Disciplinary
Action Procedures
Chapter 4020
Revised March 16,
2008
Table of
Contents
Kansas State University is committed to providing a positive,
supportive, and harmonious work environment where classified civil service
employees can perform to their best ability. Kansas State recognizes also
that there are times when disciplinary action is necessary. First, it is
important that performance and discipline problems be settled at the
earliest stage possible through timely and appropriate verbal and written
counseling by the employee's immediate supervisor. If, however, these
departmental level actions do not correct the situation, the guidelines in
this policy address formal disciplinary measures for classified employees
who violate policies, fail to perform work satisfactorily or behave in a manner
detrimental to the university.
Kansas Statutes Annotated (K.S.A.) 75-2949, Dismissals, Demotions and
Suspensions
The Kansas Administrative Regulations, Articles 2 and
9
KSU Policy and Procedures Manual, Chapter 4025,
Attendance Guidelines for Classified Staff
KSU Policy
and Procedures Manual, Chapter 4030, Classified Employee Peer Review Committee
Hearing Process
KSU Policy
and Procedures Manual, Chapter 4080, Employee Performance Review
System
Employee
Conference Form
- PERSONAL
CONDUCT. Grounds for
suspension with pay (decision-making
leave), demotion, or dismissal of a permanent classified employee for
personal
conduct detrimental to state service include, but are not limited to, the
following:
- gross conduct or conduct grossly unbecoming a state employee
- conviction of a criminal act
- immoral conduct
- willful abuse or misappropriation of state funds, materials, property,
or equipment
- making a false statement of material fact in the employee's
application for employment or position description
- participation in any action that would in any way seriously disrupt or
disturb the normal operation of the agency, institution, department, or
any other segment of state government
- trespassing on the property of any state official or employee for
the purpose of harassing or forcing dialogue or discussion from the
occupants or owners of such property
- willful damage to or destruction of state property
- willful endangerment of the lives or property of others, or both
- possession of unauthorized firearms or other lethal weapons while on
the job
- performing duties in a brutal manner, or mistreating, neglecting, or
abusing a patient, resident, or other person in the employee's care
- refusal to accept a reasonable and proper assignment from an
authorized supervisor (insubordination)
- being under the influence of alcohol or drugs while on the job
- knowingly releasing confidential information from official
records
- use of the employee's state position, use of the employee's time on
the state job, or use of state property or facilities by the employee in
connection with a political campaign
- exhibiting other personal conduct detrimental to state service which
could cause undue disruption of work or endanger the safety or property
of
others, as may be determined by the Assistant Vice President of the
Division of Human Resources
- gross carelessness or gross negligence
- grossly improper use of state property
- sexual harassment arising out of or in connection with employment
- WORK PERFORMANCE. Grounds for
suspension with pay (decision-making
leave),
dismissal
or demotion, of a permanent employee for deficiencies in work performance
include, but are not limited to, the following:
- inefficiency or incompetence in the performance of duties or
inability to perform the duties
- negligence in the performance of duties
- careless, negligent, or improper use of state property
- failure to maintain satisfactory and harmonious relationships with the
public and fellow employees
- habitual or flagrantly improper use of leave privileges
- a habitual pattern of failure to report for duty at the assigned
time and place or to remain on duty
- failure to obtain or maintain a current license or certificate or
other authorization required to practice a trade, conduct a business, or
practice a profession.
When
addressing deficiencies in work performance, please refer to Chapter 4080,
"Employee Performance Review System," for full discussion of evaluation
methods.
Prior disciplinary actions of a year
or more past will not ordinarily be included in current requests for
disciplinary procedures.
Nothing in these procedures prevents a
department from requesting a suspension with pay (decision-making leave),
demotion, or dismissal of an
employee for actions warranting such a measure.
- DISCIPLINARY ACTION
- Oral Reminder (Department level)
- In preparation, the immediate
supervisor should gather information, observe the situation first-hand when
possible, and plan a meeting designed to help the employee recognize the
problem.
- During that private conference,
the supervisor should avoid the role of adversary, trying instead to guide the
employee as follows:
- State the problem clearly.
- Identify the changes that are expected.
- Ask for and listen to the employee's point of view.
- Encourage the employee to offer solutions.
- Reach agreement on actions that will be taken and a timetable for
that action.
- Immediately after the meeting, the
supervisor should document the discussion and the resulting agreement
using the Employee Conference Form or in a memo
to the employee, a copy of which may be retained in the supervisor’s working
file rather than a personnel file. The employee should be informed that such a
notation is being made.
- Written Reminder (Department level)
- If the problem continues, the
supervisor should send the employee a copy of the above memo or form with
a cover note
stating that the problem has not been resolved and that a second conference is
necessary.
- During the second counseling
session, the supervisor should continue to pursue a problem-solving approach,
rather than a punitive one. The objective is to prevent recurring problems, not
to punish for prior wrongdoing. A problem-solving approach, however, does not
prevent a supervisor from expressing concern over an employee's continued
unacceptable behavior. Each of the points to be included in the written
notification, as outlined below in 2(c), should be covered orally during the
meeting.
- Following that meeting, the
supervisor should provide the employee written notification that includes the
following:
- A statement that this is a written reminder
- A clear, objective statement of the problem
- The desired changes not made to date
- An additional opportunity to correct the problem and the time
period
- An offer of assistance as their supervisor
- Disciplinary consequences if the problem is not corrected.
- The employee's signature is requested to acknowledge receipt, not
necessarily agreement; one copy of the
notification is given to the employee and one copy is placed in the
department’s personnel file.
- Suspension with Pay (Decision-Making Leave)
The purpose of a decision-making leave day is to provide an
employee with some critical thinking time. During this paid leave, an
employee must decide whether he or she wishes to continue employment with K-State
and, if so, what positive steps the employee will take to correct past
deficiencies.
A department requesting a decision-making leave day for an employee
shall
contact the Assistant Vice President of the Division of Human Resources in
writing, outlining a) previous counseling sessions,
b) verbal and written reminders, and c) the problems that continue. If
approved, the Assistant Vice President of the Division of Human Resources
will notify the employee in writing of the date for
the decision-making leave as well as when, where, and to whom the employee
should report upon return from leave.
The employee may appeal the decision to the
Assistant Vice President of the Division of Human Resources and/or the
K-State
Classified Employee Peer Review Committee (PRC);
not, however, to the State Civil Service Board. An employee seeking a
meeting to discuss the disciplinary action may be accompanied by an
advocate.
Immediately upon return from a decision-making leave day, the employee
must meet with the Assistant Vice President of Human Resources (or his
designee) to discuss the employee's decision. If the employee elects to
remain at K-State, he or she will be advised as follows:
Immediately correct the problem situation;
Maintain fully acceptable performance and conduct in every area of
your job, whether immediately related to the current problem or not. Any
further problems that require disciplinary action may result
in your dismissal.
- Demotion or Dismissal
Departments requesting demotion or
dismissal of an employee must request the action in writing to the Assistant
Vice President of the Division of Human Resources. The letter should include
why the action is being requested, what prior steps were taken to correct the
situation, and any other pertinent documentation and information. The
Assistant Vice President of the Division
of Human Resources will review the request and notify the department of the
decision.
Employees have full rights of appeal
for demotion and dismissal actions.
An employee may appeal a suspension with pay (decision-making
leave) to the Assistant Vice President of the Division of Human Resources
and/or
the Classified Employee Peer Review Committee. An employee who is demoted
or dismissed has the additional right to request
a hearing before the State Civil Service Board to determine the reasonableness
of such action.
Questions regarding disciplinary
policies and procedures and strategies for dealing with conduct or behavior
detrimental to state service or the University should be directed to the
Employee Relations staff at (785) 532-6818.
