Common use of Disciplinary Provision Clause in Contracts

Disciplinary Provision. Section 1. The parties to this Agreement agree that, when warranted, the University has and retains the right to discipline FTNTT Faculty members in accordance with applicable University policy and expectations of employment, up to and including the termination of the employment relationship prior to the expiration date of the employment contract. A. The parties to this Agreement mutually recognize that, in many instances, the need to impose formal discipline as a matter of record or in a form that would occasion economic or material detriment to the faculty member can best be avoided by efforts at informal resolution of the matter of concern between the affected member of the bargaining unit and the responsible administrative officer. B. The parties to this Agreement agree that the University will not impose formal discipline except for just cause. C. The parties further agree that in any matter concerning the possible imposition of formal discipline, normally, the responsible administrative officer will notify the affected FTNTT Faculty member and the Association no less than five (5) working days before any discipline is imposed. In unusual instances where circumstances present a situation wherein the delaying of action could result in immediate harm to the University, the FTNTT Faculty member or a member of the University community, the Xxxxxxx may take immediate action by way of suspension with full salary and employee benefits provided the FTNTT Faculty member and the Association are first given notice of the impending action and an opportunity to respond. D. In all situations involving disciplinary action, whether immediate or in the normal course of this process, the affected FTNTT Faculty member may elect to consult with and/or be represented by an individual designated by the Unit President. Section 2. The parties to this Agreement mutually recognize that routine reviews of performance, informal suggestions on how to improve performance, the Full Performance Reviews and other performance reviews referenced in Article X, and annual decisions as to renewal or non-renewal of appointment are not disciplinary in nature and, therefore, are not subject to the provisions of this Article. Section 3. The parties to this Agreement also agree that, for a period of six (6) months from the effective date of the first appointment as a member of the bargaining unit, both the University and the FTNTT Faculty member have the right, at their respective sole discretion, to terminate the employment relationship prior to the expiration date of the employment contract by providing thirty (30) calendar days' advance notice of the intended action to the other party. Section 4. The parties to this Agreement agree that, if the University decides that formal disciplinary action is necessary, the questions of just cause and of the appropriateness of the imposed discipline may be tested under the appropriate section(s) of the Grievance Procedure described in Article VII of this Agreement.