In this subtitle the following words have the meanings indicated. “President” means the President of Morgan State University. “University” means Morgan State University.

This subtitle does not apply to a member of the faculty, an executive staff member, or a professional administrative staff member of the University.

The President may delegate to the Office of Administrative Hearings the authority to conduct a hearing and issue a proposed decision for approval by the Secretary of Budget and Management in any of the following: An appeal under § 14-204(b) of this subtitle from a rejection of a classified employee during probation that results from a promotion; An appeal under § 14-205 of this subtitle from charges for removal of a classified employee; A preliminary hearing under § 14-206 of this subtitle on the suspension of a classified employee pending removal; An appeal under § 14-207 of this subtitle from the disciplinary suspension of a classified employee; and An appeal under § 14-208 of this subtitle from the proposed demotion of a classified employee.

Except as provided in § 14-205 of this subtitle, a vice president or program director may reject a classified employee at any time during probation by notifying the President in writing of the rejection and the reason for it. When rejected, the classified employee is permanently separated from the position. If a classified employee is on probation as a result of a promotion, the employee: May be rejected only with the consent of the President; and May appeal the rejection in accordance with policies adopted by the Board of Regents.

A vice president or program director may remove a classified employee who has completed probation only for cause. Subject to paragraph (2) of this subsection, the Board of Regents shall prescribe what may constitute cause for removal after probation of classified employees. The causes for removal shall conform to the causes for removal of skilled service or professional service employees, with the exception of special appointments, that the Secretary of Budget and Management adopts by regulation. A classified employee may not be removed for any cause prohibited by § 2-302 of the State Personnel and Pensions Article. A vice president or program director may remove a classified employee for cause only if: Written charges for removal are submitted to the President: By the vice president or program director; or Subject to the approval of the President, by any resident of the State; The employee is given a copy of the charges; and The employee is given an opportunity to be heard on appeal. A classified employee may appeal the charges for removal to the President within the time and in the manner specified in policies adopted by the Board of Regents. If the classified employee fails to appeal within the time and in the manner required, the removal is final. If a classified employee appeals the charges for removal, the President shall hold a hearing to determine whether there is cause for removal. The hearing shall be held within 90 days after the charges for removal are submitted to the President. The President shall make findings and issue a proposed written decision for approval by the Secretary of Budget and Management on a charge for removal within 45 days after the later of: The conclusion of the hearing; or The day when all briefs or memoranda have been submitted. The Secretary of Budget and Management shall provide a copy of the findings and decision to each party. The decision of the Secretary of Budget and Management is final. The University immediately shall enforce a final decision issued under this section.

A vice president or program director may suspend a classified employee without pay pending disposition of a charge for removal. The vice president or program director shall notify the classified employee in writing of the suspension and the reasons for it. Within 5 workdays after receiving a notice of suspension under this section, a classified employee may request in writing that the President conduct a preliminary hearing to determine whether the employee may continue to work with pay pending disposition of the charge. The President shall hold the preliminary hearing within 5 workdays after the President receives the request. A preliminary hearing under this subtitle is in addition to the hearing on the merits required by § 14-205 of this subtitle. The preliminary hearing is limited to the following issues: Whether suspension without pay is necessary to protect the interests of the University or of the classified employee pending final disposition of the charge; and Whether other employment and status alternatives for the classified employee should be considered. At the preliminary hearing, the classified employee may: Rebut the reasons given for the suspension; Assert mitigating circumstances; and Offer alternatives to the suspension, including: A return to the employee’s position with pay; A transfer to another position with pay; or A suspension with pay. Within 5 workdays after the preliminary hearing, the President shall issue a proposed decision in writing for approval by the Secretary of Budget and Management. The decision is conclusive only as to the issue of the suspension.

This section does not apply to a suspension pending the disposition of a charge for removal of a classified employee. A vice president or program director may suspend a classified employee for disciplinary purposes. The vice president or program director shall notify the classified employee in writing of the suspension and the reasons for it. A suspension for disciplinary purposes under this section shall be without pay. A suspension for disciplinary purposes: Shall be served on consecutive days; and Shall begin within 2 days from the close of the classified employee’s next shift after: The alleged infraction occurred; or The vice president or program director learned of the alleged infraction. The time limits in paragraph (1) of this subsection do not apply to a classified employee whose duties include mandatory appearances before a court, regulatory unit, or administrative body, if the limits: Would conflict with a scheduled appearance of the employee before a court, regulatory unit, or administrative body; and Would thereby hamper the effective administration of the University’s business. The vice president or program director may authorize a designee to receive appeals under this subsection. A suspended classified employee or a representative of the employee may submit a written appeal of a disciplinary suspension: Within 3 workdays after receipt of a notice of suspension, to the vice president or program director; or Within 5 workdays after receipt of a notice of suspension, to the President, in accordance with procedures established in policies adopted by the Board of Regents. The vice president or program director may authorize a designee to hear appeals under this subsection. If an appeal is made to the vice president or program director, the vice president or program director shall: Hold a hearing within 3 workdays after receiving the appeal; and Issue a written decision within the time established in policies adopted by the Board of Regents. If, as a result of management delay, the appeal is not heard and decided within the times required by this subsection, the vice president or program director shall reinstate the suspended classified employee with full back pay. If a classified employee appeals under this subsection, the employee may not further appeal the suspension except in accordance with step three of the grievance procedures under § 14-306 of this title. If an appeal is made to the President, the President shall issue a proposed written decision for approval by the Secretary of Budget and Management within 45 days after the later of: The conclusion of the hearing; and The day when all briefs or memoranda have been submitted. If the Secretary of Budget and Management disapproves the suspension, the Secretary of Budget and Management may grant back pay to the classified employee.

If a classified employee is transferred involuntarily to a different class that has a lower maximum rate of pay, the transfer is a demotion. A transfer that is a demotion under this section may be made only for cause, on written charges submitted to the President. The classified employee may appeal the proposed demotion to the President within the time and in the manner required by policies adopted by the Board of Regents. If the classified employee fails to appeal within the time and in the manner required, the demotion is final. If the classified employee appeals the demotion, the President shall hold a hearing to determine whether there is cause for the demotion. The hearing shall be held within 90 days after the written charges for the demotion are submitted to the President. The President shall make findings and issue a proposed written decision on an appeal for approval by the Secretary of Budget and Management within 45 days after the later of: The conclusion of the hearing; and The day when all briefs or memoranda have been submitted. The Secretary of Budget and Management shall provide a copy of the findings and decision to each party. The decision of the Secretary of Budget and Management is final. The University authority immediately shall enforce a final decision issued under this section.

Except as otherwise specifically provided by State law, the University, its officers, and its units may not raise the defense of sovereign immunity in any administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under: This subtitle or a procedure adopted under it; Subtitle 3 of this title; or A personnel policy or procedure that governs classified employees of the University. In this subsection, “award” means a final monetary or benefit award or judgment in an administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under: This subtitle or a procedure adopted under it; Subtitle 3 of this title; or A personnel policy or procedure that governs classified employees of the University. If this State has sufficient money available at the time, an award made against the University or an officer or unit of the University shall be paid as soon as practicable within 20 days after the award is final. If sufficient money is not available at the time to satisfy an award made against the University or an officer or unit of the University, the affected unit or officer shall report the outstanding award to the State Comptroller. The Comptroller shall: Keep an accounting of all outstanding awards; and Report that accounting annually to the Governor. The Governor shall include in the State budget sufficient money to pay all awards made against the University or an officer or unit of the University. On appropriation of money by the General Assembly, the Comptroller shall authorize payment of all outstanding awards in the order of the date on which each award was made.