Part 1: AUTHORITY AND PURPOSE

Authority: University administration is granted authority in accordance with Regents Policy 6.00 to adopt and maintain specific rules and procedures related to human resource topics, including hiring and separation of employees.  The Associate Vice President of Human Resource Services is responsible for the implementation of these policies.

Purpose: This rule provides guidance relating to the planning and processing required to effectuate layoffs and recalls as a result of the need for a reduction in force.   This policy excludes faculty bargaining unit members, who will continue to be covered under ARP 7.65 during the collective bargaining process. This policy does not apply to those employees covered under any approved and current collective bargaining agreement that addresses reductions in force.

Part 2: KEY POLICY STATEMENT(S)

1. 1. To effectuate a reduction in force, the following documentation must be submitted and reviewed by the Human Resources Office of People Relations and approved by the Associate Vice President of Human Resource Services and the President:
      
      1. Statement of rationale from the appropriate executive-level administrator,
      2. Careful analysis to determine which entities (departments, units, programs, services, for example) should be reduced,
      3. Identification of positions to be eliminated,
      4. Identification of the jobs and functions that will need to be performed after reductions, how they will be performed, including a new organizational chart,
      5. Determination of a reduction-in-force implementation plan to include at least a timeline, a communication plan, and a notification process.
   2. Only after approval of the reduction-in-force by the Associate VP of Human Resource Services and the President will affected employees be notified.
   3. A position that is eliminated due to a reduction in force cannot be filled for twelve (12) consecutive months.
   4. Employees who lost their positions due to a reduction in force will maintain the benefit of tuition admission as prescribed in ARP 8.61 during the current semester if they are enrolled and taking advantage of the benefit.
   5. The university will give thirty (30) calendar days' notice of layoff for the affected employees.
   6. Vacant, temporary, term, and part-time positions within the affected work unit will be eliminated or reduced prior to any regular full-time positions being reduced/eliminated. 

Part 3: KEY PROCESS ELEMENTS

1. 1. Employees (excluding temporary, term, and probationary) who are facing a loss of position due to a reduction in force, as defined above, have thirty (30) calendar days to work with NMSU Human Resources for transfer opportunities.
   2. Employees may apply for any current vacant and posted position for which they are qualified, and as vacancies occur within the thirty (30) calendar days as prescribed.
   3. Within the thirty (30) calendar day time frame, an employee who submits an application for a vacant/posted position, and who meets the minimum requirements of the position, will receive a first-level interview.
   4. The university may recall laid-off employees on a seniority basis whenever possible, with those having the most seniority recalled first. Recall rights are limited to the first 90 calendar days after layoff.  To be recalled to a newly vacated position, the employee must meet the minimum requirements for that position.
   5. The transfer or recall of an employee to a position distinct from the one previously held may result in a different pay grade, job title, and rate of pay, in accordance with the university’s compensation policies and practices.

Part 4: DEFINITIONS

1. 1. Reduction in force: An involuntary termination/ending of position as determined by the University as a result of elimination or reduction in funding, changing business needs, reorganization, or evolution of work needs due to internal or external environmental factors.
   2. Layoff: The action of ending an employee’s employment as a result of a reduction in force.
   3. Seniority: For the purposes of this policy, seniority refers to the original hire date in a regular, benefits-eligible position with NMSU.

1. Supplemental and Related Information

   Contact the Human Resources Office of People Relations for additional information not covered in this policy and for corresponding procedures.

   Email: opr@nmsu.edu        

   Telephone: (575) 646-2449

   Administrative Procedures:
   1. Employment Separation Information  
2. Applicable Federal Laws/Regulations:
3. Applicable State Laws/Regulations:
4. Related Regents (RPM) and Operation (ARP) Policies:
5. 1. ARP 7.60 - Transfers
   2. ARP 7.70 – Separation from NMSU Service
   3. Regent’s Policy 6.00 Human Resources

Revision History:

6/22/2026 Approved by President