IV.F. Employee Rights and Privileges

IV.F.1. Expense and Travel Reimbursement

IV.F.1.01 - Expense Reimbursement

The Vice Chancellor for Business Services and Chief Financial Officer ("CFO") will prepare and distribute procedures to enable employees to be reimbursed, or to receive advances for reasonable and necessary travel expenses (including the cost of transportation, meals, registration and lodging) provided such travel is:

  1. approved in advance by the appropriate administrator as necessary and important to achieve System business objectives;
  2. supported by the appropriate budget; and
  3. documented by appropriate receipts supporting the business purpose and actual expenses.

IV.F.1.02 - Personal Automobile

Employees who are required to use personal automobiles for travel directly related to System business shall be reimbursed for such travel on a mileage basis. The rate of such reimbursement shall be determined annually.

All employees who use their own or rented vehicles while conducting college business must maintain minimum insurance coverage as required by the statutes of the State of Texas.

If any employee's own vehicle or rented car is lost or damaged by fire, theft or collision while on college-related business, the cost of repair must be covered by the owner's/driver's insurance.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.F.2. Professional Development and Qualified Tuition Reduction Program/Educational Assistance Program

IV.F.2.01 - Required Development

The System will provide support for development and training, renewal of professional licenses, professional association memberships, and continuing education requirements established for specific positions. Specific position requirements will be determined by the Chancellor or his or her designee.

The System will provide time off and course/training costs for job specific required training for all employees. This includes, but is not limited to orientation, legal compliance issues, systems training, process training and other position-specific training.

IV.F.2.02 - Professional Development Activities

Professional development includes activities and opportunities that enhance the skills, knowledge and abilities required in the employee's current position, or prepare the employee for a career path position in his/her area. All professional development costs must be pre-approved by the supervisor, and within the budget of the department.

An employee may request Professional Development Leave to attend professional conferences, workshops, seminars, training courses, or meetings. The employee's supervisor must approve Professional Development Leave. These pre-approved leaves are considered excused absences that do not count against sick, vacation, or compensatory time.

An employee may request reimbursement and/or an advance for expenses related to professional development activities, including registration fees, travel, meals, and lodging in accordance with System travel policies and procedures. The employee's supervisor must approve professional development expenses.

IV.F.2.03 - Membership Organization

Memberships in professional or academic associations or organizations will be reimbursed, with supervisor approval, up to $25 per year per employee. The System cannot reimburse dues paid to unions or organizations that engage in lobbying or political activities.

IV.F.2.04 - Waiver of Tuition and Required Fees

The Internal Revenue Code allows certain educational institutions, included LSCS, to provide its employees a tax free qualified tuition reduction.Additionally, the Internal Revenue Code allows an employer t provide limited tax free tuition assistance for required fees as part of a qualified educational assistance program.2

The System encourages employees to further their educational, professional and vocational development. Therefore, the System will waive the tuition and required fees up to six (6) credit hours per term (maximum of eighteen (18) credit hours per academic year) for eligible employees for allowable LSCS courses taken in accordance with this policy.  Subject to space availability, the System will also waive the tuition and required fees for all continuing education courses for eligible employees for allowable LSCS courses taken in accordance with this policy.  Total tuition and fees waived are subject to the limit below.  The Chancellor may develop procedures for appropriate implementation of this policy.

IV.F.2.05 - Eligibility for a Waiver of Tuition and Required Fees

All full-time employees are eligible for reimbursement of tuition and fees.

Part-time employees who are regularly employed with the System and who have completed twelve months of continuous employment are eligible. Employment is considered "continuous" if the employee receives a paycheck in each of twenty-four (24) consecutive pay periods. Adjunct faculty who have taught at least six consecutive spring and fall semesters will be eligible for tuition and fee reimbursement.

IV.F.2.06 - Conditions for Tuition Waiver

The System will waive 100% of tuition and required fees for each credit course or continuing education courses taken at LSCS if all the following requirements are met:

  1. Courses are scheduled outside the employee's working hours;
  2. A tuition waiver form is submitted to and verified by the employee's supervisor and validated and approved by both the Campus and System Offices of Human Resources;
  3. The total tuition and fees waived does not exceed $5,250.00 per calendar year;3

The System will require repayment of all tuition and fees waived for any of the following reasons:

  1. The employee fails to complete an approved course;
  2. The employee does not earn a C or better for an approved credit course;
  3. The employee does not submit a copy of a certificate of completion for an approved continuing education course; or
  4. The employee resigns or is terminated with or without cause before completing an approved course.

The System will not require repayment of all tuition and fees waived for any of the following reasons:

  1. A mandatory military obligation requires the employee to leave the Houston area or be unavailable to attend;
  2. A change in employment schedule or responsibility made by and for the System's benefit;
  3. A serious illness that prevents the employee from completing the course work, provided the employee submits medical documentation justifying the withdrawal; or
  4. The employee is terminated due to reductions in force, reorganization or other reasons not related to employee performance or conduct, before completing an approved course.

LSCS Policy Manual Section adopted by the Board of Trustees on April 3, 2014

1 26 USC section 117(d).
2 26 USC section 127.
3 26 USC section 127(a)(2).

IV.F.3. Wellness Program

IV.F.3.01 - Purpose

The Wellness Program at LSCS is designed to encourage employees to practice simple, positive lifestyle habits that increase quality of life, productivity, and longevity. Wellness incorporates such aspects as adequate fitness, proper nutrition, stress management, disease prevention, the value of spirituality, personal safety, smoking cessation, regular physical exams and screenings, health education and awareness, and environmental support. There is now strong scientific evidence linking wellness program participation with improved health, decreased medical costs, and increased job productivity.

IV.F.3.02 - Release Time

Employees who engage in a minimum of three hours of exercise or community service each week will receive up to one and one-half hours release time from their duties to participate in such activities.

The Chancellor shall develop procedures that allow the maximum number of employees to participate without a reduction in institutional productivity.

LSCS Policy Manual Section adopted by the Board of Trustees on August 5, 2010

IV.F.4. Unlawful Discrimination and Prohibited Harassment Policy

IV.F.4.01 - Policy

It is the policy of the Lone Star College System (“System”) to maintain a work and academic environment that is in compliance with Board Policy IV.4.14 referenced below and is free of sexual discrimination, which shall include sexual harassment, sexual violence and discriminatory actions based on race, color, gender, age, sexual orientation, religion, ethnic or national origin, disability, veterans’ status, or any other protected status. Unlawful employment discrimination and sexual discrimination by officers, managers, faculty, supervisors, employees, students, advisors, vendors, clientele, and contractors will not be tolerated.

