Ngee Ann Polytechnic (Staff — Conduct and Discipline) Rules

Ngee Ann Polytechnic Act

(Chapter 207, Section 24)

R 4

REVISED EDITION 1990

(25th March 1992)

[10th September 1982]

Citation

1. These Rules may be cited as the Ngee Ann Polytechnic (Staff — Conduct and Discipline) Rules.

Definition

2. In these Rules, unless the context otherwise requires —

“disciplinary proceedings committee” means the disciplinary proceedings committee appointed under rule 4(4);

“emoluments” include any increment, allowance or other benefit which an employee is or may become entitled to during the period disciplinary proceedings are instituted against him under these Rules;

“employee” means any employee of the Polytechnic whether the employee is holding a permanent, temporary or contractual appointment;

“preliminary inquiry committee” means the preliminary inquiry committee appointed under rule 3(2);

“Staff Disciplinary Committee” means the Staff Disciplinary Committee appointed under rule 3(1).

Staff Disciplinary Committee

3.—(1) For the purposes of these Rules, the Council shall appoint a Staff Disciplinary Committee consisting of 3 members of whom one shall be a member of the Council and the remaining members shall be persons who are not members of the Council. Two members of the Staff Disciplinary Committee shall form a quorum.

(2) When a complaint is lodged by any person against an employee alleging the commission by the employee of any of the disciplinary offences specified in the Schedule, the Principal shall refer the complaint to a preliminary inquiry committee appointed by the Staff Disciplinary Committee.

(3) A preliminary inquiry committee appointed under paragraph (2) shall consist of not fewer than two or more than 3 persons.

(4) The complaint shall be communicated in writing to the employee who shall be required to submit a written explanation within 7 days of the receipt of the communication or such further period as the preliminary inquiry committee may allow.

(5) If, after considering the explanation submitted by the employee under paragraph (4), the preliminary inquiry committee is of the opinion that the subject of the complaint warrants proceedings under these Rules with a view to the dismissal or reduction in rank of the employee, the preliminary inquiry committee shall forthwith report the matter to the Staff Disciplinary Committee.

(6) If the preliminary inquiry committee is of the opinion that the subject of the complaint is not serious enough to warrant proceedings under these Rules with a view to the dismissal or reduction in rank of the employee, the preliminary inquiry committee may cause an investigation to be made into the matter in such manner as it thinks fit.

(7) In any investigation made under paragraph (6) the preliminary inquiry committee shall give the employee who is under investigation a reasonable opportunity to reply to the allegation made against him.

(8) The preliminary inquiry committee shall, after considering the case made against the employee, his reply thereto and the results of any investigation made under paragraph (6), submit a report to the Staff Disciplinary Committee within 14 days of the conclusion of its inquiry into the case.

(9) A report submitted under paragraph (8) shall contain a summary of the facts of the case.

(10) Where the Staff Disciplinary Committee is satisfied, after considering the report of the preliminary inquiry committee submitted under paragraph (8) that the allegation has been proved, the Staff Disciplinary Committee may —

(a)	order that any increment due to the employee be stopped or deferred for a period not exceeding one year;
(b)	impose a fine not exceeding one week’s emoluments of the employee or the sum of $100 whichever is the less; or
(c)	reprimand the employee.

(11) No appeal shall lie from a decision of the Staff Disciplinary Committee under this rule to the Council.

Action by Staff Disciplinary Committee

4.—(1) The Staff Disciplinary Committee may, after considering any report made by the preliminary inquiry committee under rule 3(5), cause proceedings to be taken under this rule and rules 5 to 12.

(2) The employee shall be notified in writing by the Staff Disciplinary Committee of the grounds, which shall be reduced to the form of a definite charge or charges, upon which it is intended to dismiss him or to reduce his rank.

(3) The employee shall be given not less than 7 days within which to exculpate himself in writing, and he shall also be notified in writing of any other circumstances which it is proposed to take into consideration.

(4) If the employee submits an exculpatory statement which is not satisfactory, the Staff Disciplinary Committee shall appoint a disciplinary proceedings committee to inquire into the matter and to submit a report to the Staff Disciplinary Committee.

