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Dismissal of Term of Contract Faculty Procedure - 63.12.01

College Policy Number/Title:

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

Dismissal Procedures

Presentation of Charges

Charges against a faculty member will be made by the president in writing. In certain situations, the president or a designee may suspend the faculty member in accordance with the suspension procedures prior to or concurrent with the presentation of charges. The written charges will include an offer for a hearing before a hearing committee. A faculty member who desires a hearing will notify the president in writing within five calendar days of the receipt of the written charges. A hearing date will subsequently be set with notice to the employee at least 10 days in advance. A faculty member who does not desire a hearing may instead, within five calendar days of receipt of the charges, present to the president a written response to the charges for consideration.

Hearing Committee

The hearing committee will be composed of five members, two faculty who have been chosen by the vice president for academic affairs, one faculty who has been chosen by the faculty forum executive committee, and two administrators who have been chosen by the president. The hearing will be conducted in closed session as a personnel matter.

The Hearing

The hearing committee will conduct an evidentiary hearing in accordance with established rules.

The faculty member will be permitted to have a counsel of the faculty member’s own choice and to call witnesses. The faculty member must give the college notice of the selected counsel at least three calendar days prior to the hearing.

The burden of proof that adequate cause for dismissal of the faculty member exists will rest with the college.

The faculty member or their counsel will have the right to confront and cross-examine all witnesses.

The proceedings will be recorded by a court reporter selected by the college and a verbatim transcript prepared for both parties, the members of the hearing committee, and the president. The recording made by the court reporter will be the only recording allowed.

The committee will make findings of fact and a recommendation to the president, with supporting reasons based solely on the hearing proceedings.

President's Consideration

If the faculty member does not request a hearing, or if the president reviews the hearing committee’s recommendation or the faculty member’s written response and continues to support dismissal of the employee, the president’s recommendation for dismissal will be presented to the board of trustees under Section 16-104 of the Annotated Code of Maryland - Education Article. The president’s recommendation will take into consideration, but may not agree with, the recommendation of the hearing committee.

Review by Board

The board will give the faculty member the opportunity to submit written argument as to why the board should reject the recommendation for dismissal. The faculty member will be given a maximum of 15 calendar days to submit such documentation, which must not be no more than 10 pages in length. The faculty member will not be permitted to present oral arguments before the board. The final decision of the board will be communicated to the faculty member.

Effective Date: 05/11/18

President's Office Use:  VPAF/VPAA

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