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University of Houston - Victoria

Office of the Vice President for
Administration and Finance

SECTION: PERSONNEL INDEX: C-14

SUBJECT: DISCIPLINE AND DISMISSAL REGULAR STAFF EMPLOYEES

POLICY

The University of Houston-Victoria (UHV) encourages fair, efficient, and equitable resolution of problems arising out of the employment relationship.    This policy sets forth the university’s process for discipline and dismissal, which is intended to comply with state and federal law and University of Houston System policy. This policy also provides a process for ensuring that consideration is given to employee concerns in disciplinary matters.

Nothing in this policy shall be used to discriminate against any individual or group because of race, sex, color, religion, national origin, age, disability, or veteran status.

COVERAGE

This policy applies to all regular staff employees, including those serving in externally-funded positions and working at remote locations.

This policy does not apply to employees serving in the following positions:

  • President, Provost and Vice President for Academic Affairs, Vice President for Administration and Finance, Associate Vice President for Student Services and Regional Outreach, and Dean;
  • Positions for which student status is a prerequisite for employment;
  • Positions which are defined as non-regular (temporary or lump-sum);
  • Positions filled by probationary employees, unless illegal discrimination is alleged as the cause of the disciplinary action and evidence is provided which reasonably supports the allegation; and
  • Faculty.

Continuous service in the positions of Provost and Vice President for Academic Affairs, Vice President for Administration and Finance, Associate Vice President for Student Services and Regional Outreach, and Dean is at the pleasure of the President. If a designated position involves a joint faculty appointment, the faculty appointment will be subject to university faculty policies and procedures.

Probationary Period. A regular non-exempt staff employee is probationary and serves at the pleasure of the hiring department during the first six months of continuous employment at the university, or during the first six months of reemployment following a break in service for any reason other than a recall to work after an approved reduction in force. A regular exempt staff employee is probationary and serves at the pleasure of the hiring department during the first twelve months of continuous employment at the university, or during the first twelve months of reemployment following a break in service for any reason other than a recall to work after an approved reduction in force. An employee may be terminated at any time during the probationary period without application of the discipline and dismissal policy and procedures. If the probationary period is interrupted by any authorized leave other than earned sick leave, the probationary period will be extended by the amount of time the employee is absent from work. See UHV Policy C-23.

Reduction in force. Terminations due to a formal reduction in force are covered by a separate reduction in force policy and not by this discipline and dismissal policy.   See UHV Policy C-30.

Inability to perform.  An employee who, after all available leave has been exhausted, is unable to return to work to perform job functions because of medical reasons, may be terminated without application of the discipline and dismissal policy and procedures. Terminations under this provision are not disciplinary in nature, but constitute removal from a position for continuous inability to perform for medical reasons. The Director, Human Resources/Affirmative Action and appropriate vice president must approve all such terminations before any action is taken.

Job Abandonment.   An employee who fails to report to work and/or fails to follow departmental rules for notification of absences for more than three (3) continuous workdays may be considered to have abandoned the job. Job abandonment is a form of resignation, and the employee may be released without application of the discipline and dismissal policy and procedures. An employee contesting the termination by tendering an acceptable reason for failure to report for duty and failure to follow departmental rules for notification of absence my be reinstated to the position if such reason is presented in writing to the department head within a reasonable amount of time prior to the employment of another individual in the vacant position, and if such statement is considered sufficient to excuse the failure.

DEFINITIONS:

Discipline: any action or series of actions taken to ensure effective or correct ineffective job performance and conformance with established work rules.

Dismissal: discharge from employment at UHV. This step is taken when positive steps to improve performance have been taken but performance has not changed; or when an employee has committed a major offense that warrants dismissal.

Regular staff employee: an employee who is appointed for at least twenty (20) hours per week on a regular basis for a period of a least four and a half (4.5) months, excluding students employed in positions which require student status as a condition for employment; and who does not hold a teaching and/or research position classified as faculty.

Non-regular staff employee: an employee appointed to a position which has a total duration of less than 4.5 months; an employee appointed to a position which is budgeted for less than 50% FTE (20 hours per week); an employee appointed to a position which will be compensated in one lump-sum payment; or an employee appointed to a position that requires student status as a condition of employment.

Externally-funded position: a staff position funded by an agency other than UHV but paid through the university payroll system.

Employee working at a remote location: a staff employee of UHV, whose regular worksite may be at a location other than UHV  the campus  at , 3007 N. Ben Wilson, Victoria, Texas.

