Employee Progressive Discipline Procedure
I. Purpose
A. The purpose of this Employee Progressive Discipline Procedure (“Procedure”) is to implement the Employee Performance Management Policy (“Policy”) of Anne Arundel Community College (“College”) by providing an orderly procedure, which incorporates the process for determining appropriate Disciplinary Action of an Employee at the College.
B. This Procedure sets forth the process for the Supervisor to consult with HR and appropriately document and communicate Disciplinary Action to an Employee.
II. Scope and Applicability
A. This Procedure applies to full-time faculty, staff, administrators, and College officers; part-time faculty, staff and administrators; and contractual employees, except Police Officers.
B. This Procedure does not apply to temporary employees.
C. This Procedure does not apply to Progressive Discipline against a Police Officer, as defined below, as such disciplinary action is subject to the Maryland Police Accountability Act and/or related Public Safety Protocols. This Procedure applies to all other Employees employed in the Department of Public Safety and Police.
D. To the extent that the College Manual or another policy or procedure conflicts with this Procedure (other than the Employee Performance Management Policy), this Procedure supersedes the College Manual and the other policy or procedure.
E. Where a collective bargaining agreement (CBA) applies, the terms of the CBA shall govern to the extent they conflict with this Procedure.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy.
B. All other capitalized terms in this Procedure have the following meanings:
1. Advisor means an Employee who accompanies another Employee to a meeting to discuss Disciplinary Action or a meeting following which Disciplinary Action may be taken.
2. Career Conversation means a discussion between the Faculty Member and the Supervisor regarding the Faculty Member’s performance in the Evaluation Areas, as more fully described in the Full Time Faculty Performance Evaluation Procedure.
3. Coaching Conversation means a discussion between the Staff and the Supervisor regarding the Employee’s performance, Professional Development, learning, and growth, as more fully described in the Staff and Administrator Performance Evaluation Procedure.
4. Discharge is a Disciplinary Action that means termination of the Employee’s employment at the College or employment contract with the College but does not include non-renewal of an employment contract with the College, including, but not limited to, contracts with non-tenured and Term contract full-time Faculty.
5. Next Line Supervisor means the Employee’s Supervisor’s immediate supervisor to whom the Supervisor reports, and so on with each Supervisor in the Employee’s chain of command.
6. Police Officer means an individual who has been certified as a police officer by the Maryland Police and Corrections Training Commission, is authorized to enforce the general criminal laws of the State of Maryland, and is employed in the College’s Department of Public Safety and Police as a College Police Officer, including the Chief of Department of Public Safety and Police. Special Police Officers and Public Safety Officers do not fall within the definition of Police Officer for purposes of this Policy and the accompanying Procedures.
7. Probation means a designated period of time determined by the College and stated in writing (“Probationary Period”) during which, if the Employee is found to commit any Infractions, more severe Disciplinary Action(s) may be imposed.
8. Public Safety Protocols means the Department of Public Safety and Police Rules and Regulations Manual as amended, from time to time.
9. Suspension means a designated period of time determined by the College and stated in writing (“Suspension Period”) that the Employee may not perform work and will not be paid due to an Employee’s Infraction.
10. Tenured Faculty means a full-time faculty member who has been granted tenure at the College.
11. Tenure-Track Faculty means a full-time faculty member who has been appointed to a faculty position that is eligible for tenure but has not yet been granted tenure at the College.
12. Verbal Warning means an oral statement to an Employee from the Supervisor describing the Employee’s Infraction.
13. Written Reprimand means a written statement to an Employee from the Employee’s Supervisor describing the Employee’s Infraction, and advising that failure to correct the behavior or its recurrence may be grounds for additional Disciplinary Action, up to and including Discharge.
IV. Recommendation and Imposition of Disciplinary Action(s)
A. Before deciding to impose a Disciplinary Action(s), defined in Section V, a Supervisor should consider whether to use Performance Improvement tools, rather than Disciplinary Action.
B. Concerns regarding quality of the Employee’s work should normally begin with providing Performance Improvement tools, rather than Disciplinary Action; however, if the quality of the Employee’s work does not improve, Disciplinary Action may be warranted.
C. The Supervisor may impose Disciplinary Action at the same time that Performance Improvement tools are provided to the Employee.
D. Nothing in this Procedure or any other policy or procedure precludes taking Disciplinary Action(s) against an Employee, if the Disciplinary Action(s) is appropriate, regardless of whether the Employee has a current positive or neutral Performance Evaluation and regardless of the lack of the use of previous Disciplinary Action(s) or Performance Improvement tool(s).
E. Progressive Discipline does not apply during an Employee’s Introductory Period, but any Infractions and performance deficiencies should be documented by the Supervisor and discussed with the Employee when they occur and in the Coaching Conversations that may occur during that period.
