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229.0 VII-8.10-POLICY ON SPECIAL ACTION APPEALS FOR CLASSIFIED EMPLOYEES
(Approved by the Board of Regents, February 28, 1992)
I. Filing of Appeals
A special appeal process shall be available to any
classified employee against whom certain personnel
actions have been taken which include charges for
removal, disciplinary suspensions, involuntary
demotions and rejection on probation. All special
action appeals shall be filed with the Institution
Director of Human Resources/Personnel or designee. The
Institution Director of Human Resources/Personnel or
designee shall review the appeal and determine its
proper disposition.
II. Types of Appeals
A. Charges for Removal
1. An employee who is notified of charges for
removal may request an opportunity to present
a defense within 5 working days from the date
on which the employee receives the charges
for removal, as evidenced by the return
receipt or other evidence of delivery of the
charges to the employee. An appeal of
charges for removal shall be referred by the
Institution Director of Human
Resources/Personnel or designee to the
Institution Chief Executive Officer or
designee (hereinafter referred to as CEO or
designee). The Institution CEO or designee
shall, within 30 working days, if possible,
investigate the charges and give the employee
an opportunity to be heard. Testimony shall
be taken under oath and both parties shall
have the right of representation by counsel
and the right to present witnesses and give
evidence.
2. Within 15 working days following the
conclusion of the hearing, a written decision
shall be rendered to the employee.
3. In case no hearing is requested by the
employee within the prescribed time, the
Institution Director of Human
Resources/Personnel or designee shall act
upon the charges or order such other actions
as may be indicated by the findings in the
case.
4. If a hearing is requested within 5 working
days and the removal is upheld, Step 3 of the
grievance procedure, as provided in the
Policy on Grievances for Classified Employees
and Associate Staff, is available to the
removed employee. The appeal shall be
submitted within 10 working days after
receipt of the written institution decision.
B. Preliminary Hearing on Suspensions Pending Removal
1. If an employee is suspended without pay pending
charges for removal, the Institution Director of
Human Resources/Personnel or designee shall notify
the employee in writing of the reasons for the
suspension at the time of the notice of the
suspension.
2. An employee who is suspended pending charges for
removal may, within 5 working days from the date
on which the employee receives the notification of
suspension, request in writing through the
Institution Director of Human Resources/Personnel
or designee that the Institution CEO or designee
conduct a preliminary hearing to determine whether
or not the employee may continue to work with pay
during the disposition of the charges. The date
the notification of suspension is received shall
be evidenced by a return receipt or other proof of
delivery of notification to the employee.
3. The Institution CEO or designee shall conduct a
preliminary hearing within 5 working days after
the Institution Director of Human
Resources/Personnel or designee receives in
writing the request from the suspended employee
for the preliminary hearing.
4. The preliminary hearing shall be limited to the
issues of:
a. Whether suspension without pay is necessary
to protect the interests of the institution,
the University of Maryland System or the
employee pending final disposition of the
charges; and
b. Whether other employment and status
alternatives should be considered.
5. At the preliminary hearing, the employee may:
a. Rebut the reasons given for the suspension;
b. Allege mitigating circumstances; and
c. Offer alternatives to the suspension
including
(1) return to the position with pay;
(2) transfer to another position with pay;
or
(3) suspension with pay.
6. Within 5 working days after the preliminary
hearing is completed, the Institution CEO or
designee shall render a written decision that is
conclusive as to the issue of whether or not the
employee may continue to work with pay pending the
disposition of the charges.
C. Involuntary Demotions
1. An employee who is notified of demotion may,
within 5 working days of written notification,
file a written answer with the Institution
Director of Human Resources/Personnel or designee
and request an investigation of the demotion.
2. Within 20 working days, if possible, after receipt
of the request, the Institution CEO or designee
shall investigate the demotion and give the
employee the opportunity to be heard. Within 15
working days following the conclusion of the
investigation, the written decision shall be
rendered to the employee.
3. If an investigation is requested within 5 working
days and the demotion is upheld, Step 3 of the
grievance procedure, as provided in the Policy on
Grievances for Classified Employees and Associate
Staff, is available to the employee. The appeal
shall be submitted within 10 working days after
receipt of the written Institution decision.
