Common use of Disciplinary Action Clause in Contracts

Disciplinary Action. The parties recognize the authority of the Employer to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee for just cause. Allegations or other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignation.

Disciplinary Action. Section 1. The parties recognize University and Akron-AAUP agree that discipline for just cause, up to and including termination of a bargaining unit member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in the Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 12, dischargesupra. Section 2. When the University has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or take other appropriate written reprimand, it shall conduct an investigation pursuant to this Article. Section 3. If after such investigation the Xxxxxxx believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a bargaining unit faculty member for just cause. Allegations Engaging in conduct that constitutes just cause for discipline may lead to any one or other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing more of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice following types of disciplinary action: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. HoweverIn determining the level of disciplinary action to impose in any given situation, the Employer retains University shall take into account the option to reassign as part severity of the administration of discipline for just causeoffense, prior disciplinary action, the bargaining unit member's improvement since the last disciplinary action was taken, and the bargaining unit member's overall employment record. Section 4. Any performance evaluationPrior to imposing disciplinary action, formal counseling, other than an oral or written reprimand, the department chair, xxxx, or document the Xxxxxxx will meet with the bargaining unit faculty member to which discuss the charge(s) against the bargaining unit member, and provide the bargaining unit faculty member with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered opportunity to present his or given a copyher case. The parties agree that disciplinary action must following procedures will be supported by timely and accurate investigation. An employee followed: A. The bargaining unit faculty member shall be given the opportunity to give promptbe accompanied by an Akron-AAUP representative. B. At least ten (10) days prior to the meeting, fullthe University shall notify both the bargaining unit faculty member and the Akron-AAUP in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the bargaining unit faculty member and accurate answersthe Akron-AAUP with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. C. If the matter is not disposed of by mutual agreement at the meeting, the bargaining unit faculty member and the Akron-AAUP shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) days of the meeting, representation . Such statement will be signed by the administrator imposing discipline and initialed by the Xxxxxxx. D. If discipline is allowedimposed the University will disclose those identities which can be released legally. Section 5. In any investigatory interview A bargaining unit faculty member who disagrees with an employee where the employee disciplinary action that has been suspended (with or without pay) or transferred from imposed may seek recourse through the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken Grievance and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationArbitration Procedure.

Disciplinary Action. ‌ 1. The parties recognize University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in this Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, dischargethe following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or take anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The Xxxxxxx shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the Xxxxxxx’x office. 2. When the Xxxxxxx has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other appropriate than an oral or written reprimand, the Xxxxxxx (or designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the Xxxxxxx believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a BUFM for just cause. Allegations or other assertions Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the following types of failure of proper employee conduct or performance are not chargesdiscipline: oral reprimand, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged written reprimand, suspension with a violation of any obligationpay, rule, regulationsuspension without pay, or policytermination of employment. In determining the level of disciplinary action to impose in any given situation, the employee University shall be notified in writing take into account the severity of the claimed violation and offense, prior disciplinary penalty therefore. Any employee who alleges that action, the BUFM’s improvement since the last disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same levelwas taken, and work location if feasiblethe BUFM’s overall employment record. 3.1. With the exception of termination and suspension without pay, incidental any discipline shall not affect a BUFM’s continuation of benefits. In cases where suspension without pay is thirty (30) or more calendar days, members may make arrangements with the Office of Human Resources to a disciplinary action upheld or not appealed pay their portion of medical insurance, life insurance, and other benefits, with the exception of retirement. In cases of suspension without pay, retirement benefits shall not be prohibited accrued or appealablepaid. 3.2. With the exception of termination or suspension without pay, provided the possibility any discipline shall not affect a BUFM’s continuation of such reassignment was stated base salary. 4. Prior to the employee in the notice of imposing disciplinary action. However, other than an oral or written reprimand, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluationChair/Director, formal counseling, reprimandXxxx, or document the Xxxxxxx shall meet with the BUFM to which discuss the charge(s) against the BUFM, and provide the BUFM with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given opportunity to present a copycase. The parties agree that disciplinary action must following procedures shall be supported by timely and accurate investigationfollowed: 4.1. An employee The BUFM shall be given the opportunity to give promptbe accompanied by a BGSU-FA representative. 4.2. At least ten (10) business days prior to the meeting, fullthe University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and accurate answersthe BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) business days of the meeting, representation . Such statement shall be signed by the administrator imposing discipline and initialed by the Xxxxxxx. 4.4. If discipline is allowedimposed the University shall disclose those identities which can be released legally. 5. In any investigatory interview A BUFM who disagrees with an employee where the employee disciplinary action that has been suspended imposed may seek recourse through the Grievance and Arbitration Procedure (with or without pay) or transferred from the employee’s regular job assignmentArticle 13); provided, however, if termination results in revocation of tenure, the employee shall have BUFM may, prior to initiating the right grievance process, appeal directly to Union representationthe President. Nothing in this Article shall prohibit the Employer from The appeal must be submitted within ten (10) business days of the imposition of an emergency disciplinary suspension and/or removal termination, and the President must respond within ten (10) business days of an employee from receiving the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign timelines for the copy of this letter, if presented personally, or grievance process are tolled until the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationPresident’s response.

