The primary purpose for establishing and enforcing rules is to ensure efficient operation and safe working conditions for all College employees, students, and visitors. While on College premises and/or engaged in College business, every employee is expected to observe all College rules.

Professional integrity and high ethical standards are absolutely essential for the College’s success. Faculty and professional staff are expected to interact with each other and with students in a professional, respectful manner, with the highest regard for each other's safety and well-being. Every organization must have certain standards of conduct to guide the behavior of employees. Keep in mind that these standards of conduct apply to all employees whenever they are on College property and/or conducting College business (on or off College property). Engaging in any conduct the College deems inappropriate, including a violation of the Standards of Conduct Policy, will result in disciplinary action, up to and including discharge.

Procedure

A first offense for certain misconduct which is of a serious nature will result in immediate discharge without prior warning. For other types of misconduct which are less serious, the President, or his designee, may, at its discretion, choose to utilize progressive disciplinary action to give errant employees a chance to correct their behavior. The President, or his designee, may skip steps or repeat steps, depending on the circumstances, but the basic progressive disciplinary process includes:

1. Verbal warning.
2. Written warning, usually with counseling from the employee's immediate supervisor.
3. Suspension with or without pay.
4. Termination.

Employees may be disciplined for a variety of reasons, some of which are listed below. Although there is no possible way to identify every rule of conduct, the following is an illustrative list. DACC does not intend this list to be comprehensive or to limit the College’s right to impose discipline for any other conduct it deems inappropriate. The list is not all-inclusive, and the College reserves the right to discipline and discharge employees for unacceptable conduct not listed below. Possible reasons for discipline include:

Dishonesty or falsification of College records or resources;

1. Serious breach of confidentiality
2. Unauthorized use or possession of property that belongs to the College, a coworker, student or the public;
3. Stealing or sabotage of equipment, tools, and/or other property belonging to any employee, student, or the College,
4. Possession, sale, use or control of intoxicating beverages, illegal drugs, weapons, explosives, or other dangerous or unauthorized materials on College property and/or reporting for work under the influence of alcohol or drugs or other violations of the College’s Policy on Drug-Free Workplace;
5. Fighting, engaging in threats of violence or violence, use of profane, vulgar or abusive language including, but not limited to, curse words, insults, sexually explicit talk, or racial slurs, horseplay, practical jokes, or other disorderly conduct that may endanger others or damage property;
6. Insubordination, failure to perform assigned duties, failure to comply with the College’s health, safety, or other lawful rules and/or inappropriate conversations with, or actions toward, a supervisor;
7. Gambling on premises;
8. Sleeping on the job;
9. Immoral or unethical conduct, and/or indecency
10. Causing damage to, defacement, or destruction of building, equipment or other College property or the property of others
11. Engaging in criminal activity;
12. Unauthorized or careless use of the College’s materials, equipment, or property; willful damage to College property or failure to protect College properly adequately;
13. Unauthorized and/or excessive absenteeism, tardiness, or failure to report to work;
14. Lack of teamwork, poor communication, unsatisfactory performance, unprofessional conduct, or other conduct that is improper for the workplace, such as threatening or intimidating fellow employees, students or visitors;
15. Sexual or other illegal harassment or discrimination of a co-worker, student, supervisor or member of the College community, including violation of the College’s Anti-Harassment Policy;
16. Unauthorized use or disclosure of the College’s business secrets, confidential financial data, or other similar confidential information;
17. Engaging in other employment during a period of sick leave, Family & Medical Leave, or other paid or unpaid leave without the prior approval of the College.
18. Violation of any lawful College policy.
19. Incompetence, cruelty, negligence or immorality;
20. Conviction of a felony;
21. Any other conduct which, in the sole opinion of the College, violates a College policy, impacts one's ability to effectively perform his/her work, and/or violates the standards the College may reasonably expect from employees.

Except as otherwise provided herein, the President or his/her authorized designee is empowered to impose discipline at his discretion, which may become effective immediately upon appropriate notice to the employee. If a complaint of serious misconduct is made against an employee, the President or his/her designee may suspend that employee with pay pending an investigation. The suspension with pay shall be for the purpose of investigating any charges and may continue until the investigation is complete. In the event that the President determines that the charges are without merit, no reference to the suspension shall remain in the employee's personnel file.

Whenever practicable, prior to any suspension without pay or termination of employment, the employee shall be notified of the reason for such disciplinary action by the President or his designee and shall be afforded the opportunity to answer, rebut or state his or her position with respect to the basis for the contemplated disciplinary action.

If an employee is suspended without pay, and/or if an employee is notified by the President or the President’s designee of a decision to recommend the termination of his or her employment to the Board of Trustees, then the employee may request a hearing before the Board by submitting a written request to the President of the College within seven (7) calendar days after the employee receives notice of the suspension without pay and/or the recommended termination.

The Board at its sole discretion may designate a hearing officer, who may or may not be a member of the Board, to conduct such a hearing. During the hearing, the hearing officer shall review the reasons for the discipline as presented by the President or his designee and any information which the employee wishes to present in writing or in person. The employee shall have the right to be represented by counsel at the hearing. At the sole discretion of the Board or the Board-designated hearing officer, the President or his designee or the employee may present additional witnesses. If the Board designates a hearing officer to conduct such a hearing, then following the hearing, the hearing officer shall submit his or her findings and recommendations to the full Board and the ultimate decision shall be made by a majority of the members of the Board. The Board may either accept, approve, reduce, increase or otherwise modify the nature of the discipline imposed or requested. (e.g., the Board could approve the President's recommendation for a termination of employment, or reinstate an employee with or without back pay.) If the Board determines that a suspension without pay was appropriate, or that the period of any suspension without pay should be reduced, the employee shall receive back pay for the period of the suspension, or portion thereof, that is not sustained by the Board.

The Board reserves the final right to interpret and apply all College policies, procedures, rules and regulations. The decision of the Board with respect to a disciplinary matter shall be final.

This policy is not intended to interfere with, restrain, or prevent employee communications regarding wages, hours, or other terms and conditions of employment, to engage in a lawful strike or work stoppage, or to otherwise interfere with employees’ rights under the National Labor Relations Act. The College will not construe this policy in a way that limits such rights. Employees have the right to engage in or refrain from activities protected by the National Labor Relations Act.