Section 250.110 Separations and Demotions

Section 250

Section 250.110  Separations

and Demotions

a)         Resignation.  An employee having a nonstatus or status

appointment, as described in Sections 250.70 and 250.80, may resign by

presenting a signed resignation to their employer or by demonstrating to the

employer by other means their intent to separate from employment.  Upon receipt

of a signed resignation by the employee or other evidence of intent to separate

from employment, the employee will be separated from their employer.  The

employer shall maintain all resignations or other documentation of evidence in

accordance with the employer's record retention policy.

b)         Leave of Absence

1)         Leave of Absence for Classification Changes.  A status

employee who accepts a position that represents a promotion in a class outside their

promotional line shall be granted a leave of absence from a position of their

former class for the duration of any intern appointment, provisional

appointment, and/or probationary period in the new class.

2)         Leave of Absence for Disciplinary Actions.  An employee placed

on a Disciplinary Suspension or on a Suspension Notice Pending Discharge shall

be placed on a leave of absence from their position.

3)         Leave of Absence for Disability Leave

A)        If an employee is no longer able to perform the duties and

responsibilities of their position in the class due to a disability as determined

by the employer's medical and/or psychological evaluation procedures and/or in

accordance with State and federal laws, the employee will be required to take a

disability leave in accordance with subsection (b)(3)(B)

Absence for Disability Leave

A)        If an employee is no longer able to perform the duties and

responsibilities of their position in the class due to a disability as determined

by the employer's medical and/or psychological evaluation procedures and/or in

accordance with State and federal laws, the employee will be required to take a

disability leave in accordance with subsection (b)(3)(B).

B)        A status employee who becomes eligible for disability benefits

to be paid by the employer or, as later determined, by the Illinois State

retirement system to which the employee contributed or becomes eligible for

payment benefits as defined by the Workers' Compensation Act [820 ILCS 305],

the Illinois Occupational Diseases Act [820 ILCS 310], or a State self-insurance

program, shall be granted a disability leave.  The disability leave shall be

the period for which the employee applies for such benefits until the time of

the expiration of the benefits or a final administrative decision denying or

terminating the benefits, including any gap in benefit payments between the

expiration of institutional benefits and those available under the approving

authority.

C)        The employer may require an employee to take a medical and/or

psychological examination prior to returning to work after a disability leave.

The examination shall be conducted by a licensed practitioner selected by the

employer to determine the physical and/or mental capability to perform the

essential duties of the employee's position.  The employer may supply the

examining practitioner with facts relating to the employee's difficulty or

inability to perform the essential functions of the job and may supply

additional information, including but not limited to physical and mental

requirements of the employee's position, duty statement, job classification

specification, and position description

ies of the employee's position.  The employer may supply the

examining practitioner with facts relating to the employee's difficulty or

inability to perform the essential functions of the job and may supply

additional information, including but not limited to physical and mental

requirements of the employee's position, duty statement, job classification

specification, and position description.  The employee may also present an

alternative opinion provided by a licensed practitioner to be selected and paid

for by the employee.  If there is a difference of opinion, a third outside practitioner

shall be selected by the 2 physicians.  The employer shall pay for all

examinations except those initiated by the employee.

D)        An employee's refusal to submit to an examination as described

in subsection (b)(3)(C), the unexcused failure to appear for such an

examination, or the refusal to release the results of the examination may be

deemed by the employer as an acknowledgment that the employee is not fit for

duty and may subject the employee to termination actions as defined in

subsection (c).

E)        A disability leave may be revoked by the employer upon evidence

that the cause for granting the leave was misrepresented.

F)         At the expiration of all disability benefits, an employee

shall be entitled to return to a position in their class without any loss of

status due to the disability leave, providing that they return upon the

expiration of all disability benefits to which entitled.

G)        Reemployment

i)          If

an employee does not return to work at the expiration of all disability

benefits and is terminated in accordance with subsection (c)(2), the employee

may, within one year following the expiration of all disability benefits,

request reinstatement and, the employer shall place the employee's name on the

reemployment register in the class in which they were employed at the time the

disability leave was granted and in accordance with total seniority earned

disability

benefits and is terminated in accordance with subsection (c)(2), the employee

may, within one year following the expiration of all disability benefits,

request reinstatement and, the employer shall place the employee's name on the

reemployment register in the class in which they were employed at the time the

disability leave was granted and in accordance with total seniority earned.

ii)         If,

within one year following the expiration of all disability benefits, the

employee requests reinstatement, but, because of their disability, is deemed

unable to perform the duties in the class, the employee may be required to pass

physical or other tests to determine employability under the University System.

4)         Military

Leave of Absence.  An employee shall be granted a Military Leave of Absence in

accordance with State and federal laws and regulations.

5)         Notification

A)        The employer may select:

i)          to notify the Executive Director of all leaves of absence,

including military, disability, or any other leave otherwise granted; or

ii)         to maintain these records for inspection upon request by the

Executive Director or designee during the on-site audit program or other

specified time.

B)        The notification shall include the beginning and ending dates

of leaves that exceed 30 calendar days of non-pay status.

c)         Termination

1)         An employee having a non-status appointment, as described in

Section 250.70, may be terminated by their employer at any time during the

training period and/or upon completion of the work assignment.

2)         An employee on a disability leave, as defined in subsection

ude the beginning and ending dates

of leaves that exceed 30 calendar days of non-pay status.

c)         Termination

1)         An employee having a non-status appointment, as described in

Section 250.70, may be terminated by their employer at any time during the

training period and/or upon completion of the work assignment.

2)         An employee on a disability leave, as defined in subsection

(b)(3), who has exhausted all of their disability benefits and is unable to

resume the duties and responsibilities of a position in their class may be

terminated from employment in accordance with subsection (c)(6), or the

employer and employee may agree upon employment in a more suitable

classification.  The alternative employment options shall be subject to

standard civil service employment protocols.

3)         An employee who fails to report for duty after a disability

leave of absence has expired or has been denied, disapproved, revoked, or

canceled by the approving authority, or any other failure to report for duty as

scheduled after a disability leave of absence, may be terminated from

employment in accordance with subsection (c)(6).

4)         An employee who fails to report for duty after they have

exhausted benefits under the Family and Medical Leave Act (FMLA) may be

terminated from employment in accordance with subsection (c)(6).

5)         An employee who fails to maintain their right to work in the

United States, as evidenced by a Permanent Resident Card (also known as a Green

Card), an Employment Authorization Document (also known as a work permit), or

an employment-related visa granted by the government of the United States, shall

have their employment terminated as of the last date that employee had a right

to work in the United States.  It is the responsibility of the employee to do

all things necessary to maintain their right to work in the United States, as governed

by U.S. law.  The employer shall notify the employee of the termination

an employment-related visa granted by the government of the United States, shall

have their employment terminated as of the last date that employee had a right

to work in the United States.  It is the responsibility of the employee to do

all things necessary to maintain their right to work in the United States, as governed

by U.S. law.  The employer shall notify the employee of the termination.

6)         Appropriate notification shall be provided to an employee, as

specifically referenced in subsections (c)(2), (c)(3) and (c)(4), which shall

include the notification provisions outlined in this subsection (c)(6).

A)        The employer shall notify the employee that they will be

terminated from the employer's service to become effective 7 calendar days from

the date of mailing of the notification to the employee.  The notification shall

be sent by an overnight delivery service that requires a signature upon receipt

to the most recent address of the employee as shown on the employer's records.

B)        At any time prior to the effective date of termination, the

employee shall have the opportunity to provide to the employer evidence of the

reason for the unauthorized absence.  The employer shall revoke the termination

if the employee provides satisfactory evidence of the reason for the

unauthorized absence.  If the employer determines that the evidence is not

satisfactory, the employer shall notify the employee within 2 workdays that the

termination will remain in effect.

C)        Pursuant to Section 250.130 (Review Procedures), the employee

may request a review of the employer's final notice of termination.  The review

is limited to a determination of whether this Section has been properly applied

and whether the employer's decision is deemed arbitrary or capricious.  In the

event a review is not requested within the allotted timeframe, the employee's

termination from service shall be effective 7 calendar days after the original

notification

review of the employer's final notice of termination.  The review

is limited to a determination of whether this Section has been properly applied

and whether the employer's decision is deemed arbitrary or capricious.  In the

event a review is not requested within the allotted timeframe, the employee's

termination from service shall be effective 7 calendar days after the original

notification.

d)         Layoff

1)         The Executive Director shall be provided with all notices of

layoff within 3 workdays of any notice to an employee, of all employees on

layoff status, together with the dates of the beginning of layoff and of return

to employment from layoff status, when the layoff exceeds 30 consecutive workdays.

A status employee shall receive a written notice, at least 30 calendar days in

advance of the effective date of the layoff when the layoff exceeds 30

consecutive workdays; however, the effective date of layoff may be extended up

to 15 calendar days without the requirement of further notice.

2)         Whenever it becomes necessary to lay off one or more

employees, except as provided in subsection (d)(3), the employee who has the

least amount of service in the class shall be laid off first, and additional

layoffs shall be made in the ascending order of the place of the employee on

the service and seniority lists for that class.

3)         An employee who is the incumbent of a position for which the Executive

Director has authorized specialized certification under Section 250.60(d)(9),

or who is the incumbent of a position that has previously been identified as

requiring specialized training or experience as required by the position in

accordance with minimum acceptable qualifications for the class, may not be bumped

by another employee with greater seniority unless the employee with greater

seniority possesses the special and identified qualifications authorized for

the incumbent's position

mbent of a position that has previously been identified as

requiring specialized training or experience as required by the position in

accordance with minimum acceptable qualifications for the class, may not be bumped

by another employee with greater seniority unless the employee with greater

seniority possesses the special and identified qualifications authorized for

the incumbent's position.

4)         Whenever it becomes necessary to reemploy one or more

employees in a class, the employee last laid off by seniority shall be

reemployed first, and further reemployment shall be made in the order of

seniority until the reemployment register for that class is exhausted.  Work of

short duration requiring reemployment of one or more employees will not require

a new written 15 calendar day advance notice of layoff if the work period is to

be 5 consecutive working days or less and the work is emergent in nature.

5)         A status employee who is subject to layoff from a part-time

position may bump an employee in a full-time status position, providing the

part-time employee's equivalent full-time accrued seniority based on hours in

pay status is greater than that of the least senior employee in a full-time

position.  A full-time status employee who is subject to layoff may bump the

least senior full-time employee, who then may bump the part-time employee

having the highest percent-time appointment, providing the full-time employee

has more accrued seniority.

6)         Names of employees laid off during their probationary periods

shall be returned to the register from which they were certified to their

position in accordance with service in a status appointment earned as of the date

of layoff.

e)         Disciplinary Suspension.  An employer may suspend an employee

as a disciplinary measure for not more than 30 calendar days

ore accrued seniority.

6)         Names of employees laid off during their probationary periods

shall be returned to the register from which they were certified to their

position in accordance with service in a status appointment earned as of the date

of layoff.

e)         Disciplinary Suspension.  An employer may suspend an employee

as a disciplinary measure for not more than 30 calendar days.

1)         The employer shall discuss the specific problem pertaining to the

contemplated suspension with the employee and the Human Resource Director or their

designee before a suspension notice is served.  The employee shall be told at

that time that suspension is being considered.

2)         In imposing a disciplinary suspension, the employer shall

serve a written suspension notice on the employee showing the reason or reasons

for the suspension, and shall, within 3 workdays,  report the suspension to the

Executive Director and shall send a copy of the notice served on the employee,

along with proof of service, to the Executive Director.

3)         Causes justifying suspension, not discharge as provided for in

subsection (f)(1), shall include, but are not limited to:  unauthorized and

unexcused absence; leaving work without authority; failure to accurately record

one's arrival for and/or departure from work; habitual lateness; recording

another person's arrival for and/or departure from work; falsification of

documents; key duplication and/or unauthorized possession of keys;

misrepresentation of absence; falsification of records; refusal to do work

assigned; failure to follow work schedules; failure to follow time schedules; rude,

disrespectful, and/or unprofessional behavior; failure to adhere to

departmental regulations of appearance; disregard of safety regulations;

careless workmanship resulting in spoilage, waste, or delay; unauthorized use

of institutional property; gambling on institutional property; creating or

contributing to unsanitary conditions; horseplay or scuffling; fighting;

sleep

time schedules; rude,

disrespectful, and/or unprofessional behavior; failure to adhere to

departmental regulations of appearance; disregard of safety regulations;

careless workmanship resulting in spoilage, waste, or delay; unauthorized use

of institutional property; gambling on institutional property; creating or

contributing to unsanitary conditions; horseplay or scuffling; fighting;

sleeping during working hours; unauthorized visiting; failure to follow

official university policy and procedures; reporting to work with one's mental

or physical ability, alertness, or judgment impaired by substances and/or

fatigue in a way that makes it impracticable or unsafe to perform one's job

duties; and inability or failure to perform assigned duties in a competent and

satisfactory manner.

AGENCY NOTE:

It is to be noted that an employee's allegation that a Disciplinary Suspension

was unfairly imposed is subject to the grievance procedure established by the

employing institution but is not reviewable by the University System.

f)         Discharge Proceedings and Effective Date of Discharge

1)         Reason for Discharge.  Causes justifying discharge and any

suspension during the discharge proceedings shall include, but are not limited

to:

A)        all those listed as cause for suspension if they become

recurring offenses; and

B)        theft; consuming intoxicating liquors or other illicit drugs on

institutional time or property; consuming intoxicating substances resulting in

mental impairment at work; malicious damage to property, tools, or equipment;

inciting or instigating a physical altercation, or continuing a physical

altercation beyond immediate self-defense; immoral or indecent conduct that

violates common decency or morality; conduct that is a clear departure from

ordinary standards of honesty, good morals, justice, or ethics so as to cause shock

to the moral sense of the community.

2)         Pre-discharge Proceedings

A)        Notification Procedures

ing a physical altercation, or continuing a physical

altercation beyond immediate self-defense; immoral or indecent conduct that

violates common decency or morality; conduct that is a clear departure from

ordinary standards of honesty, good morals, justice, or ethics so as to cause shock

to the moral sense of the community.

2)         Pre-discharge Proceedings

A)        Notification Procedures.  Prior to initiating any proceedings

before the Merit Board for the discharge of an employee, the employer shall

notify the employee in writing, served upon the employee in person if the employee

is present on the job or, otherwise, by an overnight delivery service that

requires signature upon receipt to the most recent address of the employee as

shown on the employer's records, and also by First Class U.S. Mail, of the employer's

intention to initiate the proceedings.  The notification shall advise the employee

of the substance of the charges proposed to be filed in sufficient detail to

inform the employee of the nature of the conduct on which the proposed charges

are based.  (Note:  It is the employee's responsibility to maintain a current

mailing address with their employer.)  The notification shall also advise the employee

that either or both of the following options are available to the employee:

i)          within 3 workdays after service of the employer's

notification, the employee may notify the employer of their decision to require

the employer to hold a conference with the employee or their representative for

the purposes of responding to the matters contained in the notification and of

attempting to achieve a reconciliation or understanding; and

ii)         within 3 workdays after service of notification, the employee

may deliver to the employer a written response to the matters contained in the employer's

notification; provided that, if the employee elects to require the conference

identified in subsection (f)(2)(A)(i), at that conference the employee may

request and receive an opportunit

chieve a reconciliation or understanding; and

ii)         within 3 workdays after service of notification, the employee

may deliver to the employer a written response to the matters contained in the employer's

notification; provided that, if the employee elects to require the conference

identified in subsection (f)(2)(A)(i), at that conference the employee may

request and receive an opportunity to respond further in writing within 3 workdays

after the conclusion of the conference.

B)        Employer's Decision

i)          Within 7 workdays after compliance with the provisions of

subsection (f)(2)(A), the employer shall either:

•           notify the employee that no further action will be taken to

initiate discharge proceedings with the Merit Board against the employee based

solely on the matters contained in the employer's notification; or

•           initiate proceedings before the Merit Board under this subsection

(f) seeking the discharge of the employee based solely on the matters contained

in the employer's notification.

ii)         The employer's election not to initiate discharge proceedings

with the Merit Board shall not preclude the employer from imposing a suspension

in accordance with subsection (e) or some lesser penalty.

C)        Excused Absence with Pay.  An employee who has been served with

an employer's notification as provided in subsection (f)(2)(A) may be placed on

an excused absence with pay during all or any part of the period covered by this

subsection (f)(2) to provide the employer an opportunity to investigate serious

charges.

3)         Actual Discharge Proceedings

A)        Initiating Discharge Proceedings

Excused Absence with Pay.  An employee who has been served with

an employer's notification as provided in subsection (f)(2)(A) may be placed on

an excused absence with pay during all or any part of the period covered by this

subsection (f)(2) to provide the employer an opportunity to investigate serious

charges.

3)         Actual Discharge Proceedings

A)        Initiating Discharge Proceedings.  Proceedings before the Merit

Board seeking the discharge of an employee shall be initiated by the employer by

completing and filing a Written Charges for Discharge form with the Merit Board/University

System, employee, legal counsel for the employer, and the employer, setting

forth the causes for discharge in sufficient detail to inform the employee of

the nature of the conduct on which the charges are based.  The Written Charges

for Discharge form shall be set forth in separately numbered charges.  Also,

the employer shall develop and attach a document that contains the dates, names

of persons, places and facts necessary to properly allege the cause for

discharge.  If a breach of duty, statute, or rule of the employer is alleged,

the statute, law, or rule shall be cited in connection with the charge. Any and

all exhibits that the employer plans to present at the time of the hearing

shall be submitted in accordance with subsection (f)(5)(G) or as appropriate to

the circumstances.  The exhibits shall not be attached to the Written Charges

for Discharge form.

B)        Written Charges for Discharge Form.  The Written Charges for

Discharge form will be provided by the University System and the employer shall

include the following information on the form:  employee's contact information

as it appears in the employer's records; civil service class and position

number; place of employment; charges in numbered format and clearly stated;

DER's signature; and the "Proof of Service on Employee" section shall

be completed in its entirety

rm will be provided by the University System and the employer shall

include the following information on the form:  employee's contact information

as it appears in the employer's records; civil service class and position

number; place of employment; charges in numbered format and clearly stated;

DER's signature; and the "Proof of Service on Employee" section shall

be completed in its entirety.  The employer shall also attach a "Certification"

stating that all procedures set forth in subsection (f)(2) have been followed

and that there has been full compliance with any options elected by the employee.

The certification shall include the employee's name; civil service class and position

number; signed and dated.  At the time the Written Charges for Discharge form and

the certification are filed with the Merit Board (University System), the employer

shall also serve copies upon the employee in person if the employee is present

on the job; otherwise, service shall be by an overnight delivery service that

requires a signature upon receipt to the most recent address of the employee as

shown on the employer's records, and also by First Class U.S. Mail.  The employer

shall file proof of service with the Merit Board (University System).  The DER

shall sign the Written Charges for Discharge form to be filed with the Merit

Board (University System) and the employer.

C)        Amended Written Charges for Discharge Form.  At any time prior

to the commencement of the hearing, the Executive Director may direct or

authorize the Written Charges for Discharge form to be amended to correct

technical defects or to set forth additional facts or allegations that clarify

the subject matter of the original charges.  The technical amendments shall

relate back to the original proof of service date of the Written Charges for

Discharge form

to the commencement of the hearing, the Executive Director may direct or

authorize the Written Charges for Discharge form to be amended to correct

technical defects or to set forth additional facts or allegations that clarify

the subject matter of the original charges.  The technical amendments shall

relate back to the original proof of service date of the Written Charges for

Discharge form.  The employer shall serve copies of the Amended Written Charges

for Discharge form upon the employee in person if the employee is present on

the job; otherwise, service shall be by an overnight delivery service that

requires a signature upon receipt to the most recent address of the employee as

shown on the employer's records, and also by First Class U.S. Mail.  The

employer shall file "Proof of Service on Employee" for the amended

charges, on the form provided by the University System.  Nothing in this

subsection (f)(3)(C) shall change the timing requirements in subsection (f)(5).

D)        Suspension Without Pay.  An employee who has been served with

Written Charges for Discharge in accordance with subsections (f)(3)(A) and (B) and/or

(C) may be suspended without pay by the employer during all or any part of the

period that the discharge proceeding is pending, and until final disposition,

if the employer is of the opinion that the employee's presence on the job might

constitute a substantial risk of injury to life or property, or might cause a

disruptive effect on the employer's operations.  Any suspension without pay

shall become effective on the date the employer serves the Suspension Notice

Pending Discharge form upon the employee.  The Suspension Notice Pending

Discharge form may be served with the Written Charges for Discharge form or on

any date thereafter, or until a decision is made by the Merit Board

erty, or might cause a

disruptive effect on the employer's operations.  Any suspension without pay

shall become effective on the date the employer serves the Suspension Notice

Pending Discharge form upon the employee.  The Suspension Notice Pending

Discharge form may be served with the Written Charges for Discharge form or on

any date thereafter, or until a decision is made by the Merit Board.  The

Suspension Notice Pending Discharge form shall include the following:

employee's contact information as it appears in the employer's records; civil

service class and position number; place of employment; date of suspension;

date the Written Charges for Discharge form was served; DER's signature; and

proof of service on employee shall be completed in its entirety.  Service shall

be upon the employee in person if the employee is present on the job; otherwise,

service shall be by an overnight delivery service that requires a signature

upon receipt to the most recent address of the employee as shown on the employer's

records, and also by First Class U.S. Mail.  The employer shall file the

Suspension Notice Pending Discharge form, with the Merit Board (University

System), employee, legal counsel for the employer, and employer.

4)         Effective Date of Discharge When There Is No Request for

Hearing.  Once an employer files the Written Charges for Discharge on the

employee and the employee does not file a written request for a hearing with

the Secretary for the Merit Board within the required 15 calendar days from the

date specified in the "Proof of Service on Employee" section on the

Written Charges for Discharge form, the employee's discharge shall become

effective at the end of the 15-day period.  No further action shall be taken by

the Merit Board.  The Secretary for the Merit Board shall promptly notify the

employer of the employee's failure to file a timely written request for a hearing.

5)         Written Hearing Request/Timing of Parties' Actions

A)        Written Request for Hearing

or Discharge form, the employee's discharge shall become

effective at the end of the 15-day period.  No further action shall be taken by

the Merit Board.  The Secretary for the Merit Board shall promptly notify the

employer of the employee's failure to file a timely written request for a hearing.

5)         Written Hearing Request/Timing of Parties' Actions

A)        Written Request for Hearing.  An employee who has been served

with Written Charges for Discharge may request a hearing by filing a written

request for a hearing with the Secretary for the Merit Board within 15 calendar

days from the "Proof of Service on Employee" section on the Written

Charges for Discharge form.  Any request for a hearing must include a postal

address, a telephone number where the employee can be reached, and/or an email

address where notices to the employee under this subsection (f) shall be sent.

If the employee provides a personal email address, the employee agrees to

accept notices under this subsection (f).  The employee shall notify the

Secretary for the Merit Board and the employer of any change to their contact

information.  The Secretary for the Merit Board shall immediately acknowledge

receipt of the request for a hearing and notify the employer that the employee

has filed a request for a hearing.  Thereafter, further proceedings shall be as

provided in this subsection (f), and any discharge shall be effective on the

date of the Decision and Order of the Merit Board, unless otherwise expressly

stated in the order.

B)        Notice

of Convening of Hearing and Order.  The University System shall issue a Notice

of Convening of Hearing to the parties of record.  This notice shall contain

the date, time, and place of the hearing or manner (in-person or via a video

conference) at the sole discretion of the Executive Director.  The University

System may also issue an order providing further instructions to the parties of

record.

C)        Requests for Documents and Other Tangible Items

ll issue a Notice

of Convening of Hearing to the parties of record.  This notice shall contain

the date, time, and place of the hearing or manner (in-person or via a video

conference) at the sole discretion of the Executive Director.  The University

System may also issue an order providing further instructions to the parties of

record.

C)        Requests for Documents and Other Tangible Items.  Any party may,

by written request, direct any other party to produce for inspection, copying,

reproduction, photographing, testing, or sampling specified documents,

including electronically stored information, objects, or tangible things

relevant to the Written Charges for Discharge or the employee's defense to the

charges.

i)          The

request shall specify a reasonable time and place for production or review of

the requested items no fewer than 10 calendar days prior to the scheduled

hearing.

ii)         A

party directed to produce documents or other tangible items that are unable to

produce the requested items by the date requested by the other party may file

an objection or request an extension of time to produce the requested items.  The

objection or request for an extension of time shall be sent to the Executive

Director and shall state the cause of the anticipated delay.

iii)        All

written requests or objections under this subsection (f)(5)(B) shall be served

on the Secretary for the Merit Board at the same time it is served on the other

party.

iv)        All

actions taken under this subsection (f)(5)(D) shall be taken as early as

practicable and shall be taken in good faith.

D)        Evidence

Depositions.  Upon request to the Executive Director and upon good cause shown

(which shall include, but is not restricted to, the potential unavailability of

a witness at the time the hearing is scheduled, scheduling or travel

arrangement considerations, or agreement of the parties), any party may request

a deposition of any witness to be taken for evidence in a hearing

h.

D)        Evidence

Depositions.  Upon request to the Executive Director and upon good cause shown

(which shall include, but is not restricted to, the potential unavailability of

a witness at the time the hearing is scheduled, scheduling or travel

arrangement considerations, or agreement of the parties), any party may request

a deposition of any witness to be taken for evidence in a hearing.  The use of

this provision shall be severely restricted and designated as a "last

resort" option.  If desired, subpoenas may be requested upon application

to the Executive Director in a manner consistent with this Part.  The

deposition shall proceed in the manner provided by law for depositions in civil

actions in the circuit courts of the State of Illinois.

E)        Subpoena.

A request for a subpoena shall be directed to the Executive Director at least 5

calendar days before the scheduled hearing unless an exception is granted by

the Executive Director.  A subpoena requests may be granted if reasonably

designed to produce or lead to the production of evidence related to the

alleged charges, and the terms of compliance are reasonable given the time

frames and other circumstances.  The party requesting the subpoena shall be

responsible for service and costs related to the witness's subpoena.  A

subpoena may be served by personal delivery of an executed original to the

individual or by leaving an executed original at the individual's usual place

of abode, with some person of the family who is age 13 years or older, provided

the server also sends a copy of the subpoena, postage prepaid, addressed to the

individual at the individual's usual place of abode.  The fees of the witnesses

for attendance and travel shall be the same as the fees of witnesses before the

circuit courts of the State of Illinois.  A subpoena is effective throughout

the course of the proceedings

he family who is age 13 years or older, provided

the server also sends a copy of the subpoena, postage prepaid, addressed to the

individual at the individual's usual place of abode.  The fees of the witnesses

for attendance and travel shall be the same as the fees of witnesses before the

circuit courts of the State of Illinois.  A subpoena is effective throughout

the course of the proceedings.  A request for a subpoena must be submitted in

writing and include the following:

i)          the

name of the employee, employer, and case number;

ii)         the

name and address of the witness sought;

iii)        date

and time of the hearing;

iv)        any

specific documents the witness will be required to bring;

v)         a

brief statement of the relevant facts or testimony that the witness will be

providing; and

vi)        information

regarding the party requesting the subpoena.

F)         Witness

and Proposed Exhibit Lists and Proposed Exhibits for Hearing

i)          At

least 5 workdays prior to the hearing, each party shall serve upon the other

party and file a copy with the Secretary for the Merit Board, to be submitted

to the Hearing Board or Hearing Officer, the following information to the

extent available at that time:

Ÿ

a list of the names and

addresses of the witnesses the party proposes to call in its case-in-chief;

Ÿ

all documents the employer

proposes to offer in its case-in-chief shall be pre-marked using Arabic numerals

(e.g., 1, 2, 3 numbered; and

Ÿ

all documents the employee

proposes to offer in its case-in-chief shall be pre-marked using capital

English letters (e.g., A, B, C).

ii)         The

University System will provide each party Bates numbered documents of all the

proposed exhibits.

G)        Commencement

of Discharge Hearing

s to offer in its case-in-chief shall be pre-marked using Arabic numerals

(e.g., 1, 2, 3 numbered; and

Ÿ

all documents the employee

proposes to offer in its case-in-chief shall be pre-marked using capital

English letters (e.g., A, B, C).

ii)         The

University System will provide each party Bates numbered documents of all the

proposed exhibits.

G)        Commencement

of Discharge Hearing.  The Executive Director, the Hearing Board or Hearing

Officer, the employee, and the employer shall all make good faith efforts to

commence the hearing within 10 calendar days after receipt of the employee's

written request for a hearing, but in no event shall the hearing commence later

than 45 calendar days after service of the Written Charges for Discharge as

stated in the proof of service, unless a continuance is granted pursuant to

subsection (f)(15)(B).  Dilatory tactics or actions will not be permitted.  The

Executive Director, the Hearing Board or Hearing Officer, the employee, and the

employer shall all make good faith efforts to conduct the hearings in no more

than 3 hearing days unless justice, due process, and fundamental fairness

require otherwise.

6)         Hearing Proceedings

A)        Appointment of Hearing Board or Hearing Officer.  Upon receipt

of the employee's written request for a hearing on the Written Charges for

Discharge, the University System shall promptly appoint a Hearing Board or

Hearing Officer to hear the charges and the employee's response.

B)        Disqualification of Assigned Hearing Board or Hearing Officer.  A

Hearing Board or Hearing Officer may be disqualified on grounds of bias or

conflict of interest.  An adverse ruling, or the fact that a Hearing Board or

Hearing Officer has had contact with the University System, by itself, shall

not constitute bias or conflict of interest.

i)          Disclosing

a Potential Conflict of Interest

isqualification of Assigned Hearing Board or Hearing Officer.  A

Hearing Board or Hearing Officer may be disqualified on grounds of bias or

conflict of interest.  An adverse ruling, or the fact that a Hearing Board or

Hearing Officer has had contact with the University System, by itself, shall

not constitute bias or conflict of interest.

i)          Disclosing

a Potential Conflict of Interest.  The Hearing Board or Hearing Officer shall

communicate with the Executive Director and all parties immediately upon

suspecting that the Hearing Board or Hearing Officer may have a conflict of

interest.

ii)         Whenever

any party believes a Hearing Board or Hearing Officer should be disqualified

from conducting an assigned proceeding, that party may file a request with the

Executive Director to disqualify the Hearing Board or Hearing Officer, setting forth

by affidavit the alleged grounds for disqualification, with proof of service on

all parties.  The Executive Director shall rule and make the final

determination on all requests for disqualification.

iii)        The

Executive Director, on their own motion, may disqualify a Hearing Board or

Hearing Officer if the Hearing Board or Hearing Officer has deviated from, or

failed to comply with, this subsection (f), and such disqualification, in the

judgment of the Executive Director, is required for justice, due process, and

fundamental fairness.

iv)        Upon

the disqualification of any Hearing Board or Hearing Officer under this

subsection (f)(6)(B), a new Hearing Board or Hearing Officer shall be appointed

by the Executive Director.  If the hearing has already been convened, the

parties of record shall be notified of the disqualification and the appointment

of a new Hearing Board or Hearing Officer.  The Executive Director shall make

all other such orders as required for justice, due process, and fundamental

fairness.

