Procedure No.:   41.012

Page No.:        1 and 2 of 2

Date Issued:     03/01/93

Issued By:       David Stewart

PURPOSE

To assure the recognition of employee rights when an action is taken to terminate for cause.

POLICY

It is the policy of Ohio University to provide reasonable procedures for the non-renewal, suspension, demotion, or dismissal for cause of an administrator's contract.

PROCEDURE

A. Non-renewal

1. Performance Evaluation

   In accordance with Policy #40.005, a performance evaluation will be scheduled and carried out with an employee whose contract is not to be renewed. The reason(s) for failure to renew a contract for the succeeding fiscal year may include one (1) or more of the reason(s) specified for Suspension, Discipline, Demotion, or Dismissal for Cause.

2. Notice of Non-renewal

   A separate notice of non-renewal shall include a written statement of the reason(s) for the non-renewal. Such notice shall be forwarded no later than March 15th of the current fiscal contract year. A copy of the non- renewal notice will be sent to the supervisor's immediate supervisor, the appropriate executive officer, and University Personnel Services.

B. Discipline, Suspension, Demotion, and Dismissal

When appropriate, an administrator may be disciplined, suspended, demoted, or dismissed forthwith on grounds set forth in the grounds section below. Suspension, demotion, or dismissal procedures must include written notification and grounds for such action. A supervisor considering suspending, demoting, or dismissing an employee shall notify his/her supervisor(s). The supervisor should consult with University Personnel Services and the Office of Legal Affairs before taking action.

1. Grounds

   
   The grounds for causes of such discipline, suspension, demotion, or dismissal are as follows:
   

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   (a) When an administrator has been charged with illegal activity committed while on or off duty and it is determined that said activity is prejudicial to the administrator's ability to properly perform assigned tasks and responsibilities or is prejudicial to good order in the University, the administrator may be suspended. Prior to the final ruling regarding the charge(s), the suspension may be an "interim" one. When an action is ruled illegal, the suspension may become a dismissal.

   (b) Any conduct occurring in the performance of one's assigned responsibilities which causes an interference in the ability of the administrator concerned or in the ability of other employees, to carry out their duties and responsibilities. Such conduct includes but is not limited to theft, substance abuse, violence, dishonesty, malfeasance or nonfeasance, or negligence.

   (c) Insubordination is a willful refusal to obey, or knowledgeable disregarding of, the directions and/or supervision of a properly authorized supervisor acting in an appropriate capacity through the issuance of orders reasonably related to the fulfillment of an administrator's University responsibility.

   (d> Serious breach of professional ethics.

   (e) Gross incompetence, referring to a situation where an administrator is, from the beginning of employment, or becomes, at sometime thereafter, essentially unable to fulfill the requirements of the position.

   (f) Flagrant or consistent failure to conform to the rules or regulations of the department, office or agency to which one is assigned.

C. Appeal

The administrator has the right to grieve the decision (See Ohio University Policy #41.011)

Kathy Llewellyn revised this file (http://www.ohiou.edu/policy/41-012.html) on April 17, 2000.

Please E-mail any comments or suggestions to "polproc@www.ohiou.edu".