| Appendix B: Due Process Policy |
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Notice and Hearing
Requirements Applicable to the Non-Tendering of a New Contract |
Probationary Employment |
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Permissible Reasons
For Termination of Employment |
Part-Time
Employees |
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Other Reasons
For Termination of Employment |
Employee Grievance
Procedure |
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|
Conditional, Performance-Based
Employee Contract |
Definition of
Terms |
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| Notice and Hearing
Requirements Applicable to the Non-Tendering of a New Contract |
- It is the policy of Durham Technical Community College's
Board of Trustees for the college's administration to notify
each full-time employee, in writing, no later than 90 calendar
days prior to the expiration of his/her contract of employment,
of the administration’s intent to recommend to the Board
of Trustees either that the said employee should be tendered
a new contract of employment or should not be tendered a new
contract of employment for the subsequent employment period.
This notification shall be delivered to each full-time employee
on or before April 1 for the fiscal year beginning July 1.
The 90-day notification requirement does not apply to those
situations where there is a discontinuance or reduction in a
program because of bona fide institutional financial exigency
or where there is a major curtailment of or an elimination or
reorganization of an instructional or public service program.
Additionally, the 90-day notification requirement does not apply to those employees whose contract contains certain special conditions. In such cases, the college administration may delay its recommendation to the Board of Trustees to provide additional time in allowing the employee to demonstrate full compliance with the special conditions. In such cases, the college administration shall notify the employee, in writing, no later than 30 calendar days prior to the expiration of his/her contract, of the administration’s intent to recommend the tendering or non-tendering of a new contract. There will be no public disclosure by the college’s administration
or by any college employee of the reasons that any employee
was not tendered a new contract of employment. All Durham Technical
Community College employees serve at the pleasure of the Board
of Trustees. The Durham Technical Community College employment
contract itself constitutes the only agreement of employment
and represents the entire period of employment. In no instance
is automatic continuation or renewal of the employment contract
specified or implied anywhere in any of its provisions.
- If the Durham Technical Community College administration
decides not to recommend the tendering of a new employment contract
to a full-time employee, that employee shall be notified that
he/she may be granted a hearing before the Personnel, Curriculum,
and Student Affairs Committee of the Board of Trustees if he/she
can provide evidence establishing a prima facie showing that
the action was taken because of race, sex, religion, national
origin, handicap, or protected First Amendment reasons. If the
employee has reason to believe that he/she is not being offered
a new contract because of race, sex, religion, national origin,
handicap, or protected First Amendment reasons, he/she shall
so notify the Personnel, Curriculum, and Student Affairs Committee
of the Board of Trustees in writing within 10 days of being
notified that the tendering of a new employment contract will
not be recommended. The employee shall have the burden of establishing
a prima facie showing of the involvement of race, sex, religion,
national origin, handicap, or protected First Amendment reasons
in the decision not to recommend the tendering of a new contract
of employment.
- After being notified in writing by the employee that he/she
reasonably believes race, national origin, handicap or protected
First Amendment reasons have been involved in the decision not
to recommend the tendering of a new contract, the Personnel,
Curriculum, and Student Affairs Committee of the Board of Trustees
shall set a date for the employee to submit written evidence
to the committee for review. Within five days of receiving the
employee's written evidence for review, the Personnel, Curriculum,
and Student Affairs Committee of the Board of Trustees shall
notify the employee as to whether the evidence presented is
sufficient to justify a hearing before the Personnel, Curriculum,
and Student Affairs Committee. If the Personnel, Curriculum,
and Student Affairs Committee of the Board of Trustees does
find that the employee has presented evidence which justifies
a hearing, then the employee shall be notified in writing by
certified letter, delivered to his/her residence address on
record at the college, of the specific date, time, and place
of the hearing, that date being as soon as practically possible,
but not to be less than 10 days or more than 30 days from the
official date of the notification of hearing by the Personnel,
Curriculum, and Student Affairs Committee of the Board of Trustees.
- The hearing shall be before the Personnel, Curriculum, and
Student Affairs Committee of the Board of Trustees, meeting
in Executive Session. A transcript of the hearing shall be made
and maintained by the college. The employee shall be permitted
to present witnesses and evidence, to cross-examine witnesses,
and to be represented by counsel. All testimony will be taken
under oath. The employee shall have the burden of establishing
a prima facie showing of involvement of race, sex, religion,
national origin, handicap, or protected First Amendment reasons
in the decision of the administration not to recommend the tendering
of a new contract. If, in the opinion of the Personnel, Curriculum,
and Student Affairs Committee of the Board of Trustees, the
employee fails to carry the burden, the hearing shall be terminated.
If the Personnel, Curriculum, and Student Affairs Committee
of the Board of Trustees finds that the employee has carried
that burden, then the administration of the college will have
the burden of going forward to prove that the impermissible
reason was a factor in the decision, that it was not a substantial
factor, in that an overriding reason for the recommendation
that the employee not be tendered a new contract existed.
- The President, his counsel, or delegate shall have the burden
of going forward with the evidence and proving to the Personnel,
Curriculum, and Student Affairs Committee of the Board of Trustees
that the impermissible reason was not a factor in the decision
to not recommend the tendering of a new contract, or to prove
that though the impermissible reason was a factor in the decision,
it was not a substantial factor, in that an overriding reason
for the recommendation that the employee not be tendered a new
contract existed. The President, his counsel, or delegate shall
be entitled to present witnesses and evidence and cross-examine
witnesses. At the conclusion of the President's evidence, the
employee shall be given the opportunity to present evidence
in rebuttal or to show that the reasons advanced for not recommending
the tendering of a new contract are a pretext.
- Within seven work days of the termination of the hearing,
the Personnel, Curriculum, and Student Affairs Committee of
the Board of Trustees, with the authority so delegated from
the full Board of Trustees, shall make a definitive ruling on
the matter and notify the employee of its decision by certified
letter, delivered to his/her residence address on record at
the college.
- The full Board of Trustees shall serve as the final non-judicial
appellate authority. If the Personnel, Curriculum, and Student
Affairs Committee of the Board of Trustees rules against the
employee at the hearing referenced above, the employee may appeal
the ruling to the full Board of Trustees. The appeal request
must be in writing. At a time designated by the Board Chairman,
the full Board of Trustees shall meet in Executive Session to
review the transcript of the hearing that occurred before the
Personnel, Curriculum, and Student Affairs Committee of the Board.
At the conclusion of this transcript review, the employee or
his counsel or both, and the President, his counsel, or delegate
shall be permitted to appear before the full Board of Trustees
in Executive Session and to present a summary argument on the
facts relevant to the case. At the conclusion of these arguments,
the full Board of Trustees shall excuse those who presented
the summary arguments and then act to sustain or reverse the
actions of the Personnel, Curriculum, and Student Affairs Committee.
Within seven working days after the full Board of Trustees has
met to review the transcript of the hearing, the employee shall
be notified by certified letter, delivered to his/her residence
address on record at the college, of the decision of the Board
of Trustees as to whether the Board of Trustees has sustained
or reversed the decision of the Personnel, Curriculum, and Student
Affairs Committee of the Board of Trustees.

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| Permissible Reasons
For Termination of Employment |
Dismissal of an employee may occur for the following reasons:
- Failure in the opinion of the President, to perform competently,
and/or in keeping with the administrative practices of the college,
the duties of the position for which he/she was employed;
- Work performance that fails to meet expectations;
- Neglect of duties or failure to serve in capacities, such
as student advisor, committee member, etc., as directed by the
administration;
- Failure to demonstrate progress in professional self-improvement
within a reasonable time, if such progress has been stated in
a contract of regular employment as a condition for employment
in a subsequent contract period;
- Conduct unbecoming a member of the faculty or staff, provided
that no such charge be sustained that constitutes interference
with academic freedom of the person charged;
- Conviction of a crime involving moral turpitude or conviction
of a felony;
- Violation of federal or state law;
- Failure of an instructor to regularly meet scheduled classes
and appointments;
- Chronic absenteeism;
- Violation of any of the prohibitions outlined under “Disruptive
Activity” in this Appendix to the Durham Technical Community
College Employee Handbook;
- Insubordination, unprofessional conduct, or failure to cooperate
with other employees to the extent that, in the opinion of the
President, dissension interrupts the orderly performance of
duties;
- Directly or indirectly intimidating, threatening, or coercing in any way an employee in an effort to gain Voluntary Shared Leave or offering to pay or paying remuneration or other favors to an employee in exchange for Voluntary Shared Leave;
- Financial exigency or discontinuation of a program or position;
- Failure to comply with rules, regulations, and policies of
the State Board of Community Colleges, the Board of Trustees,
or lawful directives of the President;
- Use of controlled substances during work hours or appearing
at any time on the properties of Durham Technical Community
College under the influence of controlled substances in violation
of N.C.G.S. 90-95 - North Carolina Controlled Substances Act;
- Reporting to work or appearing at any time on the properties
of Durham Technical Community College under the influence of
intoxicating liquor; or
- Sexual harassment.
