Common use of DISCIPLINE AND DISMISSAL FOR MISCONDUCT Clause in Contracts

DISCIPLINE AND DISMISSAL FOR MISCONDUCT. 1. The Board shall not discipline or dismiss any person bound by this Agreement save and except for just and reasonable cause. 2. A teacher who is under investigation for a disciplinary matter shall be informed in writing of the allegations and shall have the right to be accompanied by a representative of the Association at any meeting in connection therewith. 3. Where the Board investigates a potential disciplinary matter and, before meeting with the teacher concerned, decides not to proceed with disciplinary action, the Board shall inform the teacher of the information on which the investigation was based. At the teacher's request, the Superintendent or designate will meet with the teacher to discuss such information and receive any comments which the teacher makes. 4. The Board shall not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies) or dismiss any person bound by this Agreement unless it has, prior to considering such action, held a meeting of the Board with the employee entitled to be present, in respect of which: a. The teacher shall be informed in writing not less than 72 hours before the meeting of the reasons for the contemplated action and their right to be accompanied at the meeting by a representative of the Association. b. At such meeting, the teacher shall be informed of the nature of the allegations upon which the contemplated action is based and shall be given an opportunity to comment upon them, including submission of a written response. 5. Where an employee is suspended under Section 15(5), the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Association. 6. Not less than 72 hours prior to such a meeting the teacher shall be informed in writing of the reasons for the contemplated action and of the teacher's right to be accompanied at the meeting by a representative of the Association. 7. At such a meeting, the teacher and representative of the Association shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of Education, and; c. comment on the allegations, including submission of a written response. 8. Any discipline or dismissal of a teacher shall be communicated to the teacher and to the Association in writing and shall contain a statement of the grounds for the decision. 9. The Association shall have the option of referring a grievance regarding the dismissal of a teacher directly to arbitration provided for in the grievance article. 10. At an arbitration in respect of the discipline or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the teacher's attention at least 48 hours prior to the first day of the arbitration hearing. 11. Discipline or dismissal of a teacher shall not be set aside by an arbitrator on the basis of: a. a defect in form; b. a technical irregularity; or c. an error of procedure that does not result in a substantial departure from the process set out in this Article. 12. The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and therefore agrees as follows: a. Neither party shall release information to the media or the public in respect of the discipline or dismissal of a teacher, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of the teacher has occurred. The Association shall be notified of such disclosures.

DISCIPLINE AND DISMISSAL FOR MISCONDUCT. 1a. Where a teacher is under investigation by the Board for any cause, the teacher and the Association shall be advised in writing of that fact and of the allegations unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event the teacher shall be notified at the earliest reasonable time and before any action is taken by the Board. The Board shall not discipline or dismiss conduct any person bound by this Agreement save and except for just and reasonable cause. 2investigation without undue delay. A The teacher who is under investigation for a disciplinary matter shall be informed in writing of the allegations and shall have the right to be accompanied by a representative of the Association at any meeting in connection therewithwith such an investigation. 3. Where b. The Board, though it may discipline, shall neither suspend (unless the Board investigates a potential disciplinary matter and, before meeting with Superintendent of Schools is of the opinion that the welfare of the students is threatened by the presence of the teacher concerned, decides not to proceed with disciplinary action, the Board shall inform the teacher of the information on which the investigation was based. At and may suspend the teacher's request, the Superintendent or designate will meet with the teacher to discuss such information and receive any comments which the teacher makes. 4. The Board shall not discipline (other than a suspension to which pay under Section 15(5) 15.5 of the School Act reasonably applies) or Act), nor dismiss any person bound by this Agreement agreement unless it has, prior to considering such action, has held a meeting of the Board with the employee teacher entitled to be present, in respect of which: a. The i. the teacher and the Association shall be informed in writing not less than 72 given at least ninety-six (96) hours' notice (excluding weekends and statutory holidays) of the meeting; ii. at least seventy-two (72) hours, (excluding weekends and statutory holidays) prior to the meeting, held under Article C.24.4.b, both parties shall exchange all documents that will be considered at the meeting; iii. at least twenty-four (24) hours before prior to the meeting held under Article C.24.4.b, the teacher, or Association on behalf of the reasons for teacher, may file a written reply to the contemplated action and their right allegations prior to be accompanied the meeting; iv. at the meeting by a representative of the Association. b. At such meeting, the teacher shall be informed accompanied by representative(s) and/or advocate appointed by the Association, they shall be entitled to hear all of the nature information presented to the Board, to receive copies of all documents placed before the Board, to ask questions of clarification or procedure and information and to provide any information necessary to meet the case presented by Board Officials; v. the meeting referred to herein, may be waived by mutual agreement in writing; vi. the foregoing shall not be interpreted as preventing the Board from holding a meeting under Article C.24.4.b at which disciplinary action will be contemplated. c. Where a teacher is suspended, with pay, due to the Superintendent of Schools being of the allegations upon which opinion that the contemplated action welfare of the students is based and shall be given an opportunity to comment upon themthreatened by the presence of the teacher, including submission of a written response. 5. Where an employee is suspended under Section 15(5)15.5 of the School Act, the Board shall, prior to before taking further any disciplinary action under Section 15(7)15.7 of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such a meeting is waived by the AssociationAssociation in writing. 6. Not less than 72 hours prior d. Where the Board suspends a teacher without pay who is charged with an offence that the Board considers renders the teacher unsuitable to such a meeting perform their duties under Section 15.4 of the School Act, the teacher shall be informed in writing reinstated with full pay for the period of such suspension if the teacher is subsequently acquitted of the reasons charges and the Board determines through an investigation pursuant to Article C.24.4.b, that there were insufficient grounds for disciplinary action. In the event that the teacher grieves the disciplinary action, the arbitrator shall have final authority for the contemplated action and recovery of salary. e. A decision of the teacher's right to be accompanied at the meeting by a representative of the Association. 7. At such a meeting, the teacher and representative of the Association shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of Education, and; c. comment on the allegations, including submission of a written response. 8. Any discipline or dismissal of a teacher shall be communicated in writing to the teacher and to the Association in writing and shall contain a statement of setting out the grounds for the decision. 9. f. The Board will consult with the Association shall have and will attempt to agree with the option of referring a grievance regarding the dismissal of a teacher directly to arbitration provided for in the grievance article. 10. At an arbitration in respect of the discipline or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the teacher's attention at least 48 hours prior to the first day of the arbitration hearing. 11. Discipline or dismissal of a teacher shall not be set aside by an arbitrator Association on the basis of: a. a defect in form; b. a technical irregularity; or c. an error of procedure that does not result in a substantial departure from the process set out in this Article. 12. The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and therefore agrees as follows: a. Neither party shall release information to the media or the public in with respect of to the discipline suspension or dismissal of a teacher. However, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing reserves the fact that discipline, suspension or dismissal of right to release such information which it considers must be released in the teacher has occurred. The Association shall be notified of such disclosurespublic interest.

DISCIPLINE AND DISMISSAL FOR MISCONDUCT. 1a. Where a teacher is under investigation by the Board for any cause, the teacher and the Association shall be advised in writing of that fact and of the allegations unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event the teacher shall be notified at the earliest reasonable time and before any action is taken by the Board. The Board shall not discipline or dismiss conduct any person bound by this Agreement save and except for just and reasonable cause. 2investigation without undue delay. A The teacher who is under investigation for a disciplinary matter shall be informed in writing of the allegations and shall have the right to be accompanied by a representative of the Association at any meeting in connection therewithwith such an investigation. 