Common use of Conduct and Discipline Clause in Contracts

Conduct and Discipline. 1. Conduct of an Instructor which is unbefitting the status of a member of the teaching community of an academic institution, including persistent neglect of the duties and obligations set forth in Article 17 (Duties and Obligations), may, following a disciplinary inquiry, be subject to disciplinary measures. Disciplinary measures should be appropriate to their cause and to the principles of progressive discipline. 2. Disciplinary authority (that is, the authority to institute a disciplinary inquiry and, where warranted, to apply disciplinary measures) normally shall rest with the Chair/Director; but the Xxxx or the Vice-Xxxxxxx, may by derogation and substitution assume the disciplinary authority where the gravity of the case warrants, or where the Chair/Director or the Xxxx refuses to institute a disciplinary inquiry in a matter which, in the opinion of the higher official, requires such action. 3. Where the Instructor's alleged misconduct affects another Instructor, a Faculty member, any other employee of or persons rendering services to the Board, or a student, any such person shall have the right to request in writing to any of the officials referred to in clause 2. above, that a disciplinary inquiry be instituted. 4. All disciplinary proceedings shall be confidential. 5. An Instructor shall, prior to the imposition of discipline be provided with the allegation against them in writing, with a copy to the union, and , be notified at a meeting with the person exercising disciplinary authority of the reasons for considering such action, unless the Instructor is a danger to themselves or others. The Instructor may be accompanied by a representative of the Union, which shall be advised, in advance, of the time and place of the meeting. 6. Should a letter of discipline result pursuant to this Article, said letter shall be placed on the Instructor’s Service Record File and shall be removed from the Instructor’s Service Record File after a period of two (2) years, provided there is no repetition of the same or similar conduct during this two (2) year period.

Conduct and Discipline. 1. Conduct of an Instructor which is unbefitting the status of a member of the teaching community of an academic institution, including persistent neglect of the duties and obligations set forth in Article 17 (Duties and Obligations), may, following a disciplinary inquiry, be subject to disciplinary measures. Disciplinary measures should be appropriate to their cause and to the principles of progressive discipline. 2. Disciplinary authority (that is, the authority to institute a disciplinary inquiry and, where warranted, to apply disciplinary measures) normally shall rest with the Chair/Director; but the Xxxx or the Vice-Xxxxxxx, may by derogation and substitution assume the disciplinary authority where the gravity of the case warrants, or where the Chair/Director or the Xxxx refuses to institute a disciplinary inquiry in a matter which, in the opinion of the higher official, requires such action. 3. Where the Instructor's alleged misconduct affects another Instructor, a Faculty member, any other employee of or persons rendering services to the Board, or a student, any such person shall have the right to request in writing to any of the officials referred to in clause 2. above, that a disciplinary inquiry be instituted. 4. All disciplinary proceedings shall be confidential. 5. An Instructor shall, prior to the imposition of discipline be provided with the allegation against them in writing, with a copy to the union, and and, be notified at a meeting with the person exercising disciplinary authority of the reasons for considering such action, unless the Instructor is a danger to themselves or others. The Instructor may be accompanied by a representative of the Union, which shall be advised, in advance, of the time and place of the meeting. 6. Should a letter of discipline result pursuant to this Article, said letter shall be placed on the Instructor’s Service Record File and shall be removed from the Instructor’s Service Record File after a period of two (2) years, provided there is no repetition of the same or similar conduct during this two (2) year period.

Conduct and Discipline. 1. Conduct of an Instructor a Contract Lecturer which is unbefitting the status of a member of the teaching community of an academic institution, including persistent neglect of the duties and obligations set forth in Article 17 (Duties and Obligations), may, following a disciplinary inquiry, be subject to disciplinary measures. Disciplinary measures should be appropriate to their cause and to the principles of progressive discipline. 2. Disciplinary authority (that is, the authority to institute a disciplinary inquiry and, where warranted, to apply disciplinary measures) normally shall rest with the Chair/Director; but the Xxxx or the Vice-Xxxxxxx, may by derogation and substitution assume the disciplinary authority where the gravity of the case warrants, or where the Chair/Director or the Xxxx refuses to institute a disciplinary inquiry in a matter which, in the opinion of the higher official, requires such action. 3. Where the InstructorContract Lecturer's alleged misconduct affects another InstructorContract Lecturer, a Faculty member, any other employee of or persons rendering services to the Board, or a student, any such person shall have the right to request in writing to any of the officials referred to in clause 2. above, that a disciplinary inquiry be instituted. 4. All disciplinary proceedings shall be confidential. 5. An Instructor A Contract Lecturer shall, prior to the imposition of discipline be provided with the allegation against them in writing, with a copy to the union, and and, be notified at a meeting with the person exercising disciplinary authority of the reasons for considering such action, unless the Instructor Contract Lecturer is a danger to themselves or others. The Instructor may Contract Lecturer shall be accompanied advised by a representative the University of the Union, which his/her right to Union representation prior to such meeting. The Union shall be advised, in advance, of the time and place of the meeting. 6. Should a letter of discipline result pursuant to this Article, said letter shall be placed on the InstructorContract Lecturer’s Service Record File and shall be removed from the InstructorContract Lecturer’s Service Record File after a period of two (2) years, provided there is no repetition of the same or similar conduct during this two (2) year period. 7. The University will provide the Union on a quarterly basis with a report on current investigations in which the Union has assumed a representational role, providing a progress report on each such investigation and, on a without prejudice basis, an anticipated date of completion.

