A multi-step disciplinary procedure shall normally be utilized for the purpose of correcting unsatisfactory work performance (which refers generally to failure or refusal to carry out job responsibilities or failure to abide by University work rules).
As a general rule, disciplinary action taken for unsatisfactory work performance should be preceded by one or more documented warnings. Such a warning should ordinarily be presented to the employee in writing and should describe the behavior deemed improper and corrective action that should be taken.
Should an employee fail to attain an acceptable level of performance despite such warning, disciplinary action, including termination of employment, may be taken.
In determining the number of warnings which should be issued prior to the taking of disciplinary action, and in determining the nature of such disciplinary action, careful consideration should be given to such factors as the severity of the employee's offense or omission, the length of the employee's prior service to the University, the quality of that service, the time elapsed since any previous documented incident of improper job behavior and the number and nature of any previous incidents of improper job behavior.
Should a non-exempt employee disagree with the disciplinary action taken against him/her for unsatisfactory work performance, he/she should refer to Policy and Procedure 640, Grievances, for steps to be taken.
GROSS MISCONDUCT
"Gross misconduct" includes theft or dishonesty, gross insubordination, destruction of University property, falsification of records, acts of moral turpitude, possession, use, or being under the influence of alcohol or illegal drugs on University property, any violation of state or federal law which affects ability to perform assigned work, disorderly conduct, provoking a fight, and other similar acts involving intolerable behavior by the employee.
In the case of gross misconduct written notice must be presented to the employee advising him/her of the specific nature of the gross misconduct with which he/she is being charged, the nature and effective date of the disciplinary action to be taken, and the employee's right to receive a hearing for the purpose of contesting the charge(s) against him/her. In the case of discharge, the discharging supervisor must immediately forward to the
Human Resources Office a copy of the letter of discharge and all documentation and request that the
Human Resources Office process the terminating paperwork for the offending employee.
Should a disciplined non-exempt employee desire a hearing, such hearing process will be conducted in accordance with
Human Resources Policy 640, Grievances.
UTSI INFORMAL HEARING PROCEDURE
This hearing procedure applies to exempt employees and is applicable only in cases of gross misconduct. Provided the employee waives his/her right to a hearing in accordance with The Uniform Administrative Procedures Act, he/she may receive a hearing in accordance with the following informal UTSI procedure:
- A panel composed of four UTSI employees from the exempt staff will be appointed to hear the appeal. No one in the employee's direct chain of command will be included on the hearing panel.
- The Director for Human Resources will schedule a hearing within a reasonable time after receipt of the employee's request and will notify the employee, in writing, of the date and place of the hearing. Should any postponement of the hearing be granted by the
Director of Human Resources at the request of the employee or employee's legal counsel, the employee will not be compensated for any pay or benefits lost as the result of such delay.
- Both the disciplinary supervisor and the employee will have the right to testify, present witnesses in their behalf, and question opposing witnesses.
- The accused employee has the right to be represented by legal counsel. However, if such representation is desired the employee must so advise the
Director for Human Resources in writing at the time he elects to receive a hearing. In such a case, a University attorney will be present to represent the supervisor. Legal counsel for the University will not ordinarily be present if the employee is not represented by legal counsel.
- The hearing will be conducted in an informal manner but fully consistent with the principles of fairness, justice and due process.
- The person chairing the hearing panel shall notify the Associate Vice President or his/her designee, in writing, within a reasonable time following the conclusion of the hearing of the panel's findings and recommendation as to the guilt or innocence of the accused employee of the charge(s) against him/her.
- The Associate Vice President or his/her designee will advise the employee of his decision within a reasonable time following his/her receipt of the hearing panel's findings and recommendations.
PROCESSING OF THE "VOLUNTARY QUIT"
Any employee who fails to report for work for three (3) consecutive working days and who does not contact his/her supervisor with explanation of absence, or who does not return to work on the scheduled date from an approved leave of absence (without appropriate approval of extension of leave of absence), shall be considered to have voluntarily quit. The supervisor shall issue a notice of termination promptly to the employee. Any employee terminated under the provisions of the "voluntary quit" procedure shall have no right to a hearing. See also
Human Resources Policy 160.
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