A. Scope
This procedure implements UC PPSM-63: Investigatory Leave, and applies to employees in the Professional & Support Staff (“PSS”) personnel program and the Management & Senior Professional (“MSP”) program. The intent of this procedure is to ensure that departments consult with Campus Human Resources – Employee & Labor Relations (“CHR ELR”) or UCLA Health Employee & Labor Relations (“Health ELR”) to determine when it is appropriate to place an employee on investigatory leave.
B. Definitions
Detailed information about common terms used within Personnel Policies for Staff Members can be found in UC PPSM-2: Definition of Terms.
C. Overview
Investigatory leave is available to management in situations where it may be advisable to remove an employee from the worksite in order to avoid disruption of operations; interference with the investigatory process; endangerment of others; or in other serious circumstances, based on consultation with CHR ELR or Health ELR. Investigatory leave, either with or without pay, may be implemented for a specific period of time in order to permit the University to review or investigate the circumstances.
Placement on investigatory leave is not a disciplinary action. It must not be used in lieu of corrective action or progressive discipline.
Situations that may warrant an employee’s placement on investigatory leave include but are not limited to the following circumstances in which the University has a reasonable basis to believe that one or more of the following has occurred and warrants investigation:
• Acts endangering employees, students, patients, visitors, or other University constituents;
• Posing an imminent risk to University property or institutional safety;
• Violation of UCLA Policy 132: Workplace Violence Prevention;
• Violation of UCLA Policy 131: Weapons on University Property;
• Serious misconduct that requires investigation based on allegations of exploitation, intimidation, discrimination, or harassment;
• Sexual violence or sexual harassment (see UC Sexual Violence and Sexual Harassment Policy);
• Violation of UCLA Policy 136: Reporting Child Abuse and Neglect;
• Theft or misappropriation of University property;
• Privacy violation (e.g., improperly accessing confidential information);
• Risk of sabotage to equipment or records;
• Suspected substance-related impairment;
• Egregious violation of UC Regents Policy 1111: Statement of Ethical Values and Standards of Ethical Conduct;
• Violation of federal or state law;
• Other serious violations of University or campus policies; and
• Other conduct that warrants immediate removal of the employee from the worksite while the University conducts an investigation.
D. Authority
Campus departments must consult and obtain approval from CHR ELR prior to placing an employee on investigatory leave. Departments are responsible for informing the organization head (i.e., Dean, Vice Chancellor, Vice Provost, or designee) regarding the reasons for the investigatory leave.
UCLA Health departments must consult with Health ELR before placing an employee on investigatory leave.
E. Placing an Employee on Investigatory Leave
1. Notice of Investigatory Leave
The department must notify the employee that they are being placed on investigatory leave. If possible, written notice of the investigatory leave must be provided to the employee at the time of being placed on leave. If that is not possible, written notice and proof of service must be sent to the employee’s personal email address or home address no later than three (3) University business days after the leave takes effect.
CHR ELR or Health ELR will advise the department on preparation of the investigatory leave notice. The notice will include: the expected duration of the leave; pay status during the leave; and the general reason(s) for the leave. CHR ELR or Health ELR will send a copy of the written notice to the employee’s representative, if applicable.
The department must track the investigatory leave dates and consult with CHR ELR or Health ELR when the leave is nearing expiration. If the leave needs to be extended, the department must provide written notice of the extension to the employee.
Employees on investigatory leave are required to provide the University with their current home address, personal telephone number, and personal email address, at which they can be reached during their leave. The department will confirm this information with the employee so that they can be contacted to schedule the investigatory interview or notified of any changes to the leave dates. Absent extraordinary circumstances, the employee must remain available during their normal scheduled work hours and fully cooperate with the investigation. An employee’s refusal to provide their contact information or fully cooperate with a University investigation may lead to disciplinary action, including termination.
2. University Access and Property
In the situations listed in Section C (Overview), the office providing security services or the UCLA Police Department (“UCPD”) may need to be informed of the employee’s restriction from the UCLA campus and/or need to leave the worksite immediately.
Departments will collect University property from the employee such as keys, BruinCard, access cards, and University-issued devices (smart phones, laptops, etc.). Additionally, the employee’s access to University’s systems (including email) may be disabled while the employee is on investigatory leave.
3. Pay Status During Investigatory Leave
a. Paid Leave
Generally, employees will remain on pay status during investigatory leave.
b. Unpaid Leave
In very limited circumstances, when the University has evidence that an employee has engaged in serious misconduct or violation of University policy, the employee may be placed on unpaid investigatory leave. Examples of situations warranting unpaid leave include but are not limited to evidence of theft, embezzlement, or workplace violence. Approval by the Associate Vice Chancellor – Campus Human Resources or Chief Human Resources Officer for UCLA Health, upon recommendation from ELR, must be obtained prior to placing an employee on unpaid investigatory leave.
An employee must be notified at the time of being placed on investigatory leave (or, if the employee’s pay status is being changed, at the time of the change in pay status) that the leave is unpaid and provided the reason(s) for the unpaid leave. An employee’s refusal to respond to the University’s communications regarding, or fully cooperate with, an investigation may lead to disciplinary action, including termination.
F. Cases Requiring Notification to University Offices
Certain cases require notification to the following University offices.
1. UCLA Police Department
If the employee is perceived to be an immediate threat, contact the UCPD by dialing 9-1-1.
In conjunction with CHR ELR or Health ELR, UCPD must be notified in cases involving potential criminal activity.
2. UCLA Audit & Advisory Services
In conjunction with CHR ELR or Health ELR, UCLA Audit & Advisory Services must be consulted when an employee is placed on investigatory leave in cases involving potential theft or misappropriation of University property or resources (see UCLA Procedure 360.1: Misappropriation of University Assets by University Academic, Staff and Student Employees). Audit & Advisory Services will contact Insurance & Risk Management regarding any potential insurance claims.
3. UCLA Title IX Office
In conjunction with CHR ELR or Health ELR, the UCLA Title IX Office must be consulted before an employee is placed on investigatory leave for alleged violations of the UC Sexual Violence & Sexual Harassment Policy.
4. UCLA Staff Diversity & AA/EEO Compliance Office
In conjunction with CHR ELR or Health ELR, the UCLA Staff Diversity & Equal Employment Opportunity Compliance Office (SD&C) must be consulted before an employee is placed on investigatory leave for alleged violations of the UC Discrimination, Harassment, and Affirmative Action in the Workplace Policy.
5. UCLA Behavioral Intervention Team
The UCLA Behavioral Intervention Team (“BIT”) or UCLA Health Threat Assessment Team (“TAT”) must be consulted if an employee is exhibiting behaviors of concern or has potentially violated the UCLA Workplace Violence Prevention Policy.
G. Other Types of Leave
Employees may be eligible for other types of leave (e.g., Family and Medical Leave, Pregnancy Disability Leave, etc.) in accordance with other applicable University policies.
H. References
• UC Personnel Policies for Staff Members PPSM-63
• Collective Bargaining Agreements
• UCLA Policy 132: Workplace Violence Prevention
• UCLA Policy 131: Weapons on University Property
• UCLA Policy 136: Reporting Child Abuse and Neglect
• Regents Policy 1111: Statement of Ethical Values & Standards of Ethical Conduct
• UC Sexual Violence and Sexual Harassment Policy
• UC Discrimination, Harassment, and Affirmative Action in the Workplace Policy
• UCLA Procedure 360.1: Misappropriation of University Assets by University Academic, Staff and Student Employees
