1560.090 FACULTY DISCIPLINE PROCEDURE
To the extent that this procedure addresses terms or provisions covered under the collective bargaining agreement for represented employees of the Association of Higher Education (AHE), the terms of the collective bargaining agreement will control for those represented faculty employees.
All discipline matters will be handled in consultation with the human resources office. Upon request, the faculty member has the right to representation throughout this process including during the college’s initial interview with the employee. Unless the behavior or instance is improper or unprofessional as defined below, the following progressive discipline steps will be followed:
- Oral reprimands.
- Written reprimands (performance improvement plan may be needed).
- Suspensions with or without pay (depending on the individual case).
The college has the authority to impose discipline, which is then subject to the grievance procedure set forth in Article VIII of the faculty collective bargaining agreement. Oral and written reprimands, however, may only be processed through Step 3 of the grievance procedure.
B. SUFFICIENT CAUSE
No faculty member shall be disciplined and/or otherwise adversely affected without sufficient cause. The burden of proof that cause for discipline exists rests with the District. “Sufficient cause” shall include but is not limited to:
- Improper or unprofessional behavior/conduct (any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person’s profession whether the act constitutes a crime or not).
- Refusal to participate in good faith in the remediation process.
- Criminal conduct, gross misconduct or malfeasance.
- Willful violation of lawful directives or established board polices/college administrative procedures.
- Refusal to comply with communicated or established safety and/or security rules, standards or measures.
C. NOTICE TO EMPLOYEES
When the college is contemplating disciplinary action (suspension and/or termination) against an employee, the college will notify the employee and the union. Such notice will include the charges against the employee, an explanation of the evidence that forms the basis for the charge, and the action contemplated. The employee has the right to give reasons orally or in writing why the action should not be taken.
D. RIGHT TO REPRESENTATION
Upon request, any faculty member shall have the right to have an association representative (AR) present at any meeting or conference when being disciplined or at any meeting or conference which might reasonably lead to disciplinary action. When a request for such representation is made, no action shall be taken with respect to the faculty member until such AR is present. It is expected that such a meeting can occur within a reasonable amount of time (normally within 10 business days).
When disciplining an employee, the college will make a reasonable effort to protect the privacy of the employee.
Approved by the president’s cabinet: 8/2/11
Presented to the board of trustees: 10/19/11
Last reviewed: 9/20/19
Procedure contact: Human Resources
Related policies and procedures
None identified at this time