Termination or Dismissal. Termination of an academic support professional appointment before the end of the specified term of employment may be effected for adequate cause. Dismissal of an annually contracted faculty member and removal from re-employment rosters may be effected for adequate cause other than unsatisfactory performance of teaching/primary duties. [For unsatisfactory performance of teaching/primary duties, see Article 8.1.] (1) Prior to service of a notice of intent to seek termination or dismissal, the University President shall, when practicable, hold at least one meeting with an employee to discuss possible remedial actions by the employee or to discuss settlement of the matter. The Union Chapter President shall be informed of this meeting, and a Union representative may be present at the meeting, with the consent of the employee. If such a meeting is not practicable, the University President shall make at least one good faith attempt to communicate with the employee by registered or certified mail, return receipt requested, addressed to the employee's last known address to offer the employee the opportunity to propose remedial actions by the employee or to discuss settlement. The Chapter President shall be informed of this attempt to communicate with the employee. (2) Prior to such a meeting or attempted communication, the University President shall provide the employee with a written statement of the purpose of the meeting including an identification of the topic(s) to be discussed. (3) Additional meetings or communications to discuss possible remedial actions by the employee or to discuss settlement of the matter may continue until either the University President or the employee notifies the other in writing of her/his belief that further meetings will not be productive. (4) No later than six months from the date of the first meeting or communication under Article 13.2.a.(1) (a time limitation which may be extended by written agreement of the parties) the University President shall provide the employee in writing one of the following: (a) a statement that further action on the matter will not be pursued, and that all references to it will be removed from the employee's personnel file; or (b) a statement that further action on the matter will not be pursued at that time, but that reference to it shall remain in the employee's personnel file; or (c) specifications of any remedial actions to be taken by the employee, the date by which the remedial actions are to be taken, the method to be used to evaluate whether the remedial actions have been successful, and a statement that no notice of termination will be issued before evaluation of the remedial actions; or (d) the terms upon which the matter is to be settled; or (e) a notice of intent to seek termination or dismissal. b. If the University President serves a notice of intent to seek termination or dismissal, the following procedure shall apply: (1) A termination or dismissal proceeding shall be initiated by the University President serving notice of intent to seek termination or dismissal including a statement of reasons for termination or dismissal of the employee by registered or certified mail, return receipt requested, addressed to the employee's last known address with a copy to the Union. Such mailing of the notice or other documents under this Article shall constitute service. (2) An academic support professional served with a notice of termination or an annually contracted faculty member served with a notice of dismissal shall have the right to a formal hearing. Upon the service of a notice of termination or dismissal, the employee has 10 working days to deliver to the University President a written request for a formal hearing. If at the end of the 10 working days no such written request has been received by the University President, no formal hearing shall be required. The hearing panel shall consist of five members selected as follows: The employee and the University President shall each excuse one member of the Unit A Sanctions and Termination Hearing Committee without explanation, with the remaining three members to serve on the hearing panel. The employee and the University President each shall name one additional person from those academic support professionals on two-year retention cycles or annually contracted faculty on primary rosters, to serve on the panel, neither of whom may chair the hearing panel. The five members shall elect the chair of the panel from among the three serving members of the Unit A Sanctions and Termination Hearing Committee. If an employee has requested a hearing and the panel is not selected within 10 working days, then the University President, in consultation with the Chapter President, shall select the members of the panel. (3) An employee served notice of intent to seek termination or dismissal who timely requests a formal hearing in writing shall be served by the University President with a notice of hearing and specific written charges at least 20 working days prior to commencement of the hearing. During the proceedings, the employee will be permitted to have a counselor or an advisor of her/his choice. When practicable, the employee shall be present, but such presence is not required for the proceeding to go forward. (4) The University shall ensure that a verbatim record of the hearing will be taken and a typewritten copy will be provided to the employee. The burden of proof that adequate cause exists rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The employee will be afforded the opportunity to present witnesses and to confront and cross- examine all witnesses. (5) The committee shall make a good faith effort to hold full day hearing sessions, five days per week, on days when the University is in session. The Board will offer appropriate released time to employees serving on the committee. A termination or dismissal hearing shall not exceed 60 working days