Section 10 DISCHARGE AND DISCIPLINE

1. The University shall not discharge non-probationary employees or take other disciplinary action without reasonable cause.

2. In imposing discipline on a current charge, the University will not take into account any prior infractions which occurred more than two (2) years previously, except for cases involving OSHA safety violations in which prior infractions that occurred up to three (3) years previously may be taken into account.

3. An employee suspended and ordered to leave his/her work for disciplinary reasons, before leaving the University's premises, shall have the right to consult his/her Steward at a place and a reasonable length of time provided by the University. Exception may be made to this provision, with immediate action taken by the University to remove an employee from the premises in cases involving possession or use of illegal drugs, drunkenness, violence, willful destruction of property, and other such serious violations.

4. The University shall give the employee, with copies to the Association President and Steward, written notice of any disciplinary action involving demotion, suspension, or discharge within two (2) working days (working days shall mean Monday through Friday excluding Holidays and not actual days worked) after such action.

5. Any complaint that the alleged breach of discipline was not, in fact, committed may be treated as a grievance if the complaint:
   1. Concerns disciplinary action involving demotion, suspension, and discharge;

   2. Is presented in writing within two (2) working days after receipt of the University's notification of the disciplinary action; and

   3. Is presented directly in the Third Step of the grievance procedure.

6. Failure to submit a written grievance by the employee within the two (2) working day period constitutes a waiver of all claims concerning such disciplinary demotion, suspension, or discharge.

7. An official personnel file for each employee is maintained by the University. An employee may inspect the contents of his/her personnel file, or any extension thereof, during the University's normal business hours by filing a written request to the Office of Human Resources. Requests shall be honored within two (2) working days. The employee may designate in writing that he/she desires a representative of the Association to examine documents from his/her file and the representative of the Association shall be permitted to do so. An employee may request a copy of documents in his/her personnel file for the current established fee. The employee has a right to submit a response to any document placed in his/her file. Such a response shall be attached to and filed with the document placed in his/her file. Each employee shall have the right to place in his/her personnel file materials which attest to his/her proficiency and experience.