Common use of Discipline Procedure Clause in Contracts

Discipline Procedure. 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

Discipline Procedure. A. No employee shall be subject to disciplinary action except for the grounds stated in this Agreement. All discharges of non-probationary employees and suspensions of greater than three (3) days for non-probationary employees shall be subject to review under the grievance procedure. No other discipline shall be grievable. B. Based upon the severity of the situation and the safety concerns for students and other employees, disciplinary action may follow the steps outlined below: 1. Disciplinary action may Verbal Warning (to be imposed for violation of written rules and regulations as set forth by the Board, incompetencedocumented in writing)- First offense 2. Written Warning - Second offense 3. Suspension - Third offense 4. Longer Suspension - Fourth offense 5. Discharge - Fifth offense C. Incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasanceabsence without leave, malfeasance, nonfeasance, failure to observe written standards of conduct or any other failure of good behavior, or conviction any other acts of a felonymisfeasance, malfeasance or non-feasance shall be grounds for disciplinary action. 2. No employee D. Anytime the Board has reason to discipline an employee, it shall be disciplined without first having had the opportunity for done in a hearing, if manner that will best avoid embarrassing the employee so requestsbefore other employees or the public. Directives from supervisors shall not constitute discipline. E. Whenever the Board determines that an employee may be subject to suspension of greater than three (3) days, with a pre-disciplinary conference shall be scheduled to give the employee an OAPSE opportunity to offer an explanation of the alleged conduct. The employee may be represented by the union representative of his/her choice presentchoice, or may, if he/she chooses, waive representation. F. Pre-disciplinary conferences shall be conducted by the Superintendent/designee. The employee Superintendent/designee shall determine what discipline, if any, is appropriate. G. Pre-disciplinary conferences shall not be given a written statement containing required in suspension cases where safety concerns or the charges and the time and place severity of the hearing. offense dictate otherwise. H. The Union President will be provided with a courtesy copy of disciplinary actions. I. Verbal and written statement warnings shall notify the employee of his/her rights to OAPSE representation. The employee must not be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for considered when issuing subsequent discipline after a period of up to two (2) years and suspensions after three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be years, provided within the suspension period. Failure to provide there is no reoccurrence of an opportunity for a hearing during the suspension period shall preclude the right incident of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in similar nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

Discipline Procedure. 1A. Discipline will normally be applied in a corrective, progressive and uniform manner and will be invoked within a reasonable period of time of the occurrence of the event that has precipitated the disciplinary action. B. Progressive discipline shall take into account the nature of the violation, the employee’s record of discipline, and the employee’s record of performance and conduct. Disciplinary action Steps in progressive discipline may be bypassed, depending on the seriousness of the violation. The progressive steps of discipline are as follows: Step I: Verbal reprimand noted in personnel file Step II: Written reprimand Step III: Suspension Step IV: Termination Suspension without pay or termination will not be imposed for violation of written rules prior to holding a pre- disciplinary conference, and regulations as set forth a determination by the BoardSuperintendent, incompetenceotherwise a member can be suspended with pay pending the conference. For purposes of this Article, inefficiencya day shall be defined as a work day. C. Whenever the Employer and/or his designee determines that there may be cause for an employee to be suspended, dishonestyreduced, drunkennessor terminated, immoral conduct, insubordination, discourteous treatment a pre-disciplinary conference will be held to give the employee the opportunity to offer an explanation of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felonyalleged misconduct. The pre-disciplinary conference procedures shall be followed as outlined below in 1-5. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present1. The employee shall be given provided with a written statement containing notice advising him of the charges and the time and place specifications of the hearingcharges against him. The written statement In addition, the notice will list the date, time, and location of the conference. Such notice shall notify be given to the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to at least three (3) work days without before the formal hearing described aboveconference. An opportunity for a formal hearing The employee shall be allowed representation of his choice, the cost of which shall be borne by the employee. Time limits may be waived by mutual consent of the Parties. 2. The pre-disciplinary conference shall be held with the supervisor must be provided within Superintendent. During the suspension periodconference, the employee shall have the opportunity to explain whether or not the alleged conduct occurred. Failure The employee may present verbal or written evidence regarding the alleged conduct; however, the employee may not bring witnesses to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Articleconference. 3. Disciplinary action of less than discharge should generally be progressive The employee may waive his right to a pre-disciplinary conference by signing the Notice for Pre-disciplinary Conference, attached as Appendix G, and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited returning it to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobimmediate supervisor or the Superintendent.

Discipline Procedure. The BOARD may discipline members of the bargaining unit with just cause for acts of insubordination, misconduct, incompetency, cruelty, negligence, immorality, or other sufficient cause. 1. Except for serious offenses that may warrant suspension or termination, the BOARD agrees to the concept of progressive discipline following a disciplinary conference when dealing with matters of insubordination, misconduct, incompetency, cruelty, negligence, immorality, or other sufficient cause. In all cases, employees will be afforded due process. a) After verbal warnings, if appropriate, have been ineffective, officials shall enter a letter of reprimand in the employee's official file. All rules and procedures for inserting letters pertaining to service included in this Agreement shall apply. b) Upon repetition of the same offense, officials shall assess a one day unpaid suspension against the employee. c) Upon repetition of the same offense, officials shall assess up to a three-day unpaid suspension against the employee. d) Subsequent repetition of the same offense may result in either termination or a lengthy suspension whichever the Board considers appropriate in the circumstances. e) Any member of the bargaining unit who is disciplined shall have the right to appeal such discipline by filing a grievance in accordance with the grievance and arbitration procedure set forth in this Agreement. Disciplinary action may be imposed for violation of include written rules and regulations as set forth by the Boardreprimands, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behaviorsuspensions with or without pay, or conviction discharge. f) The Board and Union agree that the commission of a felonycertain serious offenses or multiple offenses would permit the Administration to enforce discipline at an enhanced rate pursuant to the schedule above. 2. No When an administrator calls a conference with an employee which might lead to disciplinary action against the employee, the following provisions shall be applicable. a) Whenever possible the employee shall be disciplined without first having had informed forty eight (48) in advance, in writing as to the opportunity reason(s) for the conference. b) The employee has the right to be accompanied by a hearing, if the employee so requests, with an OAPSE Union representative or representative of his/her choice presentat the conference. c) Except circumstances warranting immediate action the administrator will not take disciplinary action against the employee without first affording the employee an opportunity to respond to the matter being discussed. d) In no instance shall disciplinary action be taken against an employee later than twenty (20) working days after the conduct giving rise to the action or in the twenty (20) working days after the time the administration becomes aware of the action giving rise to the discipline. The When disciplinary action stems from a series of unremediated instances on the part of the employee. In no event shall notification be later than twenty (20) working days after observation of the last instance. For the purpose of this paragraph. "working days" means any day. Monday through Friday when either school is in session or the District offices are open for regular business and the subject employee is scheduled to be in attendance. e) If, after a disciplinary conference an administrator takes disciplinary action against the employee the administrator shall provide the employee with written notification of the specific reason(s) for the action within five (5) work days from the date of the conference. In case of a termination of employment hearing or a conference involving disciplinary action to be taken against a employee, the charges brought against the employee shall be given a written statement containing based upon the charges and material in the time and place of official file and/or investigatory file except in cases where the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee administration or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this ArticleSuperintendent believe immediate disciplinary action is necessary. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