3. Where b. The Board, though it may discipline, shall neither suspend (unless the Board investigates a potential disciplinary matter and, before meeting with Superintendent of Schools is of the opinion that the welfare of the students is threatened by the presence of the teacher concerned, decides not to proceed with disciplinary action, the Board shall inform the teacher of the information on which the investigation was based. At and may suspend the teacher's request, the Superintendent or designate will meet with the teacher to discuss such information and receive any comments which the teacher makes. 4. The Board shall not discipline (other than a suspension to which pay under Section 15(5) 15.5 of the School Act reasonably applies) or Act), nor dismiss any person bound by this Agreement agreement unless it has, prior to considering such action, has held a meeting of the Board with the employee teacher entitled to be present, in respect of which: a. i. The teacher and the Association shall be informed in writing not less than 72 given at least ninety-six (96) hours' notice (excluding weekends and statutory holidays) of the meeting; ii. At least seventy-two (72) hours, (excluding weekends and statutory holidays) prior to the meeting, held under Article C.24.4.b, both parties shall exchange all documents that will be considered at the meeting; iii. At least twenty-four (24) hours before prior to the meeting held under Article C.24.4.b, the teacher, or Association on behalf of the reasons for teacher, may file a written reply to the contemplated action and their right allegations prior to be accompanied at the meeting by a representative of meeting; iv. At the Association. b. At such meeting, the teacher shall be informed accompanied by representative(s) and/or advocate appointed by the Association, they shall be entitled to hear all of the nature information presented to the Board, to receive copies of all documents placed before the Board, to ask questions of clarification or procedure and information and to provide any information necessary to meet the case presented by Board Officials; v. The meeting referred to herein, may be waived by mutual agreement in writing; vi. The foregoing shall not be interpreted as preventing the Board from holding a meeting under Article C.24.4.b at which disciplinary action will be contemplated. c. Where a teacher is suspended, with pay, due to the Superintendent of Schools being of the allegations upon which opinion that the contemplated action welfare of the students is based and shall be given an opportunity to comment upon themthreatened by the presence of the teacher, including submission of a written response. 5. Where an employee is suspended under Section 15(5)15.5 of the School Act, the Board shall, prior to before taking further any disciplinary action under Section 15(7)15.7 of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such a meeting is waived by the AssociationAssociation in writing. 6. Not less than 72 hours prior d. Where the Board suspends a teacher without pay who is charged with an offence that the Board considers renders the teacher unsuitable to such a meeting perform their duties under Section 15.4 of the School Act, the teacher shall be informed in writing reinstated with full pay for the period of such suspension if the teacher is subsequently acquitted of the reasons charges and the Board determines through an investigation pursuant to Article C.24.4.b, that there were insufficient grounds for disciplinary action. In the event that the teacher grieves the disciplinary action, the arbitrator shall have final authority for the contemplated action and recovery of salary. e. A decision of the teacher's right to be accompanied at the meeting by a representative of the Association. 7. At such a meeting, the teacher and representative of the Association shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of Education, and; c. comment on the allegations, including submission of a written response. 8. Any discipline or dismissal of a teacher shall be communicated in writing to the teacher and to the Association in writing and shall contain a statement of setting out the grounds for the decision. 9. f. The Board will consult with the Association shall have and will attempt to agree with the option of referring a grievance regarding the dismissal of a teacher directly to arbitration provided for in the grievance article. 10. At an arbitration in respect of the discipline or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the teacher's attention at least 48 hours prior to the first day of the arbitration hearing. 11. Discipline or dismissal of a teacher shall not be set aside by an arbitrator Association on the basis of: a. a defect in form; b. a technical irregularity; or c. an error of procedure that does not result in a substantial departure from the process set out in this Article. 12. The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and therefore agrees as follows: a. Neither party shall release information to the media or the public in with respect of to the discipline suspension or dismissal of a teacher. However, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing reserves the fact that discipline, suspension or dismissal of right to release such information which it considers must be released in the teacher has occurred. The Association shall be notified of such disclosurespublic interest.

