The orderly and efficient operation of HEC requires that employees adhere to disciplinary rules and proper personal standards at all times. These rules and standards are necessary to protect the health and safety of all students and employees, to help ensure the beneficial implementation of HEC’s programs and to protect HEC’s property and public good will.
An employee who fails to maintain proper standards of conduct, or who violates HEC’s practices and policy, will subject him/herself to disciplinary action.
The extent of any disciplinary action taken for violations of HEC rules and policies will depend upon the seriousness of the offense. Action may range from informal verbal counseling to immediate dismissal as determined by HEC in its discretion.
Disciplinary action may take any of the following forms: (Note: Discipline can commence at any step depending on the circumstances, including but not limited to the seriousness of the offense.)
1. An informal verbal counseling by the supervisor, documented on a counseling form.
2. A written warning. A copy of this notice will be placed in the employee’s file.
3. Suspension without pay by his/her supervisor or Program Director. Upon returning to work, the employee may be placed on disciplinary probation for a time determined by the supervisor, usually
90 days.
4. Disciplinary probation. Further violation of policy during probation may result in immediate termination. Within a designated time frame, the employee will receive written notification that s/he is on disciplinary probation and the length of the period. A copy of the letter will be placed in his/her file. Disciplinary probation cannot extend beyond six months.
5. Immediate Dismissal.
Acts that will result in immediate dismissal include, but are not limited to, the following:
• Possessing, using, or being under the influence of alcohol or illegal drugs while on the job.
• Carrying or possessing weapons while on the job.
• Leaving assigned students or duties without permission of the supervisor.
• Theft or willful destruction of the school’s, or a student’s property.
• Willful misrepresentation of facts.
• Serious policy violations.
Other serious acts that may result in immediate termination include, but are not limited to, the following:
• Abusive behavior toward students or staff, such as physical roughness, verbal
inappropriateness, neglect and other items classified as abuse in Massachusetts State
Regulations, or any violation of state or federal law.
• Failure to follow instructions of a supervisor.
• Displaying disrespect to a supervisor.
• Placing the health and safety of students in jeopardy, or allowing the same.
• Exhibiting behavior, which is anti-therapeutic in nature or conflicting with approved
treatment plans.
• Breach of confidentiality.
• Refusal to follow prescribed treatment plans.
• Involvement in a crime, which indicates behavior potentially inconsistent with the health or
safety of the students and/or employees or which reflects negatively upon HEC and/or its employees.
• Failure to report abusive behavior towards students within 24 hours.
HEC has no obligation to use any one or more of these forms of discipline prior to discharging employees. Any one or all of these steps can be omitted, as HEC deems appropriate.
APPEAL PROCESS
An appeal is defined as a claim by an employee that there has been inequitable treatment of an employee. The employee has 10 business days (Monday-Friday) to file the appeal.
General Provisions:
Appeals should be presented for disposition through the appeal process. HEC’s failure at any step of the appeal process to communicate a decision within the specified time limits permits the
employee to proceed to the next step. An employee’s failure to timely advance his or her appeal to the next step in the process is deemed a waiver of the appeal by the employee.
Time limits may be extended by mutual agreement in writing.
Official appeals filed by any employee under the appeal process will not become part of the record, which is used in the promotion process or in any recommendations for job placement.
Conferences with employees, necessary for processing appeals, will ordinarily be scheduled during the normal workday.
Procedure:
Step One – Program Director
The employee will submit the appeal in writing to the Program Director. The Program
Director, or designee, will meet with the employee within 10 business days of the receipt of the written appeal. The Program Director/Manager, or designee, will communicate the decision in writing, with a copy to the employee, within 10 business days of the conference.
Step Two – Director of Student Services
If the appeal is not resolved at Step one, the employee may appeal the decision to the Director of Student Services within 10 business days after the decision has been received. The
appeal will be in writing and be accompanied by a copy of the decision at Step One. The Director of Student Services , or designee, will meet with the aggrieved employee within 10 business days of the receipt of the appeal. The Director of Student Services, or designee, will communicate a decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.
Step Three – Chief Operating Officer
If the appeal is not resolved at Step two, the employee may appeal the decision to the Chief Operating Officer within 10 business days after the decision has been received. The appeal will be in writing and be accompanied by a copy of the decision at Step Two. The Chief Operating Officer, or designee, will meet with the aggrieved employee within 10 business days of the receipt of the appeal. The Chief Operating Officer, or designee, will communicate a decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.
Step Four – President/CEO
If the appeal is not resolved at Step Three, the employee may appeal the decision to the President/CEO within 10 business days after the decision has been received. The President/CEO, or designee, will meet with the aggrieved employee within 10 business days of receipt of the appeal. The President/CEO, or designee, will communicate a decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.
Step Five – Personnel Committee of the Board of Directors
If the appeal is not resolved at Step Four, the employee may appeal the decision to the Personnel Committee of the Board of Directors within 10 business days after the decision has been received. The appeal will be in writing and be accompanied by a copy of the decision at Step Four. The Personnel Committee will meet with the aggrieved employee within 10 business days of receipt of the appeal. The Personnel Committee will communicate its decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.