F. Although Temporary Employees are not subject to the Progressive Discipline Procedure, any Infractions and performance deficiencies should be documented by the Supervisor and discussed with the Temporary Employee when they occur.
G. If HR receives allegations of an Infraction by an Employee, HR will consult with the Supervisor to determine whether the Supervisor should pursue Disciplinary Action.
H. With the exception of a Suspension or Discharge of Tenured Faculty or Tenure-Track Faculty, a Supervisor who wishes to take a Disciplinary Action beyond a Verbal Warning will propose a Disciplinary Action to HR after considering the gravity of the Infraction involved, other previous Infractions by an Employee, if any, and any mitigating circumstances and will follow these steps:
1. The recommendation must include the basis for the recommended Disciplinary Action(s), the date(s) on which the alleged Infraction(s) occurred, the Employee’s prior Disciplinary Action, if any, using the Disciplinary Action Form provided by HR, and may include other relevant documents and information that support the recommendation, including the identification of witnesses.
2. HR may contact the Employee to describe the nature of the alleged infraction, and provide the Employee with an opportunity to explain (verbally and/or in writing) why the Employee should not be disciplined.
3. The Employee may provide copies of any documents or evidence the Employee believes is relevant and may identify witnesses who observed the alleged Infraction(s) and request that HR contact those witnesses to gather more information.
4. HR may gather any other information that HR believes may be relevant to determining the facts of what occurred, including but not limited to: documents, data, information generated by computing resources, education records, communications (e.g. emails, text messages, letters, etc.), and/or physical evidence (e.g. photographs, screen shots, etc.), by requesting the information be provided by an individual, by accessing the College’s information systems, or through any other appropriate means or departments.
5. HR will review any information and documents gathered and may interview any witnesses identified by the Employee or the Supervisor.
6. If the alleged Infraction(s) involves workplace violence, threats of violence, harm to persons or property, commission of a criminal act, including illegal possession of a weapons and/or explosives, or any other Infraction that gives rise to a concern about health or safety, HR may request that a member of the Department of Public Safety and Police accompany HR to any interview of the Employee, the Supervisor, or a witness and may assist HR in gathering information. HR will consult with the Office of General Counsel when an Infraction(s) is subject to this Section.
7. If the alleged Infraction(s) may be a crime, HR can refer the matter to the appropriate department and/or Department of Public Safety and Police, to report the crime to the local authorities.
I. HR will determine whether the Employee committed an Infraction(s) and make recommendations to the Supervisor regarding the imposition of discipline, as outlined below. If disagreements arise, HR may escalate the matter to the next line supervisor(s) within the Employee's chain of command. If no resolution is reached, the Vice President of the area, or the President for direct reports, will make the final determination on disciplinary action.
1. If HR determines that no Infraction has occurred, HR will recommend that the Supervisor not impose Disciplinary Action(s).
a. If the Supervisor disagrees with the recommendation, the Supervisor must consult with HR and may consider Performance Improvement tools.
2. If HR determines that an Infraction(s) has occurred, HR will recommend a Disciplinary Action(s), considering the Supervisor’s proposed Disciplinary Action(s).
a. If the Supervisor disagrees with the recommendation, the Supervisor must consult with HR.
b. If a Supervisor proposes a Suspension or Discharge against an Employee who is not Tenured Faculty, HR must consult with the Office of General Counsel before approving a Suspension or Discharge. HR must also notify the appropriate vice president and president of the proposed Suspension or Discharge prior to implementation of the discipline.
3. After consultation with HR, the Supervisor will provide written notice of the Disciplinary Action(s) to the Employee, if any, using the Disciplinary Action Form.
4. The Supervisor must submit a copy of Disciplinary Action Form to HR to include in the Employee’s personnel record.
5. The Supervisor may request for HR to attend a meeting with the Employee to discuss the Infraction and the Disciplinary Action.
J. If Disciplinary Action(s) is imposed, the Employee may submit a written comment to HR to be included in the Employee’s personnel record on the Comment Form within ten (10) Business Days following notice of the Disciplinary Action(s).
K. When an HR Employee is the subject of proposed Disciplinary Action, the Supervisor will propose a Disciplinary Action to the Chief Compliance and Fair Practices Officer or designee who will perform the role of HR in the preceding Sections.
L. Tenured Faculty and Tenure-Track Faculty
1. If a Supervisor proposes a Suspension or Discharge of a Tenured Faculty or Tenure-Track Faculty, the Supervisor must follow the Major Sanctions against Tenured and Tenure-Track Faculty Procedure.
2. If a Supervisor proposes a Suspension or Discharge against an Administrator with Faculty Rank who has not been granted tenure by the College, the steps set forth above in this Procedure will apply.
