Policy Management Area: Human Resources and Equal Opportunity

Transcription

1 Policy Title: Disciplinary Action and for Cause Policy Number: FAST-HREO 222 Policies Superseded: 1247; HREO- 147 Policy Approved: October 2011 Review/revision(s): October 2011 Policy Management Area: Human Resources and Equal Opportunity THE LANGUAGE USED IN THE UNIVERSITY POLICIES AND PROCEDURES MANUAL DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE UNIVERSITY. THE POLICIES AND PROCEDURES MANUAL DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS, EITHER EXPRESSED OR IMPLIED. THE UNIVERSITY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS MANUAL, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. SUMMARY: This document sets forth examples of causes for disciplinary action and standard ranges of penalties for uniform administration of disciplinary action including termination for cause. The policy applies to classified and unclassified non academic employees of Coastal Carolina University. This progressive discipline policy does not apply to probationary employees who may be disciplined at the agency s discretion. POLICY: I. Policy A. employees are expected to comply with appropriate University policies and procedures as well as state and federal laws, rules and regulations. Employees who are found to be in violation of such policies, procedures, laws, rules or regulations may be given an opportunity to improve, if justified by the circumstances. B. University employees are expected to conduct their work efficiently and effectively, and to be mindful of the public s expectations of the University and its employees. Supervisors are expected to set an example by their own conduct, attitudes and work habits. FAST-HREO 222 Disciplinary Action and for Cause Page 1 of 11

2 C. It is the intent of this policy to ensure that supervisors are consistent in taking disciplinary action against employees involved in similar situations. D. An employee s signature on a disciplinary action denotes only that the employee has received the Notice of Disciplinary Action and does not necessarily mean that the employee agrees with the action. In the event the employee refuses to sign the Notice of Disciplinary action, a notation will be made of this on the notice and, if possible, witnessed by one other supervisory employee as attested by his/her signature. E. Employee Relations Assistance 1. Supervisors and employees are encouraged to seek resolution of workplace disputes through their line of supervision first; however, if that option is not realistic given the elements of the dispute, both supervisors and employees are encouraged to contact the Office of Human Resources and Equal Opportunity (HREO) for assistance with employee relations matters. 2. Employees who wish to visit HREO for employee relations assistance will be given reasonable time away from their jobs for such purpose. Employees and supervisors may neither be forbidden from contacting HREO nor be retaliated against for contacting HREO. F. Disciplinary Action 1. Disciplinary action should be addressed through progressive and constructive measures for the correction of deficiencies in the conduct of employees before resorting to termination. 2. For just cause, any classified and unclassified non-academic employee may be counseled, warned, reprimanded, suspended or terminated whenever such action is considered necessary by the supervisor or higher level administrative official within the employee s line of supervision. 3. University employees who are in violation of University policies or rules will be given the opportunity to improve before being terminated, unless the seriousness of the conduct or rule violation justifies immediate termination. 4. University employees who are suspected of being in violation of University policies or rules will be informed of the violation and will be given the opportunity to explain their actions, unless the seriousness of the violation justifies immediate action. In all cases of immediate action, the employee will have an opportunity to be heard as soon after the action as is administratively practicable. 5. The circumstances surrounding the misconduct or inappropriate workplace behavior will normally suggest what disciplinary action should be taken. Circumstances to be considered include the severity of the misconduct or behavior, FAST-HREO 222 Disciplinary Action and for Cause Page 2 of 11

3 the number of times it has occurred and any previous counseling or disciplinary actions taken. 6. No disciplinary action beyond a written reprimand may be taken without authorization of the department head unless the seriousness of the deficiency or violation calls for immediate action. In all cases of immediate action, the employee will have an opportunity to be heard as soon after the action as is administratively practicable. 7. When the misconduct constitutes a termination, criminal violation or requires other investigation, the employee may be suspended without pay pending the results of the investigation. 8. The employee may attach additional comments to any disciplinary action, if desired, within fourteen (14) calendar days from the date the disciplinary action is taken. G. Voluntary Resignations Employees who voluntarily fail to report to work for three (3) consecutive workdays and fail to contact the University during this time period will be considered to have voluntarily resigned. H. Performance Issues All performance related problems should be addressed using the guidelines established in the Employee Performance Management System, Section FAST-HREO 221 of the University Policies and Procedures Manual. II. Types of Discipline and Related Procedures A. Counseling and/or oral warning are normally sufficient for the first occurrence of a minor offense. 1. A record of counseling or oral warning should be made and retained by the supervisor; however, at this stage it is not necessary to send a copy to the employee s official personnel file; however, a copy of an oral warning will be given to the employee. 2. Counseling and/or oral warnings may not be grieved through the University Grievance Policy. 3. Procedure The supervisor should speak privately with the employee to correct minor deficiencies in conduct. The conversation should include the following: FAST-HREO 222 Disciplinary Action and for Cause Page 3 of 11