The Durham Technical Community College Contract of Employment contains a provision for termination of the employment contract. If an employee is to be dismissed prior to the expiration of his/her contract, and should he/she wish to appeal, he/she may request a hearing before the Personnel, Curriculum, and Student Affairs Committee of the Board of Trustees. Employees who are to be dismissed have the right to both written specification of the reasons for dismissal and a hearing by the Personnel, Curriculum, and Student Affairs Committee of the Board of Trustees. When a hearing is requested, the same rules of hearing as outlined under the non-tendering of a new contract shall be followed except that presentation of evidence will differ in that it shall be the burden of the administration of the college to demonstrate that permissible reasons were the grounds for dismissal. Here again, the full Board of Trustees would serve as the final non-judicial appellate authority. |
| Other Reasons For Termination
of Employment |
The employment of any Durham Technical Community College employee
may be terminated by the President because of the following:
- Demonstrable, bona fide institutional financial exigency;
or
- Major curtailment of, elimination of, or reorganization of
a teaching or a public service program.
The determination of whether a condition of financial exigency
exists or whether there shall be a major curtailment of, elimination
of, or reorganization of a teaching or a public service program
shall be made in accordance with this paragraph.
On or before June 1st preceding the beginning of the fiscal year,
the Business Manager shall submit his estimate of the budget for
the coming fiscal year. If it appears then that the state of the
financial resources of the college may preclude offering employment
during the coming fiscal year to certain of the existing employees
of the college, then the President shall call a meeting of the
full Board of Trustees in order to determine whether a state of
financial exigency exists. In like fashion, if it appears to the
Business Manager during the course of any fiscal year that the
state of the financial resources of the college will compel an
immediate reduction in the then-current operations budget, then
he/she shall immediately so notify the President and shall submit
to him/her a documented estimate of the reduction compelled. The
President shall review the data provided and shall further review
any other information and data which he/she deems to be relevant,
pertinent, and necessary to his/her consideration. If he/she agrees
with the assessment of the Business Manager and if the reduction
compelled may necessitate terminating of employees at the college,
then he/she shall call a meeting of the full Board of Trustees
in order to determine whether a state of financial exigency does
exist. The Board shall then authorize the President to proceed
in accord with the terms and provisions of this paragraph.
If a major curtailment of, an elimination of, or a reorganization
of an instructional or public service program appears to the President
to be necessary and if it further appears that such curtailment,
elimination, or reorganization may involve the termination of
employees at Durham Technical Community College, then the President
shall gather all pertinent data and shall call a meeting of the
full Board of Trustees to determine the appropriateness of such
curtailment, elimination, or reorganization. The President shall
present all pertinent and relevant data to the Board of Trustees
along with recommendations as to action to be taken. If the Board
shall agree that the curtailment, elimination, or reorganization
recommended is appropriate, it shall authorize the President to
proceed. In instances in which less than all employees within
an instructional or public service program will be terminated,
the listing, termination, and appeal procedures outlined below
for fiscal year financial exigency shall apply.
At such times as a state of financial exigency is declared, the
President shall direct each Department Head to prepare a list
of the employees within his/her supervision. The list prepared
shall include an assessment of the necessity for all positions
within the area and shall include a job performance evaluation
of all personnel. The list shall also include recommendations
from the Department Heads as to positions or personnel which may
be eliminated with the least damage to the mission of the college,
with recommendations to be accompanied by the appropriate reasons.
