Human Resources Classified Staff Policy and Procedures
Policy # 404.0
Effective: 09/88
Revised: 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 employee who has completed the initial probationary period 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, advising 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.
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 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.
The final decision shall be summarized in writing to the employee by the responsible administrator, in accordance with the 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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