Discipline Procedure. Section 1. Disciplinary Employer may verbally, or by e-mail, notify an employee of the need to take corrective action. However, such notification shall not become part of the employee’s personnel file unless further disciplinary action may be imposed for violation of written rules and regulations is necessary. If the employee fails to take corrective action, then the Employer shall take steps as set forth by in Section 2 of this Article. Section 2. The Employer shall not take disciplinary action against an employee without just cause. A. Where appropriate, principles of progressive and corrective discipline will be followed, using warnings and suspensions of appropriate length prior to discharge. B. When an employee is to be disciplined, the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment charges shall first be reduced to writing and given to the employee and union president. C. A pre-disciplinary conference shall be conducted within five (5) working days of the publicdate the employee received the charges, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felonyunless the parties mutually agree to extend the time limits. 2Section 3. No employee If a resolution cannot be reached between the Employer and the Employee during the pre-disciplinary conference, a disciplinary hearing shall be disciplined without first having had conducted within three (3) working days after the opportunity for a hearingpre-disciplinary conference, if unless the employee so requests, with an OAPSE representative of his/her choice presentparties mutually agree to extend the time limits. Section 4. The employee shall have the right to be given represented by a written statement containing Union representative at any pre-disciplinary conference or hearing. Where such pre-disciplinary conferences or hearings are scheduled during a Union representative's work time, no more than one (1) employee Union representative shall be released without loss of pay to attend a pre-disciplinary conference or hearing. Witnesses shall not suffer harassment or face retaliation from either the Employer or the Union for their testimony. Section 5. The parties agree that when the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (includinginvolve a serious offense such as, but not limited to, health and/or safety being under the influence of drugs or alcoholic beverages, physical violence, or gross insubordination, an employee may be suspended without pay pending completion of investigation; provided that prior to the suspension without pay, a pre-disciplinary conference is scheduled before the Director or his designee with the employee or other employees; blatant insubordination; or refusal to work), represented by the supervisor Union. The Employer may immediately suspend an employee without with pay for a period of up to three (3) work days without at the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this ArticleEmployer's reasonable discretion. 3Section 6. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions When filing a grievance, the grievance shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited submitted to the nature and seriousness next level of the offense, the effect the alleged conduct has on the Board’s operation, supervision from which the discipline or lack thereof used was imposed within (5) working days, as outlined in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobgrievance procedure.

Discipline Procedure. 1. Disciplinary action A.1 Should a violation of (but not limited to) Administrative rules or regulations occur, for which an employee may be imposed for violation disciplined, the following progressive disciplinary procedure is set forth in order to insure the fair, timely and equitable treatment of written employees in matters of disciplinary action. Infractions of rules and regulations as set forth for which employees may be disciplined shall have been clearly communicated to employees before disciplinary action is taken. Each employee may have a Union representative present at any meeting described in this disciplinary procedure. Discipline is subject to the Grievance Procedure. A.2 Any employee receiving a written reprimand or notice that is of a disciplinary nature shall be given a copy of said reprimand or notice. The employee will also be asked to sign the document to acknowledge that he or she has seen it. The employee’s signature shall not mean that he or she necessarily agrees with the document’s contents. If the employee refuses to sign, such refusal shall be noted on the document and placed in the file. A.3 If grave violation occurs, the employer may proceed to level three or four. A.4 Members of the bargaining unit shall be subject to disciplinary under the following procedures: 1st Level: Verbal reprimand by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment employee’s immediate supervisor. A record of this reprimand will be placed in the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2employee’s personnel file and retained for not more than one (1) year if no further infraction occurs. No employee shall be disciplined without first having had 2nd Level: Written reprimand by the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice presentemployee’s immediate Supervisor. The employee shall be given receive a written statement containing the charges and the time and place copy of the hearing. The written statement shall notify the employee of reprimand and, upon request, a meeting with his/her rights immediate Supervisor will be held to OAPSE representationdiscuss the problem. The 3rd Level: Suspension, without pay, up to three (3) days. An employee must who continues the behavior(s) necessitating the use of this procedure will, after the third occurrence, be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay suspended for a period of up to three (3) work days without pay. The employee shall also receive written warning that the formal hearing described abovecommission of another infraction may result in the employee’s discharge. An opportunity for Upon the employee’s return from suspension, a formal hearing meeting will be held with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offenseemployee, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the BoardOAPSE Field Representative, and the appropriateness Superintendent or his designee, to discuss the problem. 4th Level: Termination of employment. An employee who continues to violate (but not limited to) Administrative rules or regulations after the proposed penalty in view of the record 3rd level, shall face further disciplinary action up to and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobincluding discharge.

