles for grant funded faculty personnel may be made consistent with titles used by the sponsor of the grant. Such titles are not construed to apply to College or VCCS hierarchical organizational structures or salary scales. Grant funded faculty personnel are normally classified as "administrative officers" for VCCS appointment purposes.
    
3. Faculty Rank and Faculty Qualifications: Unless the duties of the grant funded faculty personnel involve instruction of credit courses or other functions where faculty rank is appropriate, faculty rank is not assigned and faculty qualifications prescribed in the VCCS 29, Normal Minimum Criteria for Each Faculty Rank, do not apply.
    
4. Salary: Salaries for grant funded faculty personnel are established by the President within resources provided by the grant and are independent of salary ranges associated with faculty ranks or administrative titles.
    
5. Effect of Grant Curtailment or Termination: Grant funded faculty personnel may be terminated whenever the sponsor of the grant curtails or terminates the program.
    
6. Effect of Grant Continuation, Renewal, or Extension: In the event a grant is continued, renewed, or extended, grant funded faculty personnel may be issued a new appointment or may be notified that their appointment will not be renewed. Such notice is in writing and is issued within thirty (30) days of receipt of a notification of the grant continuation, renewal, or extension or within sixty (60) days of the end of the appointment period, whichever is later.

3.5.3 Employment of Adjunct Faculty page top

In accordance with the Criteria of the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), VHCC has developed and implemented a management system for adjunct faculty including recruitment, orientation, compensation, supervision, and evaluation. VHCC publishes and makes available an brochure that contains policies and procedures related to adjunct faculty.  See the VHCC Adjunct Faculty Guidelines [pdf]