IV.B. Employment Relationship
IV.B.1. Employee Appointment Types
Each position is categorized by the Human Resources office as being in one of the eleven (11) appointment categories, and as exempt or nonexempt. The categories, in turn, affect benefits eligibility, compensation, contractual status and other conditions of employment.
- Chancellor: The chief executive officer of LSCS who serves in a contractual position.
- Location Executive Officer (LEO): The Vice Chancellors and College Presidents of the System, each of whom serves in a contractual position.
- Administrator: Non-instructional employee who serves in a contractual position.
- Faculty: Employees who serve in a contractual relationship with the System and whose primary duties and responsibilities relate to educational programs, or to activities directly related to the educational development of students. The term "faculty" includes temporary faculty, but does not include continuing education instructors or adjuncts.
- Temporary Faculty: "Temporary Faculty" refers to a contractual instructional employee who has the same duties and responsibilities as a permanent member of the faculty. Temporary faculty may be hired in a full-time or reduced load capacity on a semester-by-semester contract basis for a period of one year or less, contingent upon the needs of the System. Temporary faculty members have no right of continuing employment with the System beyond the term of their then current semester contract and do not have a right of notice of non-renewal for their service as temporary faculty members.
- Instructor: Refers to a contractual instructional employee whose duties are instructing and teaching only. Instructors may be hired on a full or reduced teaching load and will be paid at a prorated fulltime faculty salary. Instructors have no right of continued employment with the system beyond their semester or annual contract, do not have right of notice of non-renewal and their service as instructor does not count towards eligibility for a multiyear contract or faculty status.
- Workforce Skilled Trade Instructor: Refers to a contractual instructional employee whose duties are instructing, teaching and program and career development to meet workforce needs identified through LSCS partnerships with business, government and community organizations. Instructors may be hired on a full or reduced teaching load. Position has no right of continued employment with the system beyond the initial term of employment. The position offers no right of notice of non-renewal and service does not count towards eligibility for a multiyear contract or faculty status.
- Professional Staff: An employee who serves in a non-contractual position that is designated as exempt by the Department of Human Resources in accordance with the overtime requirements of the Fair Labor Standards Act.
- Support Staff: An employee who serves in a non-contractual position that is designated as non-exempt by the Department of Human Resources in accordance with the overtime requirements of the Fair Labor Standards Act.
- Adjunct: An employee who receives a limited per semester appointment to teach no more than nine (9) credit hours per semester not to exceed eighteen (18) credit hours in any given academic year. For this purpose, the academic year is defined as a nine month period with two 4.5 semesters.
- Continuing Education (CE) Instructor: An employee who receives a limited appointment to teach specific non-credit course(s).
- Grant Funded Employee: An employee who receives a limited appointment to perform specific services that are supported by external grant funds.
- Volunteer: A person who serves in a non-employee position to perform particular duties or services, without monetary compensation.
LSCS Policy Manual Section adopted by the Board of Trustees on August 6, 2015
Exempt employees are exempt from the provisions of the Fair Labor Standards Act.
Non-Exempt employees are not exempt from the provisions of the Fair Labor Standards Act.
The Human Resources Department is responsible for classifying exempt and non-exempt positions.
All employees shall be subject to assignment and reassignment by the Chancellor as dictated by the needs of the System.
LSCS Policy Manual Section adopted by the Board of Trustees on February 6, 2014
Contractual employees are the only employees who are not at will. A contract of employment with the System creates a property interest in the position for the period of time stated in the contract. Such a contract creates no property interest of any kind beyond the period of time stated in the contract.
All term employment contracts shall be in writing in a form approved by the Board that sets forth the length of the contract and any specific terms and conditions of employment. In most circumstances, contracts shall not be for specific assignments, but shall indicate employment as an administrator, faculty member, or other general employment category. No employment contract shall be issued or considered to be valid or binding on the Board until ratified by Board action.
