DUE PROCESS AND GRIEVANCE MACHINERY

DUE PROCESS AND GRIEVANCE MACHINERY

(Lifted from Administrative Manual 2023 Edition)

In all administrative cases that may result in the imposition of disciplinary sanctions, about reprimand and warning. i.e. suspension as a penalty and termination, the faculty member or employee shall be informed in writing of the offense charged against him/her. The employee concerned shall be given at least three (3) days after receipt of notice to explain in writing why no disciplinary sanctions should be imposed upon him/her for the offense.

If the faculty member or employee denies having committed the offense, the employee shall be entitled to an administrative hearing before an ad hoc committee to be created by the President. At least one representative from among the personnel shall be a member of this committee. The President may also appoint the legal counsel of the university as chairman or member of the ad hoc committee.

At the administrative hearing, the respondent shall have the right to be assisted by a lawyer of his/her choice to confront and examine the witnesses against him/her, to remain silent without any unfavorable inference being drawn from the silence, to present evidence on his/her behalf, and to be informed of the findings, conclusions and recommendations of the ad hoc committee.

Based on the submitted report of the ad hoc committee, the President of the University shall decide on the administrative case and inform the respondent in writing of her decisions.

Procedural Steps

In all cases involving charges against an employee that may lead to the imposition of disciplinary sanction, the following steps shall be observed:

1. The employee shall be informed in writing of the charges against him/her and shall be required to answer in writing within seventy two (72) hours from receipt of the charges. For good cause shown, s/he may ask for an extension of the period to explain in writing.

2. If the employee denies the charges or states reasons justifying his/her action, s/he shall be entitled to a hearing conference with assistance by a counsel of his/her own choice (if employee so desires) and shall be given the chance to respond to the charges, present evidence or rebut evidences shown against him/her.

3. The hearing or conference shall be conducted by a Grievance and Complaints committee composed of one (1) legal counsel of the University or any lawyer of his office, (2) a faculty member or employee chosen by the employee charged, (3) faculty/employee chosen by the school.

4. The Grievance and Complaints committee shall submit its findings and recommendations to the President within twenty (20) days from termination of the hearings.

5. After studying the report of the Grievance and Complaints committee, the President shall decide the case within twenty (20) days from receipt of the report. She shall notify the employee in writing of her decision.

6. The decision of the President shall be without prejudice to the right of the employee to contest the validity or legality of his dismissal or of the disciplinary sanction imposed upon him, by asking for voluntary arbitration under the Labor Code, or when applicable, availing himself of the grievance machinery under the Labor Code, which ends in voluntary arbitration.