Human Resources Classified Staff Policy and Procedures
Policy # 403.0
Effective: 09/88
Revised: 09/9110/05
Section: Employee Relations
Subject: Disciplinary Action
Reference: Predischarge/Suspension Without Pay Meeting Policy
POLICY
The University of Arizona attempts to provide Regular Classified Staff
employees who violate policies or exhibit unsatisfactory job performance
an opportunity to comply with University or departmental requirements by
means of progressive disciplinary actions.
Employees are expected to abide by the established rules and policies
of their departments, the University, and the Arizona Board of Regents.
To enable them to do this, administrative officials must develop clear
and reasonable departmental policies and performance expectations, investigate
the circumstances of apparent policy or rule violations or unsatisfactory
performance before taking disciplinary action, and ensure that prompt,
consistent disciplinary action is administered.
The intent of this policy is to use a series of progressive disciplinary actions when appropriate as a means to assist and encourage employees to correct their conduct and to achieve satisfactory work performance. Particular circumstances may, in some cases, be exceptional or singular and the related disciplinary actions shall be tempered or expanded because of the facts
of the situation. Violations of the University rules against discrimination
and sexual harassment, the Classified Staff Rules of Conduct contained
herein, or other ABOR, University and/or departmental rules or policies
may result in specific disciplinary measures, including discharge.
PROGRESSIVE DISCIPLINE
Progressive discipline is a series of disciplinary actions, corrective
in nature, taken to provide regular staff employees the opportunity to
improve job performance and comply with departmental and University policies.
Such actions range from counseling/coaching, verbal and written warnings,
disciplinary probation/disciplinary suspension without pay, to discharge,
as deemed appropriate by the responsible administrator.
The responsible administrator, with the assistance of the Associate Vice President for Human Resources shall also determine whether particular
violations of the University Classified Staff Rules of Conduct and other
ABOR, University, and/or departmental rules or policies are serious enough
to warrant immediate specific disciplinary measures outside of progressive
discipline, including discharge. Where "serious violations" are referenced
in this manual, "serious violations" shall be those acts of serious misconduct,
or conduct which could result in injury or loss of life, limb, or property,
or impairment of University operations, or disregard of the University's
policies on sexual harassment or the University's Equal Opportunity and
Affirmative Action rules and guidelines.
PROCEDURES
Counseling/coaching is the most common method employed for assisting
the employee to improve work performance or comply with rules and policies.
Counseling or coaching should be a cooperative attempt at determining and
correcting the problem. With the exception of serious failures to conform
to rules and/or policies, as determined by the responsible administrator,
disciplinary actions will occur only after counseling/coaching efforts
have been unsuccessful. Responsible administrators are encouraged to keep
notes of such counseling/coaching efforts.
Warnings may be either verbal or written. A written warning is
used for more serious errors, failure to meet job requirements or violations
of rules and/or policies, as determined by the responsible administrator,
or when a verbal warning has not produced satisfactory results. Either
type of warning shall specify problem(s) and what action is required to
correct it. The responsible administrator who issues a verbal warning shall
maintain notes of the date and contents of the discussion and shall advise
the employee that a record is being maintained.
A written warning shall explicitly state that it is a "written warning"
and shall specify that further disciplinary action will ensue if the employee
fails to achieve a satisfactory level of performance. A written warning
shall also include notice to the employee that it is subject to the dispute
resolution procedure. A copy shall be sent to Human Resources.
Disciplinary actions are of two types, disciplinary probation
and disciplinary suspension, and shall be used when a prior warning does
not produce satisfactory results in correcting behavior which is not in
compliance with University/departmental rules of conduct or uncorrected
performance deficiencies, or when the responsible administrator determines
that a violation of a rule and/or policy is serious enough to warrant such
action without prior use of less severe discipline.
