Article 16 : disciplinary measures
16.1 A disciplinary letter, suspension or dismissal is a disciplinary measure. The University must not impose any disciplinary measures without sufficient just cause.
16.2 In the application of a disciplinary measure, if the alleged acts or behaviours are serious enough, the University may disregard progressive discipline and the misconduct may be subject to serious disciplinary measures, including dismissal, upon the first alleged act.
16.3 When discipline involving a disciplinary letter, suspension or dismissal is to be applied, the dean of the faculty or the service director consults the Human Resources Service.
16.4 Disciplinary meeting
For any meeting of a disciplinary nature or that could result in a disciplinary measure, the employee, unless he expressly waives this option in writing, is accompanied by an Institute representative of his choice and available for this meeting.
16.5 If the University wishes to impose a disciplinary measure, it calls the employee to a meeting through a written notice at least one (1) working day in advance. The written notice informs the employee of the day, time and location of the meeting and of his right to be accompanied by a representative of the Institute. A certified copy of the written notice is sent to the Institute. In the event that the employee is not available, the meeting is postponed by up to one (1) working day.
16.6 When the University suspends or dismisses an employee, it notifies him in writing. This notice includes the reasons for the sanction, the duration of the suspension, if applicable, and the effective date of the suspension or dismissal.
If the employee files a grievance against or requests an arbitration of the suspension or dismissal, the University may not use any other reasons for the suspension or dismissal than those included in the notice in the previous paragraph.
16.7 The University deletes any disciplinary measure from the employee's personnel file and destroys any document or statement related to the disciplinary measure two (2) years after the sanction is imposed unless a subsequent disciplinary infraction of the same nature was added to the personnel file. The University informs the employee in writing once the documents and statements have been removed from his file and destroyed. The removal and destruction of the documents and statements is postponed to the date set for the removal and destruction of the documents and statements related to the latter sanction for a similar offence. The unit where the employee was working when the disciplinary measure was imposed is notified by the Human Resources Service that it is required to destroy any such documents related to the concerned employee that might be contained in the administrative files held in the unit.
A copy of the notice is sent to the employee, and a copy of the confirmation of the removal of the documents and statements is sent to the Human Resources Service.
Any disciplinary measures that have been decided in the employee's favour are removed from the employee's file immediately.
16.8 The University may suspend an employee with full salary and all benefits during an administrative investigation. It is understood that such suspension does not constitute discipline and cannot be the subject of a grievance. If no disciplinary measure results from this investigation, the University immediately removes from the personnel file and the administrative files held in the units, and destroys, any documents related to this suspension with pay and to the investigation. If a disciplinary measure results from this investigation, the above-mentioned documents are removed from the above-mentioned files and destroyed in accordance with the instructions under 16.7.