4 a. an explanation to the employee of how expectations for employee conduct have not been met; b. a thorough review of what is expected of the employee; c. a chance for the employee to explain the reasons for the conduct; and d. specific suggestions by the supervisor to the employee on ways the conduct may be improved. B. 1. A written reprimand should be given to the employee if the seriousness of the offense calls for such action or if previous counseling or oral warnings have not produced the desired results. 2. reprimands may not be grieved through the University Grievance Policy. 3. Procedure A written reprimand must be addressed to the employee, placed in the employee s official personnel file and must include the following: C. Suspension a. heading or label of written reprimand; b. policy or procedure violated, misconduct or other actions necessitating disciplinary action; c. ways deficiencies in conduct may be overcome; d. possible consequences if satisfactory improvement is not made immediately; e. signature of the employee to show that the written reprimand has been received and understood; and f. at the option of the employee, attachment(s) to the written reprimand from the employee explaining the conduct in writing. 1. The employee may be suspended if repetition of an offense (for which a written reprimand has been given) occurs, or if a violation of rules or policies occurs which is serious but for which termination is not appropriate. 2. Before an employee is suspended, the department head and the responsible Vice President must give authorization for such action unless the seriousness of the conduct or rule violation calls for immediate suspension. The department head and/or supervisor giving the suspension must consult with the Executive Director of Human Resources and Organizational Development or designee, prior to determining the length of the suspension. 3. If an employee has been charged with a crime for which there is probable cause for arrest and raises a reasonable concern or belief that the presence of the employee on FAST-HREO 222 Disciplinary Action and for Cause Page 4 of 11

5 the job would or could be harmful to the employee, other employees, students or members of the University community, or that the employee would be unable to properly perform the duties of the position, the employee may be suspended. Suspensions may continue pending the outcome of the criminal charge and/or thorough investigation by the University. 4. Suspension is always without pay. 5. Procedure The notice of suspension must be addressed to the employee, placed in the employee s official personnel file and must include the following: D. a. heading or label as notice of suspension without pay; b. previous disciplinary steps taken, if any were taken; c. policies or rules violated or other actions necessitating suspension; d. specific dates of the suspension; e. corrective actions needed by the employee; f. the possibility of termination in the case of a recurrence or if the employee is subsequently found guilty of misdemeanor or felony charges or other evidence of serious wrongdoing; g. signature of the employee to show that the notice of suspension has been received and understood; h. employee s right to appeal the suspension under the University Grievance Policy, Section FAST-HREO 212 of the University Policies and Procedures Manual; and i. at the option of the employee, attachment(s) to the written notice of suspension from the employee explaining the conduct in writing, within fourteen (14) calendar days of the notice of suspension. 1. An employee who has been given the opportunity to improve deficiencies in conduct in accordance with this policy and whose misconduct or violation of rules continues will be terminated. 2. Before an employee is terminated, the responsible Vice President must give authorization for such action unless the seriousness of the conduct or the rule violation justifies immediate termination. 3. Procedure The notice of termination must be addressed to the employee, signed by the supervisor, placed in the employee s personnel file and must include the following: FAST-HREO 222 Disciplinary Action and for Cause Page 5 of 11

6 a. heading or label of notice of termination; b. previous disciplinary steps relating to violation of policies and/or rules, misconduct or other actions necessitating termination, if any were taken; and c. the right to appeal the termination through the University Grievance Policy, Section FAST-HREO 212 of the University Policies and Procedures Manual. E. Conduct Requiring Disciplinary Action and Recommended Uniform Penalties 1. Listed below are disciplinary actions in response to specific offenses or conduct violations and the recommended uniform penalties for such conduct. The list is intended to be used as a guide and is not intended to be inclusive of all causes or offenses or resulting penalties. In the event of an inconsistency between the recommended uniform penalty shown below and the narrative portion of this policy, the narrative portion will prevail. 2. At the occurrence of any of the listed offenses or any that are not listed, the appropriate discipline will be determined after the particular circumstances of the case have been carefully considered. OFFENSE OR Unauthorized Use of University Equipment or Property 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE Careless, Negligent or Improper Use of University Equipment or Property Destruction or Willful Misuse of University Property or Equipment Working on Personal Jobs During Work Hours Failure to Obtain or Maintain a License or Certificate Required as a Condition of Employment Discourteous Treatment of Visitors and/or Customers to Suspension FAST-HREO 222 Disciplinary Action and for Cause Page 6 of 11

