Human Resources Classified Staff
Policy and Procedures
Policy # 404.0
Effective: 09/88
Revised: 04/05 04/07
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 Regular Classified Staff employees who have has completed the initial
probationary period are is 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, adviseing 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 Consulting Services. The responsible administrator shall conduct the meeting.
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 Director, Human Resources Consulting Services as designee for the Associate Vice President for Human Resources and the 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 Policy #403.0 - Disciplinary Action, and a copy shall be forwarded to
Human Resources Employee Records. 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.
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