Section 8-A1704. STATUS DURING NOTICE PERIOD

 

1704.1An 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.

 

1704.2If the official effecting the adverse action determines that the retention of the employee in an active duty status might result in damage to school property; might result in injury or harm to law students, other employees, or members of the public; or might be detrimental to the efficiency and discipline of the School of Law, either of the following actions may be effected immediately:

 

(a)The employee may be temporarily assigned to other duties where these conditions are not likely to occur; or

 

(b)The employee may be placed on administrative leave with pay.

 

1704.3If the official effecting an adverse action also effects a separate action of suspension without pay for thirty (30) days or less during the notice period, the employee may be removed from active duty on the effective date of the suspension.

 

1704.4The decision by the official effecting an adverse action to reassign the employee or place the employee on administrative leave with pay during the notice period shall not be subject to appeal.

 

1704.5The employee or his or her representative shall be given access to the documents, reports, and other materials contained in the adverse action file, including all materials that support the adverse action being taken.

 

1704.6Adverse action file materials that relate to the grounds and reasons for the adverse action shall be available for inspection by the employee or his or her representative not later than twenty-four (24) hours after the receipt of the notice of adverse action by the employee. These file materials shall be available at the times and places specified in the notice.

 

source

Final Rulemaking published at 35 DCR 7771 (October 28, 1988).