Personnel
Disciplinary Procedures (Non-Faculty) (6.12)
PURPOSE
The purpose of this policy is to establish a disciplinary process
which will provide consistency in application and equitable treatment
of all employees.
POLICY
Whenever disciplinary action is taken against an employee, the
immediate supervisor is responsible for advising the offending
employee of his/her right to the University's Complaint/Grievance
Procedures (No.6.10), if applicable.
PROCEDURES
A. All new employees are on probation for a period of six (6)
months. If during this period there is cause for disciplinary
action, it may result in dismissal.
B. Normally, the reason for taking disciplinary action is to correct
an individual's misconduct and to warn that repetition of similar
behavior can result in discharge.
C. No disciplinary action involving demotion, suspension or dismissal
is to be taken against any regular, fulltime employee until
such disciplinary action has been discussed with the Personnel
Director or a designated representative, except when, in the judgment
of the employee's supervisor, immediate suspension is necessary
to protect the safety of persons or property or for similar grave
reasons. In addition, dismissal requires the concurrence of the
appropriate Vice President and the President or a designee.
Generally, there are three conditions leading to the need for
discipline at Tennessee State University. They are:
1. An employee is performing below job standards in terms of work
quantity, quality, method, timeliness or cost. These should be
performance measurements upon which all employees are evaluated
for overall effectiveness, and they should be measured in precise
terms whenever they become disciplinary issues.
2. An employee violates prescribed rules of conduct, behavior
or general performance.
3. An employee interferes with the performance of others or engages
in a behavior that is damaging to the reputation or welfare of
the university, other employees, students or to the employee's
own credibility.
Disciplinary action is usually caused by performancerelated
conditions or conduct on the job or on university property. The
most essential point to remember is that the cause of discipline
must be directly (and reasonably) related to the employee's job,
the effect upon students or other employees or the reputation
and welfare of the employee.
Tennessee State University adheres to the philosophy that most
problems can be resolved at the lowest institutional level if
they are addressed promptly and fairly.
Although involuntary separation is an option under the procedures
set forth, Tennessee State University believes that when problems
occur requiring disciplinary action it is preferable to salvage
the employee, except in instances of gross misconduct when such
conduct is determined to constitute a danger to the students,
staff or to the employee.
Tennessee State University encourages the principle of progressive
discipline if discipline is to bear a reasonable relationship
to the offense and to serve as an appropriate modifier of behavior.
Simply stated, progressive discipline means:
1. The single occurrence of a minor or moderate infraction might
incur minor discipline (counseling, verbal warning, written warning).
2. A repeat or continuation of the same minor or moderate infraction
or the single occurrence of a more serious infraction might incur
more formal discipline (written reprimand, suspension without
pay).
3. The single occurrence of a very serious infraction or the repeat
of the same moderately serious infraction might incur the most
formal discipline that is reasonably related to the offense (demotion,
pay reduction, discharge).
Whenever there is doubt as to the applicability of a disciplinary
procedure or to the appropriateness of a disciplinary procedure,
the Personnel Office should be consulted. Each disciplinary situation
is considered on a case-by-case basis, and disciplinary remedies
may or may not be applied in the order in which they appear in
these procedures.
Supervisory Responsibility
The supervisor is responsible for maintaining proper conduct and
discipline of university employees under his/her supervision.
When disciplinary action appears to be necessary, the supervisor
will conduct an interview with the subject employee:
1. to give the employee a clear understanding of exactly what
is expected;
2. to explain how the employee has failed in meeting the requirements
or why his/her conduct has been unacceptable;
3. to give the employee an opportunity to account for his/her
actions or lack of actions;
4. to take disciplinary action if the situation warrants. All
disciplinary discussions should take place in a climate conducive
to mutual understanding and reasonable discussion.
A. There are circumstances and instances of misconduct requiring
disciplinary action which may result in immediate discharge. Some
examples are:
1. possession or use of liquor on University property;
2. buying, selling, using, possessing or being under the influence
of any illegal narcotic including marijuana, heroin, LSD and any
other related or similar drugs;
3. immoral behavior on university premises;
4. theft (including removal of discarded items);
5. fighting on University property;
6. possession of unauthorized weapons on university property;
7. falsification of records or fraud;
8. willful violation of safety rules;
9. willful damage to university property;
10. gross insubordination or willful disregard of instructions.
B. There are many instances of misconduct which normally do not
warrant immediate discharge for the first offense but which should
result in disciplinary action being taken. While not all inclusive,
some examples are:
1. ineffective use of university time;
2. improper use of equipment;
3. carelessness resulting in damaged equipment;
4. repeated or unreported absenteeism or tardiness;
5. disregard for general university rules;
6. failure to report an accident to a person or damage to equipment.