Disciplinary Action. 1. The parties recognize University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in this Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, dischargethe following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or take anonymous allegations. 1.3. In the event evidence absolves the accused Bargaining Unit Faculty Member, the University shall make a written record of that determination. 1.4. The Xxxxxxx/VPAA shall be the custodian of Bargaining Unit Faculty Members’ personnel files, and such files shall be kept in the Xxxxxxx/VPAA’s office. 2. When the Xxxxxxx/VPAA has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other appropriate than an oral or written reprimand, the Xxxxxxx/VPAA (or the Xxxxxxx/VPAA’s designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the Xxxxxxx/VPAA believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a Bargaining Unit Faculty Member for just cause. Allegations or other assertions Engaging in conduct that constitutes just cause for discipline may lead to any of failure the following types of proper employee conduct or performance are not chargesdisciplinary action: oral reprimand, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged written reprimand, suspension with a violation of any obligationpay, rule, regulationsuspension without pay, or policytermination of employment. In determining the level of disciplinary action to impose in any given situation, the employee University shall be notified in writing take into account the severity of the claimed violation and offense, prior disciplinary penalty therefore. Any employee who alleges that action, the Bargaining Unit Faculty Member’s improvement since the last disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same levelwas taken, and work location if feasiblethe Bargaining Unit Faculty Member’s overall employment record. 3.1. With the exception of termination and suspension without pay, incidental any discipline shall not affect a Bargaining Unit Faculty Member’s continuation of benefits. In cases where suspension without pay is 30 or more days, members may make arrangements with the Office of Human Resources to a disciplinary action upheld or not appealed pay their portion of medical insurance, life insurance, and other benefits, with the exception of retirement. In cases of suspension without pay, retirement benefits shall not be prohibited accrued or appealablepaid. 3.2. With the exception of termination or suspension without pay, provided the possibility any discipline shall not affect a Bargaining Unit Faculty Member’s continuation of such reassignment was stated salary. 4. Prior to the employee in the notice of imposing disciplinary action. However, other than an oral or written reprimand, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluationDepartment Chair, formal counselingSchool Director, reprimandXxxx, or document the Xxxxxxx/VPAA will meet with the Bargaining Unit Faculty Member to which discuss the charge(s) against the Bargaining Unit Faculty Member, and provide the Bargaining Unit Faculty Member with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered opportunity to present his or given a copyher case. The parties agree that disciplinary action must following procedures will be supported by timely and accurate investigationfollowed: 4.1. An employee The Bargaining Unit Faculty Member shall be given the opportunity to give promptbe accompanied by a BGSU-FA representative. 4.2. At least ten (10) days prior to the meeting, fullthe University shall notify both the Bargaining Unit Faculty Member and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the Bargaining Unit Faculty Member and accurate answersthe BGSU-FA with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the Bargaining Unit Faculty Member and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) days of the meeting, representation . Such statement will be signed by the administrator imposing discipline and initialed by the Xxxxxxx/VPAA. 4.4. If discipline is allowedimposed the University will disclose those identities which can be released legally. 5. In any investigatory interview A Bargaining Unit Faculty Member who disagrees with an employee where the employee disciplinary action that has been suspended imposed may seek recourse through the Grievance and Arbitration Procedure (with or without pay) or transferred from the employee’s regular job assignmentArticle 13); provided, however, if termination results in revocation of tenure, the employee shall have Bargaining Unit Faculty Member may, prior to initiating the right grievance process, appeal directly to Union representationthe President. Nothing in this Article shall prohibit the Employer from The appeal must be submitted within ten (10) days of the imposition of an emergency disciplinary suspension and/or removal termination, and the President must respond within ten (10) days of an employee from receiving the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign timelines for the copy of this letter, if presented personally, or grievance process are tolled until the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationPresident’s response.

Disciplinary Action. The parties recognize the authority of the Employer to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee for a. No Employee will be disciplined without just cause. Allegations In the event any degree of disciplinary action (excluding verbal warnings) is taken against an Employee, such action shall be clearly stated on a Disciplinary Action Notice. When such a notice is concerned with defective work, the Employee will be shown the work if it is still available in the plant. b. The Employee may sign the notice to acknowledge receipt and may write any remarks concerning the notice in the space provided. c. If the Employee denies the details of infraction and wishes to have a hearing, he must follow the Grievance Procedure. d. A xxxxxxx (if one is available) shall be present when the notice is delivered and shall sign it to record his presence. The department head or supervisor initi- ating the disciplinary action shall also be present if at all possible. e. A copy of the notice shall be delivered personally to the Employee on Company property. f. If the Employee is absent from the plant, he will be notified by letter to his last known address and a copy will be sent to the Business Representative of the Union. g. In other assertions than discharge cases, copies of failure Disciplinary Action Notices will be forwarded to the Business Representative at least once weekly and shall be accompanied by a letter of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation transmittal identifying the notices by the Employernumbers appearing thereon. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policyIn discharge cases, the employee copy of the notice will be sent to the Business Representative within 72 hours. h. When a Disciplinary Action Notice is with- drawn, all Company copies shall be notified given to the Employee involved for destruction in writing the presence of a xxxxxxx within 10 working days. The Business Representative of the claimed violation Union shall be notified. i. In the event the disciplinary action to be taken against an Employee involves possible discharge, before final action is taken, the Employee shall first be suspended until such time as a meeting can be held between the Company and the appropriate Union representative who shall be the Union Unit Chairperson or his alternate and/or the Business Representative. If the Company decision does not then result in either discharge or some other form of disciplinary penalty thereforeaction, the Employee will be returned to work, made whole for any actual loss in earnings, and the Disciplinary Action Notice that suspended the employee for that discharge hearing will be removed from his record. Any employee who alleges that The parties will strive to hold Discharge Hearings within 7 working days. j. Whenever disciplinary action is not based upon just cause may appeal such being taken against an Employee where the action in accordance with Article 9involved the Employee’s previous record, Grievance Procedure. Reassignment of an employee at Disciplinary Action Notices dated 5 years or more previous to the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall will not be prohibited or appealable, provided the possibility of such reassignment was stated considered. It is understood there is one exception to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign this rule: Any Disciplinary Action Notice which is concerned with any “wildcat strike” activity will at any time be considered as part of the administration Employee’s record. k. A Disciplinary Action Notice concerning work- xxxxxxx (other than those involving suspensions or final warnings) shall be considered void if the Employee has no further written disciplinary action during 1 year of discipline for just causeactive employment thereafter. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement oral warnings assessed for disciplinary purposes shall not be part of removed if the employee’s official record until the employee Employee has been offered or given a copy. The parties agree that no further disciplinary action must be supported by timely and accurate investigation. An employee within (3) months from the date of issuance. l. No Employee with 2 years or more of service shall be given disciplined for wrong information on the opportunity to give prompteducation- al portion of his employment application blank. m. If the discipline of an Employee for a safety infrac- tion includes a suspension, full, and accurate answers, to the extent possible, to questions put to him/her any time lost by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have Employee as a bearing upon the employee’s fitness, availability, or performance result of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative an injury will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred deducted from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignation.