Discipline Procedure. 15.1 No employee shall be subject to disciplinary reduction in pay and position, suspension, transfer or discharge except for the grounds stated in this Agreement. Disciplinary The Employer may take disciplinary action against an employee in the bargaining unit only for just cause. Just cause provisions shall not apply to employees until they have been awarded a two (2) year contract. The sequence of employment contracts will be 1 year, 2 year, continuing. Any employee hired after December 31st of the current school year will be granted a one year contract on July 1st pending Superintendent recommendation and Board approval. The employee will become eligible for tenure after the completion of the two (2) year contract. An employee may not be disciplined for actions on his own personal time that do not reflect directly on the school district or do not violate any State or Federal statutory provision. Forms of disciplinary action are: A. Verbal warning B. Written Reprimand C. Suspension from duty without pay D. Transfer or reassignment, which may be imposed for violation of written rules and regulations as set forth by the Board, incompetencein conjunction with other discipline. E. Reduction in position F. Discharge from employment 5.2 In competency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, absence without leave, failure to observe written standards of conduct or any other failure to good behavior, or any other acts of misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felonynonfeasance shall be grounds for disciplinary action. 25.3 Except in extreme instances where the employee is found guilty of gross misconduct discipline will be applied in a progressive and uniform manner. No employee Progressive discipline shall take into account the nature of the violation, the employee’s record of discipline and the employee’s record of performance conduct. 5.4 Anytime the Employer or any of its representatives has reason to discipline an employee, it shall be disciplined without first having had the opportunity for done in a hearing, if manner that will not embarrass the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing before other employees or the charges and public. 5.5 Whenever the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee Employer or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend its designee(s) determine that an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not may be subject to discipline listed under C, D, E, and F, in Section 6 1, pre-disciplinary conference will be scheduled to give the employee an opportunity to offer an explanation of this Articlethe alleged conduct. 3. Disciplinary 5.6 Nothing in this section prevents the Employer from immediately suspending an employee where, in the Employer’s judgment, such immediate action is necessary for the safety or welfare of less than discharge should generally be progressive and corrective in naturestudents, staff, or school property. A. Disciplinary actions shall be grievable. 5.7 This Article supersedes Ohio Revised Code Section shall supersede existing state law governing termination of employment 3319.081 (O.R.C. 3319.081C). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

Discipline Procedure. 121.1 This Article was entered into pursuant to Government Code Section 3543.2(b). Disciplinary This Article does not include the termination of any permanent teacher and does not include the implementation of Education Code Sections 44939, 44940, 44941, and 44942 and any amendments to those Sections or successor laws to those Sections. 21.2 An employee in the bargaining unit may be disciplined by the District for just cause. For purposes of this Article, the term "discipline" shall be limited to an involuntary transfer for disciplinary reasons or suspension without pay for up to and including five (5) days and loss of extra compensation. The provisions of this Article shall not apply to involuntary transfers that result from the implementation of Article 12 (Evaluation Procedures) and Exhibit L (The Certificated Evaluation Process for Teachers) of this Agreement. The discipline imposed shall be reasonably related to the seriousness of the misconduct or shall be reasonable in light of the number and frequency of prior incidents of misconduct by the employee. 21.2.1 The following progressive discipline steps shall normally be utilized. However, the process may be initiated at any level if, in the opinion of the supervisor, such action is warranted based on the seriousness of the employee’s misconduct. 21.2.1.1 Verbal warning with the option to follow up with a conference summary (may be included in Personnel file); 21.2.1.2 Letter of warning (may be included in Personnel file); 21.2.1.3 Letter of reprimand (for Personnel file). 21.3 Prior to the taking of discipline, the Superintendent or designee shall give written notice to the employee. This written notice of proposed disciplinary action shall be served by mail or personal delivery to the employee at least ten (10) work days prior to the date when discipline may be imposed. In cases of serious misconduct where it is deemed appropriate to remove the employee immediately, the employee may continue to be paid the regular salary during the period of suspension if the employee furnishes to the District a suitable bond, or other security acceptable to the District, as a guarantee that the employee will repay to the District the amount of salary paid to the employee during the period of suspension in the event that this discipline is upheld pursuant to the provisions of this Article. The term serious misconduct does not include the use of reasonable physical force by a teacher against a student in self-defense, or reasonable physical force by a teacher against a student in a reasonable attempt to restrain or direct such student. The term serious misconduct does include the use of unreasonable physical force by a teacher against a student. Loss of compensation in all cases may occur after the tenth (10th) work day following the date the written notice was served. 21.4 Upon written request from the employee within five (5) workdays of service of the written notice herein, the Superintendent or designee shall not implement the discipline in Provision 21.2 until the final decision is rendered by an arbitrator except in cases of serious misconduct. If the District does not prevail, District will pay all arbitrator fees. If the District prevails, the District and BTA will share arbitrator fees. In cases of serious misconduct, the Superintendent or designee, at the discretion of the Superintendent or designee, may or may not implement discipline in provision 21.2; and any implementation or lack of implementation shall not prejudice or adversely affect any issue as to whether or not a proposed discipline involved serious misconduct. 21.5 The written notice of proposed disciplinary action shall be served by personal delivery or by certified mail. Service by certified mail shall be deemed completed on the date of mailing. The contents of the written notice shall include at least the following: 21.5.1 A statement identifying the District. 21.5.2 A statement in the ordinary and concise language of the specific act(s) and omission(s) upon which the proposed disciplinary action is based. 21.5.3 The specific disciplinary action proposed and effective date(s). 21.5.4 The cause(s) or reason(s) for the specific disciplinary action proposed. 21.5.5 A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place. 21.5.6 A statement that the employee has the right to respond to the matters raised in the written notice both orally and in writing, including the submission of affidavits, prior to the end of the ten (10) work days following the date the written notice was served. Nothing contained herein shall prohibit the introduction of evidence at any hearing which may be requested pursuant to this Article. 21.5.7 A statement that the employee, upon request, is entitled to appear personally before the Superintendent or designee regarding the matters raised in the written notice prior to the end of the ten (10) work days following the date the written notice was served. At such meeting, the employee shall be granted a reasonable opportunity to make any representations the employee believes are relevant to the case. 21.5.8 A statement that any disputes arising out of this Article may be submitted to final and binding arbitration as provided in Article 6 (Grievance Procedure) of this Agreement and initiated at Step 3 of the grievance process. All proposed actions against an employee shall be stayed until the arbitrator's decision is rendered, except in cases of serious misconduct or in instances when the possible consequences of potential repetition require immediate action, in which case the stated discipline may be imposed for violation of written rules and regulations as set forth by pending the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment outcome of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felonyarbitration. 2. No employee shall be disciplined without first having had 21.6 With respect to probationary employees whose probationary period commenced during the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee 1983-84 fiscal year or other employees; blatant insubordination; or refusal to work)any fiscal year thereafter, the supervisor following provisions shall apply: 21.6.1 The parties acknowledge that such probationary employees may immediately suspend an employee be dismissed or suspended without pay for a specified period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right time in excess of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.fifteen

Discipline Procedure. 1A. This Article was entered into pursuant to Section 3543.2(b) of the Government Code. Disciplinary action This Article does not include the implementation of any section of the Education Code concerning the suspension or termination of any certificated employee. B. An employee in the bargaining unit may be imposed for violation of written rules and regulations as set forth disciplined by the BoardDistrict for just cause. The term “disciplines’ shall mean suspension without pay for up to and including fifteen (15) days and loss of extra compensation. The term “discipline” specifically does not include adverse or negative evaluations, incompetencewarnings, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment directives and the implementation of other Articles in the Agreement such as the denial of any leave. The discipline imposed shall be reasonably related to the seriousness of the public, neglect misconduct or shall be reasonable in light of duty, misfeasance, malfeasance, nonfeasance, any other failure the number and frequency of good behavior, or conviction prior incidents of misconduct by the employee. A verbal and/or a felonywritten reprimand will normally precede a discipline. 2. No employee shall be disciplined without first having had C. Prior to the opportunity for a hearingtaking of discipline, if the employee so requests, with an OAPSE representative Superintendent of Schools or his/her choice presentdesignee shall give written notice to the employee. The This written notice of proposed disciplinary action shall be served by mail or personal delivery to the employee at least twelve (12) calendar days prior to the date when discipline may be imposed. In emergency situations where it is deemed appropriate to remove the employee immediately, the employee shall be given not lose compensation prior to the date when discipline may commence. Loss of compensation in all cases may occur after the twelfth (12th) calendar day following the date written notice was served. Upon showing of good cause by the employee to the District, the District may not implement the discipline in provision B until the final decision is rendered by an arbitrator or a written statement containing the charges and the time and place of the hearinghearing officer. The written statement notice of proposed disciplinary action shall notify be served by personal delivery or by certified mail. Service by certified mail shall be deemed completed on the employee date of his/her rights to OAPSE representationmailing. The employee must be given the opportunity to sign the statement acknowledging receipt contents of the written notice shall include at least the following: 1. a statement and date received. Under emergency conditions as determined by identifying the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.District

Discipline Procedure. 1A. Discipline will normally be applied in a corrective, progressive and uniform manner and will be invoked within a reasonable period of time of the occurrence of the event that has precipitated the disciplinary action. B. Progressive discipline shall take into account the nature of the violation, the employee’s record of discipline, and the employee’s record of performance and conduct. Disciplinary action Steps in progressive discipline may be bypassed, depending on the seriousness of the violation. The progressive steps of discipline are as follows: Step I: Verbal reprimand noted in personnel file Step II: Written reprimand Step III: Suspension Step IV: Termination Suspension without pay or termination will not be imposed for violation of written rules prior to holding a pre- disciplinary conference, and regulations as set forth a determination by the BoardSuperintendent, incompetenceotherwise a member can be suspended with pay pending the conference. C. Whenever the Employer and/or his designee determines that there may be cause for an employee to be suspended, inefficiencyreduced, dishonestyor terminated, drunkenness, immoral conduct, insubordination, discourteous treatment a pre-disciplinary conference will be held to give the employee the opportunity to offer an explanation of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felonyalleged misconduct. The pre-disciplinary conference procedures shall be followed as outlined below in 1-5. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present1. The employee shall be given provided with a written statement containing notice advising him of the charges and the time specifications of the charges against him. In addition, the notice will list the date, time, and place location of the hearing. The written statement Such notice shall notify be given to the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to at least three (3) work days without before the formal hearing described abovehearing. An opportunity for a formal hearing with The employee shall be allowed representation of his choice, the supervisor must cost of which shall be borne by the employee. Time limits may be waived by mutual consent of the parties. 2. The employee may present any testimony, witness or documents which explain whether or not the alleged conduct occurred. A list of witnesses shall be provided within to the suspension periodneutral hearing administrator no later than one hour prior to the pre-disciplinary conference. Failure It shall be the employee’s responsibility to provide an opportunity for a hearing during make sure that the suspension period witnesses are notified of their attendance at the hearing. The employee or his representative shall preclude have the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Articleconfront and cross examine witnesses. 3. Disciplinary action The hearing shall be conducted before a “neutral” administrator selected by the Employer, an administrator who is not involved in any of less than discharge should generally be progressive and corrective in naturethe events giving rise to the offense. The employee may offer verbal or written statements from other persons pertaining to the charges, during the hearing. A. Disciplinary actions shall be grievable4. This Section shall supersede existing state law governing termination The employee may waive their right to a pre-disciplinary conference by signing the Notice of employment (O.R.C. 3319.081)Pre-disciplinary Conference, attached as Appendix I, and returning it to the supervisor or hearing administrator. B. In determining progressive and corrective action, just cause shall be construed and limited to 5. Within five (5) calendar days after the nature and seriousness of the offensehearing, the effect neutral hearing administrator shall provide the alleged conduct has employee and the Employer with a written statement affirming or disaffirming the charges, based on the Board’s operation, evidence given at the discipline or lack thereof used in other similar situations known to hearing by the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employeeparties. The enumeration of these factors is not intended to preclude either document will also give the exercise of good and sound business judgment or to minimize reasons for the importance of an employee’s property interest in his jobdecision.

