Inquiry, Investigation/Discipline Procedure

Every employee is expected to participate fully in any college-led inquiry, investigation, or disciplinary procedure. Failure to cooperate may result in disciplinary action up to termination of employment.

Concerns are investigated in a thorough, reliable, and impartial manner prior to disciplinary action being taken.

Violation of the College’s performance standards, policies, procedures, and practices or standards of conduct generally, but not always, may be handled in the following progressive manner:

Step One: Verbal Warning

Step Two: Written Warning

Step Three: Final Written Warning (a Disciplinary Suspension may occur concurrently)

Step Four: Dismissal

For concerns of discrimination, harassment, sexual harassment, and sexual violence, investigation procedures are located in P-534 Prohibition of Discrimination, Harassment, Sexual Harassment, and Sexual Violence.

Administrative Leave

An employee may be placed on Administrative Leave while the College completes an investigation of an alleged policy violation. This is an interim measure which may be imposed temporarily by joint decision between Human Resources management and the division Vice President or by the Title IX Coordinator in Title IX matters. In the event of an Administrative Leave, the employee will be notified whether the time away from work will be with or without pay. Violation of Administrative Leave may lead to disciplinary action(s).

Step One: Verbal Warning

The supervisor will meet with the employee to communicate the concern and the expected remedy. The purpose of this conversation is to serve as a reminder of a rule or a performance expectation, and to clarify the employee’s responsibility to meet expectations.

Step Two: Written Warning

If performance does not improve, or if there is continued or additional violation of the College’s performance standards, policies, procedures, and practices or standards of conduct, the supervisor and/or Human Resources management will meet with the employee to discuss the concern. The employee will receive written notification of the concern and the expectations that must be satisfactorily met. A copy of the written notification will be placed in the employee’s personnel file.

Step Three: Final Written Warning/Disciplinary Suspension

If performance does not improve, or if there is continued or additional violation of the College’s performance standards, policies, procedures, and practices or standards of conduct following the Written Warning, the supervisor and/or Human Resources management will meet with the employee to discuss the concern. The employee will receive final written notification of the concern and the expectations that must be satisfactorily met. A Final Written Warning may also be accompanied by a Disciplinary Suspension. In this situation, the employee will spend a determined number of unpaid day(s) away from work. During this time away from work, the employee will decide whether to return to work and adhere to all requirements, or whether to terminate employment with the College. A copy of the final written notification will be placed in the employee’s personnel file.

As deemed necessary by the Administration of the College, an employee may be placed on Suspension while the College completes an investigation of an alleged policy violation. In this situation, the employee will be notified whether the time away from work will be with or without pay.

Step Four: Dismissal

Dismissal is defined as the ending of the employment relationship by the College, and this typically results after progressive disciplinary steps have failed to correct the concern. However, in certain situations immediate dismissal may occur.

The actions listed below are a representative sample of occurrences which may lead to immediate dismissal. Other actions not specified below, but of a similarly serious nature, may also result in immediate termination of employment.

• Failure to follow safety practices
• Falsification of the College's records
• Insubordination
• Knowingly making false or misleading statements during investigation/disciplinary procedures
• Theft
• Threat of, or the act of, doing bodily harm
• Violation of Drug-Free Workplace Policy
• Violation of policies regarding discrimination, harassment, sexual harassment, or sexual violence
• Willful or negligent destruction of property

Problem Solving and Appeals

A staff member may use the problem solving procedures when they believe there has been a violation, misinterpretation, misapplication, or unreasonable application of a College policy, procedure, rule, or regulation regarding that individual’s employment conditions.

Staff members are encouraged to discuss the concern with their supervisor. If the concern is not resolved, the staff member may choose to follow the following problem-solving steps:

STEP 1: Within fifteen [15] days after the occurrence of the concern or problem, the staff member will present the problem in writing to the department supervisor or manager.

Within five [5] days after receipt of the written notice, the supervisor or manager will hold a conference with the staff member.

Within five [5] days following the conference, the supervisor or manager will conduct any investigation that may be necessary and provide a written response to the staff member.

STEP 2: In the event the staff member is not satisfied with the response, he or she may appeal the response in writing to the division Vice President and Vice President for Human Resources within five [5] days following receipt of the supervisor’s or manager’s response. With this appeal the staff member will include a copy of the original notice of concern as well as any replies received.

Within five [5] days after receipt of the appeal, the Vice President for Human Resources will hold a conference with the staff member.

Within five [5] days following the conference, the Vice President for Human Resources will conduct any further investigation that may be necessary and provide a written response to the staff member.

STEP 3: In the event the staff member is not satisfied with the response, the staff member may appeal the response in writing to the College President within five [5] days following receipt of the Vice Presidents' response. With this appeal the staff member will include a copy of the original notice of the concern and all replies.

Within five [5] days after receipt of the notice of the problem, the President will examine the record of the concern, conduct any investigation necessary, and either hold a conference with the staff member or issue a decision after reviewing the information provided. The President’s decision will be final.

If the investigation/disciplinary procedures and the appeal result from a report of discrimination, harassment, or sexual harassment, The appeal will begin at STEP 2. The reporting party will also be notified in writing of the result of the appeal and any changes in the disciplinary action imposed if the disciplinary action directly relates to the reporting party (e.g., an order that the employee stay away from the reporting party). 

If the investigation/disciplinary procedures and appeal result from a report of a crime of violence or non-forcible sex offense (as defined in 34 C.F.R. §99.39), the appeal will begin at STEP 2. The reporting party and the responding party will be notified of the result of the appeal and any changes in the disciplinary action imposed. If the alleged victim is deceased as a result of the crime or offense, the disclosure may be requested by the next of kin of the alleged victim. 

If the staff member does not appeal a decision at any step within the specified time frame, the problem solving process will be considered terminated by consent of the staff member.

No adverse action will be taken by the College toward a staff member for use of the problem solving process. However, disciplinary action may be taken by the College toward the staff member for knowingly making untrue or misleading statements in connection with the problem solving process, or for knowingly making an untrue or unfounded claim.

A request for use of the problem solving process may be withdrawn in writing at any time.

Consideration will be given to the staff member’s work schedule when scheduling problem solving conferences.

A copy of the problem solving request, written responses, and appeals at each step will be forwarded to the Vice President for Human Resources who will maintain all problem solving records.

All documents, communications, and records pertaining to a problem solving process will be maintained in a file separate from the staff member’s personnel file.

Day: A “day” means a calendar day except a Saturday, Sunday, and approved holidays or paid time off.

 

Content Owner: Human Resources

Revised: 07/2015

 Policy