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Policies

Human Resources

06:44:00 Employee Progressive Disciplinary Procedures

 

  1. Introduction
    1. To provide a fair and equitable means to address the unsatisfactory work performance or work-related behavior, including gross misconduct, of employees who have completed any required initial probationary period. To provide fair and uniform procedures including due process if required by law, to correct, discipline, or terminate employees for unsatisfactory work performance or work-related behavior or for gross misconduct.
    2. These procedures do not preclude the College Administration from skipping any or all of the steps if deemed warranted. These procedures do not constitute a contract and employment remains at an at-will relationship terminable at any time without cause.
    3. The process for terminating tenured faculty can be found in College Policy 02:19:01.
  2. Unsatisfactory Work Performance or Work-Related Behavior
    1. Supervisors must contact the Office of Organizational Culture and Engagement (OCE) prior to taking any disciplinary action other than an oral warning.  OCE will ensure that such action is appropriate and consistent with college and/or System Office policy. OCE may consult with the TBR Office of General Counsel, as appropriate.
    2. Unsatisfactory work performance or work-related behavior is the failure or refusal to carry out job responsibilities, failure to follow college, department, or unit policies or rules.
    3. Reasonable efforts should be made to secure acceptable work performance and work-related behavior. When disciplining an employee, supervisors should consider the nature of the unsatisfactory work performance or work-related behavior, the past record of the employee, and the appropriate corrective action and/or level of discipline. Therefore, as a general rule, corrective and/or disciplinary action taken for unsatisfactory work performance or work-related behavior should generally begin with an oral or written warning and may be followed by additional oral or written warnings. Written warnings and performance improvement plans should be presented to the employee and should describe the unsatisfactory work performance or work-related behavior and the action necessary to correct the performance or behavior. Should an employee fail to attain a satisfactory level of work performance or work-related behavior despite such warning, additional disciplinary action up to and including termination of employment may be taken. OCE should be provided with and retain copies of all disciplinary action, including written warnings and performance improvement plans.
    4. Depending upon the nature of the unsatisfactory work performance or work-related behavior, warnings prior to disciplinary action, including but not limited to termination of employment, may not be required.
  3. Progressive Disciplinary Procedure
    1. Disciplinary or other action to improve performance is to be taken with care to assure fairness and equity.  Disciplinary action includes the following actions: counseling, verbal warning, written warning, performance improvement plan, disciplinary probation (different from initial probationary period), suspension without pay, demotion, and termination. As warranted by circumstances, an employee, with the exception of tenured faculty, may be terminated at any point in the disciplinary process.
    2. The procedure may include the following steps.
      1. Counseling
        1. Supervisors are encouraged to have frequent conversations with their direct reports regarding performance expectations.
        2. Employees should be be given a thorough description of the duties and tasks required for his/her position and expected standards of performance/behavior. 
        3. Performance concerns that do not constitute a policy violation, or significant performance issues should be addressed through counseling.
      2. Verbal Warning
        1. If there is a problem or reoccurrence of problem(s) requiring action stronger than counseling, the supervisor may consider a verbal warning.
        2. Employee should be given a thorough description of the duties and tasks required for his/her position and expected standards of performance/behavior.
        3. The employee should be advised of the nature of the problem and any previous attempt(s) to resolve the problem. He/she should then be informed that he/she is receiving an official verbal warning. The supervisor issuing the verbal warning should follow-up the conversation with an email to the employee describing:
          1. Date and time of warning.
          2. Nature of offense, and date(s) of occurrence.
          3. Previous action(s) taken to resolve the problem(s).
          4. Specific action required from employee and reasonable period of time for the employee to take corrective action. This period must not extend beyond any period of probation the employee may be serving.
          5. Actions to be taken if the problem is not resolved or reoccurs during the time frame specified.
          6. Comments of employee concerning the problem.
          7. The right of the employee to discuss the problem with the person next in supervisory line.
      3. Written Reprimand
        1. If there is a problem or reoccurrence of problem(s) requiring a stronger action and that constitutes a policy violation, the supervisor may consider a written reprimand upon consultation with the person next in supervisory line and a member of OCE.
        2. Employee should be given a thorough description of the duties and tasks required for his/her position and expected standards of performance/behavior.
        3. The employee should be advised of the nature of the problem and any previous attempt(s) to resolve the problem. He/she should then be informed that he/she is receiving an official written reprimand. The written reprimand issued to the employee must be documented in writing and should include:
          1. Name of employee.
          2. Nature of offense and date(s) of occurrence.
          3. The violated policy.
          4. Previous action(s) taken to resolve the problem(s).
          5. Specific action required from the employee and reasonable period of time for the employee to take corrective action. This period must not extend beyond any period of probation the employee may be serving.
          6. Action(s) to be taken (such as recommendation of termination) if the problem is not resolved or reoccurs during the time frame specified.
          7. The right of the employee to discuss this action with the person next in line of supervision.
          8. A statement that the employee was told that a copy of the written reprimand will be placed in the employee’s personnel file.
          9. Written documentation of written reprimand should be signed and dated by both employee and supervisor with copies to the employee, department file, and personnel file.
            1. The written reprimand will be placed in the employee’s personnel file regardless of employee signature.
            2. Any written statement provided by the employee in response to the reprimand will be attached to the warning placed in the personnel file.
      4. Performance Improvement Plan (PIP)
        1. Employees may be placed on a PIP at any time during their employment by a recommendation from the supervisor and approval of their division Vice President and a member of OCE with supporting documentation.  
