DEPARTMENT OF RESIDENCE EDUCATION AND HOUSING SERVICES STUDENT EMPLOYEE DISCIPLINE POLICY Live On Student Staff

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1 DEPARTMENT OF RESIDENCE EDUCATION AND HOUSING SERVICES STUDENT EMPLOYEE DISCIPLINE POLICY Live On Student Staff Employment Issues We believe in a culture of learning and collaboration that empowers staff to achieve collectively far more than is possible for any one individual. Although the relationship between Supervisor and student employee is symbiotic, there are times situations arise in the course of supervisory and employment relationships that may be resolved by informal strategies. Often, clarification of a job expectation or feedback about a particular situation may be sufficient to correct employee behavior or performance issues. In some instances, the formal employee discipline process may be warranted and necessary. This document provides some of the policies and processes applicable to the following student staff positions: Resident Assistants, Community Coordinators and Assistant Community Directors. For additional policies, please reference the RHS Student Team member guide at Attendance Tardy Policy Tardy is defined as checking in more than 10 minutes past the start of your shift. Shifts are defined as duty, meetings, programs and any other scheduled job commitments. If you receive 2 warnings for being tardy, you will activate the discipline process. You are expected to be on time to events where an accountability figure is not present. Unexcused vs. Excused Absences Every job is important, and yours is no exception. It is necessary that you report to work according to your schedule to remain in good standing as an employee. We are a flexible employer but it is your responsibility to keep us informed to remain in good standing. If you are going to be late, or miss a shift, see your neighborhood position manual for specific reporting procedures. If you are scheduled to work and are unable to do so (for example: You become ill or there is a schedule conflict), you are responsible for finding a substitute who is capable of performing your job. If you fail to report to work without finding a substitute, the absence will be unexcused. Major emergencies or illnesses will be taken into consideration on an individual basis. If you are ill, verification from your doctor s office may be required for the absence to be considered excused. The leadership team will make the final determination for dependability issues. The failure to get advanced approval to be absent to a scheduled work shift will result as an unexcused absence. No Call No Show (NCNS) The failure to provide advanced notice that you will be absent for a scheduled shift time is considered a NCNS. Resigning Without Notice and Finals Week While it is professional courtesy to provide a minimum of a two week notice for resignation, failure to provide such a notice does affect the ability to be rehired in any capacity with Michigan State University. All resignations should be provided in writing to your full time Supervisor.

2 By accepting an employment opportunity with Residence Education and Housing Services, you have made a commitment to work the entire semester including Finals Week, school breaks and holidays. Please be advised that any accumulation of disciplinary documentation greatly affects your chances for promotion and rehire within RHS. Disciplinary documents will remain a part of your Department of Residence Education and Housing Services employment record. Uniform/Appearance Policy You are expected to be neat and wear appropriate clothing as outlined in fall training. Failure to meet these expectations will result in the activation of the discipline process. Guest Policy You are responsible for all behaviors and actions of your guests. Guests should not be performing any job duties. If your guest violates any policy, this may result in activation of the discipline policy. Violating Policies Off Duty You as a student employee represent not only Michigan State University but also Residential Hospitality Services (RHS) Residence Education and Housing Services (REHS) and may be looked upon as a role model by your peers. Any violation of University or REHS policy, even while not on duty, is no trivial matter. This includes propping doors, smoking within 25 feet of a building, violating the alcohol policy, harassing other students or staff members, and other violations as defined in RHS Student Team Member Guide. Violations of this sort may result in disciplinary action up to an including termination. Process Supervisors must adhere to the following procedures when an employee has: Allegedly failed to meet performance expectations. Allegedly committed an act of misconduct warranting disciplinary action. Exhibited attendance concerns. Step1: The supervisor will write letter with the concern. The supervisor will provide the employee with a letter summarizing the problem. The letter will include: The specific problematic performance or misconduct, specifying the date, time, and place of the action(s); including the specific University or residence hall policy, rule, ordinance, or regulation allegedly violated (if applicable) The possible disciplinary actions that could result; A statement that the employee may be accompanied by an advisor who is a member of the University community (faculty, staff or student) if desired. A digital copy of the Student Employee Discipline Policy. The date by which the employee must schedule a meeting with the supervisor to review the allegations; A request that the employee be prepared to respond to the allegations at the meeting; The employee must be given time to carefully review the information provided in the letter, including the Student Employee Discipline Policy. The employee cannot choose to waive this requirement. 2. During the meeting, the supervisor will discuss the specific allegations/infraction, allow the employee to review any documentation, and provide an opportunity for the employee to respond. The supervisor may investigate further as necessary. 2

