Common use of Investigations of Misconduct Clause in Contracts

Investigations of Misconduct. In disciplinary situations arising from alleged misconduct, the College will need to determine the surrounding facts and events that may be the basis for disciplinary action. In situations when discipline beyond the level of a written reprimand may reasonably be contemplated, the College will take the following steps: a. The College will notify the employee and the Union in writing that it is investigating specified alleged conduct that, if substantiated, would likely carry a recommendation for discipline beyond written reprimand. The College will schedule a meeting with the employee as part of its investigation into the matter. The College shall inform the employee of the employee’s right to have a Union representative present for any meeting which the employer reasonably believes may lead to disciplinary action. The College shall advise the employee and the Union of the allegations in advance of the investigatory meeting. The employee is also free to provide a written response and supporting documentation, if any, to the College, either before the meeting and/or within five (5) days of the meeting held with the employee. At the meeting, the employee may bring witnesses who have information related to the issues being investigated. However, this does not preclude the College from conducting interviews with others in the course of its investigation. b. An employee may be placed on immediate administrative leave with pay while the investigation is conducted. Placement on paid administrative leave is part of the investigative process and is not considered discipline. c. An employee may ask for and shall have the right to have a union representative present whenever the employee is asked to participate in an investigatory meeting which he or she reasonably believes may lead to disciplinary action. d. Within forty-five (45) days following the notification of the employee, unless special circumstances are present and documented, the College will notify the employee and the Union by letter of any findings, conclusions and recommended action. e. If there is a recommendation for discharge, the procedures in Section 3 will be followed. In all other cases, upon receipt of the letter indicating what final action was taken, the employee may exercise his or her rights under the grievance procedure. Any challenge by an employee or the Union to the discipline decision must be processed under the grievance and arbitration provisions of this Agreement.

Investigations of Misconduct. In disciplinary situations arising from alleged misconduct, the College will need to determine the surrounding facts and events that may be the basis for disciplinary action. In situations when discipline beyond the level of a written reprimand may reasonably be contemplated, the College will take the following steps: a. The College will notify the employee and the Union in writing that it is investigating specified alleged conduct that, if substantiated, would likely carry a recommendation for discipline beyond written reprimand. The College will schedule a meeting with the employee as part of its investigation into the matter. The College shall inform the employee of the employee’s right to have a Union representative present for any meeting which the employer reasonably believes may lead to disciplinary action. The College shall advise the employee and the Union of the allegations in advance of the investigatory meeting. The employee is also free to provide a written response and supporting documentation, if any, to the College, either before the meeting and/or within five (5) days of the meeting held with the employee. At the meeting, the employee may bring witnesses who have information related to the issues being investigated. However, this does not preclude the College from conducting interviews with others in the course of its investigation. b. An employee may be placed on immediate administrative leave with pay while the investigation is conducted. Placement on paid administrative leave is part of the investigative process and is not considered discipline. c. An employee may ask for and shall have the right to have a union representative present whenever the employee is asked to participate in an investigatory meeting which he or she reasonably believes may lead to disciplinary action. Nothing in these provisions requires the College to notify the employee of such right. d. Within forty-five thirty (4530) days following the notification of the employee, unless special circumstances are present and documented, the College will notify the employee and the Union by letter of any findings, conclusions and recommended action. e. If there is a recommendation for discharge, the procedures in Section 3 will be followed. In all other cases, upon receipt of the letter indicating what final action was taken, the employee may exercise his or her rights under the grievance procedure. Any challenge by an employee or the Union to the discipline decision must be processed under the grievance and arbitration provisions of this Agreement.