7 OFFENSE OR Failure to Maintain Satisfactory and Harmonious Working Relationships with the Public and/or Employees 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE Suspension Unauthorized Overtime Worked by a Non- Exempt Employee Suspension Habitual Tardiness or Failure to Observe Assigned Work Hours Suspension Unauthorized Leave Suspension Abuse of Sick Leave Suspension (See provisions of Family & Medical Leave Act and Americans with Disabilities Act) Excessive Absenteeism (LWOP and Sick Leave) To be used for employees who become unreliable because of frequent absenteeism, even if for good and sufficient reasons. should be preceded by oral counseling in an attempt to inform the employee of the problem. See provisions of Family & Medical Leave Act and Americans with Disabilities Act, Section FAST-HREO 219 of the University Policies and Procedures Manual. Leaving Work Station Without Authorization Suspension Insubordination or Refusal to Accept a Reasonable and Proper Assignment From an Authorized Supervisor Acceptance, Without Prior Approval, of Outside Employment or Compensation that is FAST-HREO 222 Disciplinary Action and for Cause Page 7 of 11

8 Found to be a Conflict of Interest OFFENSE OR Falsification of Records Including Employment Application 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE Unauthorized Release of Records or Information Contained Therein Unauthorized Release of Electronic Files, Records or Information Contained Therein Acceptance of Gifts in Exchange for Favors or Influence Negligence Excessive Use of Telephone or Other Telecommunications Equipment (e.g., Internet) Sleeping While on Duty Horseplay or Loafing Suspension Malicious Use of Profane/Abusive Language to Others Interference with another Employee's Work FAST-HREO 222 Disciplinary Action and for Cause Page 8 of 11

9 OFFENSE OR Defacing University Property 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE Guilty of Gross Misconduct or Conduct Unbecoming a University Employee Which Substantially Affects the Employee's Fitness to Perform Assigned Duties Willful False Statements to a Supervisor Stealing Fighting Arrest or Conviction of Criminal Charges Such That the Employee's Presence on the Job Could or Would be Harmful to the Employee or Others or Such that the Employee's Employment is Affected Conviction of a Felony Reporting to Work Under the Influence of Alcohol and/or Illegal Drugs Drinking Alcoholic Beverages on the Job (Note: Refer to Section of the South Carolina Code of Law; Act on Alcoholism.) (Note: Refer to Section of the South Carolina Code of Law; Act on Alcoholism.) FAST-HREO 222 Disciplinary Action and for Cause Page 9 of 11

10 Possessing, Using or Selling Illegal Drugs on the Job OFFENSE OR Unauthorized Possession of Firearms or Lethal Weapons on the Job 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE Threatening or Making Threatening Actions Toward Another Employee See: Section FINA- 506 Workplace Violence of the University s Policies and Procedures Manual. Willful Acts That Would Endanger the Lives or Property of Others Sexual Harassment to to Unauthorized Sales or Solicitation on University Premises Unauthorized Distribution of or Printed Material of any Kind on University Premises Engaging in Work Stoppages, Slowdowns or Strikes Willful Violation of Rules, Instructions, Regulations or Policies Any Accumulation of Three Offenses Where the 1st Offense Calls for an Oral or FAST-HREO 222 Disciplinary Action and for Cause Page 10 of 11

11 Within a Period of 365 Calendar Days OFFENSE OR Any Accumulation of Three Offenses Where the 1st or 2nd Offense Calls for Suspension Within a Period of 365 Calendar Days Any action of Violence in the Workplace 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE Any Discrimination in the Workplace to to Retaliation for filing a Complaint or Serving as a Witness Regarding Suspected Waste, Fraud, Abuse, Mismanagement, Acts of Illegal Discrimination or Harassment, Violations of Law, Violations of Policies And Procedures or Other Codes of Ethics and Integrity Adopted by the University to to FAST-HREO 222 Disciplinary Action and for Cause Page 11 of 11