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Suspension, Demotion and Termination Policy 415.08

Suspension, Demotion and Termination Policy 415.08
Johnson County Community College
Series: 400 Personnel
Section: Employee Complaints and Discipline

Cross Reference: Suspension, Demotion and Termination Appeal Operating Procedure 416.02

Applicability: This Policy applies to all Johnson County Community College (“JCCC” or the “College”) employees.

Purpose: The purpose of this Policy is to govern employee suspension, demotion and termination.

Statement:

A. 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.

  1. Abolition of position or program.
  1. Activity which could adversely reflect upon the College or impair effectiveness on the job.
  1. Commission of acts which could cause or result in disruption of the operation of classes or other activities at the College or which could endanger the safety of persons or property.
  1. Conviction of a criminal act. (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.)
  1. Dishonesty or falsification of information.
  1. Failure to comply with any College policy, operating procedure, or rules or any laws or regulations.
  1. Failure to comply with reasonable requirements of the job, as may be prescribed from time to time.
  1. Failure to maintain required training, certification or licensing.
  1. Inefficiency or incompetency in the performance of duties.
  1. Insubordination or failure to comply with and carry out reasonable directives of supervisor(s).
  1. Insufficient revenue.
  1. Mental or physical unfitness which renders the employee incapable of satisfactorily performing essential job functions.
  1. Neglect of duty.
  1. Negligent, careless or improper use of College property, resources or funds or unauthorized use of College property, resources or funds for personal use.
  1. Reduction in staff.
  1. Unauthorized absence or excessive absenteeism. Failure to appear for work may be treated as a resignation in accordance with the Resignation Policy 415.07.
  1. Unauthorized conversion of property.
  1. 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; or the failure of an employee to notify the College of any criminal drug statute conviction for a violation occurring in the workplace as required by the Substance Abuse and Alcohol Policy 424.03.
  1. Unprofessional conduct.
  1. Violation of a written contract.

B. 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 or designee, following the guidance of a director over Human Resources, determines that an employee should be demoted or terminated, Human Resources will provide written notification signed by the supervisor or designee to the employee that such a recommendation will be made at an upcoming regular Board meeting or a special Board meeting.

If an employee is recommended for demotion or termination, the notice will include:

  1. The nature of the determination (i.e., demotion or termination).
  1. The reasons for the determination.
  1. Any interim actions, such as administrative leave prior to Board consideration of the recommendation, and the effective date of such action.
  1. An option to review the employee’s personnel file in accordance with the Personnel File Policy 413.00.
  1. The employee’s appeal rights, if applicable. This requirement may be satisfied by citing or including a copy of the relevant policies.

Employees not in a Probationary Period as defined by the Probationary Period Policy 415.06 will receive two (2) weeks’ notice prior to Board consideration of a recommendation for demotion or termination.

However, employees subject to a written contract or to the provisions of K.S.A. 72-2251 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.

C. Notice of Suspension

Employees may be suspended with or without pay if it is necessary to protect the best interests of the College. Whenever the employee’s supervisor or designee, following the guidance of a director over Human Resources, determines that an employee should be suspended, Human Resources will provide the employee written notification signed by the supervisor or designee of the same. An employee may be suspended for a period up to thirty (30) business days.

D. Appeals

Employees may appeal a suspension or recommendation for demotion or termination, upon the following grounds:

  1. Procedural irregularity that affected the outcome of the matter.
  1. New evidence that was not reasonably available at the time the determination was made that affected the outcome of the matter.

Notwithstanding the foregoing, there shall be no right of appeal if:

  1. The employee is suspended with pay.
  1. The employee is a part-time or temporary employee.
  1. The employee is not to be reappointed because of insufficient revenues, abolition of position or program, reduction of program, failure of employee to satisfactorily complete the probationary period, or failure of the employee to maintain certification and/or licensing or provide satisfactory evidence thereof.

Where grounds for appeal exist, the employee must submit a written appeal to the Office of the Vice President of Human Resources in writing within five (5) business days of the date the notice of suspension or recommendation of demotion or termination was delivered to the employee. The written appeal must describe in detail the grounds for appeal. Appeals will be processed in accordance with the Suspension, Demotion and Termination Appeal Operating Procedure 416.02.

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.

Date of Adoption:
Revised: 01/06/1994, 05/15/1997, 05/14/2015, 06/21/2018, 07/15/2021, 03/21/2024