The list shall also include any and all recommendations the Department
Heads may have as to savings which may be effected other than
through the termination of employees.
The lists prepared by Department Heads shall be completed and
submitted to the appropriate Division Head within 20 days after
the list is requested. All lists within the division shall be
reviewed by the Division Head and forwarded to the President.
The President shall confer with each division chief and make recommendations
to the full Board of Trustees concerning the elimination of positions
and termination of personnel within 10 days from the submission
of the lists to the appropriate chief division officer. The Board
of Trustees shall rule upon each recommendation made and direct
the President to notify each employee who is to be terminated.
When an employee is terminated during the course of a fiscal
year on the basis of the existence of a state of financial exigency
or on the basis of the curtailment of, or elimination of, or reorganization
of an instructional or public service program, the Board shall
make every reasonable effort, consistent with the need to maintain
sound educational programs and within the limit of available resources,
to give not less than 60 calendar days notice before terminating
the said employee. If it is not possible to give such notice due
to the existence of a state of financial exigency, then the Board
shall give as much notice as is possible.
Any employee terminated on the basis of the existence of a state
of financial exigency or due to a major curtailment of, or elimination
of, or reorganization of an instructional or public service program,
during the course of the fiscal year, shall have the right to
appeal the termination decision upon the grounds that the decision
to terminate involved race, sex, religion, national origin, handicap,
or protected First Amendment reasons, or upon the grounds that
the decision to terminate was arbitrary or capricious with respect
to that individual. In order to preserve the right to appeal,
the employee must request a review of the termination by the Personnel,
Curriculum, and Student Affairs Committee of the Board of Trustees,
in writing, specifying the grounds upon which the appeal is based,
and directed to the Chairman of the Board of Trustees, within
10 days after the notification of termination.
After receipt of the written request for review, the Personnel,
Curriculum, and Student Affairs Committee shall set a date by
which the employee must submit written evidence to support his/her
appeal of the termination. The employee shall have the burden
of showing by the greater weight of the evidence that the decision
to terminate him/her involved race, sex, religion, national origin,
handicap, or protected First Amendment reasons, or was arbitrary
or capricious. The Personnel, Curriculum, and Student Affairs
Committee shall consider the written evidence provided and shall
grant a hearing if it determines that a prima facie showing has
been made in support of the reasons stated by the employee in
requesting the review of the termination. The Personnel, Curriculum,
and Student Affairs Committee shall notify the employee in writing
by a certified letter delivered to his/her address on record at
the college whether or not a hearing will be held, and if a hearing
is to be held, the employee will be notified within the letter
of the date, time, and place of the hearing. The hearing shall
be held as soon as is practicable, but in any event within 30
days of the notification to the employee of the hearing.
In cases in which the Personnel, Curriculum, and Student Affairs
Committee has determined that the employee has made a prima facie
showing that the decision to terminate involved race, sex, religion,
national origin, handicap, or protected First Amendment reasons,
the hearing shall be conducted in accord with subsections 4, 5,
6, and 7 of Section I of the Durham Technical Community College
Due Process Policy.
In cases in which the Personnel, Curriculum, and Student Affairs
Committee has determined that the employee has made a prima facie
showing that the decision by the Board of Trustees to terminate
him/her was arbitrary or capricious, the hearing shall also be
conducted in accord with subsections 4, 5, 6, and 7 of Section
I of the Durham Technical Community College Due Process Policy,
with respect to the hearing procedure. The burden, in those cases,
will be upon the employee to show by the greater right of the
evidence that the decision to terminate him/her was arbitrary
or capricious. If the Personnel, Curriculum, and Student Affairs
Committee finds that the employee has carried his/her burden within
the hearing, then the administration of the college shall have
the burden of going forward to show that the decision to terminate
the said employee was not arbitrary or capricious.