Discipline Procedure. 110.1 Except for any oral warnings, the employee will receive written notice of any disciplinary action and the reason for such action. An employee shall have the right to be represented by the Association during any disciplinary conference at anytime upon request. 10.2 Discipline may occur when an Employee breaches any Work rule, Board Policy, Building Rule or Regulation, District Rule or Regulation, or any behavior that is deemed by the Board of Education not to be in the best interest of the District or behavior that poses a potential danger or threat to the health, safety and welfare to students or other staff. As a member of the District, the Employee must conduct himself/herself on the job in a manner so as to bring credit upon the Employer. 10.3 No non-probationary Employee shall be dismissed or suspended without just cause. Written notice of the reasons for such dismissal or disciplinary action shall be provided to the Employee. The Board recognizes the desirability of establishing and utilizing a system of progressive discipline. Disciplinary action will be progressive when appropriate. In cases deemed serious by the administration, immediate termination may be imposed recommended. Subject to the administration’s discretion to impose the level of discipline it deems appropriate, progressive discipline will follow the steps outlined below. 1. Verbal Warning A verbal warning will be given to the Employee for violation of misconduct or poor performance which does not warrant a written rules and regulations warning, dismissal or suspension as set forth the initial disciplinary action. This warning will be issued by the BoardSupervisor and/or Superintendent. The specific grounds for any oral reprimand or other discipline shall be given to an Employee in writing within twenty-four (24) hours after the request by the employee, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of with a copy to the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction Association President. A record of a felonyverbal warning will be placed in the personnel file but will expire one (1) year after issuance. 2. No employee Written Warning A written disciplinary action for misconduct and or poor performance shall be placed in the Employee’s personnel file. It shall contain information gathered by the Supervisor and/or Superintendent after an investigation. A copy of such warning shall be sent to the Association President and will remain part of the employee’s personnel file. 3. Suspension/Dismissal Before an Employee is disciplined by suspension with or without first having had pay, removed from any job or dismissed, the opportunity for a hearing, if Supervisor and/or Superintendent shall conduct an investigation of the employee so requests, with an OAPSE representative of his/her choice present. The employee problem to determine the facts and the Employee shall be given a pre-disciplinary conference with the Supervisor and/or Superintendent. The Employee shall be given twenty-four (24) hours prior written statement containing the charges and the time and place notice of the hearingreasons for such a meeting or interview and shall be entitled to have an Association representative present to advise and represent him/her. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (includingAny additions, but not limited torevisions, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited modifications to the nature disciplinary rules and seriousness of regulations set forth in the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known ESAP Contract will be distributed to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employeeEmployees. The enumeration of these factors is not intended ESAP leadership will have input prior to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobadministrative approval.

Discipline Procedure. Section 1 Employees may be disciplined only for cause involving deficiencies in performance, deficiencies in conduct, or both. When disciplinary action is taken or contemplated, the affected employee(s) shall be informed in writing either prior to or at the time the action is taken of (1) the reason for the discipline; (2) the penalty assessed; and (3) the effective date of the penalty. 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony.Written reprimand 2. No Suspension/forfeiture of time 3. Demotion 1 768.28, Florida Statutes 4. Discharge Employee corrective interviews/counseling slips may be used to memorialize notice to employees of deficiencies in performance, conduct, or both, but the issuance of such forms shall in no event be considered disciplinary action for purposes of this Agreement. An employee corrective interview/counseling slip may be appealed only to the next level in the chain of command above the issuing authority. There shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges no further appeal and the time and place of the hearing. The written statement corrective interview/ counseling slip shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to the grievance/arbitration procedure in this Agreement. If at any time after the initial investigation of actions notice or Bill of Rights notice are determined to be unsubstantiated, an official City cover letter will be placed over the notice(s) and placed in the employee’s personnel file. A letter of reprimand may be appealed orally or in writing through the chain of command. Each level in the chain of command shall have the power to rescind a letter of reprimand. If the written reprimand is not rescinded by the Fire Chief or designee, the employee shall have the right to submit the issue to a neutral party for final and binding determination. The neutral selected by the parties shall be the current Human Resources Director. The parties agree that this will be an expedited procedure using oral arguments and documents of evidence. There will be no submission of briefs and the parties mutually agree that attorneys will not be used for this procedure. The sole function of the neutral will be to rule on the facts related to the incident. The Human Resources Director will issue a written decision within seven (7) calendar days. The Human Resources Director shall have the authority to sustain, reduce, or expunge a reprimand. Section 6 2 The parties hereby mutually recognize and acknowledge the existence of that portion of Florida Statutes 112 entitled, “Firefighters’ Bill of Rights”. The parties agree that any and all violations or alleged violations of this Article. 3statute will be resolved exclusively through appropriate statutory appeal. Disciplinary action of less than discharge should generally However, if the parties mutually agree, Article 48, “Arbitration”, may be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited used to the nature and seriousness of the offense, the effect remedy the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobviolations.

