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CODE OF DISCIPLINE
TABLE OF CONTENTS
Policy Statement 3
Aim of Corrective Discipline 3
Accountability 3
Uniformity of Implementation 3
Scope 5
Definition of Terms 5
Penalties 6
When First Offenses Merit Coaching 6
Two Offenses in One Incident 6
Treatment of a Series of Non-Conformances 6
Financial Restitution & Corrective Action 6
Immediacy 6
Timeframe for the Correcting Process 7
Disciplinary Procedure 7
Dismissal from Employment 10
The Committee on Decorum and Discipline 10
Preventive Suspension 11
Reporting and Investigating an Incident or a Violation 11
Type of Offenses According to Gravity &
Corresponding Corrective Actions 12
Table of Offenses and Corresponding Sanction 13
Table of Offenses
Offense Against Productivity 13
Offense Against Integrity 14
Offense Against Property 16
Offense Against Conduct and Decorum 16
Offense Against Information Security 17
Offense Against Physical Security 18
Offense Against Sanitation & Safety and Health 19
Guidelines Against Violence of Abuse of Children 19
Institution Policy on Drug Free Workplace 22
Institution Policy on Sexual Harassment 26
This literature of procedures and guidelines known as the Code of Discipline (COD) is a fundamental
reference manuscript for employees with regard to understanding and exhibiting acceptable behavior
while performing their official functions.
Accountability
At the University of Nueva Caceres, we rest the responsibility of disciplining on our supervisors and line
leaders.
• Human Resources may be consulted with regard to policy interpretation, the disciplinary
process, the appropriateness of penalty, and correctness of the offense cited.
• Any incident or infraction that any employee comes to know shall be reported to his immediate
superior.
• Any incident of discrimination and sexual harassment must be reported directly to the HR
Director or designate.
Uniformity of Implementation
The rules of discipline shall be enforced with uniformity in the name of fairness and consistency. As
such, the steps in processing corrective action, as set in this code, shall be observed.
• Management shall, however, not be hindered from deviating from the prescribed table of
sanctions if the impact or extent of the offense merits such. In every case, investigation and
decision shall be dictated by logic and common sense.
• Any recommended sanction that is lighter or heavier than what is prescribed in this Code of
Discipline must have the approval of Human Resources.
• Any corrective action, be it a warning or a suspension, shall be recorded in writing and shall
become part of the employee’s 201 file.
• Any corrective action imposed, be it light or heavy, shall prescribe upon the lapse of a finite
retention or prescriptive period. However, documents of corrective action shall be retained in
the employee’s 201 file for purposes of reference.
Definition of Terms
University property The University of Nueva Caceres’ leased and owned equipment,
furniture, supplies, documents, intellectual properties, gadgets and
money.
Notice to Explain A written statement informing the offender of the charge leveled
against him.
Motion for Reconsideration An appeal filed by the erring employee within three (3) days from the
receipt of the CARE Form and/or Resolution.
Due Process The right of an employee to be notified of the charges lodged against
him which may result in disciplinary or corrective action, and to be
Substantial Evidence Proof or facts sufficient to create a reasonable belief that the person
charged with the offense is guilty of the same.
Penalties
1. Written warning/Warning
A notice in writing to an employee that a violation of the Code of Discipline has been
established, with the admonition that a repetition of the same offense within the prescriptive
period will lead to a higher penalty.
2. Final Warning
A final notice in writing to an employee that a violation of the Code of Discipline has been
established, with the admonition that a repetition of the same offense within the prescriptive
period will lead to a higher penalty or dismissal.
3. Suspension
Temporary cessation of the employment relation and the enjoyment by the employee of the
benefits and salaries due an employee. As a general rule, suspension will not be imposed as a
penalty, unless in the judgment of the disciplining officer, such penalty serves a better purpose
than just a final warning or immediate dismissal of the employee. Suspension may last for a
period of 3 days but not more than 30 days
4. Dismissal
A dishonorable separation from work.
