Human Resources Classified Staff
Policy and Procedures

Policy # 404.0
Effective: 09/88
Revised: 03/05 04/05
Section: Employee Relations
Subject: Predischarge or Suspension Without Pay Meeting
Reference: U.S. Supreme Court (Cleveland Board of Education vs. Loudermill, et.al., 83-1362)

POLICY

Regular Classified Staff employees who have completed the initial probationary period are entitled to a predischarge or suspension without pay meeting prior to a final decision on discharge or suspension without pay.

The purpose of the predischarge/suspension without pay meeting is to (1) provide oral or written notice of the specific grounds and particular facts upon which the proposed action shall be taken, (2) provide the employee with any written reports or documents upon which the proposed action is based, and (3) provide the employee with an opportunity to present evidence, including witnesses, refuting the existence of legitimate reasons for the proposed action.

PROCEDURE

When a recommendation has been made to suspend without pay or discharge a Regular Classified Staff employee, the responsible administrator shall schedule the meeting, advise the employee in writing of the proposed action and the time of the meeting. Written reports or documents upon which the proposed action is based should accompany notice of the meeting whenever it is practical to do so. A copy of this notification shall be sent to Human Resources.

The responsible administrator shall schedule the meeting so that it can be held prior to the effective date of the proposed suspension or discharge.

The responsible administrator shall conduct the meeting.

Following the meeting, the recommendation, supporting evidence, and the employee's response or evidence, if any, shall be carefully reviewed by the responsible administrator to ensure that there is sufficient evidence of legitimate reason for the suspension without pay or discharge.

After the review, the responsible administrator shall render a decision. However, prior to its execution, the decision rendered must be reviewed by the Associate Vice President for Human Resources and the University Attorneys Office of the General Counsel to ensure appropriate institutional application and compliance with personnel policies, regulations and laws related to classified staff employment. Inconsistencies noted as a result of the review must be resolved prior to proceeding with implementation of the decision.

If disagreement persists over specific comments contained in the policy/regulatory review, the responsible administrator or Associate Vice President for Human Resources may refer the matter to the Vice President for Student Life and Human Resources or designated representative for consideration and resolution.

The final decision shall be summarized in writing to the employee by the responsible administrator, in accordance with the Disciplinary Action Policy, Pol. #403.0, and a copy shall be forwarded to Human Resources. If the decision is that the employee is to be suspended without pay or discharged, this written notice shall include the specific reason(s) for the action and notice to the employee of the right to appeal the action through the Staff Dispute Resolution Procedure.

Policies Table of Contents

April 1, 2005