Corrective action and discipline clarifies expectations for behavior and performance, identifies opportunities for improvement, changes behavior, and helps the employee be successful. It is the policy of the University of Nevada, Las Vegas to encourage fair, efficient and equitable solutions for problems arising out of the employment relationship and to meet the requirements of state and federal law.
Each employee is expected to acquaint themselves with performance criteria for their particular job and with all rules, procedures, and standards of conduct established by the Board of Regents, the institution, and the employee’s department or unit. An employee who does not fulfill their responsibilities, meet their performance criteria, or follow the rules and procedures of conduct may be subject to adverse personnel action.
To determine if corrective action is needed, supervisors should ask themselves the following:
- Have we had previous conversations with the employee?
- Is the employee aware of expectations?
- Does the employee have the necessary tools and resources?
- Are there ongoing performance issues?
- Did a major policy violation occur?
If the answer to any of the above questions is “yes,” supervisors should contact their designated employee relations specialist to discuss the appropriate next steps.
Supervisors should consult with employee relations on all forms of corrective action.
Levels of Corrective Action and Progressive Discipline
Progressive discipline generally starts at the lowest level and then progresses to higher levels, if necessary. However, there may be cases where a higher level of discipline is issued and imposed on a first offense. The discipline issued should be consistent with the situation, policy guidelines, and past practice.
All corrective action or formal discipline should:
- State the specific reasons for the corrective action/discipline.
- Identify the gap between the performance standard and actual performance or identify misconduct.
- Include facts and details such as who, when, where, and what.
- Provide a clear picture of what occurred and avoid subjective statements.
- State how unacceptable performance or behavior affects departments or campus operations.
- Set the expectations moving forward.
- Identify consequences of further performance issues and/or misconduct (Not applicable for Letter of Instructions or Dismissals).
Non-disciplinary corrective action includes conversations, coaching, or counseling sessions. While these efforts are an important way to document conversations, outline performance and behavior expectations, and address performance concerns, they are not considered part of the formal disciplinary process.
Letter of Instruction
A Letter of Instruction (LOI) is a formal letter or memo that provides the employee with information and directions regarding responsibilities or expectations with respect to a particular situation or set of circumstances. The letter is intended to assist the employee in performing effectively and meeting job performance expectations while maintaining appropriate work-related behaviors. Given that they are not part of a formal disciplinary process, LOIs are not housed in the employee’s permanent personnel file.
Letter of Instruction Template
Formal Disciplinary Action
Prior to issuing any of the following levels of discipline, contact your designated Employee Relations Specialist for consultation. Employee Relations will review and determine the appropriate next step, provide guidance concerning legal risks, and ensure appropriate verbiage is contained in the document.
Chapter 6 Disciplinary Sanctions Process for Administrative Faculty
The following sanctions are applicable to administrative faculty of the Nevada System of Higher Education for conduct prohibited by Section 6.2 of the Nevada System of Higher Education Code. Depending on the severity or egregiousness of the misconduct, the sanctions may be applied in any order:
A notice, oral or written, that continuation or repetition of prohibited conduct may be the cause for more disciplinary action.
A formal censure or severe reproof is administered in writing to a person engaging in prohibited conduct.
The requirement for the employee to reimburse UNLV for a loss due to defacement, damage, fraud, theft or misappropriation of property. The failure to make restitution shall be the cause for more severe disciplinary action.
Reduction in Pay
A reduction in pay may be imposed at any time during the term of an employment contract upon compliance with the procedures established in the NSHE Board of Regents Handbook Chapter 6 Code.
Exclusion from assigned duties for one or more workweeks without pay, as set forth in a written notice to the employee.
Termination of employment for cause. A hearing held under the procedures established in NSHE Board of Regents Chapter 6 Code (Section 6.11) and other applicable provisions shall be required before the employment of an employee may be terminated for cause.
Revocation of a Degree
The Board and its institutions reserve the right to withdraw academic degrees in the event that a case is brought after graduation for material academic misconduct that impacts the reputation of the institution, including misrepresentation of academic credentials or material falsification in an application, if the act occurred before graduation and during the time the student applied to, or was enrolled at an NSHE institution, but a complaint had not been filed prior to graduation.