Conduct and Disciplinary, Grievances and Appeals Action

AFU has a right to expect a certain standard of behavior from its staff members. Safety, productivity, and human relations are at stake. AFU work force deserves an impartial, fair, and firm method of handling disciplinary action for the protection of each person’s own rights and safety, as well as that of fellow staff members. This policy lists AFU guidelines for handling disciplinary problems and sets forth rules of conduct and action to be taken when violation of these rules occurs. AFU expects each staff member to act in a mature and responsible manner at all times. A non-exhaustive list of examples of inappropriate conduct, which may lead to discipline, up to and including termination of employment, is set forth below. The fact that a particular behavior is not included on the following list does not mean that it is acceptable or appropriate in the workplace, or that it will not result in disciplinary action, up to and including dismissal; That is, any breach of contractual obligations, the institution’s regulations, bosses ’instructions, or any failure to perform the job tasks assigned to it, exposes the perpetrator to disciplinary accountability.

AFU has the right to discipline or discharge staff members for other grounds not included in the following list:

• Professional Ethics and Cultural Norms

Staff members are required to seek and to state the truth as one sees it. To this end, the employee devotes time and energy to developing and improving competence in their work. The employee accepts, as well, the obligation to exercise critical self-discipline and judgement in performing his/her job. Employees are expected to interact in an atmosphere of mutual respect, with integrity, honesty, and regard for freedom. They should work with each other responsively in the day-to-day activities that further the mission of AFU. Staff members should be professional in their relationships with students, maintain respect for the students and should be appropriately available to students whenever they are in need to them.

• Unacceptable Conduct

• Falsification of the employment application or any other work, the unauthorized removal of information, or the release or disclosure of confidential information.
• The making or publishing of false, vicious, or malicious statements concerning the administration of AFU.
• Being other than drug-free or alcohol-free when reporting to work or while on the University premises, while conducting university business, or during working hours.
• Use, possession, manufacture, distribution, dispensation, transfer, receipt or sale of illegal drugs or drug paraphernalia, alcohol, or an unauthorized controlled substance while on the University campus, while conducting university business, during work hours, or while in vehicles supplied by the University.
• Tardiness or unauthorized absence.
• Unauthorized use of the University equipment.
• Damage, destruction, or defacement of the University property or the property of another associated with the University.
• Theft from the University, Faculty, Fellow staff, students
• Transportation of, possession of, or use of firearms, explosives, or other weapons while on the job or while on the University premises.
• Refusal to follow directions assigned by a unit head or insubordination.
• Acts of dishonesty.
• Swearing, use of abusive or profane language, or disrespectful conduct towards management, the administration or an administrator, other, Staff member, Faculty or students.
• Disregard for laws and/or safety rules.
• Unsatisfactory, careless, or poor work or failure to meet production or quality standards.
• Inability or unwillingness to work harmoniously with others
• Behavior; fighting, threatening, intimidating, coercing, harassing or engaging in any act of violence towards fellow Staff members, Faculty, unit heads, students, or others while working or while on the University premises.
• Violation of the University’s anti-discrimination, anti-harassment or any other rule or policy of the University.
• Excessive personal calls while on the job
• Stopping work before the time specified, leaving work before the end of a workday, taking unauthorized breaks, or not being ready to work at the start of the workday, without prior authorization from the unit head.
• Sleeping on the job, loitering or loafing during working hours and chronic wasting of time.
• Immoral conduct or indecency.
• Consumption of alcohol or illegal substance while on the job.
• Discriminatory behavior or prejudicial attitude.

Guidelines for Handling Disciplinary Problems

Each direct-line manager is responsible for ensuring that all staff members follow the established work rules. All staff members are obligated to follow the same set of rules. Where appropriate, a staff member will be given notice that a continuance of improper action can bring about further disciplinary action, up to and including discharge. A report (in writing) will be made of all oral warnings given and disciplinary measures taken. A written report of disciplinary action will become a part of the staff member’s record. A staff member who engages in unacceptable behavior may be disciplined up to and including termination of employment. Disciplinary action can take any one of the following forms:

If it becomes evident to the person in charge that there are reasons to believe that the behavior of an employee is unsatisfactory or unsatisfactory, a full investigation is carried out.

