Procedures for Unclassified Healthcare and Classified Employee Disciplinary Actions

Preface

Contained herein are the official University of Kansas Medical Center Procedures for Classified Civil Service and Unclassified Healthcare Employee Disciplinary Actions. These procedures are effective September 2, 1997, and supersede all disciplinary procedures in effect prior to this date. These procedures are published in accordance with State Statutes and the Kansas Department of Administration Personnel Regulations. All administrators, supervisors, and classified/unclassified health care employees should become familiar with these procedures. Questions relative to these procedures should be referred to supervisors by employees. Managerial or supervisory staff should contact the Department of Human Resources.

Information in this pamphlet may need to be revised should state statutes, Board of Regents policy, or other factors warrant.

• Dismissal, Suspension, or Demotion of Permanent Employees
• General Information
• Procedure Prior to Dismissal of a Permanent Employee
• Grounds for Dismissal of a Permanent Employee for Deficiencies in Work Performance
• Procedure for Dismissal of a Permanent Employee for Job Performance
• Grounds for Dismissal of a Permanent Employee for Personal Conduct
• Procedure for Dismissal of a Permanent Employee for Conduct

A permanent employee may be dismissed, suspended without pay for no more than thirty (30) calendar days, or demoted because of inefficient performance of duties, disciplinary reasons, or other good cause. No permanent employee shall be dismissed, suspended, or demoted for political, religious, racial, or other reasons unrelated to merit.

The University of Kansas Medical Center has adopted a progressive system of discipline to be used in cases of misconduct or unsatisfactory performance. Generally, the progressive system provides that an employee will receive the lowest form of discipline appropriate to the misconduct or other infractions committed. Steps included in KUMC's program are: (1) Informal counseling; (2) Formal counseling; (3) Suspension without pay; (4) Demotion, Dismissal.

In cases of first occurrence of infractions of a non-serious nature, the informal counseling shall be verbal and no record of such shall reside in the official employee's file.

1. Procedure prior to dismissal, suspension, or demotion of a permanent employee.

1. When it appears that the personal conduct or job performance of an employee is unsatisfactory, the supervisor or other designated person (hereafter "supervisor") shall:

1. explain why the employee's personal conduct or performance of the job has not been acceptable;
2. provide an opportunity for the employee to present an explanation or justification for his or her personal conduct or performance of the job;
3. discuss ways of correcting the employee's personal conduct or job performance and;
4. develop a plan for improvement

2. When an instance of misconduct or poor job performance is determined to be of a serious nature, the Medical Center may by-pass any or all of the established progressive system of discipline. In such cases, the suspension, demotion, or dismissal of an employee may be proposed in the absence of any prior counseling. Employees so disciplined will retain all applicable appeal rights.

2. Grounds for dismissal, demotion, or suspension of a permanent employee for deficiencies in work performance.

1. Grounds for dismissal, demotion, or suspension of a permanent employee for deficiencies in work performance include, but are not limited to, the following:

1. inefficiency or incompetency in the performance of duties, or inability to perform the duties;
2. negligence in the performance of duties;
3. careless, negligent or improper use of state property;
4. failure to maintain satisfactory and harmonious relationships with the public and fellow employees;
5. habitual or flagrantly improper use of leave privileges;
6. a habitual pattern of failure to report for duty at the assigned time and place or to remain on duty; and
7. failure to obtain or maintain a current license or certificate or other authorization required to practice a trade, conduct a business or practice a profession.

3. Procedure for dismissal, suspension, or demotion of a permanent employee for job performance.

1. If, within a reasonable period of time, the employee's job performance does not improve, the supervisor and chairperson or department head shall prepare a performance evaluation for the employee. The evaluation shall be discussed with the employee, and the employee shall be asked to sign and date the evaluation. The employee shall then be given a copy of the evaluation. A permanent employee, within seven (7) calendar days after being informed of his or her evaluation, may appeal in writing to the agency head. The same applies to certain employees on probation. See Personnel Regulation 1-7-11.

2. If the evaluation rating is "unsatisfactory," a second evaluation shall be made in the manner described above, not sooner than 30 or later than 180 days after the first evaluation.

3. If each of the two evaluation ratings is "unsatisfactory," the chairperson or department head may recommend dismissal of the employee and use the two evaluations as the reason.

4. If the Appointing Authority proposes to dismiss, demote, or suspend a permanent employee for deficiencies in work performance without the two evaluations described by Subsection (B) above, and if the employee appeals the action the Appointing Authority shall be required to show that the employee was adequately counseled concerning the nature of the deficiencies in work performance and concerning what was expected of the employee in correcting the deficiencies.

4. Grounds for dismissal, demotion, or suspension of a permanent employee for personal conduct detrimental to the state service.

