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Suspension, Demotion and Termination Appeal Operating Procedure 416.02

Suspension, Demotion and Termination Appeal Operating Procedure 416.02
Johnson County Community College
Series: 400 Personnel
Section: Employee Complaints and Discipline

Cross Reference: Suspension, Demotion and Termination Policy 415.08

Applicability: This Operating Procedure applies to appeals filed by Johnson County Community College (“JCCC” or the “College”) employees in accordance with the Suspension, Demotion and Termination Policy 415.08.

Purpose: The purpose of this Operating Procedure is to outline the review process of suspension, demotion and termination appeals made in accordance with the Suspension, Demotion and Termination Policy 415.08.

Procedures:

Reviewing an Appeal:

The Vice President of Human Resources or designee (the “Determining Officer”) may make a determination on the appeal or designate a reviewing officer (who may be external or an employee of the College) (the “Reviewing Officer”), to review the matter and report factual findings to the Determining Officer for a determination on the appeal.

If applicable, the Reviewing Officer will be provided with copies of relevant documentation including the written appeal and the notice of suspension, or recommendation for demotion or termination. The Reviewing Officer will review the documents, interview the appealing party, if necessary, and complete any other interviews (such as with Human Resources personnel or the employee’s supervisor(s)) as may be necessary to factual findings based on a preponderance of the evidence. The Reviewing Officer shall complete the review within fourteen (14) calendar days, at which time, the Reviewing Officer, if not the Vice President or designee, will provide a report of factual findings to the Determining Officer. If additional time is needed to complete this review, the Reviewing Officer shall notify the appealing party and if applicable, the Determining Officer, that the review has been delayed and indicate the reasons for the delay.

Determining an Appeal:

The Determining Officer shall consider any Reviewing Officer report (or in the alternative, make factual findings based on a preponderance of the evidence) and make a determination if the suspension or recommendation for demotion or termination will stand and if additional action is necessary (such as providing reinstatement or back pay). The Determining Officer shall inform the appealing party in writing of the outcome of the review. The decision of the Determining Officer will be final. If the employee’s appeal is not upheld, the recommendation for demotion or termination will be included in the Board packet for approval.

Notices:

When notice is required to be given to the appealing employee under this Operating Procedure, it shall be sufficient if delivered in person, emailed to the employee’s College email (if active) or such other email address designated in writing by the employee for communication related to this matter, or if mailed by certified mail, postage prepaid, to the employee's last known address as recorded in the official personnel records of the employee.

Signature on File in Policy Office

President

Date of Adoption: 04/20/2017 (material incorporated from Form of Appeal Policy 416.02, Hearing Policy 416.03, Reinstatement Compensation Policy 416.04 and Notices Policy 416.05)
Revised: 07/15/2021, 03/21/2024