Disciplinary Action. 1. The parties recognize University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in this Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, dischargethe following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or take anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The Xxxxxxx shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the Xxxxxxx’x office. 2. When the Xxxxxxx has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other appropriate than an oral or written reprimand, the Xxxxxxx (or the Xxxxxxx’x designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the Xxxxxxx believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a BUFM for just cause. Allegations or other assertions Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the following types of failure of proper employee conduct or performance are not chargesdiscipline: oral reprimand, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged written reprimand, suspension with a violation of any obligationpay, rule, regulationsuspension without pay, or policytermination of employment. In determining the level of disciplinary action to impose in any given situation, the employee University shall be notified in writing take into account the severity of the claimed violation and offense, prior disciplinary penalty therefore. Any employee who alleges that action, the BUFM’s improvement since the last disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same levelwas taken, and work location if feasiblethe BUFM’s overall employment record. 3.1. With the exception of termination and suspension without pay, incidental any discipline shall not affect a BUFM’s continuation of benefits. In cases where suspension without pay is thirty (30) or more calendar days, members may make arrangements with the Office of Human Resources to a disciplinary action upheld or not appealed pay their portion of medical insurance, life insurance, and other benefits, with the exception of retirement. In cases of suspension without pay, retirement benefits shall not be prohibited accrued or appealablepaid. 3.2. With the exception of termination or suspension without pay, provided the possibility any discipline shall not affect a BUFM’s continuation of such reassignment was stated base salary. 4. Prior to the employee in the notice of imposing disciplinary action. However, other than an oral or written reprimand, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluationChair/Director, formal counseling, reprimandXxxx, or document the Xxxxxxx/ shall meet with the BUFM to which discuss the charge(s) against the BUFM, and provide the BUFM with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered opportunity to present his or given a copyher case. The parties agree that disciplinary action must following procedures shall be supported by timely and accurate investigationfollowed: 4.1. An employee The BUFM shall be given the opportunity to give promptbe accompanied by a BGSU-FA representative. 4.2. At least ten (10) business days prior to the meeting, fullthe University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and accurate answersthe BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) business days of the meeting, representation . Such statement shall be signed by the administrator imposing discipline and initialed by the Xxxxxxx. 4.4. If discipline is allowedimposed the University shall disclose those identities which can be released legally. 5. In any investigatory interview A BUFM who disagrees with an employee where the employee disciplinary action that has been suspended imposed may seek recourse through the Grievance and Arbitration Procedure (with or without pay) or transferred from the employee’s regular job assignmentArticle 13); provided, however, if termination results in revocation of tenure, the employee shall have BUFM may, prior to initiating the right grievance process, appeal directly to Union representationthe President. Nothing in this Article shall prohibit the Employer from The appeal must be submitted within ten (10) business days of the imposition of an emergency disciplinary suspension and/or removal termination, and the President must respond within ten (10) business days of an employee from receiving the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign timelines for the copy of this letter, if presented personally, or grievance process are tolled until the letter shall be sent to the employee by certified mail, return receipt requestedPresident’s response. 1. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignation.Definitions

Disciplinary Action. 5.01 The parties recognize the authority of the Employer to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee for just cause. Allegations or other assertions of failure of proper employee conduct or performance are not charges, but constitute following procedure will apply when a basis for appropriate investigation by the Employer. Whenever an seniority employee is formally charged with to be given a violation of any obligationwritten reprimand, rulesuspension or discharge: (A) When the Company believes an offense has been committed that warrants a written reprimand, regulation, suspension or policytermination, the employee shall with a Union representative will be notified interviewed in writing an office and advised of the claimed violation alleged offense within two (2) working days of the Company becoming aware of the infraction. This time limit will not apply in cases of absenteeism. (B) Following a full investigation by both parties, to be completed within two (2) days of the employee being advised of the offense, unless a longer period is needed and disciplinary mutually agreed upon, the employee and the Union will be advised of the penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause to be imposed. (C) When the union disagrees with the penalty stated above, a meeting may appeal such action in accordance be requested with Article 9the employee, Grievance Procedure. Reassignment of an employee at the same levelchairperson or their designate, and work location if feasible, incidental the Manager of Human Resources or their designate to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated held prior to the employee in losing time because of the notice penalty to be imposed, to attempt to mitigate the discipline. After consideration of disciplinary action. Howeverthe Union’s position, the Employer retains Company will impose the option disciplinary action they believe is appropriate under the circumstances. It is understood that Article (c) may not apply to reassign as part written reprimands. (D) If after Step (c) the Union still feels the issue has not been properly addressed, it shall be dealt with at Step 3 of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement grievance procedure. (A) Article 5.01 shall not apply when the alleged violation (B) In such cases, the Company may immediately remove such employee from the premises. (A) The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee (A) A copy of all disciplinary notations will be given to the employee (including probationary employees) and the Union and such notice will become part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employeepersonnel record. If an employee is to be represented at has had a scheduled meeting by an attorneydisciplinary notation placed on their record and has since the date of that placement, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of been employed for a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action twelve (12) active months without having further discipline notation placed on their record, it is understood that said discipline or any prior discipline shall not be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationused against them.

