3920 - Dismissal and Discipline of Exempt Employees
Last updated: December 01, 2007
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. In May 2020, revisions were made for clarity and concordance with Board policy. Further information may be obtained from Human Resources (208-885-3638). (ed. 7-97, 7-01, 7-02, 9-06, 12-07, 5-20)
A. Regents' Authority
B. Administrative Leave
C. Procedures Related to Discipline and Dismissal
A. REGENTS' AUTHORITY AND DEFINITION OF ADEQUATE CAUSE.
A-1. All exempt employees of the university are subject to discipline, up to and including dismissal, for adequate cause. "Adequate cause" as defined by Board of Regents policy 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 regents or the university. In addition, any conduct seriously prejudicial to the regents or the university 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 regents or the university; unsatisfactory or inadequate performance of duties; or failure to perform duties. RGP II.L.3. (rev. 5-20)
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 adequate cause for discipline 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 regents and the university. (ed. 12-07, rev. 5-20)
C-1. Departmental, Division, and College Action. When the question arises as to whether adequate cause exists for discipline or dismissal, 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, rev. 5-20)
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 for 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.