I. Purpose
A. Anne Arundel Community College (“College”) establishes this Employee Performance Management Policy (“Policy”) to encourage high standards of service and a system for managing employee performance, including performance evaluation, performance improvement, and disciplinary action.
B. This Policy establishes a fair, equitable, and consistent handling of unacceptable employee behavior, acts, or inactions through disciplinary action, up to and including discharge.
C. This Policy also informs Employees of their right to grieve Disciplinary Action.
II. Scope and Applicability
A. This Policy applies to all College employees while acting within the scope of their employment, including faculty, staff, administrators, and College officers; part-time faculty, staff and administrators; contractual employees; and temporary employees.
B. This Policy applies to off-duty conduct of an Employee where it affects a substantial interest of the College, including, but not limited to:
1. Any action that constitutes a criminal offense as defined by law;
2. Any situation in which the Employee poses an immediate threat to the physical health or safety of others;
3. Any situation that significantly interferes with or is detrimental to the programs, activities, and/or reputation of the College.
D. To the extent that the College Manual or another policy or procedure conflicts with this Policy, this Policy supersedes the College Manual and the other policy or procedure.
E. Where a collective bargaining agreement (CBA) applies, the terms of the CBA shall govern to the extent they conflict with this Policy.
III. Definitions
A. Administrator with Faculty Rank means an employee who is currently in an administrative position but continues to hold academic rank, which may include tenure, and who may be allowed to return to a full-time faculty position should they step down or be released from their administrative position as long as they are not released from the College as a whole.
B. College Premises means the campus, other premises owned, leased or used by the College, and extension centers, including but not limited to premises such as playing fields and auditoria where College events are taking place, and off-site facilities, such as schools or hospitals, used for College purposes.
C. College Property means real property, tangible and intangible, personal property, records, files and money owned, occupied, used by, or in the care or custody of the College, or in which the College has an interest.
D. Controlled Substances Act means Controlled Substances Act, Pub. L. 91-513, title II, Oct. 27, 1970, 84 Stat. 1242 (21 U.S.C. 801 et seq.).
E. Disciplinary Action means the imposition of a sanction by a Supervisor in response to an Infraction committed by the Employee or by a decision maker in response to a complaint to which another College policy or procedure applies, such as discrimination, harassment, or sexual misconduct. Non-renewal of a contract of employment is not considered Disciplinary Action.
F. Drug means a Controlled Substance, as defined in schedules I through V of the Controlled Substances Act.
G. Employee means any person employed by the College, except part-time faculty.
H. Faculty means full-time faculty of the College.
I. HR means the Office of Human Resources.
J. Illegal use of Drugs means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act, as periodically updated by the Food and Drug Administration. This term does not include the use of a Drug taken under the supervision of a licensed health care professional, or other uses, if such uses are authorized by the Controlled Substances Act or other provisions of Federal law.
K. Infraction means a breach of the Standards of Employee Conduct, as set forth below.
L. Introductory Period is the initial six (6) months of employment of Employees who are not Faculty. This period may be extended by notice to the Employee from the Supervisor.
M. Major Sanctions include an unpaid suspension or discharge of a tenured or tenure-track faculty member.
N. Performance Evaluation means the process of a Supervisor reviewing an Employee’s work and results based on the Employee’s job duties and providing feedback to the Employee regarding the Employee’s strengths, areas for growth and improvement, and demonstration of the College’s values, in accordance with the applicable Performance Evaluation Procedure based on the Employee’s job title.
O. Performance Improvement means the implementation of non-disciplinary support mechanisms when an Employee’s performance tasks or behaviors become a concern to the Supervisor.
P. Progressive Discipline means the process of using increasingly severe Disciplinary Action depending on the gravity and/or seriousness of an Infraction and the circumstances under which it occurred or when an Employee fails to correct an Infraction after being given a reasonable opportunity to do so.
Q. Supervisor means an Employee’s immediate supervisor to whom the Employee reports or another supervisor within the Employee’s supervisory chain.
IV. Performance Management
A. Performance Management is an ongoing process of communication between a Supervisor and an Employee that occurs throughout the year, supporting the College’s mission, vision, and strategic objectives.
B. Performance Management includes Performance Evaluation and may include Performance Improvement and/or Disciplinary Action.
C. Performance Management is used to monitor whether:
1. Employees are meeting the performance levels expected for the Employee’s position; and
2. To take steps, when necessary, to course correct when an Employee:
a. is not meeting Standards of Employee Performance or Conduct established by this Policy; or
b. commits an Infraction, as set forth below.
