Dismissal of Term of Contract Faculty Employees Procedure - 63.12.01
College Policy Number/Title:
The president of Howard Community College may recommend the dismissal of a term of contract employee for cause in accordance with federal and state law (see policy 63.12, Suspension and Dismissal). The procedures outlined below apply to the dismissal of full-time term of contract faculty as defined in procedure 63.03.01, Employment Definitions of the policy 63.03, Employment.
Dismissal Procedures
Presentation of Charges
The president shall notify the term of contract faculty in writing of the recommendation for dismissal and the grounds for dismissal. The written notice of a recommendation for dismissal shall also include an offer for a hearing before a hearing committee. A faculty member who requests a hearing shall notify the president in writing within five (5) calendar days of the receipt of the written notice. A hearing date will subsequently be set with notice to the employee at least 10 calendar days in advance.
A faculty member who does not request a hearing may instead, within five (5) calendar days of receipt of the notice, submit to the president a written response to the recommendation for dismissal.
If a faculty member does not request a hearing and does not choose to present a written response to the president contesting the recommendation for dismissal, the president’s recommendation will be sent to the board of trustees for its approval in accordance with Section 16-104 of the Annotated Code of Maryland - Education Article.
In certain situations, and in accordance with suspension procedures, the president or a designee may suspend the faculty member prior to or concurrent with the recommendation for dismissal.
Hearing Committee
The hearing committee is composed of five (5) members, two faculty chosen by the vice president for academic affairs, one faculty chosen by the faculty forum executive committee, and two administrators chosen by the president. Hearings are a personnel matter and are conducted in closed session.
The Hearing
The hearing committee will conduct a hearing in accordance with rules and procedures as may be established and provide the faculty an opportunity to be heard regarding the recommendation for dismissal. The faculty member is permitted to be represented by counsel of the faculty member’s choosing, present documents, and to call witnesses. The faculty member must give the college notice of the selected counsel and the identity of any witnesses the faculty intends to call at least three (3) calendar days prior to the hearing. The faculty member or their counsel has the right to confront and cross-examine witnesses.
The president or the president’s designee or legal counsel is also permitted to present documents and to call witnesses, and to confront and cross-examine any witnesses called by the faculty member.
Both parties are also permitted the opportunity to present opening and closing remarks.
The proceedings will be audio-recorded by the hearing committee, and a copy of the recording will be provided upon request to all parties, the members of the hearing committee, and the president. The recording made by hearing committee is the only recording allowed.
Following the conclusion of the hearing, and within five (5) calendar days thereof, the committee will make findings of fact and a recommendation to the president as to whether the committee agrees with the recommendation for dismissal or whether it should be modified or withdrawn, with supporting reasons based solely on the information presented at the hearing.
President's Consideration of Committee’s Findings and Recommendation
The president shall review the committee’s findings and recommendation. The president is free to accept or not accept the committee’s findings or recommendation. If the president reviews the hearing committee’s findings and recommendation, or the faculty member’s written response, and continues to support the recommendation for dismissal, the president’s recommendation for dismissal is presented to the board of trustees for its approval in accordance with Section 16-104 of the Annotated Code of Maryland - Education Article. The president shall notify the faculty member of the decision whether or not to proceed with the recommendation for dismissal.
Review by Board of Trustees
Upon receipt of a recommendation for dismissal, the board of trustees shall notify the faculty member and give the faculty member the opportunity to submit a written argument as to why the board should reject the recommendation for dismissal. The faculty member shall have a maximum of 15 calendar days to submit such documentation, which must not be more than 10 pages in length. The faculty member is not permitted to present oral arguments before the board. The board will then decide whether or not to accept and approve the recommendation of dismissal. The final decision of the board is then communicated to the president and the faculty member.
Effective Date: 06/22/22
President's Office Use: CHRO/VPTL