UPPS 04.04.40 - Disciplining and Terminating Employees

POLICY STATEMENT

Texas State University supports a work environment that is focused on positive employee relations and is committed to meeting the requirements of state and federal law.

1. SCOPE

   1. This document provides policies for administering discipline in relation to all employees and for the termination of staff employees.

   2. All disciplinary and termination actions will be in compliance with statutory and any other applicable requirements, as determined by Texas State University’s president.

2. DEFINITIONS

   1. At-Will Employment – The relationship between staff and other employees without fixed appointments (as described in writing or tenure) and Texas State is one of at-will employment such that the employment relationship may be ended at any time by either party for any lawful reason with or without cause.

   2. Involuntary Termination – an employee is separated from employment at the discretion of management.

   3. Job Abandonment – a form of voluntary termination that occurs when:

      1. an employee fails to report for duty on the first regular workday after a leave without pay (LWOP). The effective date of termination is the day following the last day of the approved leave of absence period; or

      2. an employee that is not approved for LWOP is absent for three consecutive workdays without directly notifying or receiving pre-approval from their supervisor. Notification to support staff, other colleagues, or through third parties does not constitute direct notification. Further, notification to the supervisor through third parties, or after the passage of three consecutive workdays does not nullify ability of supervisor to proceed with job abandonment. The effective date of termination is the last day the employee was in a work status, as determined by management.

   4. Voluntary Termination – an employee is separated from employment at the discretion of the employee.

3. GENERAL PROCEDURES

   1. Employees are considered “at-will” (except those with written employment contracts) and serve without fixed terms and at the pleasure of the university president or The Texas State University System (TSUS) Board of Regents.

   2. Subject to the requirements in this policy, only 1) the president, vice presidents, deans; and 2) associate vice presidents, assistant vice presidents, and directors reporting directly to a vice president have the authority to involuntarily terminate staff employees and sign letters of involuntary termination. However, these officials may delegate termination authority to their department heads. This delegation of authority must be documented.

   3. Prior to initiating any disciplinary action that will result in administrative leave, suspension, or involuntary termination, the authority taking the action must consult with Human Resources to conduct an objective review of the reasons and any available supporting documentation for the action. Human Resources will provide consultation/advice on the action and must approve the written notification of leave, suspension, or involuntary termination which will also confirm that the acting authority consulted with Human Resources and that a review for Equal Employment Opportunity compliance was conducted prior to taking action. Documents reviewed in this process are subject to the university’s record retention requirements.

   4. All disciplinary and involuntary termination notices must be provided in writing to the employee by the appropriate acting official. In extraordinary circumstances when the employee is not available to meet, the appropriate acting official must send the action notice via certified mail to the employee’s last known address.

   5. The appropriate authorities in all disciplinary and termination actions are responsible for submitting any required Personnel Change Request (PCR), terminating Informational Technology (IT) access, as appropriate, and completing the emergency separation request option located on the IT Assistance Center (ITAC) website. In termination cases, the appropriate authorities are responsible for initiating all other actions required by the Employee Discipline and Termination Procedures (including the separation checklist) as published by Human Resources.

   6. Where an employee believes in good faith that a reprimand violates university or TSUS policies, or where an employee is placed on leave without pay or terminated, the employee may file a grievance, through the provisions of UPPS No. 04.04.41, Staff Employee Mediation and Grievance Policy or AA/PPS No. 04.02.32, Faculty Grievance Policy for faculty grievances.

   7. Both supervisors and employees may consult with Human Resources on the provisions of this policy and related employee relations issues.