D. Rejection on Probation
1. Rejection on Original Probation
a. An employee who is rejected on original
probation may within 5 working days of the
rejection, file a written request with the
Institution Director of Human
Resources/Personnel or designee for a hearing
at Step 2 of the grievance procedure, as
provided in the Policy on Grievances for
Classified Employees and Associate Staff.
The appeal is limited to the procedural and
legal basis for the rejection. Rejection for
cause is not required in the case of an
employee rejected on original probation.
b. Within 20 working days, if possible, after
receipt of the request, the Institution CEO
or designee shall conduct a hearing. Within
15 working days following the conclusion of
the hearing, a written decision shall be
rendered to the employee.
c. If the rejection is upheld, Step 3 of the
grievance procedure is available. The appeal
shall be submitted within 10 working days
after receipt of the written institution
decision.
2. Rejection on Status Change Probation
a. An employee who is rejected on status change
probation as defined in this policy and for
whom no vacancy in the former classification
is available may, within 5 working days of
receipt of the recommendation of the
appointing authority to reject, appeal to the
Institution Director of Human
Resources/Personnel or designee and request
an investigation of the proposed rejection.
b. Within 20 working days, if possible, after
receipt, the Institution CEO or designee
shall complete an investigation of the
recommended rejection. Within 15 working
days following the conclusion of the
investigation, the written decision shall be
rendered to the employee.
c. If the rejection is upheld, Step 3 of the
grievance procedure, as provided in the
Policy on Grievances for Classified Employees
and Associate Staff, is available to the
rejected employee. The appeal shall be
submitted within 10 working days after the
receipt of the written institution decision.
d. The appointing authority bears the
responsibility for preparing the
justification when there is a rejection on
probation of an employee who has
satisfactorily completed an original
probation and is serving a status change
probation, except as defined in this policy.
E. Disciplinary Suspension (Does not apply to
suspension pending charges for removal)
1. Any alleged infraction shall be investigated
by the appointing authority or designee at
the earliest opportunity following knowledge
of the alleged infraction, and the
investigation shall be completed as soon as
possible. All suspensions of employees shall
be implemented within 3 working days of the
alleged infraction or knowledge of the
alleged infraction by the responsible
supervisor or administrator. All suspension
days shall be consecutive.
2. The employee and/or the employee's designated
representative may submit a written appeal on
a disciplinary suspension:
a. Directly to Step 2 of the grievance
procedure (see Policy on Grievances for
Classified Employees and Associate
Staff) within 5 working days of
notification of the suspension, or
b. To Step 1 of the grievance procedure
within 3 working days of notification of
the suspension. In such event, the
Dean, department head, chairperson or
designee must hear the case within 3
working days from the receipt of the
written appeal. Should the appeal be
unheard or unanswered as a result of
management delay, the employee shall be
reinstated with full back pay.
3. Any further appeals must proceed through the
grievance procedure within the prescribed
time limits. If the suspension is upheld by
the Institution CEO or designee, Step 3 of
the grievance procedure is available to the
employee.
IMPLEMENTATION PROCEDURE:
Each Chief Executive Officer shall develop procedures as
necessary and submit a copy to the Chancellor.
DEFINITIONS:
"Original Probation" means a probation period required of
any employee entering the University System by appointment
to a regular position, a current employee appointed to a
position at an institution other than the one at which
employed, or a former employee returning to University
service in a classification other than the one held at the
time of separation or to a department other than the one
where employed at separation.
"Status Change Probation" means a probation period
required of an employee who is appointed to another
position at the same institution as the result of a
promotion, demotion, horizontal change, transfer or
reinstatement, except that a reinstated employee appointed
to a classification or department other than the one held
at separation must serve an original probation and would be
subject to the appeal process for original probation
outlined in D.1. above.
"Working Days" are Monday through Friday regardless of work
schedule, weekend work or mid-week days off.
REFERENCES:
13-1A-01 through 06 of the Education Article, Annotated
Code of Maryland, 1989 Replacement Volume.
Replacement for:
Personnel Policies and Rules for Classified Employees.
Section IX, Grievances and Appeals, Appeals-Special
Actions, Page IX-3.
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