Suspension, Demotion and Termination Appeal - Hearing Policy 416.03

Johnson County Community College
Series: 400 Personnel
Section: Employee Complaints and Discipline

1. Time of Hearing

Upon receipt of the notice of appeal, the Board of Trustees shall forthwith fix a date for hearing by it or a hearing officer which shall not be less than twenty (20) calendar days from receipt of appeal.

2. Rights of the Employee Pending the Hearing

After the notice of appeal has been filed, the employee or the employee's counsel shall have the right to:

  • a. Examine the employee's personnel file during regular college business hours and obtain copies, at the employee's expense, of any portion thereof relating to the disposition of the appeal.
  • b. Obtain, upon written request, a list of witnesses which will be used by the administration at the hearing. This witness list may be expanded at the hearing.
  • c. Obtain, upon written request, a list of all documents and written evidence which will be presented at the hearing and, if specifically requested, obtain copies, at the employee's expense, thereof. This document list may be expanded at the hearing.
  • d. Obtain, upon written request, a continuance of said hearing for a period of not more than ten (10) calendar days from the date of the original setting unless the president agrees in writing to a longer period of time.

3. Rights of the Administration Pending Hearing

  • a. Obtain, upon written request, a list of the witnesses which will be used by the employee at the hearing. This witness list may be expanded at the hearing.
  • b. Obtain, upon written request, a list of all documents and written evidence which will be used by the employee at the hearing and upon request obtain copies, at college expense, thereof. This document list may be expanded at the hearing.
  • c. Obtain a continuance of not more than ten (10) calendar days from the date originally set for the hearing unless a longer period is agreed to by the employee.

4. Rights of the Employee During Hearing

  • a. To have an electronic transcript of the hearing; and if the transcription is reduced to writing by the employee, it will be at the employee's expense and the administration will be entitled to a copy, at college expense.
  • b. To have an orderly hearing conducted by either the hearing officer or not less than a quorum of the Board of Trustees. The matter of whether the hearing is before a hearing officer or the board is entirely at the board's discretion which discretion is not appealable.
  • c. To be present in person and be represented by counsel chosen and paid by the employee.
  • d. To hear and cross-examine the witnesses present and to read and examine all written evidence, including affidavits of absent witnesses.
  • e. To give relevant testimony.
  • f. To present other witnesses in order to give relevant testimony and to introduce relevant written evidence, including affidavits of absent witnesses.

5. Rights of the Administration During Hearing

During the course of any hearing, the administration shall be entitled:

  • a. To have an electronic transcript of the hearing; and if the transcription is reduced to writing by the administration, the employee shall receive a copy, at the employee's expense.
  • b. To be represented by counsel at the college's expense.
  • c. To present witnesses in order to give relevant testimony and to introduce relevant written evidence, including affidavit of absent witnesses.
  • d. To hear and cross-examine witnesses, and to read and examine all written evidence, including affidavits of absent witnesses.

6. Continuances

Once the hearing has been commenced, the Board of Trustees or the hearing officer may, and upon application of the administration or the employee or upon its or his/her own motion, continue the hearing until a later date which shall not be more than ten (10) calendar days from the date on which the original hearing commenced, unless good cause is shown by administration or employee for a longer period of time or the board or hearing officer determines a longer time is necessary.

7. Hearing Procedures

The Board of Trustees shall have the discretion to formulate rules for each appeal in order to facilitate an orderly hearing of the appeal. In making such rules, the board shall consider the nature of the appeal and the other provisions set forth in this policy.

8. Decision of the Board of Trustees

Upon completion of the hearing, if it is held by a hearing officer, the hearing officer shall make his/her report or recommendations or findings either orally or in writing within thirty (30) calendar days from the completion of hearing to the Board of Trustees. If the hearing is to the board and no hearing officer is appointed, or a hearing officer is appointed, then either upon close of the board hearing or upon presentation of hearing officer's reports or findings or recommendations, the board will render its decision on the appeal within thirty (30) calendar days thereafter unless such time is extended by the board. A copy of such decision shall be mailed to the employee at his/her last known address. The decision by the Board of Trustees shall be final.


Date of Adoption:
Revised: