DISCIPLINE - SUSPENSION AND DISCHARGE PROCESS. a. When a Principal or an immediate supervisor learns of an allegation which they believe might lead to a suspension or discharge and the allegation is specific to a teacher, the Principal or supervisor, as applicable, will obtain the particulars of the allegation from the person(s) making the allegation. b. Unless the Principal or supervisor has reasonable grounds to believe that the investigation of the allegation might be prejudiced or interfere with any criminal or other lawful investigation, the Principal or supervisor and, if they desire another person will meet as soon as reasonably possible with the teacher and, if they desire, a B.T.A. or school staff representative. In the event that a teacher does not have a representative present then the teacher will be advised of that opportunity. The Principal or supervisor will first advise the teacher of the particulars of the allegation and will then request as full a response as is possible. c. Subsequent to further investigation, the Principal or supervisor and, if they desire, another person may again meet with the teacher and, if they desire, a representative of the B.T. A. New information and/or new similar fact allegations will be shared with the teacher. d. There will be no disciplinary suspension or dismissal of a teacher prior to the teacher being given the opportunity to discuss the allegation with either the Board or a Board Committee empowered to make a decision on behalf of the Board. A suspension with pay or a reassignment with pay pending a decision of the Board or Committee will not be considered discipline. Section 15(5) of the School Act applies notwithstanding this provision. e. A teacher who is suspended shall not suffer a loss of pay prior to the date of the decision of the Board or Board Committee as provided for in Article C.31.2.n herein. f. Recognizing that the Board is accountable to the community, nothing in this provision shall preclude the right of the Board to be promptly advised in general terms that an allegation has been made and that an investigation is in progress. The name of the teacher involved, however, will not be provided until the meeting of the Board or Board Committee referred to herein. g. The teacher and Association will be given at least 72 hours notice of the opportunity to meet with the Board or a Board Committee. At the same time, the teacher and the Association will be given relevant documentation and written particulars as are then known.
Appears in 2 contracts
Samples: Provincial Collective Agreement, Provincial Collective Agreement
DISCIPLINE - SUSPENSION AND DISCHARGE PROCESS. a. When a Principal or an immediate supervisor learns of an allegation which they believe he/she believes might lead to a suspension or discharge and the allegation is specific to a teacher, the Principal or supervisor, as applicable, will obtain the particulars of the allegation from the person(s) making the allegation.
b. Unless the Principal or supervisor has reasonable grounds to believe that the investigation of the allegation might be prejudiced or interfere with any criminal or other lawful investigation, the Principal or supervisor and, if they desire he/she desires, another person will meet as soon as reasonably possible with the teacher and, if they desirehe/she desires, a B.T.A. or school staff representative. In the event that a teacher does not have a representative present then the teacher will be advised of that opportunity. The Principal or supervisor will first advise the teacher of the particulars of the allegation and will then request as full a response as is possible.
c. Subsequent to further investigation, the Principal or supervisor and, if they desirehe/she desires, another person may again meet with the teacher and, if they desirehe/she desires, a representative of the B.T.
A. New information and/or new similar fact allegations will be shared with the teacher.
d. There will be no disciplinary suspension or dismissal of a teacher prior to the teacher being given the opportunity to discuss the allegation with either the Board or a Board Committee empowered to make a decision on behalf of the Board. A suspension with pay or a reassignment with pay pending a decision of the Board or Committee will not be considered discipline. Section 15(5) of the School Act applies notwithstanding this provision.
e. A teacher who is suspended shall not suffer a loss of pay prior to the date of the decision of the Board or Board Committee as provided for in Article C.31.2.n herein.
f. Recognizing that the Board is accountable to the community, nothing in this provision shall preclude the right of the Board to be promptly advised in general terms that an allegation has been made and that an investigation is in progress. The name of the teacher involved, however, will not be provided until the meeting of the Board or Board Committee referred to herein.
g. The teacher and Association will be given at least 72 hours notice of the opportunity to meet with the Board or a Board Committee. At the same time, the teacher and the Association will be given relevant documentation and written particulars as are then known.
h. Any other documents to be placed before the Board or its designated Board Committee will be exchanged by the representatives of the parties 24 hours prior to the meeting.
i. The Chair of the Board or of the Board Committee, as the case may be, will chair the meeting and will use fair hearing practices. The Chair and Trustees will be able to request advice from a resource not a party to the proceeding.
j. Both the teacher and the School District have the right to be accompanied by a representative at the meeting. If the teacher is to be represented by someone not a member of the Association, then notice of such will be given to the School District as soon as possible so that the School District is able to obtain outside representation.
k. The purpose of the meeting is to facilitate well informed decision-making. At such meeting, the teacher may be accompanied by two representatives and/or an advocate appointed by the Association.
l. Representatives of the school district and the teacher will be entitled to make submissions, advise as to the statements of persons, hear all of the information presented, receive copies of the documents placed before the Board or Board committee, ask questions of clarification, procedure and information, invite their own witnesses who can give first hand information as to the allegation, and to engage in discussion.
m. In the event that additional information becomes available or if a representative wishes to place additional documents before the Board or the Board Committee which would cause an unfairness to result through surprise or unpreparedness, then the meeting will be adjourned for at least 48 hours, unless mutually agreed otherwise, and rescheduled to allow the parties to better respond. Further, the Board or the Board Committee may request information from the parties and where it feels it necessary similarly adjourn the meeting.
n. The decision of the Board or Board Committee, as the case may be, will be communicated with the reason(s) in writing to the teacher and the Association.
o. The process provided for herein shall not be deemed invalid by reason of a defect in form, a technical irregularity, or an error of procedure that does not result in a denial of natural justice.
p. The Board and the Association agree to consult with each other and attempt to agree on the release of information to the media or public with respect to the suspension or dismissal of a teacher. Prior to a grievance