| Policy Number: |
CSM 403.0
|
|---|---|
| Effective Date: |
September 01, 1988
|
| Last Revised Date: |
June, 2017
|
| Applies To: |
Classified Staff
|
| Responsible Unit(s): | |
| Responsible Unit Email(s): | |
| Status: |
Active
|
Purpose and Summary
The University of Arizona (University) attempts to provide Classified Staff employees who violate policies or exhibit unsatisfactory job performance an opportunity to comply with University or departmental requirements by means of progressive disciplinary actions.
The intent of this Policy is to use a series of progressive disciplinary actions, when appropriate, as a means to assist and encourage Classified Staff to correct their conduct and to achieve satisfactory work performance. Particular circumstances may, in some cases, be exceptional or singular and the related disciplinary actions will be tempered or expanded because of the facts of the situation.
Violations of the University rules against discrimination and harassment; the Classified Staff Rules of Conduct Policy; or other ABOR, University, and/or departmental rules or policies may result in specific disciplinary measures, including discharge.
Scope
This Policy applies to University employees who are designated as Classified Staff.
Definitions
Classified Staff means a legacy employment category. Employees within this category operate under the conditions outlined in the Classified Staff Human Resources Policy Manual, which defines certain rights, processes, and mandates.
Progressive Discipline means a series of disciplinary actions, corrective in nature, taken to provide Classified Staff employees the opportunity to improve job performance and comply with departmental and University policies. Such actions range from counseling/coaching, verbal and written warnings, and disciplinary probation/disciplinary suspension without pay, to discharge, as deemed appropriate by the responsible administrator.
Policy
Classified Staff employees are expected to abide by the established rules and policies of their departments, the University, and the Arizona Board of Regents (ABOR).
To enable Classified Staff employees to meet this expectation, administrative officials must develop clear and reasonable departmental policies and performance expectations, investigate the circumstances of apparent policy or rule violations or unsatisfactory performance before taking disciplinary action, and ensure that prompt, consistent disciplinary action is administered.
The responsible administrator, with the assistance of Human Resources, will also determine whether the Classified Staff employee’s conduct or misconduct violated the University Classified Staff Rules of Conduct Policy or other ABOR, University, and/or departmental rules or policies are serious enough to warrant immediate specific disciplinary measures outside of Progressive Discipline, including discharge. Where "serious violations" are referenced in the Classified Staff Human Resources Policy Manual, "serious violations" will be those acts of serious misconduct or conduct which could result in injury or loss of life, limb, or property; or impairment of University operations; or disregard of the Nondiscrimination and Anti-Harassment Policy.
Progressive Discipline Process
Counseling/coaching is the most common method employed for assisting the Classified Staff employee to improve work performance or comply with rules and/or policies. Counseling or coaching should be a cooperative attempt at determining and correcting the problem. With the exception of serious failures to conform to rules and policies, as determined by the responsible administrator, disciplinary actions will occur only after counseling/coaching efforts have been unsuccessful. Responsible administrators are encouraged to keep notes of such counseling/coaching efforts.
Warnings may be either verbal or written. A written warning is used for more serious errors, failure to meet job requirements, or violations of rules and/or policies, as determined by the responsible administrator, or when a verbal warning has not produced satisfactory results. Either type of warning will specify the problem(s) and what action is required to correct it. The responsible administrator who issues a verbal warning must maintain notes of the date and contents of the discussion and must advise the Classified Staff employee that a record is being maintained.
A written warning will explicitly state that it is a "written warning" and will specify that further disciplinary action will ensue if the Classified Staff employee fails to achieve a satisfactory level of performance. A written warning will also include notice to the Classified Staff employee that it is subject to the Classified Staff Dispute Resolution Policy. A copy will be sent to Human Resources.
Disciplinary actions are of two types, disciplinary probation and disciplinary suspension, and will be used when a prior warning does not produce satisfactory results in correcting performance deficiencies or behavior that is not in compliance with University/departmental rules of conduct or when the responsible administrator determines that a violation of a rule and/or policy is serious enough to warrant such action without prior use of less severe discipline.
