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Disciplinary Action Procedures

Chapter 4020

Revised March 16, 2008


Table of Contents

.010 Policy

.020 References and Resources

.030 Grounds for Disciplinary Actions

.040 Disciplinary Procedures

.050 Appealing Disciplinary Actions

.060 Questions


.010 Policy

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.

.020 References and Resources

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

.030 Grounds for Disciplinary Actions

  1. 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:
    1. gross misconduct or conduct grossly unbecoming a state employee
    2. conviction of a criminal act
    3. immoral conduct
    4. willful abuse or misappropriation of state funds, materials, property, or equipment
    5. making a false statement of material fact in the employee's application for employment or position description
    6. 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
    7. 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
    8. willful damage to or destruction of state property
    9. willful endangerment of the lives or property of others, or both
    10. possession of unauthorized firearms or other lethal weapons while on the job
    11. performing duties in a brutal manner, or mistreating, neglecting, or abusing a patient, resident, or other person in the employee's care
    12. refusal to accept a reasonable and proper assignment from an authorized supervisor (insubordination)
    13. being under the influence of alcohol or drugs while on the job
    14. knowingly releasing confidential information from official records
    15. 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
    16. 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 Associate Vice President of the Division of Human Resources
    17. gross carelessness or gross negligence
    18. grossly improper use of state property
    19. sexual harassment arising out of or in connection with employment
  2. 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:
    1. inefficiency or incompetence in the performance of duties or inability to perform the duties
    2. negligence in the performance of duties
    3. careless, negligent, or improper use of state property
    4. failure to maintain satisfactory and harmonious relationships with the public and fellow employees
    5. habitual or flagrantly improper use of leave privileges
    6. a habitual pattern of failure to report for duty at the assigned time and place or to remain on duty
    7. 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.

.040 Disciplinary Procedures

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.

  1. DISCIPLINARY ACTION
    1. Oral Reminder (Department level)
      1. 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.
      2. 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.
      3. 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 supervisorís working file rather than a personnel file. The employee should be informed that such a notation is being made.
    2. Written Reminder (Department level)
      1. 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.
      2. 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.
      3. 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.
      4. 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 departmentís personnel file.
    3. 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 Associate 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 Associate 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 Associate 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 Associate 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.
    4. Demotion or Dismissal
      • Departments requesting demotion or dismissal of an employee must request the action in writing to the Associate 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 Associate 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.

    .050 Appealing Disciplinary Actions

    An employee may appeal a suspension with pay (decision-making leave) to the Associate 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.

    .060 Questions

    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) 532-6277.

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    August 8, 2011