2022-2023 Administrative Policy Manual Published September 2, 2022 
    
    Apr 23, 2024  
2022-2023 Administrative Policy Manual Published September 2, 2022 [ARCHIVED COPY]

Employee Disciplinary Procedures


Policy Number: 8.4.5
Effective Date: February 27, 2023
Revision History: May 26, 2016
Policy Contact: Chief Human Resource Officer

I. Purpose and Policy Statement

Georgia Gwinnett College supports the establishment of standards of performance and behavior for employees including consistent communication and reinforcement to support a positive campus culture. Supervisors are responsible for establishing performance expectations, coaching employees and providing opportunities for learning and development. They are also responsible for setting standards of performance and behavior for their employees and communicating/reinforcing them on a consistent basis. Employees are responsible for adhering to performance standards, work expectations and rules of conduct, as provided through institutional policies, Board of Regents policies, job descriptions, goals and objective statements and work rules communicated by the supervisor.

This policy provides guidance on the College’s stance when instances occur where an employee fails to meet acceptable standards of performance, or violates established rules of conduct. Supervisors are expected to address matters of concern in a timely manner. Depending on the circumstances and nature of the unsatisfactory performance or conduct, an employee may be subject to disciplinary action.

Disciplinary actions may be administered separately, in combination, and/or as part of a progressive discipline plan; which may also include a combination of a verbal discussion, written warning, or other appropriate disciplinary measures. The Office of Human Resources must be consulted when a supervisor deems a progressive disciplinary plan is warranted. Any written disciplinary action or plan must be approved through the Office of Human Resources in advance of employee notification.

II. Scope

This policy pertains to all employees of Georgia Gwinnett College.

