Policy Number: 35
CIVIL SERVICE DISCIPLINARY MANAGEMENT
In accordance with existing Civil Service rules and generally expected standards of employee conduct, what follows are some types of behavior that may result in disciplinary action up to and including discharge. This list is not intended to be all inclusive, but should function as a guide to both the employee and supervisor.
Unauthorized and unexcused absence
Leaving work without authority
Habitual lateness
Key duplication and/or unauthorized possession of keys
Misrepresentation of absence
Falsification of records
Refusal or neglect to do work assigned
Failure to follow work schedule
Failure to follow time schedules
Insolence
Failure to adhere to departmental regulations
Insubordination
Smoking in prohibited areas
Disregard of safety regulations
Careless workmanship resulting in spoilage, waste, or delay
Theft
Unauthorized use of institutional property
Gambling on institutional property
Creating or contributing to unsanitary conditions
Horseplay or scuffling
Fighting
Sleeping during working hours
Drinking intoxicating liquors on institutional time or property
Inability to perform satisfactorily assigned duties as a result of drinking
alcoholic beverages
Malicious damage to property, tools, or equipment
Immoral or indecent conduct
Conviction of an offense involving moral turpitude
Illegal use or possession of controlled substances, drugs and/or narcotics
Criminal drug statute convictions for a violation occurring in the workplace
The University subscribes to the principle of the use of discipline to correct employee conduct and/or behavior. Such discipline will normally be issued in a progressive manner dependent upon the facts and circumstances of individual cases. Prior discipline may be considered dependent upon the individual circumstances of the instant case (or under such time limits as prescribed within individual collective bargaining agreements).
The appropriate forms of disciplinary action shall include:
Oral Reprimand
Oral reprimand involves a discussion between the supervisor and the employee
regarding the infraction with an emphasis on correcting the employee's behavior. A confirmation of an oral reprimand may
be kept in the employee's personnel file.
Written Reprimand
For more serious or repeated cases of rules infractions, the supervisor shall
counsel the employee as to the correct and expected behavior as well as record
the circumstances of the violation in memorandum form, giving the original to
the employee and placing a copy in the employee's personnel file.
Suspension
The suspension of an employee shall be based on the recommendations of the
supervisor and shall be subject to the approval of the Director of Human
Resources, or designee, to insure consistency of action throughout the
institution. The Director of Human
Resources will issue all suspensions.
Discharge
When less severe actions fail in correcting an employee's job-related behavior,
or when the offense requires immediate separation from employment, a
"discharge action" shall be taken. The supervisor shall normally recommend the action which
shall then be subject to the approval of the Director of Human Resources, who
shall issue the discharge.
Appeal and Grievance Procedure
The employee shall have the option to provide a written rebuttal or
clarification at any step in the disciplinary process. The employee's statement will be added
to the employee's personnel file. Appeals
of disciplinary action shall be made in accordance with the Grievance Procedures for Civil Service Employees. The employee will be informed of
procedures for appeal of a suspension greater than thirty days or of discharge.
Responsibilities
Supervisor: To initiate, upon consultation with the Director of Human
Resources, oral and/or written reprimand action. To provide employee counsel and follow-up to assist problem
correction. To recommend to the
appropriate Department Head, Dean, Director or Vice President, after
consultation with the Director of Human Resources, employee suspension and/or
discharge.
Department Head, Dean, Director, Vice President: To review Supervisor's suspension and/or discharge recommendation and provide a recommended action to the Director of Human Resources.
Director of Human Resources: To provide consultation to Supervisor, Department Head, and others. To insure appropriateness and consistency of disciplinary action. To provide final University approval to suspend or discharge and to issue all suspension and discharge notices.
GUIDELINES FOR SUPERVISORS
When a possible infraction has been observed and/or reported the immediate supervisor records observations or report of alleged infraction and proceeds with an investigation and review of the matter which shall include:
meeting with any individuals who observed or reported the possible infraction,
obtaining witness statements, if any, in writing, and securing any physical evidence related to the infraction,
checking with the Department of Human Resources to obtain employee's prior disciplinary history for determination of progressive and corrective nature of any contemplated discipline,
reviewing applicable collective bargaining agreement and/or University policy on implementation of specific disciplinary action and
meeting with the employee who allegedly committed the infraction.
Decision by Supervisor
Supervisor may impose an oral or written reprimand with notification forwarded to the Director of Human Resources that such discipline has been issued.
Supervisor may recommend a suspension by contacting the Director of Human Resources and supplying all relevant information on which the recommendation is based.
Supervisor may recommend a discharge by contacting the Director of Human Resources and supplying all relevant information on which the recommendation is based.
Supervisor should advise and/or seek approval of all appropriate administrative staff on disciplinary action to be taken.
Director of Personnel Review
When oral or written reprimands are issued, the Director of Human Resources shall review the disciplinary action for progressive and corrective nature of discipline.
If suspension or discharge is recommended, the Director must conduct a review of all information provided by supervisor.
The Director may conduct an independent investigation.
The Director shall review employee's personnel file.
The Director shall insure that all requirements of applicable collective bargaining agreements and/or University policy have been met.
Decision of Director of Human Resources
The Director shall recommend discipline appropriate for the infraction.
If facts warrant, the original recommended discipline may be lessened or increased.
The Director may determine that the facts do not warrant imposition of discipline.
Consultation With Others
The Director of Human Resources may contact the Vice President for Business Affairs on discipline matters to advise of facts of case and recommended actions, should the Vice President wish such involvement.
In the event of discharge, the Director of Human Resources shall contact the University Counsel concerning contemplated action with focus on: (a) facts relevant to proving infraction and (b) assistance in the writing of charges.
Notification To Employee
If notice of intent to discharge is issued and employee requests a meeting pursuant to State University Civil Service System rule, a meeting shall be held and the following actions taken:
Purpose of meeting shall be stated.
Rights of employee shall be stated.
Charges as stated in notice of intent shall be read and employee shall be asked if he/she has anything to state concerning the facts of the case or matters in justification or mitigation.
Approved:
President
September 21, 1988
Nomenclature Changes
July 16, 1997
Monitor: Vice President for Business Affairs