ADMINISTRATIVE RULE NO: 6040-01
RELATED TO POLICY SERIES NO: 6040
TITLE: DISCIPLINE AND DISCHARGE
To define the processes the college uses to provide formal feedback and follow-up in the event of alleged employee performance or conduct concerns.
BARGAINING UNIT EMPLOYEES
Discipline, discharge and appeal processes for employees subject to collective bargaining agreements shall be governed by their respective agreements; failing such provisions, Board policies and administrative rules shall apply.
PROCESS FOR MANAGEMENT / EXEMPT, CONFIDENTIAL EMPLOYEES
Management, exempt or confidential employees may be disciplined and a currently-in- force employment contract may be terminated when the college determines that an employee has:
- Failed to abide by the board policies, administrative rules or other lawful regulations or expectations of the college;
- Disobeyed or failed to abide by a lawful order or instruction given by duly authorized college authorities;
- Engaged in serious or repeated misconduct that causes the college to lose confidence in the employee’s fitness to continue as an employee. Such conduct may include, without being limited to, the following: violence or threats of violence; dishonesty or theft; failure to observe safety or quality guidelines; harassing or intimidating behaviors; or neglect of duty;
- Been convicted of a criminal act (or any acts, which if substantiated, would constitute such), the nature or cause of which act would substantially interfere with the performance of his or her duties at the college or continued employment would cause the college substantial loss of confidence by/from the citizens of the district;
- Failed to carry out his/her official duties at an appropriate level of quantity and/or quality; or
- Disrupted or substantially interfered with an ongoing administrative process of the college.
Discipline may be imposed for any act specified above. Discipline may or may not be progressive in nature, and may start with any of the following: warning, reprimand, suspension with or without pay for a fixed term, reassignment, reimbursement to the college for loss of or injury to college property, and/or discharge or any other sanction, or combination of sanctions that are appropriate to the specific offense(s).
Prior to implementation of discipline or discharge action, a management, exempt, or confidential employee has the right to a discussion of the occurrence with their direct supervisor. Management employees have the right to a discussion of the occurrence(s) with the Director of Human Resources. Discharge decisions may only be made in direct consultation with the President.
DISCIPLINARY FOLLOW UP- MANAGEMENT/EXEMPT OR CONFIDENTIAL EMPLOYEES
Following this discussion, if a management/exempt or confidential employee believes that they have been subjected to a disciplinary action up to the level of discharge which is not consistent with applicable Board Policy or Administrative Rule, that employee may submit a statement for consideration. Management, exempt, or confidential disciplinary follow-up statements shall be in writing and sent to the applicable vice-president with a copy sent to the Director of Human Resources and the President. Requests shall state the specific Board policy or administrative rule which has allegedly been violated, and the manner in which the College has allegedly failed to apply the board Policy or administrative Rule. Requests must be postmarked no later than fifteen (15) calendar days from the date the employee has received notice of the decision that is the subject of the statement. The statement will be reviewed by the college vice-presidents, whose final decision will be issued not later than thirty (30) calendar days after the statement has been received. The decision of the vice-presidents shall be communicated to all parties not later than ten (10) calendar days following the hearing.
PROCESS FOR PART-TIME EMPLOYEES
Part-time employees may be disciplined and a currently enforced payroll authorization may be terminated when the college determines that there are concerns related to, but not limited to, employee misconduct, work quality, or work quantity (such as the examples provided in parts A-F above). Such disciplinary actions shall be reduced to writing, provided to the employee, and shall at a minimum include a description of the incident, and expectations for future compliance.
Following an initial supervisory discussion, if a part-time employee believes that they have been subjected to a disciplinary action or involuntary discharge, which is not consistent with applicable Board Policy or Administrative Rule, the employee may submit a formal written statement for consideration. Such statements must be in writing, shall state the specific Board Policy or Administrative Rule which was allegedly violated, and the manner in which the College has allegedly failed to apply the board Policy or administrative Rule. These requests for consideration must be postmarked and submitted to Human Resources within fifteen (15) calendar days from receipt of their decision. The final decision of the Human Resources Director shall be communicated to all parties not later than ten (10) college work days from the submission of the written appeal document.
DATE OF ADOPTION: 05/04/17
DATE(S) OF REVISION(S):
DATE OF LAST REVIEW: