Article X
- (a) The Secretary-General may impose disciplinary measures on staff members who engage in misconduct;
- (b) Sexual exploitation and sexual abuse constitute serious misconduct.
Chapter X
Misconduct
- (a) Failure by staff members to comply with their obligations under the Charter of the United Nations, the Staff Regulations and Rules or other relevant administrative issuances or to observe the standards of conduct expected of an international civil servant may amount to misconduct and may lead to the institution of a disciplinary process and the imposition of disciplinary measures for misconduct.
- (b) Where the Secretary-General determines that a staff member s conduct constituted misconduct, and that the staff member s conduct was wilful, reckless or grossly negligent, the staff member may be required to reimburse the United Nations either partially or in full for any financial loss suffered by the United Nations as a result of the staff member s conduct.
- (c) The decision to investigate allegations of misconduct, to institute a disciplinary process and to impose a disciplinary measure shall be within the discretionary authority of the Secretary-General or officials with delegated authority.
Disciplinary measures
- (a) Disciplinary measures may take one or more of the following forms only:
- (i) Written censure;
- (ii) Loss of one or more steps in grade;
- (iii) Deferment, for a specified period, of eligibility for salary increment;
- (iv) Suspension without pay for a specified period;
- (v) Fine;
- (vi) Deferment, for a specified period, of eligibility for consideration for promotion;
- (vii) Demotion with deferment, for a specified period, of eligibility for consideration for promotion;
- (viii) Separation from service, with notice or compensation in lieu of notice, notwithstanding staff rule 9.7 (Notice of termination), and with or without termination indemnity pursuant to paragraph (c) of annex III to the Staff Regulations;
- (ix) Dismissal.
- (b) Measures other than those listed under paragraph (a) above shall not be considered disciplinary measures. Such measures are administrative measures that include, but are not limited to, the following:
- (i) Written or oral reprimand;
- (ii) Recovery of monies owed to the Organization;
- (iii) Administrative leave with full or partial pay or without pay pending investigation and the disciplinary process pursuant to staff rule 10.4.
- (c) A staff member shall be provided with the opportunity to comment on the facts and circumstances prior to the issuance of a written or oral reprimand pursuant to subparagraph (b) (i) above.
Due process in a disciplinary process
- (a) The Secretary-General may initiate a disciplinary process where the findings of an investigation indicate that misconduct may have occurred. No disciplinary measure may be imposed on a staff member following the completion of an investigation unless the staff member has been notified, in writing, of the formal allegations of misconduct against the staff member and has been given the opportunity to respond to those formal allegations. The staff member shall also be informed of the right to seek the assistance of counsel in the staff member s defence through the Office of Staff Legal Assistance, or from outside counsel at the staff member s own expense.
- (b) Any disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of the staff member s misconduct.
- (c) A staff member against whom disciplinary or non-disciplinary measures, pursuant to staff rule 10.2, have been imposed following the completion of a disciplinary process may submit an application challenging the imposition of such measures directly to the United Nations Dispute Tribunal, in accordance with chapter XI (Appeals) of the Staff Rules.
- (d) An appeal against a judgment of the United Nations Dispute Tribunal by the staff member or by the Secretary-General may be filed with the United Nations Appeals Tribunal in accordance with chapter XI (Appeals) of the Staff Rules.
Administrative leave pending investigation and the disciplinary process
- (a) A staff member may be placed on administrative leave, under conditions established by the Secretary-General, at any time after an allegation of misconduct and pending the completion of a disciplinary process. Administrative leave may continue until the completion of the disciplinary process.
- (b) A staff member placed on administrative leave pursuant to paragraph (a) above shall be given a written statement of the reason(s) for such leave and its probable duration.
- (c) Administrative leave shall be with full pay except (i) in cases where there are reasonable grounds to believe that a staff member engaged in sexual exploitation and/or sexual abuse, in which case the placement of the staff member on administrative leave shall be without pay, or (ii) when the Secretary-General decides that exceptional circumstances exist which warrant the placement of a staff member on administrative leave with partial pay or without pay.
- (d) Placement on administrative leave shall be without prejudice to the rights of the staff member and shall not constitute a disciplinary measure. If administrative leave is with partial pay or without pay and the staff member s conduct at issue does not lead to the imposition of the disciplinary measure of dismissal or separation from service, any pay withheld shall be restored without delay.
- (e) A staff member who has been placed on administrative leave may challenge the decision to place him or her on such leave in accordance with chapter XI (Appeals) of the Staff Rules.