Common use of Discipline and Discharge Administration Clause in Contracts

Discipline and Discharge Administration. The University shall have the right to discipline or discharge employees for just cause. The University shall administer the disciplinary or employment termination process in a manner that does not embarrass an employee before other employees or the public when practical. The University will employ a progressive disciplinary or termination of employment process to address employee misconduct; however, exceptions to these processes, based on the nature or impact of the acts(s) of misconduct, will be made as necessary. The specific sequence of steps to be followed may include verbal counseling, formal written warning, suspension without pay, and termination of employment (discharge). These steps to be followed will be determined jointly by the employee’s immediate supervisor, department administrator, and the Office of Human Resources. The following categories include, but are not limited to, types of conduct that constitute just cause and are the basis for disciplinary action or termination of employment with the University: Violation of University policy or work rule; failure to adhere to department guidelines or University procedures; immorality, act(s) of misconduct, incompetence, disloyalty, negligence, unacceptable attendance record, unsatisfactory or substandard performance, and/or willful and persistent insubordination. Such causes are illustrative only. The employee shall have the right to Union representation during disciplinary or investigatory meetings that may lead to disciplinary action. The Union shall have the right to grieve all discharge personnel actions at Step 2 of the grievance and arbitration procedure set forth in Article 13. In the event an employee is suspended or discharged, the University shall notify the employee affected and the Union in writing, but no more than three (3) working days after the effective date of the suspension or discharge. Probationary employees may be disciplined, suspended, or discharged with or without cause and such actions shall not be subject to the grievance and arbitration procedure. Upon written request by an employee to the Office of Human Resources, notices of disciplinary action (i.e., written warning(s) and suspension notice(s)) shall be removed from employee’s official personnel file two (2) years from the date of issuance, if no other infraction(s) of the same or similar type have been entered during that period or unless removed through the grievance or arbitration procedure as set forth in Article 13.