WAC 132S-30-064   Tenure regulations -- Nonrenewal of tenured faculty contracts.  (1) The appointing authority shall be deemed to have authority not to renew the contract of any tenured faculty appointee for sufficient cause which for the purpose of this section shall include those grounds enumerated in WAC 132S-30-060 as well as budget reasons, change of instructional program, or lack of students participating in a particular instructional program, if:

     (a) Notice of such nonrenewal is tendered to the individual faculty appointee prior to the last day of winter quarter of any regular college year. Three weeks prior to tendering such notice the president shall refer the matter of nonrenewal to the review committee with appropriate documentation specifying the grounds for the intended nonrenewal of a tenured faculty appointee's contract.

     (b) The review committee to which the matter is referred shall then conduct proceedings pursuant to WAC 132S-30-062 (3) and (4) and at the conclusion of such proceedings make an appropriate recommendation to the appointing authority: Provided, If the review committee to which a proceeding is referred pursuant to this subsection fails to make a recommendation through the president to the appointing authority prior to the last day of winter quarter, such a failure shall be deemed a recommendation that sufficient cause as defined in subsection (1) of this section exists for the nonrenewal of the specific tenured faculty appointee's contract for the ensuing regular college year.

     (2) After the college president has determined that the contract of a tenured faculty appointee shall not be renewed for the ensuing regular college year, but prior to referring the matter to the review committee for proceedings and the recommendations of such review committee, the college president shall:

     (a) Determine whether fiscal problems can be eliminated by the nonrenewal of a probationary faculty appointee's contract for the ensuing regular college year, and if such procedure would not provide a feasible solution;

     (b) Determine whether the individual tenured faculty appointee is qualified for another faculty position within Community College District 19; or

     (c) If such tenured faculty member is not qualified for another position, the college president shall use his best efforts in attempting to procure similar employment for such faculty member in another community college district within the state of Washington.

     (3) If an individual tenured faculty appointee's contract is not renewed for the reasons previously stated in this rule, and a change of circumstances has caused the reestablishment of such former teaching position the president shall then offer such appointment to the tenured faculty member whose contract was not previously renewed.



[Statutory Authority: Chapters 28B.19B [28B.19 ] and 28B.50 RCW. 86-16-010 (Order 86-1), § 132S-30-064, filed 7/25/86. Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-30-064, filed 10/11/82. Formerly WAC 132S-08-080.]