SAM HOUSTON STATE UNIVERSITY

HUMAN RESOURCES POLICY ER-2

DISCIPLINE & DISCHARGE OF STAFF EMPLOYEES

REVISED 4/1998

SUBJECT: Discipline and Discharge of Staff Employees

PURPOSE: To set forth the policy for the discipline and discharge of staff employees.

POLICY: Sam Houston State University is an “at will” employer. Staff employees serve without fixed term and at the pleasure of the President or his delegates and regardless of their length of service do not have vested rights for continued employment.

CONTENTS:

1. Terms of Employment

2. Responsibility

3. Disciplinary Actions

4. Documentation

5. Regents’ Rules

1. Terms of Employment

Non-faculty staff employees and administrative officers serve without fixed term and at the pleasure of the President. The President has authority to terminate at any time the employment of any staff member. The Board of Regents, upon its own initiative, may review the termination of a staff employee.

2. Responsibility

Supervisors who have been delegated hiring and dismissal responsibility have authority to dismiss a subordinate with prior approval of the Director of Human Resources. The supervisor is responsible for coordinating disciplinary and discharge actions with his/her Divisional Vice President.

3. Disciplinary Actions

Following are examples of recommended but not required, progressive disciplinary actions:

a. Oral Warning -- This is the least severe disciplinary action. The employee should clearly understand the gravity of the action and that the warning is disciplinary in nature. When presenting a corrective talk the supervisor should point out the error/problem(s), explain how to correct it, and come to an understanding with the employee about what is expected in the future. The Staff Performance Evaluation (SPE) Form will be completed and kept in the supervisor’s file.

b. Written Warning -- When an oral warning fails to achieve the desired improvement in performance or behavior or when in the supervisor’s sole judgment the nature of the offense makes its use appropriate, the supervisor may issue a written warning. A Staff Performance Evaluation (SPE) Form is used to issue a written warning. The Human Resources Department should be contacted for assistance in preparing a written warning and a representative of the Human Resources Department may be present if desired by the supervisor when the warning is presented to the employee. The written warning should be a forewarning of potential actions; be clear, focused and complete; be based upon facts that have been fully investigated; be consistent and applied equally to all; and it must not violate an employee’s civil rights. The completed Staff Performance Evaluation (SPE) Form will be kept in the supervisor’s file for future reference.

c. Demotion -- When in the sole judgment of the supervisor demotion is the best corrective method to remedy poor performance or behavior, this may be implemented with the approval of the Director of Human Resources. When an employee is demoted to a position of decreased responsibility or complexity of duties requiring a change of title to one having a lower salary range, the employee’s salary will be adjusted to an appropriate level within the new salary range as agreed upon by the Department Head concerned and the Director of Human Resources. A Payroll Action Form (PAF) and a Staff Performance Evaluation (SPE) Form must be prepared in consultation with the Director of Human Resources. The employee will be advised of the action in a meeting with the supervisor which may include a representative of the Human Resources Department. The Payroll Action Form (PAF) will be forwarded to the Human Resources Department. The Staff Performance Evaluation (SPE) Form will be kept in the supervisor’s file for future reference.

d. Reduction In Pay -- When in the sole judgment of the supervisor reduction in pay is the best corrective method to improve an employee’s performance or behavior, such action may be implemented with the approval of the Director of Human Resources. Reduction in pay for disciplinary reasons provides reduction in salary to an amount within the designated salary grade no lower than the minimum entry rate. A Payroll Action Form (PAF) and Staff Performance Evaluation (SPE) Form must be prepared in consultation with the Director of Human Resources. The employee will be advised of the action in a meeting with the supervisor which may include a representative of the Human Resources Department. The Payroll Action Form (PAF) will be forwarded to the Human Resources Department. The Staff Performance Evaluation (SPE) Form will be kept in the supervisor’s file for future reference.

Following reduction in pay, at the supervisor’s requests, the employee’s pay may be restored to any amount in the designated salary grade up to and including the prior rate as such employee’s performance improves and warrants the action. Restoration of pay may be approved by the Director of Human Resources. A Payroll Action Form (PAF) and Staff Performance Evaluation (SPE) Form is required to reinstate pay.

e. Suspension Without Pay -- When any one or a combination of the above possible actions have failed to achieve the supervisor’s desired results or when in the judgment of the supervisor the nature of the offense makes its use appropriate, the supervisor may suspend an employee without pay. This action must have the approval of the Director of Human Resources. A Payroll Action Form (PAF) and Staff Performance Evaluation (SPE) Form must be prepared in consultation with the Director of Human Resources. The employee will be informed of the suspension in a meeting with the supervisor which should include a representative of the Human Resources Department. The suspension period must be in accordance with the Fair Labor Standards Act (FLSA). FLSA overtime exempt employees must be suspended in weekly increments except for infractions of significant safety rules as defined by the Department of Labor. The Payroll Action Form (PAF) will be forwarded to the Human Resources Department. The Staff Performance Evaluation (SPE) Form will be kept in the supervisor’s file for future reference.

f. Discharge -- This action may be the result of one serious act of misconduct or insubordination, or as the result of an accumulation of minor offenses, or failure to satisfactorily perform job duties. All discharges must have the prior approval of the Director of Human Resources. When an employee is suspected of committing a serious act of misconduct, which in the judgment of the supervisor requires immediate action, and it is not possible to obtain the prior approval of the Director of Human Resources, the supervisor may suspend or discharge the employee pending the approval of the Director of Human Resources. The employee will be informed of the discharge in a meeting with the supervisor and a representative of the Human Resources Department. A Payroll Action Form (PAF) and Staff Performance Evaluation (SPE) Form must be completed to document the discharge. The Payroll Action Form (PAF) and the Staff Performance Evaluation (SPE) Form will be forwarded to the Human Resources Department.

All employees involuntarily separated should go through the normal separation/clearance process so insurance, payroll, and retirement matters can be properly handled. Refer to Human Resources Policy E-3, “Separation of Employment”.

4. Documentation

All staff employee disciplinary actions must be documented using the Staff Performance Evaluation (SPE) Form to document the reason for the disciplinary action.

5. Regents’ Rules

The provisions of this policy are subject to the Board of Regents’ Rules. Those portions of Chapter V of the Regents’ Rules specifically related to employment and termination are incorporated by reference into this policy. In case of any conflict between this policy and any provisions of the Rules, the Rules shall prevail.

Approved:

Bobby K. Marks, President

Sam Houston State University