Current through Register Vol. XLII, No. 1, January 3, 2025
Section 135-5-3 - Presidential Contracts3.1. Governing boards under the jurisdiction of the Council shall receive the approval of the Council of the total compensation package from all sources for a president when the president is initially hired and for any subsequent changes in the total compensation package.3.2. A President is considered a will and pleasure employee of his/her governing board unless that status is specifically altered by the president's letter of appointment or contract. Presidential contracts exceeding a term of one year shall conform to the following: 3.2.1. An initial offer of employment as President, or guarantee of employment in that or another position, may not exceed two years. After the initial contract, the governing board may offer contracts of up to five years. A president assigned to an alternative position during a guaranteed term of employment shall perform substantive duties on behalf of the institution in order to collect his or her salary.3.2.2. All contracts with a term greater than one fiscal year shall be conditioned upon availability of funding.3.2.3. A governing board may agree to reasonable notice of the intent not to renew a contract. It is recommended that such notice not exceed one year, but may be increased up to two years after five years of service by the president.3.2.4. All contracts with a commitment of continued employment must provide that the president may be discharged for "cause" and that such a discharge nullifies any commitment to continued employment. "Cause" includes, but is not limited to, official misconduct, incompetence, neglect of duty, gross immorality, malfeasance, misfeasance, insubordination, and acts of commission or omission in violation of the governing board's directives or policies.3.3. Provisions in contracts existing on the effective date of this rule that are inconsistent with this rule may remain in effect at the discretion of the governing board unless the provisions are in violation of statute.