1.1 The purpose of this policy is to describe regulations and procedures to be allowed in the event that discipline or dismissal of a non-faculty employee becomes necessary. The regulations set forth herein apply to all non-faculty employees of the University of Houston-Downtown, and they will be enforced without regard to race, sex, age, religion, national origin, job-related handicap, or veteran status.

1.2 It is the policy of the University of Houston-Downtown to formulate, publish, and enforce rules and regulations which are essential to the safe and efficient conduct of institutional operations. Supervisory personnel are responsible for informing employees of rules to be followed, standard of conduct to be met, and work performance to be achieved. Employees are responsible to learn and to abide by the rules, procedures and standards of the institution and its departments and constituents. Employees who fail to abide by such rules, regulations, and standards will be subject to disciplinary action and/or dismissal.

1.3 Adherence to the regulations and procedures provided in this policy will ensure the following:

1.3.1 A progressive system of discipline designed to remedy deficiencies, when possible and practicable, to the mutual advantage of the institution and the employee;

1.3.2 An orderly routine for fair, consistent, and impartial treatment of disciplinary matters;

1.3.3 A mechanism for ensuring that consideration is given to employee concerns in disciplinary matters.

2. GENERAL DISCIPLINARY REGULATIONS

2.1.1 Inefficiency, incompetency, or negligence in the performance of duties;

2.1.2 Excessive absenteeism, including absence without approved leave; habitual improper use of sick leave privilege; habitual pattern of failure to report for duty at the assigned time and place;

2.1.5 Failure to obtain or properly maintain a current license or certificate required by law as a condition for performing the job;

2.1.6 Possession and/or use of alcohol, drugs, or other intoxicants while on duty; or reporting for duty under the influence of alcohol, drugs, or other intoxicants;

2.1.10 Engaging in employment or discharging duties which present a conflict of interest;

2.1.11Accepting of gifts, monies, or other things of value intended as an inducement to perform or refrain from performing any official act.

2.1.12 Commission of any act of moral turpitude, including sexual harassment of another employee, student, or visitor,

2.1.13 Failure to abide by the laws of the United States, the State of Texas, municipal authorities, or the rules and regulations of the institution;

2.1.14 Commission of a willful act that endangers the personal well being and safety of others or of property while on duty; and

2.1.15 Participation in any action that would in any way disturb the safe and efficient operation of the University of Houston-Downtown.

2.2 Responsibilities in imposing discipline. The institution is responsible for showing adequate cause why an employee should be disciplined. Since the purpose of the disciplinary process is to provide remedial action whenever possible, no disciplinary measures will be undertaken without the employees knowledge. Any disciplinary measure or conference will, as a minimum.

2.2.1 Clearly identify the problem to be corrected or the standard to be met;

2.2.4 Allow the employee an opportunity to respond to the disciplinary action orally or in writing (in cases in which the employee has difficulty communicating in the English language, the employee will be allowed the opportunity to respond through a representative); and,

2.2.5 Provide a record of the disciplinary action. All documents pertaining to the disciplinary action will be signed both by the supervisory authority and the receipt of the document but may not necessarily indicate agreement with the action. At each disciplinary stage, the employee will be allowed an opportunity to register a response to the supervisory authority either orally or in writing. The content of this response will be noted in the written record. This total record will be signed both by the employee and by the supervisor, and a copy will be placed in the employee's official file in the personnel office. 2.3 Consideration of employee concerns. When conflicts between an employee and a supervisor remain unresolved, the employee may seek relief or consideration from the next higher authority by presenting a written and/or oral request for reconsideration. The reviewing authority will respond to the employee's concerns in writing, and this review decision will become part of the total record maintained in the employee's personnel file.

2.4 Progressive discipline. When possible and practicable, disciplinary action will be progressive. The purpose of progressive discipline is to insure that the employee is fully aware of any performance deficiencies. However, supervisory and management personnel may initiate discipline action at any stage of the "the process. if. in their opinion, the- problem cannot be corrected by a less severe form of disciplinary action. Disciplinary action will proceed through the following stages:

2.4.1 Personal conference between supervisor and employee;

2.4.2 Written reprimand;

2.4.3 Suspension without pay (not to exceed five working days); and/or

2.4.4 Dismissal from employment

2.5 Employee entitlement during suspension. An employee who is suspended without pay will retain his status as a state employee for purposes of leave accrual, group insurance coverage, and other benefit entitlements during the suspension period.

2.6 Cause for dismissal of non-probationary employees. The institution is responsible for showing adequate cause why a non-probationary employee should be dismissed. Dismissal from employment is the appropriate action in the following circumstances;

2.6.1 Substandard performance or conduct which continues despite one or more attempts of correction through discipline;