Employee Handbook
XXIII. Employee Termination Procedures31
A. Faculty (On contracts only)
Any employee may be dismissed for good cause before the completion
of the term fixed
in his or her contract.
Before any employee on contract is dismissed, the employee shall
be given reasonable
notice in writing of the proposed action and the grounds, set out
in sufficient detail to
fairly enable him or her to show any error that may exist.
If, upon written notification, the employee desires to be heard and
to contest the proposed
action of the Board, he or she shall give the Board written notice.
The hearing shall be
set on a date that affords the employee reasonable time to prepare
an adequate defense.
The Board may conduct the hearing in open session or in closed session
unless the
employee requests a public hearing, in which case the hearing shall
be open to the public.
At the hearing before the Board, the employee may employ counsel.
The employee also
has the right to hear the evidence upon which the charges are based,
to cross-examine all
adverse witnesses, and to present evidence of innocence or extenuating
circumstances.
Prior to dismissal, the Board shall determine the existence of good
cause for termination.
Such determination shall be based solely on the evidence presented
in the hearing.
The employee may be suspended with pay pending the outcome of the
dismissal hearing.
The Board designates the Director of Human Resources as the person
to whom a faculty
member may present a grievance on an issue related to his or her
dismissal.
Any employee may be dismissed upon written notice during the term
of his/her contract
if one or more of the following reasons constitute good cause for
dismissal:
- Conviction of any criminal law or the commission of any other
offense involving
moral turpitude: and/or
- Insubordination (including refusal or failure to perform
duties assigned) or the use
of profane or abusive language toward fellow employees or students
of the
College: and/or
- Fighting or attempting bodily injury to another on College
property (provided that
an employee should not be penalized for defending himself/herself
from
unprovoked attack): and/or
- Willful or grossly negligent or continuing violation of established
Board policies: and/or
- Offering or receiving money or other valuable consideration
in exchange for
altering student grades, a better job, or any advantage
in working conditions: and/or
- Making fraudulent records: and/or
- Malicious mischief resulting in the damage or destruction
of property of other
employees, students, or the District: and/or
- Bringing firearms, ammunition, explosives or prohibited weapons
on District
property: and/or
- The unlawful manufacture, delivery, possession, sale or use
of a controlled
substances on District property and/or the manufacture,
sale, use, or possession of
alcoholic beverages or other intoxicants on College property:
and/or
- Intimidation or coercion of one employee by another because
of membership or
non-membership in any organization or because of race,
color, religion, national
origin, age, sex, or disability: and/or
- Physical or mental incapacity preventing performance of
the contract of
employment, provided that the employee shall have exhausted
his/her personal
illness benefits, and in accordance with the Rehabilitation
Act: and/or
- Organizing, encouraging or participating in any activity
that forcibly prevents the
operation of the College or the attendance of classes by any
student: and/or
- Theft of District property: and/or
- Other good cause.
B. Letters of Appointment
Employees on letters of appointment are employed for the period specified
in the letter of
appointment with no obligation on the part of the College to continue
employment past
the specified period.
C. Administrative/Administrative Support
Same as Faculty if the administrator/administrative support person
is on contract.
D. Classified32
Non-contractual employees shall serve at will, are not employed for
any specific length
of time, have no property right in their employment and may be dismissed
at will. Nonteaching
classified employees serving without a contract shall be employed from
pay
period to pay period. Dismissed persons shall receive either notice
or salary in an amount
equal to the remainder of the one pay period. This provision shall
not create a contractual
relationship or any expectation of employment other than at will.
E. Burden of Proof33
In dismissal proceedings involving administrative personnel or faculty
on probationary
contract status, the burden of proof shall be on the individual. In
instances where the
dismissal proceedings involve administrative personnel or faculty with
regular contract
status, the burden of proof shall be on the institution.
F. Non-renewal34
Employees' contracts may be non-renewed at the end of their contract
terms. Nonrenewal
shall not be based on an employee's exercise of rights guaranteed by
the
Constitution or be based unlawfully on an employee's race, color, religion,
sex, national
origin, disability, or age.
The employee may request an appearance before the Board providing
that a request for
such appearance is made in writing to the College President within
ten days of the
employee's receipt of the letter of non-renewal. The College President
shall notify the
employee of the date of the appearance and the procedures to be followed.
Notice shall
be given at least ten days prior to the scheduled appearance.
The Board designates the Director of Human Resources as the person
to whom a faculty
member may present a grievance on an issue related to his or her
dismissal.
G. COBRA
If you are an employee of Lee College District covered by any of
the College’s sponsored
health insurance plans, you have a right to choose continuation coverage
if you lose your
group health coverage because of a reduction in your hours of employment
or the
termination of your employment for reasons other than gross misconduct
on your part.
If you are the spouse of an employee covered by any of the College’s
sponsored health
insurance plans, you have the right to choose continuation coverage
for yourself if you
lose group health coverage for any of the following reasons:
- The death of your spouse;
- A termination of your spouse’s employment (for reasons
other than gross
misconduct) or reduction in your spouse’s hours of employment;
- Divorce or legal separation from your spouse; or
- Your spouse becomes eligible for Medicare.
In the case of a dependent child of an employee covered by any
of the sponsored health
insurance plans, he/she has the right to continuation coverage if
the group health
coverage is lost for any of the following reasons:
- The death of a parent;
- The termination of a parent’s employment (for reasons
other than gross misconduct)
or reduction in a parent’s hours of employment with
the Lee College District;
- Parent’s divorce or legal separation;
- A parent becomes eligible for Medicare; or
- The dependent ceases to be a “dependent child” under
the group health plan.
Under COBRA, the employee or a family member has the responsibility
to inform the
Personnel Office of a divorce, legal separation, or a child losing
dependent status under
the group health plan. The Personnel Office has the responsibility
to notify the Employee
Retirement System of Texas (ERS) of the employee’s death, termination
of employment,
or reduction in hours, or Medicare eligibility.
You have 60 days from the date you lose coverage because of one of
the events described
above to inform the Employees Retirement System of Texas that you
want continuation
coverage. If you do not choose continuation coverage, and pay the
applicable premiums,
your health insurance coverage will end.
31 Board Policy DMAA Legal and Local, Issued 1-26-00
32 Board Policy DMC Legal, Issued 12-18-00
33 Board Policy DMAA Local, Issued 1-26-00
34 Board Policy DMAB Local, Issued 1-26-00
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