13. Discharge of Employees
F.13.01 - Policy
Any System employee may be discharged for any of, but not limited to, the following reasons:
a. Repeated failure to meet established performance standards as put forth in policy F.11
b. Failure to comply with official directives or established Board policies;
c. Violation of the System's criminal background check policy; or
d. Repeated and continued neglect of job responsibilities.
A non-contractual employee has no due process right of notice and opportunity for a hearing prior to discharge.
The discharge of a contractual employee involves a decision to end the contractual relationship prior to the end of the contract, for cause.
Before any discharge is finalized, the Location Executive Officer, Associate Vice Chancellor for Human Resources, and the Chancellor must have been apprised of, and consented to, the proposed discharge and terms of discharge.
F.13.02 - Discharge for Performance Deficiencies
Discharge of an employee shall be on the recommendation of the appropriate supervisor. An employee who is to be discharged for performance reasons will have been advised by his or her supervisor of problems during the evaluation process, or through other written means, and given an opportunity to correct the problems.
F.13.03 - Discharge for Misconduct
An employee may be discharged for misconduct, including by way of example, mistreatment of a subordinate, co-workers, students, or members of the public, misuse of computing or other System resources, or violation of the System's civil rights policies. Generally, prior to discharge, a non-contractual employee will be given an opportunity to provide his or her response.
A contractual employee will usually be given a pre-discharge hearing and a written explanation of the reasons for the action, and any facts pertinent to the decision. A contractual employee will generally be given an opportunity to be heard prior to discharge.
F.13.04 - Immediate Discharge
Any employee may be discharged immediately and without prior warnings, Disciplinary Action or a pre-discharge hearing for serious offenses including, but not limited to:
a. Serious acts of dishonesty, including misappropriation of System funds, destruction of records to cover up wrongdoing, or misuse of authority;
b. A violation of the System's drug and alcohol policy;
c. Violation of the System's criminal background check policy; or
d. Conduct that jeopardizes the health or safety of System employees, students, or others on System property.
A contractual employee, who is the subject of immediate discharge, will be provided with immediate notice of the reasons for the discharge, set out in sufficient detail to fairly enable him or her to show error that may exist at a post-discharge hearing.
F.13.05 - Suspension with Pay
An employee may be suspended from employment with pay, pending further investigation of a matter, including possible official action by outside legal agencies. Suspension with pay requires approval of the Chancellor or his/her designee. There is no time limit for suspension with pay. Suspension with pay should be followed immediately with a thorough investigation of the case to determine the appropriate level of discipline, if any.
During the period of suspension with pay, an employee is considered on active assignment, may be required to make himself or herself available for business during normal work hours, and is required to observe System policies, procedures, and standards of conduct.
F.13.06 - Appeal for Contractual Employee
A contractual employee who is discharged for cause may appeal to the Chancellor within ten (10) calendar days of his or her receipt of the written notice of termination. The appeal will generally consist of a paper review of the documents underlying the termination, followed by a letter from the Chancellor. The Chancellor may designate a Vice Chancellor to conduct the appeal.
Unless the Chancellor overturns the discharge, the contractual employee may request a formal hearing before the Board of Trustees, by notifying the Board Chair of the employee's desire for a hearing, not more than ten (10) working days following receipt of the Chancellor's decision. The Board shall take no action on the contract for the employee in question until all appeals have been completed, or the required time for notice has expired.
The Board shall then set a date for a formal hearing within thirty (30) working days. At the hearing before the Board, the contractual employee shall be allowed to present evidence, to cross-examine witnesses. and to summarize his or her argument that the discharge is improper.
Following the hearing and a decision on the appeal, the Board shall notify the appealing employee of its decision, in writing. The Board's decision shall be final.