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§ 14-205. Removal of classified employees

West's Annotated Code of MarylandEducation

West's Annotated Code of Maryland
Education (Refs & Annos)
Division III. Higher Education [Titles 10-20] (Refs & Annos)
Title 14. Morgan State University and ST. Mary's College of Maryland (Refs & Annos)
Subtitle 2. Morgan State University Classified Employee Separation Procedures (Refs & Annos)
MD Code, Education, § 14-205
§ 14-205. Removal of classified employees
Removal by vice president or program director
(a) A vice president or program director may remove a classified employee who has completed probation only for cause.
Cause for removal
(b)(1) Subject to paragraph (2) of this subsection, the Board of Regents shall prescribe what may constitute cause for removal after probation of classified employees.
(2)(i) The causes for removal shall conform to the causes for removal of skilled service or professional service employees, with the exception of special appointments, that the Secretary of Budget and Management adopts by regulation.
(ii) A classified employee may not be removed for any cause prohibited by § 2-302 of the State Personnel and Pensions Article.
Submission of charges to President, notice, and opportunity for employee to be heard
(c) A vice president or program director may remove a classified employee for cause only if:
(1) Written charges for removal are submitted to the President:
(i) By the vice president or program director; or
(ii) Subject to the approval of the President, by any resident of the State;
(2) The employee is given a copy of the charges; and
(3) The employee is given an opportunity to be heard on appeal.
Appeal of charges
(d)(1) A classified employee may appeal the charges for removal to the President within the time and in the manner specified in policies adopted by the Board of Regents.
(2) If the classified employee fails to appeal within the time and in the manner required, the removal is final.
Hearings
(e)(1) If a classified employee appeals the charges for removal, the President shall hold a hearing to determine whether there is cause for removal.
(2) The hearing shall be held within 90 days after the charges for removal are submitted to the President.
Findings and decision of President
(f)(1) The President shall make findings and issue a proposed written decision for approval by the Secretary of Budget and Management on a charge for removal within 45 days after the later of:
(i) The conclusion of the hearing; or
(ii) The day when all briefs or memoranda have been submitted.
(2) The Secretary of Budget and Management shall provide a copy of the findings and decision to each party.
(3) The decision of the Secretary of Budget and Management is final.
Enforcement of final decision
(g) The University immediately shall enforce a final decision issued under this section.

Credits

Added as Education § 14-1A-05 by Acts 1994, c. 485, § 1, eff. July 1, 1994. Renumbered as Education § 14-205 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 1996, c. 347, § 14, eff. Oct. 1, 1996; Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 743, § 1, eff. Oct. 1, 1997.
MD Code, Education, § 14-205, MD EDUC § 14-205
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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