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Policy Title | Progressive Discipline Policy |
---|---|
Policy Category | Employment, Benefits, and Workplace Policies |
Policy Approval Date | October 1, 2019 |
Responsible Office | Finance and Administration |
Related Policies | Performance Improvement Plan Policy |
Policies Superseded | None |
Frequency of Review | 3 Years |
Date of Revision | October 1, 2022 |
The Progressive Discipline Policy (“Policy”) applies to staff members of the University, including both Exempt and Non-Exempt Staff Members (hereinafter collectively referred to as “employees”). This Policy does not apply to faculty members or student workers. See section IV below for the definitions of capitalized terms contained in this Policy.
The purpose of this Policy is to establish guidelines and best practices pertaining to corrective action and employee discipline for acts of Misconduct.
Employment at Arcadia University is based on the premise of employment at will. This means that employment can be terminated with or without cause, with or without notice, at any time at the option of either the University or the employee, unless the employment relationship is governed by expressed agreement. Notwithstanding, Arcadia University strives to maintain good relationships with its employees. This Policy is designed to provide a structured corrective action process to improve and prevent a recurrence of employee Misconduct.
This Policy institutes a progressive discipline process that will: • Ensure that the employee knows what the problem(s) is/are;
There may be instances where Misconduct may result in immediate adverse employment action, up to and including Termination. Factors to be considered include, but are not limited to:
Misconduct which may result in immediate adverse employment action, up to and including Termination, could include, but is not limited to, insubordination; theft of or damage to University property; conduct involving illegal drugs, alcohol, weapons, or acts or threats, including implied threats, of violence; conduct leading to the release of confidential information; the making of false statements or misrepresentations, including the falsification of documentation; violation of the University's Non-Discrimination and Non-Harassment Policy or Policy Prohibiting Sexual Harassment and Sexual Misconduct; and conviction for a crime that calls into question an individual’s fitness for their position.
Termination for Misconduct is a serious matter that requires careful evaluation and the approval of the Associate Vice President for Human Resources and Employee Experience or the Unit Vice President for non-U.S. based employees of TCGS, or their designees. For instances where immediate adverse employment action is not deemed necessary, supervisors should act consistently with the procedures that follow.
There are four steps in the Progressive Discipline Process: Verbal (Oral) Warning, Written Warning, Suspension, and Termination. However, depending on the severity or persistence of the Misconduct or repeated infractions, the Process may be shortened and the supervisor or manager, in consultation with the Associate Vice President for Human Resources and Employee Experience or the Unit Vice President for non-U.S. based employees of TCGS, or their designees, may move to a later step in the Process. All Disciplinary Actions should be taken within a reasonable amount of time from when the supervisor or manager learns of or has knowledge of the offense.
Some incidents of Misconduct, such as alleged violations of the University’s Non-Discrimination and Non-Harassment Policy or Policy Prohibiting Sexual Harassment and Sexual Misconduct, will proceed through alternative procedures set forth specifically therein, and the role of the supervisor or manager may be limited. However, discipline imposed for any such violations are intended to honor the principle of progressive discipline set forth in this Policy.
Other sanctions not specifically listed herein, but which are deemed appropriate by the Associate Vice President for Human Resources and Employee Experience or the Unit Vice President for non-U.S. based employees of TCGS, or their designees, may also be imposed, as appropriate.
A. Verbal (Oral) Warning
Verbal (Oral) Warnings are appropriate for minor instances of Misconduct. Supervisors and managers should adhere to the following guidelines in issuing Verbal (Oral) Warnings:
B. Written Warning
Written Warnings are appropriate for more significant initial incidents of Misconduct, or for recurrent incidents of Misconduct. Supervisors and managers should adhere to the following guidelines in issuing Written Warnings:
C. Suspension or Final Written Warning
Suspension is intended to indicate to the employee the seriousness of the infraction and that the employee can reasonably expect that the next step if there are further acts of Misconduct is Termination of employment. Supervisors and managers should adhere to the following guidelines in issuing Suspensions:
For reasons related to compliance with the Fair Labor Standards Act, Suspensions without pay are sometimes not available as a corrective action for Exempt Staff Members. However, if an investigation of alleged Misconduct is necessary, an Exempt or Non-Exempt Staff Member may be suspended with pay, pending the results of the investigation. If an employee is suspended without pay pending the results of an investigation, pay may be restored to the employee if an investigation of the incident or infraction absolves the employee.
There may be instances when, due to an employee’s status or the nature of the Misconduct, a Final Written Warning may be more appropriate as a step following a Written Warning, and may, upon consultation with the Associate Vice President for Human Resources and Employee Experience or the Unit Vice President for non-U.S. based employees of TCGS, or their designees, substitute for a Suspension.
D. Termination
Termination is a culmination of the Progressive Discipline Process, or the penalty for very serious offenses. Notwithstanding the employment-at-will doctrine referenced above, the University reserves the right to take disciplinary action up to and including Termination for serious infractions, incidents of Misconduct, violations of rules or safety measures, or, as noted in the Performance Improvement Plan Policy, for serious incidents of Unsatisfactory Work Performance. Supervisors and managers should take the following steps before Termination is issued:
Of relevance here, the University’s Grievance Policy specifically does not apply to terminations of employment and employee discipline, performance review, or dismissals during the introductory period of employment.
A Non-Exempt Staff Member is defined under the Fair Labor Standards Act as a Staff Member holding a position that is subject to the overtime provisions of the Act.
An Exempt Staff Member is defined under the Fair Labor Standards Act as a Staff Member holding a bona fide executive, administrative, or professional position that is not subject to the overtime provisions of the Act.
As noted above, Misconduct which may result in immediate adverse employment action, up to and including Termination, could include insubordination; theft of or damage to University property; conduct involving illegal drugs, alcohol, weapons, or acts or threats, including implied threats, of violence; conduct leading to the release of confidential information; the making of false statements or misrepresentations, including the falsification of documentation; and conviction for a crime that calls into question an individual’s fitness for their position. However, employee Misconduct is intended to be broadly conceived and may include other acts including but not limited to: unauthorized absence(s); excessive lateness or “early quit”; a Non-Exempt Employee’s failure to record time in or out or performing unauthorized extra work; unprofessional conduct; failure to comply with health or safety rules or to report accidents—including vehicle accidents—or personal injury immediately to a supervisor; failing to observe housekeeping rules or otherwise creating unsanitary conditions; sleeping or gambling during work hours; unauthorized use of Arcadia property; disruptive or disorderly conduct; theft of or damage to the property of other employees, students, or visitors; offering, soliciting, giving, or taking bribes; or violations of University Policy, including the Policy Prohibiting Sexual Harassment and Sexual Misconduct or Non-Discrimination and Non-Harassment Policy.
Unsatisfactory Work Performance can encompass a variety of work behaviors that includes, but is not limited to:
a. Inability to complete work assignments or correct errors in a reasonable amount of time;
b. Inability to or unwillingness to learn new tasks or skills or to work collaboratively;
c. Inability to exercise good judgment;
d. Inability to receive or take instruction/direction; or
e. Violation of University or departmental rules or policies or inappropriate conduct. University refers to Arcadia University, its colleges, schools, affiliates, divisions and subsidiaries.
University refers to Arcadia University, its colleges, schools, affiliates, divisions and subsidiaries.
This Policy is effective on the date that it is signed by the President
October 1, 2019
Nonsubstantive changes made on August 13, 2020.