Disciplinary Matters for Managerial Employees
Procedure Administrator: Associate Vice President for Human Resources
Authority: N.J.S.A. 2C:51-2, N.J.S.A. 18A:3B-6, N.J.S.A. 52A:14B-1 et. seq., and N.J.A.C. 1:1-1.1 et. seq.
Effective Date: May 30, 2009; December 20, 2010; August 29, 2022
Index Cross-References: Policy VI-26: Disciplinary Matters
Procedure File Number: 6220
Approved By: Dr. Harvey Kesselman, President
A. Managerial Employees are at-will and serve at the pleasure of the University. Due to the high-level nature of the positions they hold, Managerial Employees are held to a higher-standard of conduct, and the expectation is that they will not engage in conduct that warrants disciplinary action. All Managerial Employees are advised of their at-will employment status at the time of their hire.
B. There may be instances when a Managerial Employee engages in inappropriate conduct warranting corrective action short of termination. Where rehabilitation is a possibility, prior to discharge the University discretionarily may pursue corrective action including, but not limited to, the following:
1. Non-Disciplinary Corrective Action: The University retains the right to impose non-disciplinary action to correct what the University considers to be low-level performance deficiencies through remedial measures, including but not limited to the following:
a. Verbal training or verbal counseling,
b. Written training or written counseling,
c. Mentorship,
d. Formal training and/or instruction, or
e. Verbal or written reprimand.
Corrective actions shall be acknowledged by the Managerial Employee, and shall be noted in the employee’s performance evaluation and personnel file.
2. Performance Improvement Plan (PIP): The University retains the right to place a Managerial Employee on a performance improvement plan (PIP). The University will notify the Managerial Employee in writing of the identified and specified performance deficiencies, and the Managerial Employee will be provided with a specified period of time to correct and resolve same. The Managerial Employee must expeditiously resolve the identified issue(s) or concern(s) to prevent continuance or recurrence.
C. General Causes for Disciplinary Action:
A Managerial Employee may be subject to discipline for, among other reasons:
a. Incompetency, inefficiency, or failure to perform duties;
b. Neglect of duty;
c. Conduct inappropriate or unbecoming of a State employee;
d. Discrimination that affects equal employment opportunity, including sexual harassment;
e. Violation of any federal or state statute, rule, or regulation;
f. Violation of University Policies and Procedures or the Campus Code of Conduct;
g. Ethics violations;
h. Other sufficient cause.
D. Disciplinary Action: The University retains the right to impose disciplinary action on a Managerial Employee including any of the following actions:
1. Suspension without pay, not to exceed six months,
2. Demotion,
3. Fine(s) (for restitution as a result of damage or cost(s) caused to the University), and/or
4. Removal for cause.
Review History:
Procedure Administrator 7/6/2022
Divisional Executive 07/13/2022
General Counsel 08/17/2022
Cabinet 08/25/2022
President 08/29/2022
