PPM 65-200 Separation (Termination) (Policy) on www.olc.edu

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                                                                              Revised 5-11-05
                                                                        BOT 6-29-06, 07-28-13

                                 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 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

3.  Willful Theft of 	           Removal
    OLC Property

4.  Misappropriation	           Removal
    of Fund

   Kind of Offense	            1st 	              2nd 	             3rd 
	                         Occurrence	           Occurrence	          Occurrence

5.   Acceptance or	          Removal
     Solicitation of 

6.   Fraud	                  Removal

7.   Deliberately con-	          Removal
     cealing, Removing,
     Mutilating, Obliterat-
     ing, or Destroying

8.  Unauthorized	          Removal
    Absence 4 or
    More Consecutive

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

13. Disclosing	                Written	                     Removal
    Confidential	        Reprimand
    Information	                or Removal

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

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, 

   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 	


31. Damage to OLC	        Corrective	             Written                    Removal
    Property through	        Interview	             Reprimand

32. Drug and Alcohol	        See Substance Abuse Policy

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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