District of Columbia Administrative Code

1417 PART-TIME FACULTY APPOINTMENTS 1417.1 Contracts for persons employed for a teaching assignment of no more than six (6) semester hours or the equivalent shall be made on a semester basis. 1417.2 Part-time appointments may be made at all regular academic ranks. SOURCE: Final R…

1418 LAW LIBRARIAN 1418.1 In addition to meeting the other requirements for the faculty rank held, the Law Librarian shall have earned a degree in library science and shall have knowledge and experience in the administration of a law library. 1418.2 Because the duties and respons…

1420 RECRUITMENT AND HIRING OF FACULTY 1420.1 The Dean shall be responsible for recruitment and hiring of faculty. 1420.2 The Dean shall appoint a committee of faculty members to assist in the recruitment and hiring of faculty, including the following activities: (a) Contacting p…

1421 SUMMER APPOINTMENTS 1421.1 Summer faculty employment shall be optional with each faculty member. 1421.2 The Dean shall make summer faculty appointments. Full-time members of the faculty shall be given first priority for summer employment. 1421.3 Each regular faculty member t…

1422 FACULTY WITH ADMINISTRATIVE APPOINTMENTS 1422.1 A faculty member who serves in an administrative position shall be subject to the terms and conditions of employment applicable to the administrative position. 1422.2 The Dean shall designate those positions held by persons wit…

1423 FACULTY PROMOTION 1423.1 The promotion of members of the faculty shall be accomplished through the appointment process, in accordance with the provisions of this chapter. The appointment of a faculty member by the Dean at a higher rank than the faculty member currently holds…

1424 FACULTY TENURE 1424.1 The faculty shall adopt written criteria for determining whether to award tenure to a member of the faculty. The criteria shall conform to the American Bar Association Principles on Academic Freedom and Tenure. The criteria shall be subject to approval …

1600 GENERAL PROVISIONS 1600.1 It shall be the responsibility of all employees of the School of Law to seek the resolution of conflict, the prompt and equitable relief of personal concerns, and the redress of grievances in a fair and objective manner. 1600.2 The submission of a g…

1601 RIGHTS OF EMPLOYEES 1601.1 An employee who submits or seeks to submit a grievance in accordance with this chapter shall not be impeded or discouraged, nor shall the employee be subjected to any restraint, interference, discrimination, coercion, or reprisal in connection with…

1602 CONFERENCES AND HEARINGS 1602.1 Conferences and hearings held pursuant to the grievance procedures set forth in this chapter shall be closed to the public unless all parties to the grievance agree to hold an open session. 1602.2 Each conference or hearing held pursuant to th…

1603 APPLICABILITY AND COVERAGE OF GRIEVANCE PROCEDURES 1603.1 The grievance procedures set forth in this chapter shall be utilized for grievances that arise out of any misunderstanding, disagreement, dissatisfaction, concern, or other conflict with regard to an employee's own co…

1604 WITHDRAWAL, TERMINATION, AND FORFEITURE OF GRIEVANCES 1604.1 A grievance filed pursuant to this chapter may be withdrawn at any time at the request of the employee or the employee's representative. 1604.2 A grievance shall be deemed to have been withdrawn if the relief sough…

1605 INFORMAL SETTLEMENT OF GRIEVANCES 1605.1 All grievances shall be raised initially at the level where the conflict or situation giving rise to the grievance occurred. 1605.2 An employee must exhaust the informal grievance settlement procedures set forth in this section and §1…

1606 INFORMAL GRIEVANCE SETTLEMENT CONFERENCE 1606.1 Within three (3) working days of the presentation of the grievance, either initially or pursuant to a referral, the supervisor or other official to whom the grievance has been presented shall hold an informal conference with th…

1607 FORMAL GRIEVANCE PROCEDURE: STEP 4 – FINAL APPEAL TO THE PRESIDENT 1607.1 Within ten (10) days of the Step 3 decision or the expiration of the required period for a decision to be made, the grievant may appeal the action to the President. 1607.2 The appeal must be in writing…

1608 FORMAL GRIEVANCE PROCEDURES: STEP 2 1608.1 Except as provided otherwise in §1607.9, if the STEP 1 grievance process does not resolve the grievance to the satisfaction of the employee, the employee may follow the STEP 2 grievance procedures set forth in this section. 1608.2 A…

1700 GENERAL PROVISIONS 1700.1 The following adverse actions shall be subject to the rules and procedures set forth in this chapter: (a) Dismissal; (b) Suspension without pay; and (c) Demotion for cause. 1700.2 The provisions of §§1701 through 1709 shall not apply to any of the f…

1701 GROUNDS FOR ADVERSE ACTION 1701.1 Adverse action shall be taken only to promote the efficiency and discipline of the School of Law and shall not be taken for reasons that are arbitrary or capricious. 1701.2 Just cause for adverse action shall be any of the causes set forth i…

1702 NOTICE OF ADVERSE ACTION 1702.1 An employee who is the subject of an adverse action shall be given written notice of the ground(s) on which the adverse action is based. 1702.2 Each notice shall contain the reasons and basis for the ground(s) of the adverse action in sufficie…

1703 REVIEW OF ADVERSE ACTIONS 1703.1 An employee who has been suspended without pay for thirty (30) days or less shall be entitled to have the action reviewed by the Dean upon filing a request for review under §1703.2. 1703.2 A request for review of a suspension for less than th…

1704 STATUS DURING NOTICE PERIOD 1704.1 An employee who is the subject of an adverse action shall be retained in active duty status during the notice period, except as provided otherwise in this section. 1704.2 If the official effecting the adverse action determines that the rete…

1705 WRITTEN RESPONSE TO ADVERSE ACTION 1705.1 An employee shall be entitled to respond to the notice of adverse action in writing. 1705.2 A written response submitted under this section shall be submitted to the official effecting the adverse action. The request for review by th…

1706 ADVERSE ACTION HEARINGS 1706.1 An employee shall have the right to receive a hearing on a dismissal, demotion for cause, or suspension without pay for more than thirty (30) days pursuant to the provisions of this section, except in the following instances: (a) An employee wh…

1707 HEARING PROCEDURES AND SAFEGUARDS 1707.1 An employee shall be afforded the following safeguards in connection with the hearing held pursuant to this section: (a) The right to be represented by counsel or other representative of the employee's choice, at the expense of the em…

1708 CONDUCT OF HEARINGS 1708.1 The adverse action hearing shall be conducted by the Dean or the Dean's designee. The Dean may designate a single hearing officer or a panel of three (3) members (with a designated chairperson) to conduct the hearing. 1708.2 The Dean may designate …

1709 FINAL DECISIONS ON ADVERSE ACTIONS 1709.1 If the hearing is conducted by a hearing officer or panel, the official record, including the findings and recommendation of the officer or panel, shall be submitted to the Dean after receipt of exceptions to the findings and recomme…

1800 REDUCTION IN FORCE: GENERAL PROVISIONS 1800.1 The provisions of this chapter shall apply to all employees of the School of Law in the Educational Service, except as provided otherwise in this section. 1800.2 This reduction in force provisions of this chapter does not cover e…

1801 REDUCTION IN FORCE: ALTERNATIVE ACTIONS 1801.1 The Dean shall be responsible for planning work and organizing the work force of the School of Law to accomplish the work program within available resources. 1801.2 The Dean may determine that any one (1) or more the following a…

1802 AUTHORIZATION OF A REDUCTION IN FORCE 1802.1 If the Dean determines that a reduction in personnel is required pursuant to §1800.5, the Dean shall require that a reduction in force plan be prepared for his or her approval prior to the implementation of the reduction in force.…

1803 CORRECTIVE ACTIONS 1803.1 If the Dean, or the Dean's designee, finds that preparations for a reduction in force are contrary to the provisions of this chapter or would result in violation of employee rights under the law or a collective bargaining agreement, he or she shall …

