450.1 EMPLOYEE DISCIPLINE AND DISMISSAL
450.1 Purpose
Employees are disciplined in accordance with provisions of this policy and procedures without discrimination because of race, gender, sexual orientation, color, ethnicity, religion, age, national origin, veteran status, or disability as specified in the College Equal Opportunity Policy.
Disciplinary action should be considered by the supervisor as a constructive means of dealing with unacceptable behavior or performance deficiencies on the part of an employee. Such supervisory action should be appropriate to the seriousness of the infraction or performance deficiency. Supervisors should practice progressive discipline where appropriate moving from milder to more serious forms of discipline. Although the basic goal of progressive discipline is to assist the employee in behavior modification that will promote professional success in the work place, the progression is not a chain of separate or discrete steps. There may be overlap and variations in individual cases. A supervisor is authorized to provide verbal counseling, written warnings and letters of written reprimand. A supervisor may recommend to the President actions which include suspension, demotion, and administrative leave. The President may recommend to the Board termination of employment.
Employees, regardless of status, may be dismissed for cause at any time during employment when in the opinion of the President, such termination is in the best interest of the College.
For purposes of this procedure a supervisor is defined as the individual to whom an employee reports directly. A supervisor typically conducts performance appraisals, offers guidance, and establishes goals and objectives. He/she may serve as president, vice president, dean, director, or division chair.
450.1.2 Grounds for Disciplinary Action
450.1.2.1
The following list shows examples of grounds for disciplinary action up to and including termination. This is illustrative only and is not meant to be all-inclusive. The College reserves the right to change, add to or subtract from this list at its discretion.
1. Fraud in securing employment/appointment
2. Incompetency
3. Unsatisfactory performance or documented incompetence in classroom instruction
4. Inefficiency
5. Neglect of duty
6. Insubordination
7. Dishonesty
8. Drunkenness on duty
9. Addiction to the use of narcotics or habit-forming drugs
10. Absence without leave
11. Conviction of a felony or misdemeanor or behavior involving moral turpitude which adversely reflects on the College or affects the employee's suitability for continued employment
12. Discourteous treatment of the public, co-workers or students
13. Willful disobedience
14. Misuse or abuse of College property
15. Unsatisfactory attendance
16. Loss of required qualifications, license or certification
17. Falsification of any public document, including the employment application
18. Misuse or unauthorized use of College funds or property
19. Illegal discrimination, including sexual or other prohibited harassment, as provided by these rules and by law
20. Habits or conduct which risk the safety or health of persons in the working environment or risk damage to property
21. Violation of any portion of the CCC Policy and Procedure Manual
NOTE: There are other common sense rules in the workplace. In general, the College may terminate an employee for acts inconsistent with the relationship of employer and employee or incompatibility with the due and faithful performance of the employee's duties.
450.1.3 Types of Disciplinary Actions and Administrative Leave
450.1.3.1 Verbal Counseling
Verbal counseling is the most common method used to assist the employee in improving work performance or complying with policies and procedures. Counseling should be a cooperative attempt at identifying and correcting the problem. The supervisor shall note the dates of such counseling, the events or actions leading to the counseling and the actions that must be taken to correct the situation giving rise to the counseling.
450.1.3.2 Written Warnings
A written warning is used for more serious errors, failure to meet job requirements or violation of rules and/or policies, or when verbal counseling has not produced satisfactory results. A written warning shall explicitly state that it is a "written warning" and the supervisor will retain a copy in the department file. A written warning must include a statement that failure to correct the deficiency or behavior may lead to disciplinary action up to and including termination. A warning is not subject to the grievance procedure by an employee, since no punitive action has been taken.
450.1.3.3 Written Reprimand
A written reprimand is the least severe form of discipline. As with other forms of disciplinary action, a letter of reprimand is typically given after counseling and written warnings have failed to produce a desired change in behavior. However, it may be appropriate to use this form of discipline without prior warnings in some circumstances. A letter of reprimand should contain the following information: (1) specific nature of deficiencies, (2) corrective action required, (3) the fact that more severe disciplinary action will be taken up to and including termination, if the employee does not correct the behavior.
A copy of the reprimand shall be placed in the employee's personnel file after the employee has been afforded an opportunity to review the reprimand and acknowledge its receipt. If, after consulting with the supervisor, the employee believes the reprimand is unfair, inaccurate, or inappropriate, such employee may appeal the reprimand by submitting a letter to the President outlining his/her position on the incident within three (3) working days of receipt of the letter of reprimand. The President will make a determination within five (5) working days and his/her determination will be final.
450.1.3.4 Disciplinary Suspension
Disciplinary suspension is the temporary release of an employee from duty up to thirty (30) workdays without pay. A suspension is a significant disciplinary action for a more serious incident or repetitions of improper performance or conduct. An employee does not receive pay for periods of disciplinary suspension; however, benefit programs continue except for the accrual of sick and vacation time.
Prior to suspending an employee, a pre-disciplinary hearing conference must be conducted. Refer to Section 450.1.4 of this procedure. An employee who has been on suspension is subject to the grievance procedure.
450.1.3.5 Demotion
An employee may be permanently assigned to a lower position at a lower grade as the result of disciplinary action. Prior to demoting an employee a pre-disciplinary hearing conference must be conducted. Refer to Section 450.1.4 of this procedure. An employee who has been demoted is subject to the grievance procedure.
450.1.3.6 Dismissal
Dismissal is the most serious form of disciplinary action. Prior to dismissing an employee a pre-disciplinary hearing conference must be conducted. Prior to conducting the pre-disciplinary hearing, the supervisor will meet with the Human Resources Director and the appropriate vice president to ensure all the necessary information has been gathered to conduct a pre-disciplinary hearing conference. The supervisor, Human Resources Director and vice president will participate in the pre-disciplinary hearing conference.
Upon completion of the pre-disciplinary hearing conference, if there is a final decision to recommend dismissal of an employee it shall be effective upon notice from the President subject to ratification by the Board. When dismissing an employee based on the Board's decision, termination procedures under Section 450.2.3.1 will be followed. An employee who has been dismissed is subject to the grievance procedure.
450.1.3.7 Administrative Leave
Upon approval by the President an employee may be placed on Administrative leave to allow for investigation of an infraction of College policies and procedures. At the conclusion of Administrative Leave the employee may be returned to work without penalty, disciplined, discharged or advised of disciplinary action. Administrative leaves shall not exceed thirty (30) workdays unless extended by the President. This action is not punitive and does not imply guilt or innocence. An employee's pay and benefits continue during administrative leave.
450.1.4 Pre-Disciplinary Hearing Conference Procedure
A regular employee who has completed his/her initial probationary period is entitled to a pre-disciplinary conference prior to a final decision on dismissal, disciplinary suspension, or involuntary demotion.
The purpose of a pre-disciplinary hearing conference is to assist the supervisor and the appropriate vice president to make a fair decision when considering disciplinary action. The pre-disciplinary conference provides the employee the opportunity to know what disciplinary action is being considered and the basis for that action. It provides the employee the opportunity to share information which may impact the decision by explaining his/her side of the story or reveal mitigating circumstances.
Pre-disciplinary hearing conference forms may be obtained from the Human Resources Department. A completed copy of the form must be provided to the employee.