Discipline Procedure. ‌ 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

Discipline Procedure. 110.1 Except for any oral warnings, the employee will receive written notice of any disciplinary action and the reason for such action. An employee shall have the right to be represented by the Association during any disciplinary conference at anytime upon request. 10.2 Discipline may occur when an Employee breaches any Work rule, Board Policy, Building Rule or Regulation, District Rule or Regulation, or any behavior that is deemed by the Board of Education not to be in the best interest of the District or behavior that poses a potential danger or threat to the health, safety and welfare to students or other staff. As a member of the District, the Employee must conduct himself/herself on the job in a manner so as to bring credit upon the Employer. 10.3 No non-probationary Employee shall be dismissed or suspended without just cause. Written notice of the reasons for such dismissal or disciplinary action shall be provided to the Employee. The Board recognizes the desirability of establishing and utilizing a system of progressive discipline. Disciplinary action will be progressive when appropriate. In cases deemed serious by the administration, immediate termination may be imposed recommended. Subject to the administration’s discretion to impose the level of discipline it deems appropriate, progressive discipline will follow the steps outlined below. 1. Verbal Warning A verbal warning will be given to the Employee for violation of misconduct or poor performance which does not warrant a written rules and regulations warning, dismissal or suspension as set forth the initial disciplinary action. This warning will be issued by the BoardSupervisor and/or Superintendent. The specific grounds for any oral reprimand or other discipline shall be given to an Employee in writing within twenty-four (24) hours after the request by the employee, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of with a copy to the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction Association President. A record of a felonyverbal warning will be placed in the personnel file but will expire one (1) year after issuance. 2. No employee Written Warning A written disciplinary action for misconduct and or poor performance shall be placed in the Employee’s personnel file. It shall contain information gathered by the Supervisor and/or Superintendent after an investigation. A copy of such warning shall be sent to the Association President and will remain part of the employee’s personnel file. 3. Suspension/Dismissal Before an Employee is disciplined by suspension with or without first having had pay, removed from any job or dismissed, the opportunity for a hearing, if Supervisor and/or Superintendent shall conduct an investigation of the employee so requests, with an OAPSE representative of his/her choice present. The employee problem to determine the facts and the Employee shall be given a pre-disciplinary conference with the Supervisor and/or Superintendent. The Employee shall be given twenty-four (24) hours prior written statement containing the charges and the time and place notice of the hearingreasons for such a meeting or interview and shall be entitled to have an Association representative present to advise and represent him/her. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (includingAny additions, but not limited torevisions, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited modifications to the nature disciplinary rules and seriousness of regulations set forth in the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known ESAP Contract will be distributed to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employeeEmployees. The enumeration of these factors is not intended ESAP leadership will have input prior to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobadministrative approval.

Discipline Procedure. 1Policy Disciplinary action in the event of poor performance, breaches of policy, or other undesirable actions, is to be fair and uniform. The circumstances of any breach of performance or behaviour will be investigated fully by the immediate supervisor/manager. The employee will always be given the opportunity to state their case and seek external assistance if so desired. Disciplinary action may be imposed taken for violation unsatisfactory behaviour or job performance. Repetition of written rules and regulations minor incidents will be dealt with as set forth follows: Responsibilities The employee’s supervisor/manager in conjunction with a representative chosen by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment employee is responsible for following the disciplinary procedure. The General Manager authorises termination of employment. Procedure A written warning will be given by the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had immediate supervisor/manager and recorded on the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice presentemployee’s file. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must will be given the opportunity to explain their position. The employee is to witness and sign the statement acknowledging receipt of the statement and date receivedwarning. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions The warning will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to clearly state: the nature and seriousness circumstances of the offensebreach or offence the improvements to be made, or behaviour which must change an agreed specific time in which to improve what further action will be taken if the desired improvement does not occur If no further offence occurs then the record will be cleared after six (6) months. In the case of more serious misconduct Stage 1 may be omitted and a written warning issued as in Stage 2. Stage 2 - Second Written Warning If the conduct or performance does not improve within the stated time, or in the event of a repeated or more serious offence, the effect employee’s supervisor/manager will interview the alleged conduct has on employee and, if necessary issue a written warning. The employee may have a representative present. The warning will clearly state: the Board’s operationnature and circumstances of the breach or offence the improvements to be made, or behaviour which must change an agreed specific time in which to improve what further action will be taken if the desired improvement does not occur. The warning may indicate that it is a final warning, which could result in dismissal if the breach is repeated or the desired improvement is not made. If no further offence occurs then the record will be cleared after twelve (12) months. Stage 3 - Final Disciplinary Interview If there is no improvement, or a further offence is committed, the discipline or lack thereof used in other similar situations known to the Board, supervisor/manager will conduct an investigation and the appropriateness of the proposed penalty in view of the record and length of service of the charged employeea disciplinary interview with another manager present. The enumeration of these factors is not intended employee will have the opportunity to preclude either the exercise of good explain their position and sound business judgment or to minimize the importance of an employee’s property interest in his jobhave a representative present if desired.

