Section VII: Disciplinary Actions and Your Rights

Progressive Disciplinary Actions

If you are covered by the merit system, you may be subject to any of the following progressive disciplinary actions, when based upon a standard of just cause: written reprimand, disciplinary suspension, reduction of pay within the same pay grade, disciplinary demotion, discharge, or other appropriate disciplinary measures. Progressive discipline is a system that uses escalating penalties to address repeated work rule violations or poor performance by an employee, based on the employee’s misconduct or failure to meet performance standards. 

The purpose of progressive discipline is to correct an employee’s behavior by providing the employee with defined disciplinary steps that put the employee on notice of the need for improvement, but that reserves the right to discharge the employee for serious incidents of misconduct or for repeated misconduct.

Based upon the severity of the misconduct, management may elect to skip steps in the progressive discipline system, including skipping to disciplinary discharge. Unless specifically set forth within an agency’s work rules, an employee who has received past discipline is subject to move to the next step of the disciplinary process regardless of whether the subsequent discipline is based on misconduct that is like or similar to the past misconduct.

A Zero Tolerance Policy has been established for violations considered Prohibited Sexual Harassment under the Policy Prohibiting Sexual Harassment. See Appendix C for the full policy.

Disciplinary action involving employees covered by a collective bargaining agreement shall also be in accordance with the provisions, if any, of the applicable agreement. Unless otherwise provided by statute or an applicable collective bargaining agreement, if you are a non-merit employee, you are not subject to the just cause standard and may be disciplined or discharged for any reason which is not in violation of the law.

Disciplinary action, up to and including discharge, may be based upon, but is not limited to, any of the following reasons: inefficiency, insubordination, less-than- competent job performance, unauthorized use or abuse of state property, failure to perform assigned duties, inadequacy in the performance of assigned duties, inattentiveness to duty, dishonesty, theft, improper use of leave, substance abuse, negligence, conduct which adversely affects your job performance or the agency, conduct unbecoming a public employee, misconduct, or any other just cause. The provisions of this handbook do not establish contractual rights or conditions of employment between the State and its employees.

In accordance with Iowa’s Open Records laws (Iowa Code sections 22.7(11)(a)(5) and 22.15), information in confidential personnel records relating to the fact you resigned in lieu of termination, were discharged, or were demoted as the result of a disciplinary action and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion may become public records.

Grievance Procedures

You have the right to file grievances. The procedures for filing grievances are outlined in the DAS-HRE rules or an applicable collective bargaining agreement containing a negotiated grievance procedure.

If you are an employee who is covered by a collective bargaining agreement containing a grievance procedure and have a grievance alleging a violation of the agreement, you must file the grievance using the appropriate forms provided by the union. For grievances alleging a violation of DAS-HRE rules and for issues not covered by a collective bargaining agreement, both contract-covered and non- contract employees must follow the procedures set forth in DAS-HRE rules and file a state employee grievance using the grievance form designated by DAS-HRE, which is available from your agency’s human resources associate or online at https://das.iowa.gov/media/2233/download?inline.

All grievances must state the issue(s) involved, the relief sought, the date of the incident, and any rule(s) or contract violation(s) involved. If you are covered by the merit system, issues involving disciplinary suspension, reduction in pay within the same pay grade, disciplinary demotion, or discharge must be filed as appeals in accordance with the procedures listed in DAS-HRE rules.

Violations of Rules and Policies

Violations of the work rules of your agency or of any of the State of Iowa’s policies may result in discipline, up to and including discharge.