Policies & Procedures Manual

325

cross examine witnesses. Should an employee choose to have an advisor present, he/she must notify the Hearing Officer at least 24 hours prior to the time of the hearing so that arrangements can be made to have an advisor for the college present at the hearing. 4. Hearings need not be conducted in strict legal or court terms, however, complete fairness will be ensured for all parties involved in the appeal. 5. The decision of the Hearing Officer shall be communicated in writing to the employee within three (3) working days of the completion of the hearing. NOTE: Postmark or other proof of deposit with the U. S. mail to the last known address of the complainant shall constitute notification. The written notice to the employee from the Hearing Officer shall include the following: a. the charge(s) or allegation(s) made concerning the employee; b. evidence and/or finding(s) from the hearing related to the charge(s) or allegation(s) concerning the employee; c. the decision of the Hearing Officer regarding the adverse employment action recommended by the supervisor as a result of the charge(s) or allegation(s); and d. if the Hearing Officer makes an adverse ruling to the employee, notification of the opportunity for appeal of the ruling to the President. 6. In the case of an adverse ruling to the contracted employee by the Hearing Officer, the employee has the right to appeal the ruling to the President. The contracted employee must give written notice of his/her request for an appeal to the President within three (3) working days of the notification of the decision of the Hearing Officer. Failure to give such written notice of appeal shall constitute a waiver by the employee of any right to a further appeal. 7. An appeal to the President will be based solely on the record of the hearing which shall include the document(s) submitted by the supervisor supporting the recommendation for the adverse employment action(s), document(s) submitted by the employee in response to the recommendation for the adverse employment action(s), and the decision of the Hearing Officer based on the document(s) and testimony submitted during the hearing. However, if in the discretion of the President, additional evidence is needed to make a ruling on the appeal, the President shall determine the manner and the process for submission of additional evidence. The President will communicate his/her decision on the appeal, in writing, within three (3) working days of the receipt of the appeal unless additional evidence or information is needed. NOTE: Postmark or other proof of deposit with the U. S. mail to the last known address of the complainant shall constitute notification. 8. The President’s decision shall be final for all contracted employees except faculty members, who shall have the right to appeal the President’s decision to the Board of Trustees. In the case of an adverse ruling to a faculty member by the President, the faculty member has the right to appeal the ruling to the Board of Trustees. The faculty member must give written notice of his/her request for an appeal to the Board of Trustees to the President within three (3) working days of the notification of the decision of the President. Failure to give such written notice of appeal shall constitute a waiver by the employee of any right to a further appeal. 9. For an appeal by a faculty member, the Board of Trustees shall review the record of the hearing, the decision of the hearing officer and the decision of the President in making its decision, which shall be final. The Board of Trustees, in its discretion, may allow a faculty member an opportunity to make a final statement to the Board prior to the Board making its decision.

(Revised 4/09/13)