Prohibited Conduct
All Valencia College employees are expected to fulfill the duties outlined in their job descriptions, expected to abide by College policies and established procedures, and expected to engage in professional conduct throughout their employment. Types of prohibited conduct may include, and are not limited to:
- Violation of any college policy(ies), procedure(s), standard(s), or other college departmental rules and regulations governing the workplace;
- Conflict of interest; improper activities as defined in College Policy 6Hx28: 1-10 Policy Against Improper Activities; Whistleblower Protection;
- Conduct on or off campus that adversely affects the operation of the College;
- Insufficiency of productivity or quality of work, or neglect of duty: Isolated incidents or continued pattern of inefficiency, missed deadlines, disorganization, lack of initiative, reduced and/or insufficient productivity, inability or unwillingness to follow procedures/processes or any other performance deficiency that is not meeting acceptable standards;
- Excessive or habitual tardiness, absenteeism, and/or unauthorized or unexcused absences
- An unreasonable, or unacceptable number (determined by the supervisor based on operational needs), or frequency of absences (which may include a pattern that coincides on the day preceding or following the employee’s regular days off, absence on the same day of each week or each month, or failure of an employee to obtain prior approval for an absence from work); and/or
- A habitual failure of an employee to report to work at the established time to begin a shift, after a lunch or after a break period, or leaving work early without authorization that results in a negative impact on the workplace.
Note:
- Absences or tardiness as authorized by law, regulation, policy, or procedure are not taken into consideration for potential disciplinary action.
- Three (3) consecutive scheduled work day absences without approved leave or without appropriate notification of extenuating circumstances or medical emergency may also be evaluated as a resignation under College Policy 6Hx28: 3F-05.2 Abandonment of Position.
- Failure to obtain minimum job qualifications/certifications, or loss of or failure to report the loss of minimum job qualifications/certifications;
- Leaving assigned work area or workplace without authorization: Unauthorized absence from the workplace or assignment during the established work schedule or leaving the workplace for a lunch, break period, or prior to the end of the work schedule without proper relief where coverage is expected and/or required during specific periods of time;
- Safety violations: Performing unsafe acts, failure to wear safety equipment, failure to abide by or follow established safety procedures or practices, and/or actions or non-work related activities that result in property damage or injury to self or others;
- Abuse or misuse of prescribed medication that poses a safety risk; possession or consumption of illegal drugs while on duty; consumption of alcoholic beverages while on duty, except at approved College functions (i.e., culinary educational programs, etc.); and/or reporting to work or being under the influence of alcoholic beverages or drugs at work;
- Insubordination (blatant disregard of supervisor directions), or failure to follow supervisor directions or directions of another employee in a position of authority at the College, including, but not limited to:
- Failure to carry out a directive from a team lead, manager or supervisor as a verbal refusal or an unreasonable delay in completing the work;
- Disrespectful behavior towards a team lead/manager/supervisor including directing profanity towards a team lead/manager/supervisor;
- Verbally or physically intimidating a team lead/manager/supervisor, or speaking loudly or argumentatively to or about a team lead/manager/supervisor; and/or
- Failure to adhere to Florida Statute 553.865, “Safety in Private Spaces Act” including willfully entering for an unauthorized purpose, a restroom or changing facility designated for the opposite sex, and refusing to depart by asking to do so by an employee, administrator, or safety and security staff;
- Disruptive or Aggressive Behavior: Behavior that is considered disruptive or aggressive towards others, or in the work environment. This may include and is not limited to:
- Language that may be considered or perceived as threatening, profane, vulgar, or abusive towards others;
- Gossip that is pervasive or persistent to disrupt the work environment;
- Physical violence or threats of violence committed against any member or guest of the College community;
- Forcible interference with the freedom of movement of any member or guest of the College;
- Obstruction of the normal processes, activities, and functions of the College community; and/or
- Disruptive activities as defined and prohibited in accordance with the criminal provisions of Section 877.13, Florida Statutes;
- Refusal or failure to work cooperatively with others. This includes and is not limited to failing to communicate, interact, supervise, and/or work with other individuals or in a collaborative environment in a professional or effective manner;
- Revealing Privileged Information: Revealing to unauthorized individuals information considered privileged, private, or confidential based on law, policy, or procedure;
- Sleeping on compensated time, during the scheduled work period and/or in the performance of duties;
- Fraud, misrepresentation, or dishonesty: Willful and/or deliberate misrepresentation or omission of any verbal and/or written documented facts, including fabricating information or knowingly furnishing false information to the College or to College officials acting in the performance of their duties including and not limited to falsification of submitted timekeeping records;
- Unauthorized entry to, possession, receipt, abuse, defacement of, or unauthorized removal of College property or the property of others while on College premises;
- Loss of or failure to report lost or stolen College property (i.e., supplies, technology devices, keys, equipment, etc.);
- Misuse or inappropriate use of compensated time: Isolated incident or continued pattern of non-productiveness or inactivity that diverts an employee from performing their assigned duties or interferes with the business needs and operations of the College, unless it is work-related and as authorized by a supervisor;
- Failure by an employee to notify their supervisor of an arrest, notice to appear, or information filed against the employee by a prosecuting official on an alleged violation of criminal law (e.g., felony or job-related misdemeanor);
- Failure by an employee to notify their supervisor of the employee pleading guilty, nolo contendere, or no contest, or being found guilty of a felony or job-related misdemeanor; and/or
- Failure by an employee, who is officially designated as a Sexual Offender/Sexual Predator in accordance with Florida Statute 775.21 (The Florida Sexual Predators Act), to notify their supervisor of such sexual offender/sexual predator designation.
Note: Florida law, in section 775.21 (The Florida Sexual Predators Act) states in part, “[r]epeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit may offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes.”
Florida law, in section 943.0435, states in part, “[t]he Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest.”
Florida law requires sexual predators and sexual offenders to notify the state or sheriff, as appropriate, of enrollment, employment, or the carrying on of a vocation at an institution of higher education in Florida. Each change in enrollment or employment status must be similarly reported. The state or sheriff must promptly notify each institution of the sexual predator’s or sexual offender’s presence and any change in the sexual predator’s or sexual offender’s enrollment or employment status.
The College has determined that the employment of persons officially designated as Sexual Offenders/Sexual Predators would be disruptive of the orderly process of the College’s programs and/or would interfere with the rights and privileges of the members of the College community. In accordance with §1001.64(46), F.S. the College may consider the past actions of any person applying for employment and may deny employment to a person because of misconduct if determined to be in the best interest of the College. Accordingly, applicants for employment at the College who are officially designated as Sexual Offenders/Sexual Predators will be excluded from further consideration, and employees who are officially designated as Sexual Offenders/Sexual Predators shall be given the opportunity to resign, or in the alternative, shall be separated from the College in accordance with applicable policies and procedures, including without limitation College Policies 6Hx28: 3F-03 (Suspension, Dismissal, Return to Annual Contract, or Non-Renewal of Contracts) and 6Hx28: 3E-08 (Disciplinary Action).
Information regarding sexual predators or offenders attending or employed by an institution of higher learning may be obtained from the local law enforcement agency with jurisdiction for the particular campus or by calling FDLE hotline (1-888-FL-PREDATOR) or (1-888-357-7332), or by visiting the FDLE website at: https://offender.fdle.state.fl.us/offender/sops/offenderSearch.jsf.
Informal Corrective Action
A supervisor is encouraged to address employee performance and/or behavior concerns when first identified and in a timely manner to allow opportunities for the employee to correct and improve performance and/or behavior. This includes, and is not limited to, conversations during which a supervisor and employee work together to identify ways to resolve the concerns. Supervisors are strongly encouraged to consult with ODHR Employee Relations prior to issuance of any written informal corrective action.
Informal corrective action is not considered disciplinary in nature and should demonstrate an attempt by the supervisor to correct the deficient performance and/or behavior. Should the employee’s performance and/or behavior continue to be inconsistent with the College’s established policies or procedures, the supervisor is expected to address and document these issues through a formal disciplinary action process and, as applicable, should use the informal corrective action(s) utilized as supporting documentation for the disciplinary action(s) taken.
Although informal corrective action includes tools that may be utilized by a supervisor, it is not a prerequisite to formal disciplinary action. If utilized, however, the supervisor shall maintain any documentation of informal corrective action in the employee’s department file. Examples of informal corrective actions include, and are not limited to:
- Coaching
A supervisor should engage in coaching discussions with an employee to address performance and/or behavior concerns. Coaching conversations are informal, should allow the supervisor to provide direct feedback to the employee on the concerning performance and/or behavior, the impact of the concerning performance/behavior, and allow the employee an opportunity to respond to the concerns. Additionally, coaching conversations should include a discussion on possible ways that the employee can correct the concerning performance and/or behavior.
A supervisor should maintain documentation of the coaching conversation that includes and is not limited to the date/time/location of the conversation, the performance and/or behavior issues discussed, supervisor expectations, suggestions and established timeline for employee improvement, and any other relevant information. Examples of documentation may include and are not limited to a chronology of events, written notes by the supervisor, and/or a follow up email to the employee.
- Individual Action Plan
The Individual Action Plan (IAP) is an informal performance management tool with the documentation maintained by the supervisor. This tool allows a supervisor to document performance concerns and work collaboratively with the respective employee to formulate an action plan to facilitate improvement. Though the IAP is not a prerequisite to formal disciplinary action and/or a Performance Improvement Plan (PIP), the IAP is often used to address performance concerns at the earliest possibility and prior to taking a more formal action.
For more information regarding the IAP process, supervisors may view the tool in the EDGE and/or consult with Organizational Development and Human Resources (ODHR) by contacting HR4U at 407-582-4748 (HR4U) or employeerelations@valenciacollege.edu.
- Written Counseling
When appropriate, a supervisor should document concerns and agreed-upon next steps to an employee through a Written Counseling. A Written Counseling is an informal written corrective measure or a follow up email to the respective employee that should include the date of the conversation, a summary of the concerns discussed, and if applicable, a highlight of prior conversations of a similar nature. The documentation should also include a summary of expectations moving forward, consequences for failing to adhere to those expectations, and developmental resources available to support the employee on improving the performance and/or behavior. These resources may include and are not limited to the assignment of internal or external training (technical and/or soft skill-based training) and/or the assignment of mentors who may be able to provide additional support and guidance.
Formal Corrective Action – Performance Improvement Plan
A Performance Improvement Plan (PIP) is a formal performance management process that is placed in the personnel file and is used to outline performance issues to be improved. A specific written plan of action is developed by the supervisor(s) to guide an employee’s necessary improvement. The PIP process lasts for a predetermined length of time (typically 45, 60, or 90 days), in which the employee’s performance progress is evaluated in periodic meetings (usually weekly or bi-weekly) with the supervisor. The supervisor completes written summaries of these meetings to review at the end of the PIP process in order to determine appropriate next steps.
Employees who are unsuccessful in meeting the expectations outlined in the PIP may be subject to formal disciplinary action, as described in Procedures Section IV.
For more information regarding the PIP process, and prior to issuing a PIP to an employee, supervisors must consult with a representative of ODHR by contacting HR4U at 407-582-4748 (HR4U) or employeerelations@valenciacollege.edu.