Ohio Admin. Code 3339-20-10
Employees may be disciplined for just and proper cause to include incompetency, inefficiency, unsatisfactory performance, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the employee's appointing authority, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony.
Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's supervisor or the department of human resources for such absence may be subject to removal for neglect of duty.
This rule does not require the university to initiate disciplinary action if it is determined to be unwarranted nor does it preclude discipline or termination for a shorter period of absence if the absence is of sufficient seriousness.
Possible disciplinary actions are as follows, but not limited to: spoken reprimand, written reprimand, suspension with pay, suspension without pay, reduction of pay, demotion to next lower classification, or dismissal. The appropriate action in each individual case will be selected based upon the relevant facts, history, and/or circumstances. Similarly, whether progressive discipline is appropriate, as opposed to immediate imposition of a greater penalty, will depend upon the relevant facts, history, and/or circumstances.
The denial of a one-time pay supplement, annual increase, or a bonus is not a reduction in pay for purposes of this rule. A voluntary written agreement by an employee to accept a demotion or reduction shall be considered a satisfactory basis for such action in the absence of evidence to the contrary and is not subject to the rules herein. The salary of an employee following demotion shall be set in accordance with the pay plan. This section does not apply to any modifications or reductions in pay or work week authorized in other Miami university rules.
Conviction of a felony is a separate basis for discipline in accordance with the section 124.34 of the Ohio Revised Code.
Before a non-probationary employee is reduced in pay or position, fined, suspended, or removed, or have the employee's longevity reduced or eliminated, s/he shall be entitled to a hearing before an administrative hearing officer appointed by the university's associate vice president of human resources. The employee will be advised of his/her right to such hearing at the time s/he is presented with the notice of proposed discipline setting forth the charges and the proposed disciple. Such charges may be for a series of events or for a single event. The notice of proposed discipline must include information regarding the basis for discipline in sufficient detail to disclose the reasons and basis for the proposed discipline and a statement that the employee is presumed not responsible until a final determination has been made at the conclusion of the disciplinary process. The notice of proposed discipline must also include:
The parties to the disciplinary proceeding are the employee and the university's representative. In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the complainant (alleged victim) is also a party to the proceeding and shall have all the rights of a party, including without limitation the right to cross examine witnesses through an advisor and a right to appeal the determination by the hearing officer.
The pre-disciplinary administrative hearing will be scheduled no sooner than ten business days from the receipt of the notice of proposed discipline and the hearing officer will render his/her decision within ten business days of the hearing. The decision of the hearing officer shall be final unless an appeal is filed by one of the parties within five business days of the party's receipt of the decision as set forth in the appeal process in paragraph (D) of this rule.
An employee may waive his/her right to a predisciplinary administrative hearing by signing a written waiver any time prior to the scheduled hearing. Once such waiver is filed, the waiver is irrevocable and disciplinary action may be taken by the university.
Whether or not a predisciplinary hearing is conducted, any employee who is reduced in pay or position, fined, suspended, or removed, or have his/her longevity reduced or eliminated, shall be notified, in writing, of such action. Such written notice shall be delivered to the employee by hand or mailed to the employee's last known home address by certified United States mail prior to discipline being imposed and shall state the reasons for the action. The written notification must include information regarding the employee's appeal rights where applicable.
An interim suspension may be imposed by the associate vice president of human resources before the disciplinary procedures described in this rule are initiated or resolved. During an interim suspension, the employee is relieved of all employment responsibilities; the employee may be prohibited from all or any portion of university premises, university-related activities, or be permitted to remain only under specific conditions prior to the conclusion of the disciplinary process. An interim suspension will be with compensation until the disciplinary procedures are completed.
Each party has the right to file a written appeal with the human resources department within seven business days of the written decision by the hearing officer. The appeal should be addressed to associate vice president for human resources.
All parties will be notified if an appeal is filed and will have a seven calendar days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.
Appeals may be filed for one or more of the following reasons:
If the sanction is found to be inappropriate, the sanction may be increased or reduced on appeal.
If it is determined that there was a defect in procedure, new evidence or bias in a hearing officer and if it is determined to be sufficiently substantial to have affected the outcome, a new hearing will be ordered.
The decision to sustain the finding of the hearing officer or change a sanction is final.
Further appeal rights to the state personnel board of review.
In decisions resulting in a reduction, a suspension of more than twenty-four work hours, a fine of more than twenty-four hours' pay, or removal (except for the reduction or removal of a probationary employee), the employee will have the right to file an additional appeal with the state personnel board of review.
Within ten business days following the date on which the written notification of discipline is served, except as otherwise provided herein, the employee may file an appeal of the order in writing with the state personnel board of review. For purposes of this rule, the date on which the written notification is served is the date of hand delivery of the written notice or the date of delivery of the written notice by certified United States mail, whichever occurs first. If an appeal is filed, the remainder of the process will be followed as outlined in the applicable sections of Ohio Revised Code.
The director of human resources may direct an employee to have no contact with another employee or student for a specified period. No contact directives are issued when there is reason to believe that a directive would be in the best interest of the parties and/or the community for maintaining safety. Such situations include, but are not limited to: harassment, threats, physical assault, stalking, domestic violence, dating violence, sexual misconduct, retaliation or other threatening behaviors. No contact directives will typically be issued as mutual and time-limited, meaning all parties involved are subject to the same restrictions for a specified period of time. No contact directives prohibit all forms of communication between designated individuals; direct or indirect, written, electronic, through a third party, or social media. Should any employee fail to comply with a no contact directive, they may be subject to disciplinary action for violating the no contact directive.
No contact directives are distinct and different from court-imposed restraining orders or protective orders. A no contact directive is a university action and is not recognized by city, county or state law as a legal action. If a person wishes to pursue a civil protection order, they must make the request through an appropriate court.
A no contact directive may be requested in writing at any time through the office of human resources. Modification requests will be considered when submitted through the office of human resources and accompanied by evidence to support the request.
The university is deeply committed to maintaining a disciplinary process that protects the rights of the accuser, the accused, and the institution. The university reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate, with appropriate notice to all parties involved, to protect the constitutional rights of those involved or to comply with state and/or federal law. In particular, the university notes that it may well be necessary to supplement and/or alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.
Replaces: 3339-20-10
Ohio Admin. Code 3339-20-10
Promulgated Under: 111.15
Statutory Authority: 3339.15
Rule Amplifies: 3339.15
Prior Effective Dates: 03/12/2015