4130 Employee Dismissal, Suspension, Termination, and Discipline

LARAMIE COUNTY COMMUNITY COLLEGE PROCEDURE

SUBJECT - Employee Dismissal, Suspension, Termination, Reduction In Force,

and Discipline

REFERENCE - Personnel Policy 4130 LCCC Rules of Practice for Contested Cases

DATE - 1/3/89

NUMBER - 4130

I. Introduction

All employees of the college are required to carry out assigned duties in a satisfactory manner as evidenced by the employee evaluation process. Depending on the severity and/or frequency of an employee's action, omission, or behavior, the President has the authority to dismiss, suspend or terminate an employee.

II. Grounds for Disciplinary Action

The following actions, omissions, or behaviors are grounds for dismissal, suspension or termination as recommended by the President:

A. Immorality

Conduct that is inconsistent with the standards of public conscience and good morals of the district in which the college is located. It is conduct, which violates criminal law or is sufficiently notorious to bring the employee concerned or the education profession into public disgrace or disrespect so as to impair the employee's service to the college.

B. Misconduct

1. Intentional, unlawful, or improper conduct by an individual

which violates established rules, policies, directions, or

guidelines for performing assigned duties.

2. Failure of an employee to perform assigned duties given by and

with proper authority.

3. Demonstrating the effect of abuse of alcohol, drugs or narcotics

while in the course of assigned duties.

4. Participation in disruptive activities which interfere with the

normal operation of the college, or which may endanger the

health and safety of self, students, faculty or staff.

C. Incompetency

An inability or lack of fitness to discharge required duties as a result of ineffectiveness or incapacity.

1. In the determination of what constitutes ineffectiveness the President may consider repeated failure to perform duties: repeated failure on the part of the employee to communicate with and relate to students or employees to such an extent that students are deprived of minimum educational experiences; or repeated failure of an instructor or administrator to communicate with and relate to teachers, students and staff under his or her supervision to such an extent that the programs for which he or she is responsible are impaired.

2. In the determination of what constitutes incapacity or inability, the President may consider any performance related to an essential function of the employee's job, as indicated in the employee's job description.

D. Insubordination

An intentional, or constant, or continuing refusal to obey a direct order, reasonable in nature, and given by and with proper authority.

E. Willful Neglect of Duty

Intentional failure of an employee to perform the duties assigned to him/her, which were given by and with proper authority.

F. Sexual Harassment

Sexual harassment is the direct, indirect, implied or actual use of or threat to use real or apparent authority, power and/or position for the purpose of coercing another into engaging in sexual relations or for the purpose of punishing a person for his or her rejection of unwelcome sexual advances, or requests for sexual favors. Sexual harassment is also verbal and/or physical conduct of a sexual nature by any student or person employed by the college, whether such conduct occurs within the work place, educational setting, or while in the course of assigned duties, if such conduct has the purpose or effect of interfering with a person's work or academic performance or has the purpose or effect of creating an intimidating, hostile or offensive environment within the classroom or work place. This procedure shall apply at all levels and among all segments of the college, including students, faculty, staff and administration.

III. Reduction In Force (RIF) and Reemployment

A reduction in force (RIF) can be implemented due to the lack of or limited need for a curriculum, program or service; the reallocation of funds by the Board of Trustees; or a financial emergency caused by the withdrawal of current funding by the State Legislature, the Governor or the Community College Commission. Before a financial emergency is declared, the college will attempt to make up a financial shortfall through the reallocation of available financial resources. In the event a RIF is deemed necessary, the criteria listed below will be applied to determine the number and types of employees to be reduced.

A. The number and types (faculty, administrative, educational

services staff) of employees reduced shall be consistent with

the need for a curriculum, program or service as determined

by a review of a curriculum, program or service or the amount

of funds reallocated by the Board, or the amount of funds

withdrawn in the event of a financial emergency.

B. In the event of a RIF, employees will be retained in

descending priority order according to the following

criteria:

1. Ability to meet the needs of a necessary curriculum,

program or service by virtue of-

a. Education and experience related to a position

necessary to meet the needs of the college.

b. Quality of service as documented by the college's

employee evaluation process.

2. For contracted positions, employees with continuing

contract status will be given retention priority over

employees on initial or annual contract status, or

temporary status.

3. For educational services staff positions, employees who

have completed their initial six (6)-month probationary

period will be given retention priority over employees

who are employed in their initial six (6)-month

probationary period.

