07-08.10 鈥� Special Action Appeals for Regular Non-Exempt Employees

  1. Policy Statement:

    色花堂 (鈥淯niversity鈥�) has established implementing procedures pursuant to the , regarding special action appeals. The special action appeals process is available to any Regular Non-exempt employee who has been suspended, involuntarily demoted, rejected on probation or had charges for removal filed against him/her. 

  2. Definitions: 

    1. 鈥淥riginal Probation鈥� means a probation period required of any employee entering the University System by appointment to a regular position, a current employee appointed to a position at an institution other than the one at which employed, or a former employee returning to University service in a classification other than the one held at the time of separation or to a department other than the one where employed at separation. 

    2. 鈥淪tatus Change Probation鈥� means a probation period required of an employee who is appointed to another position at the same institution as the result of a promotion, demotion, horizontal change, transfer or reinstatement, except that a reinstated employee appointed to a classification or department other than the one held at separation must serve an original probation and would be subject to the appeal process for original probation outlined in Section V.A.2.d.i., below (鈥淩ejection on Original Probation鈥�). 

    3. 鈥淲orking Days鈥� are Monday through Friday regardless of work schedule, weekend work or mid-week work or mid-week days off. 

  3. Responsible Executive and Office:

    Responsible Executive:
    Associate Vice President of Human Resources

    Responsible Office:
    Office of Human Resources 

  4. Entities Affected by this Policy:

    All University departments, all non-exempt employees. 

  5. Procedures: 

    1. Process 

      1. All special action appeals must be filed with the Associate Vice President for Human Resources or the Employee/Labor Relations Manager in the Office of Human Resources (OHR). 

      2. Types of Appeals 

        1. Charges for Removal 

          1. The employee may appeal to the Associate Vice President for Human Resources or the Employee/Labor Relations Manager within five (5) working days from the date the employee receives the charges for removal as evidenced by the return receipt or other evidence of delivery of the charges to the employee. The Associate Vice President shall proceed with removal if the employee fails to appeal within five (5) working days. 

          2. The Associate Vice President for Human Resources shall, if possible, investigate the charges and give the employee the opportunity to be heard within thirty (30) working days after the appeal is filed. Both parties shall have the right to representation by counsel and the right to present witnesses and give evidence. Testimony shall be taken under oath. 

          3. A written decision shall be rendered to the employee within fifteen (15) working days following the conclusion of the hearing. 

          4. If a hearing is requested within five (5) working days and the removal is upheld, the employee may appeal to Step Three of the grievance process for Non-exempt staff employees (see 鈥淯SM Policy VII-8.00鈥�) by submitting an appeal to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301. The appeal shall be submitted within ten (10) working days after receipt of the University鈥檚 written decision. 

        2. Preliminary Hearing on Suspensions Pending Removal 

          1. The Associate Vice President for Human Resources shall give written notice of the reasons for the suspension to an employee suspended without pay pending charges for removal at the time the employee is notified of the suspension. 

          2. To request a hearing, the employee who is suspended pending charges for removal must submit the request in writing to the Associate Vice President for Human Resources or the Employee/Labor Relations Manager within five (5) working days from the date the employee received notification of the suspension. A return receipt or other proof of delivery of notification to the employee shall evidence the date the notification of suspension is received. The purpose of the hearing is to determine whether or not the employee may continue to work with pay during the disposition of charges. 

          3. The Associate Vice President of Human Resources shall conduct a preliminary hearing within five (5) working days after receipt of the employee鈥檚 written request. 

          4. The preliminary hearing shall be limited to the issues of: 

            1. whether suspension without pay is necessary to protect the interests of the institution, the University System of Maryland or the employee pending final disposition of the charges; and 

            2. whether other employment and status alternatives should be considered. 

          5. At the preliminary hearing, the employee may: 

            1. rebut the reasons given for the suspension 

            2. allege mitigating circumstances 

            3. offer alternatives to the suspension including: 

              1. return to the position with pay

              2. transfer to another position with pay 

              3. suspension with pay 

          6. The Associate Vice President for Human Resources shall render a written decision within five (5) working days after the preliminary hearing. This decision, on the issue of whether or not the employee may continue to work with pay pending the disposition of the charges, is final. 

