Progressive Discipline - Policy Manual, GEO Group, 2011
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POLICY and PROCEDURE MANUAL NUMBER: 3.2.8 CHAPTER: Human Resources SUPERSEDES: TITLE: Progressive Discipline NEW EFFECTIVE: ACA STANDARDS: 03/01/11 PURPOSE Progressive Discipline is a process by which employees are made aware that an opportunity for improvement exists, and supervisors follow a course of action to improve the employee’s substandard performance or behavior. Discipline is necessary when an employee’s performance does not meet standards, or when conduct violates established policies, practices or procedures. This policy sets forth The GEO Group, Inc.’s (GEO) process for promptly addressing employees who violate policy or whose actions are disruptive to the corrections, detention, or patient care environment; or whose behavior or performance has a negative impact on others or affects the safety and security of the institution. POLICY In order to deter and improve behavior or performance issues, reduce occurrences of employee policy breaches and minimize Standards of Conduct violations, supervisors should take progressive disciplinary action. This means that employees should be disciplined, from one step to another, from less severe discipline to more severe discipline, unless the severity of the infraction or violation warrants immediate stronger action. It should be understood that progressive discipline is discretionary and any violation of company policy, facility or company handbook, contractual requirement or statutory prohibition can, because of the severity of the offense, result in dismissal as an initial sanction. Management may exercise discretion when determining the level of discipline based upon the circumstances, seriousness of the violation, and previous discipline. Discipline should be administered as soon as practical after the violation. An allegation that an employee has violated a policy, or failed to meet performance expectations which may result in discipline under this policy, may require a prompt and thorough investigation. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 1 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 PROCEDURE All employees are expected to understand and comply with established job performance guidelines, policies and procedures, and standards of conduct as outlined in job descriptions and policies. Whenever there is a variance from acceptable performance or behavior, the supervisor should coach and guide the employee to understand GEO’s expectations and abide by them. Should coaching and guidance fail, supervisors should take progressive disciplinary action to deter behavior or performance issues, occurrences of employee policy breaches, or standards of conduct violations. GEO reserves the right to take any disciplinary action, up to and including dismissal (involuntary termination of employment), for the violation of any rule, commission of any offense, or adverse behavior of any kind. Given the confidential nature of an OPR report of an S3 allegation (see policy 7.1.4), should the allegation be sustained and the employee disciplined, the Facility Administrator (or Vice President if employee works in Headquarters or the Regional Offices) will personally meet with the employee to conduct the disciplinary action. The Facility Administrator does not have to personally meet with an employee for Non-S3 allegations. A. DISCIPLINE DURING THE INTRODUCTORY EMPLOYMENT PERIOD Employees employed less than 90 days are held to GEO’s high standards for behavior (conduct) and job performance. If an employee does not meet performance expectations, fails to follow rules and regulations, does not behave in an appropriate professional manner, or has poor attendance, the employee will likely be dismissed (involuntarily terminated) prior to the 90th day of employment, with or without notice. The Introductory Employment Period may be extended by an additional 90 days, only when approved in advance and in writing by the Facility Administrator. The employee will be notified in advance of the extension and the reason for it. (Extensions in Headquarters or Region offices must be approved in advance by the appropriate Vice President.) B. FORMAL DISCIPLINE In most cases, when a supervisor determines that an employee’s behavior or performance is unacceptable, there should be interaction between the supervisor and the employee to resolve the issue effectively. Human Resources staff and Department Heads at each facility are available and should be consulted to assist, coach and provide guidance to supervisors and employees to work out concerns or problems. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 2 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 When these interactions have not resolved the employee’s behavior or performance issue(s), formal disciplinary action must be taken. There are four (4) steps in the formal progressive disciplinary process: 1. Counseling 2. Written Reprimand 3. Final Reprimand 4. Dismissal 1. COUNSELING Counseling occurs when supervisors take action to correct minor performance or behavioral issues prior to pursuing more serious disciplinary action. Although not all-inclusive, examples of infractions that may warrant COUNSELING include: a. Violating Absenteeism or Tardiness policies or procedures. b. Failure to maintain personal appearance, display proper I.D., wear required uniform or appropriate clothing consistent with assigned duties. c. Failure to effectively perform work assignments, procedures, instructions or tasks. d. Wasting time, engaging in idle talk or gossip, conducting personal business during work hours, or otherwise being inattentive to duty. In order for a COUNSELING to be issued, the supervisor will: a. Complete a historical “look-back” of the employee’s disciplinary history to determine if the employee has received any prior Counseling(s) or other Disciplinary Action(s). Document all prior disciplinary actions received during the twelve (12) month period prior to the current infraction. A second occurrence resulting in Disciplinary Action within this 12-month “look-back” period is considered to be more severe, and should be handled as such. b. Meet with the employee to discuss the alleged violation of performance, behavior or policy standard. Ask the employee to write a statement responding to the allegations in writing, including factual information highlighting who, what, when, where and why. The employee should sign and date their statement. The supervisor should retain the original statement and provide the employee with a copy. c. Document the recommendation for Counseling on the Disciplinary Action Form (HR893). Complete the Disciplinary Action Form in its entirety clearly detailing the current infraction, the expectations, and the requirement that improvement must be immediate CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 3 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 and sustained. Attach all relevant documents including employee’s response to allegations, witness statements, investigative notes, etc. d. Meet with the Department Head, and Facility Administrator or designee, to discuss the situation, review the supporting documentation, and obtain approval to proceed with the Disciplinary Action. e. Meet with the employee to discuss the Disciplinary Action taking place. The supervisor will: 1. Verbally review the Disciplinary Action Form (not the supporting documentation) and verbally discuss with the employee the issues and expectations. 2. Verify that the employee understands the expected improvement requirement(s) or standard for the future. 3. Ask the employee whether there are any issues contributing to the unacceptable behavior or performance deficiency. 4. Ask the employee what he/she intend to do to correct the unacceptable behavior or performance deficiency. 5. Verify the employee agrees on a plan to make objective, job related corrective action. 6. List specific goals and set a date with the employee to review the employee’s progress. f. Ask the employee to sign the Disciplinary Action Form. If the employee refuses to sign, the supervisor will: 1. Call in a witness (another supervisor or someone from HR, not a co-worker of the employee) to verify the employee’s refusal to sign; and, 2. Request the witness to check the “employee refused to sign” box on the form, then sign and date the form in the witness signature field. g. Explain the Disciplinary Action Appeal Process to the employee (See Section F) h. Forward the original Disciplinary Action Form to facility Human Resources for maintaining in the employee’s personnel file. The HR representative will log the relevant information into GEO’s Information System, and then distribute a copy to the employee and to the supervisor. (Documents supporting the Counseling that the employee did not sign, including witness statements, will not be provided to the employee.) CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 4 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 2. WRITTEN REPRIMAND A Written Reprimand may be issued for: A repeat offense after Counseling has already been given for minor performance or behavior issue. A behavioral or performance infraction which jeopardizes facility safety or security, or affects relationships with employees, detainees, clients or law enforcement. Although not all-inclusive, examples of infractions that may warrant a WRITTEN REPRIMAND include: a. Violating Absenteeism or Tardiness policies or procedures. b. Failure to exercise proper supervision over offenders, detainees, patients or employees. c. Providing preferential treatment to employees, subordinates offenders, detainees or patients. d. Use of inappropriate language, horseplaying, playing practical jokes against others; or behaving in a way that interferes with a co-worker’s performance or is disruptive to others. e. Entering working areas when not on duty, scheduled for work, or otherwise on facility business. In order for a WRITTEN REPRIMAND to be issued, the supervisor will: a. Complete a historical “look-back” of the employee’s