C)        Role and Responsibilities of the Hearing Board or Hearing

Officer

by the Executive Director.  If the hearing has already been convened, the

parties of record shall be notified of the disqualification and the appointment

of a new Hearing Board or Hearing Officer.  The Executive Director shall make

all other such orders as required for justice, due process, and fundamental

fairness.

C)        Role and Responsibilities of the Hearing Board or Hearing

Officer.  The Hearing Board or Hearing Officer shall be responsible for the

following activities:

i)          conduct

the pre-hearing conference;

ii)         facilitate

the timely completion of the hearing process, taking necessary steps to avoid

delay;

iii)        establish

reasonable limits on the duration of witness testimony;

iv)        limit

repetitive or cumulative testimony;

v)         rule

on motions, objections, or evidentiary questions;

vi)        hear

evidence as presented at the hearing by the employer and the employee on behalf

of their respective positions (the evidence may include matters in aggravation,

mitigation, and justification, which may pertain to the question of "just

cause" for discharge);

vii)       direct

questions to witnesses at any time, but restrict questioning to the

clarification of the testimony already presented;

viii)      prepare

and transmit to the Merit Board signed findings of fact within 15 calendar days

after receipt of the transcript and exhibits of the hearing proceedings.  The

findings of fact shall set forth each of the written charges alleged in the

Written Charges for Discharge, including an evaluation of the facts presented

by the employer and employee with respect to each charge, and based on this

evaluation, a determination as to whether the charges are sufficiently

supported by the evidence presented.  The findings of fact shall be based

exclusively on the evidence and on matters officially noticed.  The findings of

fact presented by the Hearing Board or Hearing Officer are advisory only to the

Merit Board

d

by the employer and employee with respect to each charge, and based on this

evaluation, a determination as to whether the charges are sufficiently

supported by the evidence presented.  The findings of fact shall be based

exclusively on the evidence and on matters officially noticed.  The findings of

fact presented by the Hearing Board or Hearing Officer are advisory only to the

Merit Board.  It is not the role of the Hearing Board or Hearing Officer to

determine whether just cause for discharge exists.  The determination of just

cause is the sole province of the Merit Board; and

ix)        enter

any order that further carries out the purpose of this subsection (f)(6)(C).

D)        Ex Parte Communications

i)          Except

in the disposition of matters authorized by law to entertain or dispose of on

an ex parte basis, the Merit Board, the Executive Director, employees of the

University System, and the assigned Hearing Board or Hearing Officer shall not,

after the Notice of Convening of Hearing has been issued to the parties of

record, communicate, directly or indirectly, with any party or the party's

representative regarding any issue of fact or with any person or party in

connection with any other issue regarding the case, except upon notice and

opportunity for all parties to participate.  However, the Merit Board, the

Executive Director, employees of the University System, and the Hearing Board

or Hearing Officer may communicate with each other.  Also, members of the Merit

Board and the Hearing Board or Hearing Officer may have the aid and advice of

one or more personal assistants not associated or affiliated with any party.

ii)         Neither

party shall make direct contact with the Hearing Board or Hearing Officer in

any manner or for any purpose after the Notice of Convening of Hearing has been

issued to the parties of record

er.  Also, members of the Merit

Board and the Hearing Board or Hearing Officer may have the aid and advice of

one or more personal assistants not associated or affiliated with any party.

ii)         Neither

party shall make direct contact with the Hearing Board or Hearing Officer in

any manner or for any purpose after the Notice of Convening of Hearing has been

issued to the parties of record.

iii)        Communications

regarding procedure, including interpretation and application of Section 36o of

the Act, subsection (f), and related procedures, are not considered ex parte

communications.

E)        Open Hearings.  All hearings shall be open to the public

unless, upon motion of either party, the Hearing Board or Hearing Officer finds

it necessary to close the hearing or parts of the hearing in instances in which

personal safety is of concern or when confidential testimony/exhibits are to be

referenced or revealed.  There shall be a presumption that hearings will be

closed only under extraordinary circumstances.

F)         Transcript

of Hearing.  A transcript of the hearing, including the exhibits admitted at

the hearing, shall be made and shall be filed with the Secretary for the Merit

Board as soon as possible following the conclusion of the hearing.  Transcripts

and exhibits will be provided by the Secretary for the Merit Board to all

parties simultaneously.  No party may request or obtain a copy of the

transcript or exhibits of the hearing from the court reporter or any other

source.  If a party or their representative receives the transcript or exhibits

of the hearing from any source other than the Secretary for the Merit Board,

the party shall immediately send, without first having read the transcript or

exhibits and without retaining any copy, to the Secretary for the Merit Board.

G)        Findings

of Fact by the Hearing Board or Hearing Officer

r or any other

source.  If a party or their representative receives the transcript or exhibits

of the hearing from any source other than the Secretary for the Merit Board,

the party shall immediately send, without first having read the transcript or

exhibits and without retaining any copy, to the Secretary for the Merit Board.

G)        Findings

of Fact by the Hearing Board or Hearing Officer.  Within 15 calendar days after

receipt of the transcript and exhibits from the Secretary for the Merit Board,

the Hearing Board or Hearing Officer shall file its findings of fact and any

other recommendations with the Secretary for the Merit Board unless that time

is extended by the Executive Director for good cause shown.  For the purpose of

this subsection (f)(6)(G), good cause shall include, but not be limited to,

sickness, required attendance at court proceedings, death, and weather

conditions that prevent the members of the Hearing Board or Hearing Officer from

meeting.

H)        Failure

of Hearing Board or Hearing Officer to Submit Findings of Fact.  If, by 15

calendar days after receipt of the transcript and exhibits from the Secretary for

the Merit Board, the findings of fact have not been received by the Secretary for

the Merit Board, the Executive Director shall either appoint another approved

Hearing Board or Hearing Officer that shall then review the record and submit

findings of fact within 10 calendar days after the appointment, or the

Executive Director shall give written notice to the Hearing Board or Hearing

Officer and to all parties to the proceeding that they will, within 10 calendar

days, discontinue the hearing and commence a new hearing and that the present

Hearing Board or Hearing Officer will be dismissed without pay.  Within this

10-day period following the Executive Director's notice, the Hearing Board or

Hearing Officer can appeal to the Executive Director by showing cause why time

should be extended.

I)         Certification

of Hearing Record

within 10 calendar

days, discontinue the hearing and commence a new hearing and that the present

Hearing Board or Hearing Officer will be dismissed without pay.  Within this

10-day period following the Executive Director's notice, the Hearing Board or

Hearing Officer can appeal to the Executive Director by showing cause why time

should be extended.

I)         Certification

of Hearing Record.  The Executive Director shall certify as the Hearing Record

the Written Charges for Discharge, the Suspension Notice Pending Discharge, the

employee's request for a hearing, the transcript and exhibits, the Hearing

Board's or Hearing Officer's findings of fact and other recommendations, and

other documents that have been filed.  Upon certification by the Executive

Director, the Secretary for the Merit Board shall, by an overnight delivery

service that requires a signature upon receipt, immediately forward a copy of

the Hearing Record, along with notice that the Hearing Record has been

certified, to all parties of record.

