4.38 Employment and Dismissal of Classified Employees
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I. Definitions


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.


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.


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.


D. Termination:  An action taken by the College for reasons other than job performance.


II. Regulations


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.


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.


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


1. Each problem is investigated by the immediate administrator so that the facts of the situation are known.


2. Any action taken is primarily corrective rather than punitive and is appropriate to the offense.


3. The dignity of the employee is respected.


III. Procedure for Corrective Discipline


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:.


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.


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.


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.


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.


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.


IV. Immediate Dismissal


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.


V. Termination


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.


VI. Review


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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