Employee Discipline and Dismissal Policy

Purpose:

 

Policies and procedures for discipline and dismissal of employees

 

Date Approved:

 

February 11, 1993 (Editorially amended September 2000)

 

Background:

 

At the April 6, 1989, meeting, the U. T. Board of Regents adopted the uniform "Policies and Procedures for Discipline and Dismissal and Grievances of Employees" to comply with court decisions and to bring uniformity to the procedures at the U. T. System component institutions.  To clarify the intent of the policies and procedures, the Board amended the Policies and Procedures at the October 13, 1989, meeting to separate them into two policies.

 

At their meeting on June 6, 1991, the Board amended Section II, Part 4 of the Policies and Procedures in order to clarify the categories of employees who are entitled to pursue the appeal process upon dismissal, suspension without pay, or demotion.  The Policies and Procedures were further amended at the February 11, 1993, meeting to clarify the time limits for appeal of complaints not resolved by the supervisor.

 

 

POLICIES AND PROCEDURES FOR
DISCIPLINE AND DISMISSAL OF EMPLOYEES

 

 

I.       PURPOSE

 

         It is the policy of The University of Texas [Name of Institution] to encourage fair, efficient and equitable solutions for problems arising out of the employment relationship and to meet the requirements of state and federal law.

 

II.       SCOPE OF POLICY

 

         These policies and procedures are applicable to conduct or job performance of an employee that results in a decision to impose a disciplinary penalty of demotion, suspension without pay or dismissal.  It does not apply to:

 

         1.      Institutional police, faculty or teaching staff who are subject to other approved discipline or dismissal procedures;

 

         2.      Suspension with pay pending investigation of allegations relating to an employee;

 

         3.      Decisions not to offer reappointment to persons whose appointment for a stated period of one year or less expires at the end of such period without the necessity of notice of nonrenewal as provided in the Rules and Regulations of the Board of Regents or the rules and regulations of the institution; or

 

         4.      Dismissal of employees

 

                  (a)     who are appointed to positions without fixed term and under applicable rule or regulation serve at the pleasure of a specific administrative officer,

 

                  (b)     who occupy positions that are dependent upon funding from a specific source and such funding is not received,

 

                  (c)     as a result of a reorganization,

 

                  (d)     because of financial exigency,

 

                  (e)     during the 180-day probationary period,

 

                  (f)      who are appointed for a stated period that is less than 180 days, or

 

                  (g)     who are appointed at a per diem or hourly rate and work on an as needed basis.

 

III.      DISCIPLINE AND DISMISSAL POLICY AND PROCEDURES

 

         A.      Requisite Standards of Conduct

 

                  Each employee is expected to acquaint themselves with performance criteria for their particular job and with all rules, procedures and standards of conduct established by the Board of Regents of The University of Texas System, the institution and the employee's department or unit.  An employee who does not fulfill the responsibilities set out by such performance criteria, rules, procedures and standards of conduct may be subject to adverse personnel action.

 

         B.      Conduct Which is Subject to Disciplinary Action

 

                  1.      Work Performance

 

                           (a)     Failure of an employee to maintain satisfactory work performance standards can constitute good cause for disciplinary action including dismissal.  The term "work performance" includes all aspects of an employee's work.

 

                           (b)     Work performance is to be judged by the supervisor's evaluation of the quality and quantity of work performed by each employee.  When, in the opinion of the supervisor, the work performance of an employee is below standard, the supervisor should take appropriate disciplinary action.

 

                  2.      Misconduct

 

                           (a)     All employees are expected to maintain standards of conduct suitable and acceptable to the work environment.  Disciplinary action, including dismissal, may be imposed for unacceptable conduct.