J)         Objections

to Hearing Record.  Any objections to the form or contents of the Hearing

Record, or briefs, abstracts, or excerpts from the Hearing Record, or

arguments, motions, or recommendations relating to the hearing proceedings or the

Hearing Record, or requests for further hearing or for permission to supplement

further the Hearing Record by other evidence, must be filed with the Secretary for

the Merit Board within 14 calendar days after the date of the overnight

delivery service that the Hearing Record has been certified, with proof of

service on all parties.  If such an objection is made, the non-objecting party

may file an answer to the objection with the Secretary for the Merit Board

within 14 calendar days after the date of the overnight delivery service of the

Objection, with proof of service on all parties

r days after the date of the overnight

delivery service that the Hearing Record has been certified, with proof of

service on all parties.  If such an objection is made, the non-objecting party

may file an answer to the objection with the Secretary for the Merit Board

within 14 calendar days after the date of the overnight delivery service of the

Objection, with proof of service on all parties.  No further briefs and/or

arguments in response to these filings will be permitted unless expressly

authorized by the Executive Director or the Merit Board or its Chair.

7)         Conduct

of Hearing

A)        Pre-hearing

Conference.  In all hearings, it is recommended that the Hearing Board or

Hearing Officer hold a pre-hearing conference immediately preceding the hearing

on the first day of the hearing.  The Hearing Board or Hearing Officer shall

give the parties an opportunity to discuss issues and share information at the

pre-hearing conference that will allow them to present their cases in a fair,

efficient, and timely manner.  Generally, the Hearing Board or Hearing Officer shall

conduct the pre-hearing conference for the purpose of achieving one or more of

the following points, as determined by the Hearing Board or Hearing Officer on

a case-by-case basis:

i)          defining

and simplification of the issues;

ii)         negotiating

admissions or stipulations of fact to avoid unnecessary proof;

iii)        reviewing

each party's witness and exhibit list;

iv)        limiting

redundant witness testimony or duplication of evidentiary material, if

necessary;

v)         determining

the length of time each party will need to present its case;

vi)        exchanging

exhibits;

vii)       discussing

any matter that may aid in the efficient and timely disposition of the case;

and

viii)      work

with each party to determine if a settlement agreement can be achieved

iting

redundant witness testimony or duplication of evidentiary material, if

necessary;

v)         determining

the length of time each party will need to present its case;

vi)        exchanging

exhibits;

vii)       discussing

any matter that may aid in the efficient and timely disposition of the case;

and

viii)      work

with each party to determine if a settlement agreement can be achieved.  If a

settlement is reached during the pre-hearing conference, the hearing shall be

formally convened, and the parameters of the settlement agreement shall be

entered into the record in written form or by testimony/statement and agreement

by each party.

B)        Length

of Pre-hearing Conference.  The length and scope of the pre-hearing conference are

at the discretion of the Hearing Board or Hearing Officer but should generally

be conducted within a one-hour timeframe.

8)         Evidence

and Motions

A)        Admissibility

of Evidence

i)          As a

general matter, the rules of evidence and privilege as applied in civil cases

in the circuit courts of the State of Illinois shall be followed.  However,

evidence not admissible under those rules may be admitted (except when

precluded by statute) if it is of a type commonly relied upon by reasonably

prudent persons in the investigation and conduct of serious matters of this

nature.  Irrelevant, immaterial, or unduly repetitious evidence shall be

excluded.

ii)         Consistent

with these requirements and in order to expedite the hearing, any part of the

evidence may be received in written form, provided the parties interests are

not jeopardized.

iii)        Employee

performance records or past disciplinary records are admissible and relevant

for the purpose of mitigation or aggravation, except if otherwise excluded by a

local employer policy or collective bargaining agreement.

B)        Oath

or Affirmation.  All testimony shall be presented under oath or affirmation.

C)        Objections

ded the parties interests are

not jeopardized.

iii)        Employee

performance records or past disciplinary records are admissible and relevant

for the purpose of mitigation or aggravation, except if otherwise excluded by a

local employer policy or collective bargaining agreement.

B)        Oath

or Affirmation.  All testimony shall be presented under oath or affirmation.

C)        Objections.

Objections to testimony or evidentiary offers shall be noted in the record.

D)        Standard

of Proof.  The standard of proof applied by the Hearing Board or Hearing

Officer when evaluating the charges will be the preponderance of the evidence.

E)        Notice

Taken by Hearing Board or Hearing Officer.  The Hearing Board or Hearing

Officer may, on its own motion or upon motion of one of the parties, take

notice of matters of which the circuit courts of the State of Illinois take

judicial notice.

F)         Non-Dispositive

Motions.  The Hearing Board or Hearing Officer has the authority to rule on all

motions that do not dispose of the proceedings.  Examples of motions that can

be ruled on by the Hearing Board or Hearing Officer are motions in limine or

motions to suppress evidence.  Motions directed at the Hearing Board or Hearing

Officer shall be presented at the pre-hearing conference, if possible, and

actions taken by the Hearing Board or Hearing Officer shall be entered into the

record.

G)        Dispositive

Motions.  Motions that dispose of the proceedings must be directed to the Merit

Board.  Examples of motions that are to be directed to the Merit Board are

motions to dismiss, motions to decide a proceeding on the merits, or motions

claiming lack of jurisdiction.  Motions must be filed with the Secretary for

the Merit Board within 14 calendar days after the date of the overnight

delivery service of the certified Hearing Record.  Motions will be ruled on by

the Merit Board at the Merit Board meeting in which the case is being

considered

oard are

motions to dismiss, motions to decide a proceeding on the merits, or motions

claiming lack of jurisdiction.  Motions must be filed with the Secretary for

the Merit Board within 14 calendar days after the date of the overnight

delivery service of the certified Hearing Record.  Motions will be ruled on by

the Merit Board at the Merit Board meeting in which the case is being

considered.  The filing of a motion of this nature shall not be allowed to

cause any delay in the proceedings.

9)         Order

of Hearing

A)        Convening

of Hearing.  All hearings shall be convened by and under the control of the

Executive Director or authorized representative.

B)        Recording

of Pre-hearing Conference Information.  The Hearing Board or Hearing Officer

shall enter into the record any action taken and any agreements made by the

parties as to the matters considered.

C)        Excluding

Witnesses from Hearing Room.  The Executive Director, or authorized

representative, shall request all persons who have been asked to serve as

witnesses, other than a party or employer representative, to be excluded from

the hearing room while the hearing is in process, except during their own

testimony and cross-examination.  Except as they might intervene, or be

requested to intervene, the Executive Director, or authorized representative,

shall empower the Hearing Board or Hearing Officer to proceed with the hearing

in such a manner as to provide the employer and the employee a full opportunity

to present their positions to the Hearing Board or Hearing Officer.

D)        Stipulations.

Parties may agree by stipulation upon any facts involved in the hearing.  The

facts stipulated shall be considered as evidence in the hearing.  It is the

policy of the Merit Board to encourage the stipulation of facts whenever

practicable.

E)        Opening

Statements.  The parties may make a brief opening statement at the beginning of

the hearing.  The employer shall proceed first, followed by the employee

ee by stipulation upon any facts involved in the hearing.  The

facts stipulated shall be considered as evidence in the hearing.  It is the

policy of the Merit Board to encourage the stipulation of facts whenever

practicable.

E)        Opening

Statements.  The parties may make a brief opening statement at the beginning of

the hearing.  The employer shall proceed first, followed by the employee.

Opening statements may be waived or may be reserved and presented at the

commencement of the party's case-in-chief.

F)         Employer's

Case.  The employer shall first present its case-in-chief, with an opportunity

for the employee to cross-examine the employer's witnesses.  The employee may

be called as an adverse witness during the course of the hearing.

G)        Employee's

Case.  The employee shall then present their case-in-chief, with an opportunity

for the employer to cross-examine the employee's witnesses.

H)        Rebuttal.

Each party may call rebuttal witnesses if found to be necessary by the Hearing

Board or Hearing Officer.