DISCIPLINE AND DISMISSAL FOR MISCONDUCT. 1. The Board shall not discipline or dismiss any person bound by this Agreement save and except for just and reasonable cause. 2. A teacher who is under investigation for a disciplinary matter shall be informed in writing of the allegations and shall have the right to be accompanied by a representative of the Association at any meeting in connection therewith. 3. Where the Board investigates a potential disciplinary matter and, before meeting with the teacher concerned, decides not to proceed with disciplinary action, the Board shall inform the teacher of the information on which the investigation was based. At the teacher's request, the Superintendent or designate will meet with the teacher to discuss such information and receive any comments which the teacher makes. 4. The Board shall not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies) or dismiss any person bound by this Agreement unless it has, prior to considering such action, held a meeting of the Board with the employee entitled to be present, in respect of which: a. The teacher shall be informed in writing not less than 72 hours before the meeting of the reasons for the contemplated action and their his/her right to be accompanied at the meeting by a representative of the Association. b. At such meeting, the teacher shall be informed of the nature of the allegations upon which the contemplated action is based and shall be given an opportunity to comment upon them, including submission of a written response. 5. Where an employee is suspended under Section 15(5), the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Association. 6. Not less than 72 hours prior to such a meeting the teacher shall be informed in writing of the reasons for the contemplated action and of the teacher's right to be accompanied at the meeting by a representative of the Association. 7. At such a meeting, the teacher and representative of the Association shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of EducationTrustees, and; c. comment on the allegations, including submission of a written response. 8. Any discipline or dismissal of a teacher shall be communicated to the teacher and to the Association in writing and shall contain a statement of the grounds for the decision. 9. The Association shall have the option of referring a grievance regarding the dismissal of a teacher directly to arbitration provided for in the grievance article. 10. At an arbitration in respect of the discipline or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the teacher's attention at least 48 hours prior to the first day of the arbitration hearing. 11. Discipline or dismissal of a teacher shall not be set aside by an arbitrator on the basis of: a. a defect in form; ; b. a technical irregularity; or c. an error of procedure that does not result in a substantial departure from the process set out in this Article. 12. The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and therefore agrees as follows: a. Neither party shall release information to the media or the public in respect of the discipline or dismissal of a teacher, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of the teacher has occurred. The Association shall be notified of such disclosures.

DISCIPLINE AND DISMISSAL FOR MISCONDUCT. 1a. Where a teacher is under investigation by the Board for any cause, the teacher and the Association shall be advised in writing of that fact and of the allegations unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event the teacher shall be notified at the earliest reasonable time and before any action is taken by the Board. The Board shall not discipline or dismiss conduct any person bound by this Agreement save and except for just and reasonable cause. 2investigation without undue delay. A The teacher who is under investigation for a disciplinary matter shall be informed in writing of the allegations and shall have the right to be accompanied by a representative of the Association at any meeting in connection therewithwith such an investigation. 3. Where b. The Board, though it may discipline, shall neither suspend (unless the Board investigates a potential disciplinary matter and, before meeting with Superintendent of Schools is of the opinion that the welfare of the students is threatened by the presence of the teacher concerned, decides not to proceed with disciplinary action, the Board shall inform the teacher of the information on which the investigation was based. At and may suspend the teacher's request, the Superintendent or designate will meet with the teacher to discuss such information and receive any comments which the teacher makes. 4. The Board shall not discipline (other than a suspension to which pay under Section 15(5) 15.5 of the School Act reasonably applies) or Act), nor dismiss any person bound by this Agreement agreement unless it has, prior to considering such action, has held a meeting of the Board with the employee teacher entitled to be present, in respect of which: a. The i) the teacher and the Association shall be informed in writing not less than 72 given at least ninety-six (96) hours' notice (excluding weekends and statutory holidays) of the meeting; ii) at least seventy-two (72) hours, (excluding weekends and statutory holidays) prior to the meeting, held under Clause 24.4.b, both parties shall exchange all documents that will be considered at the meeting; iii) at least twenty-four (24) hours before prior to the meeting held under Clause 24.4.b, the teacher, or Association on behalf of the reasons for teacher, may file a written reply to the contemplated action and their right allegations prior to be accompanied the meeting; iv) at the meeting by a representative of the Association. b. At such meeting, the teacher shall be informed accompanied by representative(s) and/or advocate appointed by the Association, they shall be entitled to hear all of the nature information presented to the Board, to receive copies of all documents placed before the Board, to ask questions of clarification or procedure and information and to provide any information necessary to meet the case presented by Board Officials; v) the meeting referred to herein, may be waived by mutual agreement in writing; vi) the foregoing shall not be interpreted as preventing the Board from holding a meeting under 24.4.b at which disciplinary action will be contemplated. c. Where a teacher is suspended, with pay, due to the Superintendent of Schools being of the allegations upon which opinion that the contemplated action welfare of the students is based and shall be given an opportunity to comment upon themthreatened by the presence of the teacher, including submission of a written response. 