HR 140 - Employee Corrective Action Policy

Policy

CWI expects its employees to meet its performance expectations and to conduct themselves in accordance with its standards of conduct as expressed in CWI’s HR 110 - Employee Conduct policy as well as other applicable policies and procedures. Employees who fail to meet performance expectations or engage in unacceptable conduct shall be subject to corrective action up to and including termination of employment.

Guidelines

The following progressive disciplinary steps may be utilized to improve performance and address employee conduct issues:

• Verbal warning
• Written warning which may include a Letter of Corrective Action
• Suspension without pay
• Probation
• Demotion
• Termination

While the use of the above-mentioned progressive disciplinary steps is recommended, it is not required. CWI reserves the right to take any corrective action it deems appropriate based on the facts and circumstances of each case.

All disciplinary actions, including verbal warnings, should be documented in writing and include (1) a factual description of the conduct giving rise to the disciplinary action; (2) the policy or other workplace expectation implicated, (3) the date(s) of the conduct giving rise to the disciplinary action; (4) the date of the disciplinary action was imposed; and (5) reference to any prior disciplinary action(s) based on the same or similar employee conduct.  A recommendation by a supervisor for suspension, probation, demotion, or termination must be discussed with the Executive Director of Human Resources and approved by the appropriate Dean, Assistant Vice President, Vice President, or the Provost.

If an employee is currently on or has been on a Letter of Corrective Action – Final Warning within the previous six (6) months, the employee is ineligible to transfer to an internal position within CWI and is ineligible for a merit pay increase.

Nothing contained in this policy limits or modifies the at-will nature of employment at CWI or creates contractual or due process rights on behalf of any employee who is not employed pursuant to a limited term or renewable contract. 

The following actions apply to faculty members who are employed pursuant to a non-renewable or renewable contract.

Non-Renewable Contract Status

No Offer of Subsequent Contract

Faculty members who are on non-renewable contract status and who are notified that they will not be offered a contract for the following term are not entitled to a statement of reasons upon which the decision for such action is based. Further, faculty members who are on non-renewable contract status are not entitled to administrative review of a decision by the College to non-renew their contract except to the extent that a faculty member seeks review of whether written notice was received in accordance with applicable time requirements. In such a case, the review will be concerned only with the manner and date of notification of non-renewal. The faculty member must request such a review in writing within fifteen (15) days of receipt of the written notice of non-renewal. In addition, in the event that a faculty member who is on non-renewable contract status alleges that the non-renewal was the result of discrimination prohibited by law, any such allegation shall be addressed in accordance with the College’s policies and procedures for addressing discrimination in the workplace as set forth in HR 130 - Complaint Process for CWI Employees. Such access to the College’s complaint process does not, nor is it intended to, create any due process or contract right, express, or implied, in continued employment after the expiration of the contract term. 

Disciplinary Action during Contract Term

In the event that CWI seeks to take disciplinary action to suspend without pay, reduce pay, demote or discharge a faculty member who is on non-renewable contract status prior to the expiration of their contract term, such action shall be in accordance with the following Due Process Procedures based on “Adequate Cause.”

Renewable Contract Status

Disciplinary Action during Contract Term and Non-Renewal

In the event that CWI seeks to take disciplinary action to suspend without pay, reduce pay, demote or discharge a regular faculty member on renewable contract status prior to the expiration of their contract term or to terminate upon expiration of the current contract or to renew the contract at a reduced salary, such action shall be in accordance with the following Due Process Procedures based on Adequate Cause.

Adequate Cause includes the following:

1. Failure to perform the duties and carry out the obligations set forth in the employment contract, Idaho law, rules or regulations, or CWI policies, or consistent or egregious violations of CWI policies.
2. Inefficiency, incompetency, or negligence in performing duties, or job performance that fails to meet established performance standards.
3. The conviction of any felony or any crime involving moral turpitude or reasonable cause to believe the employee has committed a crime, whether on-campus or off-campus, which is reasonably foreseeable to seriously disrupt the classroom environment or damage community relations.
4. The falsification of information on an employment application or any other verified employment document regardless of when the falsification is discovered.
5. Refusal to accept a reasonable or proper assignment from a supervisor.
6. Conduct that CWI reasonably determines has injured the professional standing or reputation of CWI.

Due Process Procedures

Prior to making a decision to impose leave without pay, reduction in pay, demotion, termination or non-renewal (for faculty on renewable contract status), CWI’s Due Process Procedures must be followed. This means that CWI must provide the faculty member notice and an opportunity to respond before a decision is made to carry out the disciplinary action as well as appeal rights subsequent to the decision.

• The faculty member’s supervisor shall provide the faculty member written notice of the contemplated action which shall include:
  • The action under consideration
  • Identification of the CWI policies which were violated
  • A summary of the information and/or data on which the action is based
  • Notice of the faculty member’s administrative review rights as provided herein
• The faculty member shall have five (5) working days to respond to the notice to present the reason(s) why the contemplated action should not be taken. A request for an extension of time is at the supervisor’s discretion. 
• The faculty member may:
  • Accept the opportunity to respond within five (5) working days
  • Reject the opportunity by failing to respond within five (5) working days
  • Waive the opportunity to respond in writing

If the faculty member accepts the opportunity to respond, the faculty member may submit written response to or request an in-person meeting with the supervisor and Human Resources (HR).

