"Violation Due Process"
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 42 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. 45 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. 46