• Verbal Warning:

This verbal warning is not considered a disciplinary penalty, but rather is intended to warn the employee in carrying out his job duties in accordance with the contract and AFU regulations. Verbal warning is usually given for first time or minor concerns. A verbal warning is instructive and informs the staff member that additional occurrences will lead to further discipline, up to and including termination of employment. When a verbal warning is given, the supervisor will typically review the facts with the staff members and inform the staff member that further disciplinary action can occur, if another violation occurs. Written confirmation of the verbal warning is given to the staff member and placed in the staff member’s personnel file.

• Disciplinary penalties

  • Warning.
  • Fine.
  • Suspension with reduced pay for a period not exceeding ten days.
  • Deprivation from or deferment of periodic bonus in establishments containing a system for such bonuses.
  • Deprivation from promotion in establishments applying a system for such promotion.
  • Dismissal from work without prejudice to the end of service gratuity.
  • Dismissal from work and deprivation from the total end of service gratuity or a part thereof. Such penalty shall not he inflicted for reasons other than the ones mentioned exclusively in Article 120 of the Federal Labor Law.

Disciplinary authority:

The disciplinary committee of the faculties and staff whose members are appointed at the beginning of each academic year is prepared by a decision of the Council of Deans.

Investigation procedures and guarantees:

• It shall not be permissible to impose on the worker any of the sanctions set forth above unless after the notification thereof in writing with regards to charges made against him , after having heard the worker and the defense thereof investigated , and after having recorded the matter in a minutes deposited in his personal file . The sanction shall be noted at the end of such minutes. The worker shall be notified in writing of the sanctions imposed there upon, the type and amount thereof , the causes of imposition and the sanction to be imposed in case of recidivism

The worker may not be accused of a disciplinary offense after thirty days of the discovery thereof. Furthermore, no disciplinary sanction may be imposed after sixty days from the date of the end of the investigation in the offence of which the worker is found guilty.

Faculty and Professional Staff Appeals

• Complaints and Appeals Policy:

Complaints and appeals will be settled, in a fair, equitable and effective manner using the procedures listed below. AFU ensures that each complaint or appeal and its outcome is recorded in writing; each appeal is heard by an independent person or panel/committee; and each appellant has an opportunity to formally present his or her case; and is given a written statement of the appeal outcomes, including reasons for the decision. It acts upon the subject of any complaint found to be substantiated. It is the policy of AFU that receipt of complaints, whether received from within AFU or externally, will be handled promptly and effectively and the complainant will receive a response within a reasonable timeline.

Should a member wish to appeal against a disciplinary or grievance decision, or against dismissal (for example following disciplinary proceedings or redundancy of the post including ending of a fixed term contract), he/she must appeal in writing within fourteen days of the receipt of Notification of disciplinary action to HR, as appropriate. This notice of appeal should set out the grounds of the appeal and state whether the appeal is in respect of the whole or in respect of any specified part of any finding of fact, decision, or sentence.

Appeal Committee

Appeal committee of the faculties and staff whose members are appointed at the beginning of each academic year is prepared by a decision of the Council of Deans.

Rules of Procedure

• The rules of the procedure of the Appeal Committee will be as follows:
• The appeal will be determined following a hearing from the appellant and the responsible person. The appellant and the responsible person will be entitled to make a statement and to address the Appeal Committee.
• The Chairman may set time-limits for each stage of the proceedings, including the Hearing itself, to the intent that any appeal will be heard and determined as expeditiously as is reasonably practicable.
• Following the hearing of the appeal, the Appeal Committee will consider the facts of the case and may allow or dismiss an appeal, in whole or in part.
• The decision of the Appeal Committee will be notified to the appellant and recorded in a document signed by the Chairman, giving the reasons for this decision. A confirmatory letter will be sent to the appellant within seven days.
• A copy of the document and letter will be sent to the HR, and to the responsible person.
• The Appeal Committee may decide to vary the above procedure as it deems appropriate.

