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For any questions please send e-mail to: NDSU.Policy.Manual@ndsu.edu

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SECTION 220: STAFF JOB DISCIPLINE/DISMISSAL

SOURCE: NDUS Human Resource Policy Manual, Section 25

1. The University shall have the right to discipline or discharge an employee for cause. The employing department should discuss possible job discipline and/or dismissal action with the Director of Human Resources/Payroll to ensure that proper procedure is followed. Any decision with regard to employment, compensation, discipline, or termination should be based upon verifiable job-related criteria.

   1.1 In all cases, the employing department will notify the employee both orally and in writing as to the reasons for the disciplinary action and the employee's right to appeal. A copy of the disciplinary letter should be forwarded to the Director of Human Resources/Payroll for inclusion in the employee's official personnel file.

2. A regular staff employee may be dismissed from employment, suspended without pay, changed to a lower pay rate, or changed to a position with a lower pay rate, for just cause. Just cause includes conduct related to the employee's job duties, job performance, or working relationships which is detrimental to the discipline or efficiency of the institution in which the employee is or was engaged.

3. The employing department shall notify the employee and the Director of Human Resources/Payroll of the proposed action in writing. The written notice must include:

   a.

   A statement that the supervisor intends to dismiss, suspend, or lower the pay rate of the employee.

   b.

   A statement identifying any policies violated by the employee.

   c.

   A statement of the specific charges against the employee; citing the employee's behavior, dates and/or occurrences, witnesses, and other evidence against the employee.

   d.

   Notice that the employee may provide the supervisor with evidence, explanation, or other information in writing which contradicts the allegations and evidence.

   e.

   Notice of how the pre-action review will be conducted.

   f.

   Notice of the employee's status until the final decision is made. (i.e. whether the employee to continue working or be placed on leave of absence with pay)

4. A regular staff employee who is being suspended without pay, changed to a lower pay rate for disciplinary reason or dismissed shall be entitled to a pre-action review. This review will be conducted by the Director of Human Resources/Payroll and may be limited to the written record including the employee's written response to the allegations, or at the option of the Director of Human Resources/Payroll may be conducted in person. The pre-action review shall be held no sooner than three working days from the time notice as provided to the employee.

HISTORY: April 1992; Amended June 1997; August 1999