Disciplinary measure scheme 2010
The Executive Board of the University of Twente,
Whereas further rules may be set to the imposing of disciplinary measures;
In view of clause 6.12, third subclause of the Collective Labour Agreement (CAO) Dutch Universities;
With the approval of the employee organisations in the Local Consultation (consultation meeting of 17 December 2009)
The following arrangement will be adopted:
Clause 1 Definitions
Administrator: the administrator as referred to in clause 29 of the Administration and Management Regulations University of Twente;
CAO NU: Collective Labour Agreement Dutch Universities
Executive Board: Executive Board of the University of Twente
Scheme: the Disciplinary Measures Scheme University of Twente
University: University of Twente
Employee: the employee as referred to in the Collective Labour Agreement Dutch Universities (CAO NU) who is employed by the University of Twente
Clause 2 Competence
The competence for imposing disciplinary measures lies with the Executive Board.
Clause 3 Disciplinary measures
3.1. Neglect of duty is involved if an employee has violated a regulation applicable to him, has failed to comply with a prevailing obligation or has done or failed to do something that a good officer should have refrained from doing or should have done.
3.2. The Executive Board may impose a disciplinary measure upon an employee who is guilty of neglect of duty, which measure shall be in relation to the neglect of duty. The following disciplinary measures can be imposed:
a. a written reprimand;
b. deducting salary or withholding leave;
c. a transfer;
e. dismissal (without notice of termination).
3.3. Except in the case of a written reprimand, the Executive may impose a conditional measure or measures.
Clause 4 Procedure
4.1. The administrator puts a written request to the Executive Board to impose the disciplinary measure(s) on an employee, stating the reasons for it, and accompanied by the relevant documents.
4.2. The intention to impose a disciplinary measure will be communicated to the employee in writing. The reason for imposing the measure is stated and explained.
4.3. Before the Executive Board takes a decision, the employee is given the opportunity to give his oral account. If the employee prefers this, he can respond in writing.
4.4. The employee can have himself assisted by counsel.
4.5. A report is made of the oral account. The report is signed by the employee and the person in the presence of whom the account took place. If the employee refuses to sign, a note of this will be made on the report, stating the reasons.
4.6. If the employee is not expected to have any objections against imposing the disciplinary measure, or when the required speed requires an immediate decision to be made, a hearing or providing a written response as referred to under point 4.3 is not required. In these cases, an immediate decision can be taken.
4.7. A measure must be imposed in writing stating reasons. The decision including the report of the hearing will be provided to the employee personally, or sent by registered mail with acknowledgement of receipt. The decision will state that the employee can appeal to the Executive Board against the disciplinary measure within six weeks.
Clause 5 Effective date
This scheme becomes effective on 8 March 2010. From this date, the applicability of the Disciplinary Measures Scheme University of Twente 1998 will no longer be applicable.
Pursuant to clause 6.12. of the CAO NU, a disciplinary measure may be imposed on the employee who is guilty of neglect of duty, which measure is in relation to the neglect of duty. This clause does not contain a listing of the disciplinary measures to be imposed. Pursuant to the provisions laid down in clause 6.12, third paragraph of the CAO NU, the University is free to formulate its own measures.
Whether a measure is in relation to the neglect of duty will be examined on a case-by-case basis. In certain cases, it will be appropriate to give the employee a written warning first before imposing a disciplinarian measure.
A disciplinary measure (disciplinaire maatregel) is to be distinguished from a disciplinary action (ordemaatregel). Disciplinary measures are governed by public servants disciplinary law. Disciplinary law seeks to ensure that the public servant performs the tasks assigned to him in a subordinate capacity to the competent authority, in accordance with the rules and norms set.
Disciplinary actions are all the measures that seek to promote, effect or maintain peace and order in the work situation. A disciplinary action may precede a disciplinary measure.
Clause 1, a.
The dean is the administrator of the faculty. The academic director is the administrator of the academic institute. The director is the administrator of the service department.
For the legal equality and an unambiguous and careful application by the University, only the Executive Board has the authority to impose disciplinary measures, and this authority has not been delegated.
Clause 3.2., sub b
Clause 3.1., third subclause of the CAO NU provides the possibility in the event of culpable absence of the employee to withhold salary according to the principle “no labour no pay”. Withholding salary as a disciplinary measure is a different situation. This is a punitive measure that can be imposed for reasons of neglect of duty.
Clause 3.2., sub c
A transfer as a disciplinary measure is to be distinguished from a transfer in the interest of the university. The latter measure is a disciplinary action. The possibility of such a measure is provided for in clause 1.10 CAO NU.
Clause 3.2. sub d
Suspension as a disciplinary action has been provided for in the clauses 6.15 and 6.16 of the CAO NU. In this context, the suspension is often in the interest of the institute. No culpability needs to be involved. This action may precede the imposing of a disciplinary measure. Suspension as a disciplinary measure is a punitive measure that needs to be preceded by neglect of duty.
Clause 3.2. sub e
Pursuant to the provision laid down in clause 8.4., subclause 5a CAO NU, an employee can be dismissed by way of a disciplinary measure without a notice period being applicable and without the prohibitions of termination being applicable.
A conditional punishment comprises of two decision moments. The first decision concerns the imposing of the conditional measure. An employee may object against this, possibly to be followed by an appeal. If the employee again commits neglect of duty and/or does not comply with the demands set, the employer may decide to carry out the measure. An objection and an appeal can be made against this decision, as well. A condition set is to be clearly described and put down on paper. This condition will normally be in relation to the neglect of duty. The conditionality must also be limited in time. Precisely what is a reasonable period to be attached to the conditionality, can differ from case to case.
The Dutch text of this regulation is binding. In case of a difference of interpretation, this translation cannot be used for legal purposes.