POLICIES AND PROCEDURES |Human Resources | 5.29 Disciplinary Action | 5.29.1 Procedure
Disciplinary Action
The causes for disciplinary action to include suspension and/or dismissal fall into two
categories: (a) causes relating to performance of duties, and (b) causes relating to personal conduct detrimental to the college. Causes for disciplinary action, suspension and/or dismissal shall include, but not necessarily be limited to:
Performance of Duties
- Inefficiency or incompetence in the performance of duties.
- Negligence in the performance of duties.
- Careless, negligent, or improper use of college property or equipment.
- Failure to maintain satisfactory and harmonious working relationship with the public and/or employees.
- Habitual improper use of sick leave privileges.
- Habitual pattern of failure to report for duty at the assigned time and place.
- Failure to obtain or maintain a current license or certificate required by law as a condition for performing the job.
Personal Conduct
- *Engaging in gross, infamous or notoriously disgraceful conduct or other conduct prejudicial to the college.
- *Conviction of a felony.
- *Conviction of a criminal act involving immoral or dishonest conduct.
- *Misuse of college funds.
- *Falsified job information to secure position with the college.
- *Participation in any action that would in any way seriously disrupt or disturb the normal operation of the institution.
- *Willful damage or destruction of property.
- *Willful acts that would endanger the lives and property of others.
- *Possession of unauthorized firearms or lethal weapons on the job.
- *Refusal to accept a reasonable and proper assignment from an authorized supervisor (insubordination).
- *Reporting to work under the influence of alcohol or drugs.
- *Acceptance of gifts in exchange for "favors" or "influences."
- *Wrongful disclosure of confidential information from official records.
- *Engaging in incompatible employment or serving a conflicting interest.
- *Taking part in political management or political campaigns prohibited by law.
- *Sexual harassment.
- *Making false, misleading or ambiguous statements, deliberately or willfully, whether verbal or written, in connection with any official college business or records.
- *Any other incident deemed by the college administration to adversely affect the reputation and well-being of the college
Depending on the severity or nature of the action, suspension and/or termination of employment may result on the first offense. Examples of violations that may be result in dismissal on the first offense are indicated above with an asterisk.
Except for situations that may warrant immediate dismissal, employees who are disciplined for unsatisfactory performance of duties or personal conduct not rising to this level should receive at least two warnings. First, an oral warning with a follow-up letter from the supervisor to the employee documenting the deficiency (ies) in performance which was/were discussed and the improvement(s) required. Second, a formal written warning which will serve notice upon the employee that a continuation of the deficiencies in performance may result in further disciplinary action including suspension, loss of pay, or dismissal.
Oral Warning
Review with the employee exactly what is expected of him/her and why. Explain to the
employee how he/she has not met the requirements and why his/her performance has been unacceptable. Allow the employee to give the reasons for his/her actions or failures. Make suggestions for corrections. Establish a reasonable period of time for the employee to correct the problem. Review with the Human Resources Office and any intermediate supervisor the contents of the follow-up letter to the employee prior to a delivery of this letter to the employee by the supervisor.
Formal Written Warning
Before issuing the formal written warning, the Human Resources Administrator must review the contents of the letter which will include a notice to the employee that a continuation of the practice may result in dismissal.
Suspension Guidelines
- Suspension is for use at the President’s discretion, to discipline. Such disciplinary suspension may not exceed 10 working days without pay, except for the suspension of an employee because of a pending criminal charge.
- When immediate suspension is made, the appropriate vice president and the supervisor will tell the employee to leave the college property at once and remain away until further notice.
- A written statement must be prepared giving the circumstances and facts which led to the decision for suspension and a copy furnished the employee at a reasonable later date.
- Failure of the employee to report back to work when requested, or at the suspension expiration date, will be considered a termination of his/her employment, and any subsequent reinstatement or re-employment shall be on the basis of new employment.
- Any suspension must be fully documented, stating:
- Beginning date
- Reasons for action
- Brief description of plans and procedures for solving problem
- Signature of appropriate levels of authority
- At the conclusion of the suspension, dates and details of the action taken shall be placed in the appropriate personnel file
Dismissal of Employees
Before an employee is dismissed because of unsatisfactory performance of duties or personal conduct, the following should occur:
- With the assistance of the Human Resources Administrator, the supervisor will prepare a written summary of the case and forward to the appropriate vice president and President for review.
- The President will be notified of each proposed dismissal.
- A copy of the notice of dismissal will be placed in the employee’s file.
Exception: An employee may be dismissed without warning for cause(s) relating to personal conduct detrimental to college or state service in order to avoid undue disruption of work or to protect the safety of persons or property or for other serious reasons.