Administrative Regulation: Discipline Definitions and Procedures
Regulation Number: 3.24.2
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The four Discipline Steps are progressive in nature in their severity and approach to corrective-action. To ensure equitability, uniform processing, consistent application of policy/rules, and adherence to law/statutes supervisors are encouraged to consult Human Resources (HR) prior to implementing any discipline. Supervisors are responsible to maintain a signed copy of all disciplinary documents and forward originals to HR for placement in the employee’s Personnel Folder.
Verbal Warning. The first Discipline Step and an official action. At the College’s discretion, it may or may not be the first step in the corrective-action process. It is a private, face-to-face verbal conversation between the supervisor and employee. The supervisor’s supervisor or an HR staff member may also participate. The conversation informs the employee of a conduct and/or performance deficiency in the least intense manner. Its purpose is to correct the deficiency in an earnest and least formal method.
Items discussed are the specific deficiency, the required correction, associated goals and expectations, previous coaching or discipline attempts to correct the deficiency (if any), and the supervisor’s commitment to help the employee reach the corrective action. The employee is accorded the chance to respond and explain their performance and/or conduct deficiency and before concluding express an understanding of what is expected of them. The supervisor must document the conversation and retain a copy of the written record in their work center files; submit the signed/dated original to HR for inclusion in the employee’s Personnel Folder. See Appendix D for a Verbal Warning example.
Written Warning. An official and written record between a supervisor and employee delivered in private. At the College’s discretion, it may or may not be the initial step in the corrective-action process. An employee in the supervisor’s chain-of-command or an HR staff member must participate. The main purpose of this formal record is to correct the employee’s performance and/or conduct deficiency. The documentation’s secondary purpose is to record the situation accurately, contribute to the employee’s performance record, and warn the employee that future deficiencies/violations will result in additional disciplinary action.
Supervisors must deliver a Written Warning within 15 working days of the date they observed the deficient performance or conduct. Upon delivery, the employee is required to sign the Written Warning and within three working days may provide a written response. The third-party present at the Warning delivery will initial and date the memo if the employee refuses to sign/date. Originals are sent to HR for inclusion in the employee’s Personnel Folder while the supervisor and employee retain copies. If an HR staff attends the Warning delivery, supervisors must notify their direct supervisor of the situation. See Appendix E for a Written Warning template.
Suspension. Suspension is a significant disciplinary action due to misconduct or alleged misconduct that is very serious, or repeated instances of performance or behavior deficiencies. In the latter case, there is a pattern of performance and/or behavior where the employee has continually engaged in one policy, rule, or procedure violation after another and has received documented verbal and/or written warning but with no positive effect. When enacted, an employee is relieved of their job duties for a length of time. The length of suspension varies and depends on the facts of each case (e.g., performance/behavior type, severity, and previous disciplinary action). An employee may receive notice a suspension is warranted but due to College operational concerns the employee remains at work.
Supervisors will deliver Suspension notices personally or by certified mail if the employee is unavailable. If personally, supervisors will be accompanied by their supervisory or a HR staff. The Suspension notice will contain the start and end dates, the specific reason(s) for the suspension, and whether it is with or without pay. The employee will sign and date the Employee Indorsement portion and return it to acknowledge their receipt and understanding of the action. The signed and indorsed notice will be filed in the employee’s Personnel Folder. The third-party present at a personal delivery will initial and date the memo if the employee refuses to sign/date. Supervisors must obtain approval from their appropriate Vice President and consult with HR before implementing a suspension. There are two types of Suspension: A) Disciplinary Suspension; and B) Investigative Suspension.
Disciplinary Suspension. A final written warning of performance and/or conduct deficiencies that must be corrected immediately! It is punitive in nature and is implemented without pay. Leave balances may not be used. There is no minimum suspension duration but it will not exceed 10 working days; common durations are 3-5 duty days. Multiple days suspensions must be taken consecutively.
Investigative Suspension. Official written notice for a period of time an employee is relieved of their assigned duties because of alleged performance and/or conduct deficiency of such a serious and egregious nature that it must first be verified through an investigative process. It is commonly known as Administrative Leave and is enacted with pay. It is not punitive in nature and its duration varies. The HR Director will conduct a full investigation to determine the facts of an action/situation that led to the suspension. Following 10 investigative duty days the HR Director will recommend to the College President: 1) extend the current suspension pending further investigation; 2) recommend Discharge; 3) reinstate the employee and implement an appropriate corrective-action step; or 4) immediately reinstate employee without disciplinary action. The investigative process concludes with a published report of investigation. The HR Director files a summarized, written account of the action in the employee’s Personnel Folder.
Discharge/Termination. Used when an employee failed to respond appropriately to one or more previous corrective-action efforts to correct performance and/or conduct deficiencies, or for single instances of extremely serious and egregious behavior. Discharge requires supervisor recommendation and concurrence by the chain-of-command; the College President is the approval authority.
Supervisors will meet with the HR Director (for Professional or Classified staff) or Vice President of Student and Academic Services (for Administrators and Faculty) to discuss the recommendation. Supervisors must provide relevant data to support the action. Pertinent data and any documentation will be reviewed together to determine if just cause exists; the HR Director will review the same to ensure accuracy and completeness. If the data and documentation support Discharge the HR Director will discuss the recommendation with the College President and appropriate Vice President.
The Discharge Notification letter must include: 1) summary of performance problem(s) to date (if any);
actions taken to support the employee’s improvement/corrections and their results (if any); 3) last date of employment; 4) employee out-processing steps; 5) compensation data and summary of benefits; and 6) other pertinent separation information. The President and Vice President (or HR Director) will deliver the letter to the employee personally or by certified mail if the employee is unavailable. If delivered personally, the employee will sign and date the Employee Indorsement portion of the letter to acknowledge their receipt and understanding of the action. The signed original will be filed in the employee’s Personnel Folder and a copy provided to the employee. The Vice President (or HR Director) present at a personal delivery will initial and date the memo if the employee refuses to sign/date. If the President decides discharge is not warranted, the HR Director will prepare a decision notification letter to the employee and include any actions that will be taken. Non-probationary employees have the right to appeal the discharge per the College’s Grievance Policy.
Original Adoption Date: 11/14/17
Revision Date(s): 6/17/21(RN)
Date reviewed, no change: