Disciplinary Actions

A disciplinary action involving loss of pay, such as demotion, suspension without pay or termination may be imposed by the Appointing Authority. To speak with Human Resources about questions on disciplinary actions or to initiate disciplinary actions please contact Employee Relations or 307-766-2438.

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Procedures

• Notice of Intent of Termination/Suspension/Demotion
  • The appointing authority, after consultation with Human Resources, shall inform the employee in writing of the notice of intent to take such an employment action and the reasons for the action.
• Notice of Termination/Suspension/Demotion
  • A final written disciplinary action decision shall be given to the employee within seven working days from the date of the notice of intent to take disciplinary action unless the Appointing Authority requires additional time to finalize the disciplinary action decision.

Appeal

An employee has the right to appeal any decision of any employment action involving loss of pay, suspension without pay, or termination.

• Process to Initiate the Appeal and Hearing:
  • The employee must file a written notice of appeal with Human Resources within seven working days from the date of the final, written disciplinary action decision. The notice of appeal must include a brief statement of the events giving rise to the disciplinary action and the relief sought.
  • Within seven working days of the receipt of the appeal, Human Resources shall submit the appeal to a Hearing Officer retained by the University, with notice to parties.
  • Within 10 working days after their appointment, the Hearing Officer shall consult with the parties in order to determine a mutually agreeable hearing date and shall establish a file and docket the case. Once the matter is scheduled, the Hearing Officer may at their discretion issue a continuance in order to accommodate scheduling other matters.
• Hearing:
  • The employee has the right to legal counsel at the employee's expense.
  • Discovery, if any, shall be limited. The parties will exchange relevant documents and a list of witnesses.  The Hearing Officer shall establish the limits for discovery. The employee may request in writing a copy of their complete employee record or other materials directly related to the disciplinary action, excluding any materials protected by attorney client privileges or other privileges.
  • 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.
  • The parties shall exchange exhibits and a list of witnesses at least five working days prior to the hearing.
  • No written pre-hearing motions are permitted; however, the parties may jointly communicate with the Hearing Officer.
  • The Hearing Officer may permit opening and closing statements by the parties.
  • Hearsay is permissible with relevancy and credibility as determined by the Hearing Officer.
  • The University shall have the burden of proof by "substantial evidence," which is evidence that a reasonable mind might accept as adequate to support a conclusion.
  • The Hearing Officer shall issue a written decision within 15 calendar 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 final and binding upon the parties. There shall be no further right of appeal.