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. The procedures below apply to term of contract employees, as defined in procedure 63.03.01, Employment Definitions of the policy 63.03, Employment.
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
The president or designee may suspend a term of contract employee for cause in accordance with policy 63.12, Suspension and Dismissal. In this case, the term of contract employee is given notice of the suspension and an opportunity to be heard.
An employee has five (5) days from receipt of a notice of suspension to submit to the president or the designee information and arguments contesting the grounds for suspension.
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. If, after consideration of all the collected information, the president or designee determines that an unpaid suspension is justified, the employee is notified of the terms of the suspension in writing. The length of the suspension may not exceed five (5) months or one major academic semester.
When the suspension is issued by a designee of the president, an employee may appeal the suspension to the president by submitting an appeal request in writing to the president within five (5) calendar days of the notice of suspension. If the suspension is appealed, the president will notify the designee and the employee and direct both the designee and the employee to submit in writing information that they wish the president to consider regarding the grounds for suspension, including any facts and witness statements. The president also may or may not choose to meet with the employee. After reviewing the information and materials submitted, the president will issue a written decision on the appeal as soon as practicable given the circumstances. 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 was served, the employee will be paid retroactively for any unpaid suspension days. In cases where the president makes the initial suspension decision, the decision is final and there is no right to appeal.
Effective Date: 06/09/22
President's Office Use: CHRO