Conduct and Discipline. 12.4.1 Where a breach of discipline appears to have occurred, the employer shall determine whether disciplinary procedures should be initiated. Conduct Where the employer considers it appropriate it shall make initial enquiries to establish whether the disciplinary procedures should be initiated. In some cases, where the facts are clear and acknowledged, resolution may be achieved informally by discussion between the parties without the need for initiating the disciplinary procedures. The teacher shall be informed of any allegation of a breach of discipline and of his/her right to consult the union and of the right to be represented at any stage. 2.4.2 Questions of conduct or discipline should be handled fairly in a manner which protects the mana and dignity of the teacher concerned. Teachers may seek whanau, family, professional and/or union support in relation to such matters. 2.4.3 When an Instructor employer decides to initiate formal disciplinary procedures against a teacher, the following principles are to be observed: (a) The employer or its agents will advise the teacher in writing of the reason for the disciplinary procedures being initiated, invite the teacher to respond in writing, and advise the teacher of her/his right to request union assistance and/or representation at any stage. (b) Before any substantive disciplinary action is taken, an investigation must be undertaken by the employer. The teacher is to be invited to attend any such investigation and to make a statement concerning the matter either personally or through a representative. (c) Notwithstanding clause 2.4.3(b) above, if the employer is satisfied that the welfare and interests of any student attending the school so requires, the employer may, at any time before the matter has finally been disposed of, either: (i) suspend the teacher Note: suspension would normally be on pay except in exceptional circumstances); or (ii) transfer the teacher to other duties. (d) Where a breach of discipline is held to have occurred, the employer shall not impose a penalty on the teacher without first: (i) giving the teacher the opportunity to make representations to it; and (ii) taking into account any period of suspension already imposed. (e) In the case of a finding of serious misconduct the employer may dismiss the teacher without notice. 2.4.4 Where a teacher has been suspended, and subsequently a breach of discipline is held not to have been proved, the teacher shall, unless the teacher has already resigned, be entitled to resume forthwith, teaching duties. 2.4.5 Where the teacher has been suspended without pay and subsequently the breach of discipline is held not to have been proved the salary withheld for the period of suspension shall be reimbursed. 2.4.6 If any penalty is imposed by the employer, the teacher must be advised of her/his right to pursue a personal grievance in terms of the employment relationship problem resolution provisions referred to in Part Eight of this agreement: 2.4.7 The following are examples of matters that may warrant disciplinary action. This is not an exhaustive list, nor is it intended that every such matter listed here must always be treated as a disciplinary matter. Each case must be assessed on its individual merits. (a) disobedience of lawful orders or instructions; (b) negligence, carelessness or indolence in carrying out her/his duties as a teacher; (c) gross inefficiency as a teacher; (d) misuse or failure to take proper care of school property or equipment in her/his custody or charge; (e) absence from duty without valid excuse; (f) conduct in her/his capacity as a teacher or otherwise which is unbefitting the status of unbecoming to a member of the teaching community of an academic institution, including persistent neglect of the duties and obligations set forth in Article 17 (Duties and Obligations), may, following a disciplinary inquiry, be subject to disciplinary measures. Disciplinary measures should be appropriate to their cause and to the principles of progressive disciplineservice. 2. Disciplinary authority (that is, the authority to institute a disciplinary inquiry and, where warranted, to apply disciplinary measures) normally shall rest with the Chair/Director; but the Xxxx or the Vice-Xxxxxxx, may by derogation and substitution assume the disciplinary authority where the gravity of the case warrants, or where the Chair/Director or the Xxxx refuses to institute a disciplinary inquiry in a matter which, in the opinion of the higher official, requires such action. 3. Where the Instructor's alleged misconduct affects another Instructor, a Faculty member, any other employee of or persons rendering services to the Board, or a student, any such person shall have the right to request in writing to any of the officials referred to in clause 2. above, that a disciplinary inquiry be instituted. 4. All disciplinary proceedings shall be confidential. 5. An Instructor shall, prior to the imposition of discipline be provided with the allegation against them in writing, with a copy to the union, and , be notified at a meeting with the person exercising disciplinary authority of the reasons for considering such action, unless the Instructor is a danger to themselves or others. The Instructor may be accompanied by a representative of the Union, which shall be advised, in advance, of the time and place of the meeting. 6. Should a letter of discipline result pursuant to this Article, said letter shall be placed on the Instructor’s Service Record File and shall be removed from the Instructor’s Service Record File after a period of two (2) years, provided there is no repetition of the same or similar conduct during this two (2) year period.