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Faculty and Staff Home > Employee Handbook > Appendices > Appendix B: Due Process Policy
Appendix B: Due Process Policy
    Notice and Hearing Requirements Applicable to the Non-Tendering of a New Contract Probationary Employment
  Permissible Reasons For Termination of Employment Part-Time Employees
  Other Reasons For Termination of Employment Employee Grievance Procedure
  Conditional, Performance-Based Employee Contract Definition of Terms
 
Notice and Hearing Requirements Applicable to the Non-Tendering of a New Contract
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

  1. 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;
  2. Work performance that fails to meet expectations;
  3. Neglect of duties or failure to serve in capacities, such as student advisor, committee member, etc., as directed by the administration;
  4. 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;
  5. 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;
  6. Conviction of a crime involving moral turpitude or conviction of a felony;
  7. Violation of federal or state law;
  8. Failure of an instructor to regularly meet scheduled classes and appointments;
  9. Chronic absenteeism;
  10. Violation of any of the prohibitions outlined under “Disruptive Activity” in this Appendix to the Durham Technical Community College Employee Handbook;
  11. 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;
  12. 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;
  13. Financial exigency or discontinuation of a program or position;
  14. 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;
  15. 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;
  16. Reporting to work or appearing at any time on the properties of Durham Technical Community College under the influence of intoxicating liquor; or
  17. 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:

  1. Demonstrable, bona fide institutional financial exigency; or
  2. 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.
  Procedure
   

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
  1. 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.

  1. 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.)
  1. 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.

  1. 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.
  1. 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.

    1. 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.

    2. 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.

    3. 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.
  1. 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.
  1. 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.
  1. 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.

  2. 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."

  3. 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.

  4. 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).

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. The President
    The principal administrator at Durham Technical Community College.

  10. Transcript
    A typed, verbatim statement of the hearing procedures drawn from an electrical recording.

  11. Written Evidence
    A signed statement of allegations with supporting documents.

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1637 Lawson Street
Durham, NC 27703
919-536-7200

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