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C. Steps for Imposing Disciplinary Actions and Due Process Provisions

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   Supervisors are responsible for the administration of discipline which ensures due process provisions for employees being disciplined.

   The following procedures shall be observed:

1. The supervisor, upon obtaining information which would indicate the possibility of administering disciplinary action, shall inform the employee of the allegations orally and in writing.

2. The supervisor shall meet with the employee to verify the information and afford the employee an opportunity to refute the information or present mitigating evidence.

3. Based upon the information and evidence presented and the individual circumstances of the case, the supervisor shall determine the appropriate action to be taken.

4. If the supervisor decides to impose a disciplinary action, the employee shall be entitled to written notice of the proposed charges against him or her, citing the rule or policy violated and an explanation, including any written documentation of an agency's evidence against him or her. (Oral notice may be sufficient only when written notice is not expedient.)  The explanation should include a description of the incident involved and/or dates of occurrence to the extent the explanation would not impair the function or operation of the agency or expose the agency to legal liability.

5. Prior to imposing discipline the employee shall again be entitled to an opportunity to present mitigating evidence or present reasons why disciplinary action should not be taken.  If the opportunity or explanation is in the form of a meeting, the supervisor shall afford the employee adequate notice as to time, place, and purpose of such meeting.

6. When a supervisor meets with the employee to impose the disciplinary action, the employee shall be

a. advised in writing of the nature of the violation;

b. advised in writing of the disciplinary action being administered; and

c. if appropriate, notified in writing of the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve.

   The employee shall acknowledge receipt of the written documentation of disciplinary action by signing the document. The employee's signature does not constitute agreement with the content of the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.  A copy of the document shall then be placed in the employee's personnel file and a copy of the document (other than Written Warnings) shall be sent to the Administrative Office. 

 

This page was last modified on Wednesday, November 14, 2012