The majority of faculty go through their careers without encountering disciplinary procedures. Should members find themselves in a situation where discipline may be warranted, disciplinary principles are laid out in the Collective Agreement, Section 16. According to the Collective Agreement, the definition of “discipline” or “disciplinary action” includes written reprimand(s), suspension(s), and dismissal. These penalties are imposed in response to faculty misconduct. Faculty may be disciplined, for example, for harassing a colleague or student, misuse of institutional equipment, or for vandalizing institutional property.
Who Imposes Discipline?
Discipline related to SAFA members can only be imposed by the Employer. Typically, at SAIT the Dean is the agent of the Employer and decides, after reviewing the investigation results and in consultation with Employee Services, if discipline is warranted and what level of discipline is appropriate.
Disciplinary Process
When disciplinary action is taken against an academic staff member, that member shall be informed in writing as to the reason(s) for such action.
An academic staff member who is to be interviewed on any disciplinary action is entitled to have an Association Representative present at the interview. The Employer shall notify the staff member, in writing, of that right in advance of the meeting and copy the Association.
In some cases, the disciplinary matter can be resolved informally. If the matter is not resolved in this way, the Dean may decide that the allegations warrant a formal investigation. Investigatory procedures are discussed in the Collective Agreement, Section 16.
Can I Grieve a Disciplinary Sanction?
The Association will discuss the specifics of a situation with the academic staff member to determine the next steps. However, it is the Association’s decision whether or not to launch a grievance. It is important to recognize that the Association does not have a role in determining whether discipline was merited in the first place. If, for example, an investigation concludes that a member misused institutional resources, it would be unlikely for the Faculty Association to argue that the member was innocent. The Association might, however, grieve on a procedural issue or regarding the level of discipline imposed.
Some might find the idea of the Association representing members accused of bad behaviour distasteful. However, the Association has a duty to represent all its members (duty of fair representation). The Association does not condone inappropriate behaviour, but it has a duty to support all members through the disciplinary process to ensure fair treatment.