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1. Purpose and Applicability

   Under the State Personnel and Pensions Article of the Annotated Code of Maryland, State agencies are prohibited from hiring an individual who has been terminated with prejudice from State service.  This policy establishes a separation reason called Termination with Prejudice for the ºÚÁÏÇ鱨վ (ºÚÁÏÇ鱨վ) and creates a procedure for complying with the statute.  This policy applies to all ºÚÁÏÇ鱨վ employees, including all nonexempt, exempt and overseas staff on regular and contingent status and faculty who are not in a temporary employment status.  Nonexempt staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable ºÚÁÏÇ鱨վ HR policies; where there is a conflict, the MOU will prevail.

2. Definitions
   1. Temporary Employment Status – For purposes of this policy, those hired for less than a single academic term/semester.
   2. Termination with Prejudice – Involuntary separation from ºÚÁÏÇ鱨վ employment for actions that are egregious to the extent that the employee does not merit employment in any capacity with the State.

3. General

   Through regular ºÚÁÏÇ鱨վ procedures, a department/unit may determine that an employee must be terminated from employment.

   1. In addition to the regular review of an instance of termination, the Chief Human Resources Officer (CHRO) shall determine if the case might fall under the Termination with Prejudice policy.  If the case falls under the Termination with Prejudice policy, the CHRO shall refer the case to the President or designee, who shall consult with appropriate ºÚÁÏÇ鱨վ legal counsel to determine whether the reason for the discharge meets the definition of Termination with Prejudice.
   2. ºÚÁÏÇ鱨վ’s notification of termination to the employee shall include any specific provisions of the termination, including whether the action is considered Termination with Prejudice and specifying the appeal process available to the employee.
   3. An employee, including a contingent staff employee, that has received a notification of Termination with Prejudice, shall be given an opportunity to appeal ºÚÁÏÇ鱨վ’s designation of Termination with Prejudice through the appropriate ºÚÁÏÇ鱨վ grievance or appeal procedure. For contingent staff employees, refer to P-VII-1.40-GC – Procedures for ºÚÁÏÇ鱨վ Policy on Contingent Status Employment.
   4. If the determination of Termination with Prejudice is not appealed or is upheld through the applicable appeal process, the name of the employee shall be entered into the State of Maryland’s Pre-Offer Check (POC) Database, and the employee may not be hired by any agency of the State of Maryland, including the ºÚÁÏÇ鱨վ.
   5. Before an offer of employment is made to a candidate, the designated representative of ºÚÁÏÇ鱨վ is required to determine whether the candidate’s name appears in the State’s POC Database.  According to the Annotated Code of Maryland, State Personnel and Pensions, Section 2-801, if the candidate’s name does appear, the candidate may not be employed by ºÚÁÏÇ鱨վ.

Implementation Procedures

The ºÚÁÏÇ鱨վ President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the ºÚÁÏÇ鱨վ community; and to post the policy and any applicable procedures on the ºÚÁÏÇ鱨վ website.

Reference:

Annotated Code of Maryland, State Personnel and Pensions, Section 2-801.

Replacement for:

USM BOR VII-1.24 – Policy on Termination with Prejudice

See all Human Resources Policies and Procedures