5.9.5 Counseling and Discipline
All those who serve the archdiocese are expected to
strive for excellence. At times, however, a person in charge or
supervisor must counsel or even discipline a member of the staff.
Problems requiring such action include but are not limited to:
Actions that interfere with work or cause a conflict of interest
Behavior counter to the moral teachings and standards of the Church
Breach of professional ethics
Bringing weapons into the workplace
Disclosure of confidential information
Dishonesty
Falsification of job applications or references
Falsification of records or information
Felonious behavior
Habitual or excessive tardiness or absence from work or from the work area
Harassment
Inability to work cooperatively with supervisors, peers, or subordinates
Insubordination
Theft
Threatening or causing bodily harm to others, or other coercive and/or intimidating actions
Unprofessional conduct in relation to all persons
Unsatisfactory job performance
Vandalism
Violation of the archdiocesan Acceptable Use and Responsibility Policy for Electronic Communications
Violation of employee rules
Working under the influence of intoxicants or illegal drugs
This
list is not intended to be all-inclusive. The archdiocese reserves the
right to decide under what circumstances counseling, disciplinary
action, or greater penalties are appropriate.
All persons in
charge should consult with the Human Resources Department
at the Archdiocesan Catholic Center when conducting a disciplinary
action. Principals should consult with the Department of Catholic Schools for assistance; the Office of the Legal Counsel may also be consulted, as appropriate.
See the Counseling & Discipline Policy and Employee Counseling Notice English Spanish.
5.9.5.1 Progressive Discipline: Suggested Guidelines
A
helpful and effective model for conducting a disciplinary action is the
progressive discipline process that includes the steps described below.
Not all steps need to be followed; the particular disciplinary measure
applied depends on the gravity of the matter.
The steps in the
disciplinary process should be documented carefully. Record as
objectively as possible all events, dates, times, and disciplinary
actions related to the personnel problem. Formal documentation must be
signed by the person in charge and staff member. A staff member should
be given an opportunity to express his or her viewpoint. The staff
member's written comments should be included in his or her personnel file. If the staff member refuses to sign, a witness should sign and
date a statement regarding the refusal. The disciplinary action will have effect even if the employee refuses to sign. The original disciplinary
document is placed in the staff member's personnel file. A copy must be
given to the individual.
Informal Counseling (Verbal)
When
a problem with a staff member arises or a staff member's conduct violates archdiocese policies and procedures and/or
adversely affects his or her performance or the performance of other
staff, the person in charge should meet with the staff member to discuss
the situation and describe the unacceptable behavior, the consequences
if it continues, and a plan to correct the situation. Verbal warning
should be documented using the Employee Counseling Notice English Spanish that is placed in the staff member's personnel file. Serious situations
may warrant an immediate written or final warning or termination. Consult with the Human Resources Department and, if appropriate, the Office of the Legal Counsel.
Formal Counseling (Written)
If
a problem continues after informal counseling, or if the nature of a
problem is severe, the person in charge prepares a formal written
warning utilizing the Employee Counseling Notice English Spanish and/or a memorandum outlining the improvement needed (Performance Improvement Plan). The
person in charge and a witness meet with the staff member to address the
problem, state expectations, indicate consequences, and provide a plan
of action with a time frame to correct the situation. For a serious problem a formal
counseling notice may be issued without a previous informal counseling and may warrant a final warning or termination of employment.
5.9.5.2 Documentation
As soon as the cause(s) of the dissatisfaction with the employee's conduct is determined:
- The person in charge should confer with the employee.
The
person in charge should present a written document stating the causes
of dissatisfaction, the improvement sought, any assistance given, and the
time limit for accomplishing the necessary improvement.
The
document should state that the conference was held and includes the date
and signatures of the person in charge and the employee; the employee
signs as an acknowledgment of receipt and not necessarily agreement with
the criticism.
The employee should be informed that if he or
she refuses to sign the document, the expectations for improvement and
terms of the document still stand.
If the employee refuses to
sign the document, a witness should sign stating that the document was
presented and the employee refused to sign for receipt.
The person in charge should follow up with additional documentation, if necessary.
5.9.5.3 Administrative Leave, Suspension, and Probation
When
a staff incident requires immediate action and could lead to dismissal,
the person in charge may place the staff member on administrative leave
with or without pay while an investigation is conducted
and a final decision is made. An employee can be suspended without pay as a
punishment for a particular action. Suspensions of exempt employees without pay cannot be for less than a full week, provided that the employee's monthly salary does not drop below twice the minimum wage for a month. Consult with the Human Resources Department before placing a staff member on administrative leave or
investigative or disciplinary suspension.
5.9.5.4 Final Warning
Several
formal counselings may conclude in a final warning, in which the
employee is notified in writing that unless the employee's conduct is corrected or improved, termination will follow. This step is not required
under all circumstances; occasionally an immediate dismissal is
warranted. If the seriousness of the misconduct warrants immediate dismissal, the Human Resources Department and, if appropriate, the Office of the Legal Counsel must be consulted before deciding to dismiss the employee. As needed, Media Relations may also be consulted.
5-7-21