Faculty and Professional Staff Grievances

Al Falah University (AFU) establishes a grievance policy and associated procedures; these are available to all faculty and professional staff members. The formal procedures described in this Policy are intended to be used only when matters cannot be resolved informally.

DEFINITIONS

• Grievance: A written complaint filed by Faculty and Professional Staff against an administrator alleging a violation of University, college, department, or unit policy or established practice.
• Administrator: A person appointed as the head of an administrative unit, department chair, dean, or separately reporting director.
• Violation: A breach, misinterpretation, or misapplication of existing policy or established practice.
• Formal Complaint: A formal complaint is defined as the dissatisfaction that occurs when a staff member believes that any condition of his/her employment is unjust, inequitable, a hindrance to effective operation.

Scope of Complaints

According to this policy does not cover the complaint Suspensions, demotions, or discharge from employment shall be considered as formal complaints but shall be considered as basis for complaint. Salary increases, job classifications, and fringe benefits are matters determined during budget deliberations and are not considered items for formal complaint. The formal complaint procedure does not apply to action taken during the staff member’s probationary period or to action taken under the Reduction of Work Force Policy or the non-renewal of an individual’s appointment.

Determination

Meetings and investigations shall be conducted during the staff member’s regular working hours whenever possible. At any step or level of the review procedures, the Head of Human Resources Unit may elect to compromise a decision to resolve the situation or make a recommendation to the President. In addition, the Human Resources Unit shall serve in the capacity of an information gathering and advisory person. Each step or level should occur in a timely manner to be determined by the Head of Human Resources Unit. The Deans’ Council may choose to appoint a committee to make recommendations to the Deans’ Council regarding individual complaints.

Amicable settlement of complaints:

As a service to staff member, personnel are available to advise and assist the staff member who have a question, problem, or complaint about working conditions. Most concerns can be resolved by informal discussions between the parties involved. The Head of Human Resources Unit is available to counsel any staff members who have grievances. Fair and prompt consideration will be offered to any personal concern or dissatisfaction about employment. The Human Resources Unit should be contacted if a person feels there has been employment discrimination due to race, color, origin, religion, gender, or qualified disability. The following steps are suggested to resolve questions of employment dissatisfaction:

• Talk to your line manager first. To ensure that employment problems are resolved effectively, the staff member should discuss the area of concern with his or her immediate unit head. If necessary, continue up the ladder.
• If the question is not resolved at this level, the employee may request an appointment to discuss the problem with the appropriate person at each administrative level up to and including the President.
• A formal hearing may be requested. If a complaint is not resolved through informal procedures, then a written grievance may be filed to provide for hearings before a committee or for reviews at various management levels.

Formal procedures for formal consideration of the complaint:

• The staff member shall present the facts in writing to his/her supervisor, sending a copy to the Human Resources Unit. A formal complaint must be in writing and contain the following:
• A clear and detailed, signed statement of the complaint
• The specific remedial action or relief sought
• A summary outlining with whom the points of dissatisfaction were discussed and with what results
• The reason(s) why remedial action or relief is sought.

At any time, the staff member receives an unsatisfactory reply or fails to receive a reply, he/she has the right to submit the complaint to the next level from the previous supervisor. The supervisor at this level shall review all the facts of the case and the decision rendered by the previous supervisor, and then renders a decision in writing to the staff member. At each level, a copy of the reply to the complaint must be forwarded to the Human Resources Unit. This procedure shall be followed when applicable through the levels of progression. The decision of the Head of Human Resources Unit shall be final at this time unless, the Head of Human Resources Unit opts at his/her discretion to make a recommendation to the President/delegate (Vice President) for decision, in which case. An appeal’s provision must be made beyond the Human Resource Head’s Decision and prior to the President/delegate (Vice President)’s final decision. Staff members may contact the Human Resources Unit for additional information regarding grievance procedures.