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| 1. |
In case of disciplinary action,
suspension or dismissal, a full-time employee
(appellant), except a direct report to the
president has a right to appeal the decision
and must do so within ten (10) days of the
action taken. Appeals shall be submitted in
writing to the Vice President for Administrative
Services. The following procedure shall be
followed: |
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a. |
The Vice President for Administrative
Services shall notify the President and the
President’s Council with five (5) days
after notice of appeal is received from the
appellant. |
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b. |
An ad hoc disciplinary appeals
committee shall be selected from the membership
of the President's Council for each appeal
as follows:
| (1) |
one member selected by the College
President, |
| (2) |
one member selected by the appellant, |
| (3) |
one member to be selected to serve
as chairperson by the other two members
of the ad hoc committee. |
Any member selected has the right of recusal
from serving on this 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 ten (10) working days,
the committee shall have five (5) working
days to inform the President, or his/her
designee, of its recommendations. The President,
or his/her designee, can accept, reject,
or modify the recommendation and will make
a binding decision to all parties concerned. |
| 2. |
An employee (appellant) who
reports directly to the President may appeal
disciplinary action, suspension, or dismissal
to the Board of Trustees. The Personnel Committee
of the Board of Trustees, shall investigate
the disciplinary action, suspension, dismissal,
or alleged discrimination which is appealed
to the Board of Trustees. The Personnel Committee
of the Board of Trustees may conduct a hearing
of the facts and issues. The committee shall
report its findings to the Board of Trustees
with recommendations. The Board of Trustees
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. |
| 3. |
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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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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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, appellant, administration
rebuttal. |
| (5) |
The Chairperson shall make written
findings and conclusion. |
|
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f. |
Employees of the college, or
the appellant, 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 of Trustees
as an action under this procedure unless so
directed through official channels. |
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