Exempt position or employee: a position that is classified as exempt from overtime regulations of the Fair Labor Standards Act (FLSA), or an employee serving in such a position. Exempt positions are those designated by the Human Resources Department as administrative, managerial, or professional according to valid job evaluation criteria. Employees serving in exempt positions are paid on a salaried (monthly) basis.

 

RESPONSIBILITY

Discipline is a corrective process to help employees overcome work-related problems, strengthen work performance, and achieve success. It also allows for the termination of employees who will not or cannot change unacceptable behavior or performance.

Supervisors  should  inform employees of rules to be followed, standards of conduct to be met, and work performance to be achieved.  This communication enables employees to recognize expected standards and understand consequences for non-compliance.  Supervisors should administer progressive disciplinary action and/or termination in accordance with university guidelines.

Supervisors are responsible for forwarding records of all disciplinary actions to the UHV Human Resources Department for inclusion in the employee's official personnel file.  Such documents must be forwarded in a timely manner. These documents are necessary to ensure employees are being advised and monitored because of unsatisfactory job performance.

Employees are responsible for learning and abiding the rules, procedures, and standards of the university and its departments, and are responsible for accomplishing the specific duties and responsibilities expected by their positions of employment.  It is generally understood that specific and detailed job specifications and instructions may be required for non-exempt staff employees.  Exempt employees, however, especially those at the higher professional and administrative classifications, are generally expected to understand the duties and responsibilities of their positions and the consequences of  failing to perform according to expectations.

Since the purpose of the disciplinary process is to provide remedial action whenever possible, no disciplinary measures will be undertaken without the employee's knowledge.  Any disciplinary measure or conference will, at a minimum:

  • clearly identify the problem to be corrected or the standard to be met;
  • identify the remedial action expected;
  • state the results of failure to take the specified remedial action;
  • allow the employee an opportunity to respond to any formal disciplinary action in writing, and
  • provide a record of the disciplinary action.

Any written reprimand or letter of suspension will be signed by the supervisor and the employee. The employee's signature will acknowledge receipt of the document but may not necessarily indicate agreement with the action. If the employee refuses to sign, the supervisor may note on the employee's signature block that the employee refused to sign.

A copy of any oral counseling record, written reprimand, letter of suspension, or notice of termination will be placed in the employee's official personnel file in the Human Resources Department.

Authorization and prior approval. Supervisors may authorize suspension or dismissal  after receiving approval from the appropriate cabinet level supervisor, vice president and the Director, Human Resources/Affirmative Action , or their designees. For disciplinary purposes, the level of discipline will be appropriate to the offense. Suspensions without pay may not exceed ten (10) working days. For exempt employees, suspensions without pay must be in increments of five (5) working days, in compliance with FLSA regulations.

 

PROCEDURES

The university has the right to discipline or    terminate a regular staff employee for adequate cause. Each case is evaluated on its own set of circumstances. The following list of infractions may result in disciplinary action, up to and including dismissal. This list is not all-inclusive.

  • Repeated or flagrant acts of inefficiency, incompetence, or negligence in performance of duties.
  • Continued lateness or excessive absenteeism, including absence without approved leave, improper use of sick leave, or repeated failure to report to duty at the assigned time and place.
  • Improper use of university property or equipment, including waste of materials, supplies, or technology resources and/or carelessness resulting in damage to the university's tools, equipment, or other property.
  • Dishonest actions, theft, misappropriation or unauthorized use of university funds or property, or failure to report knowledge thereof. ("Knowledge" in this context means witnessing the dishonest act or receiving direct information from the perpetrator of the act.)
  • Falsification of information to secure a university position or falsification of any other university records.
  • Failure to obtain or properly maintain a current license or certificate required by law or policy as a condition of performing the job.
  • Possession of illegal and/or unauthorized drugs on the university campus or while on university business; the abuse of other drugs and/or alcohol while on university business; or reporting for duty under the influence of alcohol or illegal or unauthorized drugs. The same applies to any habit-forming or disabling substance not prescribed for the employee by a physician.
  • Possession of unauthorized firearms or other dangerous weapons on university premises.
  • Insubordination, willful disobedience, and/or refusal to, or failure to follow directives or perform work properly assigned by a supervisor.
  • Unauthorized release of confidential information from university records.
  • Engaging in incompatible employment or in employment that represents a conflict of interest.
  • Accepting gifts, monies, or other things of value intended as an inducement to perform or refrain from performing an official act.
  • Criminal conduct other than a minor traffic violation (a traffic violation classified as a Class C misdemeanor), or employee's failure to report his/her criminal conduct, if such would adversely affect an employee's work performance, impact the work environment, or cause major discredit or embarrassment to the university.
  • Commission of an act of moral turpitude, including sexual harassment or sexual assault of another employee, faculty member, student, or visitor.
  • Failure to pay monies owed or satisfy other personal financial indebtedness to the university or to the University of Houston System.
  • Failure to abide by the laws of the United States, the State of Texas, municipal authorities, or the rules and regulations of the University of Houston System; including commission of any criminal act when the university is the victim, or any criminal act against another party on university premises.
  • Commission of a willful act, while on duty, that endangers the personal well being and safety of others.
  • Participation in any action that would in any way disrupt or disturb the safe and efficient operation of the university, or of the University of Houston System or any of its  components.
  • Repeated and/or serious violations of the university's sexual harassment policy or other anti-discrimination policies.

