(A)
Policy statement
It is expected that the employees of
the university of Toledo maintain high standards of behavior, conduct, and work
performance consistent with our mission and vision. Employees who fail to abide
by the established standards may be subject to appropriate disciplinary action.
When implementing discipline as corrective action, each university of Toledo
division/college shall undertake disciplinary measures for the purpose of
correcting an offending employee's inappropriate conduct/behavior.
(B)
Purpose of policy
The purpose is to advise employees of
actions or behavior subject to corrective action and procedures. Disciplinary
actions should be imposed with the intent of giving the employee the
opportunity to correct his/her behavior. If such correction does not occur, the
level of discipline should become more severe. Certain offenses, by their
nature, may warrant more severe disciplinary action up to and including
removal, irrespective of issuance of prior discipline.
(C)
Scope
This policy applies to employees not
covered by a collective bargaining agreement.
(D)
Procedure
A non-bargaining unit classified
employee may be subject to corrective action for incompetency, inefficiency,
dishonesty, drunkenness, immoral conduct, insubordination, discourteous
treatment of the public, neglect of duty or any failure of good behavior, or
any other acts of misfeasance or nonfeasance in office, use of alcohol or
abusive drugs while on duty, or for other just cause.
Exempt unclassified employees occupying
positions in a non-collective bargaining unit are considered at will employees.
As such, they may be subject to progressive discipline at the discretion of the
university, or be suspended or terminated for cause at its sole discretion.
Unclassified employees may be reduced, suspended, or removed only by an
appointing authority - not by the supervisor or department head.
(E)
Process
Applicable to classified
employees
(1)
In cases involving the discipline of an employee, the
university will ordinarily follow the principle of progressive corrective
action through a system of oral reprimand, written reprimand, suspension(s),
and dismissal. However, it is recognized that a combination of various
corrective actions against an employee, or an act of a serious nature may
prompt the university to consider and bypass one or more of the corrective
action steps outlined in this paragraph.
(2)
Corrective action
shall be taken with discretion, so as not to cause public embarrassment to the
employee.
(3)
Supervisors must discuss disciplinary cases with a
human resources and talent development designee before taking action.
Classified employees may be reduced, suspended, or removed only by the
appointing authority--not by the supervisor or department head.
(4)
Employees shall
be afforded an opportunity for a hearing during the employee's regularly
scheduled working hours, or a mutually agreeable time other than the scheduled
working hours before the human resources hearing officer prior to being
dismissed or suspended without pay. Employees required to attend such hearings
will be paid for actual hours spent in such hearings. Employees who fail to
appear at their scheduled hearing for any reason shall forfeit the right to a
hearing provided reasonable notification of the hearing was provided. In such
cases, appropriate corrective action may be given to the involved employee
without a hearing. Prior to such hearing, the charges shall be reduced in
writing with a copy to the employee. Approval, prior to the hearings, from the
immediate supervisor, to release an employee(s) from regular duties during
working hours to testify must be obtained. In special cases an employee may be
suspended with or without pay pending a hearing by an appointing authority. In
assessing penalties, the offense(s) do not have to be of the same type or kind
as any previous offense(s).
(5)
After twelve
months' corrective action records, which have resulted in suspension of three
days or less, shall be disregarded in subsequent corrective action or in
considering the employee for promotion, transfer or voluntary demotion. Upon
written request by the employee, these records may be removed from the
employee's personnel file after twelve months. All records of corrective action
shall be maintained only in human resources and talent
development.
(6)
Corrective action records which have resulted in
suspensions of more than three days shall be disregarded in subsequent
corrective action or in considering the employee for promotion, transfer or
voluntary demotion after twenty-four months, provided there have been no
subsequent suspensions in the intervening period. Upon written request by the
employee, these records may be removed from the employee's personnel file after
twenty-four months, provided there have been no subsequent suspensions in the
intervening period.
(7)
Employees will receive a written notice of a
suspension, a reduction, or a removal from the appointing authority.
Non-bargaining unit classified employees may appeal a reduction, suspension in
excess of three working days, or removal, to the state personnel board of
review. A suspension of three or fewer working days may not be appealed to the
state personnel board of review.