G-19: Discipline of Administrative Employees and Manager/Professional Employees
Adoption Date: 09/17/90 | Revision Date: 10/19/98 | Revision Date: 08/26/08 | Revision Date: 12/20/11 | Revision Date: 02/28/12
The College President or designee may discipline an administrative employee or manager/professional employee, appropriate to the misconduct.
Such discipline may include, but is not limited to, the following actions:
- Oral Warning;
- Formal Written Reprimand;
- Suspension, With or Without Pay; and,
- Recommendation for Termination of Employment for cause.
All discipline (A-E) shall be in writing and a copy shall be tendered to the employee who shall acknowledge receipt of the same. All discipline shall be placed in the employee’s official personnel file.
One or more Oral Warnings may be appropriate prior to any of the more severe disciplinary actions set forth in B - E above. Oral Warning(s) may be given by the supervisor; the senior executive officer of the area should be advised when an Oral Warning occurs.
Disciplinary action B - E shall be discussed by the supervisor with the employee in a disciplinary meeting, and a thorough written record shall be maintained describing the incident(s), disciplinary procedures followed, and final disciplinary action taken (collectively the “written record”). The supervisor and the senior executive officer of the area shall be present at this meeting during which the incident(s) is presented and the disciplinary action discussed, unless the President determines otherwise.
This written record described in the preceding paragraph shall be maintained in the employee’s official personnel file.
In no case shall a supervisor proceed with disciplinary action B (Written Reprimand) without prior approval of the senior executive officer as the President’s specifically designated representative. In no case shall action C or D (Probation or Suspension, with or without pay), occur without prior approval by the College President. Termination may occur only upon prior recommendation to, and action by, the College President and the Board of Trustees.
If immediate disciplinary action is required such that the senior executive officer is unavailable, the College President may authorize the appropriate action. If immediate disciplinary action is required and the College President is unavailable, only his/her designated senior executive officer may authorize action C or D and only after review by College Counsel.
Oral Warnings, Formal Written Reprimands, and Suspensions With Pay are not appealable. However, the employee may file a rebuttal to said discipline which shall be placed in the employee’s official personnel file.
If an employee is placed on probation or suspended without pay by a senior executive officer other than the President, the employee may appeal said discipline to the President by submitting a written appeal to the President within five (5) work days after receiving said discipline. The employee and the President shall meet to discuss the discipline and appeal within ten (10) work days after the President receives the appeal. The President shall issue a written decision regarding the appeal within five (5) work days of said meeting.
If an employee is (a) placed on probation or suspended without pay by the President, or (b) not satisfied with the result of his/her appeal of discipline to the President as described in the preceding paragraph, or (c) discharged by the Board, the employee may request a hearing before the Board by submitting a written request to the President within five (5) work days after receiving said discipline or the President’s written decision on the employee’s appeal, respectively. The President shall advise the Board of the appeal within five (5) work days after receiving said appeal. The Board, in its sole discretion, may designate a hearing officer, who may or may not be a member of the Board, or may designate a three (3) person committee (which may consist of not more than two (2) members of the Board and not more than two (2) senior executive officers) to conduct the hearing. Alternatively, the entire Board may hear the appeal. The Board shall advise the employee of the date, time, and location of the hearing as well as who will be presiding over the hearing at least fourteen (14) calendar days prior to the hearing. Every effort should be made to hold the hearing within forty-five (45) calendar days of the employee’s request for a hearing.
Where the Board designates a hearing officer or a committee to conduct the hearing, the hearing officer or committee shall submit his/her/its findings and recommendations to the full Board, and the ultimate decision shall be made by a majority of the full membership of the Board. If the Board determines discipline should have issued, it shall accept, reduce, or increase the discipline issued. If the Board determines discipline should not have issued, the Board shall direct the discipline be removed from the employee’s official personnel file and make the employee whole. The Board shall notify the employee of its decision within thirty (30) calendar days of the hearing.