Section VI - Employment Matters

VI B 6

Employee Conduct - Due Process Requirements for Dismissal

To state the due process procedures for dismissal of an employee within a contract period, for those employees that are not on probation or at will

Pre-dismissal Meeting - The meeting will be scheduled by the appropriate Vice President who has reason to believe that an employee is subject to one or more of the permissible reasons for dismissal. The meeting will include as a minimum: (1) written notice of the charges against the employee; (2) an explanation of the evidence; and (3) an opportunity for the employee to present his/her side of the story. To ensure fairness to all employees, the Chief Personnel Officer or his/her designee will be present at the meeting. Following the meeting, the President and Vice President will consider whether the employee's responses warrant a different action than dismissal. After the meeting, the appropriate Vice President will inform the employee of the decision. If the employee would like to meet with the President, they must request the meeting within two business days of the dismissal.

Post Dismissal Due Process - If an employee is dismissed prior to the expiration of his/her contract, he/she may within ten business days request a hearing before the Personnel Committee of the Board of Trustees only if he/she can provide prima facie evidence showing that the action taken violated the rights of the employee as protected by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, or violation of a college policy, but not merely because the grievant disagrees with the decision of the President. Thereupon, the procedures outlined under Non-Tendering of a New Contract, policy VI A 8, shall be followed.

Adopted: 04/15/1999

Revised: 10/19/2000, 07/17/2008, 03/22/2012