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Part 4. Personnel Policies
Section IV. Performance/Evaluation/Termination
E. Suspension, Dismissal, Termination, and Demotion of Nonclassified Employees (Updated 7/11)
Termination of an employee before the expiration of the stated period of his or her appointment or of a faculty member who has been granted tenure, except by resignation, or by retirement for age, will be only for “adequate cause." Any employee may be laid off in conjunction with a reduction in force approved by the Board and resulting from a declaration of financial exigency. Layoff and reinstatement of employees to duty will be as provided in the Board’s rules regarding reduction in force.
“Adequate cause" means one or more acts or omissions which, singly or in the aggregate, have directly and substantially affected or impaired an employee’s performance of his or her professional or assigned duties or the interests of the Board. In addition, any conduct seriously prejudicial to the University may constitute adequate cause for discipline up to and including dismissal or termination of an employee. Examples include, but are not limited to, one (1) or more instances of sexual harassment or other form of harassment prohibited by law; immorality; criminality; dishonesty; unprofessional conduct; actions in violation of policies, directives, or orders of the University or the Board; unsatisfactory or less than adequate performance of his or her assigned or contractual duties, or failure to perform his or her assigned or contractual duties.
The President may place an employee on administrative leave with pay until he or she has exercised the opportunity to respond, or has declined, either affirmatively or through inaction, to do so, and a notice of contemplated action has been acted upon by the President or his designee.
4. Interference With Conduct of Institutions of Higher Learning
Violations of Sections 33-3715 and 33-3716, Idaho Code, or violation of any law which results in a felony conviction of an employee may be cause for suspension with pay or dismissal from employment. It is not necessary that such violations be committed on the University campus or on the campus of one of the universities of the State of Idaho unless the same is a material element of such violation.
a. Idaho Code §33-3715. Interference with conduct of institutions of higher learning — legislative intent. The legislature, in recognition of unlawful campus disorders across the nation which are disruptive of the educational process and dangerous to the health and safety of persons and damaging to public and private property, establishes by this act criminal penalties for conduct declared in this act to be unlawful. However, this act shall not be construed as preventing institutions of higher education from establishing standards of conduct, scholastic and behavioral, reasonably relevant to their lawful missions, processes, and functions, and to invoke appropriate discipline for violations of such standards.
b. Idaho Code §33-3716. Unlawful conduct—penalty.
(1) No person shall, on the campus of any community college, junior college, college, or university in this state, hereinafter referred to as “institutions of higher education,” or at or in any building or other facility owned, operated, or controlled by the governing board of any such institution of higher education, willfully deny to students, school officials, employees, and invitees:
(a) lawful freedom of movement on the campus;
(b) lawful use of property, facilities, or parts of any institution of higher education; or
(c) the right of lawful ingress and egress to the institution‘s physical facilities.
(2) No person shall, on the campus of any institution of higher education, or at, or in any building or other facility owned, operated, or controlled by the governing board of any such institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties, or willfully impede a student of such institution in the lawful pursuit of his educational activities, through the use of restraint, abduction, coercion, or intimidation, or when force and violence are present or threatened.
(3) No person shall willfully refuse or fail to leave the property or any building or other facility owned, operated, or controlled by the governing board of any such institution of higher education upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the campus and its facilities, or a dean of such college or university, if such person is committing, threatens to commit, or incites others to commit, any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.
(4) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an institution of higher education and its employees.
(5) Any person who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), or imprisoned in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment.
5. Procedure for Termination, Dismissal, Suspension and Demotion
a. Recommendation
Prior to any recommendation to the President of dismissal, termination, suspension, or demotion by a dean or department chair, supervisor, or other person responsible for making such recommendations, the employee must be given notice of the reasons for the proposed action, the evidence supporting the recommendation, and an opportunity to meet with the person making the recommendation to present any reasons, evidence, or information in mitigation or opposition to the recommendation.
b. Notification
If a recommendation of dismissal, termination, suspension, or demotion is made to the President, the President must notify the employee, in writing, of the recommendation in the following manner:
(1) The President must notify the employee of the recommendation.
(2) The notice from the President must be in writing and may be personally served upon said employee, or be sent by certified mail, return receipt requested, to the last known address of the employee.
(3) The notice must contain a concise statement of the charges against the employee and the nature of the proposed action.
(4) The notice must contain a statement of the employee's right to exercise the applicable University grievance procedures as set forth herein. Except as otherwise provided in these or Board policies, discipline, up to and including dismissal, may be effective prior to the initiation by the employee of the internal grievance process.
After receipt of the recommendations of the designated grievance committee, (see Part 4., Section V), the President or his appointee, will review the committee's recommendations and the record, and will issue a final decision in writing to the employee.
d. Board Initiated Discipline
If, under extraordinary circumstances, the Board itself initiates discipline, up to and including dismissal, against an employee, it must, by a majority vote, direct the President, or any other administrator as may be appropriate, to follow established procedures for discipline of the employee.
e. Internal Grievance Procedures
(1) Notification
Should the employee elect to use the internal grievance procedure to contest the proposed action, he/she must notify the Director of Human Resources by submitting a Nonclassified Employee Grievance Report, with a copy to the President within fifteen (15) days of receipt of the notice given by the President.
(2) Nonclassified (Nonfaculty)
Nonclassified (nonfaculty) employees shall use the Grievance Procedures for nonclassified (nonfaculty) employees.
Institutional faculty shall use the Policy and Procedures for Faculty Grievances/Dismissal for Cause.
(4) Classified Employees
Classified employees shall use the Problem Solving and Due Process Procedures.