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Code of Discipline

Date first issued: 01 April 2003

Version date: 01 April 2003

Policy Statements

  1. The purpose of this policy is preserve an atmosphere conducive to academic work and healthy professional relationships between employees (regular, part-time, and contractual) of the University, the students, parents, and clients.
  2. The Code of Discipline shall be applied and enforced impartially to UA&P employees regardless of rank and position.
  3. An employee who commits any of the following offenses within UA&P premises or outside thereof in the course of the discharge of his duties or in a manner that discredits the good name of UA&P and jeopardizes the University’s name shall be disciplined in accordance with these rules after due process.
  4. Ignorance of company policies, regulations and the code of discipline shall not excuse any employee from non-compliance. 

Definition of Terms

  • Employee Loafing - Unauthorized and prolonged absence from the workplace during scheduled work hours without valid reason.
  • Absence Without Official Leave (AWOL) - Unexcused absence/failure to report for work for any cause whatsoever without prior clearance or notification, whether oral or written.
  • Suspension - A management prerogative to send an employee on a forced leave for a specified period of time without any remuneration.  It normally runs for three to five days.  The duration will depend upon the gravity of the offense.
  • Dismissal- Termination of employment with justifiable cause.
  • Substantial Evidence - An evidence which is more than mere scintilla. It refers to such relevant evidence as a reasonable mind might accept as adequate to support a conclusion (The Philippine Labor Code).
  • Due Process of Law -  Giving notice and opportunity to be heard before judgment is rendered (The Philippine Labor Code). 

General Guidelines

  1. The Management Committee (MANCOM) shall be the custodian of the Code of Discipline.  It must ensure the proper interpretation and implementation of the Code. The Administrative Council will assist MANCOM in processing administrative cases and infractions covered in the Code. The Human Resources Management Office (HRM) will assist in carrying out administrative procedures required.
  2. The immediate superior shall have the sole responsibility to administer disciplinary actions to erring employees.  He shall accomplish a Disciplinary Action (DA) form which shall then be forwarded to HRM for documentation purposes.
  3. MANCOM shall exercise the prerogative to add, delete, or amend the stipulations in the Code of Discipline, as it may deem imperative.
  4. Policy violations not included in the Code of Discipline shall be presented to the Administrative Council for deliberation and recommendation to MANCOM.  Assistance from the legal counsel will be sought as needed.
  5. In case an employee commits two or more offenses simultaneously, the sanction that carries the heavier penalty shall be applied.
  6. The immediate superior of the employee may promptly act upon an offense that calls for a reprimand.
  7. The employee shall be given the opportunity to be heard for an offense that calls for his suspension or termination.
  8. Upon the establishment of an infraction, the employee concerned shall be notified of the disciplinary action by furnishing him with a copy of the DA form.
  9. All records of disciplinary actions shall be entered into the employee’s 201 file.
  10. Upon receipt of the DA form for an infraction that may justify the termination of an employee, the Administrative Council shall convene on an ad hoc basis, a Fact-Finding Committee to review the validity of the charge. Minor administrative infractions such as tardiness and the like shall be handled directly by HRM. Serious administrative infractions shall be referred by HRM to the Administrative Council for proper disposition.
  11. The Chairman and members of the Committee shall be  determined appropriately by the Administrative Council.
  12. UA&P is not barred from instituting the necessary civil or criminal case against an employee if circumstances warrant such move.

Investigation Procedure

  1. Upon receipt of a formal complaint against an employee for a charge leading to termination, the Administrative Council shall determine the truthfulness of the charge.
  2. Should the Administrative Council find sufficient and substantial basis for considering the charge, it shall convene a Fact-Finding Committee.
  3. The respondent employee has the right to be informed of the charge against him, including such evidence thereof.
  4. In the exercise of its investigatory powers, the Fact-Finding Committee is authorized to gather data or relevant information from the right parties and to examine pertinent records on the subject.
  5. A hearing shall be conducted where witnesses are called and evidence is presented in relation to the case.  The sides of both the complainant and the respondent are heard.
  6. After the hearing, the Committee shall render its report and recommendations to the Administrative Council.  The Administrative Council shall review the findings of the Committee and may proceed to further study the case, ask for more information, call further hearings. It shall thereafter submit its own findings and recommendations to MANCOM. Legal counsel advise and opinion will be sought in the entire process.

Timing of the Disciplinary Action

  1. Infraction must not be allowed to build up before disciplinary action is taken.
  2. Suspension dates shall be scheduled preferably immediately a day after a decision has been made. It shall not be implemented on a staggered basis and the employee concerned shall not be allowed to choose his suspension dates. No overtime work shall be allowed within 30 days after the suspension to make up for the lost hours brought about by the suspension.

