Current through Reg. 50, No. 187; September 24, 2024
(1) Written Notice - Prior to the dismissal,
suspension, or disciplinary reduction in pay of a tenured or permanent status
employee, the University shall give the employee written notice as follows:
(a) The employee shall be given written
notice of the proposed action and the reasons therefore Such notice shall be
sent by certified mail, return receipt requested, or delivered in person with
written documentation of receipt obtained.
(b) The mailed notice shall be considered
received by the employee even if refused or ignored.
(2) Contents of Notice - The notice shall be
signed by the President or President's designee who makes the final decision
regarding the proposed action. The notice shall include the following
information:
(a) The effective date of the
University's proposed final action;
(b) The specific charges or reasons for the
action;
(c) A list of documents or
written explanation on which the charges are based; and a statement that
documents shall be available to the employee upon request;
(d) A statement that the employee may, within
10 days of receipt of the notice, submit a request in writing for a conference
at which the employee may make an oral or written statement, or both, to the
University to refute or explain the charges or reasons for the action; and the
name and address of the person to whom the request for a conference shall be
directed;
(e) A statement that the
requested conference must be held prior to the proposed effective date of the
action, at a time and place determined by the University, normally during
regular business hours, and that the employee may bring a representative to
advise and assist;
(f) A statement
that the University desires to reduce the risk of error in taking the action
against the employee and to avoid damaging the employee's reputation by untrue
or erroneous charges, and therefore, the University is interested in receiving
and considering the employee's response; and
(g) A copy of this rule shall be enclosed
with the notice.
(3)
Conference - The conference must be conducted by the designated
representative(s) of the President as follows:
(a) The purpose of the conference shall be to
hear the employee's response to the charges in order to protect the employee
from erroneous or arbitrary adverse action; to afford the University an
opportunity to reevaluate its position after reviewing the information
presented by the employee, and to thereafter make a recommendation to affirm or
alter the disciplinary action as may be warranted.
(b) The conference shall be informal and
shall not be in the nature of an evidentiary hearing. The employee may bring a
representative to advise and assist, but discovery, cross-examination and
similar legal procedures are not permissible.
(c) The employee shall be permitted to submit
relevant information, orally or in writing, or both, with the privilege being
reserved to the University to give such information the weight it deems proper.
If the employee chooses to make no response, the University will proceed on the
basis of the best information it can obtain without such response.
(d) After the conference is conducted, the
employee shall be notified, by the President or President's designee of the
University's decision.
(4) Decision - If the University determines
after the conference that it will proceed with the proposed disciplinary
action, the employee shall be notified as described in this rule within five
workdays prior to the date the action is effective. USPS employees shall be
informed of their right to appeal to an arbitrator under the provisions of
Board of Regents subsection
6C-5.950(4),
F.A.C. If the employee occupies a position included in a certified bargaining
unit, the employee shall be further notified that the grievance procedures as
provided in the applicable collective bargaining agreement may be used.
Further, the University shall follow the provisions of Part VI of Chapter 112,
F.S., Law Enforcement Officers' Bill of Rights, when Sworn Law Enforcement
Personnel are involved.
(a) During the period
between the first notice and the effective date of the action, one of the
following options may be used by the University: retain the employee in the
employee's usual duties; temporarily assign the employee to other duties; or
place the employee on administrative leave with pay.
(5) Extraordinary Situations.
(a) In extraordinary situations, when the
retention of a tenured or permanent status employee is likely to result in
damage to property, or is likely to result in injury to the employee, a fellow
employee, or some other person, the employee may be suspended or dismissed
immediately upon written or oral notice to the employee of the charges giving
rise to the suspension or dismissal.
(b) If an oral notice of suspension or
dismissal is given to an employee, the University shall within 24 hours issue a
written notice confirming the proposed action and the reason(s)
therefore.
(c) In lieu of the
action to suspend or dismiss the employee, the University may place the
employee on administrative leave as described in subsection
6C-5.920(14),
F.A.C.
(d) USPS employees shall be
informed of their right to appeal to an arbitrator under the provisions of
subsection 6C-5.955(4),
F.A.C.
(e) If the employee occupies
a position included in a certified bargaining unit, the employee shall be
further notified that the grievance procedures as provided in the applicable
collective bargaining agreement may be used.
(f) Further, the University will follow
provisions of Part VI of Chapter 112, F.S., Law Enforcement Officer's Bill of
Rights, when sworn law enforcement personnel are
involved.
Rulemaking Authority
120.53(1)(a),
240.227(1) FS.
Law Implemented 240.227(5),
(19),
240.202
FS.
New 6-27-96.
