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Faculty

CHAPTER THREE: 3920

EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF

December 2007


 

3920

 

DISMISSAL AND DISCIPLINE OF EXEMPT EMPLOYEES

 

PREAMBLE: This section outlines the procedures for the dismissal of exempt employees who are being dismissed before the end of their current term of appointment. For historical background, see 3910. Unless otherwise noted, the text is as of July 1996. The whole of the policy was substantially revised July 2002.  Further information may be obtained from Human Resources (208-885-3638). [ed. 7-97, 7-01, 7-02, 9-06, 12-07]

 

 

CONTENTS:

 

A. Regents’ Authority

B. Administrative Leave

C. Procedures Related to Discipline and Dismissal

D. Regents Appeals

 

A. REGENTS’ AUTHORITY.

A-1. All employees of the regents are subject to discipline up to and including dismissal for adequate cause: "Adequate cause" means one (1) or more acts or omissions which, singly or in the aggregate, have directly and substantially affected or impaired an employee’s performance of his professional or assigned duties or the interests of the Board, institution, agency, school, or office. In addition, any conduct seriously prejudicial to the Board, an institution, agency, school or office may constitute adequate cause for discipline, up to and including dismissal. Examples include, but are not limited to, one or more instances of sexual harassment or other form of harassment prohibited by law; immorality; criminality; dishonesty; unprofessional conduct; actions in violation of policies, directives, or orders of the Board, an institution, agency, school, or office; unsatisfactory or inadequate performance of duties, or failure to perform duties. RGP IIL3. [rev. 7-02]

B.  ADMINISTRATIVE LEAVE. An exempt employee may be placed on administrative leave with pay until final action is taken by the department administrator or in the case of dismissal, by the president. [ed. 12-07]

 

C.  PROCEDURES RELATED TO DISCIPLINE AND DISMISSAL.  In each case, the issue of whether or not good cause for discipline, termination or dismissal exists is to be determined by an equitable procedure, affording protection to the rights of the exempt employee and to the interests of the state of Idaho and its system of higher education. [ed. 12-07]

C-1. Departmental, Division, and College Action. When reason arises to question the fitness of a exempt employee, the immediate supervisory officer discusses the matter with the employee in a confidential personal conference. It is the duty of the immediate supervisor and the exempt employee to make a good faith effort to correct any and all deficiencies in the exempt employee’s performance. A good faith effort must be made to identify and resolve performance problems at the lowest administrative level. [ed. 12-07]

 

C-2. University Action. If problems are not resolved, disciplinary action may be initiated using the following procedure.

a. The department administrator shall provide the employee with written notice of the contemplated discipline and specify a period of time during which the employee shall have the opportunity to respond in person or in writing.
b. The employee may respond or decline to respond affirmatively or through inaction.

c. After considering the employee's response, if any, the department administrator may impose discipline or in the case of dismissal, recommend dismissal to the president.

 

d. If there is a recommendation to dismiss, the president or his or her designee must notify the employee in writing. Such notice may be personally served upon the employee, or be sent by first-class mail, postage pre-paid, to the employee at the last known address on file for the employee. If the disciplinary action is other than dismissal, the department administrator provides the notice in the same way. The notice must contain a concise statement of the reasons and nature of the discipline.

 

e. An employee may use the grievance process described in FSH 3890 to grieve disciplinary action.

 

f. The notice to the employee imposing discipline is the final decision of the university. The effective date of the discipline is not affected by the filing of a grievance under FSH 3890.

D. REGENTS’ APPEALS.  A nonclassified employee may elect to petition the Board to review any final personnel related decision of the chief executive officer. Any written petition must be filed in the Office of the State Board of Education within fifteen (15) calendar days after the employee receives written notice of final action under the internal procedures of the institution, agency, school, or office. The Board may agree to review the final action, setting out whatever procedure and conditions for review it deems appropriate, or it may choose not to review the final action. The fact that a written petition has been filed does not stay the effectiveness of the final decision nor does it grant a petition for review unless specifically provided by the Board. Board review is not a matter of right. An employee need not petition the Board for review in order to have exhausted administrative remedies for the purposes of judicial review. (RGP IIM).

 


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