PAP.22.10.020 Grounds for Disciplinary Action

(a) Employees shall perform assigned duties at or above satisfactory levels; they shall follow standards of workplace behavior contained in this manual and comply strictly with all applicable laws, rules, and regulations. A system of progressive discipline will be utilized, when appropriate, to afford employees an opportunity to correct behavior. Therefore, verbal and written warnings are utilized as a corrective action tool and will not be subject to the appeal procedures.

(b) An employee may be suspended for any conduct which results in an arrest, pending the determination of the LCO Day Care Director of the seriousness of the offense. Conduct by an employee which results in a felony arrest and/or felony conviction as defined under state and federal law will result in termination.

(c) The LCO Day Care reserves the right to impose discipline for any of the actions listed in this section; such action may include a verbal warning, a write-up, suspension and /or termination:

(1) Incompetence;

(2) Neglect of duty;

(3) Insubordination;

(4) Refusal to work;

(5) Willful misconduct;

(6) Any habitual noncompliance with DCF 251 regulations;

(7) False representation in conjunction with job performance;

(8) Intoxication or use of intoxicants during working hours;

(9) Failure to pass a drug screen;

(10) Conviction of any felony either in performance of job duties, or in private affairs;

(11) Proven allegations of child abuse, neglect, or endangerment;

(12) Negligence or willful damage to tribal property;

(13) Discourteous treatment of the public or fellow employees during working hours;

(14) Job performance which results in serious harm to the employee's program;

(15) Failure to properly report to work on time;

(16) Unauthorized disclosure of confidential information;

(17) Conflict of interest;

(18) Theft;

(19) Falsification of timecards;

(20) Willful violation of any Tribal law, rule, regulations, or any deliberate action that is detrimental to the LCO Day Care or Tribe;

(21) Willful violation of security or safety rules;

(22) Negligence or any careless action which endangers the life or safety of another person;

(23) Unauthorized possession of dangerous or illegal firearms, weapons, or explosives on the LCO Day Care's property or while on duty;

(24) Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on the LCO Day Care's premises or when representing the LCO Day Care;

(25) Provoking a fight on LCO Day Care or Tribal property;

(26) Refusing to obey instructions properly issued by Management;

(27) Refusing to help out on a special assignment;

(28) Threatening, intimidating, or coercing fellow employees on or off the premises – at any time, for any purpose;

(29) Dishonesty; willful falsification or misrepresentation on the application for employment or other work records; falsifying other data requested by the LCO Day Care;

(30) Giving confidential or proprietary Tribal information to competitors, other organizations, the general public, or to unauthorized employees; working for a competing business while still employed by the LCO Day Care, breach of confidentiality of personnel information;

(31) Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job;

(32) Poor work performance;

(33) Leaving work before the end of a workday or not being ready to work at the start of a workday without approval of Management; stopping work before time specified for such purposes, unless authorized by law;

(34) Any violation of the Telephone and Internet policy.