Stages of the disciplinary process

3. Principle of due process: Infractions are sanctioned subject to the procedures established in this regulation, respecting the guarantees and rights of due process.

The persons administered enjoy the rights and guarantees implicit in the due administrative procedure. Such rights and guarantees include the right to defense, the right to be notified; to access the file; to refute the charges; to present arguments and supplementary allegations; to offer and produce evidence; to request the floor, when appropriate; to obtain a reasoned decision based on law, issued by a competent authority, and within a reasonable time; and to challenge the decisions that affect them.

4. Principle of double instance: The double instance guarantees the rights of challenge and contradiction through a hierarchical structure that allows the participation of an independent, impartial authority in the review of a previous disciplinary act, either because the interested parties have filed appeals or because they have been consulted.

How long does a disciplinary process take?

How long does a disciplinary process last? The following are the legal terms of a disciplinary process: Preliminary investigation: 6 months. Disciplinary investigation (minor or serious misconduct): 12 months, extendable for up to 6 more months.

What is a disciplinary process give an example?

The disciplinary process is a set of actions aimed at investigating and in some cases sanctioning certain behaviors or conduct of the employee, which involve breach of duties, violation of prohibitions, and abuse in the exercise of rights and functions.

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When is a disciplinary process initiated?

When does disciplinary action begin? Disciplinary action is initiated ex officio in cases where the administration has knowledge of a possible disciplinary offense or the occurrence of the same and thus determine in advance the violation of the disciplinary regime.

Opening of disciplinary investigation Law 734

That in accordance with Article 69 of the Political Constitution of Colombia, Articles 75 and 79 of Law 30 of 1992, and Articles 24 and 26 of Decree 1210 of 1993, the National University of Colombia has the capacity to establish its own statutes and determine the Disciplinary Statute of its academic and administrative personnel, within the framework of respect for due process, human rights, guarantees and constitutional principles.

That the autonomy of the Universidad Nacional de Colombia to issue the Disciplinary Statute for its academic and administrative employees was ratified by the Colombian Constitutional Court in Ruling C-829 of 2002, in which it declared constitutional article 75, paragraph d), and the expression “disciplinary regime for administrative personnel” of Law 30 of 1992; and the expression “disciplinary regime” of article 26 of Decree 1210 of 1993.

That the disciplinary regime for academic personnel was established by Agreement 45 of 1986 of the CSU, and was subsequently modified by Agreements 22 of 1988 and 19 of 1990. And, in the case of administrative employees, the disciplinary regulations were adopted through Agreement 18 of 1998 of the CSU.

Who handles disciplinary proceedings?

The Office of the Attorney General of the Nation is the holder of the preferential exercise of the disciplinary power in the development of which it may initiate, continue or refer any investigation or prosecution within the competence of the internal disciplinary control bodies of the public entities.

What is the expiration time of the disciplinary action?

On the contrary, disciplinary forfeiture operates, as provided in Article 30 of Law 734 of 2002, as a sanction to the administration for its failure to initiate the investigation within 5 years of the occurrence of the event.

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When is a disciplinary process time-barred?

The statute of limitations for disciplinary action is five years, counted for instantaneous misconduct from the day of its consummation and for permanent or continuous misconduct from the date of the last act.

Stages of the disciplinary process in colombia

Thus, for example, when a confession is made by the person under investigation, the process follows a different route, depending on the procedural moment in which the confession is made. In the same way, it will undergo variations when the person under investigation confesses to some facts but does not accept others, or when there are several persons under investigation and some confess and others do not. Each of these eventualities has a form of solution, so the model presented here corresponds to a basic structure.

How is disciplinary action extinguished?

The causes for the extinction of the disciplinary sanction are specified, which are: death of the person sanctioned, rehabilitation and prescription, with regard to the latter, the sanction will expire in a term of 5 years from the date of execution of the judgment.

What does disciplinary process mean?

It is a procedure that establishes the sanctions to be applied if the employee makes a mistake or omits some of its functions. These processes seek the fulfillment of the employee’s duties and functions within the company. …

What is a disciplinary procedure?

The disciplinary procedure is the procedural tool of the administration, through which it manifests its sanctioning power in the event of faults committed by public servants and officials in the course of their work.

Administrative disciplinary process

Victim: The victim is the person affected by a conduct in violation of international norms binding Colombia and referring to human rights (treaties, declarations, conventions, etc.). The victim is a procedural subject, with all the powers provided for in Article 70 of Agreement 171 of 2014.

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Yes. The victim of gender violence is a procedural subject with full powers, since in that case the disciplinary process is aimed at the possible violation of international human rights law.

It is required that the complaint contains a clear and detailed account of the possible disciplinary offense, specifying, as far as possible, the date and place of occurrence, as well as the alleged perpetrator. If documents are available to support the complaint, they should be attached.

Anonymous complaints will not be attended, unless they refer to concrete facts, of possible occurrence, with a determined or determinable perpetrator and evidence is provided to enable the ex officio action to be taken.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.