Procedure03.03.020.c Disciplinary Action Procedures
Disciplinary action will be the exceptional instance in a continuous process of individuals successfully relating to one another and to the College, but when all else fails, the action taken by the College should be restorative in nature and serve to reaffirm and enhance the concept of individual importance.
Employees may be disciplined for conduct that occurs outside of work if such conduct brings disrepute to the employee or College or negatively affects the employee’s ability to perform his or her job.
All discipline action is intended to be progressive in nature. However, the type of disciplinary action is entirely based on the factual situation as well as the nature, severity and type of offense. If warranted by the facts and situation, even for first time offenses, administrators/supervisors may recommend immediate dismissal.
In conjunction with related College policies and procedures, and under advisement from Director of Human Resources, supervisors are expected to follow the steps outlined below by utilizing the Employee Disciplinary Notice Form:
Step 1 – First Oral Warning: The responsible supervisor meets with the employee: (a) inform employee that this is the first step of the disciplinary process (b) to review expected job performance or conduct; (c) to explain specifically how the employee has not met College expectations; (d) to provide an opportunity for the employee to explain his/her actions; and, together, (e) to agree, if possible, on a course of action and time that will correct the job performance or conduct under question. The supervisor will record the date and notes of this meeting.
Step 2 – Official Written Warning/Reprimand: After giving an oral warning and allowing for a reasonable period of time to correct the problem(s) and/or behavior(s) as outlined in the oral warning, the supervisor shall meet with the employee for the purpose of delivering a written warning as defined in the oral warning. The written warning shall further document the continued problem(s) and/or behavior(s) and shall state that if the employee does not immediately correct the problem(s) and/or behavior(s), the employee may be subject to additional disciplinary action which could include dismissal. Before issuing to the employee the written warning, the appropriate Vice President and any intermediate superior/supervisor shall review the contents of the letter. A copy of the written warning, and all subsequent letters, shall also be included in the employee’s personnel file pursuant to Policy 03.04.001 – Personnel File.
Step 3 – Suspension: Upon recommendation of the appropriate Vice President, the President may decide to use suspension or move directly to dismissal. Suspensions may be used in two ways: an Independent discipline action or in conjunction with an investigation and dismissal proceedings.
Independent Discipline Action
If a supervisor determines that an employee’s actions warrant suspension, the supervisor shall prepare and provide a written report, with a summary supporting that determination, to the appropriate Vice President. The Vice President shall review the report and provide his/her written recommendation to the President.
The President shall determine whether or not to suspend an employee with or without pay; however, an employee may not be suspended without pay for more than ten (10) business days. The President may make such determination without a recommendation from a supervisor and/or Vice President.
If requested by the employee, the President shall meet with the employee and give the employee an opportunity to be heard. After hearing from the employee, the President shall make a determination regarding the suspension, whether it shall be paid or unpaid and the length of the suspension. The President or the employee’s supervisor shall inform the employee of the President’s determination. The President shall prepare a follow-up written statement providing the circumstances and facts which led the decision to suspend the employee. A copy of the letter shall be included in the employee’s personnel file.
In cases where the employee’s continued presences on campus is not in the College’s best interest or a health/safety issue, the President shall immediately suspend the employee with pay. Prior to changing any paid suspension to unpaid suspension, the President shall meet with the employee and provide the employee with an opportunity to be heard.
When an employee is suspended, he/she shall leave the College property at once and shall not return until the end of the suspension unless authorized by the President.
Failure of the employee to report back to work when requested, or at the suspension expiration date, will be considered a voluntary resignation of his/her employment and any subsequent reinstatement or re-employment shall be on the basis of new employment.
Investigation and Dismissal
The President may suspend an employee, with pay, for up to ninety (90) days while conducting his/her investigation as to whether or not the employee should be dismissed. At the end of the suspension period, the President shall dismiss the employee, reinstate the employee or implement another disciplinary action.
Step 4 – Dismissal: If a supervisor determines that an employee’s actions warrant dismissal, the supervisor shall prepare and provide a written report, with a summary supporting that determination, to the appropriate Vice President who shall, after meeting and consulting with the supervisor, provide the written report to the President. If necessary, the President shall suspend the employee pursuant to Step 3(B). The President or designee shall conduct an investigation into the supervisor’s allegations. At the conclusion of his/her investigation, the President shall either dismiss the matter or meet with the employee and present him/her with a Written Notice of Charges and provide the employee with an opportunity to respond. If, after the Written Notice of Charges meeting, the President decides to dismiss the employee, the President shall provide the employee with written notice that the employee is being dismissed and the specific reasons for the dismissal. The notice shall be included in the employee’s personnel file.
In the event that an employee’s continued presences on campus is not in the College’s best interest or a health/safety issue, the President may immediately suspend the employee with pay pursuant to Step 3(B). During the investigation period, the President shall consult with the employee’s supervisor and the appropriate Vice President.