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| 4.38 Employment
and Dismissal of Classified Employees |
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I. Definitions |
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A. Initial
Probation: A stated interval, beginning immediately upon employment, during
which the employee's job performance will be evaluated and a decision made regarding
retention of the employee. |
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B. Performance
Probation: An action taken by the College advising the employee of performance
deficiencies, identifying the steps necessary for their correction, and establishing a
timetable that affords the employee an opportunity for improvement. |
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C. Dismissal:
An action taken by the College discontinuing the employment relationship between the
College and an individual as a result of unacceptable job performance or the conduct of
the individual. |
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D.
Termination:
An action taken by the College for reasons other than job performance. |
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II. Regulations |
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A.
Classified
employees shall be hired through the procedure set forth in Section 4.02 and in accordance with the
College's equal employment and affirmative action program. |
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B.
Classified
employees shall serve an initial probation period of six months during which the College
may dismiss the employee without notice. During this period, evaluation of the employee
shall be ongoing and informal in nature. At the end of the six-month period, the
employee's supervising administrators will determine whether the employee shall be
retained and shall so inform the employee and the Associate Vice
President for Human Resources. |
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C.
After the period
of initial probation, supervisory efforts must be concentrated on preventing serious job
performance problems from occurring rather than on disciplining employees for poor
performance. I f disciplinary measures are necessary, it is essential that |
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1. Each problem is
investigated by the immediate administrator so that the facts of the situation are known. |
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2. Any action taken
is primarily corrective rather than punitive and is appropriate to the offense. |
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3. The dignity of
the employee is respected. |
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III. Procedure for
Corrective Discipline |
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Counseling by an
employee's immediate administrator will be the first effort to correct the employee's
performance or service deficiencies. When an employee's work is unsatisfactory, and if
counseling does not correct the situation, the employee may be disciplined through the
following procedure:. |
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A. Personal
Conference and Report: The immediate administrator will prepare a letter addressed to
the employee identifying the employee's performance or service deficiencies, the
immediate administrator's documented counseling efforts, and the steps that the employee
must take to correct the performance or service deficiencies. This letter will specify
whether or not the employee is being placed on Performance Probation and, if so, for what
specified time. This letter will be reviewed and approved by the second-level
administrator prior to its delivery to the employee. Once the letter has been delivered to
the employee, the immediate administrator shall schedule a conference with the employee. |
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The letter
described in this subsection will be reviewed with the employee at a meeting scheduled and
conducted by the immediate administrator. A copy of the letter, signed by the immediate
administrator and the employee, will be forwarded to the Associate Vice
President for Human Resources. Should the employee elect not to sign the letter, the immediate administrator will make a
notation of the meeting date and time and the employee's refusal to sign. |
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B. Dismissal:
If during, or at the end, of the performance probation period, the employee's job
performance is judged to be so unsatisfactory as to justify dismissal, the immediate
administrator shall recommend, in writing, to the second level administrator such
action. If the second-level administrator concurs with the recommendation, the Human Resources will schedule a pre-termination meeting with the immediate administrator
and the employee to review the merit of the recommendation. |
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The Associate Vice President for Human Resources will report the findings of the
pre-termination meeting to the Vice President for
Administrative Services who will review the case and advise the unit
Vice President on the appropriate disposition of the case. If the unit
Vice President and
the Vice President for Administrative Services concur with the recommendation for
dismissal, the President will be so notified. Upon the President's approval, the employee
will be dismissed. |
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The employee will
receive, by certified mail, a written notification from the unit Vice President specifying
that the dismissal action has been taken. The dismissal action will be effective upon the
date indicated in the written notification to the employee. |
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IV. Immediate
Dismissal |
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In cases involving
dereliction of duty (as defined in Section 4.08 III. C. 3.)
or serious misconduct (as defined in Section 4.08 III. C. 2.),
or where the employee's continuing employment is substantially disruptive or interferes
with College operations, the employee will be dismissed upon receipt of written
notification from the unit Vice President. Such action requires concurrence of the Vice
President for Administrative Services and the President. |
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V. Termination |
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Upon such notice as
is deemed reasonable and practicable for the circumstances, an employee may be terminated
by the unit vice president with the concurrence of the Vice President for
Administrative Services and the President if the position assigned is discontinued or
institutional financial exigency compels a reduction of the institution's operating
budget. |
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VI. Review |
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If the employee
being dismissed or terminated believes such action is not justified, the employee may
request a review by the President of the action. Such request must be made within 10
working days after receipt of the notification letter. The action of the President will be
final. |
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