Most separations from employment at the College are voluntary resignations. Any involuntary separation must be determined in consultation with the Office of Human Resources and must be handled in a manner that is equitable and in compliance with existing laws, as well as Ithaca College policies.
5.6.1 VOLUNTARY SEPARATION
5.6.1.1 Minimum Notification Requirement
Employees are required to give appropriate notice and submit a letter of resignation as far in advance as possible. Under usual circumstances, a resignation should be submitted not less than two weeks in advance of departure. The supervisor may waive or shorten the notice requirement.
Social Security retirement benefits are payable as early as age 62, depending on the employee’s retirement plans and anticipated earnings. It is recommended that an application be filed at the local Social Security office three months prior to the retirement month.
For retirement planning purposes, normal retirement is defined as the first day of the month following the month of an employee’s 65th birthday (e.g., if birthday is October 10th, then retirement will begin on November 1st). An employee may elect to retire prior to age 65 or may continue to work beyond normal retirement age. Since most employees decide on a retirement date months in advance of the actual date, supervisors should encourage as much notification as possible. Advance notification enables a smoother transition for the employee and for the department to recruit and train a replacement.
5.6.2 INVOLUNTARY SEPARATION
During the Probationary Period
An employee who is not able to successfully complete the probationary period will be terminated. The supervisor must evaluate an unsuccessful probationary employee on or before the last day of the probationary period (or extend probationary period). If a supervisor is not satisfied with the performance of a probationary employee, the supervisor should consult with the Office of Human Resources. The dismissal of a probationary employee must be discussed with the Office of Human Resources before informing the employee and must be confirmed in writing to the employee.
After the Probationary Period
Supervisors have a responsibility to terminate employees whose performance is inadequate after the employee has been given timely notice of the problem and been given adequate opportunity to bring the employee’s work to a satisfactory level of performance. It is recognized that some causes for involuntary separation may be so serious that dismissal must be immediate, even if no prior notice and opportunity to improve has been given to the employee.
All dismissals must be discussed at the department director level, with the Chief Human Resources Officer, and the employee’s executive officer, before notifying the employee. Written notification, approved by the Office of Human Resources, must be given to the employee.
5.6.2.2.1 Applicability
This policy shall apply to all at-will employees of the College.
5.6.2.2.2 Definitions
A Layoff is defined as the termination of one or more employees due to a business necessity, as determined by the Board of Trustees or its designees in its or their discretion.
A Participant, for benefit purposes, means an employee who is enrolled in a College sponsored employee benefit plan such as health insurance or tuition remission.
Termination Date is defined as an employee’s last day of active employment with the College prior to being laid off.
5.6.2.2.3 Layoff Procedure
If the College determines that it must reduce its workforce, layoffs will be conducted in a manner that is consistent with the procedures below.
After a decision has been made to conduct layoffs, the Executive in charge of the Division where the layoffs will take place, and any administrators responsible for planning and execution of the layoffs, must contact Human Resources for assistance with planning the restructuring of their organizations and planning and implementing the layoffs.
The following criteria will be used to determine employees for layoff:
All decisions will be made without regard to age, color, disability, ethnicity, gender identity or expression, genetic information, marital status, military/veteran status, national origin, race, religion/creed, sex, sexual orientation, or any other status protected by law. Decisions shall be made on the basis of the following criteria (in no particular order):
i. College needs and special projects
ii. The requirements of work involved
iii. Transferability of skills to other positions within the College
iv. Demonstrated and documented current and past performance
v. Length of Service
vi. Any other factors that may be pertinent, in the discretion of the College.
2. In no instance should a layoff process be utilized simply as a means of resolving unsatisfactory performance.
3. The decision to lay off an employee must be discussed with the appropriate dean or Executive. The Chief Human Resources Officer (or designee) should be informed at the earliest possible stage, so alternatives can be explored, and the impact minimized for any employee affected by the layoff.
An employee who is selected for layoff shall be given a minimum of two weeks’ written notice, except in extraordinary circumstances, as determine by the College in its discretion. In giving notice of layoff, the College shall abide by all applicable laws, including but not limited to the New York State WARN Act (Article 25-a of the Labor Law) and the federal WARN Act (29 U.S.C. 2101 et seq.) and accompanying regulations.
On the termination date, the employee is required to turn in all College property, including identification cards, keys, uniforms, tools, parking permits, library books, electronic equipment, passwords to Ithaca College accounts, and electronically stored data to their Supervisor or the Chief Human Resources Officer (or designee). It is the responsibility of the department in which the employee was employed to take reasonable steps to inventory and remove the employee’s access privileges to College, departmental, School, and other information systems containing personal or proprietary data in a timely manner.
5.6.2.2.4 Referral of Employees Affected by Layoffs to Existing Vacancies:
- Where appropriate and practicable, referrals will be made to classifications for which laid off employees are qualified. Job candidates will compete for internal positions in accordance with the selection criteria applicable to the job.