Sanctions

After a process of inquiry according to law and UA&P issuances, and based on a finding of an infraction or violation, the following sanctions are imposed,  without prejudice to commutation of sanctions if warranted by mitigating circumstances or humanitarian considerations as may be found by the Administrative Council: 

 Category     Number of Offenses Sanction
 A FirstVerbal Warning 
 A SecondWritten Warning 
 A Third Suspension
 A Fourth Dismissal
 B First Written Warning
 B Second Suspension
 B Third Dismissal
 C First Suspension
 C Second Dismissal
 D First Dismissal

Cumulative Guidelines

  1. As a general rule, offences are cumulative through  the years, except absence (1.2) and tardiness (1.1) where the count resets to zero at the start of the school year.
  2. With the exception of the offence of Tardiness: 
    1. Accumulation of three verbal warnings for offenses shall warrant a written warning.
    2. Accumulation of three written warnings for offenses shall warrant a suspension without pay for at least three days.
    3. Accumulation of two suspensions for offenses shall warrant a dismissal. 

Offenses & Categories

Neglect of Duty

    1. Tardiness by a junior employee in reporting for work at least five regular working days within any 30-day period. Sanction:
      1. First offense -  Verbal warning
      2. Second offense - Written warning
      3. Third offense - Three-day suspension
      4. Fourth offense - Five-day suspension
      5. Fifth and subsequent offenses  - Ten-day suspension (each time)
    2. Unauthorized absence from workplace, including, loitering, loafing during official or overtime hours, under time work, exceeding prescribed time for break periods (Category A).
    3. Refusing to cooperate, without valid reason, with other employees in the performance of assigned functions (Category A).
    4. Willful disregard of standard operating procedures or work instructions or of reasonable orders or requirements of school administrators (Category A).
    5. Absence without Leave (AWOL) for three days within the month (Category B).
    6. Swiping in of ID card and then leaving the campus or workplace during office hours without prior authorization (Category B).
    7. Performing “outside work” or moonlighting during office hours without prior clearance from the Management Committee (Category B).
    8. Sleeping during work hours (Category B).
    9. Peddling during official hours (Category B).
    10. Non-performance of duty resulting in disruption of Unit operations, losses, or other prejudice to the University or its personnel or a co-employee (Category C).
    11. Other gross or habitual neglect of duty (Category D).

Fraud and Breach of Trust

    1. Unreasonable delay in the accounting or remittance  of funds collected or held in trust; withholding of funds held in trust (Category C*).
    2. Forgery, falsifying accountable documents or forms, other frauds and acts of dishonesty (Category D).
    3. Misappropriation/ misuse of company funds, or funds held in trust, (or funds or moneys of a coemployee) (Category D or C).
    4. Unauthorized use or appropriation, release, reproduction, whether for profit or not, of intellectual property of UA&P such as publications, papers, studies, or of similar materials owned by a third party with an agreement with UA&P (Category D).
    5. Negligence in the custody of confidential data of the University (Category D).

Other Acts of Dishonesty

    1. Dealing with third parties without authority from UA&P (Category C).
    2. Promoting personal gain or interest in conflict with the University interest, or other abuse of authority for personal gain (Category C).
    3. Unauthorized collection of fees, charges, gifts, favors, or commission or acceptance of the same from clients, suppliers or other persons or entities dealing with UA&P, whether solicited or not (Category C).
    4. Purchasing or ordering supplies or materials without following canvass or bidding procedures.
    5. Unauthorized possession of classified and confidential documents (Category C).
    6. Falsifying, tampering with documents, memoranda, reports, or internal communication (Category C).
    7. Obtaining University materials fraudulently; bringing out any University material without proper authorization (Category C).
    8. Unauthorized substitution of University materials, tools, or equipment with another (Category C).
    9. Employing misrepresentations, making false declarations, or giving false information:
      1. In getting a co-employee’s pay (Category C).
      2. In certifications of any kind or nature (Category C).
      3. In dealings with third parties on behalf of UA&P or any employee (Category C).
      4. In the application form or the resume (Category D).
    10. Entering into contracts or undertakings, without written authority, whether or not they give rise to obligations for UA&P (Category C).
    11. Using, without authority, the name of the University or of an officer or co-employee for personal gain (Category D).
    12. Theft of UA&P property, stealing money or valuables from another person or a co-employee (Category D).

