D.C. Mun. Regs. tit. 8, r. 8-B1511

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

Rule 8-B1511 - CORRECTIVE & ADVERSE ACTIONS: FINAL ADMINISTRATIVE DECISION

1511.1

The Final Administrative Decision relating to a corrective, adverse or summary disciplinary action will constitute the University's final determination on the matter and will be made by the Deciding Official.

1511.2

In making the Final Administrative Decision, the Deciding Official will consider the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action and supporting materials, the employee's response (if any), and any report of investigation, if applicable.

1511.3

The Final Administrative Decision will be issued within fourteen (14) days of receipt of the employee's response to the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action.

1511.4

The Deciding Official may:

(a) Sustain the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action;

(b) Reduce the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action;

(c) Remand the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action to the Proposing Official with instructions for further consideration; or

(d) Dismiss the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action.

1511.5

The Final Administrative Decision must be in writing, dated, and signed by the Deciding Official, and will:

(a) Provide a concise summary of the action(s) being taken and the effective date of the action(s);

(b) Succinctly enumerate each independent cause for which the corrective or adverse action is being taken;

(c) Set forth a penalty for each enumerated cause;

(d) Demonstrate reasoned consideration of the relevant factors set forth in § 1504.2 for each independent action; and

(e) Articulate the employee's appeal rights, if any.

1511.6

In addition to the information specified in § 1511.5, each Final Administrative Decision will be accompanied by:

(a) Copies of materials relied upon by the University in rendering its decision;

(b) A notice of the employee's appeal rights, if any.

1511.7

The Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action will become final upon either the issuance of the Deciding Official's Final Administrative Decision, or the expiration of the fifteen (15)-day employee response period, whichever is later.

1511.8

The Final Administrative Decision will be served on the employee by electronic mail and by first class mail, postage prepaid, to the employee's address of record.

1511.9

A copy of the Final Administrative Decision, and all documents it incorporates, will be placed in the employee's Official Personnel File.

D.C. Mun. Regs. tit. 8, r. 8-B1511

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