Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-20 - Civil Service Appointments › Section 3339-20-10 - Discipline

Current through all regulations passed and filed through July 1, 2024
(A)
								Grounds for discipline
Employees may be disciplined for just
				and proper cause to include incompetency, inefficiency, unsatisfactory
				performance, dishonesty, drunkenness, immoral conduct, insubordination,
				discourteous treatment of the public, neglect of duty, violation of any policy
				or work rule of the employee's appointing authority, any other failure of good
				behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office,
				or conviction of a felony.
Any employee in the classified service
				who is absent from duty habitually or for three or more successive duty days,
				without leave and without approval by the employee's supervisor or the
				department of human resources for such absence may be subject to removal for
				neglect of duty.
This rule does not require the
				university to initiate disciplinary action if it is determined to be
				unwarranted nor does it preclude discipline or termination for a shorter period
				of absence if the absence is of sufficient seriousness.
Possible disciplinary actions are as
				follows, but not limited to: spoken reprimand, written reprimand, suspension
				with pay, suspension without pay, reduction of pay, demotion to next lower
				classification, or dismissal. The appropriate action in each individual case
				will be selected based upon the relevant facts, history, and/or circumstances.
				Similarly, whether progressive discipline is appropriate, as opposed to
				immediate imposition of a greater penalty, will depend upon the relevant facts,
				history, and/or circumstances.
The denial of a one-time pay
				supplement, annual increase, or a bonus is not a reduction in pay for purposes
				of this rule. A voluntary written agreement by an employee to accept a demotion
				or reduction shall be considered a satisfactory basis for such action in the
				absence of evidence to the contrary and is not subject to the rules herein. The
				salary of an employee following demotion shall be set in accordance with the
				pay plan. This section does not apply to any modifications or reductions in pay
				or work week authorized in other Miami university rules.
Conviction of a felony is a separate
				basis for discipline in accordance with the section
				124.34of the Ohio Revised
				Code.
(B)
								Pre-disciplinary process
Before a non-probationary employee is
				reduced in pay or position, fined, suspended, or removed, or have the
				employee's longevity reduced or eliminated, s/he shall be entitled to a hearing
				before an administrative hearing officer appointed by the university's
				associate vice president of human resources. The employee will be advised of
				his/her right to such hearing at the time s/he is presented with the notice of
				proposed discipline setting forth the charges and the proposed disciple. Such
				charges may be for a series of events or for a single event. The notice of
				proposed discipline must include information regarding the basis for discipline
				in sufficient detail to disclose the reasons and basis for the proposed
				discipline and a statement that the employee is presumed not responsible until
				a final determination has been made at the conclusion of the disciplinary
				process. The notice of proposed discipline must also include:
(1)
									A statement that
			 the employee may be accompanied by an advisor of their choice throughout the
			 hearing process;
(2)
									A statement that the complainant (if a party as set
			 forth below) and employee may request to inspect and review evidence prior to
			 the hearing;
(3)
									A statement that knowingly making false statements or
			 knowingly submitting false information during the hearing is prohibited and may
			 serve as grounds for disciplinary action.
(4)
									The proposed
			 discipline;
(5)
									The date, time, and location of the hearing. Any party
			 may seek a temporary delay of the hearing for good cause. Good cause includes,
			 the unavailability of a party, a party's advisor or a witness; concurrent law
			 enforcement activity; or the need for language assistance or disability
			 accommodation.
The parties to the disciplinary
				proceeding are the employee and the university's representative. In matters
				involving sexual harassment, sexual misconduct, domestic violence, dating
				violence or stalking, the complainant (alleged victim) is also a party to the
				proceeding and shall have all the rights of a party, including without
				limitation the right to cross examine witnesses through an advisor and a right
				to appeal the determination by the hearing officer.
The pre-disciplinary administrative
				hearing will be scheduled no sooner than ten business days from the receipt of
				the notice of proposed discipline and the hearing officer will render his/her
				decision within ten business days of the hearing. The decision of the hearing
				officer shall be final unless an appeal is filed by one of the parties within
				five business days of the party's receipt of the decision as set forth in the
				appeal process in paragraph (D) of this rule.
An employee may waive his/her right to
				a predisciplinary administrative hearing by signing a written waiver any time
				prior to the scheduled hearing. Once such waiver is filed, the waiver is
				irrevocable and disciplinary action may be taken by the
				university.
Whether or not a predisciplinary
				hearing is conducted, any employee who is reduced in pay or position, fined,
				suspended, or removed, or have his/her longevity reduced or eliminated, shall
				be notified, in writing, of such action. Such written notice shall be delivered
				to the employee by hand or mailed to the employee's last known home address by
				certified United States mail prior to discipline being imposed and shall state
				the reasons for the action. The written notification must include information
				regarding the employee's appeal rights where applicable.
An interim suspension may be imposed by
				the associate vice president of human resources before the disciplinary
				procedures described in this rule are initiated or resolved. During an interim
				suspension, the employee is relieved of all employment responsibilities; the
				employee may be prohibited from all or any portion of university premises,
				university-related activities, or be permitted to remain only under specific
				conditions prior to the conclusion of the disciplinary process. An interim
				suspension will be with compensation until the disciplinary procedures are
				completed.