NUMBER: HR 1.39
SECTION: Human Resources
SUBJECT: Disciplinary Action and Termination for Cause
DATE: August 1988
REVISED: July 1, 1995
Policy for: All Campuses
Procedure for: All Campuses
Authorized by: Jane M. Jameson
Issued by: Division of Human Resources
________________________________________________________________
I. Policy
A. This document sets forth examples of causes for
disciplinary action and standard ranges of penalties for uniform
administration of disciplinary action including termination for
cause, pursuant to regulations of the South Carolina Office of
Human Resources. The policy applies to classified and
unclassified non-academic employees of the University of South
Carolina.
B. University employees are expected to perform their work
efficiently and effectively and to be mindful of the public's
expectations of the University and its employees. Supervisors
are expected to set an example by their own conduct, attitude and
work habits.
C. It is the intent of this policy to ensure that
supervisors are consistent in taking disciplinary action against
employees involved in similar situations.
D. Employee Relations Assistance
1. Both supervisors and employees are encouraged to
contact an employee relations representative in the USC Division
of Human Resources or the campus Human Resources Officer for
assistance with employee relations matters.
2. Employees who wish to visit the Division of Human
Resources or campus Human Resources officer for employee
relations assistance will be given reasonable time away from
their jobs for that purpose.
E. Disciplinary Action
1. Disciplinary actions, when necessary, should be
conducted by progressive and constructive measures for the
correction of deficiencies in the conduct of employees, and in
advance of a resort to dismissal.
2. For just cause, however, any classified or
unclassified non-academic employee may be counseled, warned,
reprimanded, suspended or dismissed whenever such action is
considered necessary by the department chair, authorized
supervisor or higher level administrative official within the
employee's line of supervision.
3. Permanent University employees who are in
violation of University policies or rules should be given the
opportunity to improve before being dismissed, unless the
seriousness of the conduct or rule violation calls for immediate
action.
4. University employees who are suspected of being in
violation of University policies or rules will be informed of the
violation and will be given the opportunity to explain their
actions before disciplinary action is taken unless the
seriousness of the violation calls for immediate action. In all
cases of immediate action, the employee will have an opportunity
to be heard as soon after the action as is administratively
practicable.
5. The circumstances surrounding a rule infraction
such as the severity of the offense, the number of times it has
occurred, and any previous counseling or disciplinary steps, will
ordinarily suggest what action will be taken.
6. No disciplinary action beyond a written reprimand
may be taken without authorization of the department chair unless
the seriousness of the deficiency or violation calls for
immediate action. In all cases of immediate action, the employee
will have an opportunity to be heard as soon after the action as
is administratively practicable.
F. Types of Disciplinary Action
1. Counseling and/or Oral Warning
a. An oral warning or counseling by the
supervisor is normally sufficient for the first occurrence of a
minor offense.
b. Counseling and oral warnings may not be
grieved through the University Grievance policy.
2. Written Reprimand
a. If a repetition of a first offense occurs or
if a more serious action occurs, a written reprimand will be
given to the employee.
b. Written reprimands may not be grieved through
the University Grievance policy.
3. Suspension
a. If repetition of an offense occurs for which
a written reprimand has been given, or if a violation of rules
occurs which is serious but for which dismissal is not
appropriate, a notice of suspension will be given to the
employee.
b. Disciplinary suspension is without pay.
c. Periods of suspension will be limited to a
maximum of five working days except as described in section
F.3.d. below.
d. If an employee has been charged with a crime
for which there is probable cause for arrest or which raises a
reasonable concern or belief by the Vice President for Human
Resources that the presence of the employee on the job would or
could be harmful to the employee, other employees, students or
other members of the University community, or that the employee
would be unable to properly perform the duties of the position,
the employee may be suspended in excess of five days. In the
event no wrongdoing by the employee is established, the employee
may be entitled to back pay.
e. Suspension may be grieved through the
University Grievance policy.
4. Dismissal
a. An employee may be dismissed due to the
frequency or nature of his or her violation of University
policies and/or rules or misconduct.
b. Serious offenses may be cause for immediate
dismissal without prior disciplinary steps or without the
opportunity for the employee to be heard. In such cases, the
opportunity to be heard must be given the employee as soon as is
administratively practicable.
c. Dismissal may be grieved through the
University Grievance policy.
G. Conduct Requiring Disciplinary Action and Recommended
Uniform Penalties
1. Chart I contains examples of conduct which
may require disciplinary action and the recommended uniform
penalties for such conduct. The list is intended to be used as a
guide and is not intended to be all inclusive of all causes or
offenses or resulting penalties. In the event of an
inconsistency between the recommended uniform penalty shown in
Chart I and the narrative portion of this policy, the narrative
portion will prevail.
