Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-25 - Benefit Policies; Employment › Section 3364-25-111 - Corrective action (non-collective bargaining unit employees)

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy statement
It is expected that the employees of
				the university of Toledo maintain high standards of behavior, conduct, and work
				performance consistent with our mission and vision. Employees who fail to abide
				by the established standards may be subject to appropriate disciplinary action.
				When implementing discipline as corrective action, each university of Toledo
				division/college shall undertake disciplinary measures for the purpose of
				correcting an offending employee's inappropriate conduct/behavior.
(B)
								Purpose of policy
The purpose is to advise employees of
				actions or behavior subject to corrective action and procedures. Disciplinary
				actions should be imposed with the intent of giving the employee the
				opportunity to correct his/her behavior. If such correction does not occur, the
				level of discipline should become more severe. Certain offenses, by their
				nature, may warrant more severe disciplinary action up to and including
				removal, irrespective of issuance of prior discipline.
(C)
								Scope
This policy applies to employees not
				covered by a collective bargaining agreement.
(D)
								Procedure
A non-bargaining unit classified
				employee may be subject to corrective action for incompetency, inefficiency,
				dishonesty, drunkenness, immoral conduct, insubordination, discourteous
				treatment of the public, neglect of duty or any failure of good behavior, or
				any other acts of misfeasance or nonfeasance in office, use of alcohol or
				abusive drugs while on duty, or for other just cause.
Exempt unclassified employees occupying
				positions in a non-collective bargaining unit are considered at will employees.
				As such, they may be subject to progressive discipline at the discretion of the
				university, or be suspended or terminated for cause at its sole discretion.
				Unclassified employees may be reduced, suspended, or removed only by an
				appointing authority - not by the supervisor or department head.
(E)
								Process
Applicable to classified
				employees
(1)
									In cases involving the discipline of an employee, the
			 university will ordinarily follow the principle of progressive corrective
			 action through a system of oral reprimand, written reprimand, suspension(s),
			 and dismissal. However, it is recognized that a combination of various
			 corrective actions against an employee, or an act of a serious nature may
			 prompt the university to consider and bypass one or more of the corrective
			 action steps outlined  in this paragraph.
(2)
									Corrective action
			 shall be taken with discretion, so as not to cause public embarrassment to the
			 employee.
(3)
									Supervisors must discuss disciplinary cases with a
			 human resources and talent development designee before taking action.
			 Classified employees may be reduced, suspended, or removed only by the
			 appointing authority--not by the supervisor or department head.
(4)
									Employees shall
			 be afforded an opportunity for a hearing during the employee's regularly
			 scheduled working hours, or a mutually agreeable time other than the scheduled
			 working hours before the human resources hearing officer prior to being
			 dismissed or suspended without pay. Employees required to attend such hearings
			 will be paid for actual hours spent in such hearings. Employees who fail to
			 appear at their scheduled hearing for any reason shall forfeit the right to a
			 hearing provided reasonable notification of the hearing was provided. In such
			 cases, appropriate corrective action may be given to the involved employee
			 without a hearing. Prior to such hearing, the charges shall be reduced in
			 writing with a copy to the employee. Approval, prior to the hearings, from the
			 immediate supervisor, to release an employee(s) from regular duties during
			 working hours to testify must be obtained. In special cases an employee may be
			 suspended with or without pay pending a hearing by an appointing authority. In
			 assessing penalties, the offense(s) do not have to be of the same type or kind
			 as any previous offense(s).
(5)
									After twelve
			 months' corrective action records, which have resulted in suspension of three
			 days or less, shall be disregarded in subsequent corrective action or in
			 considering the employee for promotion, transfer or voluntary demotion. Upon
			 written request by the employee, these records may be removed from the
			 employee's personnel file after twelve months. All records of corrective action
			 shall be maintained only in human resources and talent
			 development.
(6)
									Corrective action records which have resulted in
			 suspensions of more than three days shall be disregarded in subsequent
			 corrective action or in considering the employee for promotion, transfer or
			 voluntary demotion after twenty-four months, provided there have been no
			 subsequent suspensions in the intervening period. Upon written request by the
			 employee, these records may be removed from the employee's personnel file after
			 twenty-four months, provided there have been no subsequent suspensions in the
			 intervening period.
(7)
									Employees will receive a written notice of a
			 suspension, a reduction, or a removal from the appointing authority.
			 Non-bargaining unit classified employees may appeal a reduction, suspension in
			 excess of three working days, or removal, to the state personnel board of
			 review. A suspension of three or fewer working days may not be appealed to the
			 state personnel board of review.