4. DISCIPLINARY REASONS

   1. When warranted, employees may be subject to disciplinary action up to and including termination. The university does not have a progressive disciplinary system, and therefore the severity of discipline rendered is calibrated to the nature of the infraction. The following provide illustrative examples of reasons that an employee may be disciplined; the list is not exhaustive, and other acts or omissions contrary to standard work performance or conduct may warrant disciplinary action:

      1. failure to comply with state or federal law; the regulations, rules, and procedures of TSUS, Texas State, or departments and work units of Texas State;

      2. performance, conduct, or behavior, whether by action or omission, that interferes with or adversely affects the orderly or efficient operation of Texas State;

      3. insubordinate acts toward a supervisor that interfere with or impede efficient operations or the ability of a supervisor to manage or function;

      4. tardiness or absenteeism, which disrupts operations and interferes with the business needs of the university; and

      5. any other conduct or behavior that is not in the best interest of the university or that undermines the employee’s ability to continue as a university employee or negatively impacts the employee’s ability to meet the performance requirements of their job.

5. DISCIPLINARY ACTIONS

   1. The following is a list of possible disciplinary actions at Texas State:

      1. Verbal Reprimand – A verbal reprimand can be issued by any supervisor and is the least severe disciplinary action. Verbal reprimands should be confirmed in writing via email or memo to the employee. A copy may be provided to the employee upon request. The supervisor is responsible for retaining the confirmation of the verbal reprimand in the department’s files for a period of three years following the resolution of the issue, in accordance with the University Records Retention Rule PER260.

      2. Written Reprimand – Written reprimands must be approved by the department head and are given either when verbal reprimands have failed to achieve the desired improvements or when justified by the nature of the issue.

      3. Suspension – A suspension must be approved by an authority no lower than the department head in consultation with Human Resources. There are two types of suspension: with pay for investigation and without pay.

         1. Suspension with Pay for Investigation – The employee will be suspended from regular duties with pay for this type of suspension. The suspension can be for a specific or indefinite time period.

            The suspending authority must notify the employee in writing of the suspension with pay and forward a copy to Human Resources to be placed in the employee’s personnel file.

         2. Suspension without Pay – The suspending authority must notify the employee in writing of the suspension without pay and forward a copy to Human Resources to be placed in the employee’s personnel file.

      4. Demotion – In consultation with Human Resources, only 1) the president, vice presidents, deans; and 2) associate vice presidents, assistant vice presidents, and directors that report directly to a vice president have authority to demote staff employees and sign letters of involuntary termination. Demotions result from serious or repeated offenses or significant performance issues. The vice president may delegate the issuance of a demotion to the appropriate department head.

         This action changes the employee to a new title with a lower pay plan minimum rate than the title previously held and results in a pay decrease for the employee at the issuing authority’s discretion.

         Any pay decrease cannot put the employee’s pay lower than the pay plan minimum rate for the employee’s new title. If the employee is classified, the employee’s rate cannot exceed the maximum pay plan rate for the employee’s new title.

6. TERMINATION OF EMPLOYMENT

   1. Voluntary Termination of Employment – An employee voluntarily leaves the employ of Texas State when they resign, retire, or abandon their position. A resignation in lieu of involuntary termination is considered a voluntary termination.

   2. Involuntary Termination of Employment – An employee is involuntarily separated from the employ of Texas State, with or without cause for disciplinary or non-disciplinary reasons. Such reasons may include, but are not limited to, poor job performance, reduction in force (UPPS No. 04.04.14, Staff Reduction in Force contains more information), behavioral issues, lack of funding, no longer a need for a position, completion of assigned project, expiration of project time, end of “interim” status, or an employee’s inability to perform the duties of a position due to illness or injury.

      Only 1) the president, vice presidents, deans, athletic director; and 2) associate vice presidents, assistant vice presidents, and directors that report directly to a vice president have authority to involuntarily terminate staff employees and sign letters of involuntary termination.

7. DISCIPLINING AND TERMINATING ADMINISTRATIVE OFFICERS

   1. The policies in previous sections of this policy apply to the disciplining of administrative officers. However, the termination of administrative officers will be in accordance with Chapter V, Section 3.2 of The TSUS Rules and Regulations. Administrative officers at Texas State are the president, vice presidents, and deans.

8. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Associate Vice President and Chief Human Resources Officer	April 1 E5Y
      Chair, Staff Council	April 1 E5Y

9. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

   Associate Vice President and Chief Human Resources Officer; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Financial Officer

   President