Forms of Disciplinary Action
A. Oral Warning: If the problem was caused by inattention or neglect
of minor significance and the employee has not been reprimanded
for a similar offense during the previous six months, an oral
warning is suggested. The basic cause of the incident should be
clearly pointed out, suggestions made for its correction and the
employee told what consequences to expect should similar incidents
continue to occur. The supervisor may administer an oral warning
without prior approval and record the date and other pertinent
information for future reference.
B. Written Warning: If the problem was caused by a disregard of
instructions, written warning or other disciplinary measures including
discharge may be necessary. When it is the employee's first offense
of this degree of seriousness and the supervisor has reason to
believe the action was impulsive or occurred under mitigating
circumstances, as opposed to premeditation, the written warning
may be appropriate. A written warning shall also be given if it
becomes necessary to reprimand an employee orally more than once
within a sixmonth period. If a written warning is decided
upon, a record of the facts shall be made by the supervisor. The
supervisor must have the concurrence of the department head before
issuing the written warning. The written warning will be issued
to the employee by his/her supervisor and a copy should be sent
to the Personnel office to be placed in the employee's personnel
file.
C. Time Off Without Pay (Suspension): This action may be taken
to impress upon the employee the serious nature of his/her act
or offense. This should be considered as a notice the employee
is facing possible termination if the performance or behavior
does not improve. The supervisor will consult the department head
and the Personnel Director and, if time off without pay is decided
upon, the duration of the timeoff period will be determined
through such consultation. In addition to the time off without
pay, a letter of warning will be issued to the employee and a
copy placed in the employees personnel file. When it becomes necessary
to suspend an employee without pay, a probationary period may
be warranted upon the employees return.
D. Termination: When an employee is recommended for termination
for disciplinary reasons, the following occurs:
1. The employee's supervisor will discuss the facts and records
of the case with his/her department head or director and a written
summary will be prepared, including a written recommendation.
2. The department head or director will review the case with the
Personnel Director or his/her designated representative.
3. The Personnel Director will review the case, and the department
head's recommendation with, the appropriate Vice President.
4. When a decision has been reached as to whether the employee
shall be terminated and whether with or without further notice
or pay, the supervisor will notify the employee of the decision.
E. When, in the judgment of the supervisor, immediate suspension
of an employee is necessary to protect the safety of persons or
property or for similarly grave reasons:
1. the supervisor will direct the employee to leave the university premises at once and either (a) to report back to the supervisor the following day or (b) to remain away until further notice;
2. the procedures in D, 14 above will then be promptly followed.
F. Termination for gross misconduct, under Tennessee Board of
Regents policies specifies that the terminated employee will forfeit
vacation accruals. In order to insure clarity and consistency
in applying gross misconduct to a terminated employee the following
procedure applies: In instances when gross misconduct is alleged
the Personnel Director, in consultation with the President, must
make the final determination.
1. Gross misconduct may include, but is not necessarily limited
to: any act or omission which may seriously disrupt or disturb
the normal operation of the University; any workrelated
conduct which would subject the employee to criminal conviction;
theft or dishonesty; gross insubordination; destruction of University
property; falsification of records; acts of moral turpitude; reporting
for duty under the influence of intoxicants; the illegal use,
manufacture, possession, distribution, or dispensing of controlled
substances or alcohol; disorderly conduct; provoking a fight;
and/or such other similar acts involving intolerable behavior
by the employee.
2. In determining eligibility for unemployment compensation benefits,
the definition of gross misconduct utilized by Tennessee Employment
Security is not affected by the definition outlined in this paragraph.
G. Whenever an employee is terminated under the terms and conditions
of a contract, the employee is usually given a 14 day notice.
At times, even with a 14-day notice, it might be advisable that
the employee not return to the work place. In such instances,
the Personnel Director should be consulted.
1. Nonexempt employees, e.g., 1300 category shall be provided
a fourteen (14) day notice of separation.
2. Exempt employees, e.g., 1100 category, shall be provided a
thirty (30) day notice of separation.
H. Resignation in Lieu of Termination
At times it might be in the best interest of the University and
the affected employee if the affected employee is offered an opportunity
to resign in lieu of termination. In such instances the following
shall apply.
1. The Vice President or Director will consult with the Personnel
Director to insure the appropriateness of the action.
2. Upon agreement by the Vice President and the Personnel Director,
the affected employee may be orally advised of the option to resign
or be terminated.
3. If the affected employee offers to resign the employee must
submit her/her resignation in writing within 24 hours. If the
employee fails to submit a resignation after indicating he/she
would, immediate termination is warranted.
4. The employee's written resignation must include an effective
date that is acceptable to the appropriate Vice President.
5. Voluntary resignations in these instances are not subject to
the University's Complaint and Grievance Procedures for Employees,
No. 6.10.
REFERENCE
TBR Policy 5:01:00:00 defines Gross Misconduct.