2818

LAWS OF MARYLAND

Ch. 582

13-1A-05.

(E) (1) IF AN EMPLOYEE IS SUSPENDED WITHOUT PAY PENDING A
HEARING ON DISPOSITION OF CHARGES FOR REMOVAL, THE CHANCELLOR OR
THE CHANCELLOR'S DESIGNATED REPRESENTATIVE SHALL NOTIFY THE
EMPLOYEE IN WRITING OF THE REASONS FOR THE SUSPENSION AT THE TIME
OF THE NOTICE OF THE SUSPENSION.

(2)  WITHIN 5 WORKING DAYS OF THE NOTICE OF
SUSPENSION, THE EMPLOYEE MAY REQUEST IN WRITING THAT THE
CHANCELLOR OR THE CHANCELLOR'S DESIGNATED REPRESENTATIVE, IN
ADDITION TO CONDUCTING A HEARING ON THE MERITS, CONDUCT A
PRELIMINARY HEARING TO DETERMINE WHETHER OR NOT THE EMPLOYEE MAY
CONTINUE TO WORK WITH PAY PENDING THE DISPOSITION OF THE CHARGES.

(3)  THE CHANCELLOR OR THE CHANCELLOR'S DESIGNATED
REPRESENTATIVE SHALL CONDUCT A PRELIMINARY HEARING WITHIN 5
WORKING DAYS AFTER THE CHANCELLOR OR THE CHANCELLOR'S DESIGNATED
REPRESENTATIVE RECEIVES IN WRITING THE REQUEST FROM THE SUSPENDED
EMPLOYEE FOR THE PRELIMINARY HEARING.

(4)  THE PRELIMINARY HEARING SHALL BE LIMITED TO THE
ISSUES OF:

(I)  WHETHER SUSPENSION WITHOUT PAY IS NECESSARY
TO PROTECT THE INTERESTS OF THE UNIVERSITY OF MARYLAND OR THE
EMPLOYEE PENDING FINAL DISPOSITION OF THE CHARGES; AND

(II)  WHETHER OTHER EMPLOYMENT AND STATUS
ALTERNATIVES SHOULD BE CONSIDERED.

(5)  AT THE PRELIMINARY HEARING, THE EMPLOYEE MAY:

(I)  REBUT THE REASONS GIVEN FOR THE SUSPENSION;

(II)  ALLEGE MITIGATING CIRCUMSTANCES; AND

(III)  OFFER ALTERNATIVES TO THE SUSPENSION,
INCLUDING:

1.  RETURN TO THE POSITION WITH PAY;

2.  TRANSFER TO ANOTHER POSITION WITH PAY;
OR

3.  SUSPENSION WITH PAY.

(6)  WITHIN 5 DAYS AFTER THE PRELIMINARY HEARING IS
COMPLETED, THE CHANCELLOR OR THE CHANCELLOR'S DESIGNATED
REPRESENTATIVE SHALL RENDER A WRITTEN DECISION THAT IS CONCLUSIVE
AS TO THE ISSUE OF SUSPENSION ONLY WHETHER OR NOT THE EMPLOYEE
MAY CONTINUE TO WORK WITH PAY PENDING THE DISPOSITION OF THE
CHARGES.