Joint #23 Article 19

November 11, 2000
Joint #23
Article 19

DISCIPLINARY MEASURES AND NON-DISCIPLINARY RELIEF FROM DUTIES

INTRODUCTION

19.01 An ASM may be disciplined only for just and reasonable cause. Such disciplinary action shall be reasonable and commensurate with the seriousness of the violations.

19.02 The causes for discipline shall include, but are not limited to: gross misconduct; an immediate threat to the University’s employees, students or physical facilities; misrepresentation of credentials; persistent neglect of duty; failure to maintain an acceptable standard of competence and performance in duties appropriate to the appointment; or malicious damage to University property.

19.03 The only disciplinary measures that may be taken by the University are the following:

(a) a letter of warning or reprimand

(b) suspension without loss of pay

(c) suspension with loss of pay

(d) dismissal.

19.04 Except for action taken under Clauses 19.12 to 19.16:

(a)u when the University decides that an investigation is not required, disciplinary action shall be initiated within thirty (30) days of the date the University knew, or ought reasonably to have known, of the occurrence of the matter giving rise to the discipline.

(b)u when the University decides that an investigation is required that might lead to the imposition of discipline, the ASM shall be notified in writing of the alleged infraction within fifteen (15) days of the date the University knew, or ought reasonably to have known, of the occurrence of the matter which might give rise to the discipline. The investigation shall be confidential and conducted in such a way as to balance the need for a fair investigation with the rights to privacy of the person(s) accused and the person(s) making the allegation(s). The ASM shall be notified of the result of the investigation within fifty-five (55) days of the first notice.

(c)u when a complaint is made by a student concerning the actions of an ASM who is currently teaching the student complainant, the date on which the University knows, or ought reasonably to know, of the matter giving rise to the discipline may, at the University’s discretion, be deemed to be the last day on which the marks for courses in the current semester are scheduled to be submitted to the Registrar. If the University has exercised this option, the University shall take no disciplinary action or any action that may lead to discipline until after the last day in which marks for courses in the current semester are scheduled to be submitted to the Registrar.

19.05#1u Any disciplinary action taken under this Article shall remain confidential until the time limit for submitting a grievance regarding the imposition of that discipline has passed. If a grievance is submitted, the disciplinary action shall remain confidential until the grievance is resolved or the arbitration commences.

19.06 (a) Neither medical disability nor illness shall be cause for reprimand, suspension or dismissal.

(b) If an ASM has been disciplined for an incident he or she claims resulted from medical disability or illness, he or she shall so notify the University. In such cases, the University may require the ASM to provide a medical certificate from a physician of his or her choice. The physician shall be requested to advise whether medical disability or illness might reasonably have caused the incident which led to the initiation of disciplinary action, and if so, recommend whether the ASM should be placed on sick leave. If the University challenges the physician’s assessment, the advice of a second physician of the University’s choice shall be obtained. If these two physicians disagree, a third physician acceptable to the Association and the University shall be consulted and his or her opinion shall stand. The ASM shall not unreasonably refuse to be examined by a physician.

(c) The ASM shall allow the University, and, as part of an application for Long Term Disability Insurance the University’s insurers, access to the necessary medical information to confirm the medical disability or illness. This medical information shall remain strictly confidential. If the medical examination substantiates the ASM’s claim that medical disability or illness caused the incident which led to the initiation of disciplinary action, any disciplinary action that has been taken shall be rescinded and, in accordance with the physician’s recommendation arising from the medical examination, the ASM shall accept sick leave or shall continue or resume his or her duties.

(d) When one or more physicians’ assessments are sought in accordance with Clause 19.06(b), the University shall be deemed to have known of the occurrence of the matter as of the date of receipt of the final physician’s assessment. If the University continues with discipline after receiving the physicians’ assessments, the time permitted in Article 20 for the Association to file a grievance shall begin from the time the University notifies the ASM of its intention to continue discipline following receipt of the final physician’s assessment.

(e) Once the physicians’ assessments relating to a specific incident have been received in accordance with this clause, the ASM cannot request a further investigation based on a defence of medical disability or illness, except as part of a grievance resolution or because substantive new information regarding the disability or illness has become available.

19.07 If an ASM goes on sick leave in accordance with a physician’s recommendation, as set out in Clause 19.06(c), the ASM shall receive benefits in accordance with the sick leave provisions of Article 22.

19.08 Letters of warning or reprimand shall be clearly identified as being disciplinary measures, shall contain a clear statement of the reasons for taking this action and shall be delivered by the University in a manner that provides proof of receipt, either by means of a receipt signed by the individual ASM so named in the letter, or in the presence of a witness other than the person delivering the letter. Further proceedings shall not commence until the Administrative Head has proof of delivery.

SUSPENSION

19.09 When the University intends to suspend an ASM with or without loss of pay as a form of discipline, the University shall provide written notification of the dates of commencement and termination of the suspension and of the reasons for the suspension to the ASM. Such notification shall be delivered by the University in a manner that provides proof of receipt, either by means of a receipt signed by the individual ASM so named in the letter, or in the presence of a witness other than the person delivering the letter. Further proceedings shall not commence until the Administrative Head has proof of delivery.

19.10 If suspension with loss of pay is proposed, the case shall then be treated as an unresolved grievance which has been processed through Step 2, in accordance with Article 20 of this Collective Agreement. If, within twenty (20) days of receipt of the written statement of reasons for the proposed suspension, the Association gives notice to arbitrate, the procedures in Clauses 20.07 to 20.16 shall be followed.

19.11 Only if the Association then fails to give notice to arbitrate within fifteen (15) days or if the grievance, if one is filed, is denied at arbitration may the University implement the suspension.

DISMISSAL FOR CAUSE, PART A

19.12 When the President and the appropriate Dean, or equivalent, are satisfied that there is cause to justify their recommending that an ASM be dismissed for persistent neglect of duties or for failure to maintain an acceptable standard of competence and performance in duties appropriate to the appointment, they shall forthwith notify the ASM of their intentions.

19.13 Notwithstanding the generality of Clause 19.12, where the cause is based on gross incompetence or gross and persistent neglect of duty, termination of the appointment of an ASM shall be initiated no sooner than twelve (12) months following the issuance to the ASM of a letter of warning or reprimand in accordance with Clause 19.08.

19.14 The President and the appropriate Dean, or equivalent, shall invite the ASM to meet with them in an attempt to settle the matter, and the President shall simultaneously inform the Association of their intention to hold the meeting, and notify the ASM that he or she may be accompanied and assisted by a representative of the Association. He or she may also be accompanied and assisted by another person of his or her choice.

19.15 If the meeting fails to settle the matter, the President shall inform the Association and the ASM of his or her intention to recommend the dismissal of the ASM, with a detailed written statement of reasons.

19.16 The case shall be treated as an unresolved grievance which has been processed through Step 2, in accordance with Article 20 of this Collective Agreement. If, within thirty (30) days of receipt of the written statement of reasons for recommending dismissal, the Association gives notice to arbitrate, the procedures in Clauses 20.07 to 20.16 shall be followed. Only if the Association does not give notice to arbitrate within thirty (30) days or if the grievance is denied at arbitration may the President transmit his or her recommendation for dismissal to the Board. The ASM shall continue to receive salary and benefits in accordance with Article 30 of this Collective Agreement until the Board has approved this recommendation from the President to dismiss.

DISMISSAL FOR CAUSE, PART B

19.17 When the President is satisfied that there is cause to justify his or her recommending that an ASM be dismissed for a reason other than those specified in Clause 19.12, he or she shall forthwith notify the ASM of his or her intentions with a written statement of reasons.

19.18 If, within twenty (20) days of receipt of the written statement of reasons for recommending dismissal, the Association files a grievance, the case shall be treated as an unresolved grievance which has been processed through Step 2, in accordance with Article 20 of this Collective Agreement. If a grievance is filed, the following procedures shall apply:

(a) A single arbitrator shall be utilized, and both Parties shall expedite the hearing of the matter so that a decision may be rendered within at most four (4) months from the appointment of the arbitrator.