Discipline Procedure. 121.1 This Article was entered into pursuant to Government Code Section 3543.2(b). Disciplinary This Article does not include the termination of any permanent teacher and does not include the implementation of Education Code Sections 44939, 44940, 44941 and 44942 and any amendments to those Sections or successor laws to those Sections. 21.2 An employee in the bargaining unit may be disciplined by the District for just cause. For purposes of this Article, the term "discipline" shall be limited to an involuntary transfer for disciplinary reasons or suspension without pay for up to and including five (5) days and loss of extra compensation. The provisions of this Article shall not apply to involuntary transfers that result from the implementation of Article 12 (Evaluation Procedures) and Exhibit L (The Certificated Evaluation Process for Teachers) of this Agreement. The discipline imposed shall be reasonably related to the seriousness of the misconduct or shall be reasonable in light of the number and frequency of prior incidents of misconduct by the employee. 21.2.1 The following progressive discipline steps shall normally be utilized. However, the process may be initiated at any level if, in the opinion of the supervisor, such action is warranted based on the seriousness of the employee’s misconduct. 21.2.1.1 Verbal warning with option to follow up with a conference summary (may be included in Personnel file); 21.2.1.2 Letter of warning (may be included in Personnel file); 21.2.1.3 Letter of reprimand (for Personnel file). 21.3 Prior to the taking of discipline, the Superintendent or designee shall give written notice to the employee. This written notice of proposed disciplinary action shall be served by mail or personal delivery to the employee at least ten (10) work days prior to the date when discipline may be imposed. In cases of serious misconduct where it is deemed appropriate to remove the employee immediately, the employee may continue to be paid the regular salary during the period of suspension if the employee furnishes to the District a suitable bond, or other security acceptable to the District, as a guarantee that the employee will repay to the District the amount of salary paid to the employee during the period of suspension in the event that this discipline is upheld pursuant to the provisions of this Article. The term serious misconduct does not include the use of reasonable physical force by a teacher against a student in self-defense, or reasonable physical force by a teacher against a student in a reasonable attempt to restrain or direct such student. The term serious misconduct does include the use of unreasonable physical force by a teacher against a student. Loss of compensation in all cases may occur after the tenth (10th) work day following the date written notice was served. 21.4 Upon written request from the employee within five (5) work days of service of the written notice herein, the Superintendent or designee shall not implement the discipline in Provision 21.2 until the final decision is rendered by an arbitrator except in cases of serious misconduct. If the District does not prevail, District will pay all arbitrator fees. If the District prevails, the District and BTA will share arbitrator fees. In cases of serious misconduct, the Superintendent or designee, at the discretion of the Superintendent or designee, may or may not implement discipline in provision 21.2; and any implemen- tation or lack of implementation shall not prejudice or adversely affect any issue as to whether or not a proposed discipline involved serious misconduct. 21.5 The written notice of proposed disciplinary action shall be served by personal delivery or by certified mail. Service by certified mail shall be deemed completed on the date of mailing. The contents of the written notice shall include at least the following: 21.5.1 A statement identifying the District. 21.5.2 A statement in ordinary and concise language of the specific act(s) and omission(s) upon which the proposed disciplinary action is based. 21.5.3 The specific disciplinary action proposed and effective date(s). 21.5.4 The cause(s) or reason(s) for the specific disciplinary action proposed. 21.5.5 A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place. 21.5.6 A statement that the employee has the right to respond to the matters raised in the written notice both orally and in writing, including the submission of affidavits, prior to the end of the ten (10) work days following the date the written notice was served. Nothing contained herein shall prohibit the introduction of evidence at any hearing which may be requested pursuant to this Article. 21.5.7 A statement that the employee, upon request, is entitled to appear personally before the Superintendent or designee regarding the matters raised in the written notice prior to the end of the ten (10) work days following the date the written notice was served. At such meeting, the employee shall be granted a reasonable opportunity to make any representations the employee believes are relevant to the case. 21.5.8 A statement that any disputes arising out of this Article may be submitted to final and binding arbitration as provided in Article 6 (Grievance Procedure) of this Agreement and initiated at Step 3 of the grievance process. All proposed actions against an employee shall be stayed until the arbitrator's decision is rendered, except in cases of serious misconduct or in instances of when the possible consequences of potential repetition requires immediate action, in which case the stated discipline may be imposed for violation of written rules and regulations as set forth by pending the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment outcome of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felonyarbitration. 2. No employee shall be disciplined without first having had 21.6 With respect to probationary employees whose probationary period commenced during the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee 1983-84 fiscal year or other employees; blatant insubordination; or refusal to work)any fiscal year thereafter, the supervisor following provisions shall apply: 21.6.1 The parties acknowledge that such probationary employees may immediately suspend an employee be dismissed or suspended without pay for a specified period of up to three time in excess of fifteen (315) work days without the formal hearing described aboveunder Education Code Section 44948.3. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of Nothing in this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause Article shall be construed and limited to limit such right to dismiss or suspend. Among the reasons that may be deemed sufficient by the District to dismiss or suspend without pay such probationary employees are: 21.6.1.1 Unsatisfactory performance determined pursuant to the nature and seriousness Xxxxx Act (Education Code Sections 44660, et seq.); 21.6.1.2 Cause, as defined in Education Code Section 44932. 21.6.2 The District Superintendent or designee shall give thirty (30) days prior written notice of dismissal not later than March 15 in the case of second-year probationary employees. Notice of suspension without pay shall be given pursuant to Section 21.5 The notice shall include a statement of the offensereasons for the dismissal or suspension and notice of the oppor- tunity to appeal. In the event of a dismissal or suspension for unsatisfactory performance, a copy of the evaluation conducted pursuant to Education Code Section 44664 shall accompany the written notice. 21.6.3 If the notice of dismissal or suspension is given, the effect employee shall have fifteen (15) days from receipt of the alleged conduct has notice of dismissal or suspension to submit to the Board of Education a written request for a hearing. The failure of an employee to request a hearing within fifteen (15) days from receipt of a dismissal or suspension notice shall constitute a waiver of the right to a hearing. The hearing provided for in Section 21.5 shall constitute the hearing on the Board’s operationdismissal or suspension. However, the discipline or lack thereof used in other similar situations known arbitrator's decision shall constitute a recommendation to the Board, Board of Education and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his jobshall be advisory only.

