Suspensions pending charge for removal

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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.


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