5. Prescriptive Period
The period in which a corrective action is carried out or is retained in the employee’s personal
file. Reckoning date for the prescriptive period begins on the date the penalty is served. Should
a repetition of the infraction occur before the end of the prescriptive period and the employee
is meted out a corrective action, the reckoning date shall then begin on the date of imposing of
the penalty for the last offense.
6. Preventive Suspension
A temporary detachment of an employee from work on a without pay status during the
investigation period for an infraction of the Code of Discipline or the Labor Code of the
Philippines. The employer may place the worker concerned under preventive suspension if
his/her continued employment poses a serious and imminent threat to the life or property of
the employer or of his co-workers or under such conditions as defined in this COD. (Rules
Implementing the Labor Code, Rule XIV Section 3; see also separate section of this COD on
Preventive Suspension )
A commission of several minor offenses indicates habitualness of the offender, his disregard of
University rules, and disrespect for the employer. As such, a commission of a series of light related or
unrelated offenses within a period of three (3) months may earn for the employee a heavier sanction at
the discretion of the disciplining officer. If one is given a heavier sanction for habitual offenses, the
prescriptive period on the heavier corrective action will apply.
Immediacy
Corrective action should happen immediately after the infraction is observed and/or reported to the
First Line Supervisor. In no case shall the processing of the discipline be delayed. The First Line
Supervisor is expected to serve a Notice to Explain to the concerned employee within one (1) week from
discovery of the alleged infraction.
The supervisor will be held liable for his inaction. The delay in the action by the supervisor however shall
not absolve the employee of the offense he has committed.
Superiors shall be guided by these two conditions in treating a second or third violation as either a first
or second offense:
1. Should any superior not immediately act upon a non-conformance within one (1) week from the
date of discovery by him or after being reported to him, he may not penalize the employee for such
non-conformance, should another non-conformance of the same nature be committed by the same
employee. This means that the second infraction, because no action was undertaken on the first,
will be treated as a first offense.
2. Should, on the other hand, an infraction be discovered and/or reported after a second offense of
similar nature was committed by the same employee, such commission will be considered a second
offense and given the corresponding corrective action.
Non-observance of the time frame will not absolve the employee of the offense he has committed.
DISCIPLINARY PROCEDURE
Administrative Action
Step 1: Notification
1. Every employee who has allegedly committed an infraction, regardless of the gravity, has the
right to be informed of the offense he has committed before the superior recommends or
serves him a disciplinary action.
2. Upon knowledge of an offense or an incident, the employee’s first line supervisor or manager
shall conduct initial investigation of the reported incident to determine if there was indeed a
non-conformance.
3. He shall then call the employee involved to immediate coaching and issue him the Notice to
Explain, which specifies the facts of the incident, the circumstances, the date and time it
happened and the type of violation committed, per the COD, and giving the employee the
opportunity to submit his explanation within a certain period.
The Notice to Explain is not yet a corrective action; rather it is a form of notification and is part
of the formal investigation process that allows the employee the chance to explain his action.
Should an employee refuse to acknowledge the Notice to Explain, the FLS will note on the
Notice to Explain “REFUSED TO SIGN” and then a witness will be called in to sign, after a copy of
the Notice to Explain is left with the employee.
4. If the infraction poses a serious and imminent threat to life or physical well-being, or the
property, interests or services of the institution or its employees, or if the presence of the
erring employee will likely cause undue disruption of the investigation process, the employee
concerned may be placed under preventive suspension upon approval of Human Resources.
The following factors, among others, shall be considered in determining whether to place an
employee on preventive suspension:
4.1. The number of suspected employees involved or;
4.2. Amount involved or;
4.3. Frequency of the act committed;
4.4. Where the employee’s presence may adversely affect the conduct of the investigation
4.5. The highly sensitive nature of the employee’s functions and responsibilities
When the preventive suspension is lifted, HR shall issue a memo to the employee to inform
him/her that the preventive suspension is lifted; likewise, the same should be forwarded to
Payroll to reinstate the employee in the University’s payroll.
5. The involved employee must respond to the Notice to Explain by giving his written explanation
on the charge/s leveled against him. The employee must submit said response to his FLS within
forty- eight (48) hours for Level 1 and 2 Offenses; and five (5) calendar days from the receipt of
the Notice to Explain for Level 3 Offenses unless a longer period is given to the employee.
