B. Dismissal, Demotion or Suspension
Dismissal, demotion, or suspension is initiated by the College when an employee’s Supervisor determines that performance or personal conduct is unsatisfactory.
Any employee who is convicted of the unlawful manufacture, distribution, sale, use, or possession of marijuana, a controlled substance or other illegal or dangerous drug, or who admits guilt of any such offense in a court proceeding, shall be suspended for not less than two months or dismissed after compliance with procedural requirements set forth below. Such employee shall be required as a condition of re-employment following suspension to complete a drug abuse treatment and education program approved by the President of the institution.
The Supervisor must inform the employee in writing, giving the reasons for the action and its effective date. The letter should also tell the employee about the right to appeal to the next higher authority. This appeal must be made before the later of the effective date of the action or five (5) working days. In cases where the action is effective immediately, the employee still has the right to appeal within five (5) working days.
The employee is also entitled to file a grievance according to the procedures outlined in Section IX. “Grievance and Appeals”. The employee must file the grievance or make the appeal within 30 working days after the effective date of the dismissal, demotion or suspension.
If an employee is dismissed or suspended without pay and is later reinstated, back pay will be awarded for that period, at the President’s or his/her appointed representative’s discretion.
If, prior to arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, an employee notifies his or her immediate supervisor that he or she illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse and education program approved by the institution President, such employee shall be retained by the institution for up to one (1) year as long as the employee follows the treatment plan. Retention of such employee shall be conditioned upon satisfactory completion of the program. The employee’s work activities may be restructured if, in the opinion of the immediate supervisor, it is deemed advisable. No statement made by an employee to a supervisor or other person, in order to comply with this policy shall be admissible in any civil, administrative or criminal proceeding as evidence against the employee. The rights herein granted shall be available to a System employee only once during a five-year period and shall not apply to any such employee who has refused to be tested or who has tested positive for a controlled substance, marijuana or a dangerous drug.