Disciplinary Action. The parties recognize 13.01 Discipline shall mean any disciplinary action taken by the authority Employer against an employee which results in: (a) written reprimand; (b) suspension; (c) discharge; (d) financial penalty. 13.02 No employee who has completed her probationary period shall be disciplined except for just cause. 13.03 Where an employee is disciplined, the Employer shall within ten (10) days of the disciplinary action, notify the employee in writing by registered mail or by personal service. If the employee requests the reasons in writing for such discipline, she shall be advised in writing of the reasons, and a copy of the letter shall be forwarded to the Local. (a) Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which she works during which time she shall continue to be paid. The Employer shall notify the employee of this action in writing and a copy of the letter shall be provided to the Union. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personnel file. (b) Whenever the Employer deems it necessary to discipline an employee, in a manner indicating that discharge may follow any repetition of the act complained of, or omission referred to, or if such employee fails to bring her work up to a required standard by a given date, the Employer shall within five (5) days thereafter give written particulars of such disciplinary action to the employee involved. The President of the Provincial Local will be informed of such disciplinary action. 13.05 Where an employee alleges that she has been disciplined in violation of clause 13.02, she may within ten (10) days of the date she was notified in writing or within twenty (20) days of the date of the disciplinary action, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement. For the purposes of a grievance alleging violation of clause 13.02 she shall lodge her grievance at the final level of the grievance procedure except in the case of reprimand in writingwhich case she shall lodge her grievance at the First Level. 13.06 Where it is determined that an employee has been disciplined in violation of Clause 13.02, suspendthat employee shall be immediately reinstated in her former position without loss of seniority or any other benefit which would have accrued to her if she had not been disciplined. One of the benefits which she shall not lose is her regular pay during the disciplinary period and it shall be paid to her at the end of the next complete pay period following her reinstatement. If such discipline consisted of a written reprimand, discharge, or take other appropriate disciplinary or corrective action against such letters shall be removed from the employee's personal file. 13.07 Nothing in this Article prevents the Employer from disciplining an employee for just causecause without prior notice and with payment only up to and including the last day worked. 13.08 The employer agrees not to introduce as evidence in an adjudication hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware fourteen (14) working days prior to the time of said hearing. 13.09 A record of disciplinary action shall be removed from the file of an employee after the expiration of a period of eighteen (18) months after the disciplinary action has been taken, providing no other instance of a similar infraction in respect of the employee has been recorded during that period. 13.10 Upon request, an employee shall be given an opportunity to read and make a copy of any document in her personal file relating to disciplinary action taken against her. Allegations or other assertions The Employee shall, if she so requests, be accompanied by a local representative if a local representative has previously been named for that work site. 13.11 Where a written reprimand is placed against the record of failure of proper employee conduct or performance are not chargesan employee, but constitute a basis for appropriate investigation one (1) copy shall be initialed by the employee as the Employer. Whenever 's receipt and shall be placed in the employee's personal file and the original shall be given to the employee. 13.12 Where a meeting is to be held with an employee is formally charged with a violation for the purpose of any obligation, rule, regulation, or policydisciplining that employee as per Article 13.01, the employee shall be notified in writing of advance so that she may have an opportunity to invite a Union representative to attend the claimed violation and disciplinary penalty thereforemeeting. Any employee who alleges It is understood that disciplinary action this article is not based upon intended to cover issues such as evaluation discussions. 13.13 Articles 13.01 to 13.12 do not apply to casual employees with less than 6 continuous months of service. Given the temporary, sporadic nature of employment for casual employees, the Employer may terminate the employment without just cause may appeal such action at any time. Further, in accordance with Article 9the Civil Service Act, Grievance Procedure. Reassignment of an employee a person who is appointed on a temporary or casual basis ceases to be employed at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part expiration of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, temporary or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationcasual employment.

Disciplinary Action. ‌ 1. The parties recognize University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in this Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, dischargethe following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or take anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The Xxxxxxx shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the Xxxxxxx’x office. 2. When the Xxxxxxx has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other appropriate than an oral or written reprimand, the Xxxxxxx (or designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the Xxxxxxx believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a BUFM for just cause. Allegations or other assertions Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the following types of failure of proper employee conduct or performance are not chargesdiscipline: oral reprimand, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged written reprimand, suspension with a violation of any obligationpay, rule, regulationsuspension without pay, or policytermination of employment. In determining the level of disciplinary action to impose in any given situation, the employee University shall be notified in writing take into account the severity of the claimed violation and offense, prior disciplinary penalty therefore. Any employee who alleges that action, the BUFM’s improvement since the last disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same levelwas taken, and work location if feasiblethe BUFM’s overall employment record. 3.1. With the exception of termination and suspension without pay, incidental any discipline shall not affect a BUFM’s continuation of benefits. In cases where suspension without pay is thirty (30) or more calendar days, members may make arrangements with the Office of Human Resources to a disciplinary action upheld or not appealed pay their portion of medical insurance, life insurance, and other benefits, with the exception of retirement. In cases of suspension without pay, retirement benefits shall not be prohibited accrued or appealablepaid. 3.2. With the exception of termination or suspension without pay, provided the possibility any discipline shall not affect a BUFM’s continuation of such reassignment was stated base salary. 4. Prior to the employee in the notice of imposing disciplinary action. However, other than an oral or written reprimand, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluationChair/Director, formal counseling, reprimandXxxx, or document the Xxxxxxx shall meet with the BUFM to which discuss the charge(s) against the BUFM and provide the BUFM with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given opportunity to present a copycase. The parties agree that disciplinary action must following procedures shall be supported by timely and accurate investigationfollowed: 4.1. An employee The BUFM shall be given the opportunity to give promptbe accompanied by a BGSU-FA representative. 4.2. At least ten (10) business days prior to the meeting, fullthe University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and accurate answersthe BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) business days of the meeting, representation . Such statement shall be signed by the administrator imposing discipline and initialed by the Xxxxxxx. 4.4. If discipline is allowedimposed the University shall disclose those identities which can be released legally. 5. In any investigatory interview A BUFM who disagrees with an employee where the employee disciplinary action that has been suspended imposed may seek recourse through the Grievance and Arbitration Procedure (with or without pay) or transferred from the employee’s regular job assignmentArticle 13); provided, however, if termination results in revocation of tenure, the employee shall have BUFM may, prior to initiating the right grievance process, appeal directly to Union representationthe President. Nothing in this Article shall prohibit the Employer from The appeal must be submitted within ten (10) business days of the imposition of an emergency disciplinary suspension and/or removal termination, and the President must respond within ten (10) business days of an employee from receiving the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign timelines for the copy of this letter, if presented personally, or grievance process are tolled until the letter shall be sent to the employee by certified mail, return receipt requestedPresident’s response. 1. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignation.Definitions‌

Disciplinary Action. Section 1. The parties recognize University and Akron-AAUP agree that discipline for just cause, up to and including termination of a bargaining unit member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in the Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 12, dischargesupra. Section 2. When the University has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or take other appropriate written reprimand, it shall conduct an investigation pursuant to this Article. Section 3. If after such investigation the Xxxxxxx believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a bargaining unit faculty member for just cause. Allegations Engaging in conduct that constitutes just cause for discipline may lead to any one or other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing more of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice following types of disciplinary action: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. HoweverIn determining the level of disciplinary action to impose in any given situation, the Employer retains University shall take into account the option to reassign as part severity of the administration of discipline for just causeoffense, prior disciplinary action, the bargaining unit member's improvement since the last disciplinary action was taken, and the bargaining unit member's overall employment record. Section 4. Any performance evaluationPrior to imposing disciplinary action, formal counseling, other than an oral or written reprimand, the department chair, xxxx, or document the Xxxxxxx will meet with the bargaining unit faculty member to which an employee is entitled under this Agreement shall not be part of discuss the employee’s official record until charge(s) against the employee has been offered or given a copy. bargaining unit member, and provide the A. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee bargaining unit faculty member shall be given the opportunity to give promptbe accompanied by an Akron-AAUP representative. B. At least ten (10) days prior to the meeting, fullthe University shall notify both the bargaining unit faculty member and the Akron-AAUP in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the bargaining unit faculty member and accurate answersthe Akron-AAUP with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. C. If the matter is not disposed of by mutual agreement at the meeting, the bargaining unit faculty member and the Akron-AAUP shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) days of the meeting, representation . Such statement will be signed by the administrator imposing discipline and initialed by the Xxxxxxx. D. If discipline is allowedimposed the University will disclose those identities which can be released legally. Section 5. In any investigatory interview A bargaining unit faculty member who disagrees with an employee where the employee disciplinary action that has been suspended imposed may seek recourse through the Grievance and Arbitration Procedure. Section 6. Bargaining unit members alleged to have violated the University of Akron’s Interim Gender-Based Misconduct and Title IX Policy & Protocol (with or without pay“Title IX Policy”) or transferred from located at xxxxx://xxx.xxxxxx.xxx/title-ix/docs/title-ix-policy.pdf shall be subject to the employee’s regular job assignmentapplicable provisions of the Title IX Policy and the Memorandum of Understanding Regarding the New Title IX Regulations (“Title IX MOU”). Conflicts between this Article 14 and the Title IX Policy, the employee Title IX MOU or the Title IX Regulations shall have the right to Union representation. Nothing be resolved in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment favor of the EmployerTitle IX Policy, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, MOU or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationRegulations.

Disciplinary Action. Section 1. The parties recognize Union recognizes the authority rights of the Employer City to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee with employees for just cause. Allegations Disciplinary action may include oral or other assertions written reprimands, loss of failure PTO, suspension, reduction of proper employee conduct or performance are not chargespay within the pay range, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulationdemotion, or policydismissal. Section 2. In cases of dismissal, the employee shall be notified in writing is entitled to payment of all wages due him or her with issuance of the claimed violation and disciplinary penalty thereforenext regular paycheck. Section 3. Any employee who alleges that disciplinary action is not based upon just cause Written reprimands may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to issued without a meeting between the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authorityinvolved. If disciplinary action is implemented, it should be implemented within forty-five (45) days of the date the supervisor becomes aware of the precipitating incident or within forty-five (45) days after the investigation is substantially completed. A copy of all disciplinary action will be sent to the Local Union President and Union Xxxxxxx, unless the employee makes a written request to the contrary. Section 4. Records of reprimands (oral/written) will not taken be considered for purposes of applying progressive discipline after a period of two (2) years from the date of the offense provided no other disciplinary actions have been issued within those years. All other disciplinary actions shall cease to be considered for purposes of applying progressive discipline after four (4) years provided no other disciplinary action greater than an oral reprimand has been sustained against an the employee in that four (4) year period. Section 5. Employees are entitled to Union representation at any disciplinary action hearing. Section 6. No employee shall be disciplined (except for oral and written reprimands) without a hearing by the head of their department or division, unless the employee specifically waives the hearing in writing. Notice of the hearing, charges and reasons for the hearing will be given to the employee, Local Union President and Staff Representative at least three (3) working days prior to the hearing. Upon request of the Union, the City shall provide any documentation that the City intends to present at the hearing. It is the responsibility of the City to advise the employee of his or her rights of representation before the date of the hearing. A failure of the City to advise the employee of his or her right to a representative shall allow the employee to reschedule the hearing within five (5) working days without loss of pay, until such time that notice of the seven (7) daysright to representation is given. In special cases, the employee may be suspended pending a hearing, but such hearing shall receive full pay and benefits for be held within five (5) working days of the period of temporary suspension. Formal notification A response to the hearing will be provided to the employee and Union President within ten (10) working days. If more time is needed for a response to the hearing, such notice will be given to the Local Union President and Union Staff Representative. Section 7. Appeals of disciplinary action shall be in limited exclusively to the form of a letter or form spelling out charges grievance and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy arbitration provisions of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationAgreement.

