Which of the following may result in disciplinary action and/or termination cvs
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Progressive Steps for Performance ImprovementThe following conditions must be in place before any disciplinary action can occur:
Just Cause for Disciplinary ActionThe bases for the discipline or termination of an employee are the following:
Certain actions by an employee may fall under one or more categories. When just cause exists, any employee of the College, regardless of position, may be subject to disciplinary action by the President. These disciplinary actions may include the following:
Depending upon the nature of the misconduct or the severity of the unsatisfactory job performance, an employee may be subject to a final written warning or immediate termination from the College without going through progressive disciplinary steps. An employee’s direct supervisor has the responsibility for evaluating an employee’s job performance throughout the year and if the need arises, holding periodic coaching and development sessions to discuss ways to improve current job performance. Annually, during the evaluation process, the supervisor and employee will have face-to-face meetings emphasizing strengths and areas needing improvement. The supervisor should document any performance and/or disciplinary issues on the employee’s Performance Review and Evaluation Form (available via the Employees shared folder or by request from Human Resources) and transition him/her into performance management, if necessary. Performance Management OptionsThe following performance management options will be applied according to whether the circumstances involve unsatisfactory job performance (or gross inefficiency) or unacceptable personal conduct. Please refer to the definitions section at the end of this document for more information.
DocumentationIt is the responsibility of the supervisor to document actions taken to address an employee’s alleged performance deficiency, behavior, and/or violation, including any fact-finding activities, discussion with the employee and other relevant parties, analyses and determination of findings, and follow-up actions. Supervisors should use the Disciplinary Action Notice form to track performance management steps. Disciplinary ActionsThe following disciplinary actions will be applied according to whether the circumstances involve unsatisfactory job performance (or gross inefficiency) or unacceptable personal conduct. Please refer to the definitions section at the end of this document for more information. Disciplinary Suspension with Pay – An employee who has allegedly violated a College policy or procedure, standard of professional conduct, or safety guideline may be suspended or placed on administrative leave with pay by the President pending completion of an investigation. As part of the investigation, the employee’s supervisor, department or division head, and the director of Human Resources must consider the following:
Disciplinary Suspension without Pay – If the President determines that an employee has committed a violation of College policies or procedures, a standard of professional conduct or safety practice, or engaged in other unacceptable behavior that, under normal circumstances, could warrant termination of employment, They may suspend the employee without pay for a period of time of their determination based on the employee’s violation and/or behavior. Disciplinary Demotion – A disciplinary demotion is a non-performance-based disciplinary action. If the President determines that an employee has committed an egregious act in violation of a College policy or procedure, a standard of professional conduct or safety practice, or engaged in other unacceptable behavior that, under normal circumstances, could warrant termination of employment, the President may demote the employee and adjust their compensation accordingly. Involuntary TransferAn involuntary transfer is a performance-based disciplinary action. If the President determines that an employee does not have the skill set or is otherwise failing to meet their job expectations, the President may reassign the employee to another position or department and may adjust their compensation accordingly. In order for an employee to be involuntarily transferred due to grossly inefficient job performance, they must have the following:
In the event of an Involuntary transfer, a reduction in pay will occur if significant job duties have been removed. TerminationTermination of employment may occur for any of the following reasons:
Please Note: An employee may also be terminated due to financial exigency or elimination of a program, service, or position. Please consult the Reduction in Force (RIF) policy for more information. In order for an employee to be terminated from employment due to unsatisfactory job performance, they must have the following:
The recommendation to the President to terminate an employee must be reviewed and supported by the supervisor’s department or division head and the director of Human Resources. The supervisor is responsible for documenting the employee’s actions and the supervisor’s efforts to support the employee in improving deficiencies, performance, and actions. Documentation in support of the employee’s termination must be reviewed and endorsed by the department or division head and the director of Human Resources. If the recommendation for the employee’s termination is supported by the supervisor’s documentation and determined to be warranted, the department or division head will forward it to the President for review and consideration. The President’s decision must be based on a thorough review of the actions and documentation of the progressive steps for performance improvement and must be consistent with all applicable College policies and procedures. If the President supports the recommendation to terminate the employee, they will prepare and forward a notification letter to the director of Human Resources. The director of Human Resources and the employee’s supervisor will meet with the employee to deliver the letter and discuss the termination of employment, which will be effective as of the date of the meeting or as otherwise indicated in the letter of termination. The employee will also receive a copy of the letter via certified mail, and a copy will be placed in their Human Resources file. Grievance ProcedureIf an employee feels that the written conditions of employment or published regulations, policies, or procedures were inequitably applied in the impending disciplinary action and/or termination, the employee may seek resolution via the Employee Conflict Resolution and Grievance policy. The employee’s intent to grieve must be stated in writing to Human Resources within five (5) working days of receipt of the written notice of disciplinary action or dismissal. Human Resources will examine the request and then determine whether the established grievance procedure is appropriate. DefinitionsBiweekly – For the purposes of this policy, biweekly is defined as every two (2) weeks. Covered Employees – All Durham Tech faculty and staff Current Unresolved Incident – An act of unacceptable personal conduct, unsatisfactory job performance, or grossly inefficient job performance for which no disciplinary action has previously been taken by the College Disciplinary Suspension with Pay – The temporary removal of an employee for disciplinary reasons or to investigate an allegation during which time they will receive pay Disciplinary Suspension without Pay – The temporary removal of an employee from work for disciplinary reasons during which time they will not receive pay Disciplinary Demotion – An involuntary disciplinary personnel action that reduces an employee’s salary within their current pay grade or places the employee in a position at a lower pay grade with or without lowering the employee’s salary Gross Inefficiency (Grossly Inefficient Job Performance) – Failure to satisfactorily perform job requirements as set forth in the job description, work action plan, or as directed by a supervisor, department/division head, or the President. May also include incidents when an act or failure to act causes or results in:
Involuntary Transfer – An involuntary transfer to another department, which could possibly result in a demotion or a lateral transfer Inactive Disciplinary Action – A disciplinary action becomes inactive when it cannot be counted towards the number of prior disciplinary actions that must be received before further disciplinary action can be taken for unsatisfactory job performance when:
Insubordination – The willful failure or refusal to carry out a reasonable order from an authorized supervisor. Insubordination is unacceptable personal conduct for which any level of discipline, including dismissal, may be imposed without warning. Termination – The involuntary dismissal of an employee for disciplinary reasons, unsatisfactory job performance, or for failure to obtain or maintain necessary job-related credentials Unacceptable Personal Conduct – An act that is:
Unsatisfactory Job Performance – Work-related performance that fails to satisfactorily meet job requirements as set forth in the relevant job description, work action plan, or as directed by an employee’s supervisor. When an employee fails to satisfactorily meet their job requirements, there may be just cause for disciplinary action based on the assumption that clear expectations related to job performance have been communicated to the employee. A supervisor’s determination of unsatisfactory job performance must be reasonable, proper, documented, factually supported, and endorsed by the employee’s department/division heads. In determining whether an employee’s performance is unsatisfactory, the supervisor should consider any appropriate factors, including, but not limited to, those referenced in the College’s Performance Review and Evaluation Form and the following:
Work Action Plan – A formalized plan used to address unsatisfactory job performance and/or any additional training needs to help employees succeed in their positions Working Days – Days the College is open and operating under a normal schedule. This excludes weekends, closings due to adverse conditions, and holidays. |