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Bill Number: 2680 Ratification Number: 506 Act Number 435 Introducing Body: House Subject: State Employee Grievance Procedure Act
(A435, R506, H2680)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-60 SO AS TO ESTABLISH PROCEDURES TO APPRAISE THE PERFORMANCE OF EMPLOYEES AND FACULTY MEMBERS AT STATE FUNDED POST-SECONDARY EDUCATIONAL INSTITUTIONS AND ESTABLISH A GRIEVANCE PROCEDURE FOR SUCH EMPLOYEES AND FACULTY MEMBERS; AND TO AMEND SECTION 8-17-50, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO INCLUDE CERTAIN FACULTY MEMBERS AT STATE INSTITUTIONS OF HIGHER LEARNING IN THE EXEMPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. Section 8-17-50 of the 1976 Code, as last amended by Act 154 of 1977, is further amended by adding at the end:
"10. All teaching and research faculty, professional librarians, academic administrators, and all other persons holding faculty appointments at any post-secondary educational institution, including branch campuses, if any, as defined in Section 59-107-10, except the technical education colleges and centers provided for therein."
Performance appraisal procedure
Section 2. The 1976 Code is amended by adding:
"Section 8-17-60. With respect to the teaching and research faculty, professional librarians, academic administrators, and all other persons holding faculty appointments at post-secondary educational institutions described in item 10 of Section 8-17-50, each such institution shall, subject to the approval of the Personnel Division of the State Budget and Control Board and the Commission on Higher Education, promulgate in writing:
(a) A performance appraisal procedure which shall assure:
(1) annual review and evaluation of such employees;
(2) written findings;
(3) review of findings with each covered employee;
(4) retention of performance appraisals and written comments of such employee, if any, in a permanent file, with right of full disclosure to the employee.
(b) A grievance procedure which shall at an appropriate stage provide a hearing for such employees before an individual or committee designated for such purpose, at which the employee shall have the right to representation by counsel and the opportunity to present evidence in his behalf and which procedure shall include a right to appeal the decision to the governing board of the institution, or a committee designated by the board for such purpose, such appeal to be on the record of the hearing. Discrimination in compensation, promotion and work assignment shall be subjects for consideration by such grievance procedure. Dismissal of tenured or other permanent employees and dismissal prior to the end of an employment contract term shall be only for cause, and shall be subject for consideration by such grievance procedure. Grant or failure to grant tenured status to such employees or non-renewal of employment contracts at the end of the contract term shall not be subject for consideration by such grievance procedure."
Procedures submitted to commission
Section 3. The performance appraisal policy and grievance procedure provided for in Section 8-17-60 of the 1976 Code shall be submitted to the Commission on Higher Education and to the Personnel Division of the Budget and Control Board for approval on or before December 31, 1980.
Section 4. This act shall take effect upon approval by the Governor.