CAUT | ACPPU
Canadian Association of University Teachers
Services
Model Clause on Suspension, Discipline and Dismissal
1.1
A member may be disciplined only for just, reasonable, and sufficient cause. Such disciplinary action shall be fair, reasonable, commensurate with the seriousness of the violations, and based on the principle of progressive discipline.
1.2
The only disciplinary measures that may be imposed are:
a) a letter of warning
b) a letter of reprimand
c) suspension with pay
d) suspension without pay
e) dismissal for cause
1.3
A letter of warning or reprimand may only be issued by administrative officers designated by the Employer who are not themselves members of the bargaining unit.1
1.4
Suspension is the act of the Employer in relieving a member of all university duties for cause without his/her consent. Only the President of the University may suspend a member of the bargaining unit.
1.5
Dismissal for cause means the termination of an appointment by the Employer.2
1.6
The Employer bears the onus of proving that any disciplinary action taken was for just, reasonable and sufficient cause.
2.1
Failure to renew a limited-term contract, failure to grant tenure, or lay-off pursuant to financial exigency shall not constitute discipline.
2.2
In no case shall reports of disciplinary measures be used as part of conversion, renewal or reappointment, tenure, or promotion recommendations or decisions.
If disciplinary procedures are in progress while a member is being considered for conversion, renewal, tenure, promotion or sabbatical, at the request of the member, the consideration process shall be deferred until the disciplinary process has been concluded. In cases of renewal or tenure, the member's contract shall be extended by the length of the deferral to allow for completion of the tenure or renewal process.
2.3
Disability shall not be cause for discipline.
2.4
The failure or refusal of any member to pass through or work behind any picket line lawfully established shall not be deemed a breach of this collective agreement, and the Employer shall not discipline or otherwise discriminate against any such member.
2.5
Disciplinary action shall be initiated only after completion of a fair and complete preliminary investigation, and shall not be based on anonymous information.
3.1
Disciplinary action may be initiated only within 20 working days of the date the designated officer3 knew, or ought reasonably to have known, of the occurrence of the matter giving rise to the discipline.
3.2
Should the designated officer decide that disciplinary action may be warranted, the member shall be notified in writing by registered mail to the member's last known address. The letter shall provide specific details of the alleged cause for the discipline including all names, places, and dates of the alleged incidents. A copy of this letter shall simultaneously be sent to the Association.
3.3
Within the 20 working days designated in 3.1 the designated officer shall meet with the member to discuss the alleged cause for discipline. The member shall be given at least seven (7) working days notice of the time and place of the meeting. The member shall be represented by an Academic Staff Association representative. An attempt shall be made at the meeting to resolve the matter in a manner satisfactory to all concerned.
3.4
If no satisfactory solution is reached at the meeting provided for in 3.3, the Employer shall notify the member in writing of the disciplinary decision and the specific details of the alleged cause for the discipline including all names, places, and dates of the alleged incidents.4 This notice shall be sent within five (5) days of the meeting provided for in 3.3 by registered mail addressed to the member at the member's last known address. Any action which is not confirmed in writing in this manner shall not form part of member's file.5 A copy of this notice shall simultaneously be sent to the Association.
3.5
The Employer shall make every reasonable effort to notify the member of the meeting contemplated in 3.3. If the Employer is unable to so notify the member, the meeting shall be dispensed with and the Employer may immediately give notice of discipline in accordance with 3.4.
3.6
The Employer shall not introduce into evidence at arbitration any notices of discipline of which the member was not aware or any material which is not properly part of the member's Official File. Any evidence introduced at an arbitration relating to discipline shall be confined to that which is relevant to the grounds of the notice of discipline referred to in 3.4 above.
3.7
A member who is suspended or dismissed shall be retained on active duties with full salary and benefits until any grievance contesting such disciplinary action has been finally resolved through the grievance and arbitration procedures set out in article XX, or the time limits for filing such a grievance under article XX have expired.
3.8
Notwithstanding 3.7 a member may be suspended with full pay and benefits prior to the resolution of any grievance challenging such suspension or the expiry of the time limits applicable to the filing of such a grievance, if he or she poses a real and present danger to the safety of any member of the University community, or a serious and immediate threat to the functioning of the University. This action shall be taken only after due consultation with the Academic Staff Association.
3.9
Failure of a member to grieve a letter of reprimand or warning shall not be deemed an admission of the validity of the reprimand or the warning.
4.1
When a member is accused of an offence, he/she will be granted leave of absence without loss of benefits and pay in the following circumstances:
a) actual time of court appearance;
b) time spent in jail pending court appearance;
c) in the event he/she cannot fully discharge his/her academic duties due to bail conditions imposed by a court.
4.2
If a member is incarcerated following a conviction, he/she shall be granted leave of absence without pay. The member shall have the option of taking annual vacation leave to which he/she is entitled in lieu of all or part of the leave without pay.
4.3
As far as circumstances allow, a member who has been charged or convicted shall continue to pursue his/her normal university duties.
4.4
The University shall support a rehabilitation program for a member who has been convicted.
4.5
Any record of discipline shall be removed from a member's official file after a period of 24 months from the date of the alleged infraction provided that no subsequent infractions have been proven within that period.
Approved by CAUT Council, November 1996; revised November 1997;
November 2003; editorial changes, December 2004.
1. Your collective agreement should identify this individual.
2. Ensure that your clause is consistent with your University Act which may empower the President or another official to dismiss.
3. Your collective agreement should specify this official, normally the dean or the chief librarian.
4. Ensure that your clause on personnel files provides for full disclosure of all relevant material. If not, add a requirement in this clause which provides for full disclosure at the time of a disciplinary decision.
5. Your collective agreement should cross reference the clause on personnel files. See CAUT Policy Statement on Individual Files.
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