- It is the responsibility of the laid off employee to be proactive in efforts to achieve suitable alternative placement at the College or elsewhere. Laid off employees will be expected to keep abreast of available jobs, be available to accept appointments for interviews and complete all steps of the application process. An application for an alternative placement does not guarantee that the laid off employee will be offered any alternative placement.
5.6.2.2.5 Releases
To the extent any employee is asked to sign a release in connection with a layoff, the College will comply with the requirements of the Age Discrimination in Employment Act, 29 USC Chapter 14 and accompanying regulations, including but not limited to the informational requirements of 29 CFR 1625.22(f), as applicable.
5.6.2.2.6 Eligibility for benefits
COBRA
i. A Participant and a Participant’s eligible dependents who are enrolled in the College’s group health plan on the Participant’s Termination Date may choose to continue participation in those plans following the Participant’s Termination Date, if they satisfy all the applicable COBRA continuation coverage provisions of those plans.
ii. If a Participant chooses to continue participation in the College’s group health plan under COBRA, the College may, in its discretion, offer a severance benefits plan to laid off employees that may include the College agreeing to pay a portion of the cost of coverage under COBRA for a limited time period as specified in the terms of the severance benefits plan.
Educational Benefits
i. If a Participant and/or the Participant’s dependents are receiving benefits under the College’s Tuition Remission Program and/or the College’s Cash Award Scholarship Plan as of the Participant’s Termination Date, then the right to receive similar tuition benefits shall continue under the Supplemental Tuition Program described in this Section as if the Participant’s employment continued through May 31, of the academic semester following the Employee’s Termination Date, including those eligible dependents for whom the Participant is receiving tuition benefits as of the Participant’s Termination Date and those who have been accepted for admission for the academic year following the Employee’s Termination Date. However, the maximum benefit through the end of the academic semester following the Employee’s Termination Date, shall be the same as that provided for eligible dependents of eligible active employees under the College's Tuition Remission Program and/or the College's Cash Award Scholarship Plan.
ii. If a Participant is enrolled as a student at the time of layoff, the Participant may enroll under the Tuition Remission Program for a final total of up to 8 credits through the end of the academic year during which the termination date occurred.
iii. Use of any of the Tuition Remission Program benefits described in this Section shall be subject to all applicable withholding and payment requirements under the Internal Revenue Code.
3. Other Benefits
i. Eligible employees who successfully completed six months of continuous service with the College as of their termination date shall receive payment for accrued vacation leave balance up to the maximum allowed under the College’s policies.
ii. Employees who are laid off by the College shall not be entitled to any other benefits or payments from the College except as stated in this section or in a written severance benefits plan adopted by the Board of Trustees (a “Severance Benefits Plan”).
iii. In particular, a Participant shall not be entitled to coverage under the College’s long-term disability plan, business travel accident program, or any other plan or program maintained by the College except as expressly provided herein.
iv. The College will provide each Participant with such employment references as the College’s Chief Human Resources Officer shall consider appropriate.
v. In no event shall a Participant be entitled to receive benefits under this Section that will duplicate benefits provided under another plan, program, policy, practice, agreement or other arrangement. However, a Participant who was eligible to retire from service with the College, and who was otherwise eligible for College-provided benefits as a retiree shall continue to be eligible for those benefits provided to eligible retirees of the College (subject to the terms of the applicable benefit plans, programs, and policies).
Notwithstanding policy provision to the contrary, if the College ever determines that providing any benefit under this Section would violate any applicable law or regulation, the College shall have the right to not provide such benefit.
5.6.3 OTHER SEPARATIONS
If an employee is unable to work due to illness or injury, the employee may be entitled to New York State disability for up to 26 weeks or Workers’ Compensation for a period to be determined by the Workers’ Compensation Board. After six months, a covered employee may be entitled to long-term disability benefits.
When an employee is disabled, the employee’s job is normally kept open for six months. If after six months the employee is unable to return, the employee may request a three-month unpaid leave of absence and retain rights to the job. The period of time from the first day of absence until the end of the leave may not exceed nine months, and the leave is granted only if it is likely that the employee will be able to return at the end of the leave. After six months of absence, in a 12-month period (nine months if granted the three month leave of absence) the individual is separated from employment, unless it is determined that an additional leave of absence would be considered a reasonable accommodation under federal or state disability discrimination laws.
The death of a faculty or staff member is a significant loss to the College community. Anytime there is a death of a current employee the information should be reported to the Office of Human Resources and the respective Executive with a copy to members of President’s Cabinet. If the College is informed about the death of a former employee, that information should be shared with the Office of Human Resources and the respective member(s) of President’s Cabinet.
In such an event, the College will respond appropriately to fulfill regulatory responsibility while remaining cognizant of the needs of all parties involved. The College will manage all communications in a professionally sensitive manner in accordance with the established College guidelines. The full protocol can be found in the College’s Emergency Response Plan.
Last Updated: May 2025