Policies & Procedures Manual

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Policy No: 711 Policy Contact: Vice President for Business Operations Policy Title: CONTRACTED EMPLOYEE DUE PROCESS PROCEDURES FOR ADVERSE EMPLOYMENT ACTIONS When adverse employment actions are taken by the College, the administration of the East Central Community College District recognizes the right of each contracted employee to appropriate due process procedures. Adverse employment action is defined by the college as dismissal/termination, suspension without pay, or any other action that adversely affects an employee’s compensation or employment status. An employee who has a written contract of employment with the College has the right to a hearing to challenge an adverse employment action as defined above. The hearing shall be conducted by a Hearing Officer appointed by the President. In the case of an adverse ruling by the Hearing Officer, the contracted employee has the right to appeal the decision of the Hearing Officer to the President. Faculty members have the right to appeal an adverse ruling by the President to the College Board of Trustees. Adverse employment actions that become the subject of an appeal will not be stayed pending the processing of the appeal. In these cases, the following policies, processes, and rights shall be in effect for all due process procedures afforded a contracted employee: 1. The contracted employee should be presented a written notice by his/her supervisor of the adverse employment action(s) being recommended by his/her supervisor. During the presentation of this written notice, the supervisor may choose to have a witness sit in to protect the rights of both the supervisor and the employee. The written notice should include the following: a. the charge(s) or allegation(s) being made concerning the employee; b. the adverse employment action being recommended by the supervisor as a result of the charge(s) or allegation(s); c. notification of the opportunity for a hearing before a Hearing Officer appointed by the President which allows the contracted employee to respond and present a defense to the charge(s) or allegation(s) being brought by the supervisor. 2. The contracted employee must give written notice of his/her request for a hearing to the President within three (3) working days of the notification of the recommended adverse employment action. Failure to give such written notice of appeal shall constitute a waiver by the employee of any right to a hearing. 3. The President will, at his/her discretion, appoint a Hearing Officer to hear the appeal of the contracted employee. The Hearing Officer shall notify the employee in writing at least three (3) working days in advance of a hearing. This correspondence from the Hearing Officer should include the following: a. the time, date, and place at which the hearing shall be conducted; b. the right of the employee to present information/evidence on his/her behalf at the hearing; c. the right of the employee to have witness(es) on his/her behalf at the hearing provided a list of such witnesses has been provided to the Hearing Officer at least 24 hours prior to the time of the hearing; and d. the right of the employee to have an advisor at the hearing. The advisor is present for the employee for advice only and may not address the Hearing Officer conducting the hearing or