V. Standards of Employee Performance
A. Each Employee is expected to perform in a manner compatible with their position and with the College’s function as a public institution of higher education.
B. All Employees are expected to:
1. Competently perform the duties and responsibilities of the Employee’s job description;
2. Adhere to scheduled working hours as defined by Supervisors;
3. Secure and submit required approval for all absences, as required;
4. Submit required reports on time;
5. Attend meetings, workshops, trainings, orientations, seminars, and lectures, as required;
6. Complete mandatory training, as required;
7. Adhere to work attire and uniform requirements as set by the College and/or Supervisors;
8. Maintain security of College assets under the Employee’s control or responsibility, including protecting College assets and facilities, data security, including using electronic and physical safeguards, and complying with the Information Security Telework Guidelines;
9. Comply with College policies, procedures, regulations, rules, and guidelines;
10. Comply with directions from Supervisors; and
11. Maintain licenses, certifications and trainings required for the performance of job duties.
C. Additionally, Faculty and other Employees who have teaching responsibilities are expected to:
1. Meet all scheduled classes on time;
2. Maintain adequate and accurate student classroom records;
3. Attend department, school and division meetings, as required;
4. Provide and hold office hours, as required;
5. Submit final grades to the Office of Records and Registration within the required time frame for the grading period;
6. Ensure that only registered students and guests invited by the Faculty attend the class; and
7. Attend commencement, convocation, and Academic Forum, as required.
VI. Standards of Employee Conduct
Employees are prohibited from committing the following Infractions that may result in Disciplinary Action:
A. Insubordination, which is willful disregard of or refusal to obey reasonable directions, orders, or requests of a Supervisor or other person in authority;
B. Forgery, alteration or misuse of College documents, records or identification, or knowingly furnishing false information to the College or omitting information in College documents that is required to be disclosed;
C. Fraud, theft, embezzlement, misuse of College resources, plagiarism or other similar dishonest conduct affecting the College, members of the College community, or the employment relationship;
D. Conduct that threatens or endangers the health or safety of a member of the College community, or assaulting, molesting or threatening any such person with bodily harm;
E. Illegal Use of Drugs, including possession, or distribution of Drugs on College Premises, or being impaired on College Premises or during scheduled work hours as the result of the use of such substances; this includes the use, possession or distribution of marijuana or cannabis in any form, including the use of medical marijuana, which is prohibited by federal law.
F. Use or distribution of alcoholic beverages on College Premises, unless authorized by the College, being impaired or intoxicated on College Premises or during scheduled work hours as a result of the use of alcoholic beverages, or driving while under the influence of alcoholic beverages on College Premises;
G. Negligent conduct or performance of job duties that results in personal injury to a person on College Premises or damage or loss of College Property or property of others on College Premises;
H. Commission of a criminal act, including the illegal possession of a weapon and/or explosives, the nature of which makes the continued employment of an Employee inconsistent with the safe and efficient operation of the College;
I. Unauthorized use or disclosure of personally identifiable information from the education records of a student or the personnel records of an employee;
J. Breach of a confidentiality obligation or requirement to maintain privacy of personnel or student information contained in a College policy or procedure or breach of a Confidentiality Statement signed by the Employee, unless disclosure is required by law or pursuant to an internal investigation by the College pursuant to a policy or procedure;
K. Unauthorized use or disclosure of confidential commercial information, proprietary information or trade secrets, that are protected by the College as such, and not subject to disclosure under the Maryland Public Information Act.
L. Discrimination against, or harassment of any person protected by local, state or federal law;
M. Retaliation against any person for alleging that an Infraction has occurred, or for participating in any procedure under this or other College policies and procedures;
N. Falsely alleging in bad faith that another Employee has committed an Infraction;
O. Breach of a contract of employment by Faculty;
P. Abandonment of employment, which is the voluntary relinquishment by an Employee of their employment without prior notice to, and the consent of, the College;
Q. Unsatisfactory attendance or tardiness or record of misuse or abuse of leave (excluding leave protected by applicable laws);
R. Refusal to give non-privileged information or be interviewed as a witness in any investigation and/or hearing conducted by the College;
S. Use of inappropriate behavior or language in the workplace or on College Premises, including but not limited to language that is profane, obscene, defamatory, unlawful, illegal, fraudulent, or tends to incite imminent lawless action;
T. Violation of any College policy, procedure, regulation, or rule;
U. Violation of the local, state, or federal laws, including but not limited to, State Public Ethics laws;
V. Improper or unsafe operation of a vehicle owned or leased by the College or driven on College Premises;
W. Misconduct (i.e., behavior or wrongdoing that does not conform to prevailing standards or laws), malfeasance (i.e., an act that is illegal and causes physical or monetary harm to another person) or nonfeasance of duty (i.e., failure to perform an act required by law);
X. Failure to self-report that the Employee was arrested for a crime or convicted of a crime, either prior to or during employment with the College, without a reason found to be acceptable by HR;
Y. Conviction of a crime either prior to or during employment with the College that may call into question the Employee’s ability to properly carry out the responsibilities of the Employee’s position;
Z. Sleeping during scheduled work hours;
AA. Failure to disclose actual or potential conflicts of interest to the College;
BB. Assisting other individuals to commit the acts or omissions described in this Section;
CC. Engaging in an action or course of conduct characterized by an inability, incapability, or unwillingness to maintain the Standards of Employee Performance or to perform job duties listed in the Employee’s job description; and/or
DD. Any other conduct determined by the College to be inconsistent with the mission, goals, and objectives of the College.
