WIU/UPI Agreement 2007-2011

Article 21: Sanctions
Unit A

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 Article 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 Union 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 Article 21.3. above), the Academic Vice President shall send the employee written notice of the sanction as provided for in Articles 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.
  3. Ineligibility for annual salary increases if a faculty member fails to participate in the development and implementation of a Professional Improvement Plan under Article 20.12.f.

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 University 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 University President, or designee, may suspend the employee pending the sanctioning process. Such suspension shall be with pay. The University 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 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 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 30 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 University 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 University President in determining the appropriate sanction.