Suspension, Demotion and Termination Policy 415.08
Series: 400 Personnel
Section: Employee Complaints and Discipline
Applicability: This Policy applies to all JCCC employees.
1. Reasons for Suspension, Demotion and Termination
The College expects professional, courteous and respectful behavior from all of its employees. The following is a non-exhaustive list of valid reasons or causes for suspension, demotion, or termination of any employee, except as otherwise provided herein.
- a. Abolition of position or program.
- b. Activity which could adversely reflect upon the College or impair effectiveness on the job.
- c. Commission of acts which could cause or result in disruption of the operation of classes or other activities at the College.
- d. Conviction of a felony. (If an employee with a felony conviction is employed, and it is revealed at the time of employment and made a matter of record in the employee's personnel file, that conviction shall not constitute a reason for subsequent non-renewal or termination.)
- e. Failure to comply with any College Policy, Operating Procedure, rules or laws/regulations.
- f. Failure to comply with reasonable requirements of the job, as may be prescribed from time to time.
- g. Failure to maintain required training, certification and/or licensing.
- h. Failure to obey and carry out reasonable directives of supervisor(s).
- i. Incompetency.
- j. Inefficiency.
- k. Insufficient revenue.
- l. Mental or physical unfitness which renders the employee incapable of satisfactorily performing essential job functions.
- m. Neglect of duty.
- n. Non-professional conduct.
- o. Reduction in staff.
- p. Refusal to submit to a polygraph test relating to job related duties.
- q. Unauthorized absence or excessive absenteeism. Absence in excess of an employee's accrued paid leave may be considered excessive absenteeism, unless such absence is otherwise authorized.
- r. Unauthorized conversion or use of College property for personal use.
- s. Unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or abuse of alcohol (as defined in the Drug-Free Workplace Act of 1988 and in the Drug-Free Schools and Communities Act Amendments of 1989) by an employee on College property or as part of any college activities; and/or the failure of an employee to notify the College of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (See Policy 424.03, Substance Abuse)
- t. Violation of a written contract.
2. Notice of Demotion or Termination
Unless otherwise specified in a written contract or by law, employment for College employees is at will, and such employees may be demoted or terminated without cause and without any reason being given for such action.
Whenever the employee’s supervisor and a Director over Human Resources determine that an employee should be demoted or terminated, the director over Human Resources will send written notification to the employee that such a recommendation will be made at the next regular Board meeting or a special Board meeting.
If an employee is recommended for demotion or termination, the notice will include:
- a. The date of determination.
- b. The nature of the determination and the effective date.
- c. The reasons for the determination.
- d. The rights of the employee to examine his/her personnel file and examine all written evidence which has a bearing on such determination.
- e. The employee’s appeal rights. (This requirement may be satisfied by including a copy of the relevant personnel policies.)
Employees not in a Probationary Period as defined by the Probationary Period Policy will receive two (2) weeks’ notice of demotion or termination.
However, employees subject to a written contract or to the provisions of K.S.A. 72-5436 et seq. will receive notice of termination, demotion, suspension or non-renewal in accordance with the written contract or the provisions of the law, respectively, to the extent that those provisions are inconsistent with this Policy. The fact that an employee's written contract has been renewed in the past shall not be deemed to create an expectation of continued employment beyond the written contract expiration date, nor shall it create any protected property interest in employment beyond the written contract expiration date.
3. Notice of Suspension
Employees may be suspended with or without pay if it is necessary to protect the best interests of the College. An employee may be suspended by the supervisor and a director over Human Resources for a period up to thirty (30) work days. Suspensions exceeding thirty (30) work days may be imposed by the supervisor and Human Resources, but must be confirmed by the Board of Trustees within 45 days. Suspensions with pay are not appealable. Other suspensions may be appealed in accordance with the applicable appeal procedures.
In the event a suspension is followed by a recommendation that the suspended employee be demoted or terminated, the matter of any appeal of the suspension shall become moot.
Revised: 1/6/1994, 5/15/1997, 5/14/2015