Any retaliation against an individual who has complained about sexual discrimination, sexual harassment, sexual violece or unlawful discrimination, or the retaliation against individuals for cooperating with an investigation of a complaint regarding any of the above, is similarly unlawful and will not be tolerated.

Unlawful sexual harassment and sexual violence that occurs off LSCS property but s deemed to have an influence on the safety of any cmpus or individual on campus is a violation of this policy.

Persons who violate this policy will be subject to disciplinary action up to and including termination of employment, expulsion and/or termination of the contractual relationship.

IV.F.4.02 - Definition of Unlawful Discrimination, Sexual Discrimination and Sexual Violence

Unlawful discrimination is strictly prohibited by the System and will not be tolerated. Treating an employee or student differently in the terms or conditions of his or her employment or education on the basis of the employee’s or student’s race, color, gender, age, sexual orientation, religion, ethnic or national origin, disability, veterans’ status, or any other protected status constitutes unlawful discrimination.

Sexual discrimination, including sexual harassment is illegal under both federal and Texas state law and is strictly prohibited by the System. Unwelcome sexual advances, requests for sexual favors and other physical or verbal conduct of a sexual nature, including sexual violence, constitute sexual discrimination when:

  1. Submission to such advances, requests or conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement or participation in System programs or activities, or is used as a basis for employment or academic decisions affecting the individual; or
  2. Rejection of such advances, requests or conduct affects a term or condition of an individual’s employment or academic advancement or participation in System programs or activities, or is used as a basis for employment or academic decisions affecting the individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work, academic performance, education, or participation in System programs or activities, or of creating an intimidating, hostile, work or academic environment.

Sexual violence is illegal under both federal and Texas state law and is strictly prohibited by the System.  Sexual Violence means any physical sexual act perpetrated against a person's will or where a person is incapable of giving consent. 

IV.F.4.03 - Conduct which May Constitute Unlawful Sexual Harassment

Sexual harassment does not refer to words or actions of a welcome nature. It refers to behavior that is not welcome and occurs in a variety of situations that share a common element: the inappropriate introduction of sexual activities or comments into the work or academic environment. Harassing conduct need not be motivated by sexual desire in order to constitute unlawful sexual harassment.

Sexual harassment often involves relationships of unequal power. Such situations may contain elements of coercion, such as when compliance with requests for sexual favors becomes a condition for granting privileges or favorable treatment on the job or in the classroom. However, sexual harassment may also involve relationships among persons of equal authority or power, such as when repeated unwelcome advances or demeaning verbal comments by a co-worker towards another co-worker unreasonably interferes with a person’s ability to perform his or her work. Sexual harassment can also involve behavior directed to and/or by students of the System, as well as employees and non-employees of the System, in short all members of the community may become harassers or victims of harassment.

Depending upon the circumstances and how they impact the workplace or academic environment, examples of sexual harassment include but are not limited to such conduct as the following:

  1. verbal abuse, insults, jokes, comments or innuendo of a sexual nature that include lewd, obscene or sexually suggestive displays or remarks;
  2. physical contact, such as touching, hugging, kissing, patting, or pinching, that is uninvited and unwanted by the other person;
  3. the requests or demands for sexual favors accompanied by implicit or explicit promised rewards or threats concerning an individual’s employment status or educational status;
  4. repeated unwelcome social invitations, sexual flirtations, advances, propositions or unwanted requests for sexual favors;
  5. threatened, attempted, or completed physical sexual assault;
  6. indecent exposure;
  7. romantic involvement (even if consensual) between supervisors and subordinates that impacts the workplace and/or other individuals in areas such as assignments, advancements and benefits; or
  8. romantic involvement (even if consensual) between supervisors and students they supervise that impacts the academic environment and/or other students in areas such as assignments, grades and academic benefits.

IV.F.4.04 - Conduct which may Constitute Unlawful Sexual Violence

Sexual Violence shall include but not be limited to rape, sexual assault, sexual bribery, and sexual coercion.

IV.F.4.05 - Conduct which may Constitute Unlawful Discrimination

Depending upon the circumstances and how they impact the workplace or academic environment, examples of unlawful discrimination could include the above-referenced examples concerning sexual harassment, as well as the following types of conduct:

1. Making decisions about a person’s employment, compensation or education based upon his or her race, color, gender, age, sexual orientation, religion, ethnic or national origin, disability, veterans’ status, or any other protected status;

2. Verbal abuse, offensive innuendo or derogatory words, concerning a person’s race, color, gender, age, sexual orientation, religion, ethnic or national origin, disability, veterans’ status, or any other protected status;

3. An open display of objects or pictures designed to create a hostile working/learning environment based on a person’s race, color, gender, age, sexual orientation, religion, ethnic or national origin, disability, veterans' status, or any other protected status.

IV.F.4.06 - Employee, Faculty and Student Responsibilities

Each employee, faculty member, administrator and student of the System is personally responsible for ensuring that his or her conduct does not sexually harass or unlawfully discriminate against anyone in the workplace. Each employee, faculty member, administrator and student is responsible for cooperating in any investigation of alleged sexual harassment or unlawful discrimination if requested to do so by the person conducting the investigation.

Any person who observes an incident that may constitute sexual harassment or unlawful discrimination or who otherwise becomes aware of such an incident should immediately notify the System Equal Employment Officer (“EEO”). See Section F.04.11 below.  The System EEO shall notify the System General Counsel and Chief Legal Officer, or his/her designee, of the incident and substance of the complaint.

Any person who observes or is victim to an incident that may constitute sexual harassment, sexual violence or other unlawful discrimination based on sex should immediately notify the System Title IX Coordinator.

IV.F.4.07 - Educational Setting

In the educational setting within the System, there exists latitude for a faculty member’s professional judgment in determining the appropriate content and presentation of academic material. Academic curriculum and pedagogical goals that serve legitimate and reasonable educational purposes do not, in and of themselves, constitute sexual harassment or other unlawful discrimination. Those participating in the educational setting bear a responsibility to balance their professional academic responsibilities and academic freedoms with a consideration of the reasonable sensitivities of other participants.

Nothing contained in this policy shall be construed to limit the legitimate and reasonable academic responsibilities and academic freedoms of the System’s professional educators.

