THE CONTENTS OF THIS HANDBOOK ARE INTENDED AS GUIDELINES AND DO NOT CONSTITUTE TERMS AND/OR CONDITIONS OF AN EMPLOYMENT CONTRACT, EITHER EXPRESS OR IMPLIED. ALL EMPLOYEES OF CONVERSE UNIVERSITY ARE EMPLOYEES-AT-WILL WHO MAY LEAVE AT ANY TIME FOR ANY REASON AND WHO MAY BE TERMINATED AT ANY TIME FOR ANY OR NO REASON.
Converse University expects employees to meet established standards of job performance, professional conduct, attendance, and compliance with University policies. When these expectations are not met, the University may take corrective or disciplinary action. The purpose of discipline is generally to identify the concern, communicate the expected correction, and provide the employee an opportunity to improve when appropriate.
The University may determine the appropriate action based on the nature, severity, frequency, and surrounding circumstances of the matter. Disciplinary actions are not required to occur in a particular order, and the University may repeat or omit steps, including proceeding directly to discharge. Nothing in this policy alters the at-will employment relationship.
Human Resources Review and Documentation
Supervisors must consult with and receive approval from Human Resources before issuing a formal oral or written warning or taking any other disciplinary action. Following the disciplinary action, all written notices and documentation of formal oral warnings must be submitted promptly to Human Resources for inclusion in the employee’s official personnel file. Supervisors may retain working copies as necessary but must not maintain separate disciplinary records that have not been submitted to Human Resources.
Authorized types of disciplinary action are:
- oral warning (and documentation),
- written warning,
- disciplinary suspension without pay,
- administrative leave, and
- discharge
It is not possible to list every conceivable action, event, or set of circumstances for which an employee may be disciplined or discharged, particularly in an academic community such as Converse University. Although this is not an exclusive definition, as an employee may be terminated for any or no reason at all, actions, events, or sets of circumstances that could lead to an employee’s discipline, termination, or both include the following:
- unsatisfactory performance of duties;
- unprofessional conduct;
- insubordination;
- suspicion (based on a reasonable investigation), arrest, indictment, or conviction of a crime, particularly a crime involving moral turpitude; and/or
- reduced funding, reorganization, or reduction in force.
Discipline or discharge may also result from violations of common-sense standards of performance or rules governing conduct and performance. Some examples of such standards or rules include:
- carrying weapons of any kind (except for authorized use by Campus Safety Officers) and/or using fireworks on campus;
- violation of the University’s service expectations;
- being at work under the influence of any intoxicant, drug, or chemical that interferes with the employee's work performance or that might adversely affect safety, or testing positive for such intoxicants, drugs, or chemicals;
- disorderly conduct;
- taking University property without permission, embezzlement, improper/unethical use of funds;
- damaging property belonging to or entrusted to the University;
- violation of the University’s Electronic Communications guidelines;
- violation of federal or state laws governing employment, including, but not limited to, laws prohibiting discrimination and laws affecting safety;
- violation of the University’s Harassment policy;
- violation of the University's Solicitation and Distribution guidelines;
- excessive or unauthorized absenteeism or tardiness;
- using excessive or abusive, profane, obscene, or derogatory language;
- misusing the University's work-time, funds, equipment, or property;
- failure to repay money owed to the University; and/or
- refusing or failing to perform reasonable work assigned by a supervisor, including reasonable overtime work.
*This list of standards and rules is not intended to be all-inclusive.
For information regarding Performance Improvement Plans (PIPs), which are performance-management tools rather than disciplinary actions, employees should refer to the University’s Performance Management Process.
Vacation Leave Payout Information
In the event of involuntary termination/discharge for any reason, pay for unaccrued vacation leave time that the employee has already taken will be deducted from the employee’s final paycheck, and pay for any accrued but unused vacation leave may be added to the final paycheck up to 40 hours at the discretion of the employer.
90-day Introductory Period
All new employees are employed by the University on an introductory basis for 90 days. During and after this 90-day introductory period, the employment remains at the will of both parties. That is, either the employee or the University may terminate the employment at any time, with or without cause. However, an employee who has completed the introductory period and who objects to any disciplinary action is entitled to appeal pursuant to Grievance Procedure V-I.
Non-Disciplinary Separation from Employment
Employment may end for reasons unrelated to an employee’s misconduct or disciplinary history. A non-disciplinary separation is not corrective action and does not imply employee misconduct or unsatisfactory performance. Because these decisions are based on institutional or operational considerations, the progressive disciplinary process does not apply. Non-disciplinary separation may result from circumstances including, but not limited to:
- Reduction or loss of funding;
- Reorganization or restructuring;
- Reduction in force;
- Elimination or consolidation of a position;
- Changes in institutional priorities, programs, operations, or staffing needs;
- Expiration or nonrenewal of a temporary, grant-funded, or term appointment; or
- Other legitimate institutional or operational reasons.
Before communicating or implementing a non-disciplinary separation, the supervisor or division leader must consult with and receive approval from Human Resources. Human Resources will review the proposed action, required documentation, applicable notice requirements, and any available transition arrangements.
Nothing in this section alters the at-will employment relationship. The University retains the right to end employment at any time, with or without cause or advance notice, subject to applicable law and any written agreement authorized by the University. Final pay and benefits will be administered in accordance with University policy and applicable law.
Administrative Leave Pending Investigation
The University may place an employee on administrative leave while reviewing or investigating allegations, workplace concerns, potential policy violations, safety issues, or other circumstances affecting University operations. Administrative leave is a temporary, non-disciplinary measure and does not represent a finding of wrongdoing or a presumption that disciplinary action will be taken.
Administrative leave may be with or without pay, as determined by the University in consultation with Human Resources and in accordance with applicable law. Human Resources must review and approve administrative leave before it is communicated or implemented, except when immediate action is necessary to protect the safety or security of individuals, property, records, or University operations. In such circumstances, Human Resources must be notified as soon as practicable. While an employee is on administrative leave, the University may suspend or modify the employee’s regular duties; assign designated on- or off-campus responsibilities; direct the employee not to report to work or participate in University activities; or limit access to University facilities, property, systems, records, or accounts. The employee must remain reasonably available during normal working hours, comply with University instructions, preserve relevant information, and cooperate with the investigation.
The University will determine the length of administrative leave based on the circumstances and the time reasonably necessary to complete its review. At the conclusion of the investigation, the University may return the employee to regular or modified duties, extend the leave, impose disciplinary action, or take other appropriate employment action.
Disciplinary Suspension Without Pay
When the University determines that an employee has violated a University policy, rule, or standard of conduct, it may impose a disciplinary suspension without pay. The length and terms of the suspension will be determined by the University in consultation with Human Resources and administered in accordance with applicable law. The decision whether to impose discipline and the appropriate level of discipline rests solely with the University. Disciplinary actions are not required to occur in a particular order, and the University may repeat or omit steps, including proceeding directly to suspension or discharge, based on the nature, severity, frequency, and surrounding circumstances of the matter. All disciplinary suspensions require prior Human Resources approval and must be documented in the employee’s official personnel file.