disciplinary history to determine if the employee has received any prior Counseling(s) or other Disciplinary Action(s). Document all prior disciplinary actions received during the twelve (12) month period prior to the current infraction. A second occurrence resulting in Disciplinary Action within this 12-month “look-back” period is considered to be more severe, and should be handled as such. b. Meet with the employee to discuss the alleged violation of performance, behavior or policy standard. Ask the employee to write a statement responding to the allegations in writing, including factual information highlighting who, what, when, where and why. The employee should sign and date their statement. The supervisor should retain the original statement and provide the employee with a copy. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 5 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 c. Document the recommendation for Written Reprimand on the Disciplinary Action Form (HR-893). Complete the Disciplinary Action Form in its entirety clearly detailing the current infraction, the expectations, and the requirement that improvement must be immediate and sustained. Attach all relevant documents including employee’s written response to allegations, witness statements, investigative notes, etc. d. Meet with the Department Head, and Facility Administrator or designee, to discuss the situation, review the supporting documentation, and obtain approval to proceed with the Disciplinary Action. e. Meet with the employee to discuss the Disciplinary Action taking place. The supervisor will: 1. Verbally review the Disciplinary Action Form (not the supporting documentation) and verbally discuss with the employee the issues and expectations. 2. Verify that the employee understands the expected improvement requirement(s) or standard for the future. 3. Ask the employee whether there are any issues contributing to the unacceptable behavior or performance deficiency. 4. Ask the employee what he/she intend to do to correct the unacceptable behavior or performance deficiency. 5. Verify the employee agrees on a plan to make objective, job related corrective action. 6. List specific goals and set a date with the employee to review the employee’s progress. f. Ask the employee to sign the Disciplinary Action Form. If the employee refuses to sign, the supervisor will: 1. Call in a witness (another supervisor or someone from HR, not a co-worker of the employee) to verify the employee’s refusal to sign; and, 2. Request the witness to check the “employee refused to sign” box on the form, then sign and date the form in the witness signature field. g. Explain the Disciplinary Action Appeal Process to the employee (See Section F) h. Forward the original Disciplinary Action Form to facility Human Resources for maintaining in the employee’s personnel file. The HR Representative will log the relevant information into the Company’s Information System, and then distribute a copy to the employee and to the supervisor. (Documents supporting the Written Reprimand CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 6 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 that the employee did not sign, including witness statements, will not be provided to the employee.) 3. FINAL REPRIMAND A Final Reprimand is the employee’s “Last Chance” and may be issued for: A repeat offense after a Written Reprimand has already been given for a standard of conduct or performance violation. A behavioral or performance infraction which jeopardizes facility safety or security, or affects relationships with employees, offenders, detainees, patients, clients or the institution. Serious policy or procedure violations, behavioral issues, safety or security breaches. If an employee receives a Final Reprimand, Disciplinary Probation will be imposed for a 12month period following the date of receiving the Final Reprimand (See Section C) The Final Reprimand is the “final” opportunity for the employee to make immediate and sustained improvement. If there is any continuation of the same infraction within a twelve (12) month period, or if there is an infraction of similar severity, the employee will be dismissed, subject to Region/Division review and approval. Based upon the severity of the infraction, an employee who receives a Final Reprimand may receive a 10% reduction in pay for the entire two (2) pay periods immediately following the date the Final Reprimand is approved by the Region/Division. In no circumstance may the hourly rate fall below minimum wage. Reduction in pay is not an option for exempt employees, employees in California, or employees who are covered by the Service Contract Act or by a Collective Bargaining Agreement. Although not all-inclusive, examples of infractions that may warrant FINAL REPRIMAND include: a. Violating Absenteeism or Tardiness policies or procedures. b. Improper use, handling, or display of firearms. c. Failure to report actual or alleged incidents of misconduct or violation of written instructions or rules. d. Misuse or abuse of supervisory authority or privilege. e. Horseplay or practical jokes which result in injury or property damage. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 7 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 f. Leaving assigned post without the approval of a supervisor. g. Failure to follow policy resulting in a contract or audit deficiency. h. Insubordination – Failure to follow instructions given by a supervisor or member of the management. (See definition of gross insubordination in the Dismissal section.) In order for a FINAL REPRIMAND is issued, the supervisor will: a. Complete a historical “look-back” of the employee’s disciplinary history to determine if the employee has received any prior Counseling(s) or other Disciplinary Action(s). Document all prior disciplinary actions received during the twelve (12) month period prior to the current infraction. A second occurrence resulting in Disciplinary Action within this 12-month “look-back” period is considered to be more severe, and should be handled as such. b. Meet with the employee to discuss the alleged violation of performance, behavior or policy standard. Ask the employee to write a statement responding to the allegations in writing, including factual information highlighting who, what, when, where and why. The employee should sign and date their statement. The supervisor should retain the original statement and provide the employee with a copy. c. Document the recommendation for Final Reprimand on the Disciplinary Action Form (HR-893). Complete the Disciplinary Action Form in its entirety clearly detailing the current infraction, the expectations, and the requirement that improvement must be immediate and sustained. Attach all relevant documents including employee’s written response to allegations, witness statements, investigative notes, etc. d. Meet with the employee, the employee’s Department Head and Facility Administrator to give the employee the opportunity to meet in person with management to discuss the allegations, provide any additional facts or evidence related to the case. e. Based upon the severity of the infraction, an employee who receives a Final Reprimand may receive a 10% reduction in pay for the entire two (2) pay periods immediately following the date the Final Reprimand is approved by the Region/Division. In this case, the supervisor will initiate two Personnel Action Forms (PAF), Form HR-812, to reduce the employee’s pay by 10% during the entire two (2) pay periods immediately following the date the Final Reprimand is signed by the employee (or signed by a witness if the employee refuses to sign). The first form is to reduce the pay for two (2) pay periods, and the second form is to increase the pay at the end of the two (2) pay periods. f. Remember that in no circumstance may the hourly rate fall below minimum wage. Also, a reduction in pay is not an option for exempt employees, employees in California, or employees who are covered by the Service Contract Act or by a Collective Bargaining Agreement. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 8 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 g. Meet with the Department Head and the Facility Administrator to discuss the situation, review the supporting documentation, and obtain approval to proceed with the Disciplinary Action. If, based upon the severity of the infraction, a reduction in pay is recommended, obtain the required approval from the Department Head and the Facility Administrator on the two (2) PAFs. h. Ensure the Disciplinary Action Form and supporting documentation is forwarded by the Facility Administrator to the Region/Division office and obtain approval from the Vice President. i. Meet with the employee to discuss the Disciplinary Action taking place. The supervisor will: 1. Verbally review the Disciplinary Action Form (not the supporting documentation) and verbally discuss with the employee the issues and expectations. 2. Verify that the employee understands the expected improvement requirement(s) or standard for the future. 3. Ask the employee whether there are any issues contributing to the unacceptable behavior or performance deficiency. 4. Ask the employee what he/she intend to do to correct the unacceptable behavior or performance deficiency. 5. Verify the employee agrees on a plan to make objective, job related corrective action. 6. List specific goals and set a date with the employee to review the employee’s progress. 