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Discipline
Corrective counseling and oral warnings are informal means of dealing
with performance deficiencies or misconduct which may be used at the employer's
option prior to or in addition to formal disciplinary measures.
The employer may formally discipline employees for unacceptable performance
or behavior using such means as, but not limited to, written warnings,
suspension without pay, disciplinary demotions, and discharge.
- The employee shall receive written notice of any formal disciplinary
action and a copy of such notice shall be placed in the employee's personnel
file. Such notices shall include the reason for the discipline; the
type of disciplinary action taken, including dates and duration where
applicable; the improvement or corrections expected; and the consequences
of failure to make required improvement.
- The Director of Human Resource Services shall review all notices of
disciplinary action prior to their issuance and shall be responsible
for forwarding a copy of notice to the bargaining agent where required
by a collective bargaining agreement.
- Where notices cannot be issued in person, they should be delivered
by certified mail.
Termination
Classified Employees
Classified employees who have not completed the six month probationary
period in a permanent position may be terminated any time during the
probationary period without cause and without prejudice. Employees who
are terminated during their probationary period need not be given reasons
for their termination nor are such employees entitled to the pretermination
review outlined in Section II A of this policy. Prior to termination
of a probationary employee the Director of Human Resource Services shall
be consulted.
Classified employees who have completed the six-month probationary
period may be terminated for cause if they fail to perform their jobs
in a satisfactory manner or if their behavior otherwise interferes with
the efficient operation of the unit. Discharge should not be an initial
disciplinary action except in the most serious cases of unacceptable
behavior. Classified employees who are terminated for cause shall be
given written notice of their termination which specifies the date the
termination is effective and the reasons for the discharge.
The Director of Human Resource Services shall be consulted prior to
the termination of a classified employee who has completed their probationary
period. An immediate suspension pending investigation may be utilized
if it is vital to remove the employee from the work situation. The Director
of Human Resource Services shall review all notices of termination prior
to their issuance and shall be responsible for forwarding a copy of
the notices of termination to the collective bargaining agent where
required by a collective bargaining agreement.
Contract Professional Administrative Employees
- Employees who are employed through individual employment contracts
under the authority of the Board of Regents may be terminated for
cause at any time during the contract period. Discharge should not
be an initial disciplinary action except in serious cases of unsatisfactory
performance or unacceptable behavior. Employees with employment contracts
who are terminated for cause shall be given written notice of their
termination which specifies the date the termination is effective
and the reasons for termination.
- Employees who are employed through individual employment contracts
under the authority of the Board of Regents may be terminated without
prejudice and without a showing of cause upon written notice and expiration
of their employment contract. Employees shall be given written notice
of intent not to renew their contracts at least thirty (30) days prior
to termination during the first year of employment, three (3) months
prior to termination during the second year of employment, or six
(6) months prior to termination during the third or subsequent years
of employment. Employees who are given the specified notice of their
termination or the pretermination review are provided for in Section
II A of this policy.
- The Chancellor is excluded from this policy.
- Coaching staff explicitly exempt.
Procedures
A pretermination review shall be conducted prior to the termination of
a classified employee who has completed the probation period. A pretermination
review shall be conducted prior to the termination for cause during the
contract period of an employee who is employed through an individual employment
contract. The purpose of the pretermination review is to ensure there
are reasonable grounds to believe the allegations against the employee
are true and the allegations support the discharge decision.
- The pretermination review shall be conducted by the Director of Human
Resource Services (the investigator).
- The supervisor recommending termination shall explain and support
the reasons for the termination to the investigator prior to finalizing
the discharge.
- The investigation shall give the employee notice of the allegations
supporting the recommended discharge action, notice of the substance
of the evidence supporting the allegations, an opportunity to submit
a written response, and opportunity to meet with the investigator, and
an opportunity to present rebuttal witnesses.
- After hearing the employee's side of the story and investigating
areas of conflict between the supervisor's and employee's perceptions
of the situation the investigator shall determine whether there are
reasonable grounds to believe that the charges against the employee
are true and support the proposed action.
- Upon completion of the pretermination review, the investigator shall
report his or her findings to the hiring authority and together they
shall decide, based on the findings, whether or not the decision to
discharge should be finalized.
At the time the termination becomes effective, the employee shall be
informed of the right to appeal the decision to terminate.
Reference:
MUS Regent Policy
711.1, Employment Instruments; Professional and Administrative Employees,
Effective November 19, 1998; Issued December 30, 1998.
Return
to Section 1000
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P.O.
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