(5) The disciplinary proceedings committee shall consist of the following:

(a)	a member of the staff of the Polytechnic;
(b)	a public officer; and
(c)	one other person.

(6) A person who sits as a member of the preliminary inquiry committee in the preliminary inquiry on any case shall not sit as a member of the disciplinary proceedings committee in any subsequent proceedings on that case.

(7) Every member of the disciplinary proceedings committee shall be notified of his appointment by the Principal.

Rights of employee and procedure

5.—(1) The employee shall be given not less than 7 days’ notice in writing of the date on which the disciplinary proceedings committee will commence its inquiry and the employee shall attend the inquiry and shall be permitted to —

(a)	cross-examine the witnesses;
(b)	give evidence on his own behalf;
(c)	have such witnesses as he may wish called on his behalf; and
(d)	have access to information contained in any document at a reasonable time before the document is tendered in evidence.

(2) The record of the proceedings of the disciplinary proceedings committee shall consist of the information obtained by the committee and a report by the committee.

(3) The information shall not ordinarily be set out in the form of question and answer, but in the form of a narrative.

(4) The disciplinary proceedings committee may in its discretion record any particular question and answer.

(5) At an inquiry the evidence on behalf of the Staff Disciplinary Committee shall be presented by a member of the staff of the Polytechnic or by any public officer or an advocate and solicitor appointed by the Principal.

(6) The employee under inquiry may be represented by an advocate and solicitor, a member of the staff of the Polytechnic or by such other person as the Staff Disciplinary Committee may allow.

(7) The disciplinary proceedings committee shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.

Adjournments

6.—(1) The disciplinary proceedings committee shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing.

(2) Every adjournment, with reasons therefor, shall be reported forthwith to the Principal and the Staff Disciplinary Committee.

(3) No adjournment shall be given for more than 14 days except with the permission of the Staff Disciplinary Committee.

Absence of member of committee

7. The disciplinary proceedings committee may in its discretion conduct proceedings under these Rules notwithstanding the absence, temporary or otherwise, of one of its members and the validity of the proceedings shall not be challenged on this ground.

Attempts to hamper inquiry

8.—(1) If the disciplinary proceedings committee is satisfied that the employee under inquiry is hampering or attempting to hamper the progress of the inquiry, it shall administer a warning to the employee.

(2) If, after such warning, the disciplinary proceedings committee is satisfied that the employee is acting in disregard of the warning, it shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.

Report to Staff Disciplinary Committee

9. The disciplinary proceedings committee shall, within 14 days of the conclusion of the proceedings or such further period as the Staff Disciplinary Committee may allow, report to the Staff Disciplinary Committee through the Principal.

Decision of Staff Disciplinary Committee

10. The Staff Disciplinary Committee may, upon considering the report of the disciplinary proceedings committee, if it is of the opinion —

(a)	that the employee should be dismissed or be reduced in rank, dismiss or reduce the rank of the employee from such date as it thinks fit; or
(b)	that some punishment other than dismissal or reduction in rank should be imposed, impose a penalty which may include a stoppage or deferment of increment, fine or reprimand.

Further hearing

11.—(1) The Staff Disciplinary Committee may require the disciplinary proceedings committee to reconvene to consider further evidence and to meet for that purpose.

(2) The employee shall be given not less than 14 days’ notice of any such further meeting of the disciplinary proceedings committee.

Failure to furnish exculpatory statement

12.—(1) Where the employee fails to furnish an exculpatory statement within the time prescribed by rule 4(3), he shall be informed in writing by the Staff Disciplinary Committee that if he fails to furnish an exculpatory statement within such further period, which shall not be less than 21 days from the date of the first communication of the charge to him, as the Staff Disciplinary Committee may allow, the Staff Disciplinary Committee may proceed to determine the matter in accordance with paragraph (2).