2. At the occurrence of any of the listed
offenses or any that are not listed, the appropriate discipline
will be determined after the particular circumstances of the case
have been carefully considered.
II. Procedure
A. Counseling or Oral Warning
1. The supervisor should speak privately with the
employee to correct minor deficiencies in conduct. The
conversation should include the following:
a. a thorough review of what is expected of the
employee and why;
b. an explanation to the employee of how
expectations for employee conduct have not been met;
c. a chance for the employee to explain the
reasons for the conduct;
d. specific suggestions by the supervisor to the
employee about ways the conduct may be improved.
2. It is recommended that a record of counseling or
oral warning action be made and retained by the supervisor;
however, at this stage it is not necessary to send a copy to the
employee's official Personnel File.
B. Written Reprimand
1. A written reprimand should be given to the
employee if the seriousness of the offense calls for such action
or if previous counseling discussions or oral warnings have not
produced the desired results.
2. A written reprimand must be addressed to the
employee, placed in the employee's official Personnel File and
must include the following:
a. heading or label as written reprimand;
b. rules violated, misconduct or other actions
necessitating disciplinary action;
c. ways deficiencies in conduct may be overcome;
d. the period of time the employee will be given
to improve;
e. the possible consequences if satisfactory
improvement is not made;
f. the signature of the employee to show that
the written reprimand has been received and understood.
g. at the option of the employee, the employee
will be afforded the opportunity to explain the conduct and to
append such explanation in writing to the written reprimand.
C. Suspension
1. The employee should be suspended if repetition of
an offense occurs for which a written reprimand has been given,
or if a violation of rules or policies occurs which is serious
but for which dismissal is not appropriate.
2. Before an employee is suspended, the department
chair must give authorization for such action unless the
seriousness of the conduct or rule violation calls for immediate
action.
3. The notice of suspension must be addressed to the
employee, placed in the employee's official Personnel File and
must include the following:
a. heading or label as notice of suspension
without pay;
b. previous disciplinary steps;
c. policies or rules violated, or other actions
necessitating suspension;
d. specific dates of the suspension;
e. corrective actions needed by the employee;
f. the possibility of dismissal in the case of a
reoccurrence or if the employee is subsequently found guilty of
misdemeanor or felony charges or other evidence of serious
wrongdoing;
g. the signature of the employee to show that
the notice of suspension has been received and understood;
h. the employee's right to appeal the suspension
under the University Grievance policy;
i. a copy of the University Grievance policy.
j. at the option of the employee, the employee
will be afforded the opportunity to explain the conduct and to
append such explanation in writing to the notice of suspension.
D. Dismissal
1. An employee who has been given the opportunity to
improve deficiencies in conduct in accordance with this policy
and whose misconduct or violation of rules continues will be
dismissed. Serious offenses may be cause for immediate dismissal
without prior opportunity to improve deficiencies.
2. The notice of dismissal must be addressed to the
employee, signed by the department chair, placed in the
employee's official Personnel File and must include the
following:
a. heading or label as notice of dismissal;
b. previous disciplinary steps relating to
violation of policies and/or rules, misconduct or other actions
necessitating dismissal;
c. the right to appeal the dismissal through the
University Grievance policy;
d. a copy of the University Grievance policy;
e. at the option of the employee, the employee
will be afforded the opportunity to explain the conduct and may
append such explanation to the notice of dismissal.
Chart I
CAUSES FOR DISCIPLINARY ACTION AND RECOMMENDED PENALTIES
OFFENSE OR JOB
DEFICIENCY
1ST OFFENSE
2ND OFFENSE
3RD OFFENSE
4TH OFFENSE
Substandard Job Performance
See Performance Appraisal Policy
Temporary/Permanent Physical or Mental Incapability for Performing Duties
Counseling
Written Reprimand to Suspension
Suspension to Dismissal
Dismissal
Failure to follow established safety precautions, or failure to use safety equipment
Written Reprimand to Suspension
Suspension to Dismissal
Dismissal
Careless, Negligent or Improper Use of University Equipment or Property
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
Unauthorized Use of University Equipment or Property
1-5 Days Suspension to Dismissal
Dismissal
Destruction or Willful Misuse of University Property or Equipment
1-5 Days Suspension to Dismissal
Dismissal
Defacing University Property
Written Reprimand to Suspension to Dismissal
Dismissal
Working on Personal Jobs During Work Hours
Written Reprimand
Dismissal
Failure to Obtain or Maintain a License or Certificate Required as a
Condition of Employment
Counseling or Oral Warning
Dismissal
Failure to Maintain Satisfactory and Harmonious Working Relationships
with the Public and/or Employees
Counseling or Oral Reprimand
Written Warning
1-5 Days Suspension
Dismissal
Unauthorized Overtime Worked by a Non-Exempt Employee
Counseling or Oral Warning
Written Reprimand
1-5 Days Suspension
Dismissal
Habitual Tardiness or Failure to Observe Assigned Work Hours
Counseling or Oral Warning
Written Reprimand
1-5 Days Suspension
Dismissal
Unauthorized Leave
Written Reprimand
1-5 Days Suspension
Dismissal
Excessive Use Abuse of Sick Leave
Written Reprimand
1-5 Days Suspension
Dismissal
Excessive Absenteeism (LWOP and Sick Leave)
Counseling or Oral Warning
Written Reprimand
Dismissal
Leaving Work Station Without Authorization
Written Reprimand
1-5 Days Suspension
Dismissal
Abandonment of Position
Employees who voluntarily fail to report to work for three
consecutive workdays and fail to contact appropriate University
management during the time period will be considered to have
voluntarily resigned.
Insubordination or Refusal to Accept a Reasonable and Proper Assignment
From an Authorized Supervisor
Written Reprimand to Suspension to Dismissal
1-5 Days Suspension to Dismissal
Dismissal
Acceptance, Without Prior Approval, of Work Assignment or Compensation That
is Found to be a Conflict of Interest
Written Reprimand to Suspension to Dismissal
Dismissal
Falsification of Records Including Employment Application
Written Reprimand to Suspension to Dismissal
Suspension to Dismissal
Dismissal
Unauthorized Release of Records or Information Contained Therein
Written Reprimand to Suspension to Dismissal
Suspension to Dismissal
Dismissal
Acceptance of Gifts in Exchange for Favors or Influence
1-5 Days Suspension to Dismissal
Dismissal
Gross Negligence
Written Reprimand to Suspension to Dismissal
1-5 Days Suspension to Dismissal
Dismissal
Excessive Use of Telephone for Personal Matters
Counseling or Oral Warning
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
Sleeping While on Duty
Written Reprimand to Suspension to Dismissal
1-5 Days Suspension to Dismissal
Dismissal
Horseplay or Loafing
Counseling or Oral Warning
Written Reprimand
1-5 Days Suspension
Dismissal
Malicious Use of Profane/Abusive Language to Others
Counseling or Oral Warning
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
Interference With Another Employee's Work
Counseling or Oral Warning
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
Defacing University Property
Written Reprimand to Suspension to Dismissal
Dismissal
Guilty of Gross Misconduct or Conduct Unbecoming a University
Employee Which Substantially Affects the Employee's Fitness
to Perform Assigned Duties
Written Reprimand to Suspension to Dismissal
Dismissal
Criminal Charges Such That the Employee's Presence on the Job Could
or Would be Harmful to the Employee or Others or Such That the Employee's
Fitness to Perform Assigned Duties Is Affected.
Suspension
Conviction of a Felony
Dismissal
Refusal to submit to an alcohol or drug test required by Federal or
State Law or regulation
Dismissal
Failure to pass an alcohol or drug test required by Federal or State
Law or regulation
Suspension to Dismissal
Dismissal (NOTE - Action must be in accord with the statute on alcoholism)
Reporting to Work Under the Influence of Alcohol and/or Illegal Drugs
1-5 Days Suspension
Dismissal (NOTE - Action must be in accord with the statute on alcoholism)
Drinking Alcoholic Beverages on the Job.
1-5 Days Suspension
Dismissal (NOTE - Action must be in accord with the statute on alcoholism)
Using or Selling Illegal Drugs on the Job
Dismissal
Stealing
Dismissal
Fighting
1-5 Days Suspension to Dismissal
Dismissal
Unauthorized Possession of Firearms or Lethal Weapons on the Job
Dismissal
Willful Acts That WouldEndanger the Lives or Property of Others
Dismissal
Sexual Harassment
Counseling or Oral Warning to Written Reprimand to Suspension to Dismissal
Written Reprimand to Suspension to Dismissal
Dismissal
Unauthorized Sales or Solicitation on University Premises
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
Unauthorized Distribution of Written or Printed Material of Any Kind on
University Premises
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
Engaging in Work Stoppages, Slowdowns or Strikes
Written Reprimand to Dismissal
Dismissal
Trespassing on the Home of Any State Official or Employee or Student for the
Purpose of Harassing or Forcing Dialog or Discussion With the Occupants
Written Reprimand to Dismissal
Dismissal
Any Accumulation of 3 Offenses Where the 1st Offense Calls for Oral or Written
Reprimand Within a Period of 365 Calendar Days
1-5 Days Suspension to Dismissal
Any Accumulation of 3 Offenses Where the 1st or 2nd Offense Calls for
Suspension Within a Period of 365 Calendar Days
Dismissal
Willful Violation of Written Rules, Regulations or Policies
Written Reprimand
1-5 Days Suspension to Dismissal
Dismissal
To obtain an official copy of this policy please contact the USC Division of Human
Resources.
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Jane M. Jameson
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