Discipline Procedure. 1. Disciplinary action 2.5.1 To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following procedure in each instance of discipline. 2.5.2 Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be imposed for violation of written rules and regulations offered assistance or training or guidance as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice presentdeemed reasonably necessary in achieving those standards. The employee Employee shall be given a written statement containing the charges and the time and place notice either verbally or in writing of the hearingany disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must Employee may have a support person or representative present and will be given the opportunity to sign respond to any allegations. 2.5.3 The Disciplinary Procedure in Signature Staff Pty Ltd shall be the statement acknowledging receipt following:- (a) Step 1 – Verbal reprimand or Formal Warning The Employee shall be told as soon as possible of any unsatisfactory performance or behaviour. The Employee will be either given a verbal reprimand or a formal warning in writing detailing the allegation of unsatisfactory performance or behaviour and the action required to meet the required standard. The employee may request the presence of a support person or representative. (b) Step 2 – Final Warning Should the discipline matter continue the Employee shall be given a Final Warning or should a discipline matter to be deemed as serious by the Employer sub-clause 2.5.3(a) may be skipped and the Employee be given a Final Warning. (c) Step 3 - Dismissal Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the unsatisfactory performance or behaviour or does not demonstrate a willingness to improve, the Employee may be requested to “show cause”, as to why the Employee’s employment should not be terminated. The Employer shall make a decision based on the evidence and shall either formally discipline the Employee or terminate the employment of the statement and date received. Under emergency conditions as determined by the supervisor Employee in accordance with this Agreement. (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three d) Misconduct (3Immediate Dismissal) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period Nothing in this procedure shall preclude limit the right of further discipline Signature Staff Pty Ltd trading to summarily dismiss an employee for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Articlemisconduct. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors 2.5.4 It is not intended in this procedure that the Employer may only terminate an Employee for instances of the same disciplinary matter. Termination may occur for separate instances of any disciplinary matter where the Employee has indicated a lack of intention to preclude either adhere to the exercise policies and procedures of good the Employer and sound business judgment or has failed to minimize meet the importance requirements of an employee’s property interest in his jobthe Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. A. No employee shall be subject to disciplinary action except for the grounds stated in this Agreement. All discharges of non-probationary employees and suspensions of greater than three (3) days for non-probationary employees shall be subject to review under the grievance procedure. No other discipline shall be grievable. B. Based upon the severity of the situation and the safety concerns for students and other employees, disciplinary action may follow the steps outlined below: 1. Disciplinary action may Verbal Warning (to be imposed for violation of written rules and regulations as set forth by the Board, incompetencedocumented in writing)- First offense 2. Written Warning - Second offense 3. Suspension - Third offense 4. Longer Suspension - Fourth offense 5. Discharge - Fifth offense C. Incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasanceabsence without leave, malfeasance, nonfeasance, failure to observe written standards of conduct or any other failure of good behavior, or conviction any other acts of a felonymisfeasance, malfeasance or non-feasance shall be grounds for disciplinary action. 2. No employee D. Anytime the Board has reason to discipline an employee, it shall be disciplined without first having had the opportunity for done in a hearing, if manner that will best avoid embarrassing the employee so requestsbefore other employees or the public. Directives from supervisors shall not constitute discipline. E. Whenever the Board determines that an employee may be subject to suspension of greater than three (3) days, with a pre-disciplinary conference shall be scheduled to give the employee an OAPSE opportunity to offer an explanation of the alleged conduct. The employee may be represented by the union representative of his/her choice presentchoice, or may, if he/she chooses, waive representation. F. Pre-disciplinary conferences shall be conducted by the Superintendent/designee. The employee Superintendent/designee shall determine what discipline, if any, is appropriate. G. Pre-disciplinary conferences shall not be given a written statement containing required in suspension cases where safety concerns or the charges and the time and place severity of the hearing. offense dictate otherwise. X. The Union President will be provided with a courtesy copy of disciplinary actions. X. Xxxxxx and written statement warnings shall notify the employee of his/her rights to OAPSE representation. The employee must not be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for considered when issuing subsequent discipline after a period of up to two (2) years and suspensions after three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be years, provided within the suspension period. Failure to provide there is no reoccurrence of an opportunity for a hearing during the suspension period shall preclude the right incident of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in similar nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

Discipline Procedure. 1. Disciplinary action may be imposed for violation 8-1 The employment of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment every employee of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of District shall be during good behavior, or conviction of a felony. 2behavior and efficient service (as defined by policies). No regular and regular part-time employee shall be disciplined without first having had reduced in pay or position, suspended, discharged or removed, nor shall the opportunity District take any form of corrective action against any employee except for just cause. The District will give a hearingcopy of all written actions taken to the affected employee upon their inclusion in the personnel file or upon the request of said employee. 8-2 The District agrees that principles of progressive corrective action will be followed with respect to minor offenses. An oral or written warning, if or directive shall be considered non-disciplinary, however, two (like or similar) (2) written warnings within a span of two (2) years will constitute a written reprimand. All other major offenses the district reserves the right to discipline up to and including termination. Minor offenses include but are not limited to: lateness, long breaks, and smoking in buildings, failure to follow school board policy in the use of school property, intentional minor damage of $500.00 or less. Written warnings will be noted, dated and initialed by the affected employee and placed in the employee's personnel file. The Principal/Supervisor will verify any reprimand that originates a level below the Principal/Supervisory level. A written warning usually consists of documentation of a discussion between the Supervisor and the employee so requests, with an OAPSE representative to counsel the employee on discrepancies that have been noted. The District will give a copy of all written actions taken to the affected member upon their inclusion in the personnel file. Warnings shall be removed after two (2) years if there are no like warnings that have been issued within the same two (2) year period. It is the employee's responsibility to review his/her choice presentpersonnel file and request that such material be removed from said file. 8-2-1 Any objections to or allegations regarding such corrective action or documents by the employee may be pursued through the Grievance Procedure as provided herein. 8-2-2 After a hearing before the Superintendent an employee will be subject to immediate dismissal from employment without any written reprimands if insubordinate to the immediate supervisor, or the designated supervisor, or had been under the influence of alcohol or a controlled substance while working or convicted of possession of a controlled substance. 8-2-3 After a hearing before the Superintendent an employee will be subject to immediate dismissal from employment after a total of two (2) written reprimands for any reason. The 8-2-4 Prior to the hearing described in 8-2-2 and 8-2-3 the District will provide the employee shall be given a written statement containing notice of the charges and the time evidence that could lead to immediate dismissal. The hearing will be conducted by the Superintendent. The employee may have the assistance of counsel or an association representative(s) up to two people or an amount equal to the number representing administration at the hearing at the employee' s sole cost. The administration team will notify the employee if the administration has more than three (3) representatives three (3) days prior to the meeting. The employee may present evidence in his/her behalf and place of may examine the District' s evidence at the hearing. The Superintendent will issue a written statement shall notify decision on the employee dismissal within five (5) working days of the hearing. 8-3 It is recognized by the parties that employees may review his/her rights personnel file at any reasonable time upon request. 8-4 For the duration of this Agreement, and any extensions thereof, if an employee, upon examining his/her personnel file, has reason to OAPSE representationbelieve that there are inaccuracies in those documents to which he or she has access, the member may write a memorandum to the Districts Superintendent or his appropriate representative explaining the alleged inaccuracy. The employee must be given the opportunity to sign the statement acknowledging receipt If, upon investigation, such allegation is sustained he or she may do one of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.following: