Dismissal of Term of Contract Staff Employees Procedure - 63.12.02
College Policy Number/Title:
The president of Howard Community College may recommend dismissal of a term of contract employee for cause in accordance with federal and state law (refer to policy 63.12, Suspension and Dismissal). This procedure outlined below applies to the dismissal of full-time term of contract staff (administrator, professional/technical, and support group) 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 staff in writing of the recommendation for dismissal and the grounds for dismissal.
In certain cases, and in accordance with suspension procedures, the president or a designee may suspend a staff member prior to or concurrent with the recommendation for dismissal.
Opportunity for Hearing
The written notice of a recommendation for dismissal to the staff member shall include an offer for a hearing before the president. The staff member has five (5) calendar days from the receipt of the notice of dismissal to submit a request for a hearing. At that time, a hearing date is set and the staff member is given at least 10 days notice in advance.
A staff member who does not request a hearing may instead, within five (5) calendar days of the receipt of the notice, submit to the president a written response to the recommendation for dismissal.
If a staff 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.
The Hearing
The president will conduct a hearing in accordance with rules and procedures as may be established, and provide the staff member an opportunity to be heard regarding the recommendation for dismissal.
The staff member is permitted to be represented by counsel of the staff member’s choosing, present documents, and call witnesses. The staff member must give the college notice of the selected counsel and the identity of any witnesses the staff member intends to call at least three (3) calendar days prior to the hearing. The staff member or their counsel has the right to confront and cross examine witnesses.
The proceedings will be audio-recorded by the president, and a copy of the recording will be provided upon request to the staff member and the president. The recording made by the President is the only recording allowed.
Presentation to Board of Trustees
If the president hears the case or reviews a written response and continues to support dismissal, the president shall present the recommendation for dismissal 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 staff 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 staff member and give the staff member the opportunity to submit written argument as to why the board should reject the recommendation for dismissal. The staff member shall have a maximum of 15 calendar days to submit such documentation, which must not be more than 10 pages in length. The staff 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 staff member.
Effective Date: 06/22/22
President's Office Use: CHRO