(2) The Staff Disciplinary Committee may dispense with the appointment of a disciplinary proceedings committee to inquire into the matter where the employee —

(a)	admits the charge or charges or any one of them; or
(b)	fails to furnish an exculpatory statement within the time prescribed by rule 4(3) and the further period provided under paragraph (1),

and proceed to determine the matter as the Staff Disciplinary Committee thinks fit after giving the employee a final opportunity of being heard.

(3) If, upon considering the facts of the case, the Staff Disciplinary Committee is of the opinion —

(a)	that the employee should be dismissed or reduced in rank, it shall dismiss or reduce the rank of the employee from such date as it thinks fit; or
(b)	that some punishment other than dismissal or reduction in rank should be imposed, it may impose a penalty which may include a stoppage or deferment of increment, fine or reprimand .

Appeal to Council

13.—(1) Any employee may, within one month of the notice of the decision of the Staff Disciplinary Committee to dismiss him or to reduce his rank under rule 10 or 12, appeal against the decision to the Council.

(2) On appeal under paragraph (1) to the Council, the Council may determine the case in such manner as it thinks fit and may —

(a)	dismiss the appeal;
(b)	allow the appeal and quash the decision of the Staff Disciplinary Committee; or
(c)	impose a penalty which may include a stoppage or deferment of increment, fine or reprimand.

(3) A member of the Council who sits as a member of the Staff Disciplinary Committee to decide a case shall not sit as a member of the Council on any subsequent appeal from that case.

Dissolution of disciplinary proceedings committee

14. The disciplinary proceedings committee shall only be dissolved upon a signification to that effect communicated to its members by the Staff Disciplinary Committee.

Interdiction

15.—(1) Where criminal proceedings or disciplinary proceedings for the dismissal of an employee or his reduction in rank are being instituted against him, the Staff Disciplinary Committee may, after consulting the Principal or, in his absence, the Vice-Principal, forthwith interdict the employee from the exercise of the powers and functions of his office.

(2) The Staff Disciplinary Committee shall not interdict an employee under paragraph (1) unless it considers that the interests of the Polytechnic require that the employee should cease to exercise his duties immediately.

(3) An employee who has been interdicted may be allowed to receive such portion of the emoluments of his office for such period during the interdiction as the Staff Disciplinary Committee thinks fit or the Staff Disciplinary Committeemay order the withholding of his emoluments.

(4) If the disciplinary proceedings against an employee do not result in the dismissal or other punishment of the employee, he shall be entitled to the full amount of the emoluments which he would have received had he not been interdicted.

(5) If the punishment is other than dismissal, the employee may be refunded such portion of the emoluments withheld as a result of his interdiction as the Staff Disciplinary Committeethinks fit.

Criminal proceedings

16. If criminal proceedings are instituted against an employee, proceedings under these Rules for his dismissal on any grounds relating to the alleged criminal offence shall not be taken until —

(a)	the criminal proceedings have been determined; or
(b)	if there is an appeal against conviction, the appeal has been withdrawn or is deemed to have been withdrawn or has been disposed of by the Appellate Court.

Conviction

17.—(1) The Staff Disciplinary Committee may, where an employee is convicted of a criminal offence, consider the record of the proceedings of the court and it may, if it is of the opinion that the employee should be dismissed or reduced in rank or otherwise punished, punish the employee accordingly after he has been given a reasonable opportunity of being heard.

(2) The Staff Disciplinary Committee shall not be obliged to appoint a preliminary inquiry committee or a disciplinary proceedings committee in the case of an employee who is convicted of a criminal offence.

Withholding of increment

18.—(1) Where disciplinary proceedings are being instituted against an employee, the Staff Disciplinary Committee may without interdicting the employee withhold any increment due to the employee during the interval before the disciplinary proceedings are completed.

(2) Any increment of an employee which is withheld under paragraph (1) may in the discretion of the Staff Disciplinary Committee be forfeited.

Prohibition on resignation

19. An employee against whom disciplinary proceedings are instituted under these Rules shall not, without the permission of the Staff Disciplinary Committee, resign during the interval before the disciplinary proceedings are completed.

[G.N. No. S 246/82]

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