HR78 Addressing Unacceptable Conduct and Performance for Full-Time Staff Employees

(NOTE: This policy does not apply to a new employee during the probationary period.)

POLICY'S INITIAL DATE: March 1, 1974
THIS VERSION EFFECTIVE: February 19, 2025

Contents:

• Purpose
• Addressing Performance
• Formal Notice of Concern Options
• Disciplinary Options
• Dismissal
• Eligibility for Rehire

PURPOSE:

To outline that there is a basic expectation for full-time staff employees to meet performance standards, adhere to policies and work rules, and conduct themselves appropriately within the workplace. When employees demonstrate unacceptable conduct and performance or engage in concerning behavior(s), it requires actions beyond normal performance review discussions. 

This policy does not grant substantive contractual rights to an employee or impact at-will employment status.  

ADDRESSING PERFORMANCE:

The overall goal of all actions to address performance is to ensure that the employee meets acceptable levels of performance and/or to eliminate concerning behavior. The steps taken can be progressive in nature starting with a formal notice of concerns before moving to formal disciplinary action if the performance standards are not met or the concerning behavior is not corrected. However, depending on the severity of the issue(s), formal disciplinary action, up to and including termination, can be taken immediately where facts and circumstances warrant. 

The severity of the behavior or violation is the first factor in determining the appropriate level of action taken. Other factors that may be considered are the employee's previous efforts to correct the issue; performance and discipline history; and prior verbal warnings and/or documented conversations. 

It is expected that Unit Human Resources and/or Labor and Employee Relations be consulted to determine which course of action should be taken. 

The process is interactive with the employee having the opportunity to provide input and feedback. The employee has the right to provide a signed personal statement in response to disciplinary or disciplinary documentation concerning its accuracy, relevancy, or applicability. 

FORMAL NOTICE OF CONCERN OPTIONS:

In circumstances where an employee has minor performance deficiencies or has engaged in behavior that doesn't rise to the level warranting discipline, formal notice of concern options such as verbal conversation, documentation of conversation, and/or a performance improvement plan may be appropriate. 

Documentation of Conversation: 

A documentation of conversation is a written memorialization of a conversation a manager has with an employee regarding a particular issue. This is typically done in those situations in which the manager has a concern about performance deficiencies of an employee. Such conversations and related letters are an effort to achieve meeting acceptable performance standards. 

Performance Improvement Plan: 

A performance improvement plan is a formal plan of actionable goals to help an employee address minor performance deficiencies or behavior issues that do not rise to the level of formal discipline. A performance improvement plan is used in those situations where an employee is not meeting stated performance expectations. Such plans are developed to address the areas of deficiency and give clear attainable goals within an identified timeframe. Areas of deficiency may include, but are not limited to, job-based performance, support of organization mission and goals, policy compliance, etc. Failure to successfully complete a performance improvement plan could lead to disciplinary action, such as a corrective action plan. 

DISCIPLINARY OPTIONS:

In circumstances when an employee has engaged in inappropriate conduct, on-going performance deficiencies, or policy violations, disciplinary action may occur. Disciplinary action may include, but not limited to, staff disciplinary letter, corrective action plan, unpaid suspension, demotion, and/or dismissal. 

Staff Disciplinary Letter: 

A staff disciplinary letter is a written memorialization of a disciplinary action being taken against an employee who is expected to immediately correct their performance and/or behavior. This is typically done in those situations in which an issue has occurred following previous discussion with the employee. However, depending on the severity, the disciplinary letter may be issued as the initial response regarding the matter. 

Recurrences of the issue or behavior may result in additional disciplinary action, up to and including dismissal. 

Staff Corrective Action Plan: 

A staff corrective action plan is a formal plan of actionable goals to help an employee address and correct substantial performance deficiencies that require time to correct. A staff corrective action plan is used in those situations where an employee is not meeting stated performance expectations. Such plans are developed to address the areas of deficiency and give clear attainable goals within a determined timeframe. Areas of deficiency may include, but are not limited to, job-based performance, support of organizational mission and goals, policy compliance, or failure to successfully complete a performance improvement plan. 

Failure to meet the conditions of a staff corrective action plan results in dismissal. 

DISMISSAL:

Dismissal may be the result of continued failure to meet acceptable standards of performance. Dismissal may also be the result in cases involving major acts of misconduct (for example, theft) or in situations where the facts and circumstances warrant immediate dismissal. 

Dismissal will occur only after recommendation to and approval by the dean, chancellor, or administrative office, or designee. However, the dean, chancellor, or administrative office, or designee, must review the dismissal with the University's Manager of Labor and Employee Relations, or designee, before approving the dismissal. 

A termination letter will be provided to the employee by the supervisor, with copies to the dean, chancellor, or administrative office, Unit Human Resources Office, and the Manager of Labor and Employee Relations. The termination letter constitutes the employee's confirmation of termination. 

ELIGIBILITY FOR REHIRE:

In cases involving dismissal, a determination that the employee is ineligible for rehire must be approved by the University's Manager of Labor and Employee Relations, or designee.