H9 – Criminal Charges and Self-Reporting
Originator: Vice President Human Resource Services and Sustainability
Approver: President’s Council
Effective: June 14, 2016
It is important for Red River College to be informed when an employee has been charged, or is under investigation, pursuant to any legislation or regulation. Such information allows the College to assess whether there is a risk to its students, staff or members of the College community; whether there is a need to safeguard College funds, property and assets; and whether there is a need to take action to maintain public confidence and trust. This policy stipulates when employees are obligated to disclose a legal charge or investigation.
All Red River College employees are expected to exhibit honesty, integrity and high standards of personal conduct. The College will not tolerate on or off-duty employee conduct which negatively impacts the College’s interests, property, security, reputation, employee safety or the confidence of the public.
Employees must notify Human Resource Services when they are under investigation by a professional regulatory body, law enforcement agency, or if charged with a criminal offence for On or Off-duty conduct.
An employee who fails to disclose information, in violation of this policy, is subject to disciplinary action.
“Manager” refers to the individual responsible for managing employees within a particular department or academic program at the College. A Manager may include: a Chair, a Dean or Director, Supervisor, or Manager.
“Off-Duty Conduct” refers to any behaviour which occurs when an individual is not engaged in College business.
“On-Duty Conduct” refers to any behaviour which occurs while engage in College business.
An employee who is being investigated or charged, for On or Off-Duty Conduct, by a professional regulatory body or law enforcement agency must inform Human Resource Services immediately in order to assess the potential impact to the workplace and/or College. Employees may also share the information with their Manager. Should the Manager find out of an investigation or charge involving their employee, the Manager shall confirm with HR that they know of the investigation or charges.
Offences under the Highway Traffic Act do not have to be reported unless the consequences of the offence impairs the employee’s ability to fulfill a requirement of his/her employment.
All illegal On-duty conduct will be reported to the appropriate authorities. The employee’s Manager will not wait for charges be laid, or for a court disposition, before applying corrective discipline for On-Duty Conduct. The decision to discipline or dismiss an employee is separate from and made independently of formal legal processes.
If an employee is in-scope, union representation will be offered at the time the investigation or charge is reported.
In collaboration with the employee’s Manager, and Corporate Counsel if required, Human Resource Services will assess the risks to the workplace and recommend immediate action for interim implementation.
The employee may be temporarily re-assigned, or placed on leave with pay, pending the final outcome of the assessment. Such a leave is considered “non- disciplinary”.
- If reassigned to another position, the position must be at an equal or lower classification level for the duration of the assignment.
Where an assessment has concluded that there is no impact to the workplace, the employee may return from leave or reassignment to regular duties as soon as possible.
Where an assessment has concluded that there is an impact to the workplace, the employee will remain on leave with pay pending the results of the investigation and/or criminal charges.
If the investigation or charges is a prolonged process, Human Resource Services will consult with the employee on a regular basis concerning the status of the investigation and/or charges.
If the investigation or charges results in a conviction, Human Resource Services will determine the impact on the employment relationship.
Expedience and confidentiality will be respected throughout all aspects of the procedures to handle both alleged illegal On and Off-Duty Conduct.
P1 – Principles of Conduct Statement
P5 – Ethical Behavior
Collective Agreement between Red River College and MGEU (Article 14 Conduct of Employees and Article 18 Disciplinary Action)
Article 7:01 Conduct of Employees, Terms and Conditions of Management Staff Excluded from the Bargaining Unit