65-200 Revised 5-11-05 BOT 6-29-06, 07-28-13, 09-30-14 SEPARATION POLICY A. Policy. The Board of Trustees recognizes the necessity of the Oglala Lakota College (OLC) to initiate adverse actions which may affect the employment status of institutional personnel. Such actions may be attributable to budgetary constraints resulting in forced reductions or personal improprieties and/or misconduct of OLC staff. While adverse personnel action may be unavoidable in certain instances, the Administration of the Oglala Lakota College will provide every opportunity to faculty/employees to protect their employment status. B. Scope. The procedures contained in this section address employee separation actions relating to suspension, dismissal, and reduction in forces. The procedures defined in this section apply to all classification of employees as defined in this handbook. They do not apply to those employees on temporary appointment. If the employee chooses not to appeal an appealable sanction, the action and sanction shall become final without further proceedings or notice to the employee. An appeal shall not stay or delay the effective date of the sanction specified in the notice of the action. C. Definitions. 1. Forced Reductions. Forced reductions result from the elimination of positions or programs due to major budget constraints. Forced reductions do not constitute negative personnel action, and recall privileges are provided if adequate funding support becomes available. A recall privilege is the privilege of an employee subject to a forced reduction to return to the position held at the time of the forced reduction. CROSS REFERENCE: 65-250 2. Elimination of Positions. Positions maybe eliminated due to budget constraints, or programmatic needs. 3. Dismissals. Dismissals are adverse personnel actions taken for staff improprieties and/or personal misconduct. Dismissal means the termination of all pay and benefits from a given date and forward. CROSS REFERENCE: 65-200 4. Suspension. Forced leave without pay. D. Authority. With the exception of Oglala Lakota Collegeís President, it is the responsibility of the Administration to initiate action on dismissals, non-renewals, suspensions, and reductions in force by giving proper notification to the employee. It is the responsibility of the Board of Trustees for dismissals and non-renewals for Oglala Lakota Collegeís President and Vice-Presidents. E. Grounds for Disciplinary Action and Dismissal Any employee who conducts themselves in a manner that reflects unfavorably upon the reputation of the College may be subject to discipline up to and including immediate termination. Terminations pursuant to this policy may occur without advanced notice and without further pay. Such infractions shall include, but are not limited to, the following table of offenses: Table of Offenses The following table is an illustration of the kinds of offenses and the type of disciplinary action that shall be used for each offense depending on the number of occurrences. The immediate supervisor and/or program director shall evaluate the circumstances before making a decision. The appropriate authority shall insure that the discipline used is done in a consistent manner so as not to discriminate. Kind of Offense 1st 2nd 3rd Occurrence Occurrence Occurrence 1. Malicious Damage Removal of OLC Property 2. Willful Falsification Removal of Records Involving Funds 3. Willful Theft of Removal OLC Property 4. Misappropriation Removal of Fund 65-200 Kind of Offense 1st 2nd 3rd Occurrence Occurrence Occurrence 5. Acceptance or Removal Solicitation of Bribes 6. Fraud Removal 7. Deliberately con- Removal cealing, Removing, Mutilating, Obliterat- ing, or Destroying Records 8. Unauthorized Removal Absence 4 or More Consecutive Days 9. Solicitation and Removal Accepting of a Gift More Than $100 10. Deliberately Falsifying, Written Removal Counterfeiting or Reprimand or Forging Any Form of Removal Transportation Request Or Expense Report 11. Performing Written Removal Personal Service Reprimand During Official or Removal Hours for Financial Gain 12. Misstatement of Written Removal Material Fact in Reprimand Application for or Removal Employment 13. Disclosing Written Removal Confidential Reprimand Information or Removal 65-200 Kind of Offense 1st 2nd 3rd Occurrence Occurrence Occurrence 14. Unduly Disrupts the Written Removal Operations of a Depart- Reprimand ment or the College or Removal 15. Violations of Generally Written Removal Accepted Safety Practices Reprimand Endangering Self or Removal or Others 16. Unauthorized Written Removal Absence more Reprimand Than 8 hrs. & Less than 4 Consecutive Days 17. Solicitation and Written Removal Accepting a Gift Reprimand Less Than $100 18. Insubordination Written Removal or Failure to Reprimand Follow Direction 19. Misuse of Written Removal College Property Reprimand 20. Violating Traffic Written Removal Law While Operating Reprimand College Vehicle 21. Perjury Written Removal Reprimand 22. Violation of any Written Removal College, Department Reprimand or Division Regulation or Order 23. The Threat, Attempt, Written Removal or Use of Personal Reprimand or Political Influence in Securing Promotion, 65-200 Kind of Offense 1st 2nd 3rd Occurrence Occurrence Occurrence ( 23. conít. ) Leave of Absence, Transfer, Change of Pay Rate, or Character in Work 24. The Inducement or Written Removal Attempt to Induce an Reprimand Officer or Employee of the College to Commit an Unlawful Act or To Act in Violation of Any College, Department, Division Regulation or Order. 25. Serious Personal Corrective Written Removal Misconduct Which Interview or Reprimand Brings the Organization Written or Removal Into Disrepute Reprimand 26. Unauthorized Corrective Written Removal Absence 8 hrs. Interview Reprimand Or Less 27. Fraudulent Use of Sick Corrective Written Removal Leave. Interview Reprimand 28. Incompetence, Corrective Written Removal Inefficiency in Interview Reprimand Performing Job Duties 29. Neglect of Duty Corrective Written Removal Interview Reprimand 30. Tardiness Corrective Written Removal Interview Reprimand 65-200 31. Damage to OLC Corrective Written Removal Property through Interview Reprimand Negligence 32. Drug and Alcohol See Substance Abuse Policy Offenses 33. Failure to follow health Suspension /without pay or safety practices of HS (until cleared by child or EHS children resulting protection agency and in a report to a child retroactive pay when cleared by protection agency child protection agency) or removal F. Provisions Concerning Reduction in Forces. The Board recognizes that the college, within these factors, may have no alternative but to curtail or delete certain programs at the same time that other programs are being retained, expanded, or added, depending upon the legitimate educational needs of the community. Programs and services most necessary to meet the needs of community, consistent with the philosophy and mission of the college, are to be of highest priority when reduction in force is being considered. As soon as it becomes apparent that a reduction in force may be necessary, all staff of the college will be notified. Following this, the executive officers shall estimate the number of reductions that can be accommodated by attrition. Additionally, priority will be given to full-time over part-time personnel in those programs affected. Furthermore, staff shall be given the opportunity to move into other areas in the college where there may be vacancies in which they are qualified. Also, staff persons shall be given the opportunity to upgrade themselves into vacant positions, providing that such persons are reasonably qualified to do so, and the college can accommodate such a move. When staff reduction cannot be satisfied by the above methods and the qualifications and abilities of staff in the programs affected are relatively equal, seniority shall be the determining factor, in considering who shall be reduced. The most recently employed staff shall be reduced first and additional reductions shall proceed in that order. G. Employee Requirement When an employee is no longer employed with Oglala Lakota College, their final paycheck will be held until all equipment, reports, and keys have been turned in to the responsible parties. H. Temporary Appointments. Employees on temporary appointment can be released at any time without notice, verbal or written.
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