College Policy Number/Title:

Introduction  The president may recommend dismissal of an employee for cause (see “Suspension and Dismissal” policy 63.12) under the procedures as defined below in accordance with federal and state law and college policy.  This procedure applies to full-time tenured (term of contract) faculty as defined in the "Employment Definitions" procedure 63.03.01 of the "Employment" policy 63.03.

Dismissal Procedures

1. Presentation and Investigation of Charges

Charges against a faculty member may be made by the president.  Such charges must be made in writing.  In certain situations, the president may suspend an employee in accordance with the suspension procedures.  If the faculty member elects to contest these charges, then a hearing will be held in accordance with the following procedures.

2. Service of Charges and Hearing

Notice of a hearing before an elected hearing committee will be served along with written charges at least ten working days before the hearing.

3. Answer to Charges

The faculty member may waive a hearing before an elected hearing committee and may respond to the charges in writing any time before the specified hearing date.

4. Elected Hearing Committee

The elected hearing committee will be composed of five members (three faculty who have been elected by their peers at a faculty meeting and two administrators).  The hearing will be conducted in closed session as a personnel matter.  However, if information concerning the facts in the hearing are made public, the college may make a statement concerning the case.  If a quorum of faculty cannot be found to serve, the president may proceed without the elected hearing committee's recommendation.

5. The Hearing

a.The hearing committee will conduct the proceedings in accordance with established rules and will not be bound by strict rules of legal evidence.
b.The faculty member will be permitted to have a counsel of his/her own choice and to call witnesses.
c.A verbatim record of the hearing will be taken and a typewritten copy made available to the faculty member without cost to him/her, at his/her request.
d.The burden of proof that adequate cause for dismissal of the faculty member will rest with the college.
e.The faulty member will have the right to confront and cross-examine all witnesses.
f.The committee will make findings of fact and a recommendation to the president, with supporting reasons based solely on the hearing record.

6.   President's Consideration of Recommendation

In those cases where the president receives a recommendation from the elected hearing committee, the president may convene and conduct an additional investigation including a conference with the faculty member before making an appropriate recommendation under Section 16-204 of the Annotated Code of Maryland - Education Article.

Effective Date:  8/1/2000