Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 13 - CORRECTIVE AND DISCIPLINARY ACTIONS › Section 93-13-003 - Corrective Action

Current through June 17, 2024
003.01
Oral Counseling
. This is an informal level of
				corrective action. It is a warning given by an immediate supervisor in
				conference with an employee in which the matter that caused the corrective
				action to be taken is discussed and the employee is advised what action is
				expected of him/her to correct the problem. A written record of the oral
				counseling may be prepared if a copy is provided to the employee; however, no
				record of it will be placed in the employee's personnel file.
003.02 Written Warning. When, in the opinion
				of the supervisor, oral counseling is not an adequate measure to correct the
				deficiency, a written warning, which will be considered a corrective action,
				may be imposed. The written warning must be fully documented and must include
				an oral conference between the supervisor and the employee at the time the
				written warning is presented or as otherwise agreed to by both parties. The
				written narrative will be consistent with the oral conference. The written
				warning will be dated, explain the reason for the warning, and explain the
				action expected of the employee to correct the cause or problem. Both the
				supervisor and the employee will sign the written warning, and the employee
				will be given a copy of the completed and signed warning. The employee's
				signature thereon does not imply agreement with the contents of the written
				warning, but documents only that he/she has seen it and the oral conference
				described above has been held. The written warning will be considered effective
				on the date that it is issued to and received by the employee.
003.02A Written warnings will be issued on
				official forms the Department may designate for this purpose.
003.02B The employee has the opportunity to
				attach written rebuttal, clarification, or objection to the written warning
				within five (5) workdays of receipt by the employee.
003.02C The written warning will become
				inactive ninety (90) calendar days after having been issued to the employee
				unless the originating supervisor will renew it by additional written
				commentary on the original form explaining the renewal.
003.02C1 When the written warning is renewed,
				the employee will again have the opportunity to offer written commentary in
				response to the renewal and will be provided with a copy of the annotated
				(renewed) form.
003.02C2 A written
				warning may be renewed no more than one (1) time.
003.02C3 All record of the written warning
				will be removed from the employee's personnel file ninety (90) calendar days
				after it will become inactive. It may only be retained by the Department in a
				separate file for warnings and may be referenced by the Department or employee
				in the event of litigation, personnel action, (including subsequent
				disciplinary or corrective action), audit, or other administrative proceeding
				or complaint, if relevant.