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

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                                                                                       65-200
                                                                              Revised 5-11-05
                                          BOT 6-29-06, 07-28-13, 09-30-14, 08-10-15, 11-19-15

                            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.  
4.	Suspension.  Forced leave without pay.


D.	Authority.
With the exception of Oglala Lakota College’s President, it is the responsibility of the 
employee’s immediate supervisor to initiate action on dismissals, non –renewals, 
suspensions, and reductions in force by giving proper notification to the employee in 
writing within five (5) working days of the incident.  

It is the responsibility of the Board of Trustees for dismissals, suspensions, non-renewals 
and reductions in force for Oglala Lakota College’s 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. con’t. )
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
    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


Refer to OLC Policy 65-250 “Reduction in Force (Policy)”


F.      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. Cross Reference 65-200-1

G.	Temporary Appointments.

Employees on temporary appointment can be released at any time without notice, 
verbal or written.



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