7. If, based upon the severity of the infraction, a pay reduction will occur, notify the employee of the 10% decrease in pay for two pay periods, and the subsequent corresponding increase in pay after the two (2) pay periods. j. Ask the employee to sign the Disciplinary Action Form. If the employee refuses to sign, the supervisor will: 1. Call in a witness (another supervisor or someone from HR, not a co-worker of the employee) to verify the employee’s refusal to sign; and, 2. Request the witness to check the “employee refused to sign” box on the form, then sign and date the form in the witness signature field. k. Explain the Disciplinary Action Appeal Process to the employee (See Section F). CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 9 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 l. Forward the original Disciplinary Action Form and a copy of the two (2) PAFs to facility Human Resources for maintaining in the employee’s personnel file. The HR Representative will log the relevant information into GEO’s Information System, and then distribute a copy to the employee and to the supervisor. (Documents supporting the Final Reprimand that the employee did not sign, including witness statements, will not be provided to the employee.) m. If a pay reduction occurs, submit a copy of the PAFs to the facility Human Resources Department to process the decrease in pay and the subsequent corresponding increase in pay. 4. DISMISSAL Dismissal is the most severe type of disciplinary action. Dismissal, the involuntary termination of an employee from employment occurs when an employee commits a serious infraction, fails to correct on-going issue(s), or when all attempts by the supervisor to develop workable solutions fail to help the employee correct performance deficiencies or unacceptable behavior. Although not all-inclusive, examples of infractions that will result in DISMISSAL include: a. Violating Absenteeism or Tardiness policies and procedures. b. Possession or introduction of Contraband (cellular telephones or other electronic communication devices, weapons, drugs, alcohol, food items, etc.) into secure areas. c. Inappropriate contact, including but not limited to sexual contact, oral sexual contact or sexual intercourse with an offender, detainee or patient. d. Sleeping on a post or sleeping on duty. e. Failing to discharge duties or responsibilities such that the failure results in either the escape of an offender, detainee or patient, or the serious physical injury or death of another person. f. Job Abandonment – failure to show up for work or call in absence for two (2) consecutive work days in a row (Two days AWOL). g. Failure to reply truthfully to any question or request for information in any investigation, hearing, or Facility or GEO concern or procedure. h. Threats of violence or violence of any kind against others. GEO has a zero-tolerance for threats of violence, whether the threats were said in a joking manner or not. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 10 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 i. Unlawful or unauthorized possession of weapons on GEO property. j. Stealing, theft, misappropriation of funds or fraudulent activity. k. Falsifying GEO records including application for employment, personnel forms, time records, or any other records. l. Falsifying FMLA, workers compensation, health insurance, or other claims. m. Willful destruction of client and/or GEO property. n. Unauthorized use, alteration or destruction of company equipment, information or files. o. Gross Insubordination – Direct refusal in a blatant manner to complete assigned duties, follow an instruction, or a direct order from a supervisor on a work related matter. This is willful insubordination when words or actions show intentional contempt or disrespect to a supervisor. p. Arrest or conviction of a crime of moral turpitude, or that violates contractual terms between GEO and its clients. In order for a DISMISSAL to be issued, the supervisor will: a. Complete a historical “look-back” of the employee’s disciplinary history to determine if the employee has received any prior Counseling(s) or other Disciplinary Action(s). Document all prior disciplinary actions received during the twelve (12) month period prior to the current infraction. A second occurrence resulting in Disciplinary Action within this 12-month “look-back” period is considered to be more severe, and should be handled as such. b. Document the recommendation for Dismissal on the Disciplinary Action Form (HR-893). Complete the Disciplinary Action Form in its entirety clearly detailing the current infraction, the expectations, and the requirement that improvement must be immediate and sustained. Attach all relevant documents including employee’s written response to allegations, witness statements, investigative notes, etc. c. Meet with the employee, the employee’s Department Head and Facility Administrator to give the employee the opportunity to meet in person with management to discuss the allegations, provide any additional facts or evidence related to the case. In cases where Dismissal is recommended, the Facility Administrator will do the following: 1. In U.S. Corrections, the Facility Administrator will discuss the details of the infraction and review the supporting documentation with the appropriate Region CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 11 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 Director and the Region Director of Human Resources. After obtaining approval from the appropriate Region Director (with the concurrence of the Region Director of Human Resources) to support the Dismissal recommendation, the Facility Administrator will discuss and obtain written approval from the Region Vice President. The Region Director and Region Human Resources Director may participate in this discussion as needed. Once the Dismissal is approved by the Region Vice President, the documents are forwarded to Headquarters to be reviewed and approved by the Vice President of Human Resources and the Corporate Counsel before the dismissal can take place. In cases when the employee works at a U.S. Corrections facility, but is employed by GEO Care or GEO Transport, the Facility Administrator will contact the appropriate Vice President of GEO Care of GEO Transport (or designee) to discuss the infraction. 