Term Contracts: Hearing Procedures for Termination Mid-Contract
Effective Date: April 1, 2026
Board Policy Reference: DMAA
Purpose
The purpose of this regulation is to outline the procedures for mid-contract terminations.
Applicability
This regulation applies to all College District contract employees. This regulation does not apply to at-will or non-contract employees.
Definitions
“Days” shall mean College District business days, unless otherwise noted.
“Faculty member” is a full-time contract employee whose primary duties include teaching or research.
“Termination” means the complete cessation of employment, compensation, and benefits, whether the termination is voluntary or involuntary.
Procedure for Preparing Notice of Proposed Termination
Review of Proposal
As required by Board Policy DMAA(LOCAL), before a notice of proposed termination is provided to the affected employee, the Administration shall review and assess the facts and circumstances of the employee’s conduct and the relevant evidence pertaining to the employee’s past and current performance, conduct, and behavior. The Office of Human Resources and Office of General Counsel shall review the proposed grounds to ensure compliance with policy and applicable legal standards.
Prior to issuing the written notice, the Office of Human Resources or designee will inform the affected employee in writing that the Administration intends to proceed with notice of termination mid-contract. If the employee declines to discuss with the Office of Human Resources or designee or if the employee is unavailable to discuss, the Administration may proceed with the preparation of the formal written notice.
Written Notice
The written notice shall describe the grounds for termination, set out in sufficient detail, to fairly enable the employee to show any error that may exist. The notice shall inform the affected employee of his or her right to a hearing under this regulation and the deadline for requesting a hearing.
The employee will have ten (10) days from the date of receipt of the notice to request a hearing.
The notice of proposed termination shall be provided to the employee via hand delivery or certified mail (return receipt requested). When the notice letter is sent via certified mail, a duplicate also shall be sent to the employee via electronic mail to the employee’s work email address and via regular first-class mail to the employee’s last known address as indicated in his or her personnel file. An email and first-class letter will be deemed to have been received on the third day after the day of mailing, excluding any intervening Sunday or federal holiday.
Employee’s Request for Hearing
The employee shall direct a request for a hearing to the Office of Human Resources or designee. If the employee timely requests a hearing, the hearing will be held prior to implementation of the termination. If the employee does not timely request a hearing, the termination will become final and will be implemented immediately. The employee shall be notified in writing that the termination has become final.
The employee’s request for a hearing must include the name, address and phone number of his/her representative or attorney, if any.
Reassignment or Administrative Leave With Pay Pending Hearing
The Chancellor may reassign or place the affected employee on administrative leave with pay in conjunction with issuance of the notice of proposed termination.
Grievance Under Education Code Section 51.960
A full-time faculty member’s request for a hearing pursuant to this regulation shall constitute the faculty member’s request to present a grievance pursuant to Texas Education Code Section 51.960, and the hearing process set forth in this regulation shall constitute the College District’s method for reviewing and acting on the faculty member’s grievance.
The Hearing
A. Appointment of Impartial Hearing Officer
- Hearings will be conducted by a third-party Hearing Officer, who shall be a licensed attorney in good standing with the State Bar of Texas and will not have had prior involvement with the events giving rise to the termination.
- The employee shall receive written notice of the name of the Hearing Officer within ten (10) days of requesting the hearing. If additional time is needed to engage a Hearing Officer, the Administration shall notify the affected employee.
- If the employee wishes to object to the Hearing Officer, he or she must do so within two (2) days after being notified of the name of the Hearing Officer. The employee must support the objection with factual information pertaining to the individual’s fitness or impartiality to serve. The Hearing Officer, in consultation with the Chancellor or designee, shall determine whether a different Hearing Officer should be appointed. The Chancellor or designee retains final authority to determine whether to disqualify the Hearing Officer. If the Hearing Officer is disqualified or withdraws, the Office of Human Resources or designee will appoint a new Hearing Officer.
B. General Rules
- The Office of Human Resources or other employee designated by the Chancellor shall serve as a facilitator regarding procedural matters such as securing a hearing room and arranging for the proceedings to be recorded.
- The Hearing Officer may hold, but is not required to hold, a pre-hearing meeting with the parties to consider any procedural matters or hearing logistics.
