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Action by the College will begin with a restorative approach and may include a progressive series of disciplinary actions that include warnings, suspension, or termination.  However, the President may at any time move out of a progressive approach if deemed appropriate to the severity of the misconduct.

The nature and severity of the offense will determine the first or next step to be taken.  The supervisor must first consult with the appropriate Dean or Vice President and the Director of Human Resources.

Examples of misconduct and performance include:

· Recurring tardiness, absenteeism, or both.

· Conduct that interferes with the College operations.

· Conduct that brings discredit on the College.

· Insubordination, failure to follow a supervisor’s reasonable order, or failure to carry out reasonable job assignments.

· Failure to improve performance after warning.

· False statements or falsification of records, including falsification of the employment application.

· Violation of any College rules or regulations.

· The possession of firearms on College property.

· Unlawful behavior including discrimination or harassment.

· Unauthorized disclosure of any confidential College information.

· Coming to work under the influence of alcohol, drugs, or other comparable substances, or possessing the same on College property.

· Rudeness or fighting with employees, students, or others.

· Unauthorized use of College property or personnel for personal reasons or theft or willful destruction of College property.

· Other serious incidents of misconduct, and not specifically listed that impact the college.

When the supervisor determines a performance or behavior issue exists and under advisement from the Director of Human Resources, they are required to take the following steps outlined below by utilizing the Employee Disciplinary Notice Form.  It is important that the process is applied in a fair and consistent manner.  Progressive discipline may be initiated at any option.  The level of discipline imposed will be based on the nature and impact of conduct.

Collection of Facts:  The supervisor will collect all relevant facts in a fair and objective manner within ten (10) calendar days of being alerted to the concern.  The supervisor will review all relevant documents; speak with any witnesses regarding conduct/actions and obtain written statements as appropriate; and review how the employee was notified of a violation if the employee had been notified.  If enough facts are collected to warrant further investigation, the employee will be afforded a due process meeting to respond to allegations.  (More complex investigations should be conducted in coordination with the Director of Human Resources.  Based on the severity of the concern, the employee may be placed on a paid or unpaid administrative leave or may be terminated.) 

NOTE:  Discipline may be initiated at any option.

Option 1 – Informal Counseling:  Informal Counseling allows for supervisors and employees to have conversations, as appropriate, to ensure performance and work behavior are aligned with the College’s expectations.  Informal Counseling is not considered discipline.  The purpose of Informal Counseling is for the supervisor to outline and clarify expectations and provide an opportunity for employees to ask questions regarding those expectations.  When informally counseling employees, the supervisor should summarize the counseling session, including their expectations of the employee.  As Informal Counseling is neither discipline nor formal performance management, Informal Counseling is not grievable.  Informal Counseling is not required before formal discipline or performance management is issued, however such counseling should be used where feasible as determined by the supervisor.

Option 2 – Documented Oral Warning:  For less severe infractions, the initial disciplinary action may be an oral warning by the employee’s supervisor.  The responsible supervisor speaks to the employee to: a) review expected job performance or conduct; b) explain specifically how the employee has not met College expectations; c) provide an opportunity for the employee to explain his/her actions; and together, d) establish a course of action that will correct the job performance or conduct under question.  The discussion between the employee and the supervisor will be serious and professional in manner to ensure that the employee clearly understands the established standards and expectations with regard to his/her misconduct and that any further performance and/or behavior issues will result in additional disciplinary action.  The supervisor will complete the Employee Disciplinary Notice Form and forward to the Director of Human Resources for filing in the personnel file of the employee.  Oral Warnings shall include notice of the College Grievance Policy.

Option 3 – Official Written Warning/Reprimand:  If the Documented Oral Warning fails to correct the behavior after a reasonable period of time, or the College determines that behavior/performance is serious enough to bypass the Documented Oral Warning, the supervisor, in consultation with the Director of Human Resources and the Dean and/or Vice President, may prepare an Official Written Warning/Reprimand using the College’s Employee Disciplinary Notice Form.  The supervisor shall meet with the employee to discuss the Official Written Warning/Reprimand.  The Director of Human Resources and appropriate Dean and/or Vice President may be present during the meeting at the College’s discretion.  The Official Written Warning/Reprimand will identify the date of any prior Documented Oral Warning, shall further document the continued performance issue(s) and/or behavior(s), and shall state that if the employee does not immediately correct the performance issue(s) and/or behavior(s), the employee may be subject to additional disciplinary action up to and including termination of employment.  The Employee Disciplinary Notice Form will be filed in the employee’s personnel file.  Official Written Warning/Reprimands shall include notice of the College Grievance Policy.

In addition, a written Performance Improvement Plan (PIP) will generally accompany an Official Written Warning/Reprimand.  The College is committed to providing employees with the opportunity to improve their work performance in order to continue successful employment at the College.  PIP’s are not grievable.

A PIP is a short-term plan, which outlines expectations for improvement of work performance/behavior within a specified period of time.  PIPs usually run for 30-90 day calendar days.  Supervisors should work with the Director of Human Resources to design and implement the PIP.  PIPs may be implemented independently or in conjunction with any warning step under the performance management process.

