Current through all regulations passed and filed through September 16, 2024
(A)
Applicability
These procedures apply to all members
of the unclassified administrative staff, except those identified in paragraph
(F) of this rule. These procedures are applicable in instances
when:
(1)
The university seeks to discipline or terminate for
cause an unclassified administrative staff member's annual appointment;
or
(2)
The university seeks to discipline, terminate, or
non-renew for cause an unclassified administrative staff member who holds
extended appointment status.
(B)
Cause for
discipline
Although not all causes for discipline
(including termination) can be enumerated, cause includes, but is not limited
to the following:
(1)
Failure to perform duties and associated
responsibilities in a satisfactory manner.
(2)
Violation of
university rules, regulations and/or policies.
(3)
Violation of
professional ethics.
(4)
Violation of written directives of the president and/or
board of trustees.
(5)
Commission of an illegal act.
(C)
Exclusions
The following actions do not entitle
the employee to the disciplinary procedures under this policy:
(1)
Written
warnings/reprimands.
(2)
Performance appraisals/evaluations.
(3)
Merit salary
increases (or lack thereof).
(4)
Failure to
promote or appoint to another position.
(5)
Non-renewals of
annual appointments or of extended appointment-eligible positions, i.e., within
the first continuous five years in an extended appointment-eligible
position.
(6)
Reassignment to a different position with equivalent
salary.
(7)
Notices of deficiencies and directives for
improvement.
(8)
Change in title or modification of duties or work
schedule.
(9)
Position eliminations.
(D)
Disciplinary
procedures
(1)
Notice
Disciplinary procedures are initiated
by an administrative department head or designee with a written notice of
proposed discipline. Discipline includes, but is not limited to, suspension,
termination, or non-renewal of an extended appointment. The notice must include
the proposed disciplinary action and information in sufficient detail to
disclose the reasons for the proposed discipline. The notice will be given to
the unclassified administrative staff member, the appropriate vice president or
to the president for those units that report to the president, and the
appropriate personnel office.
(2)
Election of staff
member
A member of the unclassified
administrative staff who receives a notice of proposed discipline may within
five calendar days request in writing either: a hearing or a conference with
the appropriate vice president or the president for those units that report to
the president.
This election is irrevocable and no
other procedure will be available to the unclassified administrative staff
member. A written request for a hearing or conference should be directed to the
appropriate vice president or to the president for those units that report to
the president. If the member of the unclassified administrative staff does not
within five calendar days request either a hearing or a conference,
disciplinary action may be imposed by the appropriate vice president or the
president for those units that report to the president; and no further review
or appeal is available.
(3)
Hearing
procedures
(a)
The hearing will be held before the appropriate vice
president, or the president for those units that report to the president, or
his or her designee (hereinafter referred to as the hearing officer). Note: for
disciplinary action arising out of a notice of proposed discipline initiated by
a vice president, the president will assign another vice president to either
hear the matter or appoint a hearing officer and make the final
determination.
(b)
The parties to the proceeding will be the employee and
the administrative department head that initiated the notice of proposed
discipline.
(c)
The hearing officer will determine the order of
proceedings and other matters pertinent to the conduct of the
hearing.
(d)
Members of the unclassified administrative staff may be
represented, at their own expense, by legal or other counsel. The university
may elect to have legal counsel present. The university may make a record of
the hearing.
(e)
Both parties have the right to submit evidence and
cross-examine adverse witnesses. If the hearing officer elects to accept a
witness' written statement in lieu of personal appearance, the identity of the
witness and the written statement shall be given to the other party, who shall
have an opportunity to respond to the written statement.
(f)
Witnesses, other
than the employee and the administrative department head or designee, will
ordinarily be present only while testifying. Each party is responsible for
securing the attendance of witnesses whose testimony will be offered by such
party.
(g)
If the president or appropriate vice president
designates a hearing officer to hear the matter, the hearing officer shall,
within fourteen calendar days, issue an advisory recommendation. The president
or appropriate vice president will make the final decision.
(4)
Conference procedures
(a)
If the
unclassified administrative staff member elects a conference with the
appropriate vice president or president, a conference shall be held between the
appropriate vice president or the president, the unclassified administrative
staff member, and the administrative department head that initially proposed
the disciplinary action.
(b)
The university may make a record of the conference. No
opportunity to present evidence or cross examine witnesses will be
provided.
(c)
Unclassified administrative staff members may be
accompanied, at their own expense, by legal or other counsel. The university
may elect to have legal counsel present.
(d)
The appropriate
vice president or president will make the final decision.
(E)
Interim suspension
An interim suspension may be imposed by
the appropriate vice president or the president for those units that report to
the president before the disciplinary procedures described in this policy are
initiated or resolved.
During an interim suspension, the
employee is relieved of all employment responsibilities; the employee may be
prohibited from all or any portion of university premises, university-related
activities, or be permitted to remain only under specified conditions prior to
the conclusion of the disciplinary process.
An interim suspension will be with
compensation until the disciplinary procedures are completed.
(F)
Persons not covered by these procedures
These procedures apply to all members
of the unclassified administrative staff, except the following:
(1)
President of
Miami university
(2)
Members of the president's executive cabinet (provost
and executive vice president for academic affairs, the vice president for
finance and business services and treasurer, the vice president for student
affairs, the vice president for university advancement, the vice president for
information technology, the associate vice president for university
communications and marketing, the associate vice president for institutional
diversity, the associate vice president for enrollment management, the general
counsel, the secretary to the board of trustees and executive assistant to the
president, and the director of intercollegiate athletics)
(3)
Academic
administrators (deans, chairs, regional campus coordinators, tenured members of
the faculty serving in an administrative appointment)
(G)
General matters
The university is deeply committed to
maintaining a disciplinary process that protects the rights of the accuser, the
accused, and the institution. The university reserves the right to supplement
or alter these disciplinary procedures any time it deems appropriate, with
appropriate notice to all parties involved, to protect the constitutional
rights of those involved or to comply with state and/or federal law. In
particular, the university notes that it may well be necessary to supplement
and alter these procedures in cases involving alleged sexual harassment, sexual
violence, domestic violence, dating violence, and stalking in order to comply
with Title IX, including the US department of education's April 2011 dear
colleague letter and the Violence Against Women Act.
Replaces: 3339-13-07