I)         Closing

Arguments.  After both parties have concluded the presentation of their case,

the Hearing Board or Hearing Officer may call for a break in the proceedings

for up to 30 minutes to allow each party to make final preparations for their

closing argument.  After any such break, the parties may make an oral closing

argument.  The employer shall proceed first, followed by the employee.  The

employer shall be permitted a brief rebuttal at the end of the employee's

closing argument.

J)         Closing

the Hearing.  The hearing shall be closed when the employer and the employee

have had a fair and reasonable opportunity to present their positions to the

Hearing Board or Hearing Officer.

K)        Motion

for Permission to Make Oral Argument.  Oral argument is reserved for

presentation of extraordinary matters regarding the discharge case

f the employee's

closing argument.

J)         Closing

the Hearing.  The hearing shall be closed when the employer and the employee

have had a fair and reasonable opportunity to present their positions to the

Hearing Board or Hearing Officer.

K)        Motion

for Permission to Make Oral Argument.  Oral argument is reserved for

presentation of extraordinary matters regarding the discharge case.  A party

desiring to present oral argument before the Merit Board in cases of discharge

must file a Motion to Make Oral Argument with the Secretary for the Merit Board

within 14 calendar days after the date of the overnight delivery service of the

certified Hearing Record, with proof of service on all parties.  The Motion

must specifically state the extraordinary issues to be presented, any relevant

law, and a synopsis of the argument to be presented.  Any Motions without the

required information shall not be considered by the Merit Board.  The Merit

Board will decide whether to grant the Motion for Permission to Make Oral

Argument at the same meeting where the case is to be decided.  Oral Argument

shall not be intended to be a recitation or summary of either party's case as

presented at the hearing.  The Merit Board's chair has the authority to halt or

redirect either party's oral argument as circumstances warrant.

10)         Failure

to Appear.  Failure of a party to appear on the date set for the hearing may

result in a loss of rights by default.

A)        Failure

to Appear by Employee

i)          A

Notice of Convening of Hearing will be sent to all parties of record confirming

the date, time, and place of the hearing.  If an employee or their

representative is not present on the designated hearing date and time, the Executive

Director or authorized representative shall try to make reasonable contact with

the employee or their representative immediately

o Appear by Employee

i)          A

Notice of Convening of Hearing will be sent to all parties of record confirming

the date, time, and place of the hearing.  If an employee or their

representative is not present on the designated hearing date and time, the Executive

Director or authorized representative shall try to make reasonable contact with

the employee or their representative immediately.  If, within a reasonable time

on the hearing date, the Executive Director or authorized representative is

unable to contact the employee, the hearing will commence.

ii)         The

Executive Director or authorized representative shall commence the hearing with

an opening statement.  At the conclusion of the opening statement, if the

employee or their representative has still failed to appear, the hearing will

be suspended for 3 workdays.  During this 3 workday period, the Executive

Director or authorized representative shall try to make contact with the

employee or their representative using the last known address, phone, e-mail or

any similar method as shown on the employee's request for a hearing.

iii)        If

the employee or their representative cannot be reached within 3 workdays or if

the employee is unable to produce a reasonable explanation for failure to

attend the hearing, the hearing will be closed, and the employee's discharge

shall become effective at the end of the 15-day period of the date on the Proof

of Service on Employee, as found on the Written Charges for Discharge form,

without further action by the Merit Board.  The Merit Board/University System

office shall notify the parties of record immediately of the action.

iv)        If

the employee or their representative has been reached within 3 workdays and has

a reasonable explanation for not attending the hearing, the Executive Director

or authorized representative shall schedule a new hearing date

charge form,

without further action by the Merit Board.  The Merit Board/University System

office shall notify the parties of record immediately of the action.

iv)        If

the employee or their representative has been reached within 3 workdays and has

a reasonable explanation for not attending the hearing, the Executive Director

or authorized representative shall schedule a new hearing date.  A new Notice

of Convening of Hearing will be issued to the parties of record, and the Executive

Director or authorized representative shall appoint either the same Hearing

Board or Hearing Officer or appoint a new Hearing Board or Hearing Officer to

conduct the hearing.

B)        Failure

to Appear by Employer.  If the employer's representative fails to appear at the

hearing and cannot be reached by the end of the next business day, or if the

employer is unable to produce a reasonable explanation for the failure to

attend the hearing, the hearing will be closed, and the employee will be

reinstated to their position without loss of compensation as of the Proof of

Service on Employee date on the Written Charges for Discharge form.

C)        Reasonable

Explanations.  Reasonable explanations can include, but are not limited to:  injury

on the day or preceding day of the scheduled hearing, traffic accident, death

or significant injury of a family member, or other cause that is deemed

reasonable by the Executive Director or authorized representative.  In any

event, the party that failed to appear is required to demonstrate that there

was a reasonable effort made to contact the Merit Board/University System

office.

11)         Settlement

Agreements.  Following the request for a hearing by the employee set forth in

subsection (f)(5)(A), the employer and the employee may enter into a settlement

agreement that may include a suspension of no more than 120 calendar days

hat failed to appear is required to demonstrate that there

was a reasonable effort made to contact the Merit Board/University System

office.

11)         Settlement

Agreements.  Following the request for a hearing by the employee set forth in

subsection (f)(5)(A), the employer and the employee may enter into a settlement

agreement that may include a suspension of no more than 120 calendar days.

Such a suspension is only permissible if the employer files with the Executive

Director the terms of that suspension, which must include a signed waiver of

the rights provided by Section 36o of the Act.  The employer is otherwise

limited to a suspension of no more than 30 calendar days as set forth in

subsection (e).

12)         Final Decision of the Merit Board.  In the course of reaching

its decision, the Merit Board may request the Executive Director to make

recommendations that they deem appropriate with respect to the discharge

proceedings.  Nothing in this subsection (f)(12) is intended to eliminate or

limit the Merit Board's discretion to determine the appropriate disposition on

a case-by-case basis.  The Merit Board shall enter findings of fact and shall

order the following decision and order or any other decision and order it deems

appropriate:

A)        Discharge, if just cause is found to exist.  No employee shall

be discharged except for just cause.  Just cause is defined as some substantial

shortcoming that renders the employee's continuance in their position in some

way detrimental to the discipline and efficiency of the service and that the

law and sound public opinion recognize as good cause for the employee no longer

holding the position; or

B)        Reinstatement, if just cause for discharge is found not to

exist.  An employee shall be reinstated as follows:

i)          Reinstatement

with no loss of compensation when none or few of the significant charges are

proven and/or when the proven charges do not justify disciplinary action

nd sound public opinion recognize as good cause for the employee no longer

holding the position; or

B)        Reinstatement, if just cause for discharge is found not to

exist.  An employee shall be reinstated as follows:

i)          Reinstatement

with no loss of compensation when none or few of the significant charges are

proven and/or when the proven charges do not justify disciplinary action.

ii)         Reinstatement

with an unpaid suspension of a minimum of 3 calendar days to a maximum of 120 calendar

days when the proven charges do not rise to the level of just cause for

discharge, but some disciplinary action is justified based on the severity of

the proven charges.  If the Merit Board orders reinstatement with a suspension,

any time served while on suspension pending discharge shall be applied towards

the fulfillment of the suspension.  The Merit Board shall not order a

reinstatement with a suspension past the day of the action taken by the Merit

Board.

13)         Final Decision and Order of the Merit Board.  The Secretary

for the Merit Board shall immediately forward copies of all Merit Board orders

to the employer and the employee by an overnight delivery service that requires

signature upon receipt.  The employer is required to enact the Decision and

Order of the Merit Board in a timely manner.  No later than 14 calendar days

after the date that a copy of the final Notice of Decision and Order of the

Merit Board has been served upon the parties, any employee who has been

reinstated, as provided in subsection (f)(12)(B), shall be returned to pay

status.  The employer shall take all other required actions to enact the

Decision and Order of the Merit Board within 30 days after the serving of the

Notice of Decision and Order of the Merit Board.