IV.F.4.08 - Addressing Complaints of Sexual Harassment, Sexual Violence and Unlawful Discrimination

When the System receives any formal complaint of sexual harassment or sexual violence it will promptly investigate the allegation. The System will make every effort to proceed in such a way as to maintain confidentiality to the extent practicable under the circumstances. If it is determined that inappropriate conduct has occurred the System will act promptly to eliminate the offending conduct, and where appropriate impose disciplinary action.

A prompt and impartial investigation of the complaint is conducted by the System EEO or by his/her designee.  The System EEO shall also be the Title IX Coordinator for purposes of complaints of sexual discrimination, sexual harassment and sexual violence.  This investigation will consist of (but will not necessarily be limited to) interviews of the individual who made the complaint, of the person or persons against whom the complaint was made and of other individuals who may have witnessed the reported incident or incidents in order to determine by the preponderance of the evidence (more likely than not) whether sexual harassment or sexual violence occurred.

During and upon completion of the investigation, the System EEO shall consult with the System General Counsel and Chief Legal Officer or his or her designee; and upon completion of the investigation will meet individually with the individual who made the complaint and the individual or individuals against whom the complaint was made, to report the results of the investigation and, where a remedy is determined to be appropriate, to inform the parties of the steps that will be taken to remedy the situation.

IV.F.4.09 - Disciplinary Action

In the event the investigation reveals that unlawful discrimination has been committed by a student, further action will be taken, including, but not limited to, any and all disciplinary actions set forth in Board Policy VI.F.4.01 - Student Disciplinary Sanctions.

In the event that the investigation reveals that unlawful discrimination, sexual harassment, or sexual violence has been committed by an employee, further action will be taken, including disciplinary action, such as but not limited to reprimand, change in work assignment, loss of privileges, mandatory training or suspension and/or immediate termination as set forth by Board Policy F.13 – Discharge of Employee.  Should the employee challenge the disciplinary action, he or she may grieve the decision under Section F.10 – Review and  Grievance Process.

IV.F.4.10 - Confidentiality

All actions taken to investigate and resolve complaints through this procedure shall be conducted with as much privacy, discretion and confidentiality as possible without compromising the thoroughness and fairness of the investigation. All persons involved are to treat the situation with respect. To conduct a thorough investigation, the System EEO shall discuss the complaint with the System General Counsel and Chief Legal Officer, the witnesses and those persons involved in or affected by the complaint, and those persons necessary to assist in the investigation or to implement appropriate disciplinary actions.

IV.F.4.11 - No retaliation for filing a complaint of sexual harassment or unlawful discrimination

Retaliation against any individual for making a complaint of sexual harassment or of any unlawful discrimination or for assisting in the investigation of such a complaint is illegal and will not be tolerated. Any acts of retaliation will be subject to appropriate disciplinary action, such as but not limited to reprimand, change in work assignment, loss of privileges, mandatory training or suspension and/or immediate termination as set forth by Board Policy F.13- Discharge of Employee.

Inicidents of unlawful retaliation should be referred to the System EEO for investigation.

IV.F.4.12 - System Equal Employment Officer (“EEO”) and Complaints of Sexual Harassment and Unlawful Employment Discrimination

The System EEO shall also function as the Title IX Coordinator and is designated as the person who is charged with investigating complaints of sexual harassment, sexual violence and unlawful discrimination for the System. The System General Counsel and Chief Legal Officer reserves the right to retain an outside investigator at the beginning or at any stage of the investigation to investigate complaints of sexual harassment, sexual violence and/or unlawful discrimination.

IV.F.4.13 - State and Federal Agencies

In addition to the above, students and employees who believe that they may have been subjected to sexual harassment, sexual violence or unlawful discrimination may file a formal complaint with either or both of the government agencies set forth below.

Students who believe they may have been subjected to sexual discrimination including sexual harassment or sexual violence may wish to file a complaint with local law enforcement.  Filing a criminal complaint will not preclude any student from participating in an informal or formal grievance process as required under Title IX.

Using the System’s complaint process does not prohibit an employee from filing a complaint with these agencies.

  1. The United States Equal Employment Opportunity Commission (“EEOC”), Mickey Leland Federal Building, 1919 Smith Street, 6th Floor, Houston, Texas 77002-8049 
  2. The Texas Workforce Commission (“TWFC”), 1117 Trinity St., Room 144T, Austin, TX 78778

IV.F.4.14 - Compliance and Training

The System designates the General Counsel and the System EEO/Title IX Coordinator to coordinate efforts to comply with this policy, and conduct any investigation with the specific requirements contained in but not limited to:

  1. Title IX of the Education Amendments of 1972, as amended, and its implementing regulations;
  2. Section 504 of the Rehabilitation Act, as amended, and its implementing regulations;
  3. The Americans with Disabilities Act, as amended, and its implementing regulations; and
  4. Title VII of the Civil Rights Act, as amended, and its implementing regulations.

The System shall provide training consistent with Texas and/or Federal law to:

  1. New and existing employees regarding the protections accorded to them under federal and state discrimination laws and LSCS's related policies and complaint procedures; and
  2. Supervisory personnel and all employees regarding the System’s non-discrimination obligations, this Policy was for established for handling discrimination and harassment complaints and the supervisor’s obligation to respond promptly and appropriately to alleged discriminatory or harassing conduct in the workplace under their supervisory authority.

Training programs shall be jointly administered and under the direction of the System Chief Human Resources Officer and the System General Counsel and Chief Legal Officer.

LSCS Policy Manual Section adopted by the Board of Trustees on February 2, 2012

IV.F.5. Prohibited Harassment

(Incorporated within Section F.4 above)

LSCS Policy Manual Section adopted by the Board of Trustees on December 2, 2010

IV.F.6. Employee Safety and Health: Hazard Communication

IV.F.6.01 - Employee Safety/Health

The System recognizes the importance of health and safety of its employees, and will provide a safe and healthful environment in which to work. Employees are required to participate in safety programs and to observe all health and safety rules, regulations and instructions established by the System and College.

IV.F.6.02 - Responsibility

All employees are responsible for incorporating safety in their daily activities. All supervisors are responsible for ensuring that each employee is trained and understands his or her particular job and all health and safety requirements.

Each department must meet all applicable rules and standards imposed by law and be responsible for developing a set of safety rules, policies, and regulations that pertain to its particular operations.

All on-the-job illnesses and injuries, property damage and unsafe conditions must be reported to the supervisor immediately.

Each employee required to drive a System vehicle must possess a valid and appropriate license. The supervisor must certify that the employee is capable of operating all motor-powered and self-propelled equipment required in the performance of the employee's work.

Safety and loss control is the responsibility of each System employee. The System shall provide health and safety programs including but not limited to facilities inspection, emergency evacuation, hazard classification and environmental protection, in accordance with appropriate state and federal requirements.

IV.F.6.03 - Smoking Prohibited

The System prohibits smoking inside any of its buildings, owned or leased, including offices, classrooms, restrooms, hallways and elevators.

Each campus or facility owned or controlled by LSCS will post no-smoking signs at each public entrance and at other strategic locations.

Each campus or facility owned or controlled by LSCS will designate smoking areas not closer than within twenty-five (25) feet of the entrances to the buildings.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.F.7. Performance Evaluations

IV.F.7.01 - Professional and Support Staff

In order to assist with the measurement of past contribution over a given time period, and provide feedback to improve performance, each supervisor shall conduct and document an evaluation review with each full-time employee. The evaluation discussion shall focus on the employee's success in meeting the goals set for the evaluation period, documenting factual achievements, difficulties, and setting goals relevant to the position.

IV.F.7.02 - Performance Evaluation Intervals

Each employee shall be provided a first performance evaluation within six (6) months of commencing employment with the System. Thereafter, the non faculty employee shall receive an annual performance evaluation.

IV.F.7.03 - Review of Performance Evaluation

The evaluator for each employee shall be that employee's immediate supervisor, and each performance evaluation shall be forwarded to the second level supervisor (department head, division manager, dean, LEO, etc.) for approval, before being placed in the employee's official personnel file.

IV.F.7.04 - Performance Evaluation Criteria

The evaluation form will assess the employee's performance by measuring specific objective criteria, and will also include a space for the supervisor's narrative regarding the employee's efforts, interest and performance during the evaluation period. The evaluation process shall be marked by fairness and objectivity, and each evaluating supervisor shall provide each employee an honest and unbiased assessment of his or her performance, including aspects of strength, areas in need of improvement, and goals for the upcoming evaluation period. The employee is to be considered an integral part of the evaluation process. As such, the supervisor shall schedule a performance review with each employee during the evaluation period to discuss the supervisor's evaluation. This review affords the employee an opportunity to discuss the strengths and shortcomings reflected in the evaluation. Employee feedback is encouraged at that time.

IV.F.7.05 - Employee Review Conference

The evaluation form includes a space for the employee to write a brief statement or response, at the employee's election. At the end of the evaluation conference, the evaluation form shall be signed by the employee and the supervisor, as evidence of the performance review conference. A copy of the signed evaluation form shall be given to the employee, a copy may be kept by the supervisor, and a copy is to be placed in the employee's official personnel file.

IV.F.7.06 - Faculty Assessment

According to established procedures, each member of the faculty shall prepare and review with their dean or manager a self-evaluation of his or her performance, effectiveness and goals as they relate to the responsibilities and priorities of the program or department. Since instruction is the primary responsibility of teaching faculty, the assessment will focus on instruction, curriculum development, and continuing professional development, along with the other components of faculty responsibility: institutional service and community service. Non teaching faculty will be assessed with a focus on their job responsibilities.

IV.F.7.07 - Purpose of the Faculty Assessment

The specific purposes of the faculty evaluation process are to:

  1. Gather information to be used by each faculty member for his or her professional development;
  2. Improve communication between faculty and manager in the area of performance;
  3. Encourage faculty members whose performance is exemplary, and provide guidance and assistance to faculty members whose performance needs improvement; and
  4. Collect information to be used in employment/contract status decisions.

IV.F.7.08 - Administrative Staff

Each administrator shall participate with his/her supervisor in a performance and self-appraisal plan each year. The appraisal process shall be self-evaluative in nature. The supervisor's responsibility shall be to critique and react to the performance ratings submitted by the employee. The System will periodically solicit feedback from the faculty and other employees regarding their experience with various administrators, for purposes of encouraging more effective self-evaluation and professional development planning.

IV.F.7.09 - Administrative Review of Evaluation

Any employee may request an administrative review of his or her evaluation if he or she disagrees with the content of the evaluation, or believes that it was conducted in a manner that violates this policy.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.F.8. Change in Contract Status

IV.F.8.01 - Definition

Change in contract status means a recommendation and decision by the College Dean (in the case of faculty), respective College Vice President or System Vice Chancellor (in the case of professional or administrative staff) or College Vice President of Administration and Finance (in the case of non professional staff) to:

  1. in the case of faculty or administrator on a multi-year contract, the return to an annual contract.
  2. in the case of a faculty member on an annual contract who is eligible to receive a multi-year contract, the continuation of an annual contract.

LSCS Policy Manual Section adopted by the Board of Trustees on December 2, 2010

IV.F.8.02 - Notice

Contractual employees are subject to change of status and/or non-renewal by the Board upon the recommendation of the College or System official referenced within Section F.8.01;  through the College President or System Vice Chancellor to the Chancellor at the end of the contract period, if in their judgment, the interests of the College will be served thereby provided, that notice of intention to change status and/or non-renewal shall be given by the Chancellor on or before March 1 preceding the end of the employment term fixed in the current contract.

In the event of failure to give such notice of intention within the time specified above, the Board shall thereby elect to employ the contractual employee in the same capacity for the succeeding school year. This process is not valid in the event that the Board of Trustees takes action for a reduction in force.

LSCS Policy Manual Section adopted by the Board of Trustees on December 2, 2010

IV.F.8.03 - Change of Status Grievance Rights

In the event that a contractual employee receives notification from the Chancellor or his or her designee to recommend a change of status, the employee has the right to grieve their change of status under Section F.10.09.

LSCS Policy Manual Section adopted by the Board of Trustees on December 2, 2010

IV.F.9. Resignation by Contract Employee

IV.F.9.01 - Resignation

Any contractual employee may relinquish his or her position, and leave the employment of the System at the end of the contract term, without penalty, so long as the letter of resignation is submitted prior to August 1 of the academic year in which the employee resigns. A letter of resignation is submitted as of the date of mailing, if sent to the Chancellor by United States certified mail, with sufficient postage.

The employee may resign with the consent of the Board at any time mutually agreeable.

The Chancellor shall have authority to accept resignations. Exceptions to the deadline requirement may be granted in extenuating circumstances.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.F.10. Review and Grievance Process

IV.F.10.01 - Policy

It is the policy of the System to provide a work environment that encourages an open atmosphere where problems or concerns are addressed promptly by supervisors and managers. This policy provides a process for employees to present problems and concerns pertaining to wages, hours of employment, or conditions of work arising out of his or her employment.  It is the intent of the System to abide by the laws of the State of Texas, including but not limited to Texas Government Code Chapter 617 and supporting opinions from the Attorney General of the State of Texas pertaining to the grievance rights of employees whether contractual or non-contractual.  Therefore, the System, at its discretion, may modify its policy as necessary to comply with applicable state and federal laws.