Acts Against Order & Public Policy

    1. Bringing alcoholic beverages into University premises (Category B).
    2. Engaging in boisterous conversation, quarrels, screaming, or any other disorderly conduct within University premises (Category B).
    3. Rumor-mongering, causing undue embarrassment to the University or a co-employee (Category B).
    4. Drinking alcoholic beverages within University premises, or reporting for work under the influence of liquor (Category C).
    5. Gambling within University premises (Category D).
    6. Performing acts that may cause undue harm, panic, or alarm among employees, or tending to disturb the peace and order of the work or academic environment (Category D*).
    7. Committing physical assault against a co-employee,  or inflicting physical injuries on a coemployee (Category B).
    8. Threatening, intimidating, coercing, or harassing a co-employee (Category B).
    9. Making false, offensive, or malicious statements, uttering or writing lewd language against another employee (Category B).
    10. Possessing or promoting pornographic material or bringing them into University premises (Category C).
    11. Possession or use of prohibited drugs, drug dependence, promotion of their use or dependence thereof (Category D).
    12. Acts constituting sexual harassment; acts or conduct that interferes with or creates an offensive, hostile or intimidating work environment; other scandalous or immoral conduct (Category D*).
    13. Possession of deadly weapons, explosives, or lethal substances within University premises (Category D*).
    14. Conviction of any crime that carries a penalty of at least one-month imprisonment (Category D*).

Acts Against University Property

    1. Improper or unauthorized use of machinery, tools, or other office equipment (Category B).
    2. Damage to University property on purpose, or through recklessness or negligence (Category B).
    3. Willful or negligent acts resulting in damage to property whether or not owned by third persons within University premises and in liability for the school (Category B).
    4. Any form of sabotage of University property (Category C).
    5. Suppressing, corrupting, tampering with, or destroying University files or records (Category D).
    6. Failure to properly secure confidential documents, University funds, or property before leaving the workplace (Category D*).

Other Acts Violative of Corporate Code of Ethics, Principles and Other University Rules

    1. Failure to display University-issued IDs or similar passes within University premises (Category A).
    2. Failure to swipe in one’s ID card for at least three working days within a month (Category A).
    3. Sleeping within University premises after office hours without prior clearance from the Unit Head and the Management Committee (Category B).
    4. Lending money at exorbitant rates (Category B).
    5. Refusal to conform to the dress code (Category B).
    6. Allowing the use by a third person of another person’s ID or any identification material (Category C).
    7. Tampering with one’s time sheet entries (Category C).
    8. Swiping the ID card of another employee (Category C).
    9. Violation of rule on non-transferability of car passes or stickers (Category C).
    10. Other conduct unbecoming of the corporate name and corporate culture thereby compromising the University’s name and reputation (Category B).
    11. Other misconduct not specified herein, violative of the University Code of Discipline (Category B/C).

Acts Against Health and Safety Rules

    1. Obstructing the Security force or other University authorities from performing their duties or refusing to cooperate with them (Category A)
    2. Smoking in restricted areas (Category A)
    3. Throwing flammable materials or lighted cigarettes into garbage cans or flammable receptacles (Category A)
    4. Failure to comply with the University’s medical and health requirements (Category B)
    5. Refusing a University request to answer questions in connection with an authorized investigation, except when it may incriminate oneself, and/or falsifying any testimony during such inquiry (Category C)
    6. Using undue influence, intimidation, physical or psychological force to prevent an employee from testifying or assisting in any University inquiry or investigation (Category C)
    7. Loitering or unauthorized or unexplained presence in private or restricted areas (Category C)
    8. Concealing from University authorities one’s affliction of a contagious or dreadful disease, or serious mental disorder (Category D)

Violations of Rules on Electronic Network Usage

    1. Unauthorized use of the electronic network for personal business interest, as well as for purposes not in line with the aims of the University (e.g. hobbies, recreational reading or browsing, computer games other than those used for academic purposes) (Category B)
    2. Excessive use of network facilities to the point of hampering the computing activities of other user (Category B)
    3. Electronic transmission, distribution, and reproduction of obscene or seditious materials, as well as of any materials in violation of Philippine laws (Category C)
    4. Visits to Internet web sites, subscriptions to mailing lists, or participation in user forums or groups that are morally objectionable (Category C)
    5. Libel or slander of other parties or users (Category C)
    6. Unauthorized use of computer accounts, access codes, or network identification numbers belonging to other users (Category C)
    7. Unauthorized use of or access to network resources (Category C)
    8. Political lobbying (Category C)
    9. Sending of information or materials that form part  of a pyramid scheme or chain letter (Category C)
    10. Vandalism (i.e. willful and malicious destruction or infliction of damage on equipment, software, or data belonging to the University or other users), including the deliberate uploading or creation of computer virus (Category D)
    11. Plagiarism and other acts of academic dishonesty (Category D)
    12. Unauthorized reproduction of copyrighted materials (Category D)
    13. Violation of software license agreements (Category D)
    14. Other violations of rules on electronic network usage (Category C)
*Without prejudice to civil liability, including restitution of funds or the value of the property lost or involved, or of the value of liability incurred by  the university to third persons, and the institution of appropriate criminal action.