6. The employee’s refusal or failure to give his written explanation within the time provided shall
be construed as a waiver of his right to be heard and to disprove the charge/s against him.
2. Whenever possible and in the interest of fairness, the investigation shall proceed as follows:
2.1. interview of the employee;
2.2. interview/ask anyone involved or who may have knowledge of anything related to the
case;
2.3. allow the employee to bring forth additional evidences and his witnesses, if he so
desires.
3. In Level 3 offenses or in cases of sexual harassment, the case may be submitted to a Committee
on Decorum and Discipline, to be convened by the Human Resources Director to conduct the
investigation and recommend corrective actions. (See portion on Committee on Decorum and
Discipline).
4. All investigations shall be put in writing and will be part of the case record.
2. In investigating and deciding on a case, the following factors should serve as guide to the FLS in
determining if he should impose a penalty that is higher or lower than that provided in this
Code:
2.1. Gravity or impact of the offense on the organization,
2.2. Impact on parents and students,
2.3. Extent of the damage or injury caused by the employee’s action,
2.4. Employee’s past disciplinary record (if any),
2.5. Performance record,
2.6. Other circumstances that may mitigate or aggravate the offense.
4. Prior to serving the CARE Form, this shall be routed to the following:
Cleared/Dismissal - Immediate Superior/Manager
Human Resources
Vice-President
Warning/Suspension - Immediate Superior/Manager
Human Resources
For coaching done for an infraction, copy of the coaching log must be given to Human
Resources.
2. Notices on enforced corrective actions involving suspensions and dismissals shall also be
submitted to Payroll Section, in addition to HR and the 201 file custodian, for proper recording,
for accounting of financial obligations, and for “hold or adjust payroll” purposes.
The University of Nueva Caceres may also terminate the services of an employee who has been found to
be suffering from a disease or sickness and whose continued employment is prohibited by law or is
prejudicial to his health as well to the health of his co-employees or, if applicable, to the students. Such
cases warrant the presentation of medical documents from a Public Health Officer.
The Committee will be convened on “as needed” basis. Should there be preponderance of evidence and
these do not sufficiently establish either an employee’s guilt or innocence, the Director of Human
Resources or designate may call for the formation of the Committee to conduct a thorough inquiry. The
committee shall consist of the following:
• Department Manager
• Department Head
• HR Representative
However, for sexual harassment cases, in compliance with RA 7877 or the Anti- Sexual Harassment Act,
the University shall create a Committee on Decorum and Discipline to handle the investigation of cases
on sexual harassment (Please refer to UNC’s Rules and Regulations Implementing the Anti-Sexual
Harassment Act of 1995).
Preventive Suspension
The University may place the employee under investigation on preventive suspension if his continued
employment poses a serious and imminent threat to the life or property of the employer or of his co-
workers or under those circumstances mentioned in this COD.
The Notice of Preventive Suspension may only be served after a Notice to Explain has been issued to the
employee. The period of preventive suspension shall not exceed thirty (30) days. The University
however may extend the period of suspension provided that during the period of extension, he pays the
wages and other benefits due to the employee. In such case, the employee shall not be bound to
reimburse the amount paid to him during the extension if the University decides, after completion of
the hearing, to dismiss the employee.
Preventive suspension is not a penalty and is not a pronouncement of the employee’s guilt. Neither
shall it replace the twin notice requirements for dismissal of an erring employee.
If the guilt of an employee on preventive suspension is established and the penalty in order is a
suspension, said suspension days shall be deducted from the days that the employee served as
preventive suspension.
Note that the University is not limited to file a criminal or civil case in the proper courts against
employees who have committed a Level 3 offense that constitutes fraud or any act that violates the laws
of the Republic of the Philippines. The HR Department is responsible for ensuring that all pertinent
documents necessary for the University’s accredited law firm to pursue the appropriate criminal or civil
case be endorsed to the aforementioned for appropriate action.
