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Baytown, TX 77520
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Employee Termination Procedures

XXIII.31

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:

      1. Conviction of any criminal law or the commission of any other offense involving moral turpitude: and/or
      2. 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
      3. 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
      4. Willful or grossly negligent or continuing violation of established Board policies: and/or
      5. 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
      6. Making fraudulent records: and/or
      7. Malicious mischief resulting in the damage or destruction of property of other employees, students, or the District: and/or
      8. Bringing firearms, ammunition, explosives or prohibited weapons on District property: and/or
      9. 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
      10. 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
      11. 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
      12. 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
      13. Theft of District property: and/or
      14. 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. Non-teaching 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. Non-renewal 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:

  1. The death of your spouse;
  2. A termination of your spouse’s employment (for reasons other than gross misconduct) or reduction in your spouse’s hours of employment;
  3. Divorce or legal separation from your spouse; or
  4. 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:

  1. The death of a parent;
  2. 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;
  3. Parent’s divorce or legal separation;
  4. A parent becomes eligible for Medicare; or
  5. 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