N.J. Admin. Code § 9A:7-2.6 - Review of recommendations

(a) The board of trustees shall review the president's recommendations, which shall include the affirmative action officer's assessment of their impact, and may accept, reject, or modify such recommendations.

(b) If such recommendations as noted in (a) above include the layoff of employees, the board shall be guided by the following principles:

1. The determination by the board of trustees as to which areas are to be reduced shall be based on academic or administrative considerations.

2. If the board modifies the president's recommendations, it shall request an affirmative action analysis of its proposed action.

3. Consideration shall be given to foster those programs and functions which are of major instructional significance at the college.

4. Layoff units need not be coincident with established departments or other subdivisions or units, but may include identifiable programs or further subdivisions or specialties within academic programs or administrative functions as the board may determine appropriate.

5. To the extent it is not inconsistent with 18A:60-3 and the preservation of the institution's academic integrity and educational purpose, layoffs of tenured faculty within a faculty layoff unit shall be made in order of years of service within the layoff unit excluding unpaid leaves of absence, laying off tenured faculty with the fewest years of service first.

6. Where a reduction in force is caused by a natural diminution in enrollment and a partial academic teaching load is available for which a laid-off faculty member is qualified, then such a faculty member shall be given the first opportunity to teach such a partial load, at a salary proportionate to his or her full-time compensation.

7. The use of adjuncts or full-time faculty on overload to assume the equivalent of the full-time academic load in the discipline of faculty who are to be laid off shall not be permitted. Nothing herein shall prevent a college from using adjunct or overload faculty if no laid-off faculty are qualified to teach the scheduled courses, in the academic judgement of the president.

8. The qualifications of laid-off faculty members shall be reviewed by the president of the college. If in the academic judgment of the president the faculty member is qualified to teach in another discipline, and a vacancy exists, or courses are being taught by an adjunct faculty member or by another full-time faculty member on an overload assignment, then the laid-off faculty member shall be employed to fill the vacancy or to assume the courses taught by the adjunct or by the full-time faculty member on an overload basis.

Notes

N.J. Admin. Code § 9A:7-2.6

Amended by R.1995 d.334, effective 6/19/1995.
See: 27 New Jersey Register 1388(a), 27 New Jersey Register 2400(a).