Prior to any declaration of a state or financial exigency, all
available steps to avoid termination of personnel by reduction
of expenditures within the budget to the greatest extent possible
without compromising the mission of Durham Technical Community
College, shall be taken. In the event of insufficient funds or the non-appropriation of funds, the President shall have the sole discretion to furlough college employees. A furlough may be implemented in lieu of a declaration of financial exigency. A declaration of financial exigency shall
be made only after exhausting the other available steps.

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| Conditional, Performance-Based
Employee Contract |
Durham Technical Community College reserves the right to use Conditional,
Performance-Based Employment Contracts in those situations where
it is deemed necessary. When, in the opinion of the President,
dismissal is not in the best interests of the college although
permissible reasons for termination of employment exist, he may
exercise the college's option to void the employee's existing
employment contract upon 30 days notice and replace it with a
Conditional, Performance-Based Employment Contract of three months
in length. The employee shall be notified of being placed on a
Conditional, Performance-Based Employment Contract 30 calendar
days in advance by certified letter from the President, delivered
to the employee's residence address on record at the college.
If, during this specified conditional period, the employee continues
in those actions deemed contrary to the college's standards of
performance and conduct, he/she may be dismissed.
In some situations, Conditional, Performance-Based Employment Contracts may be issued
to certain full-time Durham Technical Community College employees
in lieu of a new standard contract upon the expiration of that
employee's existing standard contract. In these situations, the
employee shall be so notified 30 calendar days in advance by certified
letter from the President, delivered to the employee's residence
address on record at the college. If a new contract is not to
be tendered to a regular employee at the termination of a Conditional,
Performance-Based Employment Contract, that employee shall be
so notified by certified letter delivered to the employee's residence
address on record at the college. This notification shall take
place no less than 10 days prior to the expiration of the Conditional,
Performance-Based Employment Contract. Employees shall have the
right to appeal the decision not to tender them new contracts
pursuant to this paragraph to the Personnel, Curriculum, and Student
Affairs Committee of the Board of Trustees, under the provisions
of paragraph II. |
| Probationary Employment |
| New employees (first-time hired or rehired after an absence of
more than three consecutive calendar months) shall be initially
issued probationary employment contracts as a standard procedure.
If a new contract is not to be offered to a new employee at the
end of the probationary period, that new employee shall be so
notified by a certified letter not less than 10 consecutive calendar
days prior to the expiration of the probationary contact. New
employees shall have no right to an appeal if a new contract is
not offered at the end of the probationary period. |
| Part-Time
Employees |
| The provisions of the Durham Technical Community College Due Process
Policy do not apply to any person hired under a Contract for Part-Time
Employees. All terms and conditions for part-time employment are
included in the Contract for Part-Time Employees, and the specified
length of part-time employment shall be deemed to constitute full
and timely notice of the non-tendering of a new contract when
that employment term expires. The notification requirements stated
in the Durham Technical Community College Due Process Policy do
not apply to persons employed under a Contract for Part-Time Employees.
The actual tendering of a new Contract for Part-Time Employees
shall be the only instance where personnel ever employed under
such contract may expect subsequent part-time employment. |
| Employee Grievance
Procedure |
| |
Purpose
Durham Technical Community College attempts, in good faith,
to resolve complaints and problems as they arise, However, if
a matter remains unresolved, the purpose of this employee grievance
procedure is to provide a process to resolve employee complaints.
This procedure applies to all employee complaints excluding
those involving claims of discrimination on the basis of age,
sex, or disability, unlawful workplace harassment, or claims
of sexual harassment. Grievances alleging discrimination may,
at the complainant’s choice, proceed through the established
grievance process or may proceed directly to the Affirmative
Action Officer. |
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Procedure |
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|
First Step -- The employee should
attempt to resolve the problem informally with the individual
against whom the complaint exists. An attempt should be made
within 10 days of the incident that generated the complaint.
Second Step -- If the complaint
is not resolved with the informal process with the co-worker,
the employee may seek assistance from the first-line Supervisor
to assist with the resolution of the problem. If the first-line
Supervisor does not resolve the matter to the employee's satisfaction,
the employee may continue resolution through the appropriate
Division Head. A signed grievance letter from the employee
must be forwarded to the Division Head within 10 working days
after completing the first step in the grievance process.