 

                           (b)     Examples of unacceptable conduct include, but are not limited to:

 

                                    (1)     falsification of time sheets, personnel records or other institutional records;

 

                                    (2)     neglect of duties or wasting time during working hours;

 

                                    (3)     smoking anywhere except in designated smoking areas;

 

                                    (4)     gambling, participating in lotteries or any other games of chance on the premises at any time;

 

                                    (5)     soliciting, collecting money or circulating petitions on the premises other than within the rules and regulations of the institution;

 

                                    (6)     bringing intoxicants or drugs onto the premises of the institution, using intoxicants or drugs, having intoxicants or drugs in one's possession, or being under the  influence of intoxicants or drugs on the premises at any time;

 

                                    (7)     abuse or waste of tools, equipment, fixtures, property, supplies or goods of the institution;

 

                                    (8)     creating or contributing to unhealthy or unsanitary conditions;

 

                                    (9)     violations of safety rules or accepted safety practices;

 

                                    (10)    failure to cooperate with supervisor or co-worker, impairment of function of work unit or disruptive conduct;

 

                                    (11)    disorderly conduct, harassment of other employees (including sexual harassment) or use of abusive language on the premises;

 

                                    (12)    fighting, encouraging a fight or threatening, attempting or causing injury to another person on the premises;

 

                                    (13)    neglect of duty or failure to meet a reasonable and objective measure of efficiency and productivity;

 

                                    (14)    theft, dishonesty or unauthorized use of institutional property including records and confidential information;

 

                                    (15)    creating a condition hazardous to another person on the premises;

 

                                    (16)    destroying or defacing institutional property or records or the property of a student or employee;

 

                                    (17)    refusal of an employee to follow instructions or to perform designated work that may be required of an employee or refusal to adhere to established rules and regulations;

 

                                    (18)    repeated tardiness or absence, absence without proper notification to the supervisor or without satisfactory reason or unavailability for work; and

 

                                    (19)    violation of policies or rules of the institution or The University of Texas System.

 

         C.      Investigations

 

                  1.      All incidents that involve the potential for disciplinary action shall be investigated by the employee's supervisor or other designated administrative official.

 

                  2.      If the investigation results in evidence that establishes with reasonable certainty that the employee engaged in conduct which warrants disciplinary action, the supervisor shall follow the predisciplinary hearing procedures before seeking approval for the proposed disciplinary action.

 

         D.      Predisciplinary Hearings

 

                  1.      Policy

 

                           An employee shall be informed of the basis for any proposed disciplinary action resulting in demotion, suspension without pay or dismissal and have an opportunity to respond before a final decision is made to take disciplinary action.  The hearing serves as an opportunity to avoid mistaken decisions to impose discipline and is not intended to definitively resolve the propriety of the disciplinary action being considered.

 

                  2.      Procedures

 

                           There is no prescribed form for this hearing. It should be informal.  However, before reaching a final decision to impose discipline, the supervisor shall:

 

                           (a)     inform the employee, either in person or in writing, of the reasons for the proposed disciplinary action, the facts upon which the supervisor relies, the names of any persons who have made statements about the disciplinary incident and the content of such statements;

 

                           (b)     give the employee access to any documentary material which the supervisor has relied upon; and

 

                           (c)     give the employee an opportunity to respond to the charges either orally or in writing within a reasonable time and to persuade the supervisor that the evidence supporting the charges is not true.

 

                           If the supervisor is not persuaded that the evidence is untrue, the supervisor will review the evidence and proposed disciplinary action with the Director of Personnel or his or her delegate and will obtain the approval of the appropriate department head or administrative equivalent before proceeding to impose the disciplinary penalty.

 

         E.      Imposing the Disciplinary Penalty

 

                  1.      Notice

 

                           Upon completing the predisciplinary hearing procedures and obtaining the approval of the appropriate department head or administrative equivalent, the supervisor shall inform the employee in writing of the following:

 

                           (a)     whether the disciplinary penalty is demotion, suspension without pay or dismissal;

 

                           (b)     the effective date of demotion, suspension or dismissal;

 

                           (c)     a specific period for a suspension without pay, not to exceed one (1) month;

 

                           (d)     the specific incident, conduct, course of conduct, unsatisfactory work performance or other basis for the disciplinary penalty;