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 —

“authorised person” means a person appointed under rule 3A(1) to conduct a preliminary investigation into a complaint made against an employee;

[S 71/2003 wef 14/02/2003]

“committee of inquiry” means the committee of inquiry appointed under rule 4(4);

[S 71/2003 wef 14/02/2003]

“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;

“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) [Deleted by S 71/2003 wef 14/02/2003]

(3) [Deleted by S 71/2003 wef 14/02/2003]

(4) [Deleted by S 71/2003 wef 14/02/2003]

(5) [Deleted by S 71/2003 wef 14/02/2003]

(6) [Deleted by S 71/2003 wef 14/02/2003]

(7) [Deleted by S 71/2003 wef 14/02/2003]

(8) [Deleted by S 71/2003 wef 14/02/2003]

(9) [Deleted by S 71/2003 wef 14/02/2003]

(10) [Deleted by S 71/2003 wef 14/02/2003]

(11) [Deleted by S 71/2003 wef 14/02/2003]

Disciplinary action by Principal

3A.—(1) Where a complaint is made to the Principal or any information comes to his knowledge that an employee has or may have committed an act which, if established, would constitute any of the disciplinary offences specified in the Schedule, the Principal shall appoint one or more authorised persons to conduct a preliminary investigation into the complaint or information.

(2) The authorised person shall notify the employee in writing of the complaint made against him or the information referred to in paragraph (1).

(3) An employee who has received a notification under paragraph (2) shall submit to the authorised person a written explanation or reply to the matters set out in the notification within 7 days of the receipt of the notification.

(4) Notwithstanding the failure of an employee to submit a written explanation or reply under paragraph (3) —

(a)	the authorised person may proceed to conduct a preliminary investigation into the complaint or the matter and shall submit a report to the Principal in accordance with paragraph (5); and
(b)	the Principal may proceed to make a determination in respect of the complaint or matter in accordance with paragraph (6).

(5) The authorised person shall, after considering the case made against the employee, his reply thereto (if any) and the results of the investigation, submit a report of the investigation to the Principal within 14 days of the conclusion of the investigation of the case.

(6) The Principal may, after considering the report of the investigation, do any of the following:

(a)

if he is of the opinion that the allegation against the employee has not been established, he may dismiss the complaint or matter and strike the complaint or matter from the records;

(b)

if he is of the opinion that the allegation against the employee has been established but is not serious enough to warrant dismissal or reduction in rank, he may —

(i)	order that any increment due to the employee concerned be stopped or deferred for a period not exceeding one year;
(ii)	impose a financial penalty not exceeding one month’s emoluments of the employee;
(iii)	reprimand the employee; or
(iv)	impose a combination of the penalties referred to in sub-paragraphs (i), (ii) and (iii);

(c)

if he is of the opinion that the allegation has been established and is serious enough to warrant dismissal or reduction in rank, he may refer the complaint or matter to the Staff Disciplinary Committee together with a copy of the report of the investigation submitted by the authorised person under paragraph (5).

[S 71/2003 wef 14/02/2003]

Appeal to Staff Disciplinary Committee

3B.—(1) Where an employee is dissatisfied with the decision of the Principal under rule 3A(6)(b), he may lodge an appeal with the Staff Disciplinary Committee within 14 days of the decision —

(a)	stating briefly and concisely the grounds upon which he is dissatisfied with the decision of the Principal; and
(b)	asking for a reconsideration of the decision.

(2) After consideration of an appeal lodged under paragraph (1), the Staff Disciplinary Committee 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 Principal; or
(c)	substitute the penalty imposed by the Principal with such other penalty referred to in rule 3A(6)(b) as it thinks fit.

(3) The decision of the Staff Disciplinary Committee under paragraph (2) shall be final and binding.

[S 71/2003 wef 14/02/2003]

Action by Staff Disciplinary Committee

4.—(1) The Staff Disciplinary Committee may, after considering the report of investigation referred by the Principal under rule 3A(6)(c), cause proceedings to be taken under this rule and rules 5 to 12.

[S 71/2003 wef 14/02/2003]

(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 committee of inquiry to inquire into the matter and to submit a report to the Staff Disciplinary Committee.

[S 71/2003 wef 14/02/2003]

(5) The committee of inquiry shall consist of the following:

(a)	a member of the staff of the Polytechnic;
(b)	a public officer; and
(c)	one other person. [S 71/2003 wef 14/02/2003]

(6) A person who is appointed as an authorised person for the investigation of any complaint against an employee shall not sit as a member of the committee of inquiry in any subsequent proceedings in respect of that complaint.

[S 71/2003 wef 14/02/2003]

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

[S 71/2003 wef 14/02/2003]

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 committee of inquiry 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. [S 71/2003 wef 14/02/2003]

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

[S 71/2003 wef 14/02/2003]

(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 committee of inquiry may in its discretion record any particular question and answer.

[S 71/2003 wef 14/02/2003]

(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 committee of inquiry 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.

[S 71/2003 wef 14/02/2003]

Adjournments

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

[S 71/2003 wef 14/02/2003]

(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 committee of inquiry 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.

[S 71/2003 wef 14/02/2003]

Attempts to hamper inquiry

8.—(1) If the committee of inquiry 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.

[S 71/2003 wef 14/02/2003]

(2) If, after such warning, the committee of inquiry 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.

[S 71/2003 wef 14/02/2003]

Report to Staff Disciplinary Committee

9. The committee of inquiry 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.

[S 71/2003 wef 14/02/2003]

Decision of Staff Disciplinary Committee

10. The Staff Disciplinary Committee may, upon considering the report of the committee of inquiry, 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, reprimand or a financial penalty not exceeding one month’s emoluments of the employee. [S 71/2003 wef 14/02/2003]

Further hearing

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

[S 71/2003 wef 14/02/2003]

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

[S 71/2003 wef 14/02/2003]

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 committee of inquiry 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.

[S 71/2003 wef 14/02/2003]

(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, reprimand or a financial penalty not exceeding one month’s emoluments of the employee. [S 71/2003 wef 14/02/2003]

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, reprimand or a financial penalty not exceeding one month’s emoluments of the employee. [S 71/2003 wef 14/02/2003]

(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 committee of inquiry

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

[S 71/2003 wef 14/02/2003]

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 Principal may, after consulting the Staff Disciplinary Committee, forthwith interdict the employee from the exercise of the powers and functions of his office.

[S 71/2003 wef 14/02/2003]

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

[S 71/2003 wef 14/02/2003]

(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 Principal thinks fit or the Principal may order the withholding of his emoluments.

[S 71/2003 wef 14/02/2003]

(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 Principal thinks fit.

[S 71/2003 wef 14/02/2003]

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) Where an employee is convicted of a criminal offence —

(a)	the Principal shall not be required to appoint an authorised person to conduct a preliminary investigation under rule 3A(1); and
(b)	the Staff Disciplinary Committee shall not be required to appoint a committee of inquiry under rule 4(4). [S 71/2003 wef 14/02/2003]

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.

Financial penalties to be paid to Polytechnic

20. Any financial penalty imposed by the Principal, the Staff Disciplinary Committee or the Council under these Rules shall be paid to the Polytechnic.

[S 71/2003 wef 14/02/2003]

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

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