Safety & Does not hurt any person Pose a real safety hazard A breach or violation
Orderliness physically but contributes and creates a possible that results in physical
to disorderliness in the occasion for injury. harm.
workplace
OFFENSE OFFENSE
LEVEL COUNT CORRECTIVE ACTION PRESCRIPTIVE PERIOD
LEVEL 1 1st First Written Warning 6 months
2nd Final Written Warning 6 months
3rd 3-10 day Suspension 1 Year
4th Dismissal Not applicable
LEVEL 2 1st Written Warning 6 months
2nd 3-10 day Suspension 1 Year
3rd Dismissal Not applicable
LEVEL 3 1st Dismissal Not applicable
TABLE OF OFFENSES
Level
OFFENSE AGAINST PRODUCTIVITY
Simple negligence or light omissions of tasks or duty. 1
Tardiness: More than three (3) tardiness in a pay period. 1
Failure to submit on time necessary documents and update information pertaining to 1
employment or student requirements (grades, etc)
Excessive Absences: More than one (1) unscheduled absence in a month 2
Absence without Leave (AWOL): Failure to notify superior of absence 2
Neglect of duty (lapses in the practice of diligence in the performance of duties & 2
responsibilities; may lead to a grave offense if gross and done habitually)
Abandonment of post: Leaving work without obtaining permission for any reason
during normal duty hours. 2
Failure of a Leader to address critical performance, quality compliance and metric- 2
related behavioral issues of direct reports.
Failure of a Leader to comply with performance discussions and documentation 2
commitments.
Rationale
The UNIVERSITY OF NUEVA CACERES supports and adopts the zero tolerance policy of the Department
of Education against any act of child abuse, exploitation, violence, discrimination, bullying, and other
forms of abuse.
Principles
The University aims to inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country, teach the
rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and
personal discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency. To this end, it shall:
1. Ensure that the University remains an environment conducive to learning wherein children shall
have the right to education free from fear.
2. Ensure that all children shall be protected from all forms of abuse and bullying to develop self-
esteem and self-confidence.
3. Advocate a positive and non-violent mode of disciplining children to foster self-discipline and to
improve self-esteem.
4. Take steps to prevent bullying and ensure that the appropriate interventions, counseling, and
other services are provided for the victims of abuse, violence, exploitation, discrimination, and
bullying.
5. Inculcate unto all students respect to the rights of others and refrain from committing acts of
bullying and peer violence.
6. Encourage involvement of parents in all school activities or events that raise awareness on
children’s rights, positive discipline, and the prevention of bullying; and
7. Orient visitors and guests on the child protection policy.
Definitions
"Violence against children committed in schools" refers to a single act or a series of acts committed by
school administrators and/or personnel against a child, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or other abuses including threats of such acts, battery, assault,
coercion, harassment, or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:
1. Physical violence refers to acts that inflict bodily or physical harm. It includes assigning children to
perform tasks which are hazardous to their physical well-being.
2. Sexual violence refers to acts that are sexual in nature. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, making demeaning and sexually suggestive
remarks, and physically attacking the sexual parts of the victim's body;
b) forcing the child to watch obscene publications and indecent shows or forcing the child to do
indecent sexual acts and/or to engage or be involved in, the creation or distribution of such
films, indecent publication or material; and
c) acts causing or attempting to cause the child to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion, or through
inducements, gifts, or favors.
Preventive Suspension
Any member of the educational community may be placed immediately under preventive suspension
during the pendency of the hearing of the charges of grave violence or abuse if the evidence of his/her
guilt is strong and the School Head is morally convinced that the continued stay of the accused during
the period of investigation constitutes a distraction to the normal operations of the University or poses a
risk or danger to the life of the accused himself/herself or the life and property of the other members of
the educational community.
The term “pose a danger to life and property” means that the employee need not literally pose a danger
to life or property, it is enough that his/her continued presence will cause a meaningful or real
disruption in the operation of the University.
It shall not be necessary for the University to first comply with the basics of due process for it to impose
preventive suspension.
In violence or abuse cases, the alleged harasser must likewise be afforded as much confidentiality during
the process.
The University of Nueva Caceres is committed to providing its employees and students with a safe
working environment. Further, the Institution shall promote the wellbeing and health of its employees.
