III. I. Terminations, Demotions, and Separations from Employment
"At Will" Employees
All employees are "at will" employees except classified, tenured or contract employees. At will employees are members of the unclassified service. At will employees may be suspended, demoted or separated at any time for any reason, except those in violation of law. In accordance with sound human resource management, managers are encouraged to use progressive discipline, if appropriate, before demoting or separating an at will employee. The demotion or separation of an at will employee is not appealable.
Classified Employees
Classified employees may be demoted, suspended or terminated in accordance with the rules and regulations of the State Personnel Board. Classified employees may also be separated pursuant to a reduction in force.
Adverse actions against classified employees may only be appealed in accordance with the rules of the State Personnel Board. Unless a different time period is specifically provided, appeals must be filed within ten (10) calendar days after: (1) the employee receives written notice of the action; or (2) the effective date of the action; whichever is later.
Contract EmployeesContract Employees may be suspended, demoted or terminated during the term of their contract for cause, for violations of the Employee Discipline policy, to reduce staff due to loss of students or cancellation of programs, or pursuant to a reduction in force approved by the State Board. Such adverse actions shall be handled in accordance with departmental procedures. Contract employees may appeal their demotion or termination in accordance with departmental procedures.
The decision to renew or non-renew the contract of a non-tenured employee lies within the sole discretion of the Commissioner or Technical College President. When the contract term expires, a non-tenured employee becomes an at will employee. Contract employees who are not going to have their contracts renewed for the ensuing academic year shall be so notified in writing postmarked or delivered no later than May 31. The decision to non-renew a contract is not appealable.Tenured Employees
Tenured employees may be demoted, suspended or terminated for cause or pursuant to a reduction in force. Grounds for taking adverse action against a tenured employee are: (1) incompetence; (2) insubordination; (3) willful neglect of duties; (4) immorality; (5) inciting, encouraging or counseling students to violate any valid law, ordinance, policy or rule; (6) to reduce staff due to loss of students or cancellations of programs; (7) failure to secure and maintain necessary educational training; (8) inability or unfitness or perform assigned duties; (9) misconduct or conduct reflecting discredit to the Technical College or Department; (10) unlawful political activity; and (11) any other good and sufficient cause.
Adverse actions against tenured employees shall be handled in accordance with departmental procedures. Tenured employees may appeal their demotion, suspension or termination in accordance with departmental procedures.Resignations
Employees who intend to resign should provide their supervisor(s) with as much written notice as possible. The minimum written notice shall normally be two calendar weeks, unless a supervisor agrees to accept less notice.
Contract employees are expected to work the full contract period. The decision to accept the resignation of a contract employee during the contract period resides within the sound discretion of the Commissioner or Technical College President.
Probationary or Working-Test Status
Any employee beginning a new job may be hired or placed on probationary status. The employer shall determine the terms of this probationary period. Classified employees may be placed on working-test status in accordance with rules of the State Personnel Board.
Reference
Procedure: Terminations, Demotions and Separations
Adopted: September 5, 1985
Revised: October 3, 1996; May 14, 2001; Clarified June 19, 2003.
Code: 03-02-04
Approved