Third Step -- The Division Head
shall respond to the employee and schedule a conference with
the employee and all other appropriate individuals within
10 working days of receipt of the letter(s). Individual conferences
should be held with the affected parties followed by a joint
session with them. A response will be forwarded to the employee
within 10 working days of the conclusion of the scheduled
conferences. If the Division Head does not resolve the matter
to the employees' satisfaction, they may seek resolution with
the Human Resources Director or the Affirmative Action Officer.
A written statement along with a copy of the letter(s) presented
to the Division Head and the Division Head's response must
be forwarded to the Director or the Officer by the employee(s)
within 10 working days after receiving the written response.
Fourth Step -- The Director and/or
the Officer will investigate the grievance and deliver a recommendation
to the President within 10 working days of receipt of the
statement and other documents. The President shall review
the previous findings and recommendation, conduct any necessary
additional inquiries, and render a written decision within
10 working days of receipt of the documentation.
Fifth Step -- If the employee
is not satisfied with the President's decision, he/she may
request a review by the Board of Trustees Personnel Committee.
The Personnel, Curriculum, and Student Affairs committees shall set a date for the employee
to submit written evidence to it for review. After receiving
and reviewing the employee's written evidence, the Personnel,
Curriculum, and Student Affairs Committee shall notify the
employee as to whether the evidence presented is sufficient
to justify a hearing before it. If the Personnel, Curriculum,
and Student Affairs Committee finds that the employee has
presented evidence which justifies a hearing, then the employee shall be notified in writing by certified return receipt letter,
mailed to his/her residential address on record at the college.
The notification letter shall state the specific date, time,
and place of the hearing. The hearing date shall be as soon
as practically possible but not less than 10 days nor more
than 30 days from the date of the notification letter. The
notification letter shall also state the process to be used
in presenting evidence to the Personnel, Curriculum, and Student
Affairs Committee. 
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| Definitions |
- Conditional, Performance-Based Employment
Contract
A special employment contract based on compliance with certain
conditions and applied to a Durham Technical Community College
employee who is subject to termination at a date other than
that specified on his last regular employment contract.
- Controlled Substance
A Schedule I controlled substance includes heroin, mescaline,
LSD, peyote, and psilocybin among others. A Schedule II controlled
substance includes methadone, opium, amphetamines, methamphetamines,
and any material which contains any substance having a potential
for abuse associated with a stimulant effect on the central
nervous system. A Schedule III controlled substance includes
barbiturates, paregoric and compounds having limited amount
of narcotic drugs, and any other material which contains any
quantity of a drug having a depressant effect on the central
nervous system. A Schedule IV controlled substance includes
phenobarbital. A Schedule V controlled substance includes substances
which may be received only by prescription from a pharmacist.
A Schedule VI controlled substance includes marijuana and tetrahydrocannabinols
(see N.C. General Statutes 90-95 - N. C. Substances Act.)
- Chronic Absenteeism
An employee who experiences five or more unpaid workdays during
the term of a regular probationary employment contract shall
be considered chronically absent, except in the instances of
extended, unexpected illness or injury substantiated by a medical
doctor's report or in the event of such absence being approved
in advance by the Board of Trustees.
- Directive of the President (Presidential
Directive)
A Presidential Directive may be either written or verbal and
shall be confined to directing employees in the conduct of the
business of Durham Technical Community College.
- Disruptive Activity/Conduct
Durham Technical Community College honors the right of free
discussion and expression, peaceful picketing and demonstrations,
the right to petition, and peaceable assembly. That these rights
are a part of the fabric of this educational institution is
not questioned. They must remain secure. It is equally clear,
however, that in a community of learning, willful disruption
of the educational process, destruction of property, and interference
with the rights of other members of the community cannot be
tolerated.