4. If a determination cannot be made from criteria 1., 2.,

and 3. (above). Priority for retention will be made on

the basis of length of benefited service in the

appropriate type of employment (instructional faculty,

noninstructional faculty, administrative, nonteaching

professional, educational services staff-exempt,

educational services staff-nonexempt).

C. Employees whose employment is discontinued because of a RIF

have the same rights to a hearing as set forth in IV. A., B.,

C., and D. (below) as if they had been dismissed, suspended,

or terminated.

D. Benefited employees whose employment is discontinued because

of a RIF are entitled to severance pay in accordance with the

following:

1. An employee whose position has been eliminated due to a

review of a curriculum, program or service (and not a

financial emergency) is entitled to receive severance

pay and benefits for a period of eighty- five (85) paid

days beyond his/her last day of employment, or may

receive Transitional Opportunity Plan (TOP) payments, if

eligible (based on age and service as indicated in

Policy and Procedure 4145), in lieu of severance pay and

benefits.

2. An employee whose position has been eliminated due to a

financial emergency as declared by the Board of

Trustees is entitled to receive his/her regular salary

and benefits for a period of eighty-five (85) paid days

starting with the day the college issues the RIF

notice, as evidenced by proof of hand delivery or

postmark of registered or certified letter. In order to

receive salary and benefits from the college, the

riffed employee must continue to perform duties and

responsibilities satisfactorily. If a contracted

employee's contract expires prior to the completion of

the eighty-five (85)-day paid period, the employee's

last day of employment shall be the last day the

employee is under contract. The college will continue

to pay salary and benefits to the riffed contracted

employee beyond his/her last day of employment until

such time the employee has received salary and benefits

for eighty-five (85) paid days, starting with the day

the RIF notice is issued.

3. A benefited employee whose position has been eliminated

due to a RIF is eligible for reemployment within two

(2) years from his/her last day of employment in

accordance with the following:

a. The riffed employee shall be offered reemployment

in his/her same position should the position be

restored, or in an essentially similar position

for which the riffed employee meets the

qualifications, if a vacancy occurs. If two or

more riffed employees meet the qualifications for

a vacant position which is essentially similar to

their former position, the selection shall be

made on the basis of retention criteria described

in 111. B. L, 2., 3., and 4. above. NOTE:

Essentially similar positions are positions with

the same job title and qualifications.

b. If a riffed position is restored or if a vacancy

occurs for an essentially similar position, the

college shall inform the riffed employee by

sending a registered or certified letter to

his/her last known address. It shall be the

responsibility of riffed employee to inform the

college of his/her current address.

IV. Process for Administering Dismissals, Suspensions and Terminations, and

Employee Rights

In the event of a dismissal, suspension or termination, employees of

the college have a right to a hearing pursuant to Laramie County

Community College Rules of Practice for Contested Cases.

A. Termination of Contract Faculty and Contract Administrators

1. Prior to making a decision to terminate an employee, the

President will meet with the employee to explain the pending

termination and the reason(s) for the action. At this time,

the employee will have an opportunity to provide information

on his/her behalf.

2. If the contract of a faculty or administrator is to be

terminated, the President is required to inform the employee

in writing of the termination and reason(s) why via hand-

carried letter or by registered or certified mail no later

than February 28.

3. The written termination notice along with proof of it being

hand delivered or mailed shall be kept in the employee's

personnel file.

4. A contracted faculty or administrator shall be entitled to a

hearing before the Board of Trustees within thirty (30)

working days after receipt of termination notice if the

terminated employee makes a written request for such hearing

to the Board within ten (10) working days after receipt of

such notice.

B. Dismissal or Suspension of Contracted Faculty or Administrators

1. Prior to making a decision to dismiss or suspend an employee,

the President will meet with the employee to explain the pending dismissal or suspension and the reason(s) for the action. At this time, the employee will have an opportunity to provide information on his/her behalf.

2. The suspension or dismissal of any faculty or administrator

will be initiated by the President by submitting a written notice of the dismissal or suspension and the reason(s) why to the employee via hand carried letter or by registered or certified mail.

3. The written dismissal or suspension notice along with proof

of it being hand delivered or mailed shall be kept in the employee's personnel file.

4. Any contracted faculty or administrator who receives a notice

of dismissal or suspension shall be entitled to a hearing before the Board of Trustees within thirty (30) working days after receipt of such notice if the dismissed or suspended employee makes a written request for such hearing to the Board within ten (10) working days after the receipt of said notice.

