SECTION 1. Just Cause. Management may take disciplinary action against a member of the College Bargaining Unit for just cause as provided by the Labor Code, Code of Ethics of Ateneo Educators, or any violation of University policies issued by the University President. An investigation must be conducted following the requirements of substantive and procedural due process, and prior notice shall be given to the Union member concerned with a copy for the Union.

SECTION 2. Preliminary Assessment. The Management through the HRMDO shall conduct preliminary assessment and/or dialogue with parties concerned to determine the probable cause of the complaint or allegation against the respondent, and facilitate early resolution of the matter. The Union shall be notified of the preliminary assessment and/or dialogue. Should there be a probable cause of the matter, the Management through the HRMDO may begin an investigation unless the respondent during the dialogue admits the allegation and resolution is obtained.

a. In case of a disciplinary investigation, the respondent shall be given a copy of the complaint and shall be given ten (10) days from receipt of complaint to reply in writing to present his/her side. The respondent concerned may be represented by two (2) Union representatives and/or counsel in any investigatory meeting or hearing. The Management shall provide the respondent written notice with a copy for the Union at least three (3) days prior to any meeting or hearing.

b. The respondent shall have the right to challenge the disciplinary action or the procedure of the investigation. Disciplinary action of termination shall take effect only thirty (30) days after notice to the respondent and the Union unless the case requires immediate termination.

c. If there is probable cause that the decision lacks due process or the disciplinary action is not legally appropriate, the respondent may file an appeal with the University President. In such a case, the implementation of the disciplinary action shall be suspended until the appeal to the University President shall arrive at a final resolution.

d. Any complaint may be filed within thirty (30) calendar days after the cause arises. Failure to take action within the prescribed period would mean forfeiture of the complainant’s right to file the same complaint in the future.

SECTION 3. Representation. No Union member shall be included as part of any investigation committee or disciplinary committee involving Union members.

SECTION 4. Psychosocial Intervention. The Management may provide counseling or therapy support in Ateneo de Davao University to the faculty members with disciplinary cases other than termination when it is deemed necessary and welcomed by the faculty member concerned.