Progressive Discipline For Misconduct -Support Staff

1. 1. Performance Management.
      Delta College has a Performance Management System for Administrative/Professional and Support Staff that offers opportunity for performance improvement where persons are not meeting the College’s expectations of their job responsibilities. When the concerns are with effective job performance rather than misconduct, the Performance Management System should be used. Please see detailed information regarding the Performance Management System.
   2. Misconduct.
      Employees may be disciplined for misconduct, which includes but is not limited to the following:
      1. Willful actions such as dishonesty, fraud, or misrepresentation, including falsification of employment credentials, records, or other information, or providing false statements during the course of a work-related investigation.
      2. Any illegal acts in connection with work, including, but not limited to theft, assault, battery, harassment, or use of illegal drugs or abuse/misuse of prescriptions. Discipline in such cases is not dependent on criminal conviction.
      3. Willful failure to comply with Delta College’s policies, procedures, regulations, and/or rules.
      4. Willful conduct that is unethical, unprofessional, or inappropriate – outside of work – when the employee’s actions adversely impact the College.
      5. Willful disclosure of any confidential or proprietary information as defined by College policy, state or federal laws, regulations or guidelines, to any unauthorized person or entity.
      6. Willful failure, for any reason, within five days after receipt of written notice from the College, to correct or cease any conflict of interest.
      7. Insubordination, generally defined as knowingly and willfully disregarding or refusing to follow a lawful and reasonable directive of a college official that is within the individual’s ability to perform.
      8. Retaliation against any person who reports a person’s alleged misconduct, or who cooperates in the College’s investigation of misconduct.
      9. Conviction of any felony or misdemeanor if it adversely affects College operations or the College’s reputation and/or position with the public, parents, students and/or community, educational, or governmental relations, or adversely impacts the effectiveness of the convicted individual to perform their responsibilities for the College, as determined in the College’s sole discretion.
   3. Progressive Discipline. Discipline will ordinarily follow the progressive steps described below, except that the College reserves the right to add to, repeat, skip or omit steps as appropriate. Disciplinary action will ordinarily be initiated by the employee’s immediate supervisor. When the supervisor believes discipline is necessary, s/he should consult with the Director of Human Resources or designee prior to initiating action. In the event immediate suspension or separation from employment is anticipated or required, the supervisor should also consult with the College’s General Counsel prior to initiating action.
      An employee faced with disciplinary action, beyond the initial verbal warning, may request and have the presence of a peer colleague or other suitable college employee during a disciplinary proceeding. The peer colleague will not take an active role in the proceeding.  Should discipline be required, it is the intent of the College that it be corrective, disclosed only on a need-to-know basis, and addressed in a professional manner.
      1. Verbal Warning
         Initially, the supervisor will discuss the misconduct with the employee in specific terms and notify the next level supervisor of the verbal warning. Discussion must include an opportunity for the employee to respond and to emphasize the importance of resolving the problem. The supervisor also may establish means by which to monitor the employee’s progress and provide feedback to the employee.
         Should a subsequent verbal warning be necessary, both the next level supervisor and the Director of Human Resources will be notified for documentation of the verbal warning in the employee’s personnel file. A written follow up to the staff member should include notice that any further violations will result in additional discipline such as a written warning, up to and including discharge.
      2. Written Warning
         If after a verbal warning, the employee's conduct does not improve, another form of misconduct occurs, or the severity of the offense requires a written warning without a verbal warning first, the supervisor will present the employee with a written warning.
         1. The supervisor will meet with the employee to discuss the written warning.
         2. The written warning will include a statement that any further misconduct will result in additional discipline up to and including discharge.
         3. After discussion, the supervisor will sign the disciplinary form and the employee will be requested to do the same. The employee’s signature acknowledges review and/or discussion of the discipline only and does not indicate the employee’s agreement or disagreement with it.
         4. the employee may respond to the disciplinary notice in writing within three business days to the College’s Office of Human Resources. The appropriate divisional Dean or Vice President, and the Director of Human Resources, or designee, will review the response and determine whether further action or investigation is required. This response to the employee will be in writing, and also within three business days of its submission.
         5. All documentation will become part of the personnel file.
      3. Final Warning and Suspension
         If, after the verbal and written warnings the conduct does not meet the administration's expectations, another form of misconduct occurs, or the severity of the offense warrants a suspension without a verbal and/or written warning first, the supervisor will prepare a final written discipline and/or suspension. The employee will be given notice of the alleged misconduct, a brief summary of the evidence in support of the misconduct, and an opportunity to respond, including an opportunity to present witnesses, before a final determination and the imposition of discipline. Upon notification of the Director of Human Resources and with the agreement of the President, the supervisor will inform the employee that s/he will be suspended for an appropriate period with or without pay in accordance with applicable law and regulations. In addition, the final written documentation will include notice that any further occurrence or failure to comply will lead to further discipline up to and including discharge.
      4. Termination
         If, after previous disciplinary action the employee’s conduct still does not meet the College’s expectations, or the severity of the offense requires discharge regardless of whether the employee has prior discipline, the employee may be considered for termination. The employee will be given notice of the alleged misconduct, a brief summary of the evidence in support of the misconduct, and will have an opportunity to respond, including an opportunity to present witnesses, before a final determination on discharge. Should the College discharge an employee for serious misconduct, the decision will be without appeal, subject to applicable law.
   4. Reservation of Rights
      Delta College reserves its right to add to, omit, skip, or repeat any of the above progressive disciplinary steps in its sole discretion based on the totality of the specific circumstances.  Use of progressive discipline is cumulative; therefore, steps are not “re-started” for each type of misconduct.

Board Action 4997 – March 12, 2013
Board Action 4990 – February 19, 2013