4-30: Remediation of Performance: Contract Employees – Procedures

PROCEDURES

A. The immediate supervisor, with the guidance of the appropriate Cabinet-level supervisor, is responsible for investigating thoroughly any allegation of
unsatisfactory performance.

B. The supervisor is expected to use proper, relevant, focused, expeditious, and reliable investigative techniques, tools, and procedures to determine if evidence exists to substantiate the allegation.

C. If substantiating evidence is found indicating that a major weakness may exist, the supervisor schedules a meeting with the employee to review the allegation and to review the supporting evidence for the allegation. The employee is provided with sufficient time to review the information presented and to gather any information that may refute the allegation.

D. The supervisor schedules a subsequent meeting with the employee to review all available information, evidence, and arguments.

E. If, after reviewing all evidence and information, the supervisor concludes that the allegation is substantiated, the supervisor drafts a plan for remediation, which is reviewed with the employee before it is finalized.

F. The supervisor provides the employee with a w1itten document specifying the identified weakness, the remediation plan, and the evaluation technique to be used.

G. The supervisor meets with the employee on a periodic and regular basis to review progress of the remediation plan. After each such meeting, both the supervisor and the employee sign a statement documenting that the meeting occurred. The supervisor files one copy with the other documents pertaining to the remediation process and gives one copy to the employee for his or her records.

H. The supervisor conducts a thorough evaluation at the conclusion of the specified time period (or earlier, if mutually acceptable). The results are communicated to the employee in writing concluding that (1) complete remediation has been achieved, or
(2) substantial progress has taken place and the identified weakness is being remediated although continued progress is still expected, or (3) no substantial progress has been made toward remediation.

I. Lack of progress toward remediation may subject an employee to disciplinary probation or other disciplina1y action according to the policy and procedures outlined in Policy 4-39, Reprimand, Suspension, and Dismissal of Contract Employees.

GUIDELINES

A. Though the college imposes an obligation upon itself to suggest how an employee may improve performance and to provide reasonable assistance to the employee who demonstrates a willingness to address the problem and show improvement, the responsibility for performing one’s job satisfactorily resides with the individual employee; and the college is not required to offer remediation in any case in which the employee is uncooperative or demonstrates an unwillingness to acknowledge poor performance or continues performing unsatisfactorily even after the problem has been brought to the employee’s attention or in any case in which the employee’s behavior is judged so egregiously unacceptable as to warrant immediate disciplinary action up to and including dismissal from employment.

B. A supervisor who, aware of a problem with an employee, fails to take appropriate action (including disciplina1y action or action to remediate) to address the unacceptable behavior or unsatisfactory performance of an employee for whom he or she is responsible becomes himself or herself subject to disciplinary action or remediation for this failure.

C. The employee has the right to file a complaint or grievance according to the procedures in Policy 4-40, Non-renewal, Termination, and Dismissal, if he or she disputes the existence of unsatisfactory performance or feels that he or she has not been treated fairly and in accord with established college policies and procedure.

Updated: 8/5/03

SRO/AO/FRY
12-19-0l

Contact: Terence  Donaldson
Executive Director of Human Resources
505-428-1203
terence.donaldson@sfcc.edu