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receipt of the Due Process memorandum a written explanation why no disciplinary action
should be taken against him. Where the charge against the employee is based on a
document, a copy of such document should be attached to the written notice. The Fact-
finding Official shall require the employee to acknowledge receipt of the written notice, the
original copy of which shall be submitted to HRDMO for 201 filing.

A template of the Due Process Memorandum is available at the HRDM office

During the investigation, preventive suspension, in accordance with law, may be imposed
in cases where the employee’s presence within the School premises poses a serious threat or
imminent danger to life and/or property of other employees and/or the School, or may be
prejudicial to a pending investigation. In such case, the following rules shall apply:

1. If the employee is found guilty after the investigation, and the penalty imposed
is termination, he shall not be entitled to payment of his salary for the days he was on
preventive suspension.

2. If the penalty imposed is suspension, depending on the circumstances of each
case, the employee may be deemed to have served in full the penalty of suspension while
he was on preventive suspension, provided the period of the preventive suspension has
the same length as the penalty imposed. Otherwise:

a. He shall serve the remaining days of suspension, in case the penalty is
for a longer period; or
b. He shall be paid his salary for the days of preventive suspension
exceeding the days of the penalty, in case the penalty is for a shorter
period.
c. If the employee is found innocent or where the penalty is lower than
suspension, he will be paid his salary for the number of days he was on
preventive suspension.

Preventive suspension will not exceed the period provided under the law. However, the
School has the prerogative to extend the period of preventive suspension should there be a
need for further time for investigation. In such case, the employee shall be entitled to his
salary beyond the period provided by law.

The template of the Preventive Suspension Memorandum is available at the HRDM office

9.5 Upon receipt of the written explanation, the Fact-finding Official must afford the alleged
offender the opportunity to:

E.1 Examine the evidence and confront the witnesses against him; and

E.2 Ascertain the complete facts of the case, and the exact nature of the alleged
infraction.

9.6 Taking into account the written explanation of the employee concerned and the results of
investigation conducted, an Initial Fact-finding Report(IFR), template of which is available at the
HRDM office, written and executed by the Fact-finding Official shall be submitted to the
Head of the Department where the employee, subject of the complaint, belongs for review
and endorsement.

The IFR shall contain the following:
a) The date, time and place of the commission of the offense;
Faculty Manual (BES and SHS) 2021ed.icc
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