3 3. After the meeting, the supervisor will determine whether employee discipline is warranted and, where warranted, provide the employee with a written decision including: A statement of the specific policy, regulation, or rule violated; A summary of the employee s failure to meet job expectations; A summary of the factors that led to the discipline; The disciplinary action to be taken and the supporting rationale; A summary of previous disciplinary action(s), if any; A summary of any behavior modification expected of the employee (for warning or probation) and a date by which this must be accomplished; The support/assistance the supervisor will provide; A statement indicating that failure to correct the behavior by the established date will result in further disciplinary action; A statement of the employee s right to appeal the decision using the employee appeal process (procedures enclosed with letter). 5. Copies of the allegation/decision letters and discipline forms will be placed in the employee s personnel file, with copies sent to the full-time area supervisor and Assistant Director of Human Resources. In cases in which the allegations or disciplines are found to be without merit, no copies of the letter(s) of concern, decision or discipline form(s) will be placed into the employee s personnel file. Progressive and Summary Discipline Action Employment actions may be either progressive or summary depending on the severity of the situation. Supervisors will discuss all employment actions with their immediate supervisor prior to taking action with the employee. Supervisors must consult with the appropriate supervisor before they decide to place an employee on probation, or to suspend or dismiss an employee. Only full-time staff may suspend or terminate a staff member s employment. Progressive actions are cumulative and generally will be used for minor policy violations or repeated violations of policy where appropriate. Progressive actions are generally also used where an employee has failed to meet performance expectations, but where termination may not be appropriate. Disciplinary action taken will usually increase in severity with repeated violations, and may eventually result in employment termination. The steps of progression are as follows: Written Warning Probation Suspension/Termination All discipline notices are in effect for 15 calendar weeks (rolling calendar). All situations will be judged on a case-by-case basis. If you receive a discipline letter, you will be required to set up a meeting time with a Supervisor within the week to discuss the offense. Written Warning A written warning is appropriate for minor infractions or performance problems after verbal warnings and/or informal coaching has failed. A written warning should help the employee understand the specifics of the problem, the necessity for correcting the behavior, and the specific corrections required. A full discussion by both the supervisor and the employee is desirable. Actions that may initially result in a warning include the following (this list is not exhaustive): Failing to meet expectations regarding administrative tasks on multiple occasions; Failure to report for duty on time, missing a required meeting, being repeatedly late for required meetings; 3

