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Dismissal of Term of Contract Staff Employees Procedure - 63.12.02

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 staff (administrative, professional/technical, and support group) as defined in procedure 63.03.01, Employment Definitions of the policy 63.03, Employment.

Dismissal Procedures

Presentation of Charges

The president will notify the employee in writing of the charges and the basis for the charges. In certain cases, the president or a designee may suspend an employee in accordance with suspension procedures prior to or concurrent with the presentation of charges.

Opportunity for Hearing

The president’s notification of charges to the employee will include an offer for a hearing before the president. The employee will be given five calendar days from the receipt of the charges to request in writing a hearing, in which case a hearing date will be set with notice to the employee at least 10 days in advance. A staff member who does not desire a hearing may instead, within five calendar days of the receipt of charges, present to the president a written response to the charges for consideration.

The Hearing

The hearing will be conducted in accordance with established rules as an evidentiary hearing.

The staff member will be permitted to have a counsel of the staff member’s own choice and to call witnesses. The staff 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 staff member exists will rest with the college.

The staff 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 and supplied to both parties and the president. The recording made by the court reporter will be the only recording allowed.

Presentation to Board

If the staff member does not request a hearing before the president, or if the president hears the case or reviews a 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.

Review by Board

The board will give the staff member the opportunity to submit written argument as to why the board should reject the recommendation for dismissal. The staff 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 staff member will not be permitted to present oral arguments before the board. The final decision of the board will be communicated to the staff member.

Effective Date: 05/11/18

President's Office Use:  VPAF

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