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6.5 Corrective Action

Revised July 2005

Staff covered by this policy
This policy applies to Service Maintenance employees at South Bend.

A. Philosophy

Work place performance problems are most appropriately handled by discussion and counseling between the employee and supervisor. In some instances more formal corrective action may be required. Any form of corrective action including oral counseling should be reduced to writing and a copy given to the employee. Copies of corrective actions involving a written warning or greater shall be kept in the employee's personnel file. Employees who have completed the New Employee Evaluation Period shall not be discharged or disciplined without just cause.

B. Application

This policy applies to all appointed employees who have completed the probationary period.

C. Policy

1. The University will only exercise its right to employ corrective action and discharge non-probationary employees for just cause. Such right will not be exercised arbitrarily or capriciously.
2. When other means have been unsuccessful—or in severe cases—inappropriate workplace behavior and violations of work rules and practices will be corrected through progressively more severe corrective actions. The specific corrective action that will be taken depends upon the circumstances of the situation and the degree that it affects the work environment.
3. In addition to being progressive in nature, it is important that the degree of discipline be directly related to the seriousness of the offense and the employee's record; therefore, it is possible for steps to be skipped or repeated.

D. Steps of Corrective Action

1. Appropriate corrective action may include:
   1. Verbal warning
   2. Written warning
   3. Second written warning
   4. Final written warning, which may include a suspension without pay
   5. Termination
2. All of these corrective action steps will not necessarily apply in all cases as a suspension or discharge may be warranted on the first occasion of an extremely serious offense.

E. Procedures
The following procedures shall generally apply to the corrective action process:

1. Employees shall have the right to have a union representative present at any corrective action meeting. This shall include a reasonable opportunity to make arrangements for the attendance of a union representative. Management shall advise the employee of his/her right to union representation at all stages of corrective action.
2. During any meeting concerning a corrective action matter, the employee must be given a reasonable opportunity to ask questions and provide information or an explanation about the conduct or performance that is under review.
3. In cases where corrective action could include termination or loss of pay, the meeting with the employee shall take place prior to reaching a final decision and the supervisor must consider the employee provided information prior to a final determination concerning corrective action or termination. Where the safety of persons or security of property is threatened or to prevent disruption of the workplace, the employee may be required to immediately leave the worksite.
4. Employees shall be notified by their supervisor as soon as practical of any work performance or conduct that is subject to corrective action. In cases involving loss of pay or termination, such notification must be within ten (10) workdays of the incident or the time the supervisor reasonably became aware of the incident.
5. Employees shall be provided copies of corrective action taken against them. A copy of such corrective action shall also be placed in the employee's personnel file within fourteen (14) days from the disciplinary action. Provided there has not been a corrective action for an offense of a similar or related nature in the interim, corrective action reports which are twelve (12) months or more from the date of the current offense will not be used for the purpose of imposing additional corrective action on an employee.
   1. The twelve month limit on the use of corrective action does not apply to any corrective action taken for the following offenses: theft, falsification of University records, sexual harassment, workplace violence, or any conduct that could lead to termination for the first offense, or other types of harassment prohibited by University policy or law.
6. Employees covered by this policy may file a grievance concerning any corrective action or termination in accordance with the procedures and limitations of the Problem-Grievance Resolution Procedure. During the New Employee Evaluation Period of an appointed employee, no matter concerning the discipline, layoff or termination of such employee shall be subject to the fourth step of the Problem-Grievance Resolution Procedure.