M. Administrators with Faculty Rank Who Have Tenure
1. If a Supervisor proposes a Suspension or Discharge against an Administrator with Faculty Rank who has been granted tenure by the College, in their capacity as Faculty, the Supervisor must follow the Major Sanctions against Tenured and Tenure-Track Faculty Procedure.
2. If a Supervisor proposes a Suspension or Discharge against an Administrator with Faculty Rank who has tenure in their capacity as Administrator, the steps set forth in this Procedure will apply.
3. If an Administrator with Faculty Rank who has tenure is placed on a Suspension or Discharged from their Administrator position and returns to a Tenured Faculty position, the Supervisor may recommend a Suspension or Discharge from the Tenured Faculty position in accordance with the Major Sanctions against Tenured and Tenure-Track Faculty Procedure.
4. The Administrator with Faculty Rank may be allowed to return to a Tenured Faculty position should they step down or be released from their administrative position as long as they are not Discharged in accordance with the Major Sanctions against Tenured and Tenure-Track Faculty Procedure.
V. Types of Progressive Discipline
A. The underlying principle of Progressive Discipline is to use the least severe Disciplinary Action that the Supervisor believes is necessary to correct the Infraction and to increase the severity of the Disciplinary Action if the Infraction is not corrected within a reasonable time, the Infraction is serious or egregious, or additional Infractions occur. The College, however, reserves the right to combine or skip Disciplinary Actions depending on the facts of each situation and the nature of the Infraction.
B. When deciding what level of Discipline to impose a Supervisor must consider the nature of the Infraction, the position and employment history of the Employee, and any mitigating and extenuating circumstances.
C. The following describes the circumstances that Supervisors may consider when determining the type of Disciplinary Action(s) to be imposed if an Employee commits an Infraction(s). Progressive Discipline generally should follow the order set forth below:
1. Verbal Warning
a. A Verbal Warning ordinarily will be imposed for a first Infraction so long as the Supervisor determines that the Infraction is not serious in nature and is not likely to recur.
b. A Verbal Warning may be imposed for subsequent similar Infractions when the Supervisor, after consideration of all the circumstances, deems use of a Verbal Warning appropriate and likely to deter future Infractions.
c. If the Supervisor imposes a Verbal Warning, the Supervisor must document the Verbal Warning in writing, including a description of the Infraction and the content of the Verbal Warning via email follow up to the Employee.
d. The Supervisor will maintain the written record of the Verbal Warning.
2. Written Reprimand
a. A Written Reprimand ordinarily will be imposed for an Infraction(s) that the Supervisor, after consideration of all the circumstances, determines is not serious enough to warrant Probation, Suspension, or Termination unless it recurs.
b. A Written Reprimand may also be imposed after a Verbal Warning(s) was issued for a prior Infraction(s) and was not successful in deterring an additional Infraction(s).
c. If the Supervisor imposes a Written Reprimand, the Supervisor must document the Written Reprimand in writing, using the disciplinary action form provided by HR.
d. The Supervisor will maintain the written record of the Written Reprimand and provide a copy of disciplinary action form to the Employee and HR.
3. Probation
a. Probation will ordinarily be imposed for an Infraction(s) that the Supervisor, after consideration of all the circumstances, determines warrants monitoring of the Employee for a period of time to prevent additional Infractions from occurring.
b. Probation may also be imposed after a Verbal Warning(s) and/or a Written Reprimand(s) was issued for a prior Infraction(s) and was not successful in deterring an additional Infraction(s).
c. The notice of Probation must include the length of the Probationary Period, which can be any time period between one (1) month and one (1) year, depending on the nature of the Infraction(s), and must include a statement that if the Employee is found to commit any Infractions during the Probationary Period, more severe Disciplinary Action(s), up to and including Discharge, may be imposed.
4. Suspension
a. A Suspension will ordinarily be used only for an Infraction(s) that the Supervisor, after consideration of all the circumstances, determines is serious enough to justify such action, including but not limited to, Infractions that result in harm to persons or property, endanger or threaten to endanger the health or safety of oneself or another person, involve fraud, theft, or similar Infraction, or involve violation of the law.
b. A Suspension may also be imposed after a Verbal Warning(s), a Written Reprimand(s), and/or Probation was issued for a prior Infraction(s) and was not successful in deterring an additional Infraction(s).
c. The notice of Suspension must include the length of the Suspension period, which can be a specified period of time, depending on the seriousness of the Infraction(s).
d. During the Suspension period, the Employee is not permitted to use available accrued leave and will be in a leave without pay status.
e. During the Suspension period, the Employee is relieved of all College job duties and other responsibilities.
f. During the Suspension period, depending on the length of the Suspension, the Employee may lose privileges and benefits allowed or provided by the College.