- After giving the affected employee and Administration a reasonable opportunity to provide input on scheduling, the Hearing Officer will notify the parties of the time, date, and place of the hearing. The hearing shall be held within thirty (30) days of the employee’s request for a hearing, unless the employee and the Administration mutually agree to an extension of time or unless the party requesting the extension has demonstrated good cause for an extension.
- Extensions of time are permitted if mutually agreed to or if the Hearing Officer determines that good cause exists. An employee who has been proposed for termination shall not impede or unduly delay the scheduling or holding of the hearing.
- An employee’s failure to update their postal address, refusal to accept delivery of a letter, or refusal or failure to open email will not constitute good cause for failure to comply with the deadlines stated in this regulation or the notice of the proposed termination.
- The hearing will be recorded, either electronically or by a court reporter. The record of the hearing will be maintained by the College District in accordance with the College District’s requirements for records retention and destruction. [See Board Policy CIA]
C. Conducting the Hearing
- Burden of Proof: The purpose of the hearing is to provide a fair process for evaluating the evidence in support of the proposal for termination and to make a recommendation for disposition to the Chancellor. The burden of proof is on the College District Administration to establish that good cause supports the proposed termination. The standard of proof is preponderance of the evidence. The Hearing Officer will consider the greater weight of the credible evidence.
- Objections: The Hearing Officer will rule on objections. Courtroom rules of evidence will not apply, although all evidence offered by either party must be relevant and material to the charges or the employee’s defense to the charges. The Hearing Officer may exclude cumulative or repetitive testimony. The Hearing Officer may impose reasonable time restrictions regarding the presentation of evidence or argument.
- Right to Cross-Examine: The affected employee and/or their representative may confront and cross-examine witnesses who may appear.
- Right to Testify: The affected employee has the right to testify but may not be required to do so.
- Administration’s Representative: The College District’s representative of the institution may present witnesses and evidence in support of the charge and may cross-examine the affected employee or other witnesses who testify.
- Order of Proceedings: Each party shall be permitted to present an opening statement. The Hearing Officer may place a reasonable time limit on opening statements, taking into consideration the complexity of the case. The Administration will present its witnesses and evidence, followed by the employee’s presentation of witnesses and evidence. The Hearing Officer may permit rebuttal testimony or evidence. The Hearing Officer may question any witness. The Hearing Officer may allow breaks or recesses. The Hearing Officer may, in the Hearing Officer’s sole discretion, permit closing arguments to be presented live at the hearing or in a written format after the close of the testimony.
- Exchanging Documents: The Hearing Officer shall set a reasonable time prior to the hearing (at least three (3) days before the hearing) for the parties to exchange witness lists and exhibit lists. Witness lists must provide the name of the witness, their title or employer, contact information, and a brief description of the witness’s knowledge. The parties must provide a copy of the materials to the Hearing Officer.
- Hearing Officer’s Recommendation: Barring unforeseeable circumstances, within fifteen (15) days following the close of the hearing, the Hearing Officer will provide the Chancellor with a written report with findings of material fact based on the evidence admitted at the hearing. The Hearing Officer shall determine whether the greater weight of the credible evidence supports the basis of the proposed termination. The Hearing Officer’s report shall state whether the Hearing Officer believes good cause exists to terminate the contract. A copy of the Hearing Officer’s report shall be provided to the employee, Office of Human Resources, and the Chancellor or designee.
D. Chancellor’s Review
The Chancellor or designee shall consider the written report of the Hearing Officer along with the record of the hearing in determining whether to accept or reject the recommendation. Within fifteen (15) days of the Chancellor’s receipt of the Hearing Officer’s report, the Chancellor shall issue a written decision. The Chancellor or designee may adopt, reject, or amend the Hearing Officer’s recommendation, including dismissing the proposal to terminate or imposing sanctions less than termination. If the Chancellor or designee approves the termination, it will be implemented immediately. If the Chancellor needs additional time due to the complexity of the matter or other exigent circumstances, the Chancellor will notify the employ and state when the decision will be completed.
The decision of the Chancellor or designee is final. However, the affected employee may address the Board during the public comment portion of a regularly scheduled Board meeting.