Disciplinary probation will be for a specified period of time, not less than one (1) month nor more than six (6) months, during which time the Classified Staff employee's performance or behavior will be closely monitored in an effort to effect improvement or change. Disciplinary probation is usually applicable to unsatisfactory job performance or dependability problems, such as unsatisfactory attendance, and carries an implied obligation to retain the Classified Staff employee for the duration of the period of disciplinary probation. If, however, new problems arise during a disciplinary probation period or performance significantly declines during this period, immediate discharge may occur.
Disciplinary probation will be initiated by a memorandum to the Classified Staff employee that explicitly contains the following:
- Inclusive dates of probation period.
- Specific nature of problem(s) resulting in probation, including specific examples of incidents for each problem.
- Corrective action required, including specific and reasonable standards related to the deficiencies outlined in #2, above.
- The consequences of failure to correct the problem(s) within the disciplinary probation period.
- Notice that immediate discharge may occur if new performance deficiencies arise within the disciplinary probation period.
- Notice of the Classified Staff employee's right to appeal the probation by means of the Classified Staff Dispute Resolution Policy.
A copy of this memorandum will be provided to Human Resources.
Disciplinary suspension is the temporary release from duty of a Classified Staff employee for up to thirty (30) calendar days without pay and is applicable when the responsible administrator determines that a violation(s) or repetition of violation(s) of ABOR, University, and/or departmental rules and policies is serious enough to warrant suspension. The action to suspend must be preceded by a meeting with the Classified Staff employee. Should a Classified Staff employee's conduct warrant more than two suspensions within a two-year period, discharge will be considered.
Written notice of disciplinary suspension will be given to the Classified Staff employee with a copy to Human Resources and will include the following:
- Reason for the disciplinary suspension.
- Reference to and conclusions drawn from the meeting.
- Inclusive dates of the suspension.
- Classified Staff employee's right to appeal the action through the Classified Staff Dispute Resolution Policy.
- Advice to the Classified Staff employee that failure to return to work on the first scheduled workday following the suspension will result in discharge.
A disciplinary suspension given to an exempt Classified Staff employee must be for full workdays.
Investigative suspension is the temporary release from duty for up to five (5) working days of a Classified Staff employee with pay to permit investigation of apparently serious infractions of ABOR, University, and/or departmental rules or policies. When circumstances warrant, as determined by Human Resources, extensions may be granted in increments of up to five (5) working days. Requests for such extensions, including a justification for the request, should be directed in writing to Human Resources. Upon completion of the investigation, the Classified Staff employee may be returned to work without penalty, placed on disciplinary suspension, discharged, or subjected to more moderate disciplinary action as deemed appropriate to the circumstances by the responsible administrator. The facts surrounding investigative suspension will be documented with a copy to the Classified Staff employee and Human Resources.
Discharge is the involuntary termination (other than a Layoff/Reduction in Force) of a Classified Staff employee by a responsible administrator. The discharge of a Classified Staff employee must not occur unless there is a serious violation(s) or repeated violation(s) of ABOR, University, and/or departmental rules or policies, or an uncorrected failure to meet job requirements. A meeting will be scheduled and will precede the decision to discharge a Classified Staff employee. Prior to initiating the discharge of a Classified Staff employee, the responsible administrator must notify Human Resources.
If circumstances do not permit contacting Human Resources, or time does not permit proper assessment of the incident or the Classified Staff employee's past record, the Classified Staff employee may be placed on investigative suspension.
Following the above steps, the affected Classified Staff employee will be notified in writing of:
- The reason for discharge.
- The facts of and conclusions drawn from the meeting.
- The effective date of discharge.
- The Classified Staff employee's right to appeal the action by initiating a dispute resolution request pursuant to the Classified Staff Dispute Resolution Policy.
The appropriate payroll documents will be processed in a sufficiently timely manner to ensure that any discharged Classified Staff employee receives all wages due within seven working days following the discharge date or on the next regular payday, whichever is sooner. Note this time frame may be shorter for out-of-state Classified Staff employees.
Compliance
Human Resources is responsible for overseeing compliance with this Policy.