Discipline for Non-Covered Employees Policy

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

Departmental Responsibility: Office of Human Resources
Topic: Discipline for Non-Covered Employees
Policy: Discipline for Non-Covered Employees
Effective: April 29, 2015
Last Revised Date: April 30, 2015

Discipline Policy

SECTION A: Overview

While employed at Clemson University, all employees are expected to comply with appropriate University policies and procedures as well as State and Federal laws, rules, and regulations. Employees who are found to be in violation of such policies, procedures, laws, rules or regulations may be given an opportunity to improve, if justified by the circumstances. Disciplinary actions, in general, are considered constructive measures for the correction of the conduct of employees. For this reason, disciplinary actions will be guided by the degree of severity necessary to obtain the desired improvement. However, if improvements in conduct are not observed, further discipline may be justified, including termination. Similarly, if the circumstances are egregious, stronger discipline, including termination, may be required for a first offense. This policy applies to all "non-covered" employees such as probationary, temporary, time-limited, temporary grant, research grant and other employees exempt from the State Employee Grievance Procedure Act. Additionally, this policy may also be used as a guide for faculty disciplinary issues, in accordance with the Faculty Manual.

SECTION B: Forms of Discipline

Disciplinary actions include, but are not limited to:

• Oral reprimand
• Written reprimand
• Suspension
• Termination

Other forms of disciplinary actions: reassignment, demotion, reclassification, and unclassified State title change.

SECTION C: Determining Level of Discipline

Upon notice of misconduct or other violation of policies, procedures, laws, rules, or regulations, the supervisor – or appropriate University official – should consider the severity of the offense, mitigating circumstances, prior infractions, and any other information that the supervisor believes to be relevant to determine the appropriate level of discipline. In most cases, the supervisor should also seek an explanation for the misconduct from the employee prior to finalizing any disciplinary action. Also, the supervisor is always encouraged to consult with an Employee Relations Manager in the Clemson University Office of Human Resources to determine the appropriate level of discipline, especially where the misconduct is more severe or the circumstances are complex.

If the supervisor believes that suspension or termination is appropriate, he/she will recommend this disciplinary action to an Employee Relations Manager in the Clemson University Office of Human Resources accompanied by documented support from relevant managers in the chain of command. Employee Relations will confirm that this disciplinary action is appropriate and will work with the supervisor(s) to finalize the disciplinary action. Disciplinary actions should be documented in writing, signed by the employee and supervisor(s), and placed in the employee’s personnel file in Clemson University’s Office of Human Resources. The employee may attach additional comments to any disciplinary action, if desired, within 30 days of receipt of the disciplinary action.

When the misconduct constitutes a termination, criminal violation, or otherwise requires investigation, the employee may be suspended without pay pending the results of the investigation.

SECTION D: Disciplinary Guidelines

Guidelines for disciplinary action are shown below. The indicated range of disciplinary actions in response to specific offenses is to be used as a guide and is not intended to be all inclusive. At the occurrence of any of the listed offenses, or any that are not listed, the appropriate discipline shall be determined after the particular circumstances of the case have been carefully considered. The severity of the discipline should always be related to the seriousness of the offense. Individual offenses calling for oral or written reprimands could cumulatively result in suspension or termination.

Employees who voluntarily fail to report to work for three consecutive workdays and fail to contact the agency during this time period will be considered to have voluntarily resigned. All performance related problems should be addressed by the guidelines established in the Employee Performance Management System (EPMS) Policy.