Employee Progressive Discipline
Effective Date: December 8, 2010
Board Policy Reference: DG, DH, and DL
Purpose
The purpose of the Employee Progressive Discipline Procedure is to allow an employee a reasonable opportunity to meet the requirements of the job, comply with college policies and procedures, and allow an opportunity to improve performance and behavior.
The Employee Progressive Discipline Procedure includes the use of verbal conference, written warning and/or improvement plan, and termination or nonrenewal. However, depending upon the circumstances of each situation, the College may choose to begin progressive discipline at any step up to and including termination or nonrenewal. Any of the levels of discipline may be repeated or omitted based upon the circumstances related to the situation.
These procedures are not required to be used prior to placing an employee on paid leave pending the outcome of an investigation or review. The following Board policies should be referred to regarding the suspension of college employees:
- Non-Contract Employees - DDC (Local), Contract and At-Will Employment - At-Will Employment
- Contract Employees Termination - DMAA (Local), Term Contracts - Dismissal
If a supervisor feels that a situation requires action beyond a verbal conference, he or she should contact the Human Resource office for guidance. When action beyond a verbal warning is presented to an employee, it is recommended that a Human Resource representative be present.
Nothing in this procedure creates a contract or property right for non-contract employees nor does this procedure alter, in any way, the employment-at-will status of non-contractual employees.
Procedures
Level I: Verbal Conference
The goal of a verbal conference is to advise the employee that there is a performance or behavior problem and to advise the employee what can be done to correct it. It is expected that this type of conference will result in correcting the problem. The supervisor is to document that this conference took place. It is recommended that the conference documentation be signed by the supervisor and contain the date and time the conference took place.
The employee may submit to the supervisor in writing any mitigating circumstances within ten college business days after the conference takes place. An extension of the deadline to submit a rebuttal to the conference will only be granted if it can be agreed upon in writing by both parties.
If the employee’s performance or behavior fails to improve within the agreed time frame, the process may continue to Level II: Written Conference.
This or any of the levels of discipline may be repeated or omitted based upon the circumstances related to the situation.
Level II: Written Conference
A written conference may occur if a verbal conference fails to produce the desired results agreed upon, or if the supervisor feels that the situation warrants the action. It is recommended but not required that the supervisor utilize the employee conference form to document a written conference. If the supervisor chooses not to use the employee conference form, the following elements should be included in the document used:
- Explain what the problem is,
- Why it is a problem,
- What action might result if uncorrected, and
- When a subsequent action might take place.
The employee should be asked to sign the written conference as an acknowledgement of receipt. If the employee refuses to sign the conference, the supervisor should note the refusal on the document.
Subsequent evaluations should reflect the improved performance or behavior. A copy of the written conference will be placed in the employee’s personnel file.
The employee may submit to the supervisor in writing any mitigating circumstances within ten college business days after the conference takes place. An extension of the deadline to submit a rebuttal to the conference will only be granted if it can be agreed upon in writing by both parties.
If the employee’s performance or behavior fails to improve within the agreed time frame, the process may continue to Level III: Written Improvement Plan.
This or any of the levels of discipline may be repeated or omitted based upon the circumstances related to the situation.
Level III: Written Improvement Plan
A written improvement plan may be developed if a written conference fails to produce the desired results agreed upon or if the supervisor feels that the situation warrants the action. The plan should include the following components:
- A statement of items needing improvement;
- Desired outcomes;
- Actions or steps needed to achieve desired outcomes;
- Method and date by which progress will be reviewed, as well as desired outcomes completed;
- Signature of acknowledgment by the supervisor and the employee.
A copy of the written improvement plan will be placed in the employee’s personnel file. If the employee’s performance or behavior fails to improve within the agreed time frame, the process may continue to Level IV: Termination or Nonrenewal.
This or any of the levels of discipline may be repeated or omitted based upon the circumstances related to the situation.
Level IV: Termination or Nonrenewal
Termination or nonrenewal is an involuntary separation of employment from the college. The following Board policies should be referred to regarding termination and nonrenewal of college employees:
- Non-Contract Employees - DDC (Local), Contract and At-Will Employment - At-Will Employment
- Contract Employees Termination - DMAA (Local), Term Contracts - Dismissal
- Contract Employees Nonrenewal - DMAB (Local), Term Contracts - Nonrenewal