Disciplinary Action. A. The parties recognize Board may take progressive disciplinary action against any bargaining unit member for violations of, or failure to comply with, any provisions of this contract or any rules and regulations adopted by the authority Board, or other good and just cause. B. In any meeting between a Bargaining Unit Member and a representative of the Employer Board at which discipline of that bargaining unit member is to be announced, an Association representative may, at the bargaining unit member’s request be present. C. The term "discipline," as used in this article, shall include dismissals and suspension for cause or written reprimands to be recorded in the personnel file of any bargaining unit member when such reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee for just cause. Allegations or other assertions of failure of proper employee conduct or performance are not charges, but constitute may be considered as a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing of the claimed violation and future disciplinary penalty therefore. Any employee who alleges that action. D. Procedures - Normal progressive disciplinary action will take the following steps: 1. Conference between the bargaining unit member and the appropriate administrator. This is not based upon just cause may appeal such a verbal warning with no action in accordance with Article 9taken. A general record, Grievance Procedure. Reassignment consisting of an employee at the same leveldate, time and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility general topic of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with maintained in the employee at which bargaining unit member’s personnel file. 2. Conference between the employee bargaining unit member and the appropriate administrator. At this step a written reprimand shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting provided to the extent possiblebargaining unit member, who will initial and date it. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall This does not indicate that the employee necessarily bargaining unit member agrees therewithwith the reprimand, only that it has been inspected by the bargaining unit member. The appropriate administrator shall date and initial the reprimand and place it in the bargaining unit member’s personnel file. 3. Conference between the bargaining unit member, appropriate administrator, and Superintendent. At this step, the Superintendent may suspend a bargaining unit member for up to ten (10) school days without pay. The outcome of this conference will be documented and provided to the bargaining unit member, who will initial and date it. This does not indicate that the bargaining unit member agrees with the documented outcome, only that it has been inspected by the bargaining unit member. The appropriate administrator shall so state on date and initial the formdocumented outcome and place it in the bargaining unit member’s personnel file. If suspension occurs, upon the employee refuses to signrequest of the bargaining unit member, the supervisor will write “Employee refused to sign” and sign his/her own name with Board of Education shall review the date. A witness signature should be obtained under this circumstance. An employee shall be entitled decision. E. It is understood that serious disciplinary matters may result in the issuance of written reprimands and/or suspension as well as termination without first following Step 1, Step 2, or Step 3 of paragraph D above. F. Disciplinary action, except for termination, is subject to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview grievance procedure as set forth in this Contract. Any termination is subject to section 3319.16 of the employee by Ohio Revised Code. Minor unrelated disciplinary matters that would result in a verbal warning under subsection 1 above shall not be utilized to advance progressive discipline if such matters occurred more than one year after the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If last disciplinary action is and shall not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification be utilized to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right advance progressive discipline to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required termination under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationsubsection F below.

Disciplinary Action. The parties recognize the authority of the Employer to reprimand 15.01 No bargaining unit member shall be reduced in writingpay or position, suspend, discharge, suspended. removed. or take other appropriate disciplinary or corrective action against an employee reprimanded except for just cause. Allegations The principles of progressive disciplinary action will be followed with respect to minor offenses. The progression. where appropriate, may include an oral reprimand, a written reprimand. and a suspension. 15.02 At any time, an inquiry concerning a bargaining unit member occurs wherein disciplinary action of record (reprimand of record, suspension, reduction or other assertions of failure of proper employee conduct removal) will or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policymay result, the employee shall member will be immediately notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action such result is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature right to confer with a representative from the OPBA. 15.03 Prior to all disciplinary hearings, the member will receive from the Employer a written statement of all charges and specifications. At the hearing, the charged bargaining unit member will be allowed to present his defense. 15.04 The Employer will notify the affected member of any changes or of any decision reached as a result of a departmental hearing prior to any public statement. 15.05 The Union on behalf of all the employees covered by this Agreement and on its own behalf, hereby waives any and all rights previously possessed by such employees to a Safety Director's Inquiry or to appeal any form of disciplinary action (i.e., suspensions, demotion or discharge) to any Civil Service Commission. 15.06 Every member shall be allowed to review his personnel file at any reasonable time upon written request to the Chief of Police, and in the presence of the charges against him/her and the reasons Chief of Police or his designated representative. If, upon examining his personnel file, any bargaining unit member has reason to believe that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting there are inaccuracies in documents contained therein, he may write a memorandum to the extent possibleSafety Director explaining the alleged inaccuracy. Response If the Safety Director concurs with the member's contentions, he shall either remove the faulty document or attach the member's memorandum to the document in the file and note thereon his concurrence with the memorandum's contents. If he does not concur with the contentions of the employeemember, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by he will attach the Employer. The employee shall have the right to make a written response memorandum to the results of document in the disciplinary conference which shall become a part of file without comment. 15.07 Prior to any discipline involving time off being imposed, the employee’s file. The employee shall be given and sign for a copy the opportunity to appeal through Step 3 of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview Grievance Procedure contained in Article 34 of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationAgreement.

