Policy 2d - Disciplinary Measures for Reprehensible Acts

Approved Administrative Committee 1026.3

DISCIPLINARY MEASURES FOR REPREHENSIBLES ACTS

PRINCIPLES

1. The University seeks to provide its support staff with a sound and productive working environment. To ensure this, certain norms of behaviour must be upheld by all employees, for the benefit of the collectivity.

2. In cases where an employee seriously departs from these norms, the University wishes that the necessary sanctions be appropriate, applied equitably throughout the campus and according to current labour laws and practices.

DEFINITION

3. The term "Reprehensible Act" refers to any of the following: disobedience, violation of security rules, carelessness at work, refusal to cooperate with co-workers, slander that could destroy the reputation of a staff member, sexual harassment, sleeping on the job, intoxication, refusal to comply with the policies, directives and procedures of the University, or any other act deemed to be detrimental to the University or to its employees.

GUIDELINES

4. The appropriate sanctions being considered to correct a reprehensible behaviour or act must take in account the following elements:

 

  • a) the seriousness of the misconduct;

     

  • b) the employee's past record, as documented in his or her official file;

     

  • c) any mitigating circumstances, if applicable.

5. Usually, disciplinary measures should be applied progressively in the following manner:

VERBAL WARNING

6. When a support staff member commits a reprehensible act, the immediate supervisor must immediately reprimand the employee verbally. The supervisor must also advise the employee that a further offence will warrant a written warning, with a copy forwarded to the employee's official file maintained within Human Resources Service.

WRITTEN WARNING

7. If a reprehensible act is again committed, the dean or director must serve the employee with a written warning indicating the nature of the offence and warning that a further offence will result in a suspension without pay. A copy of the letter must be forwarded to Human Resources Service and entered into the employee's file.

SUSPENSION WITHOUT PAY

8. If a reprehensible act is again committed after a written warning, there will be an automatic suspension without pay, for a period of one to five working days, according to the seriousness of the offence. In such cases, the dean or director must consult the director of Human Resources Service before a decision is reached. The employee must be informed of the decision, in writing, by the faculty or service management and a copy of the letter must be forwarded to Human Resources Service where it will be added to the employee's official file. The letter must specify the nature of the offence and warn the employee that the next offence will result in a longer period of suspension without pay which could lead to dismissal.

9. If a reprehensible act is again committed after a suspension without pay, the penalty is a second suspension without pay, for a period of five to ten working days according to the seriousness of the offence. Again, the faculty or service management must consult the director of Human Resources Service before a decision is reached. The employee must be informed of the decision in writing by the faculty or service administration and a copy of the letter forwarded to Human Resources Service. The letter must specify the nature of the offence and warn the employee that the next offence will result in his/her dismissal.

DEMOTION

10. In certain cases, a support staff member who commits a reprehensible act could be subject to a demotion, i.e. an appointment to a position in a lower salary range. In this case the dean or director must consult the director of Human Resources Service before taking a final decision. Once the decision is made the dean or director must convey it to the employee by letter, with a warning that the next offence will result in his/her dismissal.

DISMISSAL

11. If a reprehensible act is again committed after two suspensions without pay and depending on the particular circumstances, the employee is subject to dismissal or demotion.

12. The dean or director must consult the director of Human Resources Service who ensures that existing laws and regulations are observed and determines if the University Legal Counsel must review the case. The dean or director will then convey the decision to the employee by letter. A copy must be sent to Human Resources Service for inclusion into the employee's official file.

OMISSION OF STEPS IN PROCESS

13. In certain cases, depending on the seriousness of the offence, one or more steps of this policy may be omitted. However, such omission requires the prior approval of the director of Human Resources Service.

GRIEVOUS REPREHENSIBLE ACTS

14. When a reprehensible act is of a particularly serious nature, such as:

 

  • insubordination - dishonesty - intoxication due to absorption of liquor or of drugs that have not been prescribed by a physician and are prohibited by law, etc.

the disciplinary measure may lead to immediate dismissal. The applicable procedure is the same as the one outlined in paragraph 13.

REMARK

15. After a delay of two years, any reprehensible act committed and recorded is taken out of files, provided that no other similar offence has been committed during that period of time.

APPEAL

16. With the exception of a new employee on probation or a senior management personnel including the directors of services, any regular member of the support staff who is the subject of disciplinary measures may appeal the decision through the grievance procedure described in Policy No. 32 of the University.

17. In most circumstances, any employee wishing to submit a grievance should nonetheless abide by the directives given by his or her supervisor first, and grieve later, to avoid aggravating his or her case. Obviously, this does not apply to situations covered in law, such as the Health and Safety Act. Any employee needing information or advice in such a situation may consult the director of Human Resources Service, or his delegate.

INTERPRETATION

18. The director of Human Resources Service is responsible for the interpretation of this policy. Its application is the joint responsibility of faculty or service management and the director of Human Resources Service.

FIELD OF APPLICATION

19. The present policy applies to employees and/or situations not covered by provisions of a collective agreement.

EXCEPTION

20. No exception may be made to this policy without the written consent of the Vice-rector, Resources and Planning.

Published December 21, 1988

(Human Resources)

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