4 Failure to complete minimum programming requirements; Failure to keep supervisor informed about floor residence hall issues, failure to address floor/residence hall problems; Negative attitude toward the assigned position, duties, supervisor, and Department of Residence Education and Housing Services. Probation Probation is appropriate for an initially more serious violation or as a second step in progressive action after a written warning. Actions that may result in probation include the following: Repeating actions stated under written warning; Failure to report for duty or leaving the building while on duty without the expressed permission of senior staff; Violating Federal, State, Local, or University policy (termination is also possible depending on the rule and the individual situation); Failure to keep the supervisor informed about serious floor/residence hall issues, failure to address serious floor/residence hall issues Not supporting other staff members or functioning as a good team member. Failure to discourage residents or staff from violating Federal, State, Local, or University/Departmental policies and expectations of which one has knowledge (termination is also possible depending on the rule and the individual situation). Suspension A staff member may be suspended pending the outcome of a campus investigation or hearing where a serious violation of University policy, rule, or regulation is alleged or where serious performance problems have not been corrected. Suspension may also result pending the outcome of a criminal hearing where there is a threat to the health, safety, or property of the residence hall community. The decision to suspend is made only by a full-time staff member in consultation with the appropriate Assistant Director and does not indicate a presumption of guilt. When suspension occurs, the employee must return all keys except room or apartment keys and is not to perform any job duties during the suspension period. The suspension may be with or without pay depending on the circumstances of the particular situation. In certain cases, the employee may be required to move to a temporary housing location pending the outcome of the disciplinary process; this decision is made by the Assistant Director for the area. Termination Termination may result in cases of a serious violation of University policy, rule, or regulation is alleged or where serious performance problems have not been corrected. In addition, employment may be terminated when opportunities for corrective action have been provided but performance has not improved. Termination may be progressive or summary. If a supervisor terminates an employee s contract or if an employee resigns during the contract period, the employee may be expected to vacate his/her room/apartment within five calendar days and return all keys, even if the termination decision is being appealed. This decision is made by the Assistant Director for the area. Following termination, former employees may be permitted to continue their residence in University housing, but will not be permitted to reside on the same floor, in the same residence hall or apartment building. Staff whose employment has been terminated will not be eligible for appointment to a Residence Education position in another building. Examples of conduct that may result in termination include, but are not limited to: Abusing the power inherent in the position; Assaulting or harassing another person; 4

5 Selling or using any type of illegal substance Failure to discourage residents or staff from violating Federal, State, Local, or University/Departmental policies and expectations of which one has knowledge (probation is also possible depending on the rule and the individual situation); Violating Federal, State, Local, or University policy Consuming alcohol underage or with an underage student on or off campus, purchasing alcohol for an underage student, hosting or participating in a social event where a common source of alcohol is present, consuming alcohol while officially on duty, or other violations of the Department s alcohol policy (see the Departmental expectations regarding alcohol) Entering student rooms without specific permission or probable cause; Tampering with personal property; Malicious destruction or willful neglect of University property; Refusal to carry out the instructions of the supervisor when such instructions do not require unsafe or illegal acts; Unauthorized possession of University or other s property; Violations of conditions of probation, or repetition of the behaviors which led to probation; Gross negligence resulting in serious injury to property, person, or public relations. Leaving without checking with the Supervisor Excessive failure to punch in or out using your MSU Student ID Excessive or repeated last-minute requests to staff for a shift change (not including emergencies) Providing false information on personnel records Neglecting the assigned job duties or inability to properly perform the assigned job duties Dishonesty Misconduct or Inappropriate behavior (ie. Bullying, etc.) Sleeping on the Job Poor performance evaluation Insubordination Malicious destruction or willful neglect of university property Theft Failure to comply with safety and sanitation expectations Vulgar and obscene language or gestures If an employee appeals the termination decision, the supervisor(s) may limit the duties of the employee pending the outcome of the appeal. This decision must be made in consultation with the appropriate Assistant Director and must be communicated in writing to the employee. Summary action Summary action (usually suspension and/or termination) generally will result from serious policy violations or performance problems. In all cases of summary action, a supervisor must consult with the Assistant Director for the area before taking any employment action. Sexual Harassment Destruction of University Property Misuse of University funds/property Theft Sharing Confidential Information Providing false information on personnel records Being under the influence of alcohol or illicit drugs at work Violence/ Harassment Performing illegal activities while at work 5