        2. PIPs should include specific performance gaps, measurable expectations, the length of the plan, typically ninety (90) days, and any scheduled check-ins and required documentation to move forward.
        3. The goal of a PIP is to provide targeted, measurable steps to correct employee performance. PIPs should address performance issues and may not address policy violations.
          1. Attendance policy violations may be addressed in a PIP in conjunction with other performance concerns.
        4. Employees may be placed on a disciplinary probation in conjunction with a PIP.
      5. Disciplinary Probation
        1. Employees may be placed on disciplinary probation (different from the initial six-month probation for new hires/employees reclassified to a higher level position) at any time during their employment by a recommendation from the supervisor and approval of their division Vice President and a member of OCE with supporting documentation.
        2. At the initiation of a disciplinary probationary period, the problem(s) resulting in the probation should be discussed with the employee, as well as the specific corrective action required from the employee during the probationary period. This must be documented and placed in the employee’s personnel file with copies provided to the employee.
          1. The written reprimand will be placed in the employee’s personnel file regardless of employee signature.
          2. Any written statement provided by the employee in response to the reprimand will be attached to the warning placed in the personnel file.
        3. During the probationary period, the employee may be terminated without notice.
        4. Following the probationary period, the employee continues to serve at the will of the President (see TBR Policy 5:01:00:00.)
      6. Suspension Without Pay
        1. This action may be taken to impress upon the employee the serious nature of the unsatisfactory performance/behavior, and should be considered as a notice that the employee is facing possible termination if his/her performance/behavior continues to be unsatisfactory.
        2. The suspension must be documented and include the following:
          1. Name of employee.
          2. Nature of offense(s) and dates of occurrence.
          3. Previous action taken to resolve the problem(s).
          4. The terms under which the suspension will end, such as by a certain date, or upon specified actions being completed by the employee.
          5. Action(s) to be taken (such as recommendation of termination) if the problem is not resolved or reoccurs.
          6. Comments of the employee.
          7. The right of the employee to discuss the problem with the person next in supervisory line.
          8. A statement that the employee was told that a copy of the suspension document will be placed in the employee’s personnel file in OCE.
          9. The documentation should be signed and dated by the employee and supervisor with copies to the employee and personnel file.
      7. Termination
        1. Failure to correct a deficiency during or by the end of a disciplinary probationary period may result in a recommendation of termination by the supervisor subject to approval by the Vice President and a member of OCE. The recommendation must be submitted to the President. Only the President may terminate the employment. If the President approves the recommendation for termination, a letter of termination will be issued by the President or their designee to the employee giving the effective date of termination.
        2. Once the President has approved a recommendation for termination, the supervisor should submit the termination recommendation using the Personnel Action Form (PAF).
        3. If specified in the employee’s employment contract, a minimum of fourteen (14) days notice for clerical/support personnel and thirty (30) days notice for administrative/professional personnel is required. No minimum notice is required for adjunct faculty and temporary employees unless otherwise noted in their contract.
        4. In circumstances involving termination for cause, the termination date will be determined by the President. In the case of a recommendation of termination for cause (which includes gross misconduct), the Tennessee Code Annotated Section 49-8-117 requires an opportunity for a formal hearing under the Administrative Procedures Act when support staff are demoted or terminated “for cause”.
  4. Gross Misconduct
    1. Gross Misconduct includes, but is not limited to, the following: theft or dishonesty; gross insubordination; willful destruction of college or system office property; falsification of records; acts of moral turpitude; reporting for duty under the influence of intoxicants; the illegal use, manufacturing, possessing, distributing, purchasing or dispensing of controlled substances or alcohol; disorderly conduct; provoking a fight; certain violations of policies prohibiting discrimination, retaliation, sexual harassment, and sexual misconduct; and other similar acts involving intolerable behavior by the employee. In a case of gross misconduct, immediate disciplinary action up to and including termination may be taken. During the investigation of alleged gross misconduct, an employee may be placed on administrative leave with pay.
      1. An employee suspected of theft of college property may not resign as an alternative to termination unless the President or their designee in advance.
      2. An employee terminated for gross misconduct, who resigns to avoid dismissal for gross misconduct or who commits gross misconduct while employed in the College will not receive payment for accrued unused annual leave.  An employee terminated for gross misconduct is not eligible for state Consolidated Omnibus Benefits Rights Act (COBRA) benefits. State Treasury determines eligibility for state retirement benefits if an employee is termination for gross misconduct.
  5. Appeal/Grievance Process
    1. Employees, as defined in College Policy 06:09:01, and support staff, as defined in College Policy 06:09:02, wishing to contest suspension without pay or termination may do so consistent with these policies.
    2. Adjunct faculty, temporary employees, and student workers are not eligible to engage in this process.
    3. Employees may only grieve actions the College has taken against them which:
      1. Violates College or TBR policy, or involves an inconsistent application of these same policies;
      2. Violates any constitutional right. The most likely areas of concern are the First, Fourth or Fourteenth amendment of the federal constitution when that action hampers free speech, freedom of religion, the right to association, provides for improper search and seizure, or denies constitutionally required notice or procedures, or;
      3. Violates a federal or state statute not covered by TBR Guideline P-080 or College Policy 12:05:00.
    4. A grievance must be initiated within fifteen (15) workdays after the employee received notice or becomes aware of the action which is the basis for the grievance.

 

Source: Approved at September, 1997 President’s Cabinet meeting, Tennessee Board of Regents Policy Nos. 5:01:00:00, 5:01:00:02, 05:02:03:10, 05:02:03:70, and Tennessee Code Annotated Section 49-8- 117.

 

Reviewed and revised by Organizational Culture and Engagement on April 29, 2026

Previous Versions:

Reviewed and Revised: Human Resources, November, 2008

Approved: Executive Staff, 05/20/09
Approved: President’s Cabinet, 05/20/09
Approved: President, 05/20/09