Suspension with Pay

An employee may be suspended from employment with pay pending further investigation of a matter, including possible official actions by outside agencies. Suspension with pay requires approval by the appropriate vice president or designee.  There is no time limit for suspension with pay. S uspension with pay should be followed immediately with a thorough investigation of the  situation to determine the appropriate level of discipline, if discipline is required.

During the period of suspension with pay, an employee is considered on active assignment and may be required to be available for university business during normal working hours.

Progressive Discipline

When possible and appropriate, disciplinary action will follow a progressive sequence. The normal sequence of action is as follows

Step 1. oral counseling

Step 2. written reprimand;

Step 3. suspension without pay ; and

Step 4. dismissal from employment.

The purpose of progressive discipline is to ensure that the employee is fully aware of any performance deficiencies that exist and to provide the employee with a reasonable opportunity to improve such deficiencies. However, supervisors  may omit any stage of the above process if, in their opinion and with the concurrence of the appropriate cabinet level supervisor, and the Director, Human Resources/Affirmative Action , the problem cannot be corrected by a less severe form of disciplinary action.

The university specifically retains the right to immediately dismiss an employee without any requirement to pursue progressive disciplinary  action when it is determined by the university that the employee's acts or omissions warrant immediate dismissal.

ORAL COUNSELING

When Appropriate.  A personal conference between the immediate supervisor and the employee is the appropriate disciplinary action in the following circumstances:

  • first occurrences of minor unacceptable deviations from established rules or regulations;
  • establishment of a  pattern of behavior or performance which is contrary to the work goals of the employee's work group or department;
  • decline or deterioration of previously acceptable conduct or work quality to levels below acceptable standards; and/or
  • other instances of poor performance or conduct which interfere with the operation of the work unit or its personnel, but which, by themselves, are not sufficiently serious to warrant a written reprimand.

Documentation of Oral Counseling.  Oral counseling should be documented by the supervisor to provide a written record of the counseling and to provide the employee with a reminder of the work standards expected. Form A may be used for this purpose.  A copy of Form A, signed by both the supervisor and the employee, will be placed in the employee's official personnel file in the Human Resources Department.

Removal of Oral Counseling Form. In the event that no further disciplinary action has occurred after one year following oral counseling and the employee has corrected the original problem, Form A may be removed from the employee's official personnel file.  Removal of Form A from the official personnel file requires a request from the employee or supervisor and the agreement of the Director, Human Resources/Affirmative Action after discussions  with the appropriate supervisor(s).

WRITTEN REPRIMAND

When appropriate. A written reprimand is the appropriate disciplinary action in the following circumstances:

  • failure of the employee to carry out agreed upon corrective actions to establish acceptable work or conduct standards after oral counseling;
  • minor damage to or loss of university property because of the employee's negligence; and/or
  • other deficiencies in performance or conduct which are serious enough to warrant more stringent action than a personal conference or which are similar in severity to the instances described above.

Preparation of written reprimand. The written reprimand will be prepared by the employee's immediate supervisor and, prior to being delivered to the employee, should be approved as to form by the appropriate cabinet level supervisor, and the Director, Human Resources/Affirmative Action . Form B may be used as a guide for preparing a written reprimand.

A copy of the written reprimand, signed by the immediate supervisor and the employee, will be placed in the employee's official personnel file in the Human Resources Department.

Employee recourse.  If the employee disagrees with the cause or content of the written reprimand, the employee may appeal to the next higher supervisory authority.

TEMPORARY SUSPENSION WITHOUT PAY

When appropriate.  Temporary suspension without pay, not to exceed ten (10) working days, is the appropriate disciplinary action in the following circumstances:

  • repetition of actions for which a written reprimand has been previously issued;
  • use of alcoholic beverages or misuse of drugs during work, or reporting to work under the influence of alcohol or drugs;
  • major damage to or loss of university property through negligence or willful misuse by the employee; and/or
  • performance or conduct which interferes with department or university operations or with performance of duties by other personnel and which are similar in severity to the instances specified above.

Suspension of exempt employees.  An exempt employee  may not be suspended without pay for any increment of less than five (5) working days.

Authorization and prior approval.  Supervisors may authorize suspension without pay after receiving approval from the cabinet level supervisor, the appropriate vice president and the Director, Human Resources/Affirmative Action, or their designees. For disciplinary purposes, the suspension will closely follow the offense which it is intended to correct, and its duration will be appropriate to the severity of the offense. Suspension without pay will not exceed ten (10) working days.

Written notice to the employee.  The employee will be given written notice of suspension without pay, as shown in Form C.  In addition to the standard requirements for all disciplinary actions, the notice will clearly state the following:

  • the reason(s) for the suspension;
  • the duration of the suspension, including beginning and ending dates and times;
  • notice that if the employee fails to return to work as expected following the suspension and fails to notify the supervisor of an acceptable reason for the failure to return to work, the employee will be considered to have terminated employment voluntarily.

Payroll action.  When an employee is placed on suspension without pay , the employing department will immediately prepare payroll documents to interrupt pay for the duration of the suspension.  These documents will be forwarded to the Human Resources Department in a timely manner.  At the conclusion of suspension without pay, the employing department will ensure that any payroll action required to reinstate pay to the affected employee is taken in a timely manner.

Employee entitlements during suspension.  An employee who is suspended without pay will retain status as a state employee for purposes of leave accrual, group insurance coverage, and other benefit entitlements during the suspension period to the same extent as an employee who is granted official leave of absence without pay.

Employee recourse.  The employee may appeal the suspension by invoking the university's staff grievance policy.  If it is subsequently determined that suspension was imposed without adequate cause, the employee will receive back pay for the suspension period.  Back pay will be made through supplemental payroll procedures, and the absence from work will be reclassified as an emergency leave of absence.  Records to this effect will be included in the employee's official personnel file in the Human Resources Department.

DISMISSAL FROM EMPLOYMENT

When appropriate.  Dismissal from employment may be the appropriate action in any of the following circumstances:

  • incompetence (including lacking the requisite skills or abilities to perform the assigned job);
  • theft;
  • physical assault against employees, students, or visitors;
  • violation of law, either on or off campus, resulting in a felony conviction;
  • commission of an act of moral turpitude, including sexual harassment of students, visitors, or other employees;
  • gross neglect of assigned duties;
  • insubordination, willful disobedience, and/or refusal or failure to follow directives or perform work properly assigned by supervisor;
  • dishonest actions, including falsification of information to secure a university position or falsification or intentional destruction of any other university records;
  • gross or repeated failure to abide by rules and regulations of the University of Houston System or UHV, or of federal, state, or local laws;
  • mismanagement of a position by action, inaction, or neglect that places the lives or property of others in jeopardy; and/or
  • substandard performance or conduct which continues despite attempts at correction through discipline or counseling and which is similar in severity to the instances described above.

Authorization and approval.  Supervisors may authorize dismissal after obtaining approval from the appropriate cabinet level supervisor, vice president and the Director, Human Resources/Affirmative Action, or their designees.

The supervisor should give written notice of dismissal to the employee, as shown  in Form D, and consisting of the following:

1. the effective date and time of the dismissal;

2. the reason for the dismissal; and

3. a description of previous attempts to correct the problem(s) which constitute the reasons for the dismissal.

Within five (5) working days following the employee's last day of employment, the Director, Human Resources/Affirmative Action  will mail to the employee at the employee's most current address as shown in the official personnel file, a notice of the dismissed employee's right to a post-dismissal hearing.  This notice will be sent to the dismissed  employee by certified letter.  A copy of this notice will be placed in the official personnel file in the Human Resources Department.  The dismissed employee is responsible for ensuring that the Human Resources Department is aware of the correct address to which this notice should be sent.

Post-dismissal procedures.

A dismissed employee is entitled to invoke the procedure described in this section only by requesting a hearing in writing.  The written request must be postmarked or received by the Human Resources Department within five (5) working days of receipt of the notice by the dismissed  employee or by a person who received mail for the dismissed employee at the address on file in the Human Resources Department.

If a hearing is requested, the Director, Human Resources/Affirmative Action will act as soon as possible to select and convene a five-person Hearing Panel.  Three (3) of the Panel members will represent the employee's peers and two (2) of the Panel members will represent the supervisor's peers.  The membership of the Panel will be provided to both parties within five (5) working days, and may be challenged in writing by either party to the Director, Human Resources/Affirmative Action.  Both parties may challenge the selection of a prospective Hearing Panel member one time without a statement of reasonable cause; however, neither party may select or recommend a member of the Hearing Panel.  Any additional challenges by either party must include a statement of reasonable cause. Rulings on challenges with a reasonable cause statement will be made by the Director, Human Resources/Affirmative Action.  A potential Hearing Panel member may elect not to serve based on a conflict of interest.

After a Hearing Panel has been selected, the Director, Human Resources/Affirmative Action  will schedule a date, time, and place for the hearing.  If the Director, Human Resources/Affirmative Action is the dismissing supervisor, the appropriate vice president will designate another administrator to select and convene the Hearing Panel and to assume all hearing responsibilities normally assigned to the Director.

The Hearing Panel will elect its Chair.

A hearing may be postponed by the Chair of Hearing Panel for good cause if a written request is filed with the Chair no later than forty-eight (48) hours before the scheduled date of the hearing.  The Chair will be the sole judge of what constitutes good cause and may set a limit as to how many times a hearing may be postponed.

The Hearing Panel may request that an attorney from the Office of General Counsel sit as an advisor to the panel.  The  attorney would be available to answer procedural questions and to assist in maintaining the decorum of the proceeding.  The attorney will not be present during the deliberations.

Hearing Procedures

The hearing procedures specified below are intended to serve as a broad outline for ensuring a fair and impartial hearing.  However, the Hearing Panel Chair may approve departure from these procedures if, in the opinion of the chair, all parties have been treated fairly and the Panel will have an opportunity to hear both sides of the dismissal action.  The Hearing Panel Chair will be responsible for  maintaining decorum.

Advisors

The dismissed employee may be advised or assisted at the hearing by a person chosen by the dismissed employee.  However,  the person who assists the dismissed employee is not allowed to participate in the hearing, and may not make comments to the dismissed employee which are audible to the Hearing Panel.  Any party who chooses to bring an advisor to the hearing must provide the name of the advisor to the Director, Human Resources/Affirmative Action  at least five (5) working days prior to the hearing date.  Any advisor not listed will not be allowed to attend.  If the dismissed employee’s advisor is an attorney, then an attorney  from the Office of General Counsel must also be present at the hearing to advise the supervisor.

Documents and witnesses

Documents to be presented as evidence and names of potential witnesses must be presented to the  Director, Human Resources/Affirmative Action at least five (5) working days prior to the hearing date.  No new information will be accepted after this date, except in compelling circumstances as determined by the  Director, Human Resources/Affirmative Action or the Chair of the Hearing Panel.  In such event, the hearing will be delayed until all interested parties have had a fair opportunity to consider the new information and prepare a response, if necessary.  There will be a simultaneous exchange of documents and witness lists between the dismissed employee and the supervisor  facilitated and documented by the Director, Human Resources/Affirmative Action two (2) working days prior to the hearing date.

It is the responsibility of the dismissed employee and the supervisor to notify their respective witnesses as to the date and time of the hearing.  It is not the responsibility of the Director, Human Resources/Affirmative Action to contact employees named as potential witnesses by either the dismissed  employee or the supervisor and ascertain whether such employee(s) consent to provide information at the hearing.

Retaliation against any employee for participating or not participating in a post-dismissal hearing is strictly prohibited.  Retaliation by a UHV employee will be handled as a separate disciplinary action under this policy.

Only listed witnesses will be allowed to address the Hearing Panel.  If information is made available to the Hearing Panel during the course of the hearing that the Hearing Panel deems necessary for the resolution of the hearing, the Hearing Panel is vested with the authority to request testimony from additional witnesses or request additional documentation.  The Hearing Panel can only hear testimony from additional witnesses and can only review additional documents if it allows both parties additional time to prepare a response.

The hearing, but not the deliberation, will be electronically recorded so that there is an official record of what occurred.  The Director, Human Resources/Affirmative Action will have responsibility for recording the hearing and no other recording will be allowed.  Either party may obtain a copy of the tapes, at the requesting party's expense.  The request must be made in writing to the Director, Human Resources/Affirmative Action.  The tapes of the hearing will be kept by the Director, Human Resources/Affirmative Action  for at least two (2) years after the hearing date.

