2.13.2 Just Cause for Termination of Employment

The University may terminate the employment of regular staff personnel on notice of 30 days, except when there is cause for immediate termination.  Termination of employees during the probationary period carries no provision for pay in lieu of notice.

 

The following statement is intended to be general guidelines to good judgment and fair treatment.  Just cause for termination is not limited to those violations that follow as there may be other offenses committed that may warrant action depending on a number of factors.  The University reserves the right to make changes to the listing contained in sub-paragraphs A and B at any time.  

 

Just Cause shall mean a good cause or legally sufficient reason for the proposed employment action.  It may be a cause based upon acts or omissions detrimental to the University, which is reasonably sufficient to justify that a termination is in the best interest of the University.  A Just Cause for termination may exist where the University’s good faith determination is that the weight of available evidence makes it more likely that misconduct occurred.  Just Cause may also exist without any misconduct, but where a sufficient reason for termination exists, such as a person becoming unable to perform their work despite no one being at fault or an employment position being removed due to legitimate financial, program, or other concerns.  However, for reductions in force, policy 2.13.4, Reduction in Workforce will apply.   

 

1. Falsification of personnel records, including time cards, or an Application for Employment, including making is representations as to one’s credentials;
2. Inexcusable neglect of duty, insubordination, or disobedience;
3. Unauthorized possession or drinking of an alcoholic beverage on University property, or the unauthorized use or possession of narcotics, barbiturates, hallucinogens,  amphetamines, marijuana, or other illegal drug on University property;
4. Unexcused absence of three (3) days without notification or reasonable cause;
5. Theft, unauthorized use, removal or destruction of University property;
6. Unauthorized possession of fire arms, knives, explosives, or other dangerous weapon;
7. Stealing from fellow employees, students, university officials, the University, or others on University property or with University equipment or systems;
8. Serious conduct which reflects negatively on the University and which occurs on University premises;
9. Except for instances where speech is protected by constitutional law, threatening, intimidating, or harassing actions, which unduly and negatively interfere with the rights of others or the effectiveness of the educational or employment environment;
10. Conviction by a court or appropriate tribunal of a criminal offense whether on or off University property;
11. Any act of fighting or violence on University property, unless such action is reasonable in the University’s determination for purposes of self defense; and
12. Violation of the outside employment policy.

 

B.  Examples of offenses, which if repeated, may result in dismissal:

1. Wasting time or loitering;
2. Leaving the University premises or work area without permission during working hours;
3. Misuse of sick leave privileges and benefits;
4. Tardiness or failure to report to work on time;
5. Failure to record time accurately;
6. Negligence in the performance of duty and/or productivity not up to standards;
7. Negligence or abuse in the use of University property and equipment;
8. Failure to report an incident and/or injury of a student, another employee, one’s self, or a visitor on University property;
9. Sleeping during work hours;
10. Falsifying a time report or any other document for the benefit of another employee or one’s self;
11. Violation of or disregard for safety of fire or common safety practices;
12. Reporting for work under the influence of alcohol and/or reporting to work under the influence of narcotics, barbiturates, hallucinogenic, amphetamines, or marijuana;
13. Discourteous treatment of visitors;
14. Gambling on University property;
15. Absenteeism; or
16. Neglect of duty.
17. Any action, which negatively affects the University and is not a legally protected activity.

 

Where termination is brought about by the violation of the criminal law, the University may institute prosecution of employees.  Discharge due to unfavorable conduct does not provide for pay in lieu of notice.  Termination of employees during the probationary period carries no provision for pay in lieu of notice.