Human Resources Links
Home
Employment Opportunities
Employee Benefits
Pay Plan/Job Descriptions
HR Staff Directory
HR Bulletin
Web For Employees
Campus Pipeline
Holiday Schedule
Procedures
Discipline and Dismissal
Employee Grievance
Exit Procedures
Personnel Requisition
Sign In (for new employees)
Terminiation Notice -
     Direct Wage Employees
Terminiation Notice -
     Salaried Employees
Worker's Compensation
Memorandum of Employment
Direct Wage Employees
Regular Staff/Faculty
Revised - Direct Wage
    Employees
Revised - Salaried
    Staff/Faculty
University Links
UTPA Home
Business Affairs
Campus Map
Departments
Staff Directory





Discipline and Dismissal
PURPOSE:
To provide a fair mechanism for administering severe disciplinary action.

OVERVIEW:
Unlike the Grievance Process, the Discipline and Dismissal Process is usually initiated by a supervisor or manager.  If the manager decides to administer light punishment (reprimand, verbal warning, suspension with pay, etc.) then the employee may register disagreement through the Grievance Process.

If the discipline is severe (dismissal, demotion, or leave without pay), then the employee can appeal by following the Appeals Procedure in this process.

For a list of conducts which may warrant disciplinary action, see the UTPA Handbook of Operating Procedures (HOP).

The following Process will show you how to properly administer severe disciplinary action, protecting both the employee's and the University's rights.

NOTE:
This process applies to all regular, salaried employees only.

For a more detailed explanation, see the UTPA Handbook of Operating Procedures.
Procedure 1:
Investigation

Procedure 2:
Pre-Disciplinary Hearing

Procedure 3:
Appeals

Flowchart

  PROCEDURE 1:  Investigation ^ Top ^
Purpose To decide the type of discipline to be administered.
Before You Start Please read this guide carefully before administering disciplinary action. If further questions arise contact the Office of Human Resources .
When to Start After identifying a problem employee.
Step Action
Step 1 Problem employee encountered.
Step 2 Examine evidence of unsatisfactory conduct and/or performance and consider options.
Step 3 Decide if further action is required.
If so, then go to next IF/THEN statement.
If not, go to END.
IF THEN
Severe discipline is required Go to Procedure 2: Pre-Disciplinary Hearing.
Severe discipline is required Administer discipline.
Employee may appeal via Grievance Process.
End

  PROCEDURE 2:  Pre-Disciplinary Hearing ^ Top ^
Purpose To fairly administer severe disciplinary action.
Before You Start Complete:
Procedure 1: Investigation
When to Start After weighing evidence of employee misconduct, carefully considering options and deciding upon severe disciplinary action.
Step Action
Step 1 Supervisor confronts employee and
- informs employee of intent to discipline and reasons why
- makes available any evidence on which he/she is relying, including the names of any accusers.
Step 2 Employee will respond to the charges, either orally or in writing, within a reasonable time frame, agreed upon with the supervisor or manager.
IF THEN
Further action is warranted Go to next IF/THEN step.
Further action is not warranted Go to END.
IF THEN
Supervisor reconsiders penalty Administer non-severe discipline. Employee may appeal via Grievance Process.
Go to END.
Supervisor does not reconsider penalty Administer severe disciplinary action (dismissal, demotion, leave without pay).
Employee may appeal through the more formal Appeal procedure contained in this process.
End

  PROCEDURE 3:  Appeals ^ Top ^
Purpose To appeal disciplinary action against an employee.
Before You Start Complete:
Procedure 1: Investigation
Procedure 2: Pre-Disciplinary Hearing
When to Start After having disciplinary action handed down against employee.
Step Action
Step 1 Employee is notified of disciplinary action against him/her.
IF THEN
Employee does not accept decision Go to Step 2.
Employee accepts decision Go to END.
Step 2

Employee presents written appeal to Dean / Director.
Appeal must contain a clear and concise statement of why disciplinary action was inappropriate and must be submitted within 5 working days from the date of the action.
IF THEN
Submission meets qualifications Go to Step 3.
Submission does not meet qualifications Go to END.
Step 3 Dean or Director will respond in writing to the employee within 10 days.
IF THEN
Response does come within 10 days Go to next IF/THEN step.
Response does not come within 10 days Go to Step 4.
IF THEN
Employee does not accept decision Go to Step 4.
Employee accepts decision Go to END.
Step 4 Employee submits request for appeal to appropriate Vice President (VP).
Step 5 VP schedules and hears appeal.
NOTE: The Vice President may also choose a delegate, called a Hearing Officer, to sit in his place and present the VP with a summary of the facts and the transcripts of the appeal for review. (See HOP for further details of procedural issues.)
Step 6 Employee is notified of the decision, usually within 10 working days.
IF THEN
Employee does not accept decision Go to Step 7.
Employee accepts decision Go to END.
Step 7 Employee submits written appeal to President.
Appeal must be submitted within 5 days and contain reason(s) why earlier decision was incorrect.
Step 8 President reviews materials without a hearing and issues a decision.
No new issues or evidence will be considered.
Step 9 Employee is notified of decision, usually within 30 working days of review date.
End

[ Copyright 2005 UTPA ]