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SETTLEMENT AGREEMENTThis Settlement Agreement ("Agreement") is entered into by ROXANN SOLIS("SOLIS"), and the SAN DIEGO COMMUNITY COLLEGE DISTRICT ("DISTRICT")regarding the Recommendation of Termination of SOLIS which was the subject of the DisciplineNotice dated January 16, 2018. The parties intend to resolve all disputes regarding SOLIS'sNotice of Discipline.The parties agree as follows:1.This is a one-time, non-precedent-setting agreement. Nothing herein shall beinterpreted as evidence or establishment of any practice or policy.2.DISTRICT agrees to reduce the termination referenced in the Discipline Noticedated January 16, 2018 to a ten (IO) day suspension without pay. The ten (10)day suspension without pay will be served two days a week over a period of fiveweeks. The suspension days are as follows: March 21; April 4, 11, 18, 24, 26;May 1, 3, 8, 10. The DISTRICT will revise the disciplinary documents to onlyinclude a charge that Solis violated a lawful or official District policy, procedure,regulation, or order (call-back policy). Solis shall have the right, pursuant toEducation Code section 87031 (b )(1 ), to attach a written response to thedisciplinary documents.3.SOLIS agrees that she will not appeal the ten (10) day suspension without pay orto initiate any grievance or any other administrative or judicial complaint basedin whole or in part on the matters alleged in or related to this disciplinary action.4.Each party acknowledges and agrees that in signing this Agreement, that party isnot relying on any promises or representations that are not expressly containedherein. This Agreement, in writing, constitutes the entire agreement ofsettlement and release between the parties, and there are no other agreementsexpanding or modifying its terms. The provisions of this Agreement can only bemodified in a writing that expressly states that modification of this Agreement isintended.5.The parties agree that this Agreement constitutes the full and complete resolutionof the issues related to the Notice of Discipline dated January 16, 2018 and theinvestigation conducted by Alison Alpert on which the Notice of Discipline wasbased, and the parties further agree that no additional sanctions, penalties, orremedies beyond those set forth herein will be pursued by either party.
6.The parties agree to promptly perform any additional acts required to affect theirintentions to fully settle the disputes descn'bed above.SAN DIEGO COMMUNITY COLLEGE DISTRICTDatOO:S/'f;kcL(/.:::?4LdBy:William Surbrook- ::::::Vice Chancellor Human Resources
SAN DIEGO COMMUNITY COLLEGE DISTRICT.13-5 (111m1111 dd Hrn \ourh,\ ,111 I hq!,(I. c. di/1imi.1 9.! I 08 3883( I 'J-. 88 - 6 )()() II\ (01 1 1 ,II:\11\.\ 0111(,1I\llll\ \ l \ R(()lllC.II(0\:ll\:ll:-.c. ll l( \110!\Hum1111 Resources(1 / J-. 1H8 (i 58'J l .i11tt'l!t1r\ "fr,! : IXVIA CERTIFIED MAIL 7017 2400 0001 1192 2016U.S . Postal Delivery and Email tot!J(J/'J-. )88 MN ./------ - -: .· ; ; . - · -··,--- ·- -March 15, 2018l1n: 1Vl L .;TO:Roxann Solis, City College Accounting SupervisorFROM:William Surbrook, Vice Chancellor, Human ResourcesRE:Notice of Ten (10) Day Suspension L. ,·- .1'· - :, . .H ··. -·- ,-. ,. -- d .: 1 .J u c1·-- LJ UA l t: . This letter is to notify you that you will serve a Ten (10) Day Suspension without pay based on thefollowing grounds as listed in the Human Resources Instruction Manual File#DI-3110, Causes forDisciplinary Action (Attachment A).26.Violation of any lawful or official District policy, procedure, regulation, or order. (The policyviolated was Section 5. 7. 9 ofthe SPAA Handbook, (Attachment B).The above grounds are based on the following:BackgroundOn or about May 8, 2017, Investigator Alison Alpert ("Investigator") was requested by San DiegoCommunity College District ("District"), to conduct an independent investigation and prepare aConfidential Investigation Report regarding potential misconduct by City College Vice President ofAdministrative Services Seher Awan ("Awan") and City College Administrative Services ManagerRoxann Solis ("Solis"). In particular, it was alleged that there may have been violations of the Districtpolicy relating to "call-back pay."Violation of Call-Back Time ProvisionThe provision that allows call-back time for an exempt employee is found in Section 5.7.9 of the SPAAHandbook. That provision states:5.7.9 An exempt employee who has completed his/her shift and is calledback to work or requested to report earlier than their normal scheduledwork day shall be guaranteed two and one-half (2-1/2) hours work, whichincludes thirty (30) minutes travel time, and shall receive compensatory timeoff at the rate of one and one-half ( 1-1 /2) times in lieu of monetary compensation.Page l of2
If the accrued time cannot be scheduled to be taken within six (6) months of accrual,the exempt employee will receive pay for those hours at one and one-half (1-112)times their regular rate of pay.Based on the information received during the investigation, it has been determined that you did notfollow the provisions set forth in Section 5.7.9 of the SPAA Handbook regarding Call-Back time. Forthis reason, you will serve a ten (10) day suspension without pay.Effective immediately you are directed to: Abide by all District policies and procedures. Should there be any question regarding theappropriate implementation of the policy or procedure, please contact your immediate supervisoror the appropriate District administrative department. Refrain from any acts of intimidation or retaliation towards employees and co-workers. Anysuch acts shall be grounds for further disciplinary action up to and including dismissal.Discipline will be imposed as follows:Ten (10) day suspension without pay:March 21April 4, 11, 18, 24, 26May 1, 3, 8, 10Attachments Attachment A: Human Resources Instruction Manual, Causes for Disciplinary Action Attachment B: SPAA Handbookcc:Ricky Shabazz, President, City CollegeSeher Awan, Vice President of Administration, City CollegeEmployee RelationsEmployee Personnel FilePage 2 of2
