Policy: 7.3 Resignation, Administrative Leave, Disciplinary Action, Dismissals, Appeals and Layoffs

Relationship of Non-Exempt Employee to College  

Policy: 7.3 Resignation, Administrative Leave, Disciplinary Action, Dismissals, Appeals and Layoffs

Adoption Date: May 22, 2023 Revised

RESIGNATION

When a non-exempt employee plans to resign from employment in the college district, as much advance notice of the resignation date as possible should be given to the supervisor so that arrangements for a replacement can be made.  At least two (2) weeks notice is considered as minimal good practice.  No employee should be absent from duty without authorized leave except briefly in cases of sickness or emergency.  Any employee who is absent without authorized leave of absences is deemed to have abandoned his/her position and to have resigned from the college district.  Exceptions may be made if the employee can verify that extenuating circumstances prevented his/her reporting or requesting leave.  When the employment relationship concludes between the college and an employee, the employee must be physically at work the day following any official college holiday if the employee is to be compensated for the holiday period.  Vacation days or personal days may not be used to meet this attendance requirement. Employees who are retiring are not required to work the day following any official college holiday but must be physically at work or use accrued vacation, personal leave, or Staff Development award their last scheduled day preceding any official college holiday to be compensated for the holiday period immediately following their last scheduled day.

ADMINISTRATIVE LEAVE WITH PAY

In some instances, employees will be placed on administrative leave with pay pending an investigation or other pertinent matters by the President.  This action is not considered a disciplinary action.  The employee shall be notified in writing of the terms and conditions, if any.

DISCIPLINARY ACTION, DISMISSALS,

This procedure does not apply to dismissal during the probationary period.

Disciplinary Action.

The general types of disciplinary actions include, but are not limited to, the following:  oral reprimand, documented reprimand held with supervisor, written reprimand for the personnel file, disciplinary leave with pay, probation, change of assignment, demotion, suspension without pay, and dismissal.  Disciplinary action is the responsibility of a supervisor or administrator and action taken should be appropriate to the situation. The immediate supervisor of the supervisor taking action and Chief Human Resources Officer should be consulted before any disciplinary action is taken.       

Dismissal and Suspension

Offenses justifying suspension or dismissal include, but are not limited to:

1. Failure or refusal to comply with official directives, either oral or written.
2. Failure to comply with official policies.
3. Inefficiency or incompetency in performance of duties.
4. Conviction of any felony grade crime or conviction of any other crime involving moral turpitude. “Conviction” is defined to include deferred adjudication or probation.
5. Necessary reduction in force (retrenchment).
6. Possession of or being under the influence of alcohol while being on duty.
7. Possession of or being under the influence of illegal drugs.
8. Insubordination.
9. Indecent or immoral conduct which violates common decency or morality or reflects negatively on the reputation of Howard College.
10. Physical or mental incapacity not otherwise protected by law that prevents full performance of the employee’s duties.
11. Failure to correct deficiencies pointed out in observation, supplemental memoranda, or other communications.

The immediate supervisor of the supervisor taking action and Chief Human Resources Officer should be consulted prior to any dismissal or suspension.     

APPEAL

At-will employees have no property rights and may be dismissed at will.  There is no appeal of this employment action.

LAYOFFS  

When it becomes necessary to lay off one or more employees in a department, the supervisor should consider all pertinent factors, such as individual production records and quality of past work performed when selecting the employees to be laid off.   When possible, department supervisors will give staff personnel fourteen (14) calendar days notice prior to layoffs.  Whenever possible and applicable, persons on lay‑off status are recalled before new staff personnel are employed.

CHECK-OUT PROCEDURES

When an employee resigns, the department supervisor should notify the Chief Human Resources Officer within twenty-four hours.  The supervisor should submit the employee’s statement of resignation to Human Resources.  If a resignation letter is not submitted, the supervisor should submit a Payroll Recommendation form.  All persons leaving employment with the college district should meet with Human Resources personnel or applicable site representative to complete the check-out process.

DEDUCTION STATEMENT

As noted on the letter or contract the college will deduct any outstanding charges (former student or employee) found during the check-out process from the employee’s last paycheck.  This includes keys/fobs, and any equipment not returned.  If charges exceed the last check, the employee must sign a repayment agreement for the remaining balance.