65-200
Revised 5-11-05 BOT 6-29-06
SEPARATION POLICY
A. Policy.
The Board of Trustees recognizes the necessity of the Oglala Lakota College (OLC) to
initiate adverse actions which may affect the employment status of institutional
personnel. Such actions may be attributable to budgetary constraints resulting in forced
reductions or personal improprieties and/or misconduct of OLC staff. While adverse
personnel action may unavoidable in certain instances, the Administration of the Oglala
Lakota College will provide every opportunity to faculty/employees to protect their
employment status.
B. Scope.
The procedures contained in this section address employee separation actions relating to
suspension, dismissal, non-renewal, and reduction in forces. The procedures defined in
this section apply to all classification of employees as defined in this handbook. They do
not apply to those employees on temporary appointment. If the employee chooses not to
appeal an appealable sanction, the action and sanction shall become final without further
proceedings or notice to the employee. An appeal shall not stay or delay the effective
date of the sanction specified in the notice of the action.
C. Definitions.
1. Forced Reductions. Forced reductions result from the elimination of positions or
programs due to major budget constraints. Forced reductions do not constitute
negative personnel action, and recall privileges are provided if adequate funding
support becomes available. A recall privilege is the privilege of an employee
subject to a forced reduction to return to the position held at the time of the
forced reduction. CROSS REFERENCE: 65-250
2. Elimination of Positions. Positions maybe eliminated due to budget constraints,
or programmatic needs.
3. Dismissals. Dismissals are adverse personnel actions taken for staff improprieties
and/or personal misconduct. Dismissal means the termination of all pay and
benefits from a given date and forward. CROSS REFERENCE: 65-200
4. Non-Renewals. Non-Renewals of employment contract may be taken for either:
1) inappropriate personal behavior or misconduct; 2) forced reductions stemming
from inadequate budgetary support; 3) unsatisfactory performance; or 4)
elimination of positions.
5. Suspension. Forced leave without pay.
D. Authority.
With the exception of Oglala Lakota College’s President, it is the responsibility of the
Administration to initiate action on dismissals, non-renewals, suspensions, and reductions
in force by giving proper notification to the employee.
It is the responsibility of the Board of Trustees for dismissals and non-renewals for Oglala
Lakota College’s President and Vice-Presidents.
E. Grounds for Disciplinary Action and Dismissal
Any employee who conducts themselves in a manner that reflects unfavorably upon the
reputation of the College may be subject to discipline up to and including immediate
termination. Terminations pursuant to this policy may occur without advanced notice
and without further pay. Such infractions shall include, but are not limited to, the
following table of offenses:
Table of Offenses
The following table is an illustration of the kinds of offenses and the type of disciplinary
action that shall be used for each offense depending on the number of occurrences. The
immediate supervisor and/or program director shall evaluate the circumstances before
making a decision. The appropriate authority shall insure that the discipline used is done
in a consistent manner so as not to discriminate.
Kind of Offense 1st 2nd 3rd
Occurrence Occurrence Occurrence
1. Malicious Damage Removal
of OLC Property
2. Willful Falsification Removal
of Records Involving
Funds
3. Willful Theft of Removal
OLC Property
4. Misappropriation Removal
of Fund
Kind of Offense 1st 2nd 3rd
Occurrence Occurrence Occurrence
5. Acceptance or Removal
Solicitation of
Bribes
6. Fraud Removal
7. Deliberately con- Removal
cealing, Removing,
Mutilating, Obliterat-
ing, or Destroying
Records
8. Unauthorized Removal
Absence 4 or
More Consecutive
Days
9. Solicitation and Removal
Accepting of a Gift
More Than $100
10. Deliberately Falsifying, Written Removal
Counterfeiting or Reprimand or
Forging Any Form of Removal
Transportation Request
Or Expense Report
11. Performing Written Removal
Personal Service Reprimand
During Official or Removal
Hours for
Financial Gain
12. Misstatement of Written Removal
Material Fact in Reprimand
Application for or Removal
Employment
13. Disclosing Written Removal
Confidential Reprimand
Information or Removal
65-200
Kind of Offense 1st 2nd 3rd
Occurrence Occurrence Occurrence
14. Unduly Disrupts the Written Removal
Operations of a Depart- Reprimand
ment or the College or Removal
15. Violations of Generally Written Removal
Accepted Safety Practices Reprimand
Endangering Self or Removal
or Others
16. Unauthorized Written Removal
Absence more Reprimand
Than 8 hrs. &
Less than 4
Consecutive Days
17. Solicitation and Written Removal
Accepting a Gift Reprimand
Less Than $100
18. Insubordination Written Removal
or Failure to Reprimand
Follow Direction
19. Misuse of Written Removal
College Property Reprimand
20. Violating Traffic Written Removal
Law While Operating Reprimand
College Vehicle
21. Perjury Written Removal
Reprimand
22. Violation of any Written Removal
College, Department Reprimand
or Division Regulation
or Order
23. The Threat, Attempt, Written Removal
or Use of Personal Reprimand
or Political Influence
in Securing Promotion,
65-200
Kind of Offense 1st 2nd 3rd
Occurrence Occurrence Occurrence
( 23. con’t. )
Leave of Absence,
Transfer, Change
of Pay Rate, or Character
in Work
24. The Inducement or Written Removal
Attempt to Induce an Reprimand
Officer or Employee of
the College to Commit an
Unlawful Act or To Act in
Violation of Any College,
Department, Division
Regulation or Order.
25. Serious Personal Corrective Written Removal
Misconduct Which Interview or Reprimand
Brings the Organization Written or Removal
Into Disrepute Reprimand
26. Unauthorized Corrective Written Removal
Absence 8 hrs. Interview Reprimand
Or Less
27. Fraudulent Use of Sick Corrective Written Removal
Leave. Interview Reprimand
28. Incompetence, Corrective Written Removal
Inefficiency in Interview Reprimand
Performing Job Duties
29. Neglect of Duty Corrective Written Removal
Interview Reprimand
30. Tardiness Corrective Written Removal
Interview Reprimand
65-200
31. Damage to OLC Corrective Written Removal
Property through Interview Reprimand
Negligence
32. Drug and Alcohol See Substance Abuse Policy
Offenses
F. Provisions Concerning Reduction in Forces.
The Board recognizes that the college, within these factors, may have no
alternative but to curtail or delete certain programs at the same time that other
programs are being retained, expanded, or added, depending upon the legitimate
educational needs of the community. Programs and services most necessary to
meet the needs of community, consistent with the philosophy and mission of the
college, are to be of highest priority when reduction in force is being considered.
As soon as it becomes apparent that a reduction in force may be necessary, all
staff of the college will be notified. Following this, the executive officers shall
estimate the number of reductions that can be accommodated by attrition.
Additionally, priority will be given to full-time over part-time personnel in those
programs affected. Furthermore, staff shall be given the opportunity to move into
other areas in the college where there may be vacancies in which they are
qualified. Also, staff persons shall be given the opportunity to upgrade
themselves into vacant positions, providing that such persons are reasonably
qualified to do so, and the college can accommodate such a move.
When staff reduction cannot be satisfied by the above methods and the
qualifications and abilities of staff in the programs affected are relatively equal,
seniority shall be the determining factor, in considering who shall be reduced. The
most recently employed staff shall be reduced first and additional reductions shall
proceed in that order.
G. Employee Requirement
When an employee is no longer employed with Oglala Lakota College, their
final paycheck will be held until all equipment, reports, and keys have been
turned in to the responsible parties.
H. Temporary Appointments.
Employees on temporary appointment can be released at any time without notice,
verbal or written.
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