Standards of Conduct and Performance for Classified Employees
Date of Current Revision: June 2006
Responsible Office: Human Resources
- PURPOSE
This policy is written to reflect James Madison University’s compliance with the Commonwealth of Virginia’s policy to ensure the clear statement of employee expectations and fair treatment of all classified employees. Standards of Conduct are designed to protect the well being and rights of all employees; to assure safe, efficient university operations; and to assure compliance with law. - AUTHORITY
This policy complies with Virginia Department of Human Resource Management Policy 1.60: Standards of Conduct. - DEFINITIONS
Corrective action:
Any action taken by management to address employment issues, such as unacceptable or substandard performance and/or behavior. Corrective action may range from an informal action such as counseling to formal disciplinary action.
Disciplinary action:
An action taken in response to an employee’s behavior. Disciplinary actions may range from the issuance of an official Written Notice only to issuance of a Written Notice and termination. Disciplinary action also may include demotion or transfer in lieu of termination. In such cases, the university must initiate a disciplinary salary action. With a disciplinary salary action, employees may be retained in their current positions and have their duties reduced or be moved to positions in the same or lower pay band with less job responsibilities. In either case, the employee’s salary must be reduced by at least 5 percent. In no case may an employee’s salary exceed the maximum of the pay band following a disciplinary salary action.
Standards of conduct:
Reasonable and acceptable expectations for work performance and workplace behavior.
Suspension
An employee's absence from work, with or without pay, imposed by the university as a part of a disciplinary action and/or to remove the employee from the workplace pending (1) an investigation related to his or her conduct or (2) a court action.
Unacceptable conduct:
Unacceptable employee behavior for which specific disciplinary action is warranted.
- APPLICABILITY
This policy applies to all classified employees. It also applies, where applicable, to those who supervise classified employees. - POLICY
The Virginia Department of Human Resource Management, in keeping with effective employee relations management, has established uniform rules of personal conduct and performance for classified employees. Additionally, uniform disciplinary guidelines are prescribed when application is necessary.
Classified employees are provided a copy of the classified employee handbook that details this policy.
The Standards of Conduct serve the following purposes:- Establish a fair and objective process for correcting or treating unacceptable conduct or work performance
- Distinguish between less serious and more serious acts of misconduct and provide corrective action accordingly
- Limit corrective action to employee conduct occurring only when employees are at work or when otherwise representing James Madison University in an official or work-related capacity, unless otherwise specifically provided for.
- PROCEDURE
Action to remove employees from the university under this policy must be reviewed and approved by the director of the JMU Office of Human Resources in advance of taking final action.
Unacceptable Conduct
Not all inclusive
The offenses set forth below are not all-inclusive, but are intended as examples of unacceptable behavior for which specific disciplinary actions may be warranted. Accordingly, any action, which, in the judgment of the university, undermines the effectiveness of the university’s activities, may be considered unacceptable and treated in a manner consistent with the provisions of this section.
Grouped according to severity The offenses listed below are organized into three groups according to the severity of the behavior, with Group I being the least severe.
Group I
- Unsatisfactory attendance or excessive tardiness
- Abuse of state time, including, for example, unauthorized time away from the work area, use of state time for personal business and abuse of sick leave
- Use of obscene or abusive language
- Inadequate or unsatisfactory work performance
- Disruptive behavior
- Conviction of a moving traffic violation while using a state-owned or other public-use vehicle
- Violation of JMU Policy 1110, Substance Abuse (considered a Group I offense depending on the nature of the violation)
- Violation of Virginia Department of Human Resource Management Policy 2.30, Workplace Harassment (considered a Group I offense depending upon the nature of the violation)
- Violation of JMU Policy 1302, Equal Employment Opportunity (considered a Group I offense depending upon the nature of the violation)
These offenses include acts and behavior that are more severe in nature and are such that an accumulation of two Group II offenses normally should warrant removal.
- Failure to follow a supervisor's instructions, perform assigned work or otherwise comply with established written policy
- Violating a safety rule where there is not a threat of bodily harm
- Leaving the work site during work hours without permission
- Failure to report to work as scheduled without proper notice to supervisor(s)
- Unauthorized use or misuse of state property or records
- Refusal to work overtime hours as required
- Violation of JMU Policy 1110, Substance Abuse (considered a Group II offense depending on the nature of the violation, such as the use of alcohol or unlawful use or possession of a controlled drug while on the job)
- Violation of Virginia Department of Human Resource Management Policy 2.30, Workplace Harassment (considered a Group II offense depending upon the nature of the violation)
- Violation of JMU Policy 1302, Equal Employment Opportunity (considered a Group II offense depending upon the nature of the violation)
These offenses include acts and behavior of such a serious nature that a first occurrence normally should warrant removal.
- Absence in excess of three days without proper authorization or a satisfactory reason
- Falsifying any records, including, but not limited to, insurance claims, leave records, reports, vouchers, time records or other official state documents
- Willfully or negligently damaging or defacing state records, state property or property of other persons (including, but not limited to, employees, patients, students, supervisors and visitors)
- Theft or unauthorized removal of state records, state property or the property of other persons (including, but not limited to, employees, patients, students, supervisors and visitors)
- Gambling on state property or during work hours
- Fighting and/or other acts of physical violence
- Violating safety rules where there is a threat of physical harm
- Sleeping during work hours
- Participating in any kind of work slowdown or similar concerted interference with state operations
- Unauthorized possession or use of firearms, dangerous weapons, or explosives
- Threatening or coercing persons associated with any state agency (including, but not limited to, employees, patients, students, supervisors and visitors)
- Criminal convictions for illegal conduct occurring on or off the job that clearly are related to job performance or are of such a nature that to continue employees in their positions could constitute negligence in regard to agencies' duties to the public or to other state employees
- Failure of an employee whose job requires carrying a firearm or authorization to carry a firearm to report conviction for a "misdemeanor crime of domestic violence"
- Violation of JMU Policy 1110, Substance Abuse (considered a Group III offense depending on the nature of the violation, such as the use of alcohol or unlawful use or possession of a controlled drug while on the job)
- Violation of Virginia Department of Human Resource Management Policy 2.30, Workplace Harassment (considered a Group III offense depending upon the nature of the violation)
- Violation of JMU Policy 1302, Equal Employment Opportunity (considered a Group III offense depending upon the nature of the violation)
- RESPONSIBILITIES
Supervisors of classified employees must maintain open, honest communication with employees, ensuring that expectations are clear. Supervisors should clearly communicate both when the employee performs excellently as well as when performance is substandard.
The JMU Office of Human Resources is responsible for providing guidance and support witht the progressive disciplinary process including providing Written Notice forms and assisting managers in the application of this policy.
- SANCTIONS
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. - EXCLUSIONS
This policy does not apply to wage employees and faculty members. - INTERPRETATION
The authority to interpret this policy rests with the president and is generally delegated to the director of the JMU Office of Human Resources.
Index Terms:
Disciplinary Action
Standards of Conduct
Suspension
Termination