The Institution prohibits the use of illegal drugs.
Drug use and abuse represents a threat to the wellbeing of every employee and could cause damage to
the institution’s image and exposes it to risks and liability.
Every employee is expected to come to work free from the influence of drugs. (NAME OF INSTITUTION)
will not tolerate any involvement with drugs which adversely affect the workplace and the work
environment or put at risk the safety of employees, the students, or the institution’s good standing in
the community
Under the guidelines of Department of Labor and Employment Order no. 53-03, in support of Republic
Act No. 9165 (Dangerous Drugs Act of 2002), the University of Nueva Caceres is instituting this Drug
Free Workplace Policy.
Policy
The University of Nueva Caceres prohibits any employee from using, possessing, distributing,
purchasing or selling of illegal drugs or narcotics, inhalants, or any unlawful substances within or outside
the institution premises, whether or not they are on duty.
On top of corrective action, the institution shall turn over all materials including drug substances,
paraphernalia and records to proper government agencies for filing of appropriate charges pursuant to
R.A. 9165.
Anyone caught possessing or using illegal drugs or substances in institution premises shall be
terminated. Any employee found under the influence of drugs for the first time, per confirmatory test
result, shall not be permitted to work until such time that he submits himself to treatment, counseling
or rehabilitation and certified to have recovered from the ill-effect of drugs. Second time offenders shall
be dismissed.
Any employee showing just cause for suspicion to be under the influence of drugs shall be immediately
made to undergo drug screening/testing.
Pertinent corrective actions are outlined under the guidelines of this policy.
This policy applies to all employees of the University of Nueva Caceres, regardless of rank or status.
Definitions
Illegal drugs Drugs that are classified as illegal under Philippine Laws, specifically R.A. 9165,
examples of which are listed, but not limited to, below:
1. marijuana
2. shabu or metamphetamine hydrochloride
3. ecstacy pills
Prescribed Drugs Drugs that are prescribed or administered by licensed physicians to patients
Random Drug Test Refers to an unannounced schedule of drug testing with each employee having
an equal chance of being selected for testing.
Screening Test A rapid test performed by a Drug Testing Center for purposes of establishing
potential or presumptive positive result and the type of drug used.
Confirmatory test An analytical test to validate and confirm the potential or presumptive positive
result of the Screening Test using a Gas Chromotography Mass
Spectrometry(GCMS) machine.
Assessment Team The safety team who shall assess and coordinate with the proper government
agency for needed actions on any person under the influence of drugs.
Guidelines
Orientation
The University of Nueva Caceres shall conduct an orientation on the Drug Free Workplace Policy,
explaining its salient features, the legislative background, procedure and compliance requirements.
Drug Screening
1. Random Drug Test
a. An unannounced drug screen shall be conducted at schedules to be determined by
management.
b. The tests shall be conducted by a Department of Health accredited Class A drug screening center
or laboratory, which shall also take charge of gathering specimen from the employees.
c. The collection of samples shall be done within institution premises to ensure that employees are
not exposed to hazards or any inconvenience beyond what is reasonably needed to complete
the process.
d. Drug testing includes Screening and Confirmatory test. Confirmatory test is only applied when
an employee turns positive in the Screening.
e. Selection of employee for the Screening shall be done randomly. All employees, including
officers and managers, selected to undergo drug screening must submit themselves to such test.
f. Failure or refusal to do so shall be construed as willful disobedience and shall be just cause for
dismissal, as provided for in Art. 282 of the Labor Code.
g. The expenses for the drug screening and confirmatory tests shall be borne by the institution.
h. Subsequent expenses incurred by any employee, who turns out positive for drugs as ascertained
by a confirmatory test, shall be borne by the employee.
i. Outsourced employees/contractuals may be required to present results of their drug screenings,
but such shall be at the cost of their employers.
Should any employee display probable cause, he may be included among those who shall undergo
random drug screening. His inclusion, however, shall no longer be considered random.
In case of suspicion drug test not coinciding with the periodic random drug screening, the employee
shall be accompanied to a DOH accredited Class A drug screening clinic by his immediate superior and a
representative of HR.