Rules_Discipline for Employees

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					                                   CHAPTER _____
           RULES OF PRACTICE AND PROCEDURES FOR DISCIPLINE FOR EMPLOYEES

        Section 1. Authority. These Rules of Practice and Procedure are promulgated by
authority of the Wyoming Community College System Code, WYO. STAT. ANN. §§ 21-18-101 -
317 (2009); Laramie County Community College Board of Trustees Policy Governance Manual,
Category III, Policy 3.3 section 3

        Section 2. Purpose of Rules. The President has the sole authority to dismiss or terminate
a college benefited employee. LCCC’s discipline policy and procedure is designed to provide a
structured corrective action process to improve and prevent a recurrence of undesirable behavior
and/or performance issues. This policy has been designed consistent with LCCC’s organizational
values, Human Resources (HR) best practices and employment laws.

       Section 3. Application of Rules. These rules apply to all instances of discipline of Full-
Time Contract Administrative Employees; Full-Time Contract Faculty; and Educational Services
Staff Employees or any individual with an employment relationship with Laramie County
Community College (LCCC).

       Section 4. Definitions. All of the definitions set forth and contained in the Wyoming
Community College System Code and the Wyoming Administrative Procedure Act are
incorporated herein by reference. In addition, the following definitions are set forth:

        a. Benefitted Employee. Full-Time Contract Administrative Employees; Full-Time
Contract Faculty; and Educational Services Staff Employees or any other employee that receives
benefits associated with employment at LCCC.

        b. Full-Time Contract Administrative Employee. Any employees required to administer
the activities for a recognized department, division or administrative unit of the college.
Administrative responsibilities involve interpreting and implementing college policy and
developing college-wide procedures related to the administrative area assigned.

        c. Full-Time Contract Faculty. This category includes two groups: faculty
(instructional/classroom); and faculty (noninstructional/nonclassroom).

                (1) Faculty (instructional/classroom). Includes professional employees whose
primary responsibilities (50 percent or more time) are to provide classroom instruction to LCCC
students. Full Time Contract Faculty(instructional/classroom) are classified as follows:

                  (a) Probationary Contract Faculty. A full-time faculty member under annual
contract who has not been employed by the College for a length of time sufficient to achieve
continuing contract status.

                  (b) Continuing Contract Faculty. Any faculty member who has been
employed by LCCC for a period of three (3) consecutive school years on a full-time contractual
basis, and who has had his or her contract renewed for a fourth consecutive year. A leave of
absence without pay shall not be applicable toward continuing contract status and shall constitute
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an interruption in service.

               (2) Faculty (noninstructional/nonclassroom). This category includes professional
employees who provide direct instructional or student support but are not primarily responsible
for classroom instruction.

                  (a) Probationary Contract Faculty. A full-time faculty member under annual
contract who has not been employed by the College for a length of time sufficient to achieve
continuing contract status.

                    (b) Continuing Contract Faculty. Any faculty member who has been
employed by LCCC for a period of three (3) consecutive school years on a full-time contractual
basis, and who has had his or her contract renewed for a fourth consecutive year. A leave of
absence without pay shall not be applicable toward continuing contract status and shall constitute
an interruption in service.

       d. Educational Services Staff. There are three types of Educational Services Staff
including: educational services staff Fair Labor Standards Act (“FLSA”) exempt nonteaching
professional FLSA exempt and educational services staff FLSA nonexempt.

              (1) Educational Services Staff (FLSA Exempt). Professional and managerial or
supervisory nonfaculty employees whose responsibilities meet "exempt" criteria as defined by
FLSA.

               (2) Non-teaching Professional (FLSA Exempt). Employees who are in
professional career fields but are not faculty.

                (3) Educational Services Staff (FLSA Nonexempt). Clerical, secretarial,
technical, paraprofessional, skilled craft, service and maintenance employees whose
responsibilities meet "nonexempt" criteria as defined by the Fair Labor Standards Act (FLSA).

      e. Employment relationship. For the purposes of this policy only, a person who has an
employment relationship with LCCC not listed above.

       f. Board. The Laramie County Community College District as set forth in, WYO. STAT.
ANN. § 21-18-102(a)(viii) (2009).

       g. President. The chief administrative officer of LCCC.

        Section 5. General Course of Discipline Procedures. Outlined below are the steps of our
discipline policy and procedure. Discipline may begin at any stage including termination
depending on the nature of the infraction. The level of discipline may also vary. Some of the
factors that will be considered are whether the offense is repeated despite coaching, and/or
training, the employee's work record and the impact of the conduct and performance issues.
        a. Verbal Warning. A verbal warning creates an opportunity for the immediate
supervisor to schedule a meeting with an employee to bring attention to the existing
performance, conduct or attendance issue.
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               (1) The supervisor should discuss with the employee the nature of the problem or
violation of LCCC policies and procedures, as soon as reasonably possible, and communicate
expectations.

              (2) The supervisor and administrator will outline the consequences for the
employee of his or her continued failure to meet performance and/or conduct expectations.

             (3) Within five (5) business days, the supervisor will prepare written
documentation of the meeting to be placed in the employee’s personnel file.

                (4) The employee will be asked to sign this document to demonstrate the
employee has received and reviewed the document detailing the issues, expectations and
corrective action needed. The document must be forwarded to the Human Resources
Department and placed in the employee’ personnel file.

       b. Written Warning. A written warning involves a more formal documentation of the
performance, conduct issues, and consequences.

               (1) The immediate supervisor and administrator over the employee’s work will
meet with the employee and review any additional incidents or information about the
performance, conduct or attendance issues as well as any prior relevant corrective action plans.

             (2) A formal performance improvement plan (PIP) requiring the employee’s
immediate and sustained corrective action will be issued within five (5) business days of the
meeting.

               (3) A warning outlining that the employee may be subject to additional discipline
up to and including termination if immediate and sustained corrective action is not taken may
also be included in the written warning. The document must be forwarded to HR.

       c. Administrative Leave. There may be performance, conduct or safety incidents that
the most effective action may be the temporary removal of the employee from the workplace.
When immediate action is necessary, the immediate supervisor may recommend the employee be
placed on administrative leave pending the results of an investigation.

                (1) Administrative Leave that is recommended as part of this discipline policy
and procedure for employees is subject to approval from the President or his designee. The
President must give written notice by certified mail to the employee of the reasons for
administrative leave. The President is required to notify the Board. All requests for appeal must
be filed with the Board in writing within (10) ten days of the receipt of the President’s written
notice.

                (2) An employee may be placed on administrative leave with pay consistent with
federal, state and local wage-and-hour employment laws.

               (3) HR will provide guidance so that the discipline is administered without
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jeopardizing the FLSA exemption status.


        d. Termination of Employment. If corrective action and/or discipline are unsuccessful,
or the problem or violation is so severe that corrective action is inappropriate or impractical, a
supervisor may recommend the employee be terminated from employment. If termination is
contemplated, the supervisor should contact HR as early as possible for guidance. All
determinations to terminate employment must be approved and completed by the President. The
President must inform the Board of the recommendation. Prior to termination a pre-termination
hearing is afforded to the employee. The person recommending termination must provide
written notice of the reasons for recommending termination to employee and President at least
(48) hours prior to the pre-termination hearing The pre-termination hearing will be held before
the recommended termination date. It may consist of the employee, one additional person chosen
by the employee, the employee’s supervisor(s), a Human Resources Representative, and the
President. The parties will present their facts and documentation to the President. The President
will thereafter take the matter under advisement and make a timely decision based on the
documentation and evidence presented. The President must give written notice by certified mail
of the reasons for termination, including the right to appeal. All requests for appeal must be filed
with the Board in writing within (10) ten business days of the receipt of the President’s written
notice.

       e. Documentation. HR will provide the employee copies of all discipline
documentation, including all performance improvement plans. The employee will be asked to
sign copies of this documentation attesting to their receipt and understanding of the performance
improvement plans outlined in these documents. Copies of these documents will be placed in
the employee’s official personnel file. The employee may provide a written response to any
document contained in the employee’s official personnel file. The response will be kept in
the employee’s official personnel file.

      Section 6. Performance and Conduct Issues Not Subject to Discipline. The following are
examples of behavior that is not subject to the discipline procedures above, but rather warrant
automatic termination. The list is not intended to be exhaustive:

       a. Theft of LCCC property.

       b. Working under the influence of alcohol or illegal drugs.

       c. Possession, distribution, sale, transfer or use of alcohol, illegal drugs, or controlled
             substances in the workplace, while on duty or while operating employer-owned
             vehicles or equipment.

       d. Fighting or threatening violence in the workplace.

       e. Conviction of a violent misdemeanor or felony.

       Section7. Appeal to Board. All employee’s, listed in this policy, appeals of disciplinary
action will be heard by a hearing officer, in accordance with WYO. STAT. ANN. § 16-3-112
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(2009), appointed by the board. The hearing officer’s findings of fact and conclusions of law,
and transcript of the hearing will be reviewed and ultimately decided by a quorum of the Board.




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