For purposes of this section, “grievance” means a written complaint arising from the employment relationship that includes the employee’s recommendation for a resolution of the complaint identified as a grievance.

IV.F.10.02 - Non-Retaliation Policy

The System prohibits reprisal or retaliation against an employee who brings a concern or voices a grievance under this policy. Unless specified by the grieving employee, no record or reference of the employee’s grievance under this policy shall appear in his or her personnel file.

IV.F.10.03 - Scope and Definition

The Chief Human Resources Officer (or his/her designee), with the advice, consent and approval of the General Counsel (or his/her designee), is responsible for determining whether a grievance falls within the scope of this policy, and shall advise the employee of the proper process to follow. This policy does not alter in any way the employment-at-will status of non-contractual employees and does not create any expectation of continued employment. (See Section 3, Non-Contractual Employees).

This policy applies to employee grievances, except for where another policy governs the subject matter complained of by the employee, such as grievances relating to discrimination on the basis of an individual's race, color, religion, national origin, gender, citizenship, age, disability, veteran status, or sexual orientation which must be made under Section 4, Unlawful Discrimination and Prohibited Harassment Policy.

As referenced within this Section IV F.10

The term “immediate supervisor” shall mean the:

  1. College Dean (in the case of faculty);
  2. The employee’s supervisor (in the case of professional staff, administrative staff or contractual employees as defined in this Section IV F.10); or
  3. Other authorized individual (in the event of non-professional staff). 

The term “second level supervisor” shall mean:

  1. The College Vice President for Instruction (in the case of faculty);
  2. The person supervising the employee’s supervisor (in the case of professional staff, administrative staff or contractual employees as defined in this Section IV F.10); or
  3. The College Vice President for Administration and Finance (in the case of non-professional staff).

The term “working days” shall be defined as Monday through Friday and consistent with Policy Section IV D.1.01.

IV.F.10.04 - Prohibition of Serial Grievances

An employee may not bring separate or serial grievances concerning event(s) that was the subject matter of a previously filed complaint, even if such complaint was brought pursuant to another complaint review process.

IV.F.10.05 - Representation

An employee who files a grievance under this section or an employee who is the subject of a grievance may represent him or herself.  The employee may also choose representation by a representative and/or organization (“Representative”) that does not claim the right to strike. The System shall not bear any costs for the employee’s representation.

In the event the employee chooses a Representative, the employee must provide written notice to the appropriate College Vice President or System Vice Chancellor and to the LSCS General Counsel of such election during the grievance process.  The employee or his or her Representative must provide notice of such representation at least ten (10) working days prior to any meeting, conference, or hearing relating to the employee’s grievance.

The employee and his or her Representative shall not meet during the employee’s working hours when preparing for the employee’s grievance.  The employee and his or her Representative shall not use System resources when preparing for the employee’s grievance.

Contractual employees may elect to use legal representation at his or her post-termination hearing based upon a property interest in the position for the period of time stated in his or her employment contract.

IV.F.10.06 - Open Door Resolution Process

Contractual and non-contractual employees who believe they have a grievance should present the complaint to his or her immediate supervisor.  The quickest and most satisfactory solution will often be reached at this level.  The employee should present the complaint to the immediate supervisor for discussion, consideration and resolution within five (5) working days of the event(s) giving rise to the complaint.  If the discussion with the immediate supervisor does not resolve the matter to an employee’s satisfaction, the employee may initiate the grievance process under Section 10.

If the immediate supervisor is the subject of the complaint, the employee should proceed with the grievance process under this Section 10.

IV.F.10.07 - Non-Contractual Employee Grievance Process

Non-contractual employees are “at-will” employees who are not employed for any specified length of time and have no property right in their continued employment.  Nothing in this Policy Manual shall change the employment at-will status of non-contractual personnel nor shall create any rights to continued employment.  Non-contractual employees may grieve wages, hours of employment, or conditions of work (including termination) arising out of his or her employment except as provided by section F.10.03.

The non-contractual employee grievance process allows the employee to request that the second level supervisor reconsider a decision of the immediate supervisor that affects the employee, and that the employee believes to be unjust or inequitable. This process is available to all non-contractual employees.

IV.F.10.08 - Non-Contractual Employee Grievance Procedure

A request for a non-contractual grievance must be in writing. The written grievance should contain a concise statement that explains the specific complaint, any documentation or witness statements in support of the employee’s grievance, and the employee’s recommendation for achieving a sufficient remedy of the grievance.  To expedite the grievance process, the employee should submit the grievance to the second level supervisor for discussion, consideration, and resolution within ten (10) working days after the date of the employee’s meeting with his or her immediate supervisor.  Additionally, the employee shall send a copy of this grievance to the LSCS Chief Human Resources Officer and to the LSCS General Counsel.

The second level supervisor shall meet with the employee, conduct any investigation that is necessary, and respond to the employee within ten (10) working days of the second level supervisor receiving the grievance. The second level supervisor will communicate to the employee, in writing, the results of the grievance.  The decision of the second level supervisor shall be final.

In the event the employee elects representation, the LSCS General Counsel or his or her designee, may meet with the second level supervisor, the employee, and his or her Representative to assist the second level supervisor in conducting any necessary investigation and may assist the second level supervisor with the grievance process.  Any meeting between the employee and the second level supervisor (and the LSCS General Counsel or his or her designee when applicable) shall be no more than one (1) hour in duration and the employee or the employee’s Representative is allowed at least thirty (30) minutes in which to present the employee’s grievance.

In the event the second level supervisor is the subject of the grievance, the employee should present his or her grievance to the Office of General Counsel who will then designate an individual to manage the grievance of the employee.

IV.F.10.09 - Contractual Employee Grievance Process

A contract of employment with the System creates a property interest in the position for the period of time only as stated in the contract. The contractual employee grievance process is available to grieve wages, hours of employment, or conditions of work arising out of his or her employment except as provided by section F.10.03.  A contractual employee who elects to grieve his or her termination shall use Section F.10.12.