5. Where an employee is suspended under Section 15(5)15.5 of the School Act, the Board shall, prior to before taking further any disciplinary action under Section 15(7)15.7 of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such a meeting is waived by the AssociationAssociation in writing. 6. Not less than 72 hours prior d. Where the Board suspends a teacher without pay who is charged with an offence that the Board considers renders the teacher unsuitable to such a meeting perform his/her duties under Section 15.4 of the School Act, the teacher shall be informed in writing reinstated with full pay for the period of such suspension if the teacher is subsequently acquitted of the reasons charges and the Board determines through an investigation pursuant to 24.4.b above, that there were insufficient grounds for disciplinary action. In the event that the teacher grieves the disciplinary action, the arbitrator shall have final authority for the contemplated action and recovery of salary. e. A decision of the teacher's right to be accompanied at the meeting by a representative of the Association. 7. At such a meeting, the teacher and representative of the Association shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of Education, and; c. comment on the allegations, including submission of a written response. 8. Any discipline or dismissal of a teacher shall be communicated in writing to the teacher and to the Association in writing and shall contain a statement of setting out the grounds for the decision. 9. f. The Board will consult with the Association shall have and will attempt to agree with the option of referring a grievance regarding the dismissal of a teacher directly to arbitration provided for in the grievance article. 10. At an arbitration in respect of the discipline or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the teacher's attention at least 48 hours prior to the first day of the arbitration hearing. 11. Discipline or dismissal of a teacher shall not be set aside by an arbitrator Association on the basis of: a. a defect in form; b. a technical irregularity; or c. an error of procedure that does not result in a substantial departure from the process set out in this Article. 12. The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and therefore agrees as follows: a. Neither party shall release information to the media or the public in with respect of to the discipline suspension or dismissal of a teacher. However, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing reserves the fact that discipline, suspension or dismissal of right to release such information which it considers must be released in the teacher has occurred. The Association shall be notified of such disclosurespublic interest.

DISCIPLINE AND DISMISSAL FOR MISCONDUCT. 1. The Board shall not discipline or dismiss any person bound by this Agreement save and except for just and reasonable cause. 2. A teacher who is under investigation for a disciplinary matter shall be informed in writing of the allegations and shall have the right to be accompanied by a representative of the Association at any meeting in connection therewith. 3. Where the Board investigates a potential disciplinary matter and, before meeting with the teacher concerned, decides not to proceed with disciplinary action, the Board shall inform the teacher of the information on which the investigation was based. At the teacher's request, the Superintendent or designate will meet with the teacher to discuss such information and receive any comments which the teacher makes. 4. The Board shall not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies) or dismiss any person bound by this Agreement unless it has, prior to considering such action, held a meeting of the Board with the employee entitled to be present, in respect of which: a. The teacher shall be informed in writing not less than 72 hours before the meeting of the reasons for the contemplated action and their his/her right to be accompanied at the meeting by a representative of the Association. b. At such meeting, the teacher shall be informed of the nature of the allegations upon which the contemplated action is based and shall be given an opportunity to comment upon them, including submission of a written response. 5. Where an employee is suspended under Section 15(5), the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Association. 6. Not less than 72 hours prior to such a meeting the teacher shall be informed in writing of the reasons for the contemplated action and of the teacher's right to be accompanied at the meeting by a representative of the Association. 7. At such a meeting, the teacher and representative of the Association shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of Education, and; c. comment on the allegations, including submission of a written response. 8. Any discipline or dismissal of a teacher shall be communicated to the teacher and to the Association in writing and shall contain a statement of the grounds for the decision. 9. The Association shall have the option of referring a grievance regarding the dismissal of a teacher directly to arbitration provided for in the grievance article. 10. At an arbitration in respect of the discipline or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the teacher's attention at least 48 hours prior to the first day of the arbitration hearing. 11. Discipline or dismissal of a teacher shall not be set aside by an arbitrator on the basis of: a. a defect in form; b. a technical irregularity; or c. an error of procedure that does not result in a substantial departure from the process set out in this Article. 12. The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and therefore agrees as follows: a. Neither party shall release information to the media or the public in respect of the discipline or dismissal of a teacher, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of the teacher has occurred. The Association shall be notified of such disclosures.