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Section IV.F.10.13: Contractual Termination Notice and Appeal
Procedures
These procedures supplement and clarify Section IV.F.10.13 of the Lone Star College District
Policy Manual (“Policy Manual”) last revised by the Board of Trustees on December 3,
2015—setting out the College’s policies regarding termination of employment contracts
during the contract term.
The Policy Manual controls when a conflict arises between it and the procedures below.
These procedures were last updated on April 6, 2016. The notice and comment period was
open online to the public from March 4, 2016 to April 3, 2016.
The notice and appeal procedures found in Section IV.F.10.13 of the Policy Manual apply to
contract terminations that occur during the contract term. These procedures protect an
employee’s property interest in their employment contract. Only employees with executed
employment contracts will be entitled to these procedures. Employees without executed
employment contracts are employed at will and have no property interest in their continued
employment.
Finally, these procedures are relatively brief because the Board of Trustees detailed many
procedures directly in the Policy Manual. Rather than re-publishing them here, we direct the
reader to Section IV.F.10.13 of the Policy Manual.
a. Pre-termination Notice Procedures: All employees subject to termination during
their contract term must receive a Notice of Forthcoming Termination. This notice
serves to provide notice of the reasons for terminating the employee, the nature of
the evidence supporting those reasons, and an opportunity for the employee to
respond in writing. The employee’s supervising President, Vice Chancellor, or Chief
Area Officer delivers this notice to the employee. The Chancellor will deliver this
notice to his or her direct reports (e.g., President or Vice Chancellor).
The Notice of Forthcoming Termination must be delivered to the contractual
employee at least via the United States Postal Service’s Certified Mail Return Receipt
Request service to the current address on file with the Human Resources office. The
Notice of Forthcoming Termination is considered received by the employee once the
U.S. Postal Service attempts delivery at the last address the College has on file from
the employee. Employees must keep their contact information updated with the
Human Resources office. A copy of the Notice of Forthcoming Termination must be
filed in the employee’s Human Resources file. Email may be used in addition to the
postal service, but email delivery cannot replace postal delivery.
The contractual employee has five working days to respond to the Notice of
Forthcoming Termination. The employee responds to this notice by delivering a
written response, at least via email, to the person who signed the Notice of
Forthcoming Termination.
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The Notice of Forthcoming Termination will automatically become a Notice of
Recommended Termination on the sixth working day after the employee receives the
Notice of Forthcoming Termination. Once the Notice of Forthcoming Termination
becomes a Notice of Recommended Termination, the employee has 15 working days
to request an appeal and is immediately placed on administrative leave with pay. If
the employee does not request an appeal within 15 working days, the Notice of
Recommended Termination becomes the Notice of Termination on the 16th working
day following conversion of the Notice of Forthcoming Termination into a Notice of
Recommended Termination.
b. Pre-termination Appeal Procedures: Contractual employees have the right to
timely request a hearing to challenge the Notice of Recommended Termination.
1.
Appeal:
Initiated by Contractual Employees Who Report Directly to Chancellor:
Contractual employees who report directly to the Chancellor initiate an appeal by
filing Contract Termination Form 1, attached as an appendix, with the Board of
Trustees via the Office of the Chancellor. The Chancellor’s Office shall
acknowledge receipt of Contract Termination Form 1 and shall forward a copy to
each Board member, along with all accompanying documentation, within three
working days of Contract Termination Form 1 being received by the Chancellor’s
Office. The Board will consider the appeal in accordance with the Open Meetings
Act at the next regularly scheduled Board meeting that is scheduled to occur at
least 30 working days after Contract Termination Form 1 is received in the
Chancellor’s Office.
Initiated by All Other Contractual Employees: All other Contractual Employees
initiate an appeal by filing Contract Termination Form 2, attached as an appendix,
with the Chancellor. A contractual employee files Contract Termination Form 2 by
hand-delivering this Form to the Office of the Chancellor. This Form can also be
mailed to the Office of the Chancellor. If mailing, the Form will be considered
timely if properly addressed and postmarked on or before the due date. The
Chancellor must confirm in writing receipt of Contract Termination Form 2 within
three working days of receiving it. The receipt confirmation may be made via
email, but must be made through at least Certified Mail Return Receipt Requested
with the United States Postal Service. Receipt Notice must be accomplished by
using Contract Termination Form 3, attached as an appendix. As Contract
Termination Form 3 indicates, the Chancellor must hold a hearing within 30
working days of receiving Contract Termination Form 2.
The timelines set out above may be extended by mutual written consent of the
parties.
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2.
Hearing Date: The Chancellor shall use Contract Termination Form 3 to notify the
employee of the hearing date. The Chancellor will send a copy of Contract
Termination Form 3 to the employee’s supervising President, Vice Chancellor, or
Chief Area Officer via email.
3.
Hearing Records: The employee and employee’s President, Vice Chancellor, or
Chief Area Officer reporting to the Chancellor, will submit to the Chancellor a one-
page statement identifying their concerns in the employee’s continued
employment by filing Contract Termination Form 4, attached as an appendix.
Filing Contract Termination Form 4 is accomplished by hand-delivering this Form
to the Office of the Chancellor at least 10 working days before the hearing. This
Form can also be mailed to the Office of the Chancellor. If mailing, the Form will
be considered timely if properly addressed and postmarked on or before the due
date.
4.
Time Allocation: No clarification.
5.
Decision: The Chancellor shall send the written decision to the employee and the
employee’s supervising President, Vice Chancellor, or Chief Area Officer. The
written decision may be sent via email, but must also be sent through at least
Certified Mail Return Receipt Requested with the United States Postal Service.
This decision is final.
The Chancellor’s decision can be further appealed to the Board only if the
contractual employee alleges procedural irregularities. Substantive challenges
are not allowed. Contractual employees procedurally challenge the decision by
filing Contract Termination Form 5 with the Office of the Chancellor within 30
working days after receipt of the Chancellor’s written decision.
6.
Representation: No clarification.
7.
Notice of Representation: No clarification.
8.
Prohibition on Using College Resources: No clarification.
9.
Modification: The Chancellor’s procedure modification may be sent via email, but
must also be sent through at least Certified Mail Return Receipt Requested with
the United States Postal Service.
Effective Date: April 6, 2016.
Dr. Stephen C. Head, Chancellor
Lone Star College System
5 working days
Can appeal within 15 working days
If no Appeal is filed, within 16 working days
3 working days
30 working
days
Section IV.F.10.13 Contractual Termination
Notice and Appeal Process
Notice of
Forthcoming
Termination
Response Due/
Notice of
Recommended
Termination
Continued
Employment
File
Appeal
Form 2
Appeal
Receipt
Form 3
Hearing
Notice of
Termination
Procedural
Board Appeal
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Board of Trustees Request for Appeal of
Notice of Recommended Termination
Contract Termination Form 1:
THIS FORM IS USED BY EMPLOYEES WHO REPORT
DIRECTLY TO THE CHANCELLOR
Employee:
Print Name
Signature
Date
Please remember to attach a summary of the basis for your appeal.
Office of the Chancellor Date Received: .
Receiving Employee in the Chancellor’s Office: .
Printed Name
.
Signature
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signature
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signature
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Request for Appeal of Notice of Recommended Termination
Contract Termination Form 2:
Employee:
Print Name
Signature
Date
Please remember to attach a summary of the basis for your appeal.
Office of the Chancellor Date Received: .
Receiving Employee in the Chancellor’s Office: .
Printed Name
.
Signature
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signature
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signature
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Appeal Receipt and Hearing Notification
Contract Termination Form 3:
Receipt Notice Sent To:
Print Name
Receipt Notice Sent By:
Print Name
CMRRR No.:
Certified Mail Return Receipt Request No.
Date Receipt of Notice Sent:
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Appeal Receipt and Conference Notification
I acknowledge receipt of your Appeal challenging the recommendation my office has received
under Section IV.F.10.13 of the Lone Star College System District Policy Manual for termination
of your employment contract. I have tentatively scheduled your hearing for the date, time, and
place below. If this time conflicts with your schedule or you are otherwise unable to make this
appointment, please inform my office as soon as possible so we can reschedule to a more
convenient time.
Time:
Location:
Date:
Date
Stephen C. Head, Ph.D.
Chancellor
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Appeal Statement
Contract Termination Form 4
Print Name
Signature
Please identify your concerns regarding continued employment of . This statement
must be completed by the employee and by the employee’s supervising President, Vice Chancellor, or Chief
Area Officer. This statement must be filed with the Office of the Chancellor at least 10 working days
before the hearing.
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signature
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Request for Board Procedural Appeal of Contract Termination
Contract Termination Form 5:
Employee:
Print Name
Signature
Specific Board Policy Allegedly Violated:
(Please reference specific policy sections)
Please remember to attach a summary of the basis for your appeal.
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signature
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