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Southwestern
Community College - Policies and Procedures Manual |
| Procedure
Title: |
Right
of Appeal |
4.22.1 |
| Responsible
Division: |
Administrative
Services |
|
| Date
Approved: |
April
2005 |
|
| |
| 1. |
In
case of disciplinary action, suspension or
dismissal, the employee has a right to appeal
the decision and must do so within ten days
of the action taken. Appeals shall be submitted
in writing to the Vice President for Administrative
Services. The following procedure shall be
followed: |
| |
a. |
The
Vice President for Administrative Services
shall notify the President and the President's
Council within five days after notice of appeal
is received from the employee. |
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b. |
An
ad hoc disciplinary appeals committee shall
be selected from the membership of President's
Council for each appeal as follows: (1)
one member selected by the College President,
(2) one member selected by the employee
who submitted the appeal, (3) one member
to be selected to serve as chairperson by
the other two members of the ad hoc committee.
The Vice President for Administrative Services
shall not serve in any capacity on an ad
hoc disciplinary appeals committee except
as an advisor for personnel policy, nor
shall he/she participate in the deliberations
of the committee.
At the conclusion of its hearings, which
must be held within 15 working days, the
committee shall have five working days to
inform the President, or his designee, of
its recommendations. The President, or his
designee, can accept, reject, or modify
the recommendation and will make a decision
to all parties concerned. If the employee
is not satisfied with the decision, he/she
may appeal to the Board of Trustee within
five working days after receipt of the decision
of the President. |
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|
1.
|
Appeal
to the Board of Trustees
The Board of Trustees, or any other person
or persons designated by the Board, shall
investigate the disciplinary action, suspension,
dismissal, or alleged discrimination which
is appealed to the Board. The Board of Trustees
may hear the case or direct a committee
or other persons designated by the Board
to conduct a hearing of the facts and issues.
The committee or the designated agent shall
report its findings to the Board with recommendations.
The Board at its next meeting, or as soon
as possible thereafter, shall consider the
report and modify, alter, set aside or affirm
said report and certify its findings to
the President, which shall be binding. |
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2.
|
Rules |
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|
|
a. |
If
at any stage of the appeal procedure, the
appellant does not take the next step within
the time allotted, the appeal shall be settled
in the manner recommended or decided by the
Administration at the last step. |
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|
|
b. |
All
reference to number of days in this procedure
shall be determined to mean college working
days. In the event an appeal is not filed
or processed in the manner and within the
times set forth above, it shall be forever
barred. |
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|
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c. |
The
appellant may withdraw an appeal at any level. |
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|
|
d. |
Hearings
shall be limited to matters relevant to the
disciplinary action, suspension and dismissal. |
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|
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e. |
| In
hearings before the Ad Hoc Appeals Committee
of the President's Council: |
| 1. |
Each
party shall be limited to one hour for
presentation. |
| 2. |
Legal
counsel shall not be permitted. |
| 3. |
No
formal transcript will be made, each
party shall be allowed to make a record
at his/her expense. |
| 4. |
The
order of presentation shall be: administration,
employee, administration rebuttal. |
| 5. |
The
Chairperson shall make written findings
and conclusion. |
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f. |
Employees
of the college, individually or as a group,
are prohibited from communicating in any form
with members of the Board of Trustees concerning
any matter which is before the Board as an
action under this procedure unless so directed
through official channels. |
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