III. Roles and Responsibilities
  1. Chief Human Resource Officer (“CHRO”) or designee: Oversees policy updating and maintenance; provides interpretation of the policy when questions arise; provides consultation and guidance to Human Resource staff and supervisors on complex employee relations issues.
  2. Human Resources: Maintains the policy; maintains employee records; fields, researches and responds to questions; in roles assigned responsibilities related to employee relations, the HR staff member will provide consultation to a supervisor on disciplinary actions and documentation.
  3. Supervisor: Keeps updated on policy guidelines and responds to employee questions; initiates disciplinary action after consulting with Human Resource staff members with delegated employee relations responsibilities.
  4. Cabinet Member or designee: Responsible for being familiar with the policy and guidelines; provides oversight to Supervisor recommending disciplinary actions of written warning related to employees in their units.
IV. Progressive Discipline
  1. Progressive discipline is recommended whenever possible to address, correct and improve unsatisfactory behavior or performance. In any disciplinary matter, it is recommended that the supervisor document the steps of the disciplinary process as they occur, as well as warnings of further potential actions, if the unacceptable performance and/or behavior is not corrected.
  2. The steps involved in the progressive discipline process include verbal discussion, written warning, final warning, suspension, demotion and dismissal. Any disciplinary step may be omitted depending upon the circumstances of the situation.
    1. Verbal Discussion. The initial disciplinary action should be verbal, whenever possible. The discussion should be firm, but fair, and should ensure that the employee clearly understands the established standards and expectations with respect to the unacceptable performance or behavior. A written record of the date and content of such discussions should be documented by the Supervisor.
    2. Written Warning. Written disciplinary warnings usually follow verbal disciplinary action of an employee that does not result in the needed improvement, or when the severity of the initial situation indicates a need for stronger action. The written warning outlines the specific performance and/or behavior that is unsatisfactory, states expectations, and lists consequences if issues continue.
    3. Final Written Warning. A final written waring is provided when previous verbal and written warning actions have been administered and the unacceptable behavior or performance issues continue to occur.  Previous warnings may be omitted if the action or performance concern is severe enough that future violations could result in termination. The final written warning outlines the previous disciplinary steps that have been taken, the issue that continues to be problematic, and the consequence of further occurrence of the issue. Termination of employment may occur if the desired results are not obtained following a final written warning.
    4. Suspension.
      1. An employee may be placed on suspension with or without pay (to be determined by the College) as part of either a disciplinary action or pending resolution and/or investigation of an alleged infraction under an institutional policy, Board of Regents Policy, or under federal/state/local law. An employee affected by suspension shall be informed in writing of the reasons for the action taken. The effective date of a suspension shall be five days following the notification. An employee affected by a suspension may appeal to the next level of authority within five business days of the notification of the action.
      2. The employee shall also be entitled to the procedural protections of a hearing before a Board of Review (see GGC Employee Grievance policy). The request must be made within ten (10) business days following the documented adverse action. The Board of Review hearing may take place either before or after the effective date of the employee decision in question.
    5. Demotion.
      1. A demotion is defined as a reassignment from one position to another position at a lower pay grade or salary range. A demotion can also be defined as a reassignment of duties to a lower level of pay, or responsibility, even if there is not a change in the employee’s job title or position. Involuntary demotions may occur if work is eliminated, abolished, or reorganized, as a disciplinary action, or if a classified employee is unable to perform the work at a satisfactory level.
      2. An employee affected by demotion shall be informed in writing of the reasons for the action taken. The effective date of a demotion or suspension shall be five business days following the notification. An employee affected by a demotion, suspension or dismissal may appeal to the next level of authority within five business days of the notification of the action.
      3. The employee shall also be entitled to the procedural protections of a hearing before a Board of Review (see GGC Employee Grievance policy). The request must be made within ten (10) business days following the documented adverse action. The Board of Review hearing may take place either before or after the effective date of the employee decision in question.
    6. Dismissal.
      1. Dismissal of an employee may be recommended by an employee’s immediate supervisor when the employee’s performance, or personal conduct, warrants this level of action. An employee may be terminated for just cause. The Office of Human Resources must be consulted prior to a supervisor taking this action.
      2. An employee affected by dismissal shall be informed in writing of the reasons for the action taken. The effective date of a dismissal is immediate. An employee affected by a dismissal may appeal to the next level of authority within five business days of the notification of the action.
      3. The employee shall also be entitled to the procedural protections of a hearing before a Board of Review (see GGC Employee Grievance policy). The request must be made within ten (10) business days following the documented adverse action. The Board of Review hearing may take place either before or after the effective date of the personnel decision in question.
    7. Other Disciplinary Action.
      1. Other disciplinary actions may also be imposed under special circumstances. In any disciplinary matter, the circumstances shall dictate the nature of the disciplinary action imposed and whether or not progressive discipline, or immediate termination is appropriate. Where warranted, any of the above actions may occur separately, or in combination.
      2. For certain disciplinary matters, an impacted employee shall be afforded an appeal opportunity, where requested, as outlined in institutional policies and/or Board of Regents Policy. After the disciplinary action is provided to an impacted employee, the employee shall have ten (10) business days to file an institutional appeal, where applicable, under the GGC Employee Grievance policy. Refer to the GGC Employee Grievance policy for matters eligible for appeal.
      3. Supervisors who are considering dismissal, demotion, suspension or other disciplinary actions are required to contact the appropriate Chief Officer and the Office of Human Resources for guidance prior to initiating a disciplinary action. Legal Affairs shall be consulted where appropriate. Actions involving dismissals, demotions or suspensions require prior approval from the President or designee.
V. Work Expectations and Rules
  1. For additional guidance on the college’s work expectations and examples of unacceptable conduct, supervisors and employees are encouraged to review the examples noted below, established work area rules, applicable institutional policies, and Board of Regents policies. The list below is not an exhaustive list of unacceptable conduct at Georgia Gwinnett College. Violations under other GGC institutional policies are also actionable and employees participating in such conduct will be subject to disciplinary actions.
  2. Examples of unacceptable conduct and violations of work rules include:
    1. Falsification of employment or other records, including timesheets
    2. Working under the influence of alcohol or working under the influence of an illegal substance
    3. Inappropriate handling or disclosure of confidential information or records
    4. Excessive absenteeism, lateness, abuse of leave, or failure to adhere to established work schedules
    5. Sleeping on the job
    6. Failure to maintain professional standards of conduct with co-workers, affiliates, students, or visitors
    7. Neglect of duty, or failure, or refusal to perform job-related duties and assignments
    8. Illegal manufacture, possession, use, sale or distribution of drugs, or unauthorized use of alcoholic beverages on college premises
    9. Refusal to cooperate with a Georgia Gwinnett College or Board of Regents investigation
    10. Larceny, misappropriation, or unauthorized possession, or use of property belonging to Georgia Gwinnett College, or any employee, student, or visitor
    11. Creating unsafe conditions or contributing to such conditions by act of omission
    12. Misappropriation of institutional or organizational funds
    13. Unauthorized possession, copying, or use of College records to unauthorized persons
    14. Threatening, intimidating, harassing, or coercing of another employee
    15. Gambling on College premises or while engaged in College business
    16. Violation of the College discrimination and harassment policies
    17. Attempting to obstruct or disrupt any teaching, research, administrative, disciplinary, or public service activity, or any other activity authorized to be discharged or held on property owned or operated by Georgia Gwinnett College
    18. Insubordinate or willfully disobedient acts toward the supervising authority
    19. Bringing a weapon on Georgia Gwinnett College property or to college events, including licensed weapons, except as authorized under Georgia Law
    20. Abusive treatment by an intentional or grossly negligent act, or failure to act, which causes harm or potential harm to a student, guest, visitor or an employee including, but not limited to, assault or battery
    21. Insubordinate or willfully disobedient acts toward the supervising authority
    22. Violation of the BOR Gratuities Policy
    23. Conviction of any felony or conviction of a misdemeanor charge if the misdemeanor is materially related to the employee’s job
VI. Discipline and Removal of Faculty Members

The President of Georgia Gwinnett College, or their designee, may at any time remove any faculty member or other employee of the institution for cause. APM 8.3.9 Discipline and Removal of Faculty Members and BOR Policy Manual 8.3.9 Discipline and Removal of Faculty Members shall govern concerns related to unsatisfactory performance and/or behavior of GGC faculty.

VII. Related Regulations, Statutes, Policies, and Procedures

BOR Human Resources Administrative Practice Manual (“HRAP”) Policy on Disruptive Behavior
BOR HRAP Policy on Cooperation in Internal Investigations  
BOR HRAP Policy on Grievance  
8.2.50 Employee Grievance Policy  
8.2.20 Georgia Gwinnett College Ethics