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Handbook of Operating Procedures
  • Policy Process

    • Handbook of Operating Procedures
    Chapter 3 - Staff
    Previous Publication Date: February 18, 2019
    Publication Date: October 5, 2023
    Policy Reviewed Date: October 5, 2023
    Policy Owner: VP for Business Affairs


    3.03 Discipline and Dismissal of Classified Employees

    I. POLICY STATEMENT

    It is the policy of The University of Texas at San Antonio (UTSA) to require high standards for employee conduct and performance. To that end, UTSA promotes fair, effective and equitable solutions to resolve conflicts arising out of the employment relationship consistent with applicable requirements of state and federal law. At UTSA, the Office of People Excellence is responsible for ensuring the consistent and uniform application of disciplinary policies including those involving equal employment opportunity (EEO) compliance.

    II. RATIONALE

    The purpose of this policy is to provide a consistent and uniform procedure for the application of discipline and dismissal policies for classified employees subject to its provisions. Classified employees are at-will employees who serve without tenure.

    III. SCOPE

    No provision of this policy shall confer rights to employees that are contrary to the employment-at-will doctrine.

    1. This policy is applicable to classified employees, and employment decisions that result in demotion, suspension without pay, or dismissal.
    2. This policy does not apply to:
      1. Public Safety employees if they are subject to other approved discipline or dismissal procedures consistent with UT System Office of the Director of Police  Code of Conduct and policy on Discipline and Appeals.
      2. Faculty who are subject to other approved discipline or dismissal procedures under HOP 2.13 Termination and Nonreappointment of a Tenured or Tenure-Track Faculty Member;
      3. The placement of an employee on administrative leave with pay pending an investigation.
      4. Appointed positions where the appointment ends or expires within one year or less; 
      5. Administrative and professional (A&P) employees;
      6. Student employees;
      7. Employees who are grant-funded on sponsored projects terminated when the source of funding expires or otherwise can no longer support the grant-funded position. 
      8. Employees impacted by a reduction in force as outlined in HOP 3.05 Reduction in Force for Classified Employees;
      9. Classified employees within their 6-month probationary period as required under HOP 3.06 Probationary Period for Classified Employees,
      10. Employees who have not attained or maintained the necessary clearance, certification, or licensure for their positions;
      11. Employees who have exhausted applicable leave entitlements.
      12. Actions or decisions that are reviewable pursuant to other policies and procedures expressly provided for by UTSA, other provisions of the UTSA Handbook of Operating Procedures, or the Regents' Rules and Regulations including but not limited to disciplinary actions resulting from a finding of a policy violation under HOP 9.01 (Nondiscrimination) or HOP 9.24 (Sexual Harassment and Sexual Misconduct).

    IV. WEBSITE ADDRESS FOR THIS POLICY

    http://www.utsa.edu/hop/chapter3/3.03.html

    V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

    1. UTSA or UT System or the Board of Regents’ Rules and Regulations
      1. Board of Regents’ Rules & Regulations Rule 30601:  Discipline and Dismissal of Classified Employees
      2. Board of Regents’ Rules & Regulations Rule 30103: Standards of Conduct
      3. UT System Officer of the Director of the Police (ODOP) 
    2. UTSA HOP Policies
      1. UTSA HOP 2.13 Termination and Nonreappointment of a Tenured or Tenure-Track Faculty Member
      2. UTSA HOP 3.01 Annual Non-Faculty Performance Evaluation Program
      3. UTSA HOP 3.04 Grievances of Non-Faculty Employees

    VI. CONTACTS

    For questions, please contact People Excellence, hr@utsa.edu, or 210-458-4250

    VII. DEFINITIONS

    1. Classified Employee- An employee appointed to a position under one of the official titles in the Classified salary range. The first six months of employment for a classified employee at UTSA is probationary.

    VIII. RESPONSIBILITIES

    1. Employee
      1. Employees are expected to become familiar with performance criteria for their particular job and with all rules, procedures and standards of conduct established by the UT System Board of Regents, UTSA and the employee’s department or unit.
      2. An employee who does not fulfill the responsibilities set out by such performance criteria, rules, procedures and standards of conduct may be subject to adverse employment action.
      3. Maintains satisfactory work performance and/or meets reasonable and objective measures of efficiency and productivity.
    2. Supervisor
      1. Evaluates the quality and quantity of work performed as well as the workplace conduct of employees.
      2. Follow the procedures identified below for discipline and dismissal of classified employees.

    IX. PROCEDURES

    1. Conduct Subject to Disciplinary Action:
      1. Failure of an employee to maintain satisfactory work performance standards may constitute grounds for disciplinary action up to and including dismissal. Work performance is to be determined by the supervisor’s evaluation of the work performed by each employee.
      2. Unacceptable Conduct: All employees are expected to maintain standards of conduct suitable and acceptable to the work environment. Disciplinary action, up to and including dismissal, may be imposed for unacceptable conduct. Examples of unacceptable conduct include, but are not limited to:
        1. Harassing behavior to include sexual harassment and bullying;
        2. Falsification of records to include, time sheets, employment records, military records, medical records, job application records, or falsification of any record relied upon or otherwise kept, evaluated or reviewed by the institution;
        3. Failure to maintain the confidentiality of employee, student and other institution related information and records;
        4. Disruption of the work unit to include failure to cooperate with supervisor or co-worker(s);
        5. Attempting, causing or encouraging a fight or injury to another person;
        6. Use of abusive or threatening language;
        7. Theft or unauthorized use of institutional property, including records and confidential information;
        8. Smoking, vaping or the use of tobacco on UTSA property;
        9. Gambling on UTSA property;
        10. Possession, use of, or being under the influence of intoxicants or drugs on UTSA property;
        11. Defacing, destroying or damaging property belonging to UTSA, students or employees;
        12. Violations of established safety rules or accepted safety practices;
        13. Creating a condition hazardous to another person on the premises, including creating or contributing to unhealthy or unsanitary conditions;
        14. Failure to adhere to UTSA, State or federal laws, or any established policy, rule or regulation, including the provisions of subdivision 1 in Section 51.3525 of Subchapter G, Chapter 51, Education Code, which disallows practices and decisions based on the principles of diversity, equity, and inclusion;
        15. Failure to maintain an acceptable level of attendance, including absenteeism and tardiness.
    2. Discipline Procedures
      While effectively identifying and correcting unacceptable work performance and conduct through progressive steps is encouraged, UTSA reserves the right to determine the appropriate level of disciplinary action based on the seriousness and gravity of the employee’s conduct or work performance. The following procedures will be followed when an employee, as outlined in this policy, is demoted, suspended without pay, or dismissed for workplace performance and/or conduct reasons.
      1. The supervisor will review relevant information and the proposed discipline with People Excellence prior to taking action.
      2. The supervisor will review the proposed discipline with the appropriate next-level supervisor before proceeding.
      3. The supervisor shall meet with the employee to deliver written notification of the proposed discipline to include the reasons supporting the proposed discipline. The employee will be provided with an opportunity at the conclusion of the meeting to respond to the proposed disciplinary action before a final decision is made.  An employee  may elect to submit a written response within two (2) workdays. Any relevant information provided by the employee will be considered before making a final decision.
      4. After review of any relevant information provided, the supervisor will inform the employee in writing of the final decision.
      5. Copies of all documents pertaining to disciplinary actions shall be filed in the employee’s personnel file.
    3. Procedure for Written Appeal:
      1. Disciplinary actions resulting in dismissal, suspension without pay, or demotion may be appealed by submitting a written appeal to the vice president or administrative equivalent within ten (10) business days from the day the employee received written notice of the disciplinary action. A copy of the appeal shall also be provided to the appropriate HR Business Partner. Once the written appeal is submitted, no additional changes or additions may be made unless granted by the vice president or administrative equivalent. The failure of the employee to submit the appeal in a timely manner shall constitute a waiver of the opportunity to appeal.
      2. The written appeal:
        1. Must be a clear and concise statement of the reasons the employee believes the disciplinary action is inappropriate;
        2. Include all relevant or necessary documentation and information;
        3. The employee’s requested remedy, and any additional relevant information in support of the employee’s written appeal.
      3. Within ten (10) business days after receiving the appeal, the vice president or administrative equivalent will render a written decision. The decision of the vice president is final.
      4. A request for an extension may be made by either the employee filing the appeal or appropriate administrative official and is required to either be emailed or sent in writing to People Excellence, which shall make the decision regarding whether to grant the extension. Any extension should be documented and provided to both the employee and the appropriate administrative official.
    4. Effect on Employee Benefits:
      1. An employee who is demoted or suspended without pay continues to accrue vacation and sick leave, to be covered by group insurance, and to be entitled to other employee benefit programs in accordance with University policy.
      2. If a demotion or suspension without pay is appealed and the appeal of the demotion or suspension is successful, the employee shall be entitled to payment for wages lost as a result of the demotion or suspension.
      3. If an appeal of dismissal is successful, the employee shall be reinstated to the same or similar position and shall be entitled to payment of back wages less any unemployment compensation insurance benefits received by the employee after the date of dismissal. Employee benefits such as vacation and sick leave shall be credited back to the date of dismissal.

    X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

    None

    XI. FORMS AND TOOLS/ONLINE PROCESSES

    None

    XII. APPENDIX

    None

    XIII. Dates Approved/Amended

    10-05-2023
    02-18-2019