2. Conduct Subject to Disciplinary Action

1. Work Performance

1. Failure to maintain satisfactory work performance standards can result in disciplinary action, including dismissal. The term “work performance” includes all aspects of an employee’s work.
2. Work performance is judged by the supervisor’s evaluation of the work performed by each employee. When, in the opinion of the supervisor, the work performance of an employee is below standard, the supervisor must take appropriate action.

2. Misconduct

1. All employees are expected to maintain standards of conduct acceptable to the work environment. Disciplinary action, including dismissal, may be imposed for unacceptable conduct.
2. Examples of unacceptable conduct include but are not limited to:

1. falsifying timesheets, personnel records, or other records;
2. neglecting duties, loafing, or wasting time during working hours;
3. smoking anywhere except in designated smoking areas;
4. gambling or participating in lotteries or any other games of chance on the premises at any time;
5. soliciting, collecting money, or circulating petitions on the premises other than within the rules and regulations of the University;
6. bringing intoxicants or drugs onto the premises of the University, using intoxicants or drugs on the premises, having intoxicants or drugs in one’s possession on the premises, or being under the influence of intoxicants or drugs on the premises at any time (see also Handbook of Operating Procedures (HOP) 8-1030, "Manufacture, Sale, Possession, Distribution, or use of Alcohol or Illegal Drugs");
7. abusing or wasting of tools, equipment, fixtures, property, supplies, or goods;
8. creating or contributing to unhealthy or unsanitary conditions;
9. violating safety rules or accepted safety practices;
10. failing to cooperate with a supervisor or coworker, impairing the function of a work unit, or engaging in disorderly or disruptive conduct, including unprofessional behavior;
11. neglecting duties or failing to meet a reasonable and objective measure of efficiency and productivity;
12. theft, dishonesty, fraud, or unauthorized use of University property including written and electronic records and confidential information;
13. creating a condition hazardous to another person on the premises;
14. destroying or defacing University property or records or the property of a student or employee;
15. refusing to follow instructions, perform designated work, or to adhere to established rules and regulations;
16. repeated tardiness or absence, absence without proper notification to the supervisor or without satisfactory reasons;
17. unacceptable, inappropriate, or improper use of computing or mobile devices;
18. failing to maintain confidentiality of strategic or deliberative processes, making inappropriate use of information learned on the job or using University platforms for personal use;
19. violating the policies or rules of the University or UT System.

4. Discipline Procedures

1. The supervisor will review the evidence and the proposed disciplinary action with the chief human resources officer (CHRO) or their designee.

2. Once the supervisor has sought and obtained the concurrence of the CHRO or their designee, they must then obtain the concurrence of the employee's department head or administrative equivalent.

3.  The supervisor must inform the employee in writing of the reasons for the proposed action and the facts upon which the supervisor relies. This notice is effective upon sending an email to the employee’s University email address. The notice must inform the employee of their opportunity to respond in writing, within a reasonable time not to exceed two working days after notice is given, to persuade the supervisor that the grounds for the disciplinary action are mistaken or incorrect. This pre-disciplinary notification is meant to avoid mistaken decisions and is not intended to definitively resolve the proprietary of the disciplinary action being considered. Failure of the employee to timely respond does not extend the available period for response. An employee’s response should not include factual assertions or arguments that are irrelevant to the proposed disciplinary action.

4. If the supervisor is not persuaded by the employee’s written response, the supervisor will provide written notification to the employee of the disciplinary action, including the following:

1. whether the discipline is demotion, suspension without pay, or dismissal;
2. the effective date the of demotion, suspension without pay, or dismissal;
3. the period of suspension without pay (not to exceed five working days; to be determined in consultation with and approval of the CHRO);
4. the specific basis for the disciplinary action;
5. if applicable, any previous efforts to make the employee aware of the need to change or improve work performance or conduct;
6. the relevant rule, regulation, or policy the employee violated, if any;
7. notice of the employee's right to appeal; and 
8. a copy of the appeal procedure.

5. A supervisor, with approval of the CHRO, or CHRO's designee, may decide to:

1. Stay implementation of the discipline during the pendency of any impacted employee’s appeal; or
2. Continue or place the employee on appropriate leave until the appeal is concluded; or
3. Immediately implement the discipline, including separating an employee, while permitting the impacted employee’s appeal to be post discipline.

Procedure For Written Appeal

1. An employee may appeal a dismissal, suspension without pay, or demotion by submitting a written appeal to the appropriate vice president, administrative equivalent, or designee for the employee’s department within ten days after written notification of the disciplinary action. An untimely appeal will not be considered unless an extension is granted for good cause by the CHRO. The appeal must be delivered via email to the supervisor who signed the disciplinary action. Once the appeal is submitted, no additional changes or additions may be made unless permitted by the vice president or administrative equivalent.

2. A appeal must contain:
   1. A clear and concise statement of the reason(s) the employee believes the disciplinary action to be inappropriate;
   2. The name(s) and contact information of any witness that may have information relevant to the employee’s appeal of the disciplinary action; and
   3. Any additional relevant information the employee wants to submit in support of their written appeal. An employee must not include facts or arguments that are irrelevant to the disciplinary action.

3. Within ten working days following the receipt of the written appeal, the employee’s supervisor shall submit the employee’s written appeal, any written response submitted by the employee’s supervisor, and all documentation relevant to the disciplinary action to the appropriate vice president or administrative equivalent, or their designee. A copy of the employee’s personnel file may also be submitted by the supervisor to the vice president, administrative equivalent, or designee.

4. Within ten working days following receipt of the information from the supervisor, the vice president, administrative equivalent, or designee, will render a written decision. The decision will be sent electronically and by certified mail to the employee’s last known home address that is maintained by the Office of Human Resources. The employee is responsible for keeping the Office of Human Resources notified of their current mailing address. The decision of the vice president, administrative equivalent, or designee is final and will be placed in the employee’s personnel file.

5. Effect of Successful Appeal on Employee Benefits
   1. An employee who is demoted or suspended without pay continues to accrue vacation and sick leave, to be covered by group insurance, and to be entitled to other employee benefit programs. Employment actions that affect an employee’s pay will necessarily cause a commensurate adjustment to pay-dependent benefits.

2. If an employee successfully appeals a demotion or suspension without pay, the employee is entitled to payment for any wages lost because of the demotion or suspension.

6. If an employee successfully appeals a dismissal, the employee shall be reinstated to the same or similar position. If the dismissal was immediately implemented and then reversed on appeal, the impacted employee is entitled to payment of back wages less any unemployment benefits received by the employee after the date of dismissal. Employee benefits such as vacation and sick leave shall either be credited back to the date of dismissal or paid as leave balances upon completion of the appeal process.

6. Records of Disciplinary Actions

8. Forms & Tools

 None 
 

9. Frequently Asked Questions

None
 

10. Related Information

Regent's Rules and Regulations, Rule 30601 – Discipline and Dismissal of Classified Employees

HOP 8-1030 – Manufacture, Sale, Possession, Distribution, or Use of Alcohol or Illegal Drugs
 

11. History    

Modified: August 21, 2024
        Next scheduled review: August 2027

Modified: September 1, 1992

Previously HOP 9.49