CWI’s Decision

After the faculty member responds, declines to respond, or waives the opportunity to respond, the management authority, consisting of the supervisor, HR, and the appropriate Dean, Vice President or the Provost, shall make and implement a decision within ten (10) working days.

A letter of disciplinary action will be sent to the faculty member explaining the decision. The letter of disciplinary action will either impose, modify, or revoke the contemplated action. 

Immediate Action Pending a Decision

A faculty member may be placed on administrative leave pending a decision on a contemplated action if the allegations underlying the contemplated action involve safety concerns, fraud, theft, or there is otherwise reason to believe that faculty member is unable to perform assigned duties. Such administrative leave shall be approved by the Provost and Vice President of Human Resources prior to placing the faculty member on immediate administrative leave. 

Resignation in Lieu of Discipline

In the event a faculty member chooses to resign from CWI before a decision regarding discipline has been taken, the disciplinary process shall be suspended. Documentation of the unresolved disciplinary matter will be included in the faculty member’s personnel file.

Appeal Procedures for Suspension Without Pay, Reduction in Pay, and Demotion

A faculty member who is subject to a decision to suspend without pay, reduce pay, or demote, as set forth above, may file a written appeal with CWI’s Vice President of Human Resources within five (5) working days of receipt of CWI’s decision.

If it is determined that there was not good cause for the suspension, reduction in pay or demotion, the faculty member shall be entitled to payment for wages lost as a result of the disciplinary action. 

Appeal Procedures for Termination or Non-Renewal

A faculty member who is terminated during the contract term or whose renewable contract is not renewed at the end of a term, is granted the following appeal rights. The faculty member may ask for an appeal on the decision to terminate or non-renew by filing a written request for a hearing with CWI’s Vice President of Human Resources within fourteen (14) working days of receipt of CWI’s decision.

• Upon receipt of a request for hearing, the President shall appoint a Hearing Panel to conduct the hearing. The Hearing Panel shall be comprised of a Vice President, a non-supervising dean or other non-supervising administrator and a member of the faculty. Members of the Hearing Panel should not have participated in the consideration of the matter leading up to the contemplated action. However, mere knowledge of the matter shall not preclude participation on the Hearing Panel. The Hearing Panel shall select a member to serve as its chair.
• The Hearing Panel shall schedule a hearing to take place not less than fourteen (14) working days nor more than twenty-eight (28) working days after receipt of the request by the faculty member. The date provided for the hearing may be changed by mutual consent. The hearing shall be conducted in accordance with the following:
  • The faculty member may be represented by legal counsel at any phase of the hearing at their own expense. The College may also be represented by legal counsel at any phase of the hearing.
  • The Hearing Panel shall cause an electronic record of the hearing to be made or shall employ a competent reporter to take stenographic notes of all of the testimony at the hearing. A transcript of the hearing shall be provided at cost upon request of the faculty member. CWI may use reliable electronic recording software in lieu of a reporter. 
  • At the hearing, the Provost or other duly authorized administrative officer shall present evidence to substantiate the basis for the disciplinary action. The faculty member may produce evidence to refute the disciplinary action. Any witness presented by CWI or by the faculty member shall be subject to cross-examination. The Review Panel may also examine witnesses and be represented by counsel.
  • Judicial rules of evidence and procedures relating to the examination of witnesses and presentation of evidence shall not apply to the hearing. Any relevant evidence, including hearsay, shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the admissibility of such evidence in a court of law.
  • CWI and the affected faculty member may file written briefs and arguments with the Hearing Panel within seven (7) working days after the close of the hearing or at such other time as may be agreed upon by the parties and the Hearing Panel.
• Within twenty-one (21) working days following the close of the hearing, the Hearing Panel shall make a recommendation to the President regarding the disciplinary action. A majority vote of Hearing Panel members is required to forward a recommendation. The recommendation shall be in writing, shall be based on the record before the Hearing Panel, and shall contain a concise statement of the reasons in support of the recommendation. The recommendation shall be served on the Provost and the faculty member.
• After due consideration of the Hearing Panel’s recommendation and the record related thereto, the President shall make a decision within thirty (30) working days of their receipt of the recommendation. The President’s decision shall be in writing, shall state the reasons for their determination, and shall be served by hand delivery or certified mail upon the chair of the Hearing Panel, the Provost, and the faculty member. The President’s decision shall be considered final except as modified by the Board of Trustees pursuant to an appeal under the following paragraph.
• The faculty member may request that the Board of Trustees review the final decision of the President. To do so, the faculty member must submit a written request to the Board within ten (10) working days after the faculty member receives written notice of the final action. The Board may agree to review the final action, setting out whatever procedures and conditions for review it deems appropriate. However, the Board is not required to review the final action and Board review is not a matter of right. If the Board chooses to review the decision, it may approve, reject, or amend the decision or remand the matter for additional evidence and consideration. A faculty member need not request review by the Board in order to have exhausted administrative remedies for the purpose of judicial review.