1804 RESERVED SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

1805 RETENTION STANDING 1805.1 The retention standing of an employee shall determine whether an employee is entitled to compete with other employees for employment retention (and, if so, with whom) and whether the employee is retained or released. 1805.2 The retention standing of…

1806 WORK UNITS 1806.1 Employees in a work unit shall not compete with employees in another work unit. 1806.2 Positions funded by a particular grant or specific contract with an outside agency or contractor shall be treated as belonging to a separate work unit. 1806.3 Except for …

1807 COMPETITIVE LEVELS 1807.1 The Dean shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention. 1807.2 Assignment to a competitive level shall be based upon the employee's position of record for which the …

1808 RETENTION REGISTER 1808.1 A retention register shall be established in every reduction in force whenever a competing employee is released from his or her position of record, even when no separation from employment occurs. 1808.2 A separate retention register shall be prepare…

1809 RETENTION STANDING: TENURE CATEGORIES 1809.1 The name of each competing employee shall be listed on the retention register in the order of his or her retention standing. 1809.2 Competing employees shall be categorized on a retention register in the categories listed in §§180…

1810 RETENTION STANDING: LENGTH OF SERVICE 1810.1 Creditable service in determining length of service shall include all federal, District government, and military service otherwise creditable for Civil Service retirement purposes. Creditable service shall be determined in accorda…

1811 RETENTION STANDING: VETERANS PREFERENCE 1811.1 Veterans preference eligibility shall be determined in accordance with applicable federal law and regulations. 1811.2 A retired member of a military service shall be considered a preference eligible under this chapter only if he…

1812 EFFECTIVE DATE OF RETENTION STANDING 1812.1 The retention standing of each employee released from his or her competitive level shall be determined as of the date of release. 1812.2 When the School of Law discovers an error in the determination of an employee's retention stan…

1813 RECORDS 1813.1 The School of Law shall maintain the current, correct records needed to determine the retention standing of competing employees. 1813.2 The School of Law shall allow inspection of retention registers and related records by the following: (a) An employee of the…

1814 RESERVED SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

1815 RELEASE FROM COMPETITIVE LEVEL 1815.1 A competing employee shall not be released from a competitive level while either of the following is retained in that level: (a) An employee with a specifically limited temporary appointment; or (b) An employee with a specifically limite…

1816 MANDATORY EXCEPTIONS 1816.1 When employees are released from their competitive levels under §1815, the special retention preferences outlined in this section shall be applicable. 1816.2 Preference eligible employees entitled to retention for one (1) year after restoration un…

1817 SALARY RETENTION 1817.1 An employee who is placed in a lower grade/level position as a result of a reduction in force shall continue to receive his or her current rate of pay for six (6) months. 1817.2 After the expiration of the salary retention period under §1817.1, the sa…

1818 NOTICE TO EMPLOYEES 1818.1 Each competing employee selected for release from his or her competitive level under this chapter shall be entitled to written notice of not less than thirty (30) full calendar days before the effective date of the employee's release. 1818.2 A noti…

1819 CONTENT AND DELIVERY OF REDUCTION IN FORCE NOTICE 1819.1 Each reduction in force notice shall state the following: (a) The action to be taken and its effective date; (b) The employee's work unit, competitive level, tenure category, and service date; (c) The place where the e…

1820 REEMPLOYMENT PRIORITY PROGRAM 1820.1 The School of Law shall establish and maintain a reemployment priority list. The provisions of this section shall not apply to employees in work units established for grants and positions funded by specific contracts. 1820.2 An employee's…

1821 APPOINTMENT FROM AGENCY REEMPLOYMENT PRIORITY LIST 1821.1 When a qualified person is available on the agency reemployment priority list, an Educational Service position shall not be filled by the following: (a) A new appointment; or (b) Reemployment of a person not on the ag…

1822 - 1824 RESERVED SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).