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or her incompetency or misconduct unless the employee is offered the right

to have CSEA representation, as defined in Section 33.2(a)(2) -

Representation - or private counsel provided at his or her own expense
present.

(2) Unless the employee declines such representation he or she will be
given a reasonable period of time to obtain such representation. If the

employee requests representation and CSEA or the employee fails to
provide such representation within a reasonable time, the employee may

be requested to sign such a statement. An arbitrator under this Article shall
have the power to find that a delay in providing such representation may

have been unreasonable. The statement shall be submitted to the employee
within a reasonable time after the interrogation. A copy of the statement

shall be supplied to the employee at the time the employee is requested to
sign the statement. Prior to signing the statement, the employee may make

such modifications or deletions in such statement that the employee deems
necessary. Any statements or admissions signed by him or her without

having been so supplied to him or her may not subsequently be used in any
disciplinary proceeding.

(e) Burden of Proof
In all disciplinary proceedings, the employee shall be presumed

innocent until proven guilty and the burden of proof on all matters shall
rest upon the employer. Such burden of proof, even in serious matters

which might constitute a crime, shall be preponderance of the evidence on
the record and shall in no case be proof beyond a reasonable doubt.

(f) Coercion/Intimidation

An employee shall not be coerced, intimidated or caused to suffer any
reprisals, either directly or indirectly, that may adversely affect his or her
hours, wages or working conditions as the result of the exercise of his or

her rights under this Article.

§33.3 Disciplinary Procedure
(a) Notice of Discipline
(1) Where the appointing authority or the appointing authority’s

designee seeks the imposition of a written reprimand, suspension without

pay, a fine not to exceed two weeks’ pay, loss of accrued leave credits,
reduction in grade, or dismissal from service, notice of such discipline shall

be made in writing and served upon the employee. Discipline shall be

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