The content of this page applies to UEA employees on the University of Minnesota, Duluth campus.
If discipline of a Member is being considered, an investigation shall be conducted by the appropriate disciplining member of the Administration or h/her designee and the following actions shall be taken before any disciplinary action is imposed:
- The Member shall be given a written notice that identifies the proposed disciplinary action, sets forth the reasons for the disciplinary action, and presents the facts that gave rise to the decision to discipline the Member.
A meeting shall be held that includes the Member, the member of the Administration who will be responsible for administering any contemplated disciplinary action, and an Association representative from the campus.
- A written notice of the date and time of the meeting shall be sent by registered or certified mail to the last known residence address of the Member concerned and also by campus mail to the Member's campus address, if any. The written notice must be postmarked at least seven calendar days before the date on which the meeting is scheduled to be held. A copy of the notice shall be sent to the Association Grievance Officer.
- The meeting must be conducted in a manner that enables all present to hear the charge(s) presented and the response, if any, of the Member who is charged.
- The Member shall have an opportunity to present in writing any facts or evidence s/he feels are relevant to the charges and resulting investigation. The written response must be postmarked within ten calendar days of the meeting.
A Member who decides not to attend the meeting described in (b) above, indicates acceptance of the proposed discipline, and the Member waives h/her rights to the grievance process.
1000.075 Disciplinary Grievances.
Any grievance filed because of disciplinary action being imposed shall be initiated at Step Two.
1000.100 Disciplinary Action.
Disciplinary action may be imposed upon a Member for just cause. Disciplinary action or measure shall include only the following:
- Written reprimand;
A Member who is to be disciplined has the right to request and have an Association grievance officer on the campus present when the disciplinary action is taken, except in cases in which a written reprimand is to be sent to a member.
1000.150 Discipline Records.
Upon written or verbal request of a Member, if no disciplinary action is taken against that Member for one (1) year following a written reprimand, the reprimand and related materials shall be removed from the Member's official personnel files as defined in Section 955.100.
If no disciplinary action resulting in a suspension is taken for two (2) years after a suspension [three (3) years after a suspension for student abuse, sexual harassment, or physical assault], upon written or verbal request of a Member the record of that suspension and related materials shall be removed from the Member's official personnel files as defined in Section 955.100 and given to the Member.
If following an investigation of a Member for possible disciplinary action, no disciplinary action is taken, then all record of such investigation shall be removed from the Member's official personnel files as defined in Section 955.100.
1000.200 Written Reprimand.
If a written reprimand is given to a Member it shall be done in a manner that will not embarrass the Member before the other employees, students or the public. The Member shall be given the opportunity to respond to any written reprimand and the response shall be entered in the Member's official personnel file(s) along with the reprimand. The Member shall be given a copy of any entry in h/her official personnel file(s) and shall be permitted to insert a response thereto. Only such material as is entered in the Member's official personnel file(s) shall be used as evidence in any subsequent disciplinary action or hearing.
If it is determined through the Grievance Procedure that a written reprimand was issued without just cause, such reprimand shall be removed from the Member's official personnel files as defined in Section 955.100.
A Member may be suspended for up to 90 calendar days with or without pay for just cause. The Member shall be notified in writing of a proposed suspension, specifying the reasons.
1000.400 Dismissal for Cause.
A Member may be dismissed for just cause upon ten calendar days advance written notice. The reason for the dismissal must be stated in the notice to the Member.
Disciplinary actions for just cause shall be subject to the Grievance Procedure. A Member dismissed for cause may initiate the grievance at Step Two. If a Member fails to grieve a disciplinary action in a timely manner pursuant to Section 800.000, such Member is considered to have waived h/her right to appeal as provided in this Agreement.
1000.600 Arbitration Hearing.
At any arbitration hearing concerning disciplinary actions for just cause, both the Member and the Employer shall have the right to be represented by counsel, to be heard, to have witnesses testify, to see all evidence and to cross-examine all witnesses. The Employer assumes the burden of substantiating the charges through presentation of proper, relevant and sufficient evidence. The hearing shall be open or closed at the mutual agreement of the parties.