POL 5.055 Discipline

Kirtland’s disciplinary policy and procedures are designed to provide a structured process for performance improvement and the prevention of repeated misconduct. It has been designed in compliance with applicable laws and in accordance with Kirtland’s mission and core values.

Kirtland will implement a progressive disciplinary process but retains the right to determine appropriate disciplinary action based on the facts and nature of the conduct. Kirtland may consider the severity of the offense, the employee’s job performance, prior violation of work rules and policies, the impact of the employee’s behavior on the institution, and other relevant circumstances in determining appropriate disciplinary action.

This policy is applicable to all employees (including full-time, part-time, temporary, and casual). This policy is not designed to infringe upon employment provisions within any existing collective bargaining agreement.

The following list provides examples of conduct that may result in disciplinary action and is not designed to be exhaustive:

1. Failure to meet Kirtland’s standard of conduct (POL 5.005 – Employee Code of Conduct) or violation of the Employee Handbook.
2. Poor attendance – including habitual tardiness or absence, failure to work as scheduled, or engaging in poor timekeeping.
3. Failure to meet job dimension performance standards.
4. Unsatisfactory work quality or neglecting to complete tasks and responsibilities.
5. Failure to comply with Kirtland policies and procedures (POL 5.100 – Compliance with College Policies).
6. Failure to comply with discrimination, harassment, EEOC, or any other applicable federal or state laws.
7. Being under the influence of intoxicating substances while performing job duties (including abuse of otherwise lawful drugs).
8. Gross misconduct (including but not limited to – theft, bullying, acts of workplace violence, sabotage, falsification of documents, harassment, divulgence of confidential information, embezzlement, fraud, misappropriations, or engaging in unethical or criminal behavior).
9. Knowingly or willfully disregarding a directive of a College official.
10. Conviction of any felony or misdemeanor that may adversely affect college operations or job performance, as determined by the College.
11. Public statements (written or verbal) made by an employee that may limit, impair, or impede the ability of administration to manage, perform, or execute the operations of the institution.

This policy is not intended to restrict communications or actions protected or required by state or federal law.

This policy does not constitute an employment contract.

Approved April 13, 1995
Revised January 19, 2005
Revised April 17, 2022

5.055 Discipline Procedure

Any employee faced with disciplinary action may request and have the presence of another reasonably available and appropriate person (generally a peer colleague) during a disciplinary proceeding. If the employee is a member of a bargaining unit, a bargaining unit representative may be present. Eligible employees who believe they were improperly disciplined may file a grievance (please reference the appropriate contract, or POL 5.425 as applicable). Should discipline be required, it is the intent of the college that it be corrective, private (excepting individuals requested by the employee to be present) and conducted with due consideration for the dignity of the employee(s) affected.

1. Verbal warning:  The supervisor will hold a meeting with the employee and will retain appropriate documentation of the meeting to be forwarded to the director of human resources for inclusion in the employee’s personnel file in the event a written warning becomes necessary. During the meeting, the supervisor will explain to the employee in specific terms what problem exists. The discussion should emphasize the importance of resolving the problem and the supervisor should ask for suggestions for correcting the problem. The supervisor may set a date within a reasonable timeframe by which the problem must be eliminated. The supervisor may establish means by which to monitor progress and provide feedback to the employee.
2. Written warning:  If after a verbal warning, the employee’s performance or conduct does not improve, the supervisor will present the employee with a written warning.
   1. The supervisor will set up a counseling session with the employee to discuss the written warning.
   2. After discussion, both the supervisor and the employee will sign the disciplinary form.
   3. The employee may respond, in writing, to the disciplinary notice within ten days.
   4. All documentation will become a permanent part of the personnel file.
3. Final warning and suspension:  If after the verbal and written warnings, the performance or conduct does not meet the administration’s expectations, the supervisor will prepare a final written discipline. Upon notification of the director of human resources and with the agreement of the president, the supervisor will inform the employee that he/she will be suspended for a period of time as is considered appropriate with or without pay. In addition, the employee will be notified that any further occurrence or failure to comply may lead to termination.
4. Termination:  If after previous disciplinary action, the performance or conduct still does not meet the previously discussed expectations, the employee will be terminated (see termination policy, POL 5.145).
5. Exception:  When several different incidents occur, or if any single incident is sufficiently severe, any one or all steps of this procedure may be eliminated and an employee may be subject to immediate termination. The president shall have the discretion to determine whether steps of progressive discipline are to be omitted. The board of trustees shall be informed.