Page 91 - 2016-2021-ASU
P. 91
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
imposed only for incompetency or misconduct. The specific acts for which
discipline is being imposed and the penalty proposed shall be specified in
the notice. The notice of discipline shall contain a detailed description of
the alleged acts and conduct including reference to dates, times and places.
(2) If the arbitrator appointed pursuant to this Article finds, upon motion
before the commencement of the arbitration, that the notice does not
sufficiently apprise the employee of the acts or conduct for which
discipline is being imposed, he or she may require that, where the employer
has either refused to provide such specificity where the information sought
was available or the charges are so vague and indefinite that the employee
cannot reasonably respond, the State provide more specificity within thirty
90