Section 1. General
No employee shall be disciplined or discharged for matters arising out of their employment with MIT except for just cause.
Discipline may include written warnings, unpaid suspensions or discharge from employment. “Discharge,” for the purposes of this Article, shall mean the termination of an employee’s appointment for reasons relating to performance or misconduct. Cancellation of an appointment or termination for other operational reasons is provided for in Article 16, Appointment Security.
It is recognized that appointments cease at the end of a designated period. MIT’s decision not to offer another appointment or reappointment to an employee is not subject to the just cause standard. Non-reappointment or the decision not to offer an appointment shall not be considered the same as discharge and may not be grieved. As a limited exception to this paragraph, a decision to not reappoint an employee because of the employee’s job-related misconduct or job-related poor performance may be subject to the just cause provision of this Article.
The principle of progressive discipline shall be considered in all disciplinary cases. However, MIT may implement discipline or discharge consistent with the nature, seriousness, and frequency of the employee’s actions and all surrounding circumstances.
Section 2. Scope
Discipline as used in this Article refers to employment actions taken involving job-related misconduct or job-related poor performance. This Article does not include academic actions based on academic performance or conduct, including but not limited to such matters as failure to make adequate academic progress, subpar performance in examinations and academic milestones, quality of academic research or teaching, or academic dishonesty, even if such academic actions impact an employee’s appointment. Discipline as used in this Article also excludes any actions taken as a result of violations of student conduct policies, including but not limited to those set out in the Mind and Hand Book, that arise outside the context of an employee’s employment with MIT. Such matters involving violations of academic misconduct, research misconduct, or student conduct policies will be dealt with through relevant MIT policies and procedures.
Any incidents that could affect both student status and employment shall be handled separately where feasible. No decisions made by MIT concerning discipline or dismissal of a student due to violations of academic misconduct, research misconduct, or student conduct policies are subject to this Article. The Union acknowledges that it has no right to interfere with or grieve decisions regarding academic performance, academic discipline, or student conduct policy violations, including such decisions that may impact a student’s employment.
Section 3. Paid Administrative Leave
MIT may place an employee on paid administrative leave without prior notice in order to investigate allegations of misconduct or dereliction of duty that, in the judgment of MIT, warrant immediately relieving the employee from all work duties and/or require removing the employee from the premises. Being placed on administrative leave is not itself a disciplinary action.
Section 4. Remedial Measures
It is understood that MIT, in addition to issuing disciplinary action, may also include with such discipline reasonable remedial measures, when appropriate, with which the employee must comply, provided the remedial measures are rehabilitative rather than punitive.
Section 5. Representation and Notification
An employee shall have the right to have a Union steward or representative present whenever the employee is to be interviewed regarding events or behavior that may lead to possible future discipline, and MIT shall notify the employee of that right prior to the interview. In the event the Union steward is not immediately available, MIT shall wait a reasonable period of time given the circumstances, but in no event longer than two (2) business days, until the steward is available before proceeding with any interview. In an emergency situation, MIT may take immediate action pending further investigation. MIT shall notify the Union within twenty-four (24) hours after it notifies the employee that they will be suspended or discharged, provided the employee has signed a FERPA Release Form to release such information, following Article 4, Section 3.
Employees may also request to have a Union representative present when the Institute is meeting with the employee to issue discipline. The parties recognize that such meetings are not the correct venue to dispute discipline.
In the event it is determined that an employee has been disciplined or discharged improperly or without just cause, such employee shall be made whole for any loss of pay and benefits resulting therefrom.