Student Employee Termination and Grievance             UPPS No. 07.07.04

Procedure                                                                             Issue No. 4

Effective Date: 05/09/2014

Review: December 1 E4Y

 

01.         POLICY STATEMENTS

 

01.01  The purpose of this policy is to establish the termination/separation and employment grievance procedures of student employees as defined in UPPS No. 07.07.03, Student Employment Procedures. 

 

01.02  For involuntary terminations resulting from the illegal use of drugs, refer to UPPS No. 04.04.45, Drug Free Workplace.

 

01.03  The complete check-out procedure for student employees is documented in UPPS No. 04.04.50, Separation of Employment and Interdepartmental Transfers.

 

02.         UNSATISFACTORY PERFORMANCE

 

02.01  Student employees who demonstrate either unsatisfactory work performance or unsatisfactory work attendance may be warned by the supervisor and given time to correct the problem, or be dismissed immediately.

 

The procedure for addressing unsatisfactory performance is as follows: upon documented demonstration of unsatisfactory performance or attendance, the supervisor should immediately warn the student employee in writing and allow a reasonable period for the student employee to improve his or her performance with the understanding that unless the student employee's work performance or attendance improves, his or her employment will be terminated. The supervisor should take steps toward improved communication or instruction enabling the student employee to achieve satisfactory performance.

 

02.02  A separation PCR may be processed, as outlined in Section 05. of this policy, if performance does not improve by the end of the agreed-upon timeframe for correction. Supervisors should apply disciplinary action in a consistent manner for all of their employees. The following list of infractions may result in disciplinary action, up to and including dismissal. This list is not exclusive; other acts or omissions contrary to standard work performance or conduct may warrant disciplinary action:

 

a.   failure to comply with state or federal law; the policies, regulations, rules, and procedures of The Texas State University System, Texas State University, or departments and work units of Texas State;

 

b.   performance, conduct, or behavior, whether by action or omission, that interferes with, or adversely affects, the orderly or efficient operation of Texas State;

 

c.   insubordinate acts toward a supervisor that interfere with or impede efficient operations or the ability of a supervisor to manage or function; or

 

d.   any other behavior that is not in the best interest of the university or that undermines the employee’s ability to continue as a university employee.

 

03.         NON-DISCIPLINARY TERMINATIONS

 

03.01   Definitions

 

a.    Some reasons for non-disciplinary terminations may include: job abandonment, budget constraints, completion of a project, lack of work, or other such valid reasons unrelated to job performance.

 

b.    Job abandonment occurs when an employee is absent for three consecutive workdays without notifying the supervisor of the absence. The university considers any employee who abandons his or her job resigned from employment and will remove the employee from the university payroll effective the employee’s last day worked as reflected by approved time entry.

 

c.    Voluntary resignations may occur at any time by the employee. Student employee check-out procedures should be followed as identified in UPPS No. 04.04.50, Separation of Employment and Interdepartmental Transfers.

 

03.02   Notification

 

a.    Employers must provide the student employee with a written notice at least one week prior to the termination date with a clearly stated reason, unless the student employee has abandoned the job or other formidable situations prohibit advanced written notice.

 

b.    In cases of job abandonment, the supervisor will make a good faith effort to establish contact with or ascertain the whereabouts of the student employee before sending written notice of the termination date. A suggested staff job abandonment template is available on the Human Resources website and it may be modified for use with student employees.

 

c.   Employees that resign their positions should give at least two weeks’ notice in writing.

 

04.         GRIEVANCE PROCEDURE

 

04.01   Student employees have the right to appeal matters regarding their employment which they believe are unjust, improper or unwarranted. The procedure for resolving such complaints and differences is as follows:

 

a.    Step I: The student employee should meet with his or her supervisor as soon as is reasonably possible after there is awareness by either the student employee or supervisor of the concern, and an earnest attempt should be made by both parties to resolve the problem. However, if the student employee has already met with the immediate supervisor to resolve the problem, then he or she need not repeat this step.

 

b.    Step II: If the student employee does not feel the situation has been satisfactorily resolved, he or she should discuss the problem with the department head or account manager within five class days of completion of Step I, unless that person is the same party the student employee met with in Step I. In this event, the student employee should be referred to the department head's immediate supervisor for resolution.

 

c.    Step III: Should the student employee still feel the problem has not been satisfactorily resolved after following Steps I and II, he or she should file a written grievance with the Dean of Students Office within five class days of completion of Step II (Student Employment Grievance Forms are available from the Dean of Students Office and online). An investigation will be conducted by the Dean of Students Office and a written decision rendered within ten working days after the investigation is completed. The decision of the Dean of Students Office is final and binding on all parties. If a grievance should be filed against the Dean of Students Office, the investigation should be conducted by the vice president for Student Affairs or his or her designee.

 

04.02   Student employees are encouraged to seek guidance and assistance from the Dean of Students Office. If a student employee experiences delays or a lack of employer responsiveness, he or she may proceed to the next step in the above-mentioned procedure.

 

04.03  Sexual harassment grievance procedures are outlined in UPPS No. 04.04.42, Prohibition of Sexual Harassment. Harassment may be reported by faculty, staff, students and guests.

 

05.         PROCEDURE FOR PROCESSING SEPARATIONS

 

05.01   A PCR must be processed and approved by the department head indicating the reason and last date of service for the employee.

 

05.02   Departments should provide at least one week's written notice prior to termination, except in cases of flagrant, willful violation of university rules, gross misconduct/insubordination, or violation of applicable statutes.

 

05.03  All correspondence or notifications should be attached to the PCR following the naming conventions outlined by Human Resources for electronic PCRs.

 

06.         NOTIFICATION PROCEDURE

 

06.01  Student employees will be notified of this policy and procedure through reference to this policy in the student handbook.

 

07.         REVIEWERS OF THIS UPPS

 

07.01   Reviewers of this UPPS include the following:

 

Position                                                         Date

 

Director, Career Services                           December 1 E4Y

 

Assistant Vice President for                       December 1 E4Y

Human Resources

 

Associate Vice President for Student      December 1 E4Y

Affairs and Dean of Students                   

 

Director, Office of Attorney for Students  December 1 E4Y

                                                                       

08.       CERTIFICATION OF STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Director, Career Services Office; senior reviewer of this UPPS

 

Assistant Vice President and Director of the Counseling Center

 

Vice President for Student Affairs

 

President