VII. Performance Evaluation
A. The general purpose of a Performance Evaluation is to provide ongoing feedback on an Employee’s performance of job duties, set goals and objectives, and determine professional development opportunities.
B. The College will conduct Performance Evaluations in accordance with the applicable Performance Evaluation Procedure, based on the Employee’s position.
C. If the Supervisor observes behavior, actions, or inactions that do not comply with the Standards of Employee Performance or Standards of Employee Conduct and/or if an Employee commits an Infraction, the Supervisor should include information regarding the conduct or performance in the Employee’s performance evaluation, along with information on how the Employee can improve.
VIII. Performance Improvement
A. The general purpose of Performance Improvement is to provide constructive feedback to an Employee when performance or behavior is not meeting expectations for the Employee’s position or Standards of Employee Performance.
B. The College will use Performance Improvement tools in accordance with the Employee Performance Improvement Procedure.
IX. Disciplinary Actions
A. The general purpose of a Disciplinary Action is to correct Infractions; to provide clear notification when Infractions have occurred; to hold Employees accountable for negative impact on the workplace; and to deter future Infractions.
B. The College will impose Disciplinary Action in accordance with the Employee Progressive Discipline Procedure and/or the Major Sanctions against Tenured or Tenure-Track Faculty Procedure or another applicable policy or procedure related to a specific type of misconduct.
C. The Board of Trustees delegates authority to the President to impose a Major Sanction but reserves the right for the tenured or tenure-track faculty member to appeal the President’s decision to the Board of Trustees in accordance with the Major Sanctions against Tenured or Tenure-Track Faculty Procedure.
X. Discrimination and Retaliation Prohibited
A. All Performance Improvement tools and Disciplinary Actions must be taken without regard to race, including hair texture and hair style, color, religion or creed, sex, age, national origin or ancestry, marital status, veteran status, physical or mental disability, genetic information, citizenship, sexual orientation, gender identity, or any other characteristic protected by local, state, or federal law.
B. A Supervisor may not retaliate against an Employee for:
1. Filing or encouraging another Employee to file a complaint of discrimination or reporting a violation of this Policy, unless the report is determined to be intentionally false; or
2. Participating in an investigation of a complaint of discrimination, opposing discrimination, or engaging in any other legally protected activity.
XI. Exceptions
A. Complaints of discrimination, harassment, or sexual misconduct must be reported, investigated, and resolved pursuant to the applicable College policy and procedures and will not be investigated and resolved under the Employee Progressive Discipline Procedure.
1. If a complaint involving discrimination, harassment, or sexual misconduct includes allegations that stem from the same facts and circumstances potentially violating this Policy, the decision maker handling the complaint will investigate all related allegations simultaneously. This investigation will follow the procedures outlined in the applicable discrimination policy, and the notice provided to the Employee will specify the provisions of this Policy that are alleged to have been violated in accordance with the relevant discrimination policy or procedures.
B. The Employee may not appeal or grieve the process that is used by the College for investigating and deciding allegations.
C. The decision maker for a complaint of discrimination, harassment, or sexual misconduct, as defined in the applicable policy or procedure, has the authority to issue any of the Disciplinary Actions and/or Performance Improvement to be imposed by the Supervisor.
Policy Title: Employee Performance Management Policy
Policy Category: Human Resources
Policy Owner: Vice President for Learning Resources Management
Policy Administrator: Executive Director of Human Resources
Contact Information: humanresources@aacc.edu; 410-777-2045
Approval Date: March 11, 2025
Effective Date: March 12, 2025
History: N/A, previously contained in the College Manual
Applies to: All Employees
Related Policies: N/A
Related Procedures:
Forms/Guidelines: N/A
Relevant Laws: