3.53 Progressive Discipline and Standards of Conduct Policy

Policy Statement:

Piedmont University expects all employees to be aware of and to follow workplace policies and rules for the well-being of our students, employees, and business operations. There are many institutional, divisional, and departmental policies and rules at Piedmont University. Employees are expected to comply with these internal requirements as well as requirements from federal, state, and local laws, and funding and accreditation agencies.

Purpose:

Piedmont University’s progressive discipline policy and procedures and standards of conduct are designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable employee behavior and performance issues.

Outlined below are the steps of Piedmont University’s progressive discipline policy and procedures as well as a guide to our standards of conduct. Piedmont University reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling, or training; the employee’s work record; and the impact the conduct and performance issues have on the organization.

Nothing in this policy provides any contractual rights regarding employee discipline or counseling, nor should anything in this policy be read or construed as modifying or altering the employment-at-will relationship between Piedmont University and its employees.

Procedure

Step 1: Optional – Informal counseling

Discussion by the supervisor with the employee of behavior which could result in progressive discipline. The discussion should be documented in the supervisor’s personal files but need not be filed in Human Resources.

Step 2: Verbal warning

Step 2 creates an opportunity for the immediate supervisor to bring attention to the existing performance, conduct, or attendance issue. The supervisor should discuss with the employee the nature of the problem or the violation of company policies and procedures. The supervisor is expected to clearly describe expectations and steps the employee must take to improve his or her performance or resolve the problem.

Within five business days, the supervisor will prepare written documentation of the verbal counseling. The employee will be asked to sign this document to demonstrate their understanding of the issues and the corrective action. The signed verbal warning document will be forwarded to Human Resources for inclusion in the employee’s personnel file.

Step 3: Written warning

The Step 3 written warning involves more-formal documentation of the performance, conduct or attendance issues and consequences.

During Step 3, the immediate supervisor and Dean, or Assistant/Associate Vice President, or Vice President will meet with the employee to review any additional incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of his or her continued failure to meet performance or conduct expectations.

A formal performance improvement plan (PIP) requiring the employee’s immediate and sustained corrective action will be issued within five business days of a Step 3 meeting. The PIP/written warning may also include a statement indicating that the employee may be subject to additional discipline, up to and including termination, if immediate and sustained corrective action is not taken. The employee will be asked to sign this document to demonstrate their understanding of the issues and the corrective action. The signed PIP/written warning will be forwarded to Human Resources for inclusion in the employee’s personnel file.

Step 4: Suspension and final written warning

Some performance, conduct or safety incidents are so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the safety of the employee or others, the immediate supervisor may suspend the employee pending the results of an investigation.

Suspensions that are recommended as part of the normal sequence of the progressive discipline policy and procedures are subject to approval from a next-level manager and Human Resources.

Depending on the seriousness of the infraction, the employee may be suspended without pay in full day increments consistent with federal, state, and local wage and hour employment laws. Nonexempt/hourly employees may not substitute or use an accrued paid vacation or sick day in lieu of the unpaid suspension. In compliance with the Fair Labor Standards Act (FLSA), unpaid suspension of salaried/exempt employees is reserved for serious workplace safety or conduct issues. HR will provide guidance to ensure that the discipline is administered without jeopardizing the FLSA exemption status.

Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee of wrongdoing.

Step 5: Recommendation for termination of employment

The last and most serious step in the progressive discipline process is a recommendation to terminate employment. Generally, Piedmont University will try to exercise the progressive nature of this policy by first providing warnings, issuing a final written warning, or suspending the employee from the workplace before proceeding to a recommendation to terminate employment. However, Piedmont University reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.

Management’s recommendation to terminate employment must be approved by human resources (HR) and the appropriate Vice President or designate. Final approval may be required from the President or designate.

Appeals Process

Employees will have the opportunity to present information to dispute information management has used to issue disciplinary action. The purpose of this process is to provide insight into extenuating circumstances that may have contributed to the employee’s performance or conduct issues while allowing for an equitable solution.

If the employee does not present this information during any of the step meetings, they will have five business days after each of those meetings to present such information to their immediate supervisor and/or Human Resources.

Performance and Conduct Issues Not Subject to Progressive Discipline

Behavior that is illegal is not subject to progressive discipline and may result in immediate termination. Such behavior may be reported to local law enforcement authorities.

Behavior that may fall under Piedmont University’s Non-Discrimination Anti-Harassment Policy or the Title IX Policy.

Similarly, theft, substance abuse, intoxication, fighting and other acts of violence at work are also not subject to progressive discipline and may be grounds for immediate termination.

Documentation

The employee will be provided copies of all progressive discipline documentation, including all PIPs. The employee will be asked to sign copies of this documentation attesting to his or her receipt and understanding of the corrective action outlined in these documents.

Copies of these documents will be placed in the employee’s official personnel file located in Human Resources.

Standards of Conduct

Piedmont University strives to create a community in which all faculty, staff, and students cultivate a learning environment that is respectful and inclusive. These standards are published for all faculty and staff information and protection. Ignorance of these standards is not an acceptable excuse for violation. The standards chart below is not meant to be exhaustive and does not include specific examples for all Attendance and Behavioral/Performance issues.

When an employee engages in conduct in violation of the law, Piedmont University policy or department policy, including but not limited to the standards in the chart below and the conduct is committed off-duty and not on University property, the University may discipline the employee, up to and including discharge, whenever the conduct causes unfavorable publicity or is harmful to the reputation of the University, impairs the credibility of the employee to perform the employee’s job or is otherwise connected to the employment at the University. Conduct that is off-duty but on University property or that is directed toward University students, employees, representative or property is always connected to employment at the University. Likewise, conduct that is on duty but off University property is always connected to employment at the University.

Attendance, behavioral and performance issues are addressed in separate tracks. For example, a staff member who has been issued a written warning for a performance/behavioral issue would receive another, separate warning for an attendance problem that warrants corrective action. If attendance is corrected but the performance/behavior continues at below expectations, a final written warning for performance may be warranted. See the chart below to confirm the appropriate corrective action track.

Recommended Corrective Action: Attendance and Behavioral/Performance

The following guidelines are provided to assist supervisors and staff in understanding expected conduct and performance, as well as typical (not required) corrective actions. Piedmont University also reserves the right to effect immediate termination if such action is deemed necessary.