- Any student, faculty member, or staff member (including
full-time or continuing part-time employees) who willfully,
by use of violence, force, coercion, threat, intimidation,
or fear, obstructs, disrupts, or attempts to obstruct or
disrupt the normal operations or functions of Durham Technical
Community College, or who advises, procures, or incites
others to do so, shall be subject to suspension, expulsion,
discharge, or dismissal from the college. The following,
while not intended to be exclusive, illustrate the offenses
encompassed herein: occupation of the college building or
part thereof with intent to deprive others of its use; blocking
the entrance or exit of of the college building or corridor
or room therein; setting fire to or by any other means substantially
damaging building or property, or the property of others
on the Durham Technical Community College premises; except
as necessary for law enforcement, any display of attempt
or threat to use firearms or explosives, or for the purpose
of intimidation, other weapons in a college building or on
the college campus; prevention of the convening, continuation,
or orderly conduct of any lawful meeting or assembly in
the college building or on the college campus; inciting
or organizing attempts to prevent student attendance of
classes; and, except with the permission of the President,
blocking normal pedestrian or vehicular traffic on the college
campus.
- The possession of bowie knives, daggers, loaded canes,
sword canes, machetes, pistols, rifles, repeating rifles,
shotguns, pump guns, or
other firearms or explosives on the college campus, or in
the college-owned or operated facility is forbidden unless
explicitly permitted by the President or his designated
representative in writing. Violation of this prohibition
constitutes grounds for suspension from the college provided,
however, the provisions of this section shall not apply
to any student who is a bona fide police officer while attending
classes.
- Any faculty or staff member (including any full-time or
continuing part-time employee) who, with intent to obstruct
or disrupt the normal operations or functions of the college,
willfully fails or refuses to carry out validly assigned
duties, shall be subject to discharge.
- Financial Exigency
A significant decline in the financial resources of the institution
that is brought about by a decline in institutional enrollment
or by other action or events that compel a reduction in the
institution's current operations budget.
- First Amendment
The First Amendment to the U.S. Constitution guarantees the
following rights to U.S. citizens: freedom of speech, religion,
press, assembly, and to petition the government.
- Full-Time Employee
One who is currently employed at Durham Technical Community
College on a full-time basis and has been so employed for six
months or more. For the purpose of the Durham Technical Community
College Due Process Policy, all other employees are classified
as temporary.
- Furlough
A reduction in the number of hours of contracted employment and a corresponding reduction in compensation. A furlough may be defined in terms of "hours per week," "hours per month," or "hours per year" or in terms of "days per week," "days per month," or "days per year."
- Handicapped Person
Such term means any person who has a physical or mental impairment
which substantially limits one or more of such person's major
life activities, has a record of such an impairment, or is regarded
as having such an impairment.
- Intoxicated State
A person is considered legally intoxicated or "under the
influence" when he/she has consumed enough of any intoxicating
beverage that he/she has some appreciable impairment of his/her
mental or physical faculties. (See N.C. General Statute 20-138.1).
- New Employee
One who is hired for the first time or who has been rehired
after an absence of more than three consecutive calendar months.
- Personnel, Curriculum, and Student Affairs
Committee of the Board of Trustees
A standing committee of members of the Durham Technical Community
College Board of Trustees, appointed by the Chairman of the
Board of Trustees, to perform the duties prescribed in this
policy and to carry out such other duties and fulfill such other
responsibilities as may be assigned by the Chairman of the Board
of Trustees.
- Prima Facie
Credible evidence that, when viewed most favorably to a case
and without consideration of any defense or contrary evidence,
will prove a claim. For example, a prima facie case is a case
that will win unless the other side comes forward with evidence
to dispute it.
- Public Disclosure
For the purpose of this policy, public disclosure refers to
the intentional exposing or divulging of the reasons for the
non-tendering of a new employment contract to any person or
agency, with the exceptions of the employee himself or herself,
the members of the employee's supervisory chain of command up
to and including the President (i.e., Faculty Member, Program
Director, Dean, Division Head, President), the Affirmative Action
Officer, persons regularly employed in the Human Resources Department,
legal counsel retained by the employee or the administration,
and members of the Board of Trustees. Other exceptions shall
occur in the event of a Court Order or at the insistence of
the employee, either direct or indirect.
- The President
The principal administrator at Durham Technical Community College.
- Transcript
A typed, verbatim statement of the hearing procedures drawn
from an electrical recording.
- Written Evidence
A signed statement of allegations with supporting documents.

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