40. Investigatory Suspension

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40. Investigatory Suspension

   Investigatory suspension is not a disciplinary action.  An employee who is under investigation either by the Nebraska Supreme Court or other civil authorities for criminal activity or who is alleged to have committed a violation which threatens the safety or health of another person, or a violation of sufficient magnitude that the consequence causes disruption of work, may be suspended with or without pay based on the nature of the alleged offense pending the outcome of the investigation or trial.

   1. If no immediate danger would result, a supervisor, before suspending an employee under this section, should attempt to verify evidence with the employee and may afford the employee an opportunity to refute this information or present mitigating evidence. If a meeting takes place, the supervisor shall notify the employee prior to such meeting and shall inform the employee of the purpose of the meeting. The employee shall be notified of the general nature of the investigation.

   2. Based on the relevant facts acquired in the investigation, if an employee is found not guilty or if no judicial action is taken, the employee may or may not be restored to his/her position. If the employee is reinstated, full pay and service credit for the period of his/her suspension shall be granted.

   3.  If the investigation shows that disciplinary action should be taken, the supervisor shall initiate disciplinary procedures.

   4. An investigatory suspension is a grievable action.

Amended 9-17-03; amended 7-9-15.