14)         Administrative Review.  All final decisions of the Merit

Board shall be subject to appeal by the parties to the proceedings under the

Administrative Review Law [735 ILCS 5/Art. III]

y

status.  The employer shall take all other required actions to enact the

Decision and Order of the Merit Board within 30 days after the serving of the

Notice of Decision and Order of the Merit Board.

14)         Administrative Review.  All final decisions of the Merit

Board shall be subject to appeal by the parties to the proceedings under the

Administrative Review Law [735 ILCS 5/Art. III].  A complaint for

administrative review must be filed and summons issued within 35 days after the

date that a copy of the final Merit Board decision has been served upon the

party affected.  A final decision of the Merit Board shall be deemed served

either when personally delivered or when deposited in the United States mail in

a sealed envelope or package, with postage paid, addressed to the party

affected by the decision at their last known residence or place of business.

15)         Time Periods for Proceedings

A)        Requests for Extensions.  On the motion of either party with

notice to the other party, or by independent action of the Chair of the Merit

Board or the Executive Director communicated to both parties, any time period

set forth in this subsection (f) may be extended by the Chair of the Merit

Board or by the Executive Director for good cause shown.  The Executive

Director, in their discretion, may grant an extension by written agreement of

the parties.

B)        Extensions to be Granted by Executive Director.  No extension

may be beyond a period established by statute, except for cases in which a

written motion for continuance of a scheduled hearing is filed with the

Secretary for the Merit Board at least 2 workdays prior to the time scheduled

for hearing unless an exception is granted by the Executive Director

ten agreement of

the parties.

B)        Extensions to be Granted by Executive Director.  No extension

may be beyond a period established by statute, except for cases in which a

written motion for continuance of a scheduled hearing is filed with the

Secretary for the Merit Board at least 2 workdays prior to the time scheduled

for hearing unless an exception is granted by the Executive Director.  The

moving party must set forth emergency grounds for a continuance, which are

limited to unforeseen, unavoidable, or uncontrollable circumstances, such as an

Act of God; the sudden illness or death of the movant, a member of their

immediate family, or their legal counsel; or if the movant is able to

demonstrate some other real and compelling need for additional time.  If there

is an arrest or criminal indictment of any employee that resulted from an employee's

conduct in the course of employment duties, the Executive Director, at the

request of the employee, may grant a continuance of hearing pending some

resolution of the criminal charges.  A request for a continuance must be

preceded by contacting the opposing party and asking for agreement to the

continuance.

C)        Deadlines That May Be Extended.  The time periods set forth in

this subsection (f), except for the 15-day period set forth in subsection (f)(5)(A)

and except for any time period provided for seeking administrative review of a

final decision of the Merit Board, shall be deemed directory and not mandatory;

and no failure to comply with any of the time periods set forth in this subsection

Deadlines That May Be Extended.  The time periods set forth in

this subsection (f), except for the 15-day period set forth in subsection (f)(5)(A)

and except for any time period provided for seeking administrative review of a

final decision of the Merit Board, shall be deemed directory and not mandatory;

and no failure to comply with any of the time periods set forth in this subsection

(f), except for the 15-day period set forth in subsection (f)(5)(A) and except

for any time period provided for seeking administrative review of a final

decision of the Merit Board, shall cause the Merit Board to lose jurisdiction

of any matter.

D)        Weekends and Holidays.  If the last date for filing falls on a

weekend or a legal holiday, the last date for filing is the first workday

following that weekend or legal holiday.

16)         Hearing Expenses

A)        Employer Expenses.  All customary and reasonable court reporter

and copying expenses incident to the preparation of the Hearing Record and

providing copies to parties to the proceedings shall be paid by the employer.

B)        Merit Board Expenses.  The Merit Board will pay all expenses of

the Hearing Board or Hearing Officer and any legal expenses incurred by a

Hearing Board or Hearing Officer, to the extent that those expenses have been

approved by the Merit Board or its Executive Director.  The Merit Board shall

determine the reimbursement rate for the Hearing Board or the Hearing Officer.

g)         Demotion

1)         Any of the actions described in this subsection (g)(1) are

considered to be a demotion when that action has been initiated by the

employer

Board or Hearing Officer, to the extent that those expenses have been

approved by the Merit Board or its Executive Director.  The Merit Board shall

determine the reimbursement rate for the Hearing Board or the Hearing Officer.

g)         Demotion

1)         Any of the actions described in this subsection (g)(1) are

considered to be a demotion when that action has been initiated by the

employer.

A demotion may occur when a

status employee:

A)        is subject to a reduction in salary in their current position

or in a position of the same class to which they have been reassigned, except

when the reduction in pay results from an overall reduction in pay to persons

employed in the same class and/or when the Merit Board, on the basis of

supporting evidence, determines that the pay potential should be lowered for a

class;

B)        is subject to a reduction in the percentage of time worked;

C)        is appointed to a position in a lower class in a promotional

line;

D)        is appointed to a position in a class outside a promotional

line with a lower pay potential;

E)        is given a nonstatus appointment.

2)         None of the actions described in subsection (g)(1) are

considered to be a demotion when the action has been initiated, or willingly

accepted, by the employee.

A)        Evidence of initiation by, or willing acceptance by, an

employee (i.e., a "voluntary demotion" or "voluntary

downgrade" or similar action) shall be:  a statement signed by the

employee (to be filed by the employer with the notice of employment) indicating

that the new appointment is at their request and/or is acceptable to them, or

the employee applied for, and took, the Civil Service examination, upon the

results of which the new appointment is based, after the date of certification

to their most recent position.

B)        Without the evidence indicated in subsection (g)(2)(A), the

action will be considered to have been initiated by the employer and,

therefore, will be considered to be a demotion

acceptable to them, or

the employee applied for, and took, the Civil Service examination, upon the

results of which the new appointment is based, after the date of certification

to their most recent position.

B)        Without the evidence indicated in subsection (g)(2)(A), the

action will be considered to have been initiated by the employer and,

therefore, will be considered to be a demotion.

3)         Any classification plan changes authorized and implemented by

the University System and/or the Merit Board that may result in a lower pay

potential will not be considered a demotion.

4)         An employer may effectuate a demotion by filing a Notice of

Demotion form with the Merit Board and serving a copy of the Notice of Demotion

on the employee by personally serving the employee or by an overnight delivery service

that requires signature upon receipt and also by First Class U.S. Mail.  The

Notice of Demotion form shall designate the position and class to which the

employee has been demoted and shall factually state the causes justifying

demotion.  The effective date of the demotion shall be the "Proof of Service

on Employee" date on the Notice of Demotion form.  A demotion shall be

subject to the same hearing and review procedures as are provided to an

employee in the case of a discharge.  (See subsection (f).)  During any hearing

and review proceedings, the employee shall be paid the approved rate for the

class of the position to which they have been demoted, as set forth in the

Notice of Demotion form.

5)         A status employee who is demoted by action of the Merit Board to

a position in a class in which they have never been employed on a status

appointment shall be placed in a designated class without requiring further

examination or probationary period

l be paid the approved rate for the

class of the position to which they have been demoted, as set forth in the

Notice of Demotion form.

5)         A status employee who is demoted by action of the Merit Board to

a position in a class in which they have never been employed on a status

appointment shall be placed in a designated class without requiring further

examination or probationary period.

h)         Dismissal

1)         An employer may dismiss an employee whose name has been

certified and who has been subsequently employed in a status position at any

time during the probationary period of employment in a class, if the employer

determines, pursuant to Section 250.90(a), that the employee has failed to

demonstrate the ability and the qualifications necessary to furnish

satisfactory service.

2)         The employer shall notify the Executive Director promptly of

dismissals, setting forth the reasons for the dismissal.