Policies & Procedures Manual

413

discuss a suspension with or without pay. This discussion should be documented on a Report on Employee/Employer Interview form with the letter of suspension attached. The supervisor or representative from Human Resources should indicate his/her presence by signing appropriate documentation. Prior to the employee’s return to work from a suspension with or without pay, the supervisor and employee should have a formal discussion to obtain a commitment that the employee will correct the violation(s). Another College supervisor or representative from Human Resources should be present when the supervisor and employee discuss return to work. An employee may respond to a suspension with pay in accordance with Policy No. 713, EMPLOYEE GRIEVANCE AND COMPLAINT PROCEDURES. An employee may respond to a suspension without pay in accordance with Policy No. 711, CONTRACTED EMPLOYEES DUE PROCESS FOR ADVERSE EMPLOYMENT ACTIONS or Policy No. 712, NON-CONTRACTED EMPLOYEES GRIEVANCE PROCEDURES FOR ADVERSE EMPLOYMENT ACTIONS, contingent on the employee’s personnel classification. A recommendation for dismissal/termination may be necessary when the progressive discipline process outlined above is not successful in improving an employee’s performance or when an employee’s misconduct is serious or egregious. Dismissal/termination will be effective upon notification of the employee by his/her immediate supervisor. Discussion between the supervisor and the employee should be documented on a Report on Employee/Employer Interview formwith the letter of dismissal/termination attached. The appropriate College Vice President must concur with the recommendation by a supervisor for dismissal/termination. Another College supervisor or representative from Human Resources should be present when the supervisor and employee discuss dismissal/termination. The supervisor or representative from Human Resources should indicate his/her presence by signing appropriate documentation. An employee who has a written contract of employment with the College and who is recommended for dismissal/termination of employment from the college prior to the expiration of that contract has the right to appeal such recommendation for dismissal/termination using the due process procedures presented in Policy 711, CONTRACTED EMPLOYEES DUE PROCESS FOR ADVERSE EMPLOYMENT ACTIONS. The final decision to terminate the employment of a contracted employee or not shall be made by the President or the Board of Trustees, as described in Policy 711. All non-contracted employees are “at will” employees and may be terminated by the College at any time provided the basis for termination is not prohibited by federal or state law. A non contracted employee who is recommended for termination of employment from the college has the right to request a review of such recommendation for dismissal/termination by the President using the process presented in Policy 712, NON-CONTRACTED EMPLOYEES GRIEVANCE PROCEDURES FOR ADVERSE EMPLOYMENT ACTIONS. The final decision to terminate the employment of a non-contracted employee or not shall be made by the College President. A recommendation for dismissal/termination that becomes the subject of an appeal will not be stayed pending the processing of the appeal. While the appeal procedures are being followed concerning a recommendation for dismissal/termination, suspension with or without pay may be deemed desirable by the College.

D. Dismissal/Termination

(Added 5/10/18)