Violation Due Process by PastorGallo

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									Coahoma Community College Policy and Procedures Manual                           Section VII


                        SECTION VII: DISCIPLINE/DUE PROCESS

A.    Violations

      All employees of the Institution are required to abide by the policies and procedures
      included in this Manuel as well as other rules and regulations which may be established
      by the President or the Board of Trustees. Any employee who violates or neglects to
      follow a policy, rule or regulation of the Institution is subject to disciplinary action.

B.    Scope of Discipline

      The Institution, through its President and supervisors, reserves the right to impose
      discipline. Possible disciplinary actions include but are not limited to verbal reprimands,
      written reprimands, suspensions without pay for a specific period of time, demotions,
      transfers, and termination of employment. Verbal reprimands are to be issued in private
      in an effort to correct an employee’s actions. Written reprimands are more serious and
      will be placed in an employee’s personnel file. The specific disciplinary action to be
      taken will depend on the nature and extent of the offense and such other factors as
      deemed relevant by the President.

C.    Forms of Discipline

      The Institution reserves the right to determine the appropriate discipline in each case.
      The President may dismiss any employee for good cause shown. With approval of the
      Board of Trustees, the President may terminate or suspend any member of the faculty
      for cause.

1.           Any employee targeted for suspension without pay, demotion, or dismissal will be
             given written notice of the intended disciplinary action at least ten (10) working
             days prior to the action being taken. The notice will contain a listing of the
             grounds for the disciplinary action. In extraordinary circumstances as determined
             by the President, an employee may be suspended immediately with pay, pending
             preparation and service of the notice referenced in this section.

      2.     In the event a contractual employee desires a hearing on the pending disciplinary
             action, he or she shall file a written request for such hearing no later than forty
             eight (48) hours after receipt of the notice set forth in Section C.1.

      a.     This notice shall be filed with the Human Resources Director. The Director will
             forward the request to the President who will appoint a designated hearing officer
             to conduct the hearing. Hearings held under this section will comport with the
             due process procedures set forth in Section E.




      Due Process



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     A contractural employee who receives a written reprimand or more serious form of
     discipline may file a written grievance appeal under the procedures set forth in Section
     E.

A.   Due Process Procedures

     The Institution recognizes the right of a contractural employee to notice and a fair
     hearing with regard to grievances concerning employment, retention, performance
     evaluation, suspension, demotion, dismissal, promotion, salary, working conditions or
     assigned duties. The grievance procedure is set forth below.

1.          The contractural employee should first address his or her grievance to the
     immediate supervisor in writing. If the complaint involves the immediate supervisor, the
     employee should address the complaint to the next level of supervision. Complaints or
     grievance must be filed on a Grievance Form which may be obtained from the Human
     Resources Office or in the form section of this handbook.

2.          If step 1 does not satisfactorily resolve the grievance, the contractural employee
            may appeal to his or her supervisor’s immediate superior within five (5) days of
            receiving a decision from his or her immediate supervisor. This appeal should be
            initiated by forwarding a copy of the written grievance.

3.          If step 2 does not satisfactorily resolve the grievance, the contractural employee
            may appeal by forwarding a written request for appeal along with a copy of the
            grievance to the Human Resources Director. The Human Resources Director will
            coordinate presentation of the appeal to the President who will either resolve the
            complaint or appoint a hearing officer for further proceedings. This request for
            appeal MUST be filed with the Human Resources Director within five (5) days
            after the completion of step 2.

4.          A contractural employee may request a hearing in matters where evidence may
            be presented which will assist in the resolution of the complaint or grievance. A
            request for hearing should be made in writing and must be filed along with the
            appeal discussed in step 3. Where the President determines that a hearing is in
            order will appoint an appropriate Hearing Officer to conduct the hearing. The
            Hearing Officer will       present to the President a written report and
            recommendation within twenty-one (21) days after the hearing is concluded.
            Final action is with the Board of Trustees with regard to the matter. The
            President shall communicate in writing to the contractural employee and other
            necessary parties, the final actions of the Board of Trustees.

5.          Where a hearing is held, it will comport with due process. Parties will be allowed
     to speak, present witnesses, offer evidence, and cross-examine adverse


            witnesses. The contractural employee will be allowed to have an advisor or
            counsel present at the hearing, provided such is at the employee’s own hiring.
            Advisors or counsel are advisory in nature and may not address the hearing
            officer or question or cross-examine witnesses.


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B.   Time Limit

     A contractural employee who wishes to file a grievance or complaint MUST adhere to
     the time limits set forth in the preceding sections. Failure to follow these time
     requirements will constitute a waiver of the grievance or appeal.

C.   Investigatory Procedures

     Investigations may be initiated into contractural employee complaints or other matters as
     determined by the President.          The President retains the discretion to initiate
     investigations necessary to determine facts relevant to the complaint, grievance or
     incident. Failure of any employee to participate in or assist in any official investigation
     will be deemed a serious violation of Institution policy and will be subject to disciplinary
     action.




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