Common use of Disciplinary Hearing Clause in Contracts

Disciplinary Hearing. If the administrator determines that progressive discipline is warranted, a disciplinary hearing shall be held, which shall follow any fact gathering meeting. The teacher shall be informed before the discipline hearing of the anticipated step on which he/she is being placed. 1. If the anticipated step is step 1 or 2, the teacher’s immediate supervisor or designee shall hold the disciplinary hearings. 2. If the anticipated step is step 3 or 4, either the Director of Human Resources or the Superintendent shall conduct disciplinary hearings. 3. If the anticipated step is step 5, the Superintendent shall conduct the disciplinary hearing. 4. At least two (2) workdays prior to the disciplinary hearings the teacher will receive written notice of the reasons for the hearing and the right to have up to two (2) B.E.A./OEA representatives of his/her choice at this hearing. If a representative(s) is requested, no disciplinary hearing shall occur unless the representative(s) is present. The parties shall work in good faith to schedule the meeting as soon as possible. The administrator conducting the hearing may invite district representative(s). The Director of Human Resources and Association President, will also receive a copy of the notice. If the teacher does not choose to have B.E.A. or OEA representatives at the disciplinary hearing, one (1) B.E.A. or OEA observer may attend the meeting. [See Attachment 11] 5. At this hearing the teacher shall have the right to face his/her accuser(s) and rebut the allegations. If the accuser(s) is a student(s), the student’s parents will be permitted to attend the hearing. 6. The failure to present rebuttal testimony or other evidence at a disciplinary hearing shall not be used against the teacher. 7. At the conclusion of this disciplinary hearing, if the administrator issues a verbal reprimand, that administrator shall notify the B.E. A. President and the Director of Human Resources on the appropriate form (Attachment 10) that a verbal reprimand has been issued. This form shall not be placed in the teacher’s personnel file; instead it will be placed in the administrative working file subject to the restrictions outlined in Section 14- G and Section 28-I. If the administrator issues a discipline other than a verbal reprimand, a copy will be placed in the teacher’s personnel file. 8. Following the conclusion of the hearing, if the District determines that discipline is warranted, the teacher shall be provided with specific written reasons for the discipline and the discipline step being imposed shall be stated. 9. Following the conclusion of the disciplinary hearing, if a suspension without pay is issued, the Superintendent has the authority to suspend a teacher without pay without Board action. 10. Following the conclusion of the disciplinary hearing, if termination is being recommended, then ORC 3319.16 shall apply.

Disciplinary Hearing. If (i) Composition of hearing committee: The hearing committee shall consist of two members of manage- ment and two members of the administrator determines workers committee (or managerial workers committee) as the case may be. Collective Bargaining Agreement: for the Textile Manufacturing Industry (ii) Where the E.C. decides that progressive discipline is warrantedthe alleged offender has a case to answer, the I.O. shall forward a disciplinary writ- ten report of the findings to a managerial employee (“the Presiding Officer –P.O.”) who shall notify the alleged offender within two working days, in writing, of the day, time and place where a hearing shall be held, which shall follow any fact gathering meetingconducted. The teacher P.O. shall also advise the alleged of- fender of his right, if he so wishes, to be informed before the discipline hearing of the anticipated step on which he/she is being placed. 1. If the anticipated step is step 1 or 2, the teacher’s immediate supervisor or designee shall hold the disciplinary hearings. 2. If the anticipated step is step 3 or 4, either the Director of Human Resources or the Superintendent shall conduct disciplinary hearings. 3. If the anticipated step is step 5, the Superintendent shall conduct the disciplinary hearing. 4. At least two (2) workdays prior to the disciplinary hearings the teacher will receive written notice of the reasons for represented at the hearing by a fellow employee of his choice and the right to have up bring in witnesses to two (2) B.E.A./OEA representatives of his/her choice at this support his case. The complainant in the case shall not be allowed to preside over the hearing. If a representative(s) is requested, no disciplinary The hearing shall occur unless be conducted within two working days in accordance with the representative(sfollowing procedure— (a) is present. The parties shall work in good faith to schedule inform the meeting as soon as possible. The administrator conducting the hearing may invite district representative(s). The Director of Human Resources and Association President, will also receive a copy employee of the notice. If the teacher does not choose to have B.E.A. or OEA representatives at the disciplinary hearing, onecharge against him in writing; (1b) B.E.A. invite the employee to admit or OEA observer may attend refute the meetingcharge; (c) if the charge is admitted, the P.O. shall proceed to implement the appropriate disciplinary action regarding the category of misconduct in terms and procedures of the Code of Conduct; (d) if the charge is refuted, the P.O. shall— (i) invite the employee to state his case; (ii) invite comments from his representatives and members of the workers committee; (iii) call in witnesses, one at a time; (iv) allow for cross-examination by both parties; (v) invite closing arguments; (vi) summarize and give the decision of the committee and complete the relevant form; (vii) inform the offender of his right of appeal against the decision and the procedure to be followed. [See Attachment 11]S.I. 99 of 2022 5. At this (e) at any hearing at least two members of the teacher workers committee (or managerial workers committee) shall be present and shall have the right to face his/her accuser(s) and rebut assess the allegations. If evidence presented before the accuser(s) is a student(s), the student’s parents will be permitted to attend the hearingcommittee. 6. The failure to present rebuttal testimony or other evidence at a disciplinary hearing shall not be used against the teacher. 7. At the conclusion of this disciplinary hearing, if the administrator issues a verbal reprimand, that administrator shall notify the B.E. A. President and the Director of Human Resources on the appropriate form (Attachment 10) that a verbal reprimand has been issued. This form shall not be placed in the teacher’s personnel file; instead it will be placed in the administrative working file subject to the restrictions outlined in Section 14- G and Section 28-I. If the administrator issues a discipline other than a verbal reprimand, a copy will be placed in the teacher’s personnel file. 8. Following the conclusion of the hearing, if the District determines that discipline is warranted, the teacher shall be provided with specific written reasons for the discipline and the discipline step being imposed shall be stated. 9. Following the conclusion of the disciplinary hearing, if a suspension without pay is issued, the Superintendent has the authority to suspend a teacher without pay without Board action. 10. Following the conclusion of the disciplinary hearing, if termination is being recommended, then ORC 3319.16 shall apply.