Disciplinary probation shall be for a specified period of time,
not less than 1 month nor more than 6 months, during which time the employee's
performance or behavior shall be closely monitored in an effort to effect
improvement or change. Disciplinary probation is usually applicable to
unsatisfactory job performance or dependability problems, such as unsatisfactory
attendance, and carries an implied obligation to retain the employee for
the duration of the period of disciplinary probation. If, however, new
problems arise during a disciplinary probation period or performance significantly
declines during this period, immediate discharge may occur.
Disciplinary probation shall be initiated by memorandum to the employee
which explicitly contains the following:
- Inclusive dates of probation period.
- Specific nature of problem(s) resulting in probation, including specific
examples of incidents for each problem.
- Corrective action required, including specific and reasonable standards
related to the deficiencies outlined in #2, above.
- The consequences of failure to correct the problem(s) within the disciplinary
probation period.
- Notice that immediate discharge may occur if new performance deficiencies
arise within the disciplinary probation period.
- Employee's right to appeal the probation by means of the Staff Dispute
Resolution Procedure.
A copy of this memorandum shall be provided to Human Resources.
Disciplinary suspension is the temporary release from duty of
a regular staff employee for up to 30 calendar days without pay
and is applicable when the responsible administrator determines that a
violation(s) or repetition of violation(s) of ABOR, University and/or departmental
rules and policies are serious enough to warrant suspension. This action
shall be preceded by a pre-suspension without pay meeting in accordance
with Policy 404.0 herein. Should a Regular Classified Staff employee's
conduct warrant more than two suspensions within a two year period, discharge
shall be considered.
Written notice of disciplinary suspension shall be given the employee
with a copy to Human Resources and shall include the following:
- Reason for the disciplinary suspension.
- Reference to and conclusions drawn from the pre-suspension meeting.
- Inclusive dates of suspension duration.
- Employee's right to appeal the action through the Staff Dispute Resolution
Procedure.
- Advice to employee that failure to return to work on the first scheduled
workday following the suspension will result in discharge.
A disciplinary suspension given to an EXEMPT employee must be for full work week(s) and must start at the beginning of a work week. A disciplinary suspension given to an EXEMPT employee must be for full work days.
Investigative suspension is the temporary release from duty for
up to five (5) working days of a Regular Classified Staff employee with
pay to permit investigation of apparently serious infractions of ABOR,
University, and/or departmental rules or policies. When circumstances warrant,
as determined by the Associate Vice President of Human Resources or designee,
extensions may be granted in increments of up to five (5) working days.
Requests for such extensions, including a justification for the request,
should be directed in writing to the Associate Vice President of Human
Resources. Upon completion of the investigation the employee may be returned
to work without penalty, placed on disciplinary suspension, discharged
or subject to more moderate disciplinary action as deemed appropriate to
the circumstances by the responsible administrator. The facts surrounding
investigative suspension shall be documented with a copy to the employee
and Human Resources.
Discharge is the involuntary termination (other than a Layoff/Reduction
in Force) of an employee by a responsible administrator. The discharge
of a nonprobationary Regular Classified Staff employee shall not occur
unless there is a serious violation(s) or repeated violation(s) of ABOR,
University, and/or departmental rules or policies, or uncorrected failure
to meet job requirements. A predischarge meeting shall be scheduled and
shall precede the decision to discharge a nonprobationary Regular Classified
Staff employee. Prior to initiating the discharge of a nonprobationary
Regular Classified Staff employee, the responsible administrator shall
notify Human Resources in accordance with Policy
404.0 (Predischarge/Presuspension Without Pay meeting/Meeting Policy)
herein.
If circumstances do not permit contacting Human Resources, or time does
not permit proper assessment of the incident or the employee's past record,
the employee may be placed on investigative suspension.
Following the above, the affected employee shall be notified in writing
of:
- The reason for discharge.
- The facts of and conclusions drawn from the predischarge meeting conference.
- The effective date of discharge.
- The employee's right to appeal the action by initiating a dispute resolution
request.
The appropriate payroll documents shall be processed in a sufficiently
timely manner to ensure that any discharged employee receives all wages
due within three working days following the discharge date or on the next
regular pay day, whichever is sooner.
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