Section 14-206 - Suspensions pending charge for removal.
§ 14-206. Suspensions pending charge for removal.
(a) Suspension without pay; notification.-
(1) A vice president or program director may suspend a classified employee without pay pending disposition of a charge for removal.
(2) The vice president or program director shall notify the classified employee in writing of the suspension and the reasons for it.
(b) Preliminary hearing to continue to work with pay.- Within 5 workdays after receiving a notice of suspension under this section, a classified employee may request in writing that the President conduct a preliminary hearing to determine whether the employee may continue to work with pay pending disposition of the charge.
(c) Time of preliminary hearing.- The President shall hold the preliminary hearing within 5 workdays after the President receives the request.
(d) Scope of preliminary hearing.-
(1) A preliminary hearing under this subtitle is in addition to the hearing on the merits required by § 14-205 of this subtitle.
(2) The preliminary hearing is limited to the following issues:
(i) Whether suspension without pay is necessary to protect the interests of the University or of the classified employee pending final disposition of the charge; and
(ii) Whether other employment and status alternatives for the classified employee should be considered.
(e) Choice and alternatives of employee.- At the preliminary hearing, the classified employee may:
(1) Rebut the reasons given for the suspension;
(2) Assert mitigating circumstances; and
(3) Offer alternatives to the suspension, including:
(i) A return to the employee's position with pay;
(ii) A transfer to another position with pay; or
(iii) A suspension with pay.
(f) Decision.-
(1) Within 5 workdays after the preliminary hearing, the President shall issue a proposed decision in writing for approval by the Secretary of Budget and Management.
(2) The decision is conclusive only as to the issue of the suspension.
[1994, ch. 485; 1996, ch. 10, § 16; ch. 349, § 13.]