CHAPTER THREE: 3920
EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF
December 2007
3920
DISMISSAL AND DISCIPLINE OF EXEMPT EMPLOYEES
PREAMBLE: This section outlines the procedures for the
dismissal of exempt employees who are being dismissed before the end
of their current term of appointment. For historical background, see 3910.
Unless otherwise noted, the text is as of July 1996. The whole of the policy was
substantially revised July 2002. Further information may be
obtained from Human Resources (208-885-3638). [ed. 7-97, 7-01, 7-02,
9-06, 12-07]
CONTENTS:
A. Regents’ Authority
B.
Administrative Leave
C.
Procedures Related to Discipline and Dismissal
D.
Regents Appeals
A.
REGENTS’ AUTHORITY.
A-1. All employees of the regents
are subject to discipline up to and including dismissal for adequate cause:
"Adequate cause" means one (1) or more acts or omissions which,
singly or in the aggregate, have directly and substantially affected or
impaired an employee’s performance of his professional or assigned duties or
the interests of the Board, institution, agency, school, or office. In
addition, any conduct seriously prejudicial to the Board, an institution,
agency, school or office may constitute adequate cause for discipline, up to
and including dismissal. Examples include, but are not limited to, one or more
instances of sexual harassment or other form of harassment prohibited by law;
immorality; criminality; dishonesty; unprofessional conduct; actions in
violation of policies, directives, or orders of the Board, an institution,
agency, school, or office; unsatisfactory or inadequate performance of duties,
or failure to perform duties.
RGP IIL3. [rev. 7-02]
B.
ADMINISTRATIVE LEAVE. An exempt employee may be placed on administrative leave with pay until
final action is taken by the department administrator or in the case of
dismissal, by the president. [ed. 12-07]
C. PROCEDURES RELATED TO
DISCIPLINE AND DISMISSAL.
In each case, the issue of whether or not good cause for discipline, termination
or dismissal exists is to be determined by an equitable procedure, affording
protection to the rights of the exempt employee and to the interests
of the state of Idaho and its system of higher education. [ed. 12-07]
C-1. Departmental, Division, and
College Action. When reason arises to question the fitness of a
exempt employee, the immediate supervisory officer discusses the
matter with the employee in a confidential personal conference. It is the duty
of the immediate supervisor and the exempt employee to make a good
faith effort to correct any and all deficiencies in the exempt
employee’s performance. A good faith effort must be made to identify and
resolve performance problems at the lowest administrative level. [ed.
12-07]
C-2. University Action. If
problems are not resolved, disciplinary action may be initiated using the
following procedure.
a. The
department administrator shall provide the employee with written notice of
the contemplated discipline and specify a period of time during which the
employee shall have the opportunity to respond in person or in writing.
b. The
employee may respond or decline to respond affirmatively or through
inaction.
c. After considering the
employee's response, if any, the department administrator may impose
discipline or in the case of dismissal, recommend dismissal to the
president.
d. If there is a recommendation
to dismiss, the president or his or her designee must notify the employee in
writing. Such notice may be personally served upon the employee, or be sent
by first-class mail, postage pre-paid, to the employee at the last known
address on file for the employee. If the disciplinary action is other than
dismissal, the department administrator provides the notice in the same way.
The notice must contain a concise statement of the reasons and nature of the
discipline.
e. An employee may use the
grievance process described in FSH
3890 to grieve
disciplinary action.
f. The notice to the employee
imposing discipline is the final decision of the university. The effective
date of the discipline is not affected by the filing of a grievance under FSH
3890.
D.
REGENTS’ APPEALS. A nonclassified employee may elect
to petition the Board to review any final personnel related decision of the
chief executive officer. Any written petition must be filed in the Office of
the State Board of Education within fifteen (15) calendar days after the
employee receives written notice of final action under the internal procedures
of the institution, agency, school, or office. The Board may agree to review
the final action, setting out whatever procedure and conditions for review it
deems appropriate, or it may choose not to review the final action. The fact
that a written petition has been filed does not stay the effectiveness of the
final decision nor does it grant a petition for review unless specifically
provided by the Board. Board review is not a matter of right. An employee need
not petition the Board for review in order to have exhausted administrative
remedies for the purposes of judicial review. (RGP IIM).
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