Common use of Discharge and Demotion Clause in Contracts

Discharge and Demotion. Discharge and demotion shall be made only for a reason that is not arbitrary or capricious and preceded by: 1. The faithful execution of the evaluation procedure and the honoring of all teachers' rights included in this Agreement and applicable statutes. 2. The forwarding of a written explanation for the action to the teacher and the Association. 3. A complete review of the teacher's personnel file with the teacher and his/her representative if requested by the teacher; and 4. If requested by the teacher, a hearing before the Board. 5. A possible hearing before the Board for non-probationary nurses. 6. Other than in cases of gross misconduct, letters of reprimand shall be removed three (3) years after being placed in the teacher's personnel file, unless the teacher has received subsequent discipline of a same or similar nature during the three (3) year period. This provision shall have no application to teacher performance evaluations. 7. Any document that is in a teacher’s file that is in dispute because of a pending grievance, arbitration, unfair labor practice, or litigation shall not be sent with a FOIA request. The document shall be set aside in a separate confidential file until there is a settlement to the dispute. 8. In accordance with the Employees Right to Know Xxx, XX000, a teacher may place a rebuttal to any document placed in his/her file without a time limitation. 9. The discharge of a probationary teacher during the first and second year of probationary status shall not be subject to arbitration (Step 4) of the grievance procedure.

Discharge and Demotion. Discharge and demotion shall be made only for a reason that is not arbitrary or capricious and preceded by: 1. The faithful execution of the evaluation procedure and the honoring of all teachers' rights included in this Agreement and applicable statutes. 2. The forwarding of a written explanation for the action to the teacher and the Association. 3. A complete review of the teacher's personnel file with the teacher and his/her representative if requested by the teacher; and 4. If requested by the teacher, a hearing before the Board. 5. A possible hearing before the Board for non-probationary nurses. 6. Other than in cases of gross misconduct, letters of reprimand shall be removed three (3) years after being placed in the teacher's personnel file, unless the teacher has received subsequent discipline of a same or similar nature during the three (3) year period. This provision shall have no application to teacher performance evaluations. 7. Any document that is in a teacher’s file that is in dispute because of a pending grievance, arbitration, unfair labor practice, or litigation shall not be sent with a FOIA request. The document shall be set aside in a separate confidential file until there is a settlement to the dispute. 8. In accordance with the Employees Right to Know XxxAct, XX000PA397, a teacher may place a rebuttal to any document placed in his/her file without a time limitation. 9. The discharge of a probationary teacher during the first and second year of probationary status shall not be subject to arbitration (Step 4) of the grievance procedure.