(a) This section does not apply to a suspension pending the disposition of a charge for removal of a classified employee.
Suspension of employee for disciplinary purposes
(b)(1) A vice president or program director may suspend a classified employee for disciplinary purposes.
(2) The vice president or program director shall notify the classified employee in writing of the suspension and the reasons for it.
(3) A suspension for disciplinary purposes under this section shall be without pay.
Time and duration of suspension
(c)(1) A suspension for disciplinary purposes:
(i) Shall be served on consecutive days; and
(ii) Shall begin within 2 days from the close of the classified employee's next shift after:
1. The alleged infraction occurred; or
2. The vice president or program director learned of the alleged infraction.
(2) The time limits in paragraph (1) of this subsection do not apply to a classified employee whose duties include mandatory appearances before a court, regulatory unit, or administrative body, if the limits:
(i) Would conflict with a scheduled appearance of the employee before a court, regulatory unit, or administrative body; and
(ii) Would thereby hamper the effective administration of the University's business.
Appeal of suspension
(d)(1) The vice president or program director may authorize a designee to receive appeals under this subsection.
(2) A suspended classified employee or a representative of the employee may submit a written appeal of a disciplinary suspension:
(i) Within 3 workdays after receipt of a notice of suspension, to the vice president or program director; or
(ii) Within 5 workdays after receipt of a notice of suspension, to the President, in accordance with procedures established in policies adopted by the Board of Regents.
Hearing upon receipt of appeal
(e)(1) The vice president or program director may authorize a designee to hear appeals under this subsection.
(2) If an appeal is made to the vice president or program director, the vice president or program director shall:
(i) Hold a hearing within 3 workdays after receiving the appeal; and
(ii) Issue a written decision within the time established in policies adopted by the Board of Regents.
(3) If, as a result of management delay, the appeal is not heard and decided within the times required by this subsection, the vice president or program director shall reinstate the suspended classified employee with full back pay.
(4) If a classified employee appeals under this subsection, the employee may not further appeal the suspension except in accordance with step three of the grievance procedures under § 14-306 of this title.
Issuance of proposed decision
(f)(1) If an appeal is made to the President, the President shall issue a proposed written decision for approval by the Secretary of Budget and Management within 45 days after the later of:
(i) The conclusion of the hearing; and
(ii) The day when all briefs or memoranda have been submitted.
(2) If the Secretary of Budget and Management disapproves the suspension, the Secretary of Budget and Management may grant back pay to the classified employee.
Credits
Added as Education § 14-1A-07 by Acts 1994, c. 485, § 1, eff. July 1, 1994. Renumbered as Education § 14-207 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 1996, c. 349, § 13, eff. July 1, 1996.
MD Code, Education, § 14-207, MD EDUC § 14-207
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.