IV.F.10.10 - Contractual Employee Grievance Procedure

A request for a contractual grievance must be in writing. The written grievance should contain a concise statement that explains the specific complaint, any documentation or witness statements in support of the employee’s grievance, and the employee’s recommendation for achieving a sufficient remedy of the grievance.  To expedite the grievance process, the employee must submit the grievance to the second level supervisor for discussion, consideration and resolution within ten (10) workdays from the date of the employee’s meeting with his or her immediate supervisor.  Additionally, the employee must send a copy of this grievance to the LSCS Chief Human Resources Officer and the LSCS General Counsel.

However, if the employee’s immediate supervisor is the subject of the grievance, the employee must present the grievance to the second level supervisor within ten (10) working days from the date of the action, which is the subject of the grievance.

The second level supervisor shall meet with the employee, conduct any investigation the supervisor deems necessary (provided the immediate supervisor is not the subject of the grievance), and respond to the employee within ten (10) workdays of the second level supervisor receiving the grievance. The second level supervisor will communicate to the employee, in writing, the results of the grievance.

In the event the employee elects representation, the LSCS General Counsel or his or her designee, may meet with the second level supervisor, the employee, and his or her Representative, to assist the second level supervisor in conducting any necessary investigation, and may assist the second level supervisor with the grievance process.  Any meeting between the employee and the second level supervisor (and the LSCS General Counsel or designee when applicable) shall be no more than one (1) hour in duration and the employee or the employee’s representative is allowed at least thirty (30) minutes in which to present the employee’s grievance.

In the event the contractual employee disagrees with the second level supervisor’s results, the contractual employee may appeal the results under F.10.11.  However, the contractual employee does not have any appeal rights for the non-renewal of his or her contract for lack of property interest beyond the period of time stated in the contract. 

In the event the second level supervisor is the subject of the grievance, the employee should present his or her grievance to the LSCS General Counsel who will then designate an individual to manage the grievance of the employee.

IV.F.10.11 - Appeal by Contractual Employee

If the contractual employee is not satisfied with the decision from the Contractual Employee Grievance Procedure, the contractual employee may appeal in writing to the Location Executive Officer within fifteen (15) working days of his/her receipt of the ruling from his or her second level supervisor.  The Location Executive Officer (with the assistance of the LSCS General Counsel or designee when the employee elects legal representation) shall review the employee's appeal submission and written documentation of the grievance and, within fifteen (15) working days, shall determine in writing to the employee and the second level supervisor whether to uphold or deny the grievance.  The decision of the Location Executive Officer shall be final.

IV.F.10.12 - Contractual Post-Termination Hearing

A contract of employment with the System creates a property interest in the position for the period of time stated in the contract.  A contractual employee terminated during the term of the contract may appeal his or her termination under this section.  Upon written notice of the contractual employee’s termination from his/her immediate supervisor, the contractual employee has the right to request a hearing.  The contractual employee must file a written request with the Chancellor and the LSCS General Counsel within fifteen (15) working days after the date of notice of his or her termination.  The written request for a hearing must also specify whether the employee elects a Representative.  A contractual employee may elect to use legal representation at his or her post-termination hearing based upon a property interest in the position for the period of time stated in his or her employment contract.

  1. Grievance:  The contractual employee will have an opportunity to present evidence before a hearing committee that the termination is without cause, and/or would violate state or federal law.  The hearing committee shall be comprised of at least three (3) individuals who will be appointed by the Chancellor or the designee of the Chancellor.  The Chancellor or the designee of the Chancellor shall appoint a committee chair to preside at the hearing and ensure the order of presentation as well as prepare the written recommendation reached by the hearing committee.  Individuals serving on the hearing committee are required to disclose any conflict of interest or possible conflict of interest relating to the grievance.
  2. Hearing Date:  The hearing shall take place within thirty (30) working days after the employee files a written request for such hearing with the Chancellor and the LSCS General Counsel.
  3. Hearing Records:  The employee and the employee’s supervisor recommending the termination will submit to the hearing committee (i) a one page statement of position addressing the subject matter of the grievance under this section that shall include the writer’s recommendation for a resolution of the grievance; (ii) if the employee chooses to present witnesses at the post-termination hearing, then the employee may present no more than two (2) individual witnesses during the hearing and (iii) copies of all documentation relied upon and in support of the statement of position.  At least ten (10) working days prior to the hearing, each party shall furnish at least six (6) copies of the hearing records to the hearing committee for distribution.  The hearing committee will review only the hearing records submitted by each party, and upon convening the hearing, invite responses to certain questions in order to reach its decision.
  4. Time Allocation:  Both the employee and the employee’s supervisor recommending the termination will each have at least Thirty (30) minutes to address the hearing committee.  During the 30 minutes, the employee and the employee’s supervisor, or his or her designee, may present their respective positions regarding the grievance, including presentation of witnesses. This process does not provide for any cross-examination of the witnesses, or questioning of the employee and/or employee’s supervisor, or designee, from the other party or their representatives. The hearing committee will have thirty (30) minutes in which to question the parties present at the hearing, including witnesses.
  5. Decision:  Within fifteen (15) working days of the hearing, the hearing committee will recommend in writing to the Chancellor to confirm or revoke the termination.  The hearing committee will issue a copy of the recommendation to the employee.  The Chancellor will review the recommendation (and any or all Hearing Records, if needed) and issue the employee a written determination within fifteen (15) working days.  The decision of the Chancellor shall be final.
  6. Representation:  The employee may choose representation by a Representative that does not claim the right to strike, including a legal representative.  The employee shall bear his or her own costs of any such representation.  The employee must provide written notice to the Chancellor and to the LSCS General Counsel.
  7. Notice of Representation:  The employee or his or her Representative, including the legal representative, must provide at least ten (10) working days notice of such representation prior to any hearing under this section.  The LSCS General Counsel and/or its designee must be present at the hearing and therefore may cause the hearing to be adjourned to a mutually beneficial date so as to attend.
  8. Prohibition of System Resources:  The employee and his or her Representative, including the legal representative, shall not meet during the employee’s working hours when preparing for the employee’s grievance and shall not use System resources when preparing for the employee’s grievance.
  9. Modification: The Chancellor and his or her designee may modify the post termination hearing procedures upon written notice and prior to the Hearing date.

IV.F.10.13 - Timeliness

The time limits, as provided in this policy, are created in order to ensure that issues are raised and addressed promptly. Timelines for the filing of and response to a complaint may be extended by the mutual agreement of the employee and the person responsible for conducting the review. A grievance shall be considered resolved at the completion of any step, if all parties are satisfied or if neither party files a timely appeal to the next step.

