Corrective Action Policy

Purpose 

Eastern Mennonite University (EMU) is an organization built upon values. EMU employees can expect to be treated fairly and with dignity at all times. With that philosophy, the University believes the right thing to do is establish an appropriate and fair, progressive discipline process. While some offenses can and will lead to more serious disciplinary action, such as immediate termination, most issues will be resolved using one or more steps in a 4 step process. *EMU is creating a procedure that may include the use of Restorative Justice and/or other alternative dispute resolution (ADR) processes as deemed appropriate. Once finalized, this policy will be updated with revised content.

Establish and administer internal university guidelines for correcting employee, or supervisor, deficiencies in conduct or performance. These guidelines are designed to create an atmosphere of trust and transparency, in line with the mission and values of EMU. Performance issues will be documented on the EMU Corrective Action Form.

Procedures 

A.    Probationary Period Employees: all employees are hired on a 90-day probationary status, during which time their supervisor carefully appraises their performance and suitability for the job. Management will make reasonable efforts to correct a probationary Employee’s unsatisfactory conduct or performance (e.g., building in levels of support and mentorship). If the Employee fails to correct their behavior or performance, they may be terminated during the 90-calendar day probationary period.

B.    Step 1: Counseling/Verbal Warning: Step 1 creates an opportunity for the immediate supervisor to schedule a meeting with an Employee to bring attention to the actual performance, conduct, or attendance issue. The supervisor will discuss with the Employee the nature of the problem or violation of University policies and procedures. Accountability for actions is reviewed, and expectations are outlined for successful continued employment.

C.    Step 2: Written Warning: While it is hoped that the performance, conduct, or attendance issues identified in Step 1 have been corrected, the University recognizes that this may not always be the case. A written warning involves more formal documentation of the performance, conduct, or attendance issues and consequences. During Step 2, the immediate supervisor will meet with the Employee and review any additional incidents or information about the performance, conduct, or attendance issues and any prior relevant corrective action plans. The supervisor will outline the consequences for the employee of their continued failure to meet performance or conduct expectations. Accountability and outlining expectations again are keys to success.

D.    Step 3: Final Written Warning: When the performance, conduct, or attendance issues that have been identified in Step 1 and Step 2 continue, the University recognizes the need to provide the employee with a final opportunity to improve their behavior/performance. This documentation outlines clearly the need to adhere to University policy for the good of the institution and our students. A final written warning is the last step before the recommendation for termination of employment.

E.    Step 4: Recommendation for Termination of Employment: The last and most severe step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the University will strive to exercise this policy’s progressive nature by providing counseling and warnings before proceeding to a proposal to terminate employment. However, the University reserves the right to combine and skip steps depending upon each situation’s circumstances and the nature of the offense. Nothing in this progressive disciplinary system alters the University’s or the Employee’s right to terminate employment at any time for any lawful reason.

In the event of termination of employment, or any step in this process, employees are entitled to an appeal process through the Conflict and Grievance Policy and Procedure:

F.     HR Department Approval: The university’s values are there to provide a framework for its employees. Based on those values and the University’s mission, the University believes it is the right thing to do and the respectful thing to do to ensure no termination is ever a surprise to an Employee. For that reason: 

G.    Suspensions: There may be a performance, conduct, or safety incident so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the employee’s safety or others, Human Resources, in conjunction with the immediate supervisor, may suspend the employee pending an investigation. Suspensions are only for severe infractions that require investigation. Compensation during the suspension is paid based upon the results of the research. If the employee is allowed to return to work, any scheduled, suspended time will be compensated. The University supports suspension as an aid to investigations but does not endorse its use as a punitive action.

Implementation Guidelines

The following list of infractions is not all-inclusive, as it is not possible to list all types of offenses that can result in disciplinary action. It is based on the University’s mission and code of conduct for all employees. Any act, atAt interferes with student services, the performance of a fellow employee, safety, or operation of the university’s needs may also be subject to disciplinary action.

A.    Misconduct or Poor Performance: Misconduct or poor performance infractions generally start with a Written Warning, progress to a Final Written Warning, then to Termination. The behaviors/performances detailed below are guidelines to manage performance. These infractions include:

1. Excessive absenteeism, tardiness, or leaving work before quitting time without permission.

2. Leaving work during working hours and/or visiting or loitering in another area without your supervisor’s permission.

3. Unsatisfactory or careless work; failure to meet production or quality standards; mistakes due to carelessness or failure to get necessary instructions.

4. Disorderly conduct on University property such as horseplay, threatening, insulting, or abusing any employee or supervisor.

5. Failure to comply with safety rules and standard safety practices.

6. Failure to properly report an injury or accident or falsely claiming injury.

7. Violations of or disregard of University rules and regulations.

8. Malicious gossip, spreading rumors or engaging in behavior designed to create discord and lack of harmony.

9. Interfering with another employee on the job and willfully restricting work output or encouraging others to do the same.

10.  Refusal to follow prescribed methods, causing equipment damage or operational delays.

11.  Negligently damaging the property of the University, our students, or visitors.

12.  Poor performance.

B.    Gross Misconduct: Gross misconduct infractions are so serious that they may warrant immediate discharge. The behavior/performance detailed below are guidelines to manage performance. These infractions include:

1. Falsification of personnel records, employment applications, time cards, or any other University records or information.

2. Insubordination; overt refusal to follow instructions of a supervisor.

3. Violation of the Drug and Alcohol-free campus policy.

4. Engaging in acts in violation of the University’s policies against unlawful discrimination, harassment, or retaliation.

5. Deliberate abuse, damage, or destruction of University property, the property of fellow employees, students, visitors, or other third parties on the premises.

6. Fighting or attempting bodily injury of a fellow employee, supervisor, student, visitor, or other third parties at any time on University premises.

7. Theft, misuse, or unauthorized possession or removal of University, employee, student, visitor, or other third party property.

8. Possession, display, or use of dangerous weapons, firearms, or explosives on University premises.

9. Threatening physical harm to a supervisor, fellow employee, student, or other third parties.

10.  Directing profane, abusive, insulting, or threatening language at a supervisor, employee, student, visitor, or other third parties.

11.  Creating a hostile working environment by threatening, coercing, harassing, or otherwise intimidating co-workers, supervisors, or subordinates.

12.  Committing any physical, verbal, or mental abuse of a student, either by act or omission.

13.  Borrowing money, soliciting, or accepting cash, gifts, or gratuities from a student or family member or friend of a student.

14.  Conviction of any criminal offense (other than a minor traffic violation) or commission of any criminal offense, which might adversely affect your work or work relationships or the University’s business or reputation.

15.  Violating a non-disclosure agreement; breach of confidentiality of personnel information.

16.  Overstaying a leave of absence without written authorization from the University. Under these circumstances, the University considers you to have voluntarily terminated your employment.

17.  Unauthorized discussion of medical or personal information regarding any student, co-worker, supervisor, personnel, other students, visitors, or the news media.

18.  Gross negligence or willful misconduct in the performance of duties.