(b) The University shall pay the ASM’s salary and benefits until the

decision of the arbitrator is received or for a period of four (4) months from the appointment of the arbitrator, whichever is the lesser.

(b#1x) If the pay of an ASM is interrupted because the time limit in (b) above has been reached, the ASM shall be deemed to be on leave without pay until the arbitration award is received by the parties.

(c)u If the grievance is allowed at arbitration, but the decision is received after the four (4) month period referenced in Clause 19.18 (b) has expired, the University shall pay the ASM’s salary and the University’s share of benefits for the period between the end of the four (4) months and the date the decision is received.

19.19 When a grievance involving Dismissal for Cause, Part B is filed, and the grievance is denied at arbitration the President may transmit his or her recommendation for dismissal to the Board. The ASM shall continue to receive salary and benefits in accordance with Article 30 of this Collective Agreement until the Board approves this recommendation from the President to dismiss or until the four (4) month period referenced in Clause 19.18 (b) has expired, whichever is the lesser.

19.20 The Parties agree that in order to expedite the hearing, the arbitrator shall be chosen according to the procedures in Article 20, with the proviso that the arbitrator chosen shall agree to render the decision within the four (4) month period.

19.20#1u If no grievance is filed, the President may transmit his or her recommendation to the Board. The ASM shall continue to receive salary and benefits in accordance with Article 30 of this Collective Agreement until the Board approves this recommendation from the President to dismiss.

NON-DISCIPLINARY RELIEF FROM DUTIES

19.21 An ASM may be immediately relieved from duties if either:

(a) the actions of the ASM constitute a serious danger to life or limb; or

(b) the actions of the ASM constitute a serious and willful danger to the University’s physical facilities.

19.22 In the case of such relief from duties, the University shall immediately and simultaneously notify the ASM and the Association, giving the reasons for the relief from duties. Such notification shall not in itself constitute a disciplinary measure.

19.23 During the period of such relief from duties, the ASM shall continue to receive normal salary, salary increases and benefits.

CRIMINAL CHARGES AND CONVICTION

19.24 An action of an ASM may result in disciplinary action or criminal action or both. A criminal charge or conviction is not in and of itself grounds for discipline or dismissal. Any disciplinary action which follows from the events that give rise to the charge or conviction shall be subject to all the protections of this Collective Agreement.

19.25 In the event that an ASM is accused of an offence which requires a court appearance, he or she shall be granted leave of absence without loss of benefits, and pay, to which he or she would otherwise be entitled, for the actual time of such an appearance. In the event that the accused ASM is jailed awaiting a court appearance, he or she shall receive leave without pay. The ASM shall have the option of taking annual vacation leave to which he or she is entitled in lieu of all or part of the leave without pay.

19.26 If an ASM is incarcerated following conviction, and the University does not elect to discipline the ASM, he or she shall be granted leave of absence without pay for a maximum period of two (2) years. The ASM shall have the option of taking annual leave to which he or she is entitled in lieu of all or part of the leave without pay.

19.27 As far as circumstances allow, including the outcome of disciplinary action that the University might take, an ASM who has been charged or convicted shall continue to pursue his or her normal University duties.

19.28 The University shall encourage and participate in a professionally recognized and managed rehabilitation program for an ASM who has been convicted. Participation shall include permitting the ASM to return to employment, adjusting course scheduling or workload to permit rehabilitation, and other related accommodations for a reasonable period of time. Participation may, at the discretion of the University, include direct financial support for a rehabilitation program.

SEXUAL HARASSMENT

19.29 An allegation of sexual harassment against an ASM shall not be the subject of disciplinary action, except in accordance with the University-Wide Procedures on Sexual Harassment Complaints, dated December 18, 1991, and attached to this Collective Agreement as Appendix C.

19.30 Any such disciplinary actions taken by the University against an ASM shall be subject to this Article, and may be grieved under Article 20.

[MUNFA NOTE: The agreed text of 19.31 to 19.40 is Joint #4, dated 25 Feb 00.]
W. E. Schrank

J. E. Strawbridge