§ 14-206. Suspensions pending charge for removal

MD Educ Code § 14-206 (2019) (N/A)
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(a)    (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)    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)    The President shall hold the preliminary hearing within 5 workdays after the President receives the request.

(d)    (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)    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)    (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.