WAC
251-11-010 Notice of unsatisfactory work.
251-11-020 Predisciplinary notice.
251-11-030 Demotion, suspension, reduction, dismissal--Cause for.
251-11-040 Removal from supervisory positions.
251-11-050 Dismissal--Grounds for--Notice.
251-11-060 Suspension--Grounds for--Duration--Notice.
251-11-070 Immediate dismissal--Cause for.
251-11-080 Reduction, demotion--Procedure.
251-11-090 Withdrawal or amendment of charges--Time limitation.
251-11-100 Dismissal--Union shop--Notice--Recision.
251-11-110 Presumption of resignation--Unauthorized absence.
251-11-120 Probationary period--Rejection.
251-11-130 Trial service reversion.
WAC 251-11-010 Notice of unsatisfactory work. Each employee whose work is judged unsatisfactory shall be notified in writing of the areas in which the work is considered deficient. Unless the deficiency is extreme, the employee shall be given an opportunity to demonstrate improvement.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-010, filed 11/1/88.]
WAC 251-11-020 Predisciplinary notice. (1) Prior to dismissal, suspension, immediate dismissal, reduction in salary, or demotion of a permanent employee pursuant to WAC 251-11-050, 251-11-060, 251-11-070, 251-11-080, or 251-11-100, the employing institution/related board shall make reasonable efforts to give the employee:
(a) Oral or written notice of the charges against the employee;
(b) An oral or written explanation of the evidence which forms the basis for the charges;
(c) An oral or written statement of the action being contemplated by the employing official; and
(d) A reasonable opportunity for the employee to present reasons, either orally or in writing, why the proposed action should not be taken.
(2) The requirement in subsection (1)(b) of this section shall not limit the employing institution/related board from presenting a more detailed and complete case at an appeal hearing if the proposed action is taken and the employee appeals.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-020, filed 11/1/88.]
WAC 251-11-030 Demotion, suspension, reduction, dismissal--Cause for. (1) Appointing authorities may demote, suspend, reduce in salary, or dismiss an employee under their jurisdiction for just cause. Examples of activities which may result in such action are, but are not limited to: Neglect of duty, inefficiency, incompetence, insubordination, malfeasance, gross misconduct, willful violation of the published institution/ related board or higher education personnel rules or regulations, mistreatment or abuse of fellow workers or members of the public, conflict of interest, excessive absenteeism, failure to comply with union shop requirements per WAC 251-14-058, etc.
(2) Appointing authorities shall dismiss any employee under their jurisdiction whose performance is so inadequate as to be just cause for dismissal as described in subsection (1) of this section.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-11-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-030, filed 11/1/88.]
WAC 251-11-040 Removal from supervisory positions. Appointing authorities shall remove from supervisory positions those supervisors who, in violation of WAC 251-11-030(2), have tolerated the continued employment of employees under their supervision whose performance has warranted termination from state employment.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-040, filed 11/1/88.]
WAC 251-11-050 Dismissal--Grounds for--Notice. Appointing authorities may dismiss a permanent employee for just cause as specified in WAC 251-11-030. The employee shall be provided written notice of the specified cause(s), specific charges, and the right to appeal the dismissal action to the personnel appeals board. The notice shall be furnished at least fifteen calendar days prior to the effective date of the action (unless the dismissal action is to be effective as provided in WAC 251-11-070) and shall be furnished directly to the employee during his/her scheduled working hours, or if this is not possible because of the absence of the employee during his/her regularly scheduled working hours, mailed by certified letter to the employee's last known address. If the notification is furnished directly to the employee, the day it is furnished shall be counted as a day of notice. If the notification is mailed, the notice shall be considered received the same day as it is postmarked and the notice period shall be computed as provided in WAC 251-04-100.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-11-050, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-050, filed 11/1/88.]
WAC 251-11-060 Suspension--Grounds for--Duration--Notice. Appointing authorities may suspend an employee without pay for cause as specified in these rules for a period not exceeding fifteen calendar days as a single penalty or for a total of thirty calendar days in any calendar year as an accumulation of several penalties. The specified cause(s) as provided in WAC 251-11-030, specific charges, duration of the suspension, and notice of the right of appeal shall be furnished to the employee in writing no later than one day after the suspension takes effect. Notice to the employee shall be furnished in the manner provided in WAC 251-04-105.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-060, filed 11/1/88.]
