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MnSCU-UTCE Master Agreement 1997-1999

ARTICLE 23
Faculty Discipline

Section 1. Disciplinary Action. Disciplinary action may be taken for just cause and normally will have remediation as its goal. Termination of probationary faculty members shall not be deemed to be discipline within the meaning of this Article and shall not be subject to the grievance procedure.

Disciplinary action or measure shall include only the following:

1. Oral Reprimand

2. Written Reprimand

3. Suspension

4. Dismissal

A faculty member who may be disciplined has the right to request and have a UTCE representative present during any investigatory interview.

Subd. 1. Oral Reprimand. An oral reprimand may be issued by the appropriate supervisor for just cause. If an oral reprimand is given to a faculty member, it shall be done in a private manner that will not embarrass the faculty member before other faculty members, students, or the public. There shall be no record or mention of an oral reprimand placed into the faculty member's personnel file.

Subd. 2. Written Reprimand. If a written reprimand is given to a faculty member, it shall be done in a manner that will not embarrass the faculty member before the other faculty members, students, or the public.

(a.) The faculty member shall have the opportunity to respond to any written reprimand, and the response shall be entered into the faculty member's personnel file along with the reprimand.

(b.) The faculty member shall be given a copy of any entry into the faculty member's personnel file within three (3) days of such entry into the personnel file and shall be permitted to insert a response thereto.

(c.) Only such material as is entered into the faculty member's official personnel file shall be used as evidence in any subsequent disciplinary action or hearing.

(d.) If it is determined through the grievance procedure that a written reprimand was issued without just cause, such reprimand shall be immediately removed from the faculty member's personnel file.

(e.) Upon the written request of a faculty member, the contents of the personnel file shall be disclosed to the faculty member and/or UTCE and/or legal counsel.

Subd. 3. Suspension. Faculty members may only be suspended for up to fifteen (15) working days with or without pay for just cause. The faculty member shall be notified in writing of a proposed suspension, specifying the reasons.

Subd. 4. Dismissal for Cause. A non-probationary faculty member may be dismissed for just cause by the College President upon ten (10) calendar days' advance written notice. The reason for dismissal must be stated in the notice to the faculty member. A copy of the dismissal notice will be simultaneously sent to UTCE.

Section 2. Grievability. Disciplinary actions for just cause shall be subject to the grievance procedure. A faculty member dismissed for cause may initiate the grievance at Step 3.

Section 3. Arbitration Hearing. At any arbitration hearing concerning disciplinary actions for just cause, both the faculty 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.