EL PASO COUNTY COMMUNITY COLLEGE DISTRICT
BOARD POLICY
3.38.01
DISMISSAL OR SUSPENSION OF CONTRACTED FACULTY
A.
Definition
1.
Dismissal, as used in this section, means the termination of a full-time regular faculty member prior to the
end of the contractual period, or of a full-time faculty member who has been granted tenure.
2.
Suspension, as used in this section, means the removal of a full-time regular faculty member 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 of
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 the 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 and substantial degree
the performance of duties or the meeting of responsibilities to the institution, or 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;
7.
Failure to obey District Policies and procedures; or
8.
Bona fide financial exigency or the phasing out of institutional programs requiring reduction of faculty.
When faculty dismissals are contemplated on grounds of financial exigency, or program termination or
Adopted: Dec. 19, 1979 Amended: Jan. 20, 1988
Year of Last Review: 2015
Non-substantive Revision: April 16, 2015
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.
3.38.01 - 1 of 5
reduction, there should be early, careful, and meaningful sharing of information and views with appropriate
faculty representatives on the emergency of the need to terminate programs. Recommendations from such
faculty representatives should be sought on alternatives available to the institution to ensure continuation of a
strong academic program and to minimize the losses sustained by affected students and faculty members.
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
full-time tenured faculty and for other full-time faculty 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.
Upon review of the recommendation for action from a subordinate 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 faculty member 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 faculty.
2.
Request for Hearing - Upon receipt of the charges, the charged faculty member 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
Adopted: Dec. 19, 1979
Amended: Jan. 20, 1988
Non-substantive Revision: April 16, 2015
3.38.01 - 2 of 5
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
the hearing panel shall be determined by the President of the College. The Chairperson of the 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 of 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 panel is appointed, its members shall be selected and their names forwarded to the faculty member 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 the
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.
5.
Hearing - Within seven (7) days of 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
panel is appointed, its members shall be selected and their names forwarded to the faculty member 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 faculty member
in question shall be the parties to the hearing. The hearing will be closed to the public unless the faculty
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 faculty member by the greater weight of the credible evidence presented at the hearing.
Both parties shall be afforded an opportunity to review documentary 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.
Adopted: Dec. 19, 1979
Amended: Jan. 20, 1988
Non-substantive Revision: April 16, 2015
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
3.38.01 - 3 of 5
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 will 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. 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.
6.
Appeal - If the faculty 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 faculty member 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.
D.
Financial Exigency and Phasing Out Of Programs
Cases of bona fide financial exigency, or the phasing out of institutional programs requiring reduction of faculty
permit exceptions to tenure and discipline Policies.
1.
Faculty involved in such adjustments in emergency situations should be given opportunities for appointment
in related areas provided:
a.
They are qualified professionally to teach or work in such areas, and
b.
Such positions are available.
Adopted: Dec. 19, 1979
Amended: Jan. 20, 1988
Non-substantive Revision: April 16, 2015
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
3.38.01 - 4 of 5
2.
Any faculty member whose tenured or term appointment has not expired and who, on the basis of a bona fide
financial exigency or the phasing out of an institutional program which, in either case, necessitates a
reduction in staff, is selected for termination, shall be entitled to a hearing before the President of the College
or his or her designated hearing officer or panel in accordance with the preceding procedures. However,
those procedures shall be amended in such cases by shifting the burden of proof to the faculty member to
show by a preponderance of the evidence that his or her termination was based on a constitutionally
impermissible reason or was arbitrary or unreasonable.
3.
Any faculty member involved in such a readjustment process has the right to reappointment to his or her
previous position if it is reestablished within two (2) years.
Adopted: Dec. 19, 1979
Amended: Jan. 20, 1988
Non-substantive Revision: April 16, 2015
3.38.01 - 5 of 5
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.