College Procedure Number/Title:
- The president may recommend to the board of trustees dismissal of a tenured (term of contract) employee (see “Employment” policy 63.03 and “Employment Definitions” procedure 63.03.01) for cause as defined below and in accordance with federal and state law subtitle 16 of the Education Article of the Annotated Code of Maryland 16-204. If the board accepts the recommendation of the president, they will authorize the president to dismiss the employee.
- Cause will be defined as including, but not limited t incompetent or inefficient service; insubordination; immorality; substance abuse; sexual or racial discrimination or harassment or other illegal acts; willful neglect of duty; unprofessional or unethical conduct; or misconduct defined as the violation of institutional policies or procedures.
- A term of contract employee as defined in the "Employment Definitions" procedure 63.03.01, who is dismissed, is entitled to reasonable notice and the opportunity to be heard (due process).
- Employees without term of contract are “at-will” employees (see “Employment”policy 63.03 and “Employment Definitions” procedure 63.03.01). Employment “at-will” means that employment may be ended at any time and for any reason or no reason by the college or the employee. This would simply be ending employment and “dismissal” would not normally be necessary. Employees without term of contract do not have the right of notice or hearing (due process).
- The president may suspend employees for cause as defined above in number 2 under Dismissal. If the suspension will be suspension without pay, the president or designee will provide an opportunity for the employee to be heard in a brief meeting.
- A term of contract employee who is suspended for cause has the right to appeal the president's suspension to the board within 15 days. The appeal will proceed according to the hearings and appeals before the board of trustees procedures contained in the appendix to the By Laws of the board of trustees.
In the case of an employee who does not have term of contract, employment would simply end and suspension would not normally be necessary. All dismissals and suspensions will be conducted in accordance with the "Equal Opportunity/Affirmative Action/Non-Discrimination" policy 63.01.Effective Date: 8/1/2000