commencing with the first day of formal hearings. The committee has a right to request of both the University and the employee identifiable documents related to the written charges. The findings and recommendations of the Hearing Committee shall be reduced to writing and served on the employee and the University President within 20 working days after the conclusion of the hearing. If the Hearing Committee concludes that adequate cause has not been established by the evidence in the record, it will so report to the University President. If the University President rejects the report, she/he shall state in writing the reasons for doing so to the Hearing Committee and the employee and provide 14 days for delivery of a written response. If the Hearing Committee concludes that adequate cause for termination or dismissal has been established, it will so recommend in writing, with supporting reasons to the University President. If the Hearing Committee concludes that adequate cause for a sanction less than termination or dismissal has been established, it will so recommend in writing, with supporting reasons, to the University President. (6) The recommendation of the University President, along with that of the Hearing Committee should it not concur with the President, shall be delivered to the Board for final action. (7) If the employee does not request a hearing in accordance with 13.2.b.(2) or if a Hearing Committee fails to provide its findings and recommendations within 20 work days after conclusion of the hearing, the University President shall submit her/his recommendation to the Board for final action. (8) An employee terminated or dismissed for cause shall not be entitled to salary, severance pay, or any other compensation beyond that earned up to the last day of employment. (9) An employee served with notice of termination or dismissal may be suspended or reassigned by the University President with compensation if the University President is of the opinion that the employee's presence in her/his appointed position constitutes a threat of bodily harm or harm to property or might impede University operations. If, following the hearing process described above, it is determined that no actions against the employee will be imposed, the employee will be restored to her/his appointed position. (10) A record of any disciplinary action taken against an employee shall be placed in the employee's official personnel file.
Appears in 8 contracts
Samples: Bargaining Agreement, Unit B Faculty Bargaining Agreement, Collective Bargaining Agreement
Termination or Dismissal. Termination of an academic support professional appointment before the end of the specified term of employment may be effected for adequate cause. Dismissal of an annually contracted faculty member and removal from re-employment rosters may be effected for adequate cause other than unsatisfactory performance of teaching/primary duties. [For unsatisfactory performance of teaching/primary duties, see Article 8.1.]
(1) Prior to service of a notice of intent to seek termination or dismissal, the University President shall, when practicable, hold at least one meeting with an employee to discuss possible remedial actions by the employee or to discuss settlement of the matter. The Union Chapter President shall be informed of this meeting, and a Union representative may be present at the meeting, with the consent of the employee. If such a meeting is not practicable, the University President shall make at least one good faith attempt to communicate with the employee by registered or certified mail, return receipt requested, addressed to the employee's last known address to offer the employee the opportunity to propose remedial actions by the employee or to discuss settlement. The Chapter President shall be informed of this attempt to communicate with the employee.
(2) Prior to such a meeting or attempted communication, the University President shall provide the employee with a written statement of the purpose of the meeting including an identification of the topic(s) to be discussed.
(3) Additional meetings or communications to discuss possible remedial actions by the employee or to discuss settlement of the matter may continue until either the University President or the employee notifies the other in writing of her/his belief that further meetings will not be productive.
(4) No later than six months from the date of the first meeting or communication under Article 13.2.a.(1) (a time limitation which may be extended by written agreement of the parties) the University President shall provide the employee in writing one of the following:
(a) a statement that further action on the matter will not be pursued, and that all references to it will be removed from the employee's personnel file; or
(b) a statement that further action on the matter will not be pursued at that time, but that reference to it shall remain in the employee's personnel file; or
(c) specifications of any remedial actions to be taken by the employee, the date by which the remedial actions are to be taken, the method to be used to evaluate whether the remedial actions have been successful, and a statement that no notice of termination will be issued before evaluation of the remedial actions; or
(d) the terms upon which the matter is to be settled; or
(e) a notice of intent to seek termination or dismissal.
b. If the University President serves a notice of intent to seek termination or dismissal, the following procedure shall apply:
(1) A termination or dismissal proceeding shall be initiated by the University President serving notice of intent to seek termination or dismissal including a statement of reasons for termination or dismissal of the employee by registered or certified mail, return receipt requested, addressed to the employee's last known address with a copy to the Union. Such mailing of the notice or other documents under this Article shall constitute service.
(2) An academic support professional served with a notice of termination or an annually contracted faculty member served with a notice of dismissal shall have the right to a formal hearing. Upon the service of a notice of termination or dismissal, the employee has 10 working days to deliver to the University President a written request for a formal hearing. If at the end of the 10 working days no such written request has been received by the University President, no formal hearing shall be required. The hearing panel shall consist of five members selected as follows: The employee and the University President shall each excuse one member of the Unit A Sanctions and Termination Hearing Committee without explanation, with the remaining three members to serve on the hearing panel. The employee and the University President each shall name one additional person from those academic support professionals on two-year retention cycles or annually contracted faculty on primary rosters, to serve on the panel, neither of whom may chair the hearing panel. The five members shall elect the chair of the panel from among the three serving members of the Unit A Sanctions and Termination Hearing Committee. If an employee has requested a hearing and the panel is not selected within 10 working days, then the University President, in consultation with the Chapter President, shall select the members of the panel.
(3) An employee served notice of intent to seek termination or dismissal who timely requests a formal hearing in writing shall be served by the University President with a notice of hearing and specific written charges at least 20 working days prior to commencement of the hearing. During the proceedings, the employee will be permitted to have a counselor or an advisor of her/his choice. When practicable, the employee shall be present, but such presence is not required for the proceeding to go forward.
(4) The University shall ensure that a verbatim record of the hearing will be taken and a typewritten copy will be provided to the employee. The burden of proof that adequate cause exists rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The employee will be afforded the opportunity to present witnesses and to confront and cross- examine all witnesses.
(5) The committee shall make a good faith effort to hold full day hearing sessions, five days per week, on days when the University is in session. The Board will offer appropriate released time to employees serving on the committee. A termination or dismissal hearing shall not exceed 60 working days commencing with the first day of formal hearings. The committee has a right to request of both the University and the employee identifiable documents related to the written charges. The findings and recommendations of the Hearing Committee shall be reduced to writing and served on the employee and the University President within 20 working days after the conclusion of the hearing. If the Hearing Committee concludes that adequate cause has not been established by the evidence in the record, it will so report to the University President. If the University President rejects the report, she/he shall state in writing the reasons for doing so to the Hearing Committee and the employee and provide 14 days for delivery of a written response. If the Hearing Committee concludes that adequate cause for termination or dismissal has been established, it will so recommend in writing, with supporting reasons to the University President. If the Hearing Committee concludes that adequate cause for a sanction less than termination or dismissal has been established, it will so recommend in writing, with supporting reasons, to the University President.
(6) The recommendation of the University President, along with that of the Hearing Committee should it not concur with the President, shall be delivered to the Board for final action.
(7) If the employee does not request a hearing in accordance with 13.2.b.(2) or if a Hearing Committee fails to provide its findings and recommendations within 20 work days after conclusion of the hearing, the University President shall submit her/his recommendation to the Board for final action.
(8) An employee terminated or dismissed for cause shall not be entitled to salary, severance pay, or any other compensation beyond that earned up to the last day of employment.
(9) An employee served with notice of termination or dismissal may be suspended or reassigned by the University President with compensation if the University President is of the opinion that the employee's presence in her/his appointed position constitutes a threat of bodily harm or harm to property or might impede University operations. If, following the hearing process described above, it is determined that no actions against the employee will be imposed, the employee will be restored to her/his appointed position.
(10) A record of any disciplinary action taken against an employee shall be placed in the employee's official personnel file.academic
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Termination or Dismissal. Termination of an academic support professional appointment before the end of the specified term of employment may be effected for adequate cause. Dismissal of an annually contracted faculty member and removal from re-employment rosters may be effected for adequate cause other than unsatisfactory performance of teaching/primary duties. [For unsatisfactory performance of teaching/primary duties, see Article 8.1.]
(1) Prior to service of a notice of intent to seek termination or dismissal, the University President shall, when practicable, hold at least one meeting with an employee to discuss possible remedial actions by the employee or to discuss settlement of the matter. The Union Chapter President shall be informed of this meeting, and a Union representative may be present at the meeting, with the consent of the employee. If such a meeting is not practicable, practicable the University President shall make at least one good faith attempt to communicate with the employee by registered or certified mail, return receipt requested, addressed to the employee's last known address to offer the employee the opportunity to propose remedial actions by the employee or to discuss settlement. The Chapter President shall be informed of this attempt to communicate with the employee.
(2) Prior to such a meeting or attempted communication, the University President shall provide the employee with a written statement of the purpose of the meeting including an identification of the topic(s) to be discussed.
(3) Additional meetings or communications to discuss possible remedial actions by the employee or to discuss settlement of the matter may continue until either the University President or the employee notifies the other in writing of her/his belief that further meetings will not be productive.
(4) No later than six months from the date of the first meeting or communication under Article 13.2.a.(1) (a time limitation which may be extended by written agreement of the parties) the University President shall provide the employee in writing one of the following:
(a) a statement that further action on the matter will not be pursued, and that all references to it will be removed from the employee's personnel file; or
(b) a statement that further action on the matter will not be pursued at that time, but that reference to it shall remain in the employee's personnel file; or
(c) specifications of any remedial actions to be taken by the employee, the date by which the remedial actions are to be taken, the method to be used to evaluate whether the remedial actions have been successful, and a statement that no notice of termination will be issued before evaluation of the remedial actions; or
(d) the terms upon which the matter is to be settled; or
(e) a notice of intent to seek termination or dismissal.
b. If the University President serves a notice of intent to seek termination or dismissal, the following procedure shall apply:
(1) A termination or dismissal proceeding shall be initiated by the University President serving notice of intent to seek termination or dismissal including a statement of reasons for termination or dismissal of the employee by registered or certified mail, return receipt requested, addressed to the employee's last known address with a copy to the Union. Such mailing of the notice or other documents under this Article shall constitute service.
(2) An academic support professional served with a notice of termination or an annually contracted faculty member served with a notice of dismissal shall have the right to a formal hearing. Upon the service of a notice of termination or dismissal, the employee has 10 working days to deliver to the University President a written request for a formal hearing. If at the end of the 10 working days no such written request has been received by the University President, no formal hearing shall be required. The hearing panel shall consist of five members selected as follows: The employee and the University President shall each excuse one member of the Unit A Sanctions and Termination Hearing Committee without explanation, with the remaining three members to serve on the hearing panel. The employee and the University President each shall name one additional person from those academic support professionals on two-year retention cycles or annually contracted faculty on primary rosters, to serve on the panel, neither of whom may chair the hearing panel. The five members shall elect the chair of the panel from among the three serving members of the Unit A Sanctions and Termination Hearing Committee. If an employee has requested a hearing and the panel is not selected within 10 working days, then the University President, in consultation with the Chapter President, shall select the members of the panel.
(3) An employee served notice of intent to seek termination or dismissal who timely requests a formal hearing in writing shall be served by the University President with a notice of hearing and specific written charges at least 20 working days prior to commencement of the hearing. During the proceedings, the employee will be permitted to have a counselor or an advisor of her/his choice. When practicable, the employee shall be present, but such presence is not required for the proceeding to go forward.
(4) The University shall ensure that a verbatim record of the hearing will be taken and a typewritten copy will be provided to the employee. The burden of proof that adequate cause exists rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The employee will be afforded the opportunity to present witnesses and to confront and cross- examine all witnesses.
(5) The committee shall make a good faith effort to hold full day hearing sessions, five days per week, on days when the University is in session. The Board will offer appropriate released time to employees serving on the committee. A termination or dismissal hearing shall not exceed 60 working days commencing with the first day of formal hearings. The committee has a right to request of both the University and the employee identifiable documents related to the written charges. The findings and recommendations of the Hearing Committee shall be reduced to writing and served on the employee and the University President within 20 working days after the conclusion of the hearing. If the Hearing Committee concludes that adequate cause has not been established by the evidence in the record, it will so report to the University President. If the University President rejects the report, she/he shall state in writing the reasons for doing so to the Hearing Committee and the employee and provide 14 days for delivery of a written response. If the Hearing Committee concludes that adequate cause for termination or dismissal has been established, it will so recommend in writing, with supporting reasons to the University President. If the Hearing Committee concludes that adequate cause for a sanction less than termination or dismissal has been established, it will so recommend in writing, with supporting reasons, to the University President.
(6) The recommendation of the University President, along with that of the Hearing Committee should it not concur with the President, shall be delivered to the Board for final action.
(7) If the employee does not request a hearing in accordance with 13.2.b.(2) or if a Hearing Committee fails to provide its findings and recommendations within 20 work days after conclusion of the hearing, the University President shall submit her/his recommendation to the Board for final action.
(8) An employee terminated or dismissed for cause shall not be entitled to salary, severance pay, or any other compensation beyond that earned up to the last day of employment.
(9) An employee served with notice of termination or dismissal may be suspended or reassigned by the University President with compensation if the University President is of the opinion that the employee's presence in her/his appointed position constitutes a threat of bodily harm or harm to property or might impede University operations. If, following the hearing process described above, it is determined that no actions against the employee will be imposed, the employee will be restored to her/his appointed position.
(10) A record of any disciplinary action taken against an employee shall be placed in the employee's official personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