5. Discharge
a. Generally, a Discharge will not be imposed, unless there is a previous record of Disciplinary Action(s) against the Employee.
b. At times, however, factors may make it impracticable in individual circumstances to give prior warnings (e.g., when behavior or acts are of so grave or egregious a nature that a first occasion violation is a cause for a recommendation for the Employee’s Discharge), and a Discharge may be imposed without a prior record of Disciplinary Action(s) against the Employee.
c. Discharge means a total severance of any employment relationship with the College, excluding any rights and/or benefits under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) as mandated by federal and state law.
VI. Grievance of Disciplinary Action(s)
A. Except as provided in this Section, an Employee who disagrees with Disciplinary Action(s) may submit a grievance under the Employee Grievance Policy and accompanying Procedures.
B. The Disciplinary Action(s) is not stayed pending review under the Employee Grievance Policy and accompanying Procedures, unless the Chief Compliance and Fair Practices Officer or designee finds that a stay is in the best interest of the College and notifies the Employee in writing that a stay has been issued.
C. Employees who are Tenured or Tenure-Track Faculty may appeal the imposition of a Suspension or Discharge as set forth in the Major Sanctions against Tenured and Tenure-Track Faculty Procedure. Grievances of all other Disciplinary Actions against Tenured and Tenure-Track Faculty shall be determined under the Employee Grievance Policy and Procedures.
D. Administrators with Faculty Rank may appeal the imposition of Suspension or Discharge in their capacity as Faculty as set forth in the Major Sanctions against Tenured or Tenure-Track Faculty Procedure. Grievances of the imposition of Suspension or Discharge on Administrators with Faculty Rank in their capacity as Administrator shall be determined under the Employee Grievance Policy and Procedures. Grievances of all other Disciplinary Actions against Administrators with Faculty Rank in their capacity as Faculty or Administrator shall be determined under the Employee Grievance Policy and Procedures.
VII. Administrative Leave
A. When it is determined by HR to be necessary for the protection of the integrity of the investigation of the alleged Infraction or to protect the health and safety of any College employee or third party, HR may place an Employee on paid administrative leave pending an investigation of the alleged Infraction and determination of whether to impose Disciplinary Action.
B. Administrative leave is not a Disciplinary Action and is not grievable.
C. Records regarding administrative leave will be maintained by HR in the Employee’s personnel record.
VIII. Right to an Advisor
A. An Employee alleged to have committed an Infraction(s) has the right to be accompanied by one (1) Advisor who is another employee of the College, and is available to accompany the Employee to an interview during HR’s investigation or a meeting at which Disciplinary Action is to be imposed.
B. The Advisor must not be involved in a conflict of position, such as might be the case with a member of HR, the CCFPO, or General Counsel’s office. The Advisor may not report to the same direct Supervisor as the Employee.
C. The Advisor may not be a witness or otherwise involved in action or inaction that may lead to Disciplinary Action.
D. The College will not tolerate discrimination or Retaliation against the Advisor based on the Advisor serving in this role on behalf of either Party. If an Advisor believes the Advisor has been subject to discrimination or Retaliation as a result of serving as an Advisor, the Advisor may file a complaint of discrimination under the applicable procedure or a Grievance.
E. The Employee must notify the Supervisor and HR if they want to bring an Advisor to a meeting that may lead to Disciplinary Action or a meeting at which Disciplinary Action is to be imposed.
F. The Advisor has a non-speaking role and may not speak or advocate on behalf of the Employee at any stage of the Disciplinary Action process. The Advisor may take notes during any stage of the Disciplinary Action process and share such notes with the Employee.
G. An Employee may choose to attend a meeting or Hearing without an Advisor.
H. An Advisor may not delay or disrupt any meetings.
I. If the Advisor does not comply with this Procedure, the Advisor may be asked to leave and will not be permitted to participate further.
IX. Right to Disability Accommodations
An Employee alleged to have committed an Infraction(s) has the right to request disability accommodations in order to participate in an interview during HR’s investigation, at a meeting at which Disciplinary Action is to be imposed or at any stage in the disciplinary process. Such requests will be decided according to the College’s Disability Accommodations Policy and Procedures.
Policy Title: Employee Progressive Discipline Procedure
Policy Category: Human Resources
Policy Owner: Vice President for Learning Resources Management
Policy Administrator: Executive Director of Human Resources
Contact Information: humanresources@aacc.edu; 410-777-2045
Approval Date: February 17, 2025
Effective Date: March 12, 2025
History: N/A, previously contained in the College Manual
Applies to: All Employees
Related Policies:
Related Procedures:
Forms/Guidelines:
Relevant Laws: N/A