D.C. Mun. Regs. tit. 8, r. 8-B1503

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 8-B1503 - MISCONDUCT & PERFORMANCE DEFICIENCIES

1503.1

University employees are expected to demonstrate high standards of integrity, both on and off the job, guided by established standards of conduct, and other Federal and District laws, rules, and regulations. When established standards of conduct are violated or performance measures are not met, or the rules of the workplace are disregarded, disciplinary action is warranted to encourage conformity with acceptable behavior and performance standards or to protect operational integrity.

1503.2

Taking a disciplinary action against an employee is appropriate when the employee fails to or cannot meet identifiable conduct or performance standards, which adversely affect the efficiency or integrity of University service. Before initiating such action, the University will conduct an inquiry into any apparent misconduct or performance deficiency (collecting sufficient information from available sources, including, when appropriate, the subject employee) to ensure the objective consideration of all relevant facts and aspects of the situation.

1503.3

Whether an employee fails to meet performance standards will be determined by application of the provisions set forth in Chapter 19 of this Title.

1503.4

Though not exhaustive, the following classes of conduct and performance deficiencies constitute cause and warrant disciplinary action:

(a) Conduct prejudicial to the University of the District of Columbia and/or the District of Columbia Government, including:

(1) Conviction of any felony;

(2) Conviction of any criminal offense that is related to the employee's duties or the University's mission;

(3) Conduct that an employee should reasonably know is a violation of law or regulation; and

(4) Off-duty conduct that adversely affects the employee's job performance or trustworthiness, or adversely affects the University's mission or has an otherwise identifiable nexus to the employee's position;

(b) False Statements, including:

(1) Deliberate falsification of an application for employment or other personal history record by omission of a material fact or by making a false entry;

(2) Misrepresentation, falsification, or concealment of material facts or records in connection with an official matter;

(3) Knowingly and willfully making an incorrect entry on an official record or approving an incorrect official record; and

(4) Knowingly and willfully reporting false or misleading information or purposely omitting materials facts, to any supervisor;

(c) Fiscal irregularities which include actions that impinge on the financial viability and/or accountability of the University;

(d) Failure or refusal to follow instructions;

(e) Neglect of duty;

(f) Attendance-related offenses, including:

(1) Unexcused tardiness;

(2) Unauthorized absence; and

(3) Falsification of official records concerning attendance (i.e., timesheets, overtime requests, etc.);

(g) Using or being influenced by intoxicants while on duty;

(h) Unlawful possession of controlled substances and paraphernalia;

(i) Safety and health violations;

(j) Discriminatory practices;

(k) Sexual misconduct;

(l) Prohibited personnel practices, such as:

(1) Deceitful obstruction of a person's right to compete for employment;

(2) Granting preference or an advantage to an applicant; and

(3) Discriminating for or against an applicant;

(m) Failure to meet performance standards; and

(n) Inability to carry out assigned responsibilities or duties.

1503.5

An employee of the University's Office of Public Safety and Emergency Management who is authorized to carry a firearm while on-dut y, and/or who is a commissioned police officer, is held to a higher standard of conduct and therefore, will be deemed to have engaged in conduct prejudicial to the University if:

(a) The police officer engages in any act or omission that constitutes a criminal offense; or

(b) There is any credible evidence that the police officer unlawfully used a controlled substance.

D.C. Mun. Regs. tit. 8, r. 8-B1503

Final Rulemaking published at 64 DCR 12703 (12/15/2017)