Common use of Absence of Discipline Clause in Contracts

Absence of Discipline. No Sergeant who within a given year is suspended and/or who receives more than one written reprimand will be eligible for a merit increase. A formal investigation into the propriety of a Sergeant’s conduct by the State of New Jersey or a State sponsored authority that could lead to suspension or loss of commissioned officer status will disqualify the Sergeant from consideration for merit until such time as the investigation fully exonerates said Sergeant. Less than full exoneration disqualifies the Sergeant from consideration for merit during the time period that is both the focus of and that which is covered by the investigation. In this regard, less than full exoneration equates to disqualifying discipline. Neither NJIT’s imposed disciplinary charges nor NJIT’s implemented disciplinary action are of, themselves, “of record”, disqualifying a Sergeant from merit consideration, as long as formal, authorized appeal/grievance procedures are actively and properly utilized and a decision is not yet final and binding.

Absence of Discipline. No Sergeant Lieutenant who within a given year is suspended and/or who receives more than one written reprimand will shall be eligible for a merit increase. A formal investigation into the propriety of a SergeantLieutenant’s conduct by the State of New Jersey or a State sponsored authority that could lead to suspension or loss of commissioned officer status will disqualify the Sergeant Lieutenant from consideration for merit until such time as the investigation fully exonerates said SergeantLieutenant. Less than full exoneration disqualifies the Sergeant Lieutenant from consideration for merit during the time period that is both the focus of and that which is covered by the investigation. In this regard, less than full exoneration equates to disqualifying discipline. Neither NJIT’s imposed disciplinary charges nor NJIT’s implemented disciplinary action are of, themselves, “of record”, disqualifying a Sergeant Lieutenant from merit consideration, as long as formal, authorized appeal/grievance procedures are actively and properly utilized and a decision is not yet final and binding.