Suspension, Demotion and Termination for Cause - Policy 415.08
Johnson County Community College
Series 400: Personnel
Section 415: General Employment Policies
Employment for all probationary employees, part-time employees and temporary employees is at will, and such employees may be terminated, demoted, suspended, non-renewed or not extended without cause and without any reason being given for such action, and the following provisions of this policy shall not apply. The notice to such persons shall only be required to specify the date of the determination, the nature of the determination and the effective date.
Except as otherwise provided in these policies, employment contracts of employees with contracts that have a definite ending date may be non-renewed or not extended without cause and without any reason or reasons being given for such action, and the following provisions of this policy shall not apply. The notice to such persons shall only be required to specify the date of the determination, the nature of the determination and the effective date. The fact that such an employee's contract has been renewed in the past shall not be deemed to create an expectation of continued employment beyond the contract expiration date, nor shall it create any protected property interest in employment beyond the contract expiration date.
Except as otherwise provided in these policies, if, during the term of a contract, it is determined that an employee having a contract with a definite ending date should be suspended, demoted or terminated, the provisions of this policy shall apply.
1. Causes for Suspension, Demotion, and Termination for Cause
The following are valid reasons or causes for suspension, for demotion, and for termination for cause of any employee, except as otherwise provided herein. The following are listed as examples, and are not intended to be an exhaustive list of all possible causes for disciplinary action.
- a. Abolition of position or program.
- b. 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.)
- c. Commission of acts which could cause or result in disruption of the operation of classes or other activities at the college.
- d. Failure to maintain required certification and/or licensing.
- e. Activity which could adversely reflect upon the college or impair effectiveness on the job.
- f. Incompetency.
- g. Inefficiency.
- h. Insufficient revenue.
- i. Mental or physical unfitness which renders the employee incapable of satisfactorily performing essential job functions.
- j. Non-professional conduct.
- k. Reduction in staff.
- l. 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.
- m. Unauthorized conversion or use of college property for personal use.
- n. Violation of contract terms.
- o. Failure to comply with reasonable requirements of the Board of Trustees, as may be prescribed from time to time, to show normal improvement and evidence of continued professional training.
- p. Failure to obey and carry out reasonable directives of immediate supervisor.
- q. Neglect of duty.
- r. Refusal to submit to a polygraph test relating to job related duties.
- s. The 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. Failure to comply with college's Equipment/Property Check Out Policy.
- u. Failure to comply with any college policy as approved by the Board of Trustees, or with any division or departmental policies, rules or regulations.
- v. Harassment of a student or employee as defined in Policy 420.01, Prohibition of Discrimination, Harassment or Retaliation.
2. Written Notification of Termination or Demotion
Whenever the president determines that the employment status of an employee covered by this policy should be terminated or such employee should be demoted, the president 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. No termination or demotion shall be effective until the president's recommendation is acted on favorably by the board.
The notice shall specify grounds and conditions and include:
- a. The date of determination.
- b. The nature of the determination and the effective date.
- c. The reasons for the determination as stated in 1. above.
- 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 rights of the employee to appeal the recommendation of the president to the board. (This requirement may be satisfied by including a copy of the personnel policies.)
An employee may be suspended with or without pay by the president or his/her designee or the Board of Trustees if, in the judgment of the president or the board, the suspension is necessary to protect the best interests of the college. Presidential suspensions with pay are not appealable. Appeals of suspensions shall be in accordance with the procedures spelled out herein. The president or his/her designee may suspend an employee for a period up to thirty (30) working days with or without pay. Suspensions exceeding thirty (30) working days may be made by the president on a contingent basis, subject to confirmation by the Board of Trustees within the first thirty (30) working days of the suspension period.
In the event a suspension is followed by a recommendation by the president that the suspended employee be demoted or terminated, the matter of any appeal of the suspension shall become moot.
Date of Adoption:
Revised: 1/6/94, 5/15/97