Opening Statements, Presentation of Witnesses, and Closing Statements

To begin the hearing, all parties entitled to be present for the hearing will be asked into the hearing room.  The Hearing Panel Chair will have the sole discretion to decide who, other than the Panel members, the dismissed employee, the dismissing department head, and advisors, if any, may be present.  The hearing will be closed and confidential.

The issues to be considered by the Hearing Panel will be limited to consideration of whether there was reasonable cause for the dismissal and whether university policies and procedures were followed.

The Chair of the Hearing Panel  will state for the record the names and positions of parties to the hearing, the date and time of the hearing, and the names of all persons present in the hearing room at the beginning of the hearing.

The Chair of the Hearing Panel  will ask each party, beginning with the dismissing supervisor, to make a brief opening statement.

The dismissing supervisor will present evidence and witnesses in support of the decision to dismiss the former employee.

The dismissed employee may present evidence and witnesses in rebuttal to the decision to dismiss.

The Hearing Panel Chair may restrict the number of persons allowed to appear as character witnesses.  In such case, the party presenting character witnesses will be asked to choose one witness who can provide a summary character assessment.

Each party may ask questions of the other party or of witnesses appearing on the other party's behalf.  The Hearing Panel Chair will have the sole discretion to determine the order and relevance of such questions.

Any member of the Hearing Panel may question the dismissing supervisor, the dismissed employee, or any witness.  After both parties and the Hearing Panel have concluded questioning the witness, the witness will be reminded that all testimony is confidential and will be excused from the room.  Witnesses will not be present during the questioning of any party or any other witness.

When all evidence and witnesses have been presented by both parties, the dismissing supervisor and the dismissed employee may each make a closing statement, subject to a time limitation set by the Panel Chair.

The Hearing Panel Chair will adjourn the hearing.

Disruptive Behavior

Disruptive behavior by any participant, as determined by the Hearing Panel, will not be tolerated and will be grounds for expulsion from the hearing.

Deliberation

After the hearing is concluded, the Hearing Panel will deliberate in closed session and arrive at a majority decision.

Hearing Panel Outcomes

Within five (5) working days, the Hearing Panel  will prepare and submit a report to the Director, Human Resources/Affirmative Action, who will forward the report to the appropriate vice president.  (If the vice president was involved in an earlier appeal by the dismissed employee, the findings will be forwarded to another vice president or Cabinet-Level supervisor.)  The report will state findings of fact and will make a recommendation that the dismissal either be upheld or overturned. The complete hearing file will be returned to the Director, Human Resources/Affirmative Action for storage.

Action by Vice President

After receipt of the Panel's report, the vice president will, within three (3) working days, make an appropriate decision.  The vice president will:

1. accept the recommendation of the Hearing Panel; or

2. enter a decision different from that of the Hearing Panel, providing a written explanation for the deviation from the Panel's recommendation. This written explanation will become part of the permanent hearing file; or

3. return the case to the Hearing Panel with instructions to rehear the case, to conduct further deliberation, or to answer specific questions.

The decision will be delivered to the Director, Human Resources/Affirmative Action, who will then notify the dismissed employee and the supervisor.

Appeals

Both the dismissed employee and the dismissing supervisor have the right to appeal to the President. A ppeals must be received in the President's office not later than ten (10) working days after the person appealing has been notified of the action taken by the vice president.  If either party has requested an interview or is requested to appear for an interview by the President, then both parties must be informed. T he intent of the President's review is not to hear new evidence.  The intent of this review is to insure that the hearing and recommendations of the Hearing Panel were not arbitrary, capricious, or discriminatory, did not violate the rights of the parties and did not violate the concepts of fair play to both parties.

The President shall respond in writing to the appeal within fifteen (15) working days from the date of receipt.  A copy of the response shall be forwarded to the Director, Human Resources/Affirmative Action  for inclusion in the hearing file.  The decision of the President is final.

Approved by:

Signature obtained            3/2/04      
Don N. Smith, Ph.D.          Date
Interim President

Next review date: February 2006 Origination: Human Resources

Documentation of Oral Counseling  [form A]

Written Reprimand (Example) [form B]

Notice To Employee of Suspension W/O Pay (Example) [form C]

Notice of Dismissal From Employment (Example) [form D]

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