Disciplinary Action. The parties recognize the authority of the Employer to reprimand 15.01 No bargaining unit member shall be reduced in writingpay or pos1t1on, suspend, dischargesuspended. removed, or take other appropriate disciplinary or corrective action against an employee reprimanded except for just cause. Allegations The principles of progressive disciplinary action will be followed with respect to minor offenses. The progression, where appropriate. may include an oral reprimand, a written reprimand, and a suspension. 15.02 At any time an inquiry concerning a bargaining unit member occurs wherein disciplinary action of record (reprimand of record, suspension, reduction or other assertions removal) will or may result, the member will be immediately notified that such result is possible. The 15.03 Prior to all disciplinary hearings, the member will receive from the Employer a written statement of failure of proper employee conduct or performance are not chargesall charges and specifications. At the hearing, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation bargaining unit member will be allowed to present his defense. 15.04 The Employer will notify the affected member of any obligationchanges or of any decision reached as a result of a departmental hearing prior to any public statement. 15.05 The Union on behalf of all the employees covered by this Agreement and on its own behalf, rulehereby waives any and all rights previously possessed by such employees to a Safety Director's Inquiry or to appeal any form of disciplinary action (i.e., regulationsuspensions, demotion or policydischarge) to any Civil Service Commission. 15.06 Every member shall be allowed to review his personnel file at any reasonable time upon written request to the Chief of Police, and in the presence of the Chief of Police or his designated representative. If, upon examining his personnel file, any bargaining unit member has reason to believe that there are inaccuracies in documents contained therein, he may write a memorandum to the Safety Director explaining the alleged inaccuracy. If the Safety Director concurs with the member's contentions, he shall either remove the faulty document or attach the member's memorandum to the document in the file and note thereon his concurrence with the memorandum's contents. If he does not concur with the contentions of the member, he will attach the written memorandum to the document in the file without comment. 15.07 Prior to any discipline involving time off being imposed, the employee shall be notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed appeal through Step 3 of the nature Grievance Procedure contained in Article 34 of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationAgreement.

Disciplinary Action. Section 1. The parties recognize University Administration and Akron-AAUP agree that discipline for just cause, up to and including termination of a bargaining unit member, may be necessary from time to time. Section 2. When the authority University Administration has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall conduct an investigation. Section 3. If after investigation the Senior Vice-President and Xxxxxxx of the Employer to reprimand in writingUniversity believes disciplinary action is warranted, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee discipline may be imposed on a bargaining unit faculty member for just cause. Allegations Engaging in conduct that constitutes just cause for discipline may lead to any one or other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing more of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice following types of disciplinary action: oral reprimand, written reprimand, suspension with pay, suspension without pay, Section 4. HoweverPrior to imposing disciplinary action, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluationdepartment chair, formal counseling, reprimandxxxx, or document the Senior Vice-President and Xxxxxxx will meet with the bargaining unit faculty member to which discuss the charge(s) against the bargaining unit member, and provide the bargaining unit faculty member with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered opportunity to present his or given a copyher case. The parties agree that disciplinary action must following procedures will be supported by timely and accurate investigation. An employee followed: A. The bargaining unit faculty member shall be given the opportunity to give promptbe accompanied by an Akron-AAUP representative. B. At least ten (10) days prior to the meeting, fullthe University Administration shall notify both the bargaining unit faculty member and the Akron-AAUP in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University Administration shall provide the bargaining unit faculty member and accurate answersthe Akron-AAUP with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. C. If the matter is not disposed of by mutual agreement at the meeting, the bargaining unit faculty member and the Akron-AAUP shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) days of the meeting, representation . Such statement will be signed by the administrator imposing discipline and initialed by the Senior Vice-President and Xxxxxxx. D. If discipline is allowedimposed the University will disclose those identities which can be released legally. Section 5. In any investigatory interview A bargaining unit faculty member who disagrees with an employee where the employee disciplinary action that has been suspended (with or without pay) or transferred from imposed may seek recourse through the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken Grievance and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationArbitration Procedure.

Disciplinary Action. The parties recognize the authority of the Employer to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee for just cause. Allegations or other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. The Employer shall provide a copy of the investigatory questions to the Union at the start of the conference. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignation.

Disciplinary Action. The parties recognize the authority of the Employer to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective 30.1 Disciplinary action against may be imposed upon an employee for failing to fulfill his or her responsibilities as an employee. The authority issuing the disciplinary action must make a sincere attempt to notify the employee privately and advise them of union representation. If the immediate supervisor has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Employer shall not discharge any employee without just cause. Allegations or Except where violence and/or the health and safety of other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall employees may be notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. Howeverinvolved, the Employer retains shall give the option to reassign as part Union notice of discharge of an employee. If discharged, the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not grievance procedure may be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representationinvoked. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make take up the suspension and/or discharge as a written response grievance procedure, and the matter shall be handled in accordance with this procedure, including arbitration. Discipline of an employee shall only be imposed for good and just cause, and in accordance with applicable laws. Any employee subjected to a major disciplinary action shall be afforded a disciplinary hearing. At the employee's discretion, the Union will be present at any such hearing. Minor disciplinary actions can be appealed using the Grievance procedure. The designated Union Representative shall have reasonable and prompt access and copies thereof, of all information relevant to the results representation of the disciplinary conference which shall become a part employee being disciplined. Written notice of the employee’s file. The employee Minor or Major Disciplinary Actions shall be given to the employee, the local union president, and sign for District Council #71. Notice shall contain charge(s) and specifications, a copy general description of the written notice alleged acts and/or conduct upon which the charge(s) is based and the nature of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplateddiscipline. The employee’s signature indicates only that the name of any employee received a copywho is notified of suspension, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses or dismissed pursuant to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee article shall be entitled transmitted to the union immediately but not later than forty-eight (48) hours after such notice. Discipline shall normally be imposed in the following manner: 1. Oral Warning - issued by the Manager or Assistant Manager to an employee in the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationunion representative.