WAC 251-11-070 Immediate dismissal--Cause for. After completion of the procedure required in WAC 251-11-020, if an appointing authority determines that a permanent employee is to be dismissed for cause as provided in WAC 251-11-030 and the circumstances are such that retention of the employee in an active duty status may result in damage to state property or may be injurious to the employee, fellow workers, or the client public, the employee may be dismissed immediately. The employee must be notified in writing as provided in WAC 251-11-050; however, the fifteen calendar days notice requirement does not apply. The notification must state the cause for the dismissal and in addition the necessity for the immediacy of the action.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-070, filed 11/1/88.]
WAC 251-11-080 Reduction, demotion--Procedure. Appointing authorities may reduce the salary of a permanent employee within the range or may demote an employee to a class at a lesser pay range for which he/she meets the minimum qualifications. Specific charges in writing for either of these actions shall be furnished to the employee at least fifteen calendar days prior to the effective date of the action.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-080, filed 11/1/88.]
WAC 251-11-090 Withdrawal or amendment of charges--Time limitation. Appointing authorities may withdraw or amend demotion, suspension, reduction in salary, or dismissal actions, but not after an appeal of the action has been heard by the personnel appeals board.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-11-090, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-090, filed 11/1/88.]
WAC 251-11-100 Dismissal--Union shop--Notice--Recision. Appointing authorities shall dismiss an employee who is employed within a bargaining unit that has a certified union shop representative when notified by the union shop representative of the employee's failure to comply with union shop requirements per WAC 251-14-058. The employee shall be given the opportunity to respond to the representative's notification as provided in WAC 251-11-020 before the notice of dismissal is given. If, thereafter, notice is necessary, it shall be furnished in writing to the employee at least fifteen calendar days prior to the effective date of the action. Prior to the effective date, the dismissal shall be rescinded upon the employee's presenting evidence to the appointing authority of compliance with WAC 251-14-058 or that the union shop representative has not complied with WAC 251-14-020(2) or the representation fee or nonassociation fee requirements of WAC 251-14-058.
[Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-11-100, filed 3/23/89, effective 5/1/89; 88-22-057 (Order 174), § 251-11-100, filed 11/1/88.]
WAC 251-11-110 Presumption of resignation--Unauthorized absence. An employee may be presumed to have resigned his/her position when there has been an absence without authorized leave from the job for a period of three consecutive working days. Thereafter, a notice acknowledging the presumption of resignation shall be sent by certified mail to the last known address of the employee. Within seven calendar days after the date of service, the employee may petition the appointing authority in writing for reinstatement upon proof that the absence was involuntary or unavoidable. If a permanent employee petitions within the seven calendar days and is not reinstated, notification shall be given advising of the right to appeal to the personnel appeals board as provided in Title 358 WAC.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-11-110, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-110, filed 11/1/88.]
WAC 251-11-120 Probationary period--Rejection. An appointing authority may reject an employee who has not completed a probationary period. Written notice of the action must be given to the employee at least one workday (eight hours) prior to the effective date of the action. Written notice should be given directly to the employee. If the employee is unavailable, notification shall be by certified mail. Service of papers shall be as provided in WAC 251-04-105. A probationary employee shall not have the right to appeal the rejection.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-11-120, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-120, filed 11/1/88.]
WAC 251-11-130 Trial service reversion. An employee, prior to completing a trial service period, may be reverted by an employing official for failure to perform satisfactorily in the class. When such reversion becomes necessary, the written notice and employee rights upon reversion will be as provided in WAC 251-19-060. Trial service reversion is not appealable to the personnel appeals board when the conditions of WAC 251-19-060 have been satisfied.
[Statutory Authority: RCW 41.06.150. 99-19-118, § 251-11-130, filed 9/21/99, effective 11/1/99; 98-19-035, § 251-11-130, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-130, filed 11/1/88.]