Current through Register Vol. 63, No. 9, September 1, 2024
(1) The following must be present before
determining whether an individual has a contract or reasonable assurance:
(a) There must be an offer of employment,
which can be written, oral, or implied. The offer must be made by an individual
with authority to offer employment.
(b) The offer of employment during the
ensuing academic year or term must be in the same or similar capacity as the
service performed during the prior academic year or term. The term 'same or
similar capacity' refers to the type of services provided: i.e., a
'professional' capacity as provided by ORS
657.167 or a 'nonprofessional'
capacity as provided by ORS
657.221.
(c) The economic conditions of the offer may
not be considerably less in the following academic year, term or remainder of a
term than the employment in the first year or term. The term 'considerably
less' means the employee will not earn at least 90% of the amount, excluding
employer paid benefits, than the employee earned in the first academic year or
term, or in a corresponding term if the employee does not regularly work
successive terms (i.e. the employee works spring term each year).
(2) An individual has a contract
to perform services during the ensuing academic year, term, or remainder of a
term when there is an enforceable, non-contingent agreement that provides for
compensation for an entire academic year or on an annual basis.
(3) An individual has reasonable assurance to
perform services during the ensuing academic year, term, or remainder of a term
when:
(a) The agreement contains no
contingencies within the employer's control. Contingencies within the
employer's control include, but are not limited to, the following:
(A) Course Programming;
(B) Decisions on how to allocate available
funding;
(C) Final course
offerings;
(D) Program
changes;
(E) Facility availability;
and
(F) Offers that allow an
employer to retract at their discretion.
(b) The totality of circumstances shows it is
highly probable there is a job available for the individual in the following
academic year or term. Factors to determine the totality of the circumstances
include, but are not limited to:
(A) Funding,
including appropriations;
(B)
Enrollment;
(C) The nature of the
course (required or options, taught regularly or sporadically);
(D) The employee's seniority;
(E) Budgeting and assignment practices of the
school;
(F) The number of offers
made in relation to the number of potential teaching assignments; and
(G) The period of student
registration.
(c) It is
highly probable any contingencies not within the employer's control in the
offer of employment will be met.
(4) An individual who voluntarily leaves work
for good cause, as defined under OAR
471-030-0038, does not have
reasonable assurance with the employer from whom the person left work.
Statutory/Other Authority: ORS
657.610
Statutes/Other Implemented: ORS
657.167 &
657.221
