Disciplinary Action

Version: 0001
Renewal Date: 7/1/2025

Objective #

This policy is intended to outline the disciplinary action steps the University of Tennessee Foundation, Inc. (UTFI) may take to address unacceptable work performance or work-related behavior and to adhere to UTFI policies and procedures.

Policy #

After considering all aspects of each individual disciplinary case, UTFI reserves the right to take any of the following disciplinary actions in response to performance and/or conduct issues.

1. Verbal Warning
2. Written Warning
3. Suspension
4. Termination

There is no requirement that discipline be progressive. An employee may be disciplined or discharged as a result of a single failure to meet a performance goal and/or a single conduct issue. Termination may be the ultimate step in an accumulation of performance or conduct issues for which verbal and/or written warnings may have been given. Factors to be considered are:

1. The nature of the performance or conduct issues under review.
2. The seriousness of the performance or conduct issues under review.
3. Previous disciplinary actions and the employee’s response thereto.
4. Previous performance and work history of the employee.

For procedures refer to TM0002D Disciplinary Action Procedure.

Employment at Will #

UTFI is an employment-at-will organization. Cause is not necessary to terminate employment.

Gross Misconduct #

Gross misconduct includes the following: theft or dishonesty; gross insubordination, willful destruction of UTFI or university property; falsification of records; acts of moral turpitude; reporting for duty under the influence of intoxicants; the illegal use, manufacturing, possessing, distributing, purchasing or dispensing of controlled substances or alcohol; disorderly conduct; provoking a fight; and other similar acts involving intolerable behavior by the employee.

1. In a case of gross misconduct, immediate disciplinary action up to and including termination may be taken.
2. During the investigation of alleged gross misconduct, an employee may be placed on administrative leave with pay.

An employee suspected of theft of UTFI or University of Tennessee (UT) property may not resign as an alternative to discharge unless the approval of the CEO and, in the case of employees leased from UT, UT’s Senior Vice President and Chief Financial Officer, is obtained in advance. An employee terminated for gross misconduct will not receive payment for accrued, unused annual leave and is not eligible for state Consolidated Omnibus Benefits Rights Act (COBRA) benefits.

Exception: If an employee is permitted to resign in lieu of termination for gross misconduct, the employee will retain rights to annual leave accruals and COBRA benefits.

Termination #

Before suspending or terminating an employee for gross misconduct, the supervisor or vice chancellor must:

1. Consult with the UTFI Talent Management office,
2. Advise the employee, orally or in writing, of the charge(s) against the employee,
3. Provide the employee an opportunity to respond.

Appeal #

An employee desiring to appeal a disciplinary action for gross misconduct must file a written request with the UTFI Office of Talent Management within fifteen (15) working days following receipt of notification of the disciplinary action taken.

Refer to TM0002D Disciplinary Action Procedure and TM0015 Termination of Employment.

Scope and Application #

This policy applies to all UTFI employees, including full-time staff, part-time staff, student workers, student interns and temporary staff for the organization.

Policy Implementation #

Implementation of the Code of Conduct will be the responsibility of all UTFI employees in consultation with UTFI Office of Talent Management leadership.

Definitions #

Verbal Warnings: A verbal warning is a conversation between a supervisor and an employee held in private about a performance or conduct issue.

Written Warnings: A written warning is a formal written notice from the supervisor to the employee documenting a performance or conduct matter.

Suspension: Suspension means the employee is relieved of their job assignment while the unacceptable work performance or work related behavior is investigated.

Termination: Termination means the employee is permanently relieved of all duties and their employment with UTFI is formally ended.

Penalties/Disciplinary Action for Non-Compliance #

Violations of the policy and any subsections herein may be cause for disciplinary action up to and including termination of employment.

Policy Administration #

The table below identifies the responsible senior official, contact information and administrative responsibilities of policy matters.

History of Revision #

Related Policies/Guidance Documents #

TM0002D Disciplinary Action Procedure
TM0015 Termination of Employment