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Employees are expected to follow all established rules and policies of their departments, the University, and the Trustees of the University. This disciplinary policy does not apply to probationary, at-will, and contract employees.
Below are the rules and policies for your review. If you would prefer to view these in an online training format, click here.
The University practices progressive discipline beginning with an oral warning, followed by a written reprimand in conjunction with disciplinary probation and/or a performance improvement plan, and finally, demotion, suspension or termination of employment. The University reserves the right to allow a supervisor to skip stages of the disciplinary process up to termination subject to the nature of the infraction.
Violations of University rules prohibiting discrimination and sexual harassment shall be addressed by the Employment Practices Office in accordance with procedures established in UniReg 5.
1. Cause for Discipline or Corrective Action
- All employees are expected to carry out their duties honestly, in good faith, and with diligent care. Cause for discipline shall include, but is not be limited to, poor work performance, dishonesty; drunkenness; absenteeism; damage or unauthorized use of State or University property; refusal to work; harassment; carelessness; assault; insubordination; discourteous treatment of other employees, students or the public; neglect of duty; violations of state or federal law; university rules and regulations; and other actions of misconduct.
2. Disciplinary Procedure
- ORAL: An oral warning is given by a supervisor when problems initially occur. Documentation of the oral warning is kept by the supervisor.
- WRITTEN REPRIMAND: A written reprimand may be imposed by the supervisor. In conjunction with the written reprimand, a supervisor may utilize disciplinary probation and/or a performance improvement plan in order to correct an employee's performance. Disciplinary probation is used to address employee misconduct that may or may not be related to job performance. If disciplinary probation is recommended by a supervisor, the terms and conditions of the disciplinary probation must be approved by Human Resources.
- The supervisor, after consultation with the appointing authority, will provide a letter to the employee imposing the discipline and providing reasons for such action. If the employee disagrees with the discipline, the employee may meet with the supervisor within 7 working days of the date of the disciplinary letter. If the discipline is not reversed by the supervisor after such meeting, the employee may provide a written response to the disciplinary letter. The written response must be provided to Human Resources and the supervisor within 14 days of the date of the disciplinary letter. Copies of the disciplinary letter and the employee's written reply will be placed in the employee's personnel file. No other appeal is available to the employee.
- NOTICE OF INTENT TO TAKE DISCIPLINARY ACTION (Termination/Suspension/Demotion): An employment action involving loss of pay, suspension without pay, or termination may be imposed by the appointing authority. The appointing authority, after consultation with Human Resources, shall inform the employee in writing of the notice of intent to take a negative employment action and the reasons for the action. An employee shall have the right to respond in writing or meet with the appointing authority within 7 working days of the date of the notice of intent. The appointing authority may extend the deadline for the meeting beyond 7 working days.
- NOTICE OF TERMINATION/SUSPENSION/DEMOTION: A final written disciplinary decision shall be given to the employee within 14 working days from the date of the notice of intent to take disciplinary action unless the appointing authority requires additional time to finalize the discipline.
- APPEAL PROCEDURE: An employee has the right to appeal any decision of any employment action involving loss of pay, suspension without pay or termination. The employee must file a notice of appeal within 7 working days of the date of the final, written disciplinary decision. The notice of appeal must include a brief statement of the events giving rise to the discipline and the relief sought.
- Within 7 working days, Human Resources shall submit the appeal to a Hearing Officer retained by the University, with notice to the parties.
3. Hearing Procedures
- The Hearing Officer shall schedule the hearing within 20 days of his appointment and shall establish a file and docket the case. Once the matter is scheduled, the Hearing Officer may issue a continuance in order to accommodate scheduling or other matters.
- The employee has the right to legal counsel at the employee's expense.
- Discovery shall be limited to an exchange between the parties of relevant documents and a list of witnesses. The Hearing Officer shall establish the time limits for discovery.
- No depositions may be taken unless a witness is unavailable for testimony in person or by telephone and the Hearing Officer determines that a deposition is necessary.
- Interrogatories are not permitted. No written pre-hearing motions are permitted.
- The parties may jointly communicate with the Hearing Officer by telephone.
- The Hearing Officer may permit opening and closing statements by the parties.
- The parties may call witnesses and cross-examine witnesses.
- Hearsay is permissible with relevancy and credibility as determined by the Hearing Officer.
- The University shall have the burden of proof by "substantial evidence" that is, evidence that a reasonable mind might accept as adequate to support a conclusion.
- The Hearing Officer shall issue a written decision within 15 days of the adjournment of the hearing and shall file the decision with Human Resources with copies to the parties.
- The decision of the Hearing Officer shall be limited to a finding of whether the evidence was sufficient to support the discipline.
- The decision of the Hearing Officer shall be final and binding upon the parties. There shall be no further right of appeal.