6 Appealing a Disciplinary Action Employees may appeal a disciplinary action taken by their supervisor if it is alleged that: 1. The supervisor did not provide notice of the problem and an opportunity for the employee to be heard in his/her own defense; or 2. The applicable procedures for the student discipline process were not followed, or; 3. The evidence fails to support the employment decision or the severity of the action taken. Any appeal must be in writing and must include which criterion (1 and/or 2 and/or 3 above) is the basis of the appeal, details supporting the appeal, and the desired outcome of the appeal. The specified appeal person, as outlined below, must receive the appeal within 2 business days of the employee s receipt of the disciplinary decision. For discipline short of termination, the employee may submit a letter of appeal to an Assistant Director (not from one s own area). The Assistant Director will review the appeal letter and relevant documents. The Assistant Director will review both the content and the procedure followed and will decide to uphold, modify, reduce, or overturn the disciplinary action. The decision of the Assistant Director is final. In cases of termination, the Assistant Director of Human Resources will review the appeal letter and relevant documents and meet with the employee to explain the appeal process. All appeals will be heard by an Appeal Panel. When a student staff member appeals a termination decision, the following will apply: 1. The student staff member is relieved of all job responsibilities during the appeal process. Any questions or requests for assistance related to their role must be redirected to the appropriate live-in staff. 2. The student staff member will hold all rights and responsibilities of a residence hall resident, as outlined in Spartan Life and the Housing Contract. Appeal Panel Procedures Membership: Each academic year, a pool of appeal panel members will be appointed. An appeal panel will consist of 3 members, one of whom holds the same/similar level as the employee; one of whom holds the same position of the employee s supervisor; one of whom is a full-time unit director. In the cases, of Owen/Vanhoosen/UV, as well as Service Center Representatives, the panel would consist of an individual at the same level of the position, and two full time unit directors. Each time the panel receives an appeal, one person from each staff group (respective of the case) will serve, depending on availability and scheduling. None of the appeal panel members will be from the same area as the employee. Procedures: The Assistant Director of Human Resources shall convene the panel and serves as the advisor for the appeal process. The employee must schedule the appeal hearing within 2 business days from the date the appeal was granted. The appeal panel will be convened promptly following the filing of an appeal. The employee and the supervisor(s) must be present during the appeal hearing. Each may be accompanied by an advisor (MSU student, faculty, or staff member), who may be present at the hearing but may not participate in the hearing. It is recommended that the advisor be someone who is familiar with policies and procedures as it relates to the rights of the advisee. The appeal hearing is closed; only those persons listed above will be present for the entire hearing. The employee and supervisor(s) may call witnesses to testify at the hearing who will be present only when addressing the panel. The appeal panel will limit the witnesses to those with direct knowledge of the incident leading to the termination. 6

7 The appeals hearing will follow these procedures: 1. The supervisor(s) will have up to 30 minutes to present information, including the allegations, results of the investigation, and rationale for the decision to terminate the employee s contract. Witnesses may address the panel during this time. 2. The employee will have up to 30 minutes to present information, including the reason for the appeal. Witnesses may address the panel during this time. 3. Following the initial presentations, each party may ask questions of either party and the witnesses, beginning with questions from the supervisor(s). 4. Next, the appeal panel may ask questions of either party and the witnesses. 5. Following the question period, the supervisor(s) will have up to 15 minutes for a closing summary. 6. The employee will then have up to 15 minutes for a closing summary. 7. The appeal panel may extend the allocated time if necessary to allow all parties to present their case. Decision: Following the appeal hearing, the panel will dismiss all parties and review the documentation and evidence presented. Based on preponderance of evidence and by consensus, the panel will make a decision to uphold, modify, reduce, or overturn the termination. The decision will be communicated in writing to the employee and supervisor(s) within 2 business days. If the decision upholds the termination, the employee will be expected to vacate his/her room or apartment within 5 calendar days (if he/she has not already done so), and place of residence may be restricted by the appeal panel (e.g., the employee may not be permitted to reside on the same floor or in the same residence hall in which previously employed). 7

8 Student Employee Discipline Process Outline Supervisor schedules a meeting with the staff member to discuss allegations/incident. If supervisor believes discipline (ie. Written warning, probation, suspension or dismissal) is a possibility, a letter summarizing concern(s) is sent to the employee. Supervisor discusses concerns with staff member, who has opportunity to respond to concerns. Supervisor determines whether disciplinary action is needed. Decision letter/disciplinary Notice sent to staff member. If no disciplinary action is taken, process complete. If disciplinary action is taken, appeal process dependent on the sanction. (See p. 4 of Policy) If disciplinary action results in termination, the appeal process is sent to an appeal panel. (see p. 4 5 of Policy) Revised 6/14/2013 8

9 Revised 3/4/2013 9