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.