SECTION 19 Disciplinary A/D

SECTION 19 DISCIPLINARY ACTION/DISCHARGE

19.1     No faculty member shall be disciplined or discharged without just cause. Historical guidelines commonly used by arbitrators can be found in Appendix B.

19.2     The University shall employ, where appropriate, progressive discipline, including but not limited to the following steps: verbal warning, written warning, suspension without pay, and discharge. The University shall tailor discipline to respond to the nature and severity of the offense, and will not be required to apply progressive discipline where the University reasonably believes that the severity of the alleged offense calls for the imposition of discipline at an advanced step.

19.3     Disciplinary Procedures

19.3.1  Informal meetings between the University and faculty regarding workplace issues are encouraged.

19.3.2  Faculty shall be given a fair and reasonable opportunity to respond to complaints which could result in discipline. Discipline shall not result from prior incidents or complaints to which the faculty member has not had a reasonable opportunity to respond.

19.3.3  If, prior to or during a meeting between the University and a faculty member, the faculty member reasonably concludes that discipline could result, the faculty member shall be entitled to representation by the Union. If necessary, the meeting may be suspended for a reasonable time to obtain representation. All disciplinary meetings shall be conducted in private. Settlements reached in cases where the faculty member has chosen to waive the right to Union representation shall be non-precedent setting.

19.3.4  The University may place a faculty member on paid administrative leave pending investigation of an allegation. The Union will be notified of any such action. When placing a faculty member on paid administrative leave, prior to making a determination regarding the faculty member’s access to campus resources, the University shall consider the faculty member’s research and other academic activities as well as the health, safety, and legal interests of all those involved. Faculty members on paid administrative leave are expected to remain available during normal working hours. Paid administrative leave is not discipline and is not subject to the grievance procedure.

19.3.5  Notice of Intent to Discipline. If the University intends to impose discipline that involves a loss of pay or termination of employment, the University shall inform the faculty member and the Union of the proposed discipline in writing. The written notice shall describe the event or conduct with sufficient particularity to permit the faculty member and the Union to understand the reason for the proposed discipline.

19.3.6  Pre-Disciplinary Meeting. The University will schedule a pre-disciplinary meeting to permit the faculty member to respond to a notice of intent to discipline. At the beginning of any pre-disciplinary meeting, the University will describe its proposed discipline and the general reasons for issuing the proposed discipline. The University will inform the Union in advance of all pre-disciplinary meetings.

19.3.7  Disciplinary Decision. No later than fourteen (14) calendar days after the close of the pre-disciplinary meeting, the University shall inform the faculty member and the Union of its disciplinary decision in writing.

19.4     Progressive discipline consisting of verbal warning or written warning will be administered by the dean.

19.4.1  A dean may recommend to the Provost suspension without pay or discharge. The Provost may initiate suspension without pay or discharge in writing, following the procedures in Section 19.3.

19.5.    Investigations and Discipline during Summer

19.5.1  Both parties recognize that investigations and discipline in summer present a difficulty to faculty who are not being paid and/or are often away from campus during the summer. Both parties also recognize that the University and Union have due diligence and duty of fair representation responsibilities for cases that may arise in summer.

19.5.2  Before the end of spring quarter, the Union President or designee and the University Provost or designee will meet to inventory and discuss scheduling to handle any cases that may be pending and lead to investigations and/or discipline in the summer.

19.5.3  If a complaint is received about a bargaining unit member during any period in which the University is not in session or during an academic term in which the member is not working, the college will suspend any investigation until school resumes and/or the member is again under contract. However, if, after consultation with the Union, the University reasonably believes the complaint could result in suspension without pay or discharge, the University may commence its investigation immediately.

19.5.4  Faculty not on contract who are asked by the University to participate in an investigation in the summer shall be compensated on a pro-rated basis.