Disciplinary Action. The parties recognize the authority of the Employer to reprimand in writing5.01 No employee shall be disciplined, suspendand except for newly hired probationary employees, discharge, no employee shall be discharged or take other appropriate disciplinary or corrective action against an employee removed except for just cause. Allegations or other assertions of failure of proper employee conduct or performance are not charges, but constitute a basis When just cause for appropriate investigation by the Employer. Whenever imposing disciplinary action upon an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of such reassignment was stated to the employee in the notice of disciplinary action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be given the opportunity to give prompt, full, and accurate answers, to the extent possible, to questions put to him/her determined by the Employer concerning to exist such action will be imposed, whenever practicable, in such a manner as to avoid embarrassing the employee before other employees or the public. 5.02 Disciplinary actions or measures may include, in order of severity, but are not limited to, any matter regulated by of the following: A. Cautionary Warning B. Written Reprimand C. Suspension D. Demotion E. Discharge A. Cautionary warnings or oral reprimands may be given to employees without prior notification, and a record of such reprimands may be entered in the employee's personnel file. B. All employees who may be subject to any disciplinary action more severe than a cautionary warning or written reprimand, whether continuing to work or suspended pending disciplinary action, will be given a written notice of the Employer, related 's intent to conduct or performance, or discipline and will be afforded a hearing (at which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference he shall be held with entitled, other than at the Employer's expense, to representation of his choice) before a management representative who is not involved in any of the events upon which the intent to discipline is based. C. The notice of intent required by this Section shall advise the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges charge(s) against him/her and her, the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will levels of discipline which may be fully and accurately answered at such meeting to the extent possible. Response of the employeeincurred if they are sustained, including his/her own explanation right to a disciplinary hearing upon those charges, his/her right to representation of an incident if not previously obtained, or mitigating circumstances, shall be received by his choice other than at the Employer. The employee shall have 's expense, and the right to make a written response to the results date, time, and location of the disciplinary conference hearing to be afforded him, which shall become a part of the employee’s file. The employee date and time shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (with or without pay) or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of an emergency disciplinary suspension and/or removal of an employee from the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign for the copy of this letter, if presented personally, or the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the least twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignation.four

Disciplinary Action. 1. The parties recognize University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the authority case of an oral or written reprimand, such discipline shall not be subject to the Employer formal process set forth in this Article, but shall be subject to reprimand less formal due process, and, in writingany event, suspendall discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, dischargethe following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or take anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The Xxxxxxx shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the Xxxxxxx’x office. 2. When the Xxxxxxx has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other appropriate than an oral or written reprimand, the Xxxxxxx (or the Xxxxxxx’x designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the Xxxxxxx believes disciplinary or corrective action against an employee is warranted, discipline may be imposed on a BUFM for just cause. Allegations or other assertions Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the following types of failure of proper employee conduct or performance are not chargesdiscipline: oral reprimand, but constitute a basis for appropriate investigation by the Employer. Whenever an employee is formally charged written reprimand, suspension with a violation of any obligationpay, rule, regulationsuspension without pay, or policytermination of employment. In determining the level of disciplinary action to impose in any given situation, the employee University shall be notified in writing take into account the severity of the claimed violation and offense, prior disciplinary penalty therefore. Any employee who alleges that action, the BUFM’s improvement since the last disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same levelwas taken, and work location if feasiblethe BUFM’s overall employment record. 3.1. With the exception of termination and suspension without pay, incidental any discipline shall not affect a BUFM’s continuation of benefits. In cases where suspension without pay is thirty (30) or more calendar days, members may make arrangements with the Office of Human Resources to a disciplinary action upheld or not appealed pay their portion of medical insurance, life insurance, and other benefits, with the exception of retirement. In cases of suspension without pay, retirement benefits shall not be prohibited accrued or appealablepaid. 3.2. With the exception of termination or suspension without pay, provided the possibility any discipline shall not affect a BUFM’s continuation of such reassignment was stated base salary. 4. Prior to the employee in the notice of imposing disciplinary action. However, other than an oral or written reprimand, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluationChair/Director, formal counseling, reprimandXxxx, or document the Xxxxxxx/ shall meet with the BUFM to which discuss the charge(s) against the BUFM, and provide the BUFM with an employee is entitled under this Agreement shall not be part of the employee’s official record until the employee has been offered opportunity to present his or given a copyher case. The parties agree that disciplinary action must following procedures shall be supported by timely and accurate investigationfollowed: 4.1. An employee The BUFM shall be given the opportunity to give promptbe accompanied by a BGSU-FA representative. 4.2. At least ten (10) business days prior to the meeting, fullthe University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and accurate answersthe BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtainedprovided, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the disciplinary conference which shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content within ten (10) business days of the meeting, representation . Such statement shall be signed by the administrator imposing discipline and initialed by the Xxxxxxx. 4.4. If discipline is allowedimposed the University shall disclose those identities which can be released legally. 5. In any investigatory interview A BUFM who disagrees with an employee where the employee disciplinary action that has been suspended imposed may seek recourse through the Grievance and Arbitration Procedure (with or without pay) or transferred from the employee’s regular job assignmentArticle 13); provided, however, if termination results in revocation of tenure, the employee shall have BUFM may, prior to initiating the right grievance process, appeal directly to Union representationthe President. Nothing in this Article shall prohibit the Employer from The appeal must be submitted within ten (10) business days of the imposition of an emergency disciplinary suspension and/or removal termination, and the President must respond within ten (10) business days of an employee from receiving the premises in cases where, in the judgment of the Employer, such action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be approved by the Appointing Authority. If disciplinary action is not taken against an employee within the seven (7) days, the employee shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the right to appeal. The employee must sign timelines for the copy of this letter, if presented personally, or grievance process are tolled until the letter shall be sent to the employee by certified mail, return receipt requested. If the employee has received and signed for a written letter of reprimand, no notice is required under this Article. Where a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he will be terminated in the absence of the resignationPresident’s response.