Entire LSCS Policy Manual Section F.10 adopted by the Board of Trustees on December 2, 2010

IV.F.11. Corrective Action and Discipline

IV.F.11.01 - Definition

Corrective Action refers to a management approach to solving performance problems by emphasizing solutions to the problem(s), and by the appropriate use of progressive discipline.

IV.F.11.02 - Purpose

The purpose of this policy is to:

  1. Guide supervisors through effective problem-solving, and to enforce System and College policies and procedures;
  2. Help employees overcome work-related shortcomings, and where practicable, strengthen performance; and
  3. Help supervisors identify and terminate an employee who is not performing adequately after appropriate counseling.

Nothing in this policy creates a contract or property right for non-contractual employees, and this policy does not alter in any way the employment-at-will status of non-contractual employees.

IV.F.11.03 - Exceptions to this Policy

These recommended practices are not required to be used prior to placing an employee on paid leave pending the outcome of an investigation or of a medical evaluation. Likewise, these recommended practices are not required prior to taking an action of immediate discharge, if it is called for pursuant to the "Discharge of Employees" Section of Chapter IV. Human Resources, Board Policy Manual.

IV.F.11.04 - Levels of Corrective Action

When it is necessary to use corrective action, the immediate supervisor is responsible for: (a) discussing the issue(s) with the employee; (b) documenting appropriate action; (c) ensuring that the action is, reasonable and explained to the employee; and (d) giving the employee a reasonable amount of time to correct performance.

In most instances, the following steps will be taken to solve performance problems:

  1. a. The initial meeting is between a supervisor and an employee to identify performance problems, and indicate areas of needed improvement. A record of the discussion is created by the manager after it has taken place with documentation of issues and resolutions discussed at meeting. A record of this discussion is given to the employee and a copy maintained by the employee's supervisor.
  2. b. Disciplinary Action: A formal meeting between the supervisor and employee, called by the supervisor to discuss serious performance problems, or lack of improvement from an initial meeting at which the supervisor will:
    1. Identify the problem to be corrected and the performance or conduct standard to be met;
    2. Identify ways in which the employee might correct the problem;
    3. State the consequences if the problem is not corrected; and
    4. Create a written record of the Disciplinary Action after the meeting.

IV.F.11.05 - Corrective Action Procedures

Post meeting documentation of the Disciplinary Action is to be prepared by the supervisor, A copy is provided to the employee and submitted to System OfficeHR.. The employee's signature indicates receipt of the document, but not agreement with the contents. The employee may attach a personal statement to the Disciplinary Action memorandum if submitted within five (5) calendar days of the receipt of the document.

IV.F.11.06 - Discharge

Failure by the employee to correct the identified problem, as required in a Disciplinary Action, is grounds for discharge.

IV.F.11.07 - Decision-Making Leave

Decision-Making Leave is leave granted for the balance of the employee's shift (not to exceed eight scheduled hours of work) for the employee to decide whether to correct performance problems and continue working for the System. This step usually follows a Disciplinary Action meeting at which action to correct an identified problem was required of, and discussed with, the employee.

The purpose of the Decision-Making Leave is to provide an employee with a final opportunity to correct a serious performance or work habit problem.

If the employee returns from the Decision-Making Leave having made the decision to work towards meeting performance standards, the supervisor shall prepare documentation describing the meeting between supervisor and employee and the expectations of changes in the employee's performance. If the employee does not return from leave, or communicates the decision to quit, a similar memorandum should be prepared, summarizing the Decision-Making Leave as part of the discharge procedure. The employee will be considered to have resigned voluntarily.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.F.12. Reduction in Force

IV.F.12.01 - Purpose

The purpose of this policy is to establish a process by which the System will seek and obtain Board approval to eliminate positions in its work force, as a result of changes in the System's financial resources, due to forces outside of the System's control, such as:

  1. Legislative or executive action by the State or Federal government that reduces funds on which the System has based its budget planning;
  2. A significant loss in enrollment or incapacity to charge tuition, resulting from the loss of student financial aid, destruction of System instructional or other facilities by catastrophic weather, acts of terrorism, or other unexpected and catastrophic event; or
  3. Destruction of property in the System that results in a sudden and unexpected decrease in tax revenue.

IV.F.12.02 - Hearing on Proposed Reduction in Force

The Chancellor is responsible for preparing and submitting to the Board of Trustees a proposed Reduction in Force (RIF) stating the reason for the recommendation, the number of employees who will be laid off, the criteria for selection of employees to be laid off, and the proposed time lines for the RIF. The Board of Trustees shall conduct a hearing on the proposed RIF, based on the Chancellor's recommendation. At least one representative of the employee group that will be laid off shall be permitted to address the board regarding a proposed RIF. The Board may establish reasonable time limits for such employee comments.

IV.F.12.03 - Consideration of RIF Affecting Faculty

Prior to recommending a reduction in the full-time faculty, the Chancellor shall consider:

  1. Reduction of teaching contracts from 12-month or 10.5 months to 9 months;
  2. Reassignment of some faculty to other teaching fields, if qualified, and provided that an open position exists;
  3. Reducing the teaching load, and assigning administrative responsibilities, if available, provided that such assignment does not exceed two years;
  4. Transferring some faculty to other locations, provided that a comparable position is available;
  5. Reduction of adjunct faculty;
  6. Reduction of class size, if the average for affected department is above the System average.

IV.F.12.04 - Proposal of RIF Affecting Faculty

Once a reduction in force of faculty is proposed by the Chancellor, a proposal of reduction shall be submitted to each Faculty Senate by the Chancellor with an invitation to each Faculty Senate to submit a written response.

IV.F.12.05 - Notice to Contractual Employees

When it is proposed to lay off contractual employees as a result of a RIF, the Chancellor shall make every reasonable effort, consistent with the need to maintain sound educational programs, and within the limits of available resources, to give twelve months' notice to multi-year contractual employees, and three months notice to one-year employees.

IV.F.12.06 - Re-Employment/Restoration of Benefits - Contractual Employees

The System shall not offer a new contract of employment to a new contractual employee within eighteen months after notification of intent to terminate a contractual employee under this policy, unless the contractual employee who was laid off through a RIF has been notified by certified mail and failed to accept or reject the re-employment offer within fifteen (15) calendar days of notification.

IV.F.12.07 - Contractual Employee Reinstatement

A contractual employee who has been laid off as a result of a RIF, and is re-employed within eighteen months, shall be reinstated as a contract employee.