C. Dismissal or Suspension of a Benefited Educational Services Staff

1.Prior to making a decision to dismiss or suspend an employee,

2. Benefited educational services staff employees are required to

serve a six (6) month probationary period upon initial employment, and during that time will not be entitled to a hearing upon dismissal or suspension.

3. Benefited educational services staff employees who are not on

initial probationary status, who are dismissed or suspended shall receive from the President a written notice of the dismissal or suspension and reason(s) why via hand-carried letter or by registered or certified mail.

4. The written dismissal or suspension notice along with proof of

it being hand delivered or mailed shall be kept in the employee's personnel file.

5. The benefited educational services staff employee, not on

initial probationary status, may have a hearing before the President's designee within thirty (30) working days after receipt of the dismissal or suspension notice if the employee makes a written request for such hearing to the President within ten (10) working days after receipt of said notice.

V. Disciplinary Process

The President has the sole authority to dismiss, suspend or terminate a college benefited employee as indicated in the previous sections of this procedure. However, the supervisor and administrator over the employee's work unit has the responsibility and authority for administering disciplinary action less severe than dismissal, suspension or termination. In taking disciplinary action, the administrator shall attempt to correct the alleged problem(s) (i.e., unsatisfactory work performance, misconduct, insubordination, as well as other incidents described in II. above) by applying discipline in a progressive manner.

The following progressive discipline steps are intended to serve as a guideline for attempting to correct most behaviors and/or performance problems requiring disciplinary action. Depending on the severity and frequency of the action(s), omission(s) or behavior(s) requiring disciplinary action, one or more of the following steps may be superseded to insure the disciplinary action is consistent with the level of the infraction against college policies or operating procedures, and/or the rights of others. In determining appropriate disciplinary action, the administrator shall consider factors such as the nature and extent of the infraction, employee's past record, and effect on the operation of the work unit and the college. Steps for administering progressive discipline are as follows:

A. Verbal Warning

This usually applies to a first incident if not too severe. If the supervisor over the employee observes an initial infraction and/or has documented evidence regarding an initial infraction, the supervisor shall have a discussion with the employee covering the following items:

1. Informing the employee of the infraction and how it

constitutes poor job performance or violates college policies or procedures, or others’ rights.

2. Inform the employee of what is expected of him or her to

improve the performance or correct the behavior.

3. Inform the employee that if performance is not improved or if

behavior is not corrected, similar actions will result in more severe disciplinary action.

4. The supervisor will prepare a written statement of record

which will accurately describe the verbal warning indicating the date of the warning and the contents of the discussion. While this statement will not be part of the employee's official personnel file, it will be kept on file by the supervisor. This statement is intended to assist the supervisor in documenting the verbal warning in the event the discipline progresses to a higher level.

B. Written Reprimand

This usually applies to a second incident of the same or similar nature, and is usually a follow-up to a verbal warning. Depending on the severity of a critical incident, this may be the first reprimand the employee receives. The written reprimand shall contain the following:

1. Description of the employees performance or behavior(s) and

how it constitutes poor job performance or violates college policies or procedures, or other's rights.

2. If applicable, a statement describing previous disciplinary

action(s) which have a bearing on current action.

3. Inform the employee of what corrective measures are necessary

to avoid further disciplinary action.

4. The written reprimand shall be placed in the employee's

official personnel file until which time the President decides it is no longer relevant to the employee's appointment at the college.

C. Disciplinary Action

The following disciplinary actions usually apply to an incident of the same or similar nature for which the employee received a verbal warning and/or written reprimand. Depending on the severity of a critical incident, one of the following actions may be the first discipline received by the employee.

1. Disciplinary Probation

If an employee is placed on disciplinary probation, the administrator over the employee shall provide the employee with a written statement as follows:

a. The reason(s) for being placed on probation, including

any previous applicable disciplinary actions, warnings

or reprimands.

b. The length of the probationary period, including the

beginning and ending dates.

c. A directive of what is expected of employee while on

probation.

d. Inform the employee of the consequences if expectations

are not met.

e. The probationary document including relevant

attachments shall be placed in the employee's official personnel file until which time the President decides it is no longer relevant to the employee's appointment at the college.

f. An employee shall not be eligible for a pay increase

during the period of disciplinary probation. However, upon successful completion of probation, employee shall receive any pay increase(s) withheld while on probation, effective one day after the ending date of the probationary period.

2. Grounds for dismissal, suspension and termination are

described in II. (above) and the process for administering dismissals, suspensions and terminations, as well as the employee's rights are described in IV. (above).