Purpose

To define the types of disciplinary actions advocated by the University, the causes for disciplinary actions, and to provide guidelines for the use of progressive discipline actions when necessary.

Progressive Discipline

The University advocates progressive discipline when appropriate. Progressive discipline is a process in which disciplinary action is taken in degrees of increasing severity. The action taken will depend on the degree and the circumstances of the violation. An employee who fails to adequately perform assigned duties or who violates established policies will be disciplined.

Causes of Actions

Some of the causes of disciplinary actions are listed below. Disciplinary action is not limited to the offenses listed:

1. chronic tardiness or absenteeism,
2. negligence in performing assigned duties, including careless or substandard workmanship resulting in waste, spoilage or delay,
3. inefficiency in performing assigned duties,
4. inability or unfitness to perform assigned duties,
5. insubordination,
6. misconduct,
7. conduct reflecting discredit on the University or department,
8. failure to report to work without justifiable cause,
9. political activity that is prohibited by these policies,
10. misuse or misappropriation of University property,
11. posting, defacing, or removing notices, from University bulletin boards or other public places,
12. leaving the workplace location during work shift without authorization,
13. failure to adhere to departmental regulations (i.e. punching time clock),
14. use of profane or obscene language,
15. violation of safety rules and practices,
16. gambling or possession of gambling devices on University property,
17. sleeping or giving the impression of sleeping during working hours,
18. falsifying or altering time cards or records, including punching another employee's time card,
19. reporting to work while under the influence of alcoholic beverages, or narcotics, or possession or use of these on University property,
20. immoral conduct or indecency,
21. fighting, assault, attempted assault, or threatening anyone on University property,
22. conviction in a criminal court for a crime involving moral turpitude,
23. theft of University property, or theft of any property while on University premises,
24. unauthorized possession of weapons or explosives on University property,
25. falsification of employment application,
26. any other behavior which is inconsistent with proper behavior.

Types of Actions

The five type of disciplinary actions recognized by the University fall into two general categories, reprimands and adverse actions.

Reprimands

A reprimand is a formal means of communicating to the employee a warning that a problem exists and that it must be corrected. There are two (2) degrees of formality, the oral reprimand and the written reprimand.

Oral Reprimand

An oral reprimand is a verbal explanation by a supervisor to an employee, that he or she is being reprimanded. The supervisor should explain the problem and what must be done to correct it. In most cases, no formal record of the reprimand is appended to the employee's personnel file. The supervisor must keep a record of the oral warning.

Written Reprimand

In the written reprimand, the employee will receive a written statement describing the problem and what must be done to correct it. If the employee is at work the written statement will be given to the employee during a private interview. If it is necessary to deliver the reprimand to the employee outside of the workplace, it must be sent by certified mail. A copy of the written reprimand will be placed in the employee's personnel file.

Adverse Actions

An adverse action is an action taken by the supervisor or department head, for cause, that results in a disciplinary suspension without pay, disciplinary demotion, or disciplinary dismissal.

Suspension Without Pay

An employee may be suspended without pay for a violation of accepted policies governing performance and conduct. The suspension without pay shall not exceed thirty (30) days.

Disciplinary Demotion

An employee may be demoted from one pay grade to a lower grade for disciplinary reasons, if a lower position is open and if the employee is qualified to perform the work at the lower position. A disciplinary demotion must include a decrease in salary.

Dismissal

An employee may be dismissed for disciplinary reasons when progressive disciplinary actions have failed to solve the problem, or when the nature of the employees infraction warrants such actions, or when it is necessary to remove the employee from the work place immediately and/or permanently.

Notice of Adverse Action

After consultation with the Human Resources Manager, the Department Head or his or her designee will give the employee written notification of the impending adverse action. The notification will include the following:

1. the effective date of the action,
2. the specific charges or reasons for the action,
3. notice of the employees right to appeal,
4. procedure and deadline for filing an appeal.

Due Process

Any non-probationary employee on a regular appointment who has had an adverse action taken, or any employee who has reason to believe that an adverse action was taken against them based upon unlawful discrimination because of race, sex, age, religion, national origin, or disability, may file an appeal. He or she may do so by following the procedure outlined in Section VII No. 37.00Appeals.

Emergency Action

The President or his or her designee may take immediate action against an employee charged with an offense to suspend the employee with pay until an investigation can be conducted. If discipline is appropriate, the procedure described in Dismissals above will be followed.  If the employee is unable to communicate or respond, the employee will be placed on Leave Without Pay until it can be determined by the University what appropriate action will be taken. Examples of emergency situations are:

1. when crimes of moral turpitude are committed,
2. when an employee may be injurious to himself/herself, fellow workers, or the general public,
3. when an employee may damage public property.