ARTICLE 19 – DISCIPLINE AND DISMISSAL
A. General Provisions
- The University shall have the authority to discipline or to dismiss a non-probationary career employee for just cause following progressive discipline. For purposes of illustration but not limitation, such action may be taken for misconduct or failure to perform satisfactorily.
- The University may discipline without prior notice of intent by oral reprimand, written warning, or suspension without pay for five (5) working days or less.
- Dismissal or suspension shall be preceded by at least one written warning, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. The employee shall be provided a copy of disciplinary action as defined in Section B.1.
- A non-probationary career employee who alleges that discipline and/or dismissal is not based on just cause, may appeal such action pursuant to the provisions in Article 23 – Grievance Procedure and Article 24 – Arbitration Procedure.
- Written Warnings are grievable through Step 3 only.
- Suspensions of five (5) days or more up to dismissal may be filed at Step (3) of the grievance procedure.
B. Types of Discipline
- Discipline. Disciplinary action consists of a written warning, a suspension, a demotion, final written warning in lieu of suspension, or a dismissal.
- Dismissal. A dismissal is the termination of employment of a non-probationary career status employee initiated by the University for just cause.
- Demotion. A demotion is the assignment of an employee from his or her current position to a position in a class having a lower rate of pay, when such assignment is made for disciplinary reasons.
- A counseling memo does not constitute discipline for the purposes of this Article.
C. Notice of Intent
- The University shall provide written notice, as described in Part C.2 below, of intent to discipline by suspension without pay for more than five (5) working days, demotion, or dismissal.
- Issuance and Content
Written Notice of Intent to suspend for more than five (5) working days without pay, demote, or dismiss shall be given to the affected employee, either by delivery of the Notice to the employee in person, or by placing the Notice in an envelope addressed to the employee at the employee’s last known home address. The Notice shall be placed in the United States Mail, or sent by courier service. The Union will be notified concurrently of the intended action by regular mail sent to the SETC-United office and via email to the Chief Steward.
It shall be the responsibility of the employee to update the University of his/her current home address and of any change in such address, and the information so provided shall constitute “the employee’s last known home address.” Whether delivery is made in person or by mail, the Notice of Intent shall contain a “Proof of Service” indication the date on which the Notice of Intent was personally delivered or mailed. Such date of delivery or mailing shall be the “date of issuance” of the Notice of Intent.
The notice shall:
- Inform the employee of the disciplinary action intended, the reason for the disciplinary action, and the effective date of the action;
- Include an explanation of the charge(s) including, where appropriate, materials relied upon and on which the charge(s) is based;
- Inform the employee of the right to respond, the person to whom any response must be directed, and the fact that such response must be received by said person within ten (10) calendar days of the date of issuance of the notice.
- Inform the employee of his/her right to representation.
D. Response to Notice – Skelly Hearing
The employee shall have the right to a Skelly review, either orally or in writing, prior to the imposition of formal disciplinary action described in the Notice of Intent. The request for the Skelly review must be received within ten (10) calendar days from the date of issuance of the Notice of Intent.
After review of an employee’s timely response, if any, the University shall notify the employee of any action to be taken. Such action to be taken may not include discipline more severe than that described in the Notice of Intent; however, the University may reduce such discipline without the issuance of a further Notice of Intent.
E. Investigatory Leave
In order to review or investigate allegations of conduct which, in the University’s view, would warrant relieving the employee immediately from all work duties, the University may place an employee on investigatory leave without prior notice. Investigatory leave periods shall be limited to thirty (30) working days with pay
, unless the University deems additional time is needed to complete the investigation; however, such extension beyond the thirty (30) working days shall be paid.
F. Destruction of Warning Letters
Warning letters will not be used and, upon written request, will be destroyed after eighteen (18) months from the date of the warning letter, provided that during such time there has been no further discipline for the same type of incident.