1. Grounds for dismissal, demotion, or suspension of a permanent employee for personal conduct detrimental to the state officer or employee;

1. gross misconduct or conduct grossly unbecoming a state officer or employee;
2. conviction of a criminal act;
3. immoral conduct;
4. willful abuse or misappropriation of state funds, materials, property or equipment;
5. making a false statement of material fact in the employee's application for employment or position description;
6. participation in any action that would in any way seriously disrupt or disturb the normal operation of the agency, institution, department or any other segment of state government;
7. trespassing on the property of any state official or employee for the purpose of harassing or forcing dialogue or discussion from the occupants or owners of such property;
8. willful damage to or destruction of state property;
9. willful endangerment of the lives or property of others, or both;
10. possession of unauthorized firearms or other lethal weapons while on the job;
11. performing duties in a brutal manner, or mistreating, neglecting or abusing a patient or resident or other person in the employee's care;
12. refusal to accept a reasonable and proper assignment from an authorized supervisor (insubordination);
13. being under the influence of alcohol or drugs while on the job;
14. knowingly releasing confidential information from official records;
15. use of the employee's state position, use of the employee's time on the state job, or use of state property or facilities by the employee in connection with a political campaign;
16. exhibiting other personal conduct detrimental to state service which could cause undue disruption of work or endanger the safety of persons or property of others, as may be determined by the Appointing Authority;
17. gross carelessness or gross negligence;
18. grossly improper use of state property; and
19. sexual harassment arising out of or in connection with employment.

5. Procedure for dismissal, suspension, or demotion of a permanent employee for conduct.

If, within a reasonable period of time, the employee's conduct does not improve, the supervisor and chairperson or department head shall prepare a recommendation to the Appointing Authority that the good of the service will best be served by proposing the dismissal, suspension, or demotion of the employee (if the action in of such severity as to require immediate disciplinary action, that action should be discussed with the Appointing Authority or his/her designated representative). If such recommendation is made, the Appointing Authority shall determine whether such a proposal should be made, based upon the circumstances.

1. If the recommendation is considered reasonable, the Appointing Authority shall send to the employee a notice stating the reasons for the proposed action and the proposed effective date of such action, which shall not be less than three (3) calendar days nor more than fourteen (14) calendar days following the date the notice of such action is personally delivered to the employee or deposited with the post office as certified mail. The notice shall also include a statement which gives the date, time, and place for the employee, if he or she chooses, to reply in writing or appear in person or both before the Appointing Authority on the issue of the proposed dismissal, suspension, or demotion. Any such reply or appearance shall be prior to the time such dismissal, suspension, or demotion was specified in the notice to become effective. For classified employees, a copy of the notice shall be sent to the State Director of Personnel Services ("State Director").

2. If the employee so requests, the Appointing Authority, or upon initiative of the time for reply or appearance or both if the circumstances warrant may be extended. The proposed dismissal, suspension, or demotion shall not become effective until after the extended period has expired or until the effective date given in the notice, whichever is later.

3. If conditions warrant, the Appointing Authority may relieve the employee of or change the employee's duties during the notice period. If the employee is relieved from duty during such period, the employee may, at the discretion of the Appointing Authority, be continued in pay status or may be placed on leave of absence without pay.

4. The Appointing Authority shall send the employee, by certified mail, return receipt requested, a copy of the final decision as to the suspension, dismissal, or demotion of the employee. The notice shall inform the permanent employee of his/her right to appeal the decision to the Civil Service Board. A copy of the notice shall also be sent to the State Director.

5. Any permanent employee finally dismissed, suspended, or demoted may request in writing within thirty (30) calendar days after the effective date of the dismissal, suspension, or demotion a hearing to determine the reasonableness of such action. At the hearing, the burden of proof shall be upon the employee to establish that the Appointing Authority did not act reasonably in taking such action.

6. At any time prior to the effective date of the proposed dismissal, suspension, or demotion, or, if an appeal is taken to the State Civil Service Board, at any time prior to the final decision of the Civil Service Board, the Appointing Authority, with the approval of the employee and the State Director, may withdraw or modify the action proposed to be taken against the employee.

Dismissal of Probationary Employees

Grounds Procedure for dismissal

1. Grounds

A probationary employee may, at any time during the probationary period, be dismissed for the following reasons:

1. Inefficient performance of duties.
2. Other good cause as determined by the Appointing Authority.
3. Civil Service procedures were not followed in appointing the employee.

2. Procedure for dismissal

1. On or before the date or dismissal, the employee shall be sent/given a notice from the Appointing Authority stating the reasons for the employee's dismissal and the date that the dismissal is effective.
2. The notice shall also state that the employee has an opportunity to appear before the Appointing Authority or respond in writing to the dismissal.
3. A promotional appointee whose job performance is unsatisfactory shall be demoted to the class from which he or she was promoted if the employee had permanent status in the class from which promoted.

Presumed Resignation

In addition to voluntary resignation as described in K.A.R. 1-11-1, the following conduct shall be deemed a resignation:

1. Unauthorized and unexplained absence from work for a period of five (5) consecutive working days may be considered by the Appointing Authority as abandonment of the job and a presumed resignation. The Appointing Authority must make a reasonable effort to contact the employee prior to proceeding with the resignation of the employee.
2. Failure to return to work at the expiration of an authorized leave of absence, or upon notice by the Appointing Authority that a leave has been terminated. (Military leave expires within ninety (90) days after the release from required military service.)