Provost & Academic V.P. Western Illinois University 1 University Circle 211 Sherman Hall Macomb, Illinois 61455 Phone: 309/298-1066 E-mail: PS-Brown@wiu.edu

WIU/UPI Agreement 2001-2005

Article 21: Sanctions

21.1. Sanctions may be imposed for violations of employment obligations or professional ethics as specified in Board or University policy, rules and regulations or in this Agreement.

The University subscribes to the principles of progressive discipline, although there may be instances when summary action is justified (see 21.7 below).

21.2. When a sanction is being considered, a letter stating the problem (with any documentation), identifying possible sanctions, and providing notification that a formal meeting will be held, shall be sent by the Department Chair to the employee with copies sent to the Dean, Academic Vice President, and Union Chapter President.

21.3. At the time of the formal meeting, the employee may choose to waive her or his right to have a union representative present. If the matter is resolved at this meeting, or at subsequent meetings agreed upon by both parties, the employee and the UPI Chapter President shall be provided written notice of the nature of the resolution.

21.4. If the matter is not resolved at the formal meeting (in 21.3 above), the sanctioning administrator shall send the employee written notice of the sanction as provided for in 21.5 or 21.6 herein, with reasons, by certified mail, with a copy placed in the employee's personnel file.

21.5. Sanctions that may be imposed without a formal hearing include the following:

1. A letter of reprimand, which may be issued by the appropriate administrator. The employee may attach a statement in response to the letter of reprimand. This documentation shall be placed in the employee's personnel file.
2. Suspension up to two days, or a penalty equivalent to no more than two days' pay, imposed by the Academic Vice President. Documentation of this action shall be placed in the employee's personnel file.

21.6. Sanctions for which an employee is entitled to a formal hearing include:

1. suspension for more than two days; or
2. a penalty equivalent to more than two days' pay

21.7. When, in the judgment of the President the presence of an employee presents a threat to the health or safety of the employee or other members of the University community or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of the University or its members, the President, or designee may suspend the employee pending the sanctioning process. Such suspension shall be with pay. The President, or designee, may also direct that the member be removed and barred from University property.

21.8. Within two calendar weeks of the certified, restricted delivery mail notification of a proposed sanction under Article 21.6, the employee has the right to request a hearing before a faculty panel. If no hearing is requested, any sanction shall be imposed by the University President.

21.9. Formal Hearing

1. If a sanction hearing panel is requested, the panel will then be selected by the University President and the Union Chapter President, or their designees, who will draw by lottery five names from a pool of tenured full professors in Unit A employed at WIU for at least five years.
   1. ) This pool will consist of two faculty from each department (including the library) who are elected by their department colleagues no later than October 1. Names will remain in the pool for two full years.
   2. ) The five names will include no more than two representatives from each college.
   3. ) The University President and the Union Chapter President will each have the right to veto five names.
2. The panel members will serve for the duration of the sanction hearing.
3. Every effort shall be made to adjust the schedule for hearings to accommodate the assignments of the faculty on the panel. When not under contract, faculty may be given compensation.

21.10. The hearing will be held within thirty days of the employee's request for a hearing. The hearing shall be attended by the Academic Vice President or designee, the appropriate administrator, the employee, a Union representative, and legal counsel if requested.

21.11. The panel shall review the reasons for the proposed sanction and any related documentation. The panel may request any additional information or witnesses deemed necessary. The burden of proof, at a standard of clear and convincing evidence, that a sanction is appropriate and warranted rests with the University.

21.12. The panel will submit its recommendation to the employee and to the President within 10 working days of the last day of the hearing. The recommendation shall be based on the evidence presented at the hearing.

21.13. The University President shall submit her or his decision to the employee within 10 working days of receiving the panel's recommendation.

21.14. A record of any sanction imposed on an employee shall be placed in the employee's personnel file. The employee has the right to respond in writing to the written record of the sanction and also to have that response placed in her or his personnel file.

21.15. Records of previous disciplinary actions involving conduct of the same or similar nature may be used by the panel or President in determining the appropriate sanction.

Article 22: Termination

22.1. Termination of a tenured employee at any time or of a probationary employee before the end of the specified term may be effected for adequate cause, including violation of employment obligations or professional ethics as specified in Board or University policy, rules and regulations, or in this Agreement. Termination is effected only by action of the Board of Trustees upon recommendation of the President.

22.2. Before an employee is served a notice of intent to seek termination, reasonable attempts shall be made to resolve the matter informally. The University President or designee shall, when practicable, hold at least one meeting with the employee to discuss possible remedial actions by the employee or to discuss settlement of the matter. This meeting will follow consultation with the appropriate administrators. The Union Chapter President shall be informed of this meeting, and a Union representative shall, with the consent of the employee, be present at the meeting. The employee shall receive prior written notice of the purpose of the meeting including identification of the topic(s) to be discussed. Additional meetings may be held until either the employee or the President or designee notifies the other in writing of her or his belief that further meetings will not be productive.

22.3. Within 10 days of notification by either the employee or the President that further informal meetings will not be productive, the President shall provide the employee written notification of one of the following:

1. no further action will be taken and all references to the matter will be removed from the employee's personnel file; or
2. no further action will be taken but documentation pertaining to the matter will be left in the employee's personnel file; or
3. a lesser sanction has been deemed appropriate, in which case a sanction hearing panel will be convened, if applicable and requested within two calendar weeks; or
4. specific remedial actions are to be taken by the employee; the date by which these actions are to be taken, and the method for evaluating the success of the remedial actions; or
5. the terms on which the matter is to be settled; or
6. notice of intent to seek termination.

22.4. Notice of intent to seek termination shall include a statement of reasons.

22.5. Within 20 working days of receiving notification of intent to terminate, the employee has the right to request a formal hearing before a panel of five faculty members.

1. The panel will be selected by the University President and the Union Chapter President or their designees, who will draw by lottery five names from a pool of tenured full professors in Unit A who have been employed at WIU for at least five years.
   1. ) The pool will consist of two faculty from each department (including the library) who are elected by their department colleagues no later than October 1 each year. Names will remain in the pool for two full years.
   2. ) The five names will include no more than two representatives from each college.
   3. ) The University President and the Union Chapter President will each have the right to veto five names.
2. Every effort shall be made to adjust the schedule for hearings to accommodate the assignments of the faculty on the panel. When not under contract, faculty serving on the panel may be given compensation.

22.6. A hearing must be held within 90 days of the employee's request for a hearing. The hearing shall be attended by the Academic Vice President or designee, the appropriate administrator(s), the employee, a Union Representative, and legal counsel if requested. If legal counsel is present at the request of the University the expense will be paid by the University; if legal counsel is present at the request of the employee the expense will be paid by the employee. Notice of this hearing shall be given to the employee and the Union. The employee will be afforded the opportunity to present witnesses and to confront and cross-examine all witnesses. The burden of proof that there is adequate cause for termination rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The University shall employ a certified court reporter to provide an official record of the hearing, a copy of which will be provided to the employee.

22.7. The panel shall review the reasons for the proposed termination and any related documentation. The panel may request any additional information or witnesses they deem necessary.

22.8. The panel will submit its recommendation to the employee and to the University President within 15 working days of the last day of the hearing. The panel may determine that there is, or is not, adequate cause for termination; if a sanction less than termination is found appropriate, the panel may make such recommendation [see Article 21]. All recommendations shall be supported with reasons based on the evidence presented at the hearing.

22.9. The University President shall submit her or his recommendation to the employee by certified, restricted delivery mail within 30 calendar days of receiving the panel's recommendation. The President's recommendation, along with that of the Hearing Panel, shall be delivered to the Board for final action.

22.10. The Board shall be provided copies of all official notifications, recommendations and accompanying documentation.

22.11. The Board will notify the employee of its decision within 60 days of receipt of the President's recommendation.

22.12. An employee served with notice of termination may be suspended with compensation or reassigned by the University President if she or he is of the opinion that the employee's presence in her or his appointed position constitutes a threat of health, safety or bodily harm or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of the University members individually or collectively, or harm to property. The President, or designee, may also direct that the employee be removed and barred from University property. If, following the hearing process described above, it is determined that no actions against the employee will be imposed, the employee will be restored to her or his appointed position.

22.13. Records of previous disciplinary actions involving conduct of the same or similar nature may be used by the panel or President.

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