4.36 Due Process Policy

See version history

I. Policy

When, in accordance with the College's Policy 4.07 or 4.08 or 4.31, an exempt employee has received notification of recommendation for the employee's dismissal or notification of the College's refusal to grant the employee an additional extendible or improvement contract, that employee has the option to exercise his or her right to a Due Process hearing and have the recommendation be considered by an Academic Rights and Responsibilities Panel. 

II. Due Process Procedure

A. Within ten working days after receipt of the request for a hearing by the involved employee, the Executive Assistant to the President shall make the necessary appointments to an Academic Rights and Responsibilities Panel and give notice of the hearing.

B. The Academic Rights and Responsibilities Panel shall consist of five members plus the Executive Assistant to the President serving as the Presiding Officer. The President of the College Senate and the Presiding Officer will select five members of the Panel. The President of the College Senate, or a designee, and a representative from Human Resources will account for two members. The remaining three members will be selected from the College Senate and Leadership Council, with the majority from the involved employee's peer group. No member of the Panel shall have any personal interest or be directly or indirectly involved in the matters under consideration. The Panel shall appoint a substitute member when necessary.

C. The hearing date shall be set no later than ten working days from the date of the request by the employee. Any request for postponement must be submitted in writing to the Presiding Officer at least three working days prior to the scheduled hearing. The Presiding Officer reserves the right to extend the notice of the hearing or date of the hearing if additional time is needed.

III. Due Process Hearing

A. The Due Process hearing shall be closed to the public. The hearing shall be tape recorded, and a duplicate of the tape recording shall be made available to the involved employee upon request. A Notary Public shall swear in all witnesses.       

B. The Presiding Officer shall open the hearing by reading the recommendations of the involved administrators into the record. The Presiding Officer shall then read into the record those issues which the unit Vice President submitted to the Panel.

C. The involved administrators shall present evidence in support of their recommendations and shall have the burden of establishing, by the greater weight of evidence, that the employee should be dismissed or should not receive an additional extendible or improvement contract. The involved administrators and the involved employee shall have the right to counsel, to confront and cross examine adverse witnesses, and to examine all documents and other adverse demonstrative evidence. Any member of the Panel may ask questions of the involved administrators, the involved employee, their counsels, and any witness.

Rules of evidence shall not apply to the Due Process hearing. If, due to extenuating circumstances, a witness cannot be present at the hearing, a written statement may be submitted prior to the hearing. The involved employee is responsible for arranging for the attendance of any witnesses that he/she would like to be present at the hearing in support of the case. To protect the confidentiality of the hearing, the involved employee, or counsel, may decide if witnesses will be called one at a time or brought in all together.

D. After hearing the evidence, the Panel shall afford both the involved employee, or counsel, and then the involved administrators, or counsel, an opportunity to summarize their respective positions. Any such summarization shall not exceed 15 minutes. The Presiding Officer then shall direct the Panel to adjourn to closed session, which may be adjourned and subsequently reconvened within ten working days at the discretion of the Panel.

E. In its closed session, the Panel will consider the evidence presented and will prepare its report to the President. The five panel members, by majority vote, will respond to the recommendation of the unit Vice President, and the Presiding Officer is responsible for delivering the Panel's report to the President within five working days after completion of deliberations. The Panel's report may be accompanied by the Panel's recommendations as to the actions believed to be warranted.

F. Upon receipt of the Panel's advisory report, the President shall decide whether the involved employee is to be dismissed or deprived of any additional extendible or improvement contract. The President's decision shall be delivered to the involved employee and/or counsel by certified mail, postmarked no later than ten working days after receipt of the Panel's report. If it is finally decided that the employee is not to be dismissed, the employee shall be entitled to receive any pay that may have been withheld and shall be reinstated without loss of status or benefits. In any event, suspension without pay shall not exceed 90 working days in accordance with Policy 4.07 or 4.08 or 4.31.

G. If the involved employee wishes to appeal the President's decision, the employee may request in writing to the President, within 10 working days of receipt of the President's decision, that the decision be reviewed by the Executive Committee of the Board of Trustees.

H. Upon receipt of a request for review by the Executive Committee of the Board, the President shall within ten working days advise the Chairman of the Executive Committee of the request. Thereafter, the Executive Assistant to the President shall within ten working days forward to the Chairman and to the other members of the Executive Committee tape recordings of the proceeding before the Academic Rights and Responsibilities Panel, copies of all documents relative to such proceedings, and copies of the President's decision.

I. The Chairman shall schedule a meeting of the Executive Committee for consideration of the appeal by a majority of the Committee. Notice of the meeting shall be given to the President and the involved employee who, with or without counsel, shall have the right to appear and argue in support of their respective positions. The Executive Committee will not receive additional evidence but will confine its review to the record and arguments before it. The Executive Committee shall review the record and decision, hear arguments, conduct its deliberations, and shall vote upon a majority report. The majority decision of the Executive Committee shall be final. The Executive Committee will advise the Board of its action at the next meeting of the Board.

Changes approved by Board of Trustees on January 9, 2008; November 25, 2009; September 1, 2010
Changes approved by Cabinet on February 21, 2005; January 5, 2009