Procedure: Terminations, Demotions and Separations
This procedure governs adverse actions against tenured faculty. It also governs adverse actions against contract employees, but only when such actions arise during the contract period. Accordingly, this procedure does not apply to the non-renewal of contracts.
Tenured or contract employees who are to be demoted, suspended, terminated or otherwise separated during their contract period shall be notified in writing at least fifteen (15) calendar days in advance of the effective date of such adverse action. Tenured employees who are going to have their contract non-renewed for the ensuing academic year shall be so notified in writing postmarked or delivered no later than May 31. The written notice employees receive shall include:
- The ground(s) upon which the adverse action is based;
- Facts related to the reason for the adverse action in sufficient detail to enable the employee to fairly respond to the charges and to show any error that may exist;
- The effective date of the adverse action;
- A statement advising that the employee has a right to appeal the adverse action in writing to the Commissioner within ten (10) calendar days after receipt of the notice;
- A statement advising the employee that, if there is no timely appeal, then the adverse action will be effective on the date specified without further notice and will result in a waiver of all further appeal rights; and
- A copy of this policy and procedure.
Within ten (10) calendar days after receiving written notice of adverse action, an employee may appeal to the Commissioner in writing. An employee may submit affidavits and other documents to support the appeal. The employee should send a copy of all appeal documents to the President of the Technical College, which shall be given an opportunity to respond.
After reviewing the matter and considering the charges, the employee's appeal and the Technical College's response, the Commissioner shall issue a written final determination. If the employee's position is upheld, the final determination shall include a statement to that effect and the terms of reinstatement.
If the Technical College's position is upheld, then the determination shall include:
- The final action, i.e., termination, suspension, failure to renew or demotion. The final action may be different from, but not more severe than, the proposed action;
- The specific grounds upon which the final action is based;
- The effective date of the final action, which may not be any earlier than the effective date of the proposed action; and
- A conspicuous statement in substantially the following form: You have the right to certain additional procedures before you can be demoted, dismissed, or suspended from employment. This includes the right to notice of the reasons for the action against you, which has been provided, and the right to a hearing. If you desire a hearing, you must send a written appeal to the Chair of the State Board by certified mail. This request for a hearing must be mailed within thirty (30) days after this notice was mailed to you.
If the Commissioner determines not to uphold either the decision of the Technical College or the appeal of the employee, the Commissioner shall revoke the proposed action of the Technical College by written notice to the employee and to the Technical College. A new notice of proposed action may then be initiated by the Technical College.
Appeals to the State Board will be processed in accordance with the appeals provision of the Complaint Resolution Process.
References
III. I. Terminations, Demotions and Separations
Approved