A contractual employee who is recalled within eighteen months shall have his or her sick leave or personal leave restored at the same amount as were recorded as of the effective date of his or her lay off.

IV.F.12.08 - Request for Review - Contractual Employees

Within ten (10) calendar days after receiving a notice of discharge as a result of the RIF, a contractual employee may request in writing a review of the action by the Board of Trustees. Review will be solely to determine whether the decision to layoff the employee constituted prohibited discrimination or retaliation, or was arbitrary and capricious.

The Board of Trustees shall consider the request, and shall grant a hearing if it determines:

  1. that the request contains a bona fide contention that the decision to layoff the employee constituted prohibited discrimination, retaliation, or arbitrary and capricious conduct; and
  2. that the facts suggested, if established, might support the contention.

A denial of the request finally confirms the decision of discharge/layoff, and the Board shall so notify the employee.

IV.F.12.09 - Review Hearing Procedures - Contractual Employees

If the request for a hearing is granted, a hearing shall be held within thirty (30) days. The employee shall be given at least five (5) days' notice of the hearing.

The hearing shall be held in a closed meeting, with only the members of the Board, the employee, and his or her representative (if any), the Chancellor, and such witnesses as may be called, in attendance. An employee may request that the hearing be held open, but the Board may close the meeting if the employee's presentation will make reference to other employees of the System or as otherwise appropriate under the Texas Open Meetings Act. The Board may consider evidence it considers fair and reliable at the hearing.

After presentations by the employee, the Chancellor, or their representatives, and also by any witnesses called by either side, the Board may deliberate on the matter in executive session, unless the employee requests them to deliberate in public.

The Board shall vote in public session whether to grant or deny the appeal.

IV.F.12.10 - Rights of Non-contractual Employees in a RIF

During a RIF, non-contractual employees will be promptly notified of the proposed layoff so as to allow maximum time for them to seek alternative employment.

Except for employees who are prioritized for layoff in the RIF process due to corrective action or other disciplinary action, an employee who is recommended for layoff as part of a RIF, but is still employed with the System full-time, shall be considered for reassignment to another position in the System, if the employee is qualified to perform the essential functions of such other position. Such full-time employee shall be offered reassignment to the vacant position prior to external advertising of the position. An employee who is given the opportunity for reassignment in lieu of RIF layoff, but declines to accept the vacant position, shall lose the opportunity to be reassigned.

Non-contractual employees who are rehired after losing a full-time position through a RIF within eighteen months of departure will be re-hired with reinstatement of benefits, if permitted by the State of Texas Employee Retirement System and/or the Teacher Retirement System of Texas.

Nothing in this policy creates a contract or property right for non-contractual employees, and this policy does not alter in any way the employment-at-will status of non-contractual employees.

IV.F.12.11 - Continuation of Benefits

The Human Resources Department will provide guidelines to affected employees regarding the details of separation, such as Insurance coverage, pension plan; unemployment compensation, etc.

Employees who are laid off during a RIF will be offered the opportunity to continue their health and dental coverage in accordance with the provisions of Consolidated Omnibus Budget Reconciliation Act (COBRA), by paying the established COBRA premium amounts.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.F.13. Discharge of Employees

IV.F.13.01 - Policy

Any System employee may be discharged by his/her supervisor (subject to the Location Executive Officer  being apprised of, and consented to, the proposed discharge and terms of discharge) for any of, but not limited to, the following reasons which are not intended to be exhaustive and are only listed herein as examples:

  1. Repeated failure to meet established performance standards as put forth in policy F.11;
  2. Failure to comply with official directives or established Board policies;
  3. Violation of the System's criminal background check policy;
  4. Repeated and continued neglect of job responsibilities; or
  5. Failure to comply with the terms and conditions of his/her employment contract.

A non-contractual employee may be discharged with or without reasons and has no due process right of notice and opportunity for a hearing prior to or after a discharge.

The discharge of a contractual employee involves a for cause decision to end the contractual relationship prior to the end of the contract.  The Chancellor and the LSCS General Counsel must be apprised prior to all discharges and the terms thereof relating to contractual employees.

IV.F.13.02 - Discharge for Cause

An employee may be discharged for misconduct, including by way of example (which is non-exhaustive), mistreatment of a subordinate, co-workers, students, misuse of computing or other System resources, or violation of the System's civil rights policies.

Subject to consent of the Location Executive Officer, discharge of an employee shall be on the recommendation of the immediate supervisor as defined within Section F.10.03.  The employee’s immediate supervisor will advise the employee of the current and past misconduct, verbally and in writing, and which form the basis for the employee’s discharge.  The employee’s immediate supervisor should refer to performance issues occurring during the term of the employment relationship for which the employee received notice and the opportunity provided to the employee to correct the problem. Should the employee request in writing, the immediate supervisor shall meet with the employee to discuss the for cause basis for the discharge.  A contractual employee, who is the subject of discharge, will be provided with notice of the reasons for the discharge, set out in sufficient detail to fairly enable him or her to contest the termination during the post-termination hearing under Section F.10.12.

IV.F.13.03 - Immediate Discharge

Any employee may be discharged immediately and without prior warnings, disciplinary action or pre-discharge meeting with his/her supervisor for serious offenses including, but not limited to the following reasons, which are not intended to be exhaustive and are only listed herein as examples:

  1. Serious acts of dishonesty, including misappropriation of System funds, destruction of records to cover up wrongdoing, or misuse of authority;
  2. A violation of the System's drug and alcohol policy;
  3. Violation of the System's criminal background check policy; or
  4. Conduct that jeopardizes the health or safety of System employees, students, or others on System property.

A contractual employee, who is the subject of immediate discharge, will be provided with immediate notice of the reasons for the discharge, set out in sufficient detail to fairly enable him or her to contest their termination during their post-termination hearing under Section F.10.12.

IV.F.13.04 - Suspension with or without Pay

An employee may be suspended from employment without pay, pending further investigation of a matter, including possible official action by outside legal agencies. Should suspension with pay be appropriate, the recommendation must be approved by the Chancellor. There is no time limit for suspension with pay and may be denied at any time by the Chancellor. Suspension with pay should be followed immediately with a thorough investigation of the case to determine the appropriate level of discipline, if any.

During the period of suspension an employee may be required to make himself or herself available for business during normal work hours, and is required to observe System policies, procedures, and standards of conduct.

IV.F.13.05 - Appeal for Contractual Employee

A contractual employee may grieve his or her termination under Section F.10.12.

Entire LSCS Policy Manual Section F.13 adopted by the Board of Trustees on December 2, 2010

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