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, 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

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

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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