2. In GEO Care, the Facility Administrator will discuss the details of the infraction and review the supporting documentation with the appropriate Vice President(s) and GEO Care’s Directors of Human Resources. After obtaining approval from the appropriate Vice President(s), with the concurrence of the Divisional Director of Human Resources to support the Dismissal recommendation, the documents are forwarded to Headquarters to be reviewed and approved by the Vice President of Human Resources and the Corporate Counsel before the dismissal can take place. 3. In GEO Transport, Inc. (GTI), the Facility Administrator and Transportation Manager will discuss the details of the infraction and review the supporting documentation with GTI’s Director of Operations and the appropriate Region Director of Human Resources. After obtaining approval from GTI’s Director of Operations (with the concurrence of the Region Director of Human Resources) to support the Dismissal recommendation, the Facility Administrator will discuss and obtain written approval from the Vice President of Transportation. Once the Dismissal is approved by the Vice President of Transportation, the documents are forwarded to Headquarters to be reviewed and approved by the Vice President of Human Resources and the Corporate Counsel before the dismissal can take place. 4. In Headquarters or Regional Offices, the Department Head will discuss the details of the infraction and review the supporting documentation with the Director of Employee Relations and the appropriate Vice President. After obtaining approval from the Vice President, with the concurrence of the Director of Employee Relations to support the Dismissal recommendation, the Department Head and Vice President will discuss and obtain written approval from their Senior Vice President. The Vice President of Human Resources and the Corporate Counsel may participate in this discussion as needed. Once the Dismissal is approved by the Senior Vice President, the documents will be reviewed and approved by the Vice President of Human Resources and the Corporate Counsel before the dismissal can take place. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 12 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 5. The Vice President of Human Resources and the Corporate Counsel do NOT review dismissals of employees within their first ninety (90) days of employment, as these are reviewed and approved at the Region or Division level. d. Upon receipt of the Disciplinary Action Form (HR-893), approved by all those noted in the above section, ask the employee to sign the Disciplinary Action Form. If the employee refuses to sign, the supervisor will: 1. Call in a witness (another supervisor or someone from HR, not a co-worker of the employee) to verify the employee’s refusal to sign; and, 2. Request the witness to check the “employee refused to sign” box on the form, then sign and date the form in the witness signature field. e. Explain the Disciplinary Action Appeal Process to the employee (See Section F). f. Provide the employee with a copy of the Disciplinary Action Form and any other documents the employee signed. (Other documents supporting the Discharge, including witness statements, will not be provided to the employee.) g. Forward the original Disciplinary Action Form to facility Human Resources for maintaining in the employee’s personnel file. The HR Representative will log the relevant information into GEO’s Information System, and then distribute a copy to the employee and to the supervisor. h. Submit the PAF to the Human Resources Department to process the discharge and termination of employment. C. DISCIPLINARY PROBATION Any employee who receives a Final Reprimand or Disciplinary Demotion, will be placed on a 12-month disciplinary probation. While on disciplinary probation, during the 12-month period following the date the disciplinary action was taken, the employee shall not be eligible for a merit increase, any favorable salary adjustment, promotion or transfer. If a Facility Administrator believes there are mitigating circumstances and recommends an exception to this, the exception must be approved in advance by the appropriate Vice President, Senior Vice President, Vice President of Human Resources and Corporate Counsel. D. DISCIPLINARY DEMOTION An employee may be demoted for disciplinary reasons, resulting in a change in job title, a reduction in pay, or both. Disciplinary Demotions may be imposed in conjunction with a Written Reprimand or Final Reprimand, and only when it is appropriate to do so. CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 13 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 Demoting an employee is appropriate when placing the employee in a position more in line with the employee’s abilities and for which there is a reasonable belief the employee can perform at an acceptable level. Any disciplinary demotion must be approved in advance by the Facility Administrator, recommended by the Region/Division Human Resources Director, and approved by the Region/Division Vice President (See Authorization Matrix for HR Transactions). Disciplinary Probation will be imposed for a 12-month period for any employee receiving a Demotion. The Facility Administrator upon receiving approval from the Region/Division Vice President to initiate demotion will coordinate with facility Human Resources to: Initiate the Personnel Action Form (PAF), Form HR-812, and obtain required approvals. Submit a copy of the PAF to facility Payroll Department in notification of the demotion. Notify the employee in writing regarding the date of demotion by giving him/her a copy of the Personnel Action Form. Retain a copy of the approved PAF and any written documentation of the demotion in the employee’s personnel file. E. ADMINISTRATIVE LEAVE It may be necessary to immediately place an employee on unpaid Administrative Leave for an incident or allegation where there is an immediate safety or security risk, or to protect the integrity of an investigation. An employee who is alleged to have committed an S3 violation may also be placed on Administrative Leave without pay (See policy 7.1.4). All Administrative Leaves must be approved in advance by the Region or Division Vice President, or their designee. F. DISCIPLINARY ACTION APPEAL PROCESS The Hotline will not be used to appeal disciplinary actions. The Hotline is a communication channel to report complaints regarding staff misconduct, accounting and auditing, hostile work environment and sexual harassment. Employees who call the Hotline to appeal a disciplinary action will be told to follow the appeal process (and use the Employee Disciplinary Appeal form, HR 841). Therefore, if the employee is dissatisfied with the outcome of the disciplinary process, the employee must follow the chain-of-command to appeal the disciplinary action taken. If the employee fails to follow the steps and timelines described below, the appeal will not be considered. No one will be retaliated against for following the chain-of-command to resolve an issue. To appeal a Disciplinary Action, the employee will, within ten (10) calendar days after the disciplinary action, file an appeal by doing the following: CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 14 of 15 POLICY AND PROCEDURE MANUAL NUMBER: 3.2.8 1. Submit the Employee Disciplinary Appeal form (HR 841) to their Facility Administrator. The form should include: a. A copy of the Disciplinary Action. b. Reason(s) to appeal the Disciplinary Action (provide specific facts and justification). c. Resolution sought (what the employee would like to see done and why). d. Attach any supporting documentation. 2. If the employee is dissatisfied with the written response to their appeal from their Facility Administrator, the employee may submit the Employee Disciplinary Appeal form (HR 841) to their Region/Division Vice President or designee within ten (10) calendar days after receipt of the response from the Facility Administrator. The form should include: a. A copy of the Disciplinary Action. b. Reason(s) to appeal the Disciplinary Action (provide specific facts and justification). c. Resolution sought (what the employee would like to see done and why). d. The form including the written response from their Facility Administrator. 3. If the employee is dissatisfied with the written response to their appeal from their Region or Division Vice President, the employee may submit the Employee Disciplinary Appeal form (HR 841) to their Division Senior Vice President within ten (10) calendar days after receipt of the form with the written response from the Region/Division Vice President. The form should include: a. A copy of the Disciplinary Action. b. Reason(s) to appeal the Disciplinary Action (provide specific facts and justification). c. Resolution sought (what the employee would like to see done and why). d. The form with the written response from their Facility Administrator. e. The form with the written response from their Region or Division Vice President. The Employee Disciplinary Appeal form (HR 841) should be mailed to the appropriate Senior Vice President at: The GEO Group, Inc. One Park Place, Suite 700 621 Northwest 53rd Street Boca Raton, FL 33487 The determination by the Senior Vice President is final and is the last step of the appeal process. APPROVED: Corporate Officer 03/01/11 EFFECTIVE: CONFIDENTIAL AND PROPRIETARY INFORMATION OF THE GEO GROUP Page 15 of 15