Disciplinary Action

PER-5.01 February 3, 1993 Disciplinary Action

I. FORM OF DISCIPLINARY ACTION

Disciplinary action may take the form of oral warning, written reprimand, suspension without pay, demotion, or termination. The specific action taken will depend on the nature of the offense, the circumstances surrounding the offense, and the employee's previous record. Suspending an employee with pay or assigning an employee to use his or her paid annual leave is not disciplinary action; the university reserves the right to take such action as it deems appropriate. Copies of written reprimands must be forwarded to the Human Resources Department.

Any personnel action to suspend or terminate a regular status staff member must be reviewed by the Affirmative Action/Employee Relations Office, Human Resources Department before any action is taken. In cases of termination, a pre-termination hearing will be conducted in the Human Resources Department with a representative of the Employee Relations Office present. 

II. OFFENSES 

Employees may be disciplined for the following offenses:  

1. violation of university bylaws, policies, or procedures, including unit, departmental, or office handbooks and rules; 
   
2. violation of local, state, or federal law; 
   
3. dishonesty of any kind, including theft of university property or the property of other employees, students, or anyone on university premises; 
   
4. the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace; 
   
5. drug- or alcohol-induced intoxication in the workplace or during working hours; 
   
6. immoral conduct;
   
7. insubordination; 
   
8. neglect of or refusal to perform one's duties; 
   
9. discourteous treatment of other employees, students, or the public; 
   
10. excessive absences or lateness; 
    
11. conduct which disrupts university activities; 
    
12. misuse or unauthorized use of university property; 
    
13. intentional disruption of university computer systems, unauthorized alteration, disclosure, or destruction of university computer systems or material, improper access to university computer files and systems, or violation of copyright or proprietary material restrictions connected with university computer systems, programs, or material; 
    
14. unauthorized release of confidential information; 
    
15. sexual harassment; 
    
16. racial, ethnic, cultural, or religious intolerance; 
    
17. failure to safeguard university property or funds, including failure to make timely disposition or report of loss; 
    
18. knowingly furnishing false, misleading, or incomplete information or reports to the university; 
    
19. careless, negligent, or intentional acts or failures to act in the workplace or in the scope of employment that contribute to the harm of or the unacceptable risk of harm to individuals or property; or 
    
20. Any other act or omission that in the university's judgment threatens the well-being of the university or any of its employees, its students, or the public. 

III. TIMING OF DISCIPLINARY ACTION

Disciplinary action shall be taken within 15 workdays following the date on which the last alleged infraction that led to the disciplinary action was discovered by the university, unless the university determines that an investigation is required for protection of the individual or the university. If the university determines that such an investigation is necessary, disciplinary action shall be taken within 15 workdays following the completion of the investigation. 

IV. REMOVAL FROM RECORD 

A written reprimand will be removed from the employee's personnel record 12 months after the effective date of the reprimand, provided that no additional written reprimand or disciplinary action was issued for the employee during that 12-month period.

In implementing further action for the same offense, suspensions previously issued will be considered for up to three years.  

V. NO REHIRE

Terminated employees in violation of this policy may not be eligible for rehire.   Examples of policy violations for misconduct that would subject a terminated employee not to be rehired include but are not limited to the following:

·         Falsification

·         Misappropriation of funds

·         Theft

·         Sale of a controlled substance on university premises

·         Violent Conduct

·         An employee who has been involuntarily dismissed from the university multiple times

Employee Relations maintains the data for No Rehire.