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The primary purpose for establishing and enforcing rules is to ensure efficient operation and safe working conditions for all College employees, students, and visitors. While on College premises and/or engaged in College business, every employee is expected to observe all College rules. Any or all employees who fail to do so are subject to disciplinary action up to and including discharge.
A first offense for certain misconduct which is of a serious nature will result in immediate discharge without prior warning. For other types of misconduct which are less serious, the Board may, at its discretion, choose to utilize progressive disciplinary action to give errant employeees a chance to correct their behavior. The Board may skip steps or repeat steps, depending on the circumstances, but the basic progressive disciplinary process includes:
Whenever practicable, prior to any suspension without pay or termination of employment, the employee shall be notified of the reason for such disciplinary action by the President or his designee and shall be afforded the opportunity to answer, rebut or state his or her position with respect to the basis for the contemplated disciplinary action.
If an employee is suspended without pay, and/or if an employee is notified by the President or the President's designee of a decision to recommend the termination of his or her employment to the Board of Trustees, then the employee may request a hearing before the Board by submitting a written request to the President of the College within seven (7) calendar days after the employee receives notice of the suspension without pay and/or the recommended termination.
The Board at its sole discretion may designate a hearing officer, who may or may not be a member of the Board, to conduct such a hearing. During the hearing, the hearing officer shall review the reasons for the discipline as presented by the President or his designee and any information which the employee wishes to present in writing or in person. The employee shall have the right to be represented by counsel at the hearing. At the sole discretion of the Board or the Board-designated hearing officer, the President or his designee or the employee may present additional witnesses. If the Board designates a hearing officer to conduct such a hearing, then following the hearing, the hearing officer shall submit his or her findings and recommendations to the full Board and the ultimate decision shall be made by a majority of the members of the Board. The Board may either accept, approve, reduce, increase or otherwise modify the nature of the discipline imposed or requested. (e.g., the Board could approve the President's recommendation for a termination of employment, or reinstate an employee with or without back pay.) If the Board determines that a suspension without pay was appropriate, or that the period of any suspension without pay should be reduced, the employee shall receive back pay for the period of the suspension, or portion thereof, that is not sustained by the Board.
The Board reserves the final right to interpret and apply all College policies, procedures, rules and regulations. The decision of the Board with respect to a disciplinary matter shall be final.Adopted: 7-28-92