ATTACHMENT A
Human Resources Instructional Manual File #Dl-3110CAUSES FOR DISCIPLINARY ACTIONThe following is a list of some major reasons or causes for which discipline may be proposed. To theextent possible, supervisors and managers should cite these whenever applicable in the disciplinarynotices. Depending upon the severity, consequence(s), and frequency of any cause(s), the level ofappropriate discipline may vary from "warning" to "discharge".1.Falsification of personnel records or other documents;2.Absence without reasonable cause and proper authority;3.Unauthorized absence from the assigned duty station during the scheduled work day;4. Threatening, coercing, intimidating, assaulting, or interfering with employees or supervisors atanytime;5.Unauthorized soliciting or collecting of contributions for any purpose on District premises;6.Unauthorized distribution of literature, or written or printed matter on District premises;7.Misuse, unauthorized removal from the premises of records, equipment, files, documents, orconfidential information;8.Making or publishing of false, vicious or malicious statements concerning any employee,supervisor, or manager;9.Theft or misappropriation of property of employees or of the District;10. Permanent or chronic physical ailment or defect which incapacitates the employee from theproper performance of assigned duties even with accommodations; (refer to Human Resourcesinstruction EA 4045, ADA Accommodations - Employees)11. Conviction of a criminal offense involving moral turpitude, which shall be construed to mean anyact of baseness, vileness or depravity; or any act contrary to justice and honesty; or any act donewith deception, or through corrupt motives. The commission of certain minor offenses does notfall within the scope of this definition.12. Negligence or willful misconduct which has caused damage to public property or waste of publicsupplies;13. Any conduct of such a nature that it causes discredit to the agency, or his or her employment;
14. Absence without leave, or failure to report after leave of absence has expired, or after suchleave of absence has been disapproved or revoked and canceled. However, if such absence orfailure to report is excusable, the supervisor may dismiss the charges.15. Incompetence or inefficiency in the performance of assigned duties;16. Violation of any lawful or official policy, procedure, regulation or order, or failure to obey anylawful and reasonable direction given by the employee's supervisor when such an act results inloss, inconvenience, or injury to the District, the public, or other employees or students;17. Soliciting or taking for personal use, a fee, gift, or other valuable thing in the course of assignedwork, or in connection with the contributing party's expectation or hope of receiving favorableor better treatment than that afforded other persons;18. Hindering the regular or normal operation of the office or site because of excessiveabsenteeism, disorderly conduct, neglect of duty, or performance while under the influence ofalcohol or any illegal intoxicants;19. Engaging in any activity which is deemed a conflict of interest;20. Any other act of an employee which is deemed negligent or unsatisfactory, and is in conflict withthe furtherance of organizational goals and objectives;21. Insubordinate behavior or conduct or insolent behavior;22. Sexual harassment;23. Failure to submit to drug or alcohol testing when there is individualized reasonable suspicion.
ATTACHMENTB
SUPERVISORY AND PROFESSIONAL ADMINISTRATORSASSOCIATION HANDBOOK5.7.9An exempt employee who has completed his/her shift and is called back to workor requested to report earlier than their normal scheduled work day shall beguaranteed two and one-half (2-1/2) hours work, which includes thirty (30)minutes travel time, and shall receive compensatory time off at the rate of one andone-half (1-1/2) times in lieu of monetary compensation. If the accrued timecannot be scheduled to be taken within six (6) months of accrual, the exemptemployee will receive pay for those hours at one and one-half (1-112) times theirregular rate of pay.
SAN DIEGO COMMUNITY COLLEGE DISTRICT.u-) C.r111i1111 ti,/ Rw'w11tl1\111 1 lt'go. ( ,r/if11mill J.! I OH- 188.)(, / 9-. 88(i )(J{)C l !\ Oll l ,JI\11 ' \C OllH , II\l l R\\l\R C O l ll . 1l Cl 'I I ' I I-.; l , II H \ I I l !\Hu111a11 ResourcesI /ItVIA CERTIFIED MAIL 7017 2400 00011192 2016U.S. Postal Delivery and Email to(l dlltt /1111I- I\'( 1/'J-.188- (1 )8')(Jf9-388 ri8 rMarch 14, 2018Roxann SolisSUBJECT:Notice of Return to WorkOn January 16, 2018, you were placed on paid administrative leave pending the outcome of aninvestigation regarding allegations of misconduct. The investigation has now concluded and you arcexpected to return to work on Monday, March 19, 2018.You are prohibited from engaging in any retaliatory actions or behaviors toward any witnesses or otherparties associated with this investigation or to inquire with any District employee whether they areaware of or have participated in the investigation.Should you have any questions regarding this action, please contact me directly at 619-388-6589.Sincere 2:,./ /Z----Will SurbrookVice Chancellor, Human ResourcesSan Diego Community College Districtcc:Ricky Shabazz, President, City CollegeSeher Awan, Vice President of Administration, City CollegeEmployee RelationsEmployee Personnel File
Confidential Investigation Report regarding potential misconduct by City College Vice President of Administrative Services Seher Awan ("Awan") and City College Administrative Services Manager Roxann Solis ("Solis"). In particular, it was alleged that there may have been violations of the District policy relating to "call-back pay."
