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33-208.003 Range of Disciplinary Actions.

Violations of the foregoing Rules of Conduct as well as other departmental and institutional policies will result in disciplinary actions, which may be by written reprimand, suspension, demotion or dismissal.

Any employee who feels that unjust disciplinary action has been given has the right to submit a grievance as established by the grievance procedures of the Department of Corrections. For disciplinary actions involving, suspension, demotion, or dismissal, permanent Career Service employees have the right to appeal to the Public Employees Relations Commission. Violation of more than one rule shall be considered in the application of discipline and may result in greater discipline than specified for one offense alone. Any questions regarding these rules and personnel procedures should be referred to the employee’s circuit administrator, warden or personnel officer.

The preceding section titled Rules of Conduct and the following list of offenses and work deficiencies with their ranges of disciplinary actions will be used by this Department in administering an effective disciplinary program.

The severity of penalties may vary depending upon the frequency and nature of a particular offense and the circumstances surrounding each case. While the following guidelines are not a substitute for impartial supervision and effective management, and do not set absolute minimum and maximum penalties, it is expected that all Disciplinary Authorities will consider them, the seriousness of the offense, and an employee’s entire work history in reaching disciplinary decisions.

Suspensions shall not exceed eighty work hours.

Offense or Deficiency First Occurrence Second Occurrence Third Occurrence Fourth Occurrence

(1) Gambling during work time Written Reprimand Written Reprimand, Suspension Suspension, Demotion, Dismissal              Dismissal

(2) Wrestling or Horseplay during work time Suspension, Demotion, Dismissal Dismissal Dismissal              Dismissal

(3) Inappropriate Idleness while working Written Reprimand, Suspension Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(4) Tardiness Written Reprimand Suspension Suspension, Demotion, Dismissal Dismissal

(5) Excessive Absenteeism Written Reprimand Suspension Suspension, Demotion, Dismissal              Dismissal

(6) Malicious Use of Profane or Abusive Language Toward Inmates, Visitors, or Persons Under Supervision              Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(7) Absence Without Authorized Leave Suspension, Demotion, Dismissal Dismissal Dismissal              Dismissal

(8) Unauthorized Distribution of Written or Printed Material of any Description While on FDC property or during work time              Written Reprimand              Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(9) Unauthorized Solicitations or Sales While on FDC property or during work time Written Reprimand              Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(10) Substandard Quality and/or Quantity of Work Written Reprimand Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(11) Reporting to Work Improperly Dressed for Job Assignment Written Reprimand Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(12) Sleeping on the Job Suspension, Demotion, Dismissal Dismissal Dismissal Dismissal

(13) Negligence (Job Related) Written Reprimand, Suspension, Demotion, Dismissal Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(14) Revealing Confidential Information to unauthorized person(s) Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(15) Possession of an Unauthorized Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, Central nervous system stimulant, Weapon or Firearm on FDC Property               Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(16) Reporting to Work under the Influence of an Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant               Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(17) Drinking an Intoxicant or using a Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant on the job               Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(18) Failure to maintain direct (sight) supervision of assigned medium, close or maximum custody inmates while outside the institution security perimeter              Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(19) Leaving Assigned Work Station without Authorization Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(20) Use of Corporal Punishment or Hazing Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(21) Falsification of Documents (Job Related) Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(22) Conduct Unbecoming a Public Employee or Failing to Maintain a Proper Level of Professionalism              Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(23) Theft of State Property or Property of Another Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(24) Willful Violation of Rules, Procedures, Post Orders, Regulations, Directives or Policy Statements              Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(25) Unauthorized Use of State Equipment, Property, or Weapons Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(26) Insubordination Suspension, Demotion, Dismissal Dismissal Dismissal Dismissal

(27) Destruction or Abuse of State Property or Equipment Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal              Dismissal

(28) Destruction of Evidence, Giving False Testimony or False Statements and/or Coercion of Others to do the same              Suspension, Demotion, Dismissal               Dismissal              Dismissal               Dismissal

(29) Unlawfully Obtaining Items of Value from or on behalf of an Inmate or Person under FDC Supervision              Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(30) Failure to Report and Turn in Without Delay all Property Found, Seized, or Taken in One’s Official Capacity as an Employee              Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(31) Failure to Submit to a Required Physical Exam Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(32) Failure to follow Oral or Written Instructions Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(33) Abuse of Sick Leave Privileges Written Reprimand, Suspension, Demotion, Dismissal Dismissal              Dismissal              Dismissal

(34) Careless or Unsafe Handling of Firearms or Other Weapons (Job Related) Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(35) Cowardice on the Job Written Reprimand, Suspension, Demotion, Dismissal Dismissal Dismissal              Dismissal

(36) Failure to report for duty when instructed to do so in time of emergency or potential emergency              Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(37) Violation of Law, whether or not on the job (conviction not required, not including civil infractions)              Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(38) Disruptive Conduct on the Job Written Reprimand, Suspension, Demotion, Dismissal Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(39) Discrimination and/or Harassment on the Job Dismissal Dismissal Dismissal Dismissal

(40) Failure to Remain Mentally Alert on the Job Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

Rulemaking Authority 944.09 FS. Law Implemented 110.227, 112.0455, 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS. History–New 10-8-76, Formerly 33-4.03, Amended 1-30-96, Formerly 33-4.003, Amended 8-5-07, 11-13-07, 1-31-10, 2-22-16.