Failure to meet the expectations established by a PIP, and maintenance of acceptable performance, may result in disciplinary action up to and including termination of employment.  PIPs may be extended for an additional period not to exceed an additional 90 calendar days.

Upon successful complete of a Performance Improvement Plan (PIP), the formal disciplinary process will be closed, and the employee’s performance will be expected to remain at or above the improved level consistently.

Responses to Documented Oral Warning and Official Written Warning/Reprimand

An employee may submit a written response to a Documented Oral Warning or Official Written Warning/Reprimand within five (5) calendar days of the issuance of the Documented Oral Warning or Official Written Warning/Reprimand.  A timely written response will be attached to the Documented Oral Warning or Official Written Warning/Reprimand.  A copy of the response will be provided to the supervisor who issued the Documented Oral Warning or Official Written Warning/Reprimand.  Responses submitted after five (5) calendar days will not be accepted.

The written response does not change the time to file a grievance pursuant to the College’s Grievance policy.

Option 4 – Suspension:  Suspension either with pay or without pay may follow a Documented Oral Warning or Official Written Warning/Reprimand, or may be the first disciplinary action taken if warranted by the circumstances.  Prior to suspending an employee, the supervisor must obtain approval from the appropriate Vice President and the Director of Human Resources and supply specific, factual, and descriptive supporting documentation to the President who makes the final decision to suspend.  The duration of the suspension will depend upon the facts of each case, including but not limited to, type and severity of the misconduct, previous work performance of the employee, and prior disciplinary actions.  The suspended employee will be notified of the suspension by a letter that outlines the misconduct, states expectations, and indicates the consequences that will occur.  A copy of the letter will be forwarded to the Director of Human Resources for placement in the employee’s official personnel file.

In cases of alleged serious misconduct, an employee may be placed on an investigative suspension.  In such cases, the employee will be removed from the workplace while the Director of Human Resources in conjunction with the appropriate Vice President investigates the matter.  Investigative suspension is leave with pay.  The Director of Human Resources and the President must approve an investigative suspension.  The employee under investigation will be notified by letter of the suspension with pay, the alleged serious misconduct, and the college’s intent to investigate.  Employees on investigative suspension cannot contact co-workers or access College systems during investigations.

Failure of the employee to report back to work when requested, or at the suspension expiration date, will be considered a voluntary resignation of his/her employment and any subsequent reinstatement or re-employment shall be on the basis of new employment.

Option 5 – Termination:  A recommendation for termination to the President will occur when an employee has engaged in serious misconduct or when an employee has not corrected his/her misconduct after previous warnings.  Prior to notifying an employee of the intent to recommend his/her termination to the President for action, the appropriate Vice President and the Director of Human Resources will supply specific, factual, and descriptive supporting documentation to the President for review.

The President may dismiss or suspend any employee of the College at any time for cause, which shall include, but not be limited to the following reasons:

· Failure to perform competently the duties of the position.

· Neglect of duty.

· Conviction of a crime involving moral turpitude or conviction of a felony.

· Failure to maintain satisfactory and harmonious working relationships with the public and/or other employees.

· Failure to obtain or maintain a current license or certification required by regulations of an appointing agency or law as a condition for performing the job.

· Chronic absenteeism, absence without approved leave, and/or improper use of sick leave.

· Failure to demonstrate progress in professional self-improvement within the stipulated time, as directed by supervisor and mandated by job duties.

· Falsification of official records, expense claims, and/or misuse of state/county/institutional funds.

· Possession of unauthorized firearms or lethal weapons on the job or on College property.

· Failure to comply with rules, regulation, and policies of the North Carolina State Board of Community Colleges, the Board of Trustees, College, or lawful directives of the President.

· Use, manufacture, distribute, and/or possess controlled substances during work hours or appearing at any time on the property of Â鶹ÊÓƵ under the influence of controlled substances in violation of North Carolina General Statutes.

· Insubordination or refusal to accept a reasonable and proper assignment from an authorized supervisor or failing to report for duty at the assigned time and place.

· Participating in or conspiring with others in activities to impair, impede, or disrupt the legal mission, process, or functions of the College.

· Failure to comply with any condition of probation while an employee is in probationary status.

If an employee has been notified of the intent to recommend his/her termination, the employee may, within five (5) calendar days, after receiving the written letter of recommendation for termination, request a conference with the President to appeal the pending termination.  The President, with other college staff pertinent to the discussion, will explore the reasons for the proposed termination.  The employee will be given full opportunity to present reasons why the President should not carry out the termination.  Neither party shall be represented or accompanied by legal counsel.  Within five (5) calendar days after the conference, the President will give the employee a letter summarizing any prior efforts to resolve the problems and discuss other dismissal items such as final pay, benefits, return of College property, etc., or of his/her intent to overturn the recommendation for termination.  A notice of termination shall include reference to the College’s Grievance Policy.