Section 1. Except as provided in Article 17, Probationary Period, the University shall not discipline or dismiss any employee except for just cause. The University shall be the judge of the employee's capabilities and competency with respect to the discipline and dismissal.
Section 2. The University's discipline system shall involve an oral warning followed by a written warning before disciplinary action up to and including dismissal will be taken with the exception of serious offenses as reflected below. After 18 months from the date of the letter, unless the Employer has specifically indicated a different period of time in the warning notice which will not exceed thirty-six (36) months, warning notices shall be null and void and shall not serve as the basis for further disciplinary action. Serious offenses which may warrant immediate dismissal or other disciplinary action shall include but not be limited to the following: fraud, dishonesty, abuse of fellow employees, sexual harassment, causing physical, mental or emotional harm to another or damage to University property, gross insubordination, substance abuse, the possession, sale or use of controlled or dangerous drugs or narcotics, or reporting for duty under the influence of drugs or alcohol.
Section 3. When an employee covered by this Agreement attends a meeting which may lead to suspension, demotion or termination of the employee because of a particular incident, the employee shall be advised of the right to be accompanied by a representative. If the employee desires representation in said matter, he/she shall notify the University and shall be provided reasonable time to arrange for representation.
Section 4. Any employee who self-identifies a substance abuse, behavioral, or other problem which is affecting job performance or interfering with the ability to do the job, shall be encouraged to seek information, counseling, or assistance through private sources that she/he may be aware of or sources available through UW CareLink. Employees are encouraged to make use of such sources on a self-referral basis and supervisors will assist in maintaining confidentiality. No employee's job security will be placed in jeopardy as a result of seeking and following through with corrective treatment, counseling or advice providing that the employee's job performance meets supervisory expectation.
Section 5. The employees covered by this Agreement may examine their personnel files in the departmental Personnel office in the presence of the Personnel Officer or designee who may remove letters of reference which were retained through assurances of confidentiality to a third party. In matters of dispute regarding this section, no other personnel files will be recognized by the University or the Union except that supportive documents from other files may be used. Materials to be placed into an employee's personnel file relating to job performance or personal conduct or any other material that may have an adverse effect on the employee's employment shall be reasonable and accurate and brought to his or her attention with copies provided to the employee upon request. Employees who challenge material included in the personnel file have the right to note in the file that the employee disagrees.