        3. Involuntary Demotions 

          1. An employee who is notified of demotion may, within five (5) working days of written notification, file a written response to the Associate Vice President for Human Resources or the Employer/Employee Relations Manager and request an investigation of the demotion. 

          2. Except under exceptional circumstances, within twenty (20) working days after receipt of the request, the Associate Vice President for Human Resources shall investigate the demotion and give the employee the opportunity to be heard. Within fifteen (15) working days following the conclusion of the investigation, the written decision shall be rendered to the employee. 

          3. If an investigation is requested within five (5) working days and the demotion is upheld, the employee may submit a request for appeal to Step Three of the grievance procedure for Non-exempt staff employees (see 鈥淯SM Policy VII-8.00鈥�). The employee shall submit the appeal to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301 within ten (10) working days after receipt of the University鈥檚 written decision. 

        4. Rejection on Probation 

          1. Rejection on Original Probation 

            1. An employee rejected on original probation may file a written request for a Step Two hearing under the grievance procedure with the Associate Vice President for Human Resources or Employee/Labor Relations Manager within five (5) working days of the rejection (see 鈥淧olicy on Grievances for Regular Non-exempt Employees鈥�). The appeal is limited to the procedural and legal basis for the rejection. Rejection for cause is not required on original probation. 

            2. Except under exceptional circumstances, within twenty (20) working days after receipt of the appeal, the Associate Vice President for Human Resources shall conduct a hearing. A written decision shall be rendered to the employee within fifteen (15) working days of the conclusion of the hearing. 

            3. If the rejection is upheld, the employee may appeal to Step Three of the grievance procedure for Non-exempt staff employees (see 鈥淯SM Policy VII-8.00鈥�). The appeal shall be submitted within ten (10) working days after the employee鈥檚 receipt of the University鈥檚 written decision to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301. 

          2. Rejection on Status Change Probation 

            1. An employee who is rejected on status change probation and for whom no vacancy in the former classification is available may, within five (5) working days of receiving notification of the rejection, appeal to the Associate Vice President for Human Resources or the Employee/Labor Relations Manager and request an investigation of the rejection. 

            2. Except under exceptional circumstances, within twenty (20) working days after receipt of the appeal, the Associate Vice President for Human Resources shall complete an investigation. Within fifteen (15) working days following the conclusion of the investigation, the written decision shall be rendered to the employee. 

            3. If the rejection is upheld, Step Three of the grievance procedure for Non-exempt staff employees is available to the rejected employee (see 鈥淯SM Policy VII-8.00鈥�). The employee may appeal in writing to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301 within ten (10) working days after receipt of the University鈥檚 written decision 

            4. The University bears the responsibility for preparing the justification when there is a rejection on probation of an employee who has satisfactorily completed an original probation and is serving a status-change probation. 

        5. Disciplinary Suspension (Does not apply to suspension pending charges for removal) 

          1. Any alleged infraction shall be investigated by the supervisor at the earliest opportunity following knowledge of the alleged infraction and the investigation shall be completed as soon as possible. Supervisors may not suspend an employee without consulting with the Office of Human Resources. The supervisor or administrator shall implement the suspension within three (3) working days of the alleged infraction or knowledge of the alleged infraction by the responsible supervisor or administrator. All suspension days shall be consecutive. 

          2. The employee and/or the employee鈥檚 designated representative may submit a written appeal on a disciplinary suspension: 

            1. proceed directly to Step Two of the grievance procedure by sending the appeal to the Associate Vice President for Human Resources or the Employee/Labor Relations Manager within five (5) working days of notification of the suspension, or 

            2. proceed to Step One of the grievance procedure by sending the appeal to the Dean, Department Head, or Chairperson within three (3) working days of notification of the suspension. The appeal must be heard within three (3) working days. If the appeal is unheard or unanswered as a result of management delay, the employee shall be reinstated with full back pay. 

          3. Any further appeals must proceed through the grievance procedure within the prescribed time limits. If the University upholds the suspension, the employee may appeal to Step Three of the grievance procedure for Non-exempt staff employees (see 鈥淯SM Policy VII-8.00鈥�) by writing to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301. 

Related Policies:

Approval Date:

Effective Date:

Approved By: President鈥檚 Council

Signed By: President鈥檚 Council

How to Request the Policy PDF

This online version of the policy may include updated links and names of departments. To request a PDF of the original, signed version of this policy, email the Office of the General Counsel, .