Reduction in Force Policy - Human Resources Policy and Procedures

  1. Back to Policies and Procedures Page
  1. Purpose
    1. To define policy and procedure on the terms and conditions of a reduction in force, including layoffs and recall of personnel in the Davis Technical College (College) and the procedures by which such actions are initiated and processed. Nothing in this policy shall be interpreted as creating a contract of employment or guaranteeing continued employment. The College reserves the right to modify its workforce and organizational structure as necessary to meet operational, financial, educational, or strategic needs.
  2. References
    1. Utah System of Higher Education Policy and Procedure R843, Guidelines for Reduction in Force Policy
    2. Utah System of Higher Education Policy and Procedure R845, Guidelines for Payment in Lieu of Notice Policy
    3. Davis Technical College Employee Definitions Policy
    4. Davis Technical College Disciplinary Sanctions of Personnel Policy
  3. Definitions
    1. Reduction in Force - The elimination of one or more positions, reduction in work hours, or restructuring of the workforce due to budgetary constraints, enrollment changes, program modifications, organizational restructuring, operational efficiencies, lack of work, or other legitimate business reasons.
    2. Work Group - The organizational unit identified by the College for purposes of a reduction in force. A work group may consist of a department, program, team, functional area, job classification, or other grouping of employees that performs related work or serves a common operational purpose. The College retains discretion to determine the appropriate work group based on organizational, operational, and business needs.
  4. Policy
    1. Selection of Affected Employees - When a reduction in force becomes necessary, the College will identify the work group and position(s) to be affected using legitimate business considerations designed to support continued operations, institutional effectiveness, and achievement of strategic objectives. In determining which employees within an affected position will be impacted, the College may consider factors including, but not limited to, the following:
      1. Demonstrated job performance and performance evaluation history, and documented contributions to departmental or College objectives;
      2. Knowledge, skills, abilities, certifications, and qualifications relevant to current and future work requirements and institutional operational needs;
      3. Breadth of experience and versatility across multiple functions;
      4. Ability to perform critical or hard-to-replace duties;
      5. Specialized training, licensure, or accreditation requirements; and/or
      6. Documented disciplinary history.
    2. Application of Factors - No single factor will necessarily control the outcome of a reduction in force decision. The College may consider any combination of the factors identified above and is not required to apply the factors in any particular order, assign equal consideration to each factor, or utilize a formulaic or numerical ranking process.
    3. Equal opportunity - Termination or salary reductions of employees due to a reduction in force must not be based on a protected status such as race, color, religion, sex, gender identity or expression, sexual orientation, national origin, age (40 and older), disability, or status as a protected veteran.
    4. Consistent with Utah System of Higher Education R843, when assessing possible reduction-in-force of non-faculty positions, part-time staff members will be terminated before full-time staff members.
    5. Non-Disciplinary Nature of Reduction in Force - Reduction in force decisions are not disciplinary actions and shall not be used as a substitute for corrective action, performance management, or dismissal for cause. See Disciplinary Sanctions of Personnel policy.
    6. Effort to Place Personnel in Other Positions – In the event of reduction-in-force, hiring authorities may give consideration to affected employees for open positions at an equal or lesser grade. The College is not required to hire such individuals. The College is not required to create a position for or retrain personnel who are laid off. There are no “bumping rights” at the College.
    7. Six-month Preferential Consideration – For a period of six (6) months following separation due to a reduction in force, affected employees will receive preferential consideration for vacancies but are not guaranteed an interview or selection. Such former employees must apply to the job posting and meet the minimum qualifications. The College reserves sole discretion in determining candidate qualifications and selection decisions.
    8. Reemployment Following a Reduction in Force - Employees rehired within six months following a reduction in force will receive credit for prior service for purposes of benefits that are based upon length of service, subject to applicable benefit plan provisions and governing policies. This applies to vacation accrual rate, restoration of previously forfeited sick leave balances, and retirement service credit to the extent permitted under applicable retirement system rules.
    9. Terminated Employees with Educational Benefits - Employees who have received educational benefits and are terminated because of a reduction in force will be held harmless from the repayment provision of section 5.5 of the Employee Educational Benefit policy.
    10. Notification – An employee affected by a reduction in force will be notified through written or electronic notice following consultation with the Human Resources department.
    11. Notice and Pay in Lieu of Notice - The College may provide full-time employees with up to four (4) weeks’ notice of a reduction in force. The College may, in its sole discretion, provide pay in lieu of some or all of the notice period. Full-time employees terminated for cause under the Disciplinary Sanctions of Personnel policy are not eligible for notice or pay in lieu of notice.
      1. Part-time employees, including temporary employees, work study students, student set amount employees (see Employee Definitions policy), shall be given as much notice as is reasonable, but no minimum time is required.Payment in lieu of notice is not available to employees whose termination is voluntary.
    12. Effect of Payments - Payment in lieu of notice is not considered part of the regular rate used to compute overtime payments due upon termination and cannot be used to reduce any other payments due to the employee, such as accrued comp time, and accrued but unused vacation time. Payment in lieu of notice will be considered for the purpose of FICA and income tax withholding and does not extend the employment period to the end of the applicable notice period.

Effective Date: 24 September 2026

  • Approvals and Notes
  • Revised Expanded President’s Council Approval: 14 September 2026
  • Board Approval: 5 December 2024
  • Revised President’s Council Approval: 4 November 2024
  • Board Approval: 22 September 2022
  • Revised Expanded President’s Council Approval: 12 September 2022
  • Revised Board Approval: 26 March 2015
  • Revised Board Approval: 28 February 2013
  • Revised Board Approval: 30 January 2003