Employment contracts are reviewed and acted upon annually by the Board of Trustees upon the recommendation of the Chancellor. The Board shall generally consider the renewal of contracts for faculty at the April Board meeting and for administrators and LEO's at the May Board meeting. All contracts are subject to non-renewal and/or change of status should:
- Faculty and/or administrators fail to sign and return initial or renewal employment contracts to the System Human Resources Office within required time periods, and/or
- The interests of the System/College will be served in accordance with Section IV.F.8 "Change in Contract Status," Chapter IV- Human Resources, Board Policy Manual.
IV.B.2.02 Faculty Contract Authority
Faculty appointments shall be recommended by the College President, approved by the Chancellor, and ratified by the Board. Contracts may be for a one or a two-year term.
Within the first three (3) years of employment, and any time annually thereafter should college needs dictate, the College President shall recommend, that full-time faculty receive annual one year contract(s) with terms that end either:
- At the end of the regular academic year (9 month contract);
- At the end of a given summer session term in which the faculty member has agreed to teach (10.5 month contract); or,
- At the end of the fiscal year (12 month contract).
"Tenure" is defined as a multi-year contract that is reviewed and acted upon each year.
A faculty member who has rendered satisfactory service, as rated by the appropriate supervisor, for a period of not less than three years may be eligible to receive a two-year contract.
All faculty with multi-year contracts shall annually be approved by the Chancellor and ratified by the Board for a one-year extension of their contract.
Awarding the continuation of a multi-year status to faculty whose time and employment with the System and performance would merit continuation may be withheld if;
- the faculty member's department or program is unable to make a full load for the faculty member because of declining enrollment; or
- the specific program to which he or she has been assigned is scheduled to be eliminated; or
- any other Reduction in Force condition would indicate a potential reduction in staff.
LEOs receive a multi-year contract and all other administrators receive a one-year contract.
The Chancellor's contract is subject to the requirements contained in Section I. Board of Trustees, Board Policy Manual.
LSCS Policy Manual Section adopted by the Board of Trustees on October 6, 2011
Section revisions as noted
IV.B.3.01 Non-Contractual Employment
Non-contractual personnel shall serve at will, are not employed for any specified length of time, and have no property right in their employment. Nothing in this Policy Manual shall change the employment at will status of non-contractual personnel or shall create any rights to continued employment. The System shall not be bound by any oral representations or agreements related to employment that are inconsistent with these policies or that purport to bind the System to rights not granted by these policies.
The Chancellor or designated representatives shall be responsible for hiring non-contractual employees with appropriate skills and qualifications to fill positions with the System.
All persons who serve as adjunct instructors, continuing education instructors, or grant funded employees, or as post-retirement employees, serve under a limited appointment.
A limited appointment is an at-will position. The person's employment is contingent upon a specified event, such as sufficient enrollment to support a class assignment or the receipt of funding from outside sources. An employee with a limited appointment does not have any right to or expectation of continued employment with the System, has no right of notice of non-continuation of employment, and is not covered by the personnel policies contained in this Section of the Board Policy Manual, unless the policy specifically states that it applies to limited appointment positions.
Under certain circumstances and upon the approval of the Board of Trustees a person may be employed after full retirement on an annual basis, preferably with a reduced load.
Such employment will be recommended by the LEO and the Chancellor to the Board of Trustees if:
- A position has been budgeted for the fiscal year in question and will continue for one semester (for faculty) or more than six months (for non-faculty) employees;
- The employee is requested to continue in his/her current position before retiring; and
- The full-time employment of the retiree is in the best interest of the College or the System.
A person who was previously employed as a full-time faculty member, administrator, professional, or staff employee may return to employment following his or her full retirement, subject to the following conditions:
- Regardless of the position, the retiree is not eligible to receive a contract and does not retain any of the rights of contractual employees;
- The employment begins and ends in the same fiscal year, with no right of reappointment; and
- The retiree is not benefits-eligible. except for those benefits that are provided to retirees or those which the System is legally obligated to provide to all employees, such as family medical leave and workers' compensation.
