NOTE: This section is most applicable for and relevant to staff members; however, the word “employee” is used throughout this section.
There may be times when an employee fails to meet work performance expectations explained in their job descriptions or fails to follow College policies and other policies. These situations require corrective action, a process of communicating with an employee to improve unacceptable performance or behavior. The goal is to guide the employee to correct performance or behavior by identifying problems, causes and solutions, not to punish the employee. Corrective action may include one or more of the following: a verbal warning, written warning, administrative leave without pay, reduction of pay, demotion or dismissal (termination of employment). The College reserves the right to determine the appropriate method of corrective action in each situation. Generally, the College expects that a verbal warning should be enough to correct unsatisfactory performance or behavior. If there is no improvement or if there are repeat occurrences, a more progressive corrective action approach may be appropriate. The following list of corrective actions may not be comprehensive or appropriate for all situations. There is no promise that corrective action will follow a particular progression. The College reserves the right to determine the appropriate corrective action, and it may bypass one or all steps in its sole discretion. In conjunction with the human resources office, supervisors may use other methods for correcting performance or behavior should they determine that a different method might be more successful. Documentation is an important element of the corrective-action process. Please notify the human resources office in writing (or email) prior to any corrective action taken, the reason and the performance or behavior expectation. Contact the human resources office for questions or concerns.
Verbal Warning: When unsatisfactory performance or behavior warrants a verbal warning, supervisors shall set a time and place to ensure privacy. In a conversation with just the employee (do not include co-workers, subordinates or any other person) begin with stating clearly that a verbal warning is being issued. Be specific in describing the unacceptable performance or behavior. Explain what are acceptable standards or explain what the policy is and provide any applicable written policy if available. Describe consequences of failing to correct their performance or behavior immediately and maintain the improved performance or behavior. Finally, the supervisor must notify the human resources office in writing (email is acceptable) that a verbal warning was issued and explain the reason for the warning. This note shall be included in the employee file.
Written Warning: In cases where more than a verbal warning is warranted or if a verbal warning was issued and the unsatisfactory performance or behavior continues, a supervisor may issue a written warning. In some situations, it may be appropriate to advance past a verbal warning to a written warning. Depending on the situation, more than one written warning may be issued; however, if two or more written warnings have been issued and the problem continues, alternative corrective action may be required. The human resources office can assist a supervisor in composing a written warning. A written warning shall include a clear statement of the unsatisfactory performance or behavior and a reference to prior dates verbal or written warnings were issued. If a policy infraction occurred, the warning shall include a citation of the policy and attachments of any other documents that support the conclusions being made. The written warning shall also include a description of the impact of the unsatisfactory performance or behavior, an explanation of expectations and an explanation of further consequences should the unsatisfactory performance or behavior persist (such as an intent to suspend or dismiss). The supervisor shall present one copy of the written warning to the employee and review with the employee the content of the letter. The employee shall sign a copy of the letter in acknowledgement of receipt of the warning; signing the letter need not indicate agreement with the warning. The signed letter shall be forwarded to human resources office for inclusion in the employee’s personnel file.
Administrative Leave with or without Pay: A suspension from work may be warranted in more serious situations or after at least one prior warning. That leave may be with or without pay depending upon the circumstances warranting the suspension. The human resources office must be involved in coordinating and implementing such suspensions. A written explanation of the suspension shall be hand-delivered to the employee. The written explanation shall include a statement of the reason for the suspension, a reference of prior steps taken to correct the action and a description of the impact of continued unsatisfactory performance or behavior. The written suspension explanation shall also include the number of days of the suspension and the beginning and ending dates of the suspension. It shall also include an explanation of expectations upon return to work and an explanation of further consequences should the unsatisfactory behavior or performance continue.
Reduction of Pay (within salary range) or Demotion to a Lower Classification: This alternative is available when a supervisor does not want to dismiss or suspend the employee, but judges that corrective action measures other than suspension or dismissal are necessary. This action may be temporary or permanent. A pay reduction shall not reduce an employee’s pay below the lowest level of their pay class but shall be noticeable enough to cause a correction in performance or behavior. A pay reduction may not be a viable choice if the employee is already at or near the bottom of their pay class. A demotion may be appropriate in cases of inadequate work performance or inappropriate responsibilities for the employee. A decision to demote shall be based upon a reasonable expectation that the employee will perform successfully if demoted. Contact the human resources office to initiate this process.
Dismissal (Termination of Employment): This action may be appropriate in cases of particularly serious misconduct or poor performance, or if unsatisfactory performance or behavior continues after verbal or written warnings or alternative forms of corrective action have been tried. In very serious situations of gross misconduct or policy infractions, immediate dismissal may be the only appropriate corrective action. The corrective action policy does not apply to employees during probationary periods. Contact the human resources office for assistance in facilitating the dismissal process.
Serious policy infractions, severe unsatisfactory performance, behavior or gross misconduct may result in immediate dismissal without warning. Gross misconduct may include, but is not necessarily limited to: any act or behavior that may, in the College’s judgment, seriously disrupt or disturb the normal operation of the institution; any work-related conduct which would subject the employee to criminal conviction; theft or dishonesty; gross insubordination; destruction of College property; falsification of records; misrepresentations; severe policy violations; acts of moral turpitude; or violence. Termination of employment due to gross misconduct may disqualify an employee from unemployment benefits.
Please see the Acceptable Computer Use Policy on the Marlboro College Website.
Preamble: Marlboro College has the responsibility as a community to make public and maintain an alcohol and drug policy. This policy must reflect federal and state laws, while also remaining sensitive to the character of the Marlboro College community and the values that this Community upholds. While employees of Marlboro College are held to specific standards and expectations regarding the enforcement of the College’s policy, responsibility for upholding the spirit and the terms of the College alcohol and drug policy is shared by all members of the College community, including faculty, staff and students. Students are adults and are expected to obey the law, and take personal responsibility for their actions. Educational efforts that increase knowledge and understanding will be provided on a regular and ongoing basis by the health center, the psychological counseling office and various academic departments.
Abuse of alcohol and drugs, either illicit or prescribed, threatens individual health, compromises educational development and undermines community integrity. This policy was developed through the joint participation of students, faculty and staff. It has been approved by the President and Town Meeting with the expectation that all community members will be familiar with and abide by the principles and particulars of this statement. This policy will be reviewed biennially by the dean’s advisory committee.
Vermont State Law
Vermont State law forbids the sale or serving of alcoholic beverages to persons less than 21 years of age. The law states that it is illegal for a person under 21 to misrepresent his/her age in order to under the influence, to any degree, however slight, of alcohol, drugs, either illicit or prescribed or a combination of the two. The law forbids the sale or serving of alcohol to an intoxicated person.
As required by federal statute, Marlboro College prohibits the unlawful possession, use, distribution or working under the influence of alcohol by students and employees on College property or as a part of any of its sponsored activities.
- The sponsors of College social events at which alcohol is served are responsible for adhering to state law and for meeting the general requirements outlined in this policy.
- No alcoholic beverages will be served to persons less than 21 years of age at College events or events funded by Town Meeting. Sponsors of events are therefore required to check the ages of those being served alcohol.
- Sponsors of College social events at which alcohol is served are responsible for ensuring that the amount of alcohol served does not lead to excessive drinking. The College urges sponsors of such events to keep all alcoholic beverages behind the bar so that only those assigned to pour, do so. The College prohibits serving alcoholic beverages to anyone who is intoxicated.
- Sponsors of any College social event that serve alcohol will also serve a nonalcoholic beverage and food, both in an amount that will last the duration of the event.
- Sponsors of any College social event that serve alcohol will provide transportation home to individuals requiring or wanting it.
- The College forbids the coercion to drink or indulge and discourages any kind of group pressure to drink alcohol.
- Individuals or groups that wish to purchase kegs for non-social committee or nonofficial College events at the College (such as a private party in a common room) must register the party with the dean’s office at least two working days before the event. The purpose of the registration process is to ensure that the sponsors of the event fully understand the law regarding alcohol distribution and the serious liability that is involved with sponsoring such an event.
- Consumption of alcoholic beverages in the dining hall during mealtimes shall be restricted to the stage area, unless such beverages are served as part of an event registered in advance with the dean of student’s office.
Individual and Community Guidelines
- The College encourages application of the specific College regulations and the general spirit of the policy at all privately held events.
- In an effort to further the College’s dedication to personal growth and responsible, safe living, the College encourages persons concerned about their own behavior to seek advice or assistance through the resident assistants, the student life advisors, the medical staff (counseling and health offices) or the deans. Furthermore, the College encourages persons concerned about the behavior of another to communicate with the other urging him or her to seek advice or assistance through College support offices. Counseling and medical resources are available on a confidential basis.
- The College encourages all efforts to provide education and information regarding alcohol and drug related issues and will publish and distribute local alcohol counseling and guidance resources. The College will arrange transportation when necessary for individuals seeking help outside the College area.
Alcohol related behavior that causes or can reasonably be expected to cause physical harm to persons, or damage to property, or is unreasonably disruptive will be subject to College discipline through the community court. Individuals found to be in violation of the terms of this policy will be referred to the dean of students’ office, where they will be assessed a fine and required to complete a self-assessment regarding their substance use. Fines for each violation shall be equal to the value of two hours of the state minimum wage. Fines will be paid at the student accounts office. Failure to pay the assigned fine (s) may result in community court action. The funds accumulated from fines will be used to support the sober driver program and to subsidize educational programming.
Violators of the terms of this policy will also be subject to community court action. Sanctions that the community court may impose range from formal warning through fines, community service, suspension, to expulsion and referral for prosecution. Employees who violate the standards of this policy are subject to sanctions levied through the personnel procedures and their supervisors, and these sanctions range from formal warning to termination of employment, and referral for prosecution.
At the discretion of the dean or other appropriate supervisory staff members and in consultation with the medical staff (health and/or psychological counseling offices), individuals may be referred to AA and/or required to seek out other counseling or guidance, or assistance programs off campus.
Vermont State Law
Marlboro College supports Vermont state laws pertaining to the possession and distribution of illicit drugs. These laws prohibit the use, sale or possession of regulated substances without a prescription. In the event that a member of the community becomes subject to legal action for the violation of these laws, the College will review the individual’s status, and will take appropriate disciplinary action.
Marlboro College views the use, possession, manufacture of, distribution or working under the influence of non-prescribed narcotics, amphetamines, barbiturates, hallucinogens, cannabis or other controlled substances as a threat to the health, safety and welfare of the individual, the College community and the educational mission of the College. Abuse of alcohol and drugs, either illicit or prescribed, threatens individual health, compromises educational development and undermines community integrity.
Individual and Community Guidelines
The College encourages individuals needing help as a result of their drug use, to contact a resident assistant, a student life advisor, a member of the medical staff (health and psychological counseling offices), or the deans. Further, the College encourages persons concerned about the behavior of another to communicate with the other, urging him or her to seek advice and/or assistance through appropriate College support offices. Counseling and medical resources are available on a confidential basis.
The College supports all efforts to provide education in the area of drug abuse, and supports individuals seeking help with drug related problems. Information on local drug counseling and assistance programs is available through the health center, and the College will arrange transportation when necessary for individuals seeking help outside the College.
The College will take action, including requiring individuals to leave the College community and/or get professional help, when situations involving drugs occur in which the individual or the community is adversely affected. Offenses involving the use, possession or distribution of drugs will be subject to disciplinary action by the College, with sanctions ranging from formal warning to expulsion or termination of employment and referral for prosecution.