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Suspension of Term of Contract Employees Procedure - 63.12.03

College Policy Number/Title:

The president of Howard Community College has the authority to suspend a term of contract* employee with or without pay, and may delegate that authority to another college administrator as a designee.

Suspension With Pay

The president or a designee may suspend a term of contract employee with pay pending any fact finding or other actions.  Suspension with pay does not require due process.

Suspension Without Pay

  1. When a sufficiently serious personnel matter arises requiring the president or designee to consider suspending a term of contract employee without pay, the employee is entitled to procedural due process.  In this case, before a suspension may be issued, the employee will be presented with the allegations and evidence and be provided with the opportunity to respond.
  2. The president or designee will review the employee’s response and any recommendations, investigative reports, and other supporting materials supplied by the office of human resources or other staff.
  3. If, after consideration of all the collected information, the president or designee determines that an unpaid suspension is justified, the employee will be notified of the terms of the suspension in writing. The length of the suspension may not exceed five months or one academic semester.
  4. When the suspension is issued by a designee of the president, an employee may appeal the suspension by submitting an appeal request in writing to the president within five calendar days of being notified of the suspension. If appealed, the president will ask both the designee and the employee to present written information about the allegations and any defenses to the charges, including any facts and witness statements. In the course of reviewing the information submitted, the president may or may not meet with the employee. After reviewing the information and materials submitted, the president will issue a written decision on the appeal in a timely fashion.  The decision of the president is final.  An employee may or may not serve the unpaid suspension prior to an appeal decision; if the suspension is overturned on appeal after it has been served, the employee will be paid retroactively for any unpaid suspension days.
  5. In cases where the president makes the initial suspension decision, the decision is final and there is no right to appeal.    

*See policy 63.03, Employment  and procedure 63.03.01, Employment Definitions for definition of term of contract.

Effective Date:  10/09/15

President's Office Use:  VPAF

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