Dismissal, Summary - P&S

Effective: Policy moved to Policy Library from P&S Handbook
Contact: Human Resource Services

Introduction

Cause for summary dismissal is conduct seriously prejudicial to the university through deliberate infraction of law, through moral turpitude, or through substantial neglect of duty. Termination of employment by summary dismissal is a serious action that will result following an impartial review that establishes grounds for dismissal. Procedures described in the section on Dismissal Due to Unsatisfactory Performance or in the Grievance Procedure will not apply to summary dismissal; instead the following procedures designed to protect the employee's rights to due process shall apply.

Policy Statement

Initial Request

A request for summary dismissal of a P&S employee can be initiated only by a department chair, by an extension area director, or by a person holding an equivalent or higher ranking position within the university. The initiator must have direct or line supervisory responsibility over the employee.

The request must be in writing and must contain a formal listing of charges and the significant facts concerning the case, including the dates of the events and names of any witnesses.

Request for summary dismissal should be directed to the appropriate dean, director, and/or vice president for consideration. Recommended requests will then be forwarded to the provost who shall review the request to establish that the allegations, if true, are sufficient to support a request for summary dismissal. If the review takes longer than a total of fifteen (15) working days from submission, it is no longer a valid request. The provost will have at least five (5) of the total working days for the review.

If the result of the administrative review is the determination that there are sufficient grounds for summary dismissal, the person requesting the action, in cooperation with the provost, will notify the employee in writing of the proposed action. This written notice will include the charge, a copy of the nonconfidential material submitted for the administrative review, and a statement explaining the employee's right to contest the decision, including applicable deadlines. The employee may contest the proposed summary dismissal within seven working days after receiving notification of the proposed action. An employee who is under review for summary dismissal may be suspended from work if, in the judgment of the provost, continuation on the job until the dismissal proceedings have been completed may be potentially damaging to the university. Any such suspension must be with full pay, and notification must be made in writing.

If the result of the administrative review is the determination that there are not sufficient grounds for summary dismissal, the person requesting the summary dismissal will be notified in writing. The summary dismissal request may never be used to the employee's disadvantage.

Request Appeal

If the employee contests the action, the provost will contact the president of the university and the president of the P&S Council to select members for a formal hearing committee. The hearing committee shall be composed of three members. Two members shall be selected by the president or another university official acting for the president. One of these members will act as the chair of the hearing committee. The third member will be a P&S employee selected by the P&S Council president and approved by the hearing committee chair. The employee under review has the right to object on reasonable grounds to the P&S selected member and to waive his/her right to attend the hearing. No member of the hearing committee will have been part of the administrative review, part of the employee's departmental unit, or have a personal interest in the case. If the employee is legally inaccessible, he/she may select a representative to attend the hearing.

The hearing committee shall consider the formal charges and the employee's reply, and it shall recommend final disposition of the case to the president. If the employee has waived his/her right to a formal hearing or cannot verifiably be found, the recommendation shall be based upon all available information.

The hearing committee shall hold a formal hearing to gather facts concerning the dismissal within ten (10) working days after the employee has requested a hearing. The committee will set its own procedures for the hearing format and may meet with others. The hearing will be recorded verbatim, with the recording held in confidence by the chair of the committee. The employee may choose to have a representative with him/her during the hearing. Hearing meetings should conclude within five (5) working days of the first meeting. However, upon request of the employee, the hearing committee chair may extend the hearing an additional five (5) working days.

Upon completion of the hearing, a written recommendation from the hearing committee shall be given to the president, with copies to the initiator of the action and the employee.

Dismissal

After considering the recommendation of the hearing committee, the president will render a decision and notify the provost, the initiator, and the employee. If the decision is to support the request for summary dismissal, termination of the employee may be effective immediately or at a later time if it is of benefit to the university. The initiator of the summary dismissal will be responsible for carrying out the termination action. If the decision is to disapprove the request for summary dismissal, the summary dismissal request may never be used to the employee's disadvantage.

Dismissal Appeal

If the summary dismissal request results in the termination of the employee, as directed by the president, the employee may then appeal to the Board of Regents in accordance with board policy. Such an appeal should be directed to the Office of the Board of Regents in Urbandale, Iowa, and must be presented no later than twenty (20) working days following receipt of the president's decision.

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