The returning retiree will be paid for his or her work under the System compensation plan then in effect, but shall not be considered to be a new hire for purposes of placement, and shall not receive promotional or across the board pay increases (including educational increases provided to full-time faculty).
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
IV.B.3A Campus Peace Officers
IV.B.3A.01 Appointing and Commissioning Campus Peace Officers
The Board has statutory authority to employ and commission campus peace officers to promote safety on the College’s premises. TCOLE must certify all campus peace officers as police officers and each officer must take and file the Texas peace officers oath.
(a) Appoint means to administer the Texas peace officer oath of office to a person the College hired.
(b) Campus Peace Officer means a person the College employs as a peace officer under Section 51.203 of the Texas Education Code.
(c) Commission means to grant a person licensed to serve as a peace officer in Texas the authority to serve as a campus peace officer for the College.
(d) College Premises means all real property owned, leased, or otherwise the College controls.
(e) TCOLE means the Texas Commission on Law Enforcement, a state agency with duties and powers regarding peace officers.
IV.B.3A.03 Delegation of Authority
The Board delegates every campus peace officer’s appointment and commission to the Chancellor or a designee. Such delegation of authority will be exercised in congruity with the College’s other hiring policies and procedures.
IV.B.3A.04 Campus Peace Officers Authority
Campus peace officers shall use all lawful means to preserve the peace within their jurisdiction. Although they shall typically confine their duties to the College’s premises, campus peace officers have primary jurisdiction within all counties containing College’s premises, which currently includes the counties of Harris, Montgomery, and San Jacinto.
Within his or her primary jurisdiction, each campus peace officer is vested with all the powers, privileges, and immunities of peace officers; may, in accordance with Chapter 14, Code of Criminal Procedure, arrest without a warrant any person who violates Texas law; and may enforce all traffic laws on streets and highways.
Outside his or her primary jurisdiction, a campus peace officer is vested with all the powers, privileges, and immunities of peace officers and may arrest any person who violates Texas law if the campus peace officer is summoned by another law enforcement agency to provide assistance, is assisting another law enforcement agency, or is otherwise performing his or her duties as a peace officer for the College.
LSCS Policy Manual Section adopted by the Board of Trustees on February 4, 2016
IV.B.4. Volunteers and Interns
Persons who wish to volunteer time at the System may do so with the approval of the Location Executive Officer and the manager of the office to which he or she will be assigned as a volunteer.
- A volunteer is subject to the same review of references, criminal background checks and other reviews as an employee;
- A volunteer must follow the directives of the manager under whose direction the volunteer falls;
- Volunteers are not eligible for any benefits, payments or other remuneration, including tuition remissions;
- A volunteer may not execute any agreements or represent himself or herself as an agent of the System;
- Each volunteer must complete a waiver and release form prepared by the Department of Risk Management releasing the System, its Board, officers, directors and others from any and all liability for injuries incurred by a volunteer.
- No person under the age of 15 will be allowed to serve as a volunteer for any service or function on property or buildings of the System.
Persons who are enrolled for credit in an undergraduate or graduate program or who are seeking experience and/or training in a specialized field may be appointed to serve as interns. In most instances, interns will be volunteers; interns who are paid for their services are at-will and will be paid at a rate that is consistent across the System.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
IV.B.5.01 Emeritus Designation
Upon the Chancellor's recommendation, the Board of Trustees may confer the title of emeritus upon retiring faculty or administrators in recognition of significant contributions to the System through long and distinguished service in administration, teaching, and/or service. Award of the emeritus title does not confer any employment status or rights. Privileges shall include presentation of an appropriate commemorative, a listing in the annual catalog for the life of the honoree, an invitation to the annual May commencement with special seating privileges and introduction and recognition during the commencement program, an invitation to System activities and special events; and use of LSCS Learning Resource Center materials.
The Chancellor shall develop procedures for the nomination and recommendation of qualified individuals for the Board to consider the award of emeritus status.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008