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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3339 Miami University |
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Chapter3339-20. Civil Service Appointments |
3339-20-10. Discipline
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(A) Grounds for discipline-
Employees may be disciplined for just and proper cause to include incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the employee's appointing authority, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony.
Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's supervisor or the department of human resources for such absence may be subject to removal for neglect of duty.
This rule does not require the university to initiate disciplinary action if it is determined to be unwarranted nor does it preclude discipline or termination for a shorter period of absence if the absence is of sufficient seriousness.
Possible disciplinary actions are as follows, but not limited to: spoken reprimand, written reprimand, suspension with pay, suspension without pay, reduction of pay, demotion to next lower classification, or dismissal. The appropriate action in each individual case will be selected based upon the relevant facts, history, and/or circumstances. Similarly, whether progressive discipline is appropriate, as opposed to immediate imposition of a greater penalty, will depend upon the relevant facts, history, and/or circumstances.
The denial of a one-time pay supplement, annual increase, or a bonus is not a reduction in pay for purposes of this rule. A voluntary written agreement by an employee to accept a demotion or reduction shall be considered a satisfactory basis for such action in the absence of evidence to the contrary and is not subject to the rules herein. The salary of an employee following demotion shall be set in accordance with the pay plan. This section does not apply to any modifications or reductions in pay or work week authorized in other Miami university rules.
Conviction of a felony is a separate basis for discipline in accordance with Section 124.34 of the Revised code.
(B) Pre-disciplinary process
Before a non-probationary employee is reduced in pay or position, fined, suspended, or removed, or have the employee's longevity reduced or eliminated, she shall be entitled to a hearing before an administrative hearing officer appointed by the university's associate vice president of human resources. The employee will be advised of his/her right to such hearing at the time she is presented with the written charge(s) setting forth the allegations. Such charges may be for a series of events or for a single event. Written notice of the proposed discipline shall include information in sufficient detail to disclose the reasons for the proposed discipline.
The pre-disciplinary administrative hearing will be scheduled no sooner than seven calendar days from the receipt of this letter and the hearing officer will render his/her recommendation(s) to the associate vice president for human resources within seven working days of the hearing. The associate vice president of human resources will render a decision within twenty-one calendar days from the date of the hearing officer's recommendation. In the event of proposed termination the final decision will be made by the associate vice president for human resources.
While most employees choose to present their own case in a pre-disciplinary hearing, employees may bring an advisor of their choice to the hearing. If the employee chooses to bring an advisor to the hearing, notice must be given to the hearing officer at least twenty - four hours prior to the hearing.
An employee may waive his/her right to a pre disciplinary administrative hearing by signing a written waiver any time prior to the scheduled hearing. Where such waiver is filed, disciplinary action may be taken by the university.
Failure of the charged employee to appear at the scheduled pre disciplinary administrative hearing shall automatically waive the right to such hearing. In such event, disciplinary action may be taken by the university.
Whether or not a pre disciplinary hearing is conducted, any employee who is reduced in pay or position, fined, suspended, or removed, or have his/her longevity reduced or eliminated, shall be notified, in writing, of such action. Such written notice shall be delivered to the employee by hand or mailed to the employee's last known home address by certified United States mail prior to discipline being imposed and shall state the reasons for the action. The written notification must include information regarding the employee's appeal rights where applicable.
An interim suspension may be imposed by the associate vice president of human resources before the disciplinary procedures described in this rule are initiated or resolved. During an interim suspension, the employee is relieved of all employment responsibilities; the employee may be prohibited from all or any portion of university premises, university-related activities, or be permitted to remain only under specific conditions prior to the conclusion of the disciplinary process. An interim suspension will be with compensation until the disciplinary procedures are completed.
(C) Appeal rights
In cases of a reduction, a suspension of more than twenty-four work hours, a fine of more than twenty-four hours' pay, or removal, except for the reduction or removal of a probationary employee, the employee will have the right to file an appeal with the state personnel board of review.
Within ten days following the date on which the written notification of disciplined is served, except as otherwise provided herein, the employee may file an appeal of the order in writing with the state personnel board of review. For purposes of this rule, the date on which the written notification is served is the date of hand delivery of the written notice or the date of delivery of the written notice by certified United States mail, whichever occurs first. If an appeal is filed, the remainder of the process will be followed as outlined in the applicable sections of revised code.