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Part 4. Personnel Policies

Section IV. Performance/Evaluation/Termination

F. Suspension, Dismissal, Termination, and Demotion of Classified Employees (Updated 5/02)

1. General

Any employee in the State classified service may be dismissed, demoted, suspended, or otherwise disciplined for any of the following causes which occur during the employee’s employment:

a. Failure to perform the duties and carry out the obligations imposed by the State constitution, State statutes, and rules of the employee's department or rules of the Administrator or the Division of Human Resources and Personnel Commission.

b. Inefficiency, incompetency, or negligence in performing duties.

c. Physical or mental incapability for performing assigned duties, if the employee is incapable of performing the essential functions of the position after reasonable accommodation is made for the disabling condition.

d. Refusal to accept a reasonable and proper assignment from an authorized supervisor.

e. Insubordination or conduct unbecoming a State employee or conduct detrimental to good order and discipline in the department.

f. Intoxication on duty.

g. Careless, negligent, or improper use or unlawful conversion of State property, equipment, or funds.

h. Use of any influence which violates the principles of the merit system in an attempt to secure a promotion or privileges for individual advantage.

i. Conviction of official misconduct in office, or conviction of any felony, or conviction of any other crime involving moral turpitude.

j. Acceptance of gifts in exchange for influence or favors given in an official capacity.

k. Habitual pattern of failure to report for duty at the assigned time and place.

l. Habitual improper use of sick leave.

m. Unauthorized disclosure of confidential information from official records.

n. Absence without leave.

o. Misstatement or deception in the application for employment.

p. Failure to obtain or maintain a current license or certificate lawfully required as a condition in performance of duties.

q. Prohibited participation in political activities.

r. Violations of Sections 33-3715 and 33-3716, Idaho Code. (See Part 4., Section IV.E)

2. Suspension

a. Suspension for Investigation

The University may suspend with pay an employee for investigation of disciplinary causes enumerated above. Each suspension for investigation shall be superseded by reinstatement to duty, dismissal or disciplinary suspension within thirty (30) calendar days of the suspension for investigation or within such extension of time approved by the Division of Human Resources Administrator.

b. Disciplinary Suspension

The University may suspend without pay an employee for discipline for the causes enumerated above. Disciplinary suspension of an employee with permanent status shall be subject to appeal by the employee to the Division of Human Resources and Personnel Commission.

c. Suspension on Felony Charges

The University may suspend without pay an employee upon the issuance by a county prosecutor of an information or indictment by a grand jury for felony charges. Such suspensions may remain in effect during the time such charges are pending. Full reinstatement of all benefits and salary that the employee would have otherwise been entitled shall be provided to the employee upon a subsequent finding that charges or information were without grounds or the employee was not found guilty. For the purpose of this rule, a judgment withheld under Rule 33(d) of the Idaho Rules of Criminal Procedure is a conviction.

d. Dismissal and Suspension

Whenever the University considers it necessary to dismiss or suspend an employee, the employee and the State Human Resources Administrator shall be notified concurrently in writing; and shall set forth the specific rule(s) violated and the reasons for dismissal or suspension. Suspensions with pay for investigation may be made without prior notice to the employee; in this case, the appointing authority shall notify the State Human Resources Administrator as soon as practical.

3. Appeals Procedures

Classified employees shall follow the procedures outlined in the Classified Employees' Problem Solving and Due Process Procedures and the rules and regulations of the Idaho Division of Human Resources and Personnel Commission. Copies are available at the ISU Office of Human Resources.

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