Unsatisfactory job performance or violations of College rules and regulations can result in disciplinary action. This may include suspension without pay or termination of employment, depending on the seriousness of the problem or the breach of rules and the employee's overall performance record.

Supervisors are expected to deal with such situations in both a timely and fair fashion. In cases of unsatisfactory job performance after the initial probationary period, when correction can be reasonably expected, or in less serious violations of College rules, continuing and term-appointed temporary staff employees will be informed of the nature of the problem and will be provided a reasonable period of time to correct the situation. However, if the employee fails to show expected improvement within a reasonable time frame, the staff member may be suspended without pay or separated from College employment. Casual and seasonal employees may be subject to immediate termination of employment.

Serious breaches of rules, or gross negligence in the performance of work, will result in immediate suspension without pay or dismissal from employment, depending on the severity of the offense. If the College determines, in its sole discretion, that discipline and/or probation is not in the best interests of the College, the staff member may be separated from College employment immediately.

Colby has established informal and formal complaint resolution procedures. Employees may refer to the Complaint Procedures section of the handbook or contact Personnel Services for additional information about these procedures.

WARNINGS, PROBATION, SUSPENSION, DISMISSAL

The following procedures are recommended for use by supervisors when dealing with unsatisfactory job performance or violations of College or departmental rules of a less serious nature. The warnings are designed to ensure that an employee is kept informed of situations that may result in termination of employment.

Oral Warning

The supervisor should inform the employee of the nature of the unsatisfactory performance and in a discussion with the employee indicate the improvement expected. The supervisor should make a written notation of the discussion for his or her own records to document that the oral warning was given.

Written Warning

If the unsatisfactory performance continues or recurs, the supervisor may again discuss the problem with the employee, and the employee may be given a written warning, stating the nature of the unsatisfactory performance, the improvement expected, and the time frame in which the improvement should occur. The employee should sign the letter indicating that he or she has received a copy, and a copy of the letter will be sent to Personnel Services.

The employee will normally be allowed a reasonable period of time to correct the problem, which will be specified in the written warning. If the problem is one that can be easily corrected, such as repeated tardiness or lengthy coffee breaks, the improvement may be expected immediately.

Probation

If the problem is more complex, a longer period is appropriate, normally not to exceed six months, consistent with the department's needs. Failure to attain adequate standards of performance during that period may result in suspension without pay or immediate termination of employment. Notwithstanding any period given for correction, dismissal may result during the period for serious breaches of College rules or gross negligence in the performance of work during that period.

Employees placed on probation will be provided written notice by the College of the reasons for probation and the period of time provided to correct the problem(s). Supervisors must review such action with the Director of Personnel, the Vice President for Administration, or the President prior to placing an employee on probation.

Suspension, Discharge, or Involuntary Termination

If the expected improvement is not achieved by the date specified or if the problem recurs, the employee may be suspended without pay or separated from College employment, depending on the severity of the problem(s). In the case of a suspension without pay, a recurrence of the problem upon return to work will result in immediate separation from College employment.

The employee will be provided with written notice of the action taken by the College. Supervisors must review such action with the Director of Personnel, the Administrative Vice President, or the President prior to suspension or separation of employment.

STANDARDS OF CONDUCT

The College is committed to a healthy and productive workplace atmosphere for all employees. The rules of conduct outlined in this section define the College's expectations of ethical staff-member behavior. Violations of these standards of conduct are a matter of serious consequence, and disciplinary action will result that may include suspension without pay or immediate dismissal from employment.

The following is not considered to be a complete list of all offenses warranting disciplinary action and/or discharge from employment and should be viewed as examples of what the College considers to be serious breaches of acceptable conduct. Infraction of any of the College's rules and regulations contained in other sections of the Staff Handbook as well as this section in particular shall be grounds for disciplinary action, ranging from verbal warning to immediate discharge, depending upon the staff member's overall record and the seriousness of the offense.

Unethical or Illegal Conduct

Intentional and malicious injury or humiliation of fellow employees, including overt discriminatory behavior, and/or gross discourtesy to students, faculty, staff, or guests of the College.

Breach of confidence when confidential matters are an essential part of the staff member's position.

Intentionally supplying false or misleading information on College records, including employment applications, pre-placement medical exams, or personal data sheets, time cards, fringe benefit forms, or other information needed by the College. Alteration or falsification of College records (for example, student grades, time cards, department inventories, financial reports, etc.) are considered serious breaches of the College's standards of conduct.

Assaulting, threatening, intimidating, harassing, or coercing coworkers, students, or others at any time for any reason.

Immoral, indecent, or illegal conduct on College property.

Destruction or defacing of College property or the private property of any member of the College community.

Theft, misuse, or misappropriation of College property or the private property of coworkers, students, faculty, or staff.

Accepting significant gifts, gratuities, or favors from firms, organizations (their employees or agents), or other individuals who provide goods and services to the College. Taking advantage of the office or department in which one works to request or receive favored treatment or special privileges and services is also prohibited.

Misuse of Authorized Leave Privileges

Using an authorized leave granted for a specific purpose (for example, illness or disability) for any purpose other than that for which it was granted. This shall include using such a leave to engage in other employment or activity or for other personal reasons without the specific review and consent of the College.

Failing to report for work at the end of an authorized leave of absence, or an absence of more than three days duration, without notice to the supervisor or department head.

Unacceptable Job Performance

Gross negligence in the performance of work, and/or persistently careless or dilatory workmanship.

Insubordination, uncooperative or disruptive work behavior, or refusal to perform assigned work.

Gross misuse of time on the job. This shall include doing personal or non-College work rather than assigned work by the College; leaving work before the end of an assigned shift, without permission of the supervisor; or repeated misuse of break or meal period times.

Unacceptable Conduct Regarding Safety

Reporting to work or working under the influence of alcohol or narcotics.

Willful disregard for College or departmental safety regulations on the use of protective gear in the course of work or a work assignment.

Transportation or possession of weapons, firearms, fireworks, or other explosives on College property.

Gross negligence in the performance of duty, thereby endangering the health and safety of other members of the College community.

Off-Duty Conduct

The College may also discipline, suspend, or discharge an employee arrested, charged, or convicted for an off-duty drug or alcohol offense or off-duty violation of criminal law. Pending the outcome of a case, the College may suspend the employee without pay or may, in appropriate circumstances, discharge an employee.

The examples outlined of unacceptable conduct are presented as illustrations, and the College reserves the right to dismiss, suspend, or take other appropriate action, including termination of employment, for other reasons. The College has and reserves the right to discipline, suspend, or discharge an individual or take any other appropriate action that it believes necessary to protect the College community or to protect the College's standing in the surrounding community.