EL PASO COUNTY COMMUNITY COLLEGE DISTRICT
BOARD POLICY
3.36.01
DISMISSAL OR SUSPENSION OF CONTRACTED ADMINISTRATIVE,
PROFESSIONAL SUPPORT, AND CLASSIFIED STAFF
A
Definition
1.
Dismissal - As used in this section means the termination of a full-time regular Administrative, Professional
Support, or Classified Staff employee prior to the end of the contractual period. Dismissal Policy for Faculty
is contained in Policy 3.38.01.
2.
Suspension - As used in this section means the removal of a full-time regular Administrative, Professional
Support or Classified Staff employee from all pay and duties for a period of time less than the time remaining
on such employee's contract.
3.
In computing any period of time allowed by this Policy, the day of the event from which the designated
period of time begins to run shall not be included. The last day of the period so computed shall be included,
unless it is a Saturday, a Sunday, or a College legal holiday, in which event the period runs until the end or
the next day which is not a Saturday, a Sunday, or a College legal holiday.
B.
Adequate Cause - Adequate cause for dismissal or suspension may include but shall not be limited to the following:
1.
Professional incompetence;
2.
Continuing or repeated substantial neglect of professional responsibilities;
3.
Moral turpitude adversely affecting the performance of duties or meeting of responsibilities to the
institution, or to students or associates;
4.
Mental or physical disablement of a continuing nature adversely affecting to a material or substantial degree
the performance or duties or the meeting of responsibilities to the institution, or to associates;
5.
Unprofessional conduct adversely affecting to a material and substantial degree, the performance of duties or
the meeting of responsibilities to the institution, or to students or associates;
6.
Insubordination; or
7.
Failure to obey District Policies and procedures.
Adopted: Sep. 16, 1978 Amended: June 15, 1988
Year of Last Review: 2015
Non-substantive Revision: April 16, 2015
3.36.01 - 1 of 4
Designated Contact: Associate Vice President of Employee Relations
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
C.
Discipline Procedures - Due process as set forth in this statement embodies a course of professional proceedings
in line with rules and principles generally recognized in college communities. In the El Paso County Community
College District, such procedures shall have the following components for non-faculty staff within their contract term:
1.
Charges - If a supervisor decides to recommend dismissal or suspension, he or she shall formulate, in writing,
a reasonably detailed statement of the recommended charges constituting alleged adequate cause for
dismissal or suspension. The statement will be forwarded, through channels, to the appropriate Vice
President or to the President of the College for supervisors who report directly to the President. Upon review
of the recommendation for action from supervisor, or upon his or her own initiative, the appropriate Vice
President or the President of the College may decide to lodge dismissal or suspension charges. If the Vice
President decides to proceed with dismissal or suspension charges, they will be forwarded, if appropriate, to
the President of the College, through the Associate Vice President of Employee Relations. If the President of
the College decides to proceed with dismissal or suspension charges, they will be forwarded directly to the
Associate Vice President of Employee Relations for processing. The President will provide a copy of the
statement of charges to the employee in question, together with notice that he or she may request a hearing.
The President of the College may, at any time, dismiss charges brought against such employee.
2.
Request for Hearing - Upon receipt of the charges, the charged employee shall have seven (7) days in which
to request a hearing on the charges. If such a request is not made, the President of the College may decide if
the recommendation for dismissal or suspension should be approved. If the President so decides, he or she
shall forward his or her recommendation to the Board of Trustees for their approval. If a hearing is
requested, such request shall be in writing, shall include a response to the charges and shall be delivered to
the President of the College.
3.
Hearing Officer or Body - Except in cases where charges are brought directly by the President of the College,
he or she may act as the hearing officer for the charges. Otherwise, or if he or she does not desire to act as
hearing officer, the President shall appoint an impartial hearing officer or panel. The size and composition of
the hearing panel shall be determined by the President of the College. The Chairperson of this panel shall be
appointed by the President of the College and shall rule on all procedural and evidentiary matters brought
before the panel.
4.
Hearing - Within seven (7) days or receipt of a request for hearing, the President of the College shall decide
if he or she shall hear the charges personally or shall appoint a hearing officer or panel. If a hearing officer or
Adopted: Sep. 16, 1978
Amended: June 15, 1988
Non-substantive Revision: April 16, 2015
3.36.01 - 2 of 4
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
panel is appointed, its members shall be selected and their names forwarded to the employee in question. The
charges and response shall be forwarded to the hearing officer or members of the hearing panel at the time of
their appointment.
The President of the College shall designate a date for the hearing at the time of appointment of the
hearing officer or panel or at the time of the decision to hear the charges himself or herself. Such date for
hearing shall afford both parties at least ten (10) days but not more than twenty (20) days notice. The hearing
shall be conducted at a location designated by the President of the College.
The College, through the designated representative of the charging officer, and the staff member in
question shall be the parties to the hearing. The hearing will be closed to the public unless the staff member
in question requests that it be open.
Both parties have the right to be represented in the hearing by counsel. The College shall have the
burden of going forward with the evidence and proving the charges against the employee by the greater
weight of the credible evidence presented at the hearing.
Both parties shall be afforded an opportunity to review documentation evidence and a list of
witnesses (with a statement of the expected testimony of each) at least five (5) days in advance of the
hearing. Each party shall have the right to offer evidence and testimony at the hearing and to cross-examine
witnesses. All testimony shall be sworn. The hearing shall not be bound by strict conformity with court rules
and practices. However, the elementary and fundamental principles of judicial inquiry shall be observed. This
means the introduction of only trustworthy evidence, as such is generally understood under our system of
government and jurisprudence. A certified court reporter shall be retained by the College to make a record of
the hearing. Each party shall pay the expense of any transcript that it requests.
If the hearing is conducted by a hearing officer or panel, it shall, within ten (10) days after the close
of the hearing, prepare and transmit to the President of the College a proposal for decision together with the
original transcript of the evidence. Such proposal for decision shall include - findings of fact, conclusions and
recommendations, and shall be adopted by a simple majority of such panel.
Within seven (7) days of receipt of the hearing officer's or panel's report for decision, the President
of the College shall consider the evidence and the findings, conclusions, and recommendations and shall
render and transmit to the parties a decision based on the record made before the hearing officer or panel.
Adopted: Sep. 16, 1978
Amended: June 15, 1988
Non-substantive Revision: April 16, 2015
3.36.01 - 3 of 4
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
If the hearing is held directly by the President of the College, he or she shall consider the evidence
and within fifteen (15) days after the close of the hearing render and transmit to the parties his or her findings
of fact, conclusions, and decision.
5.
Appeal - if the staff member is dissatisfied with the final order of the President of the College, he or she may
appeal to the Board of Trustees within seven (7) days of receipt of the final order. The Board of Trustees
shall render a decision based on the record made at the hearing within thirty (30) days of receipt of notice of
appeal. Briefs and oral argument may be received by the Board but no new evidence will be heard. The
Board may affirm, reverse, amend or remand the order appealed. The decision of the Board shall be rendered
and transmitted to the employee and President of the College. If no appeal is sought, the recommendation of
the President of the College, as contained in his or her decision, shall be forwarded to the Board for approval.
Adopted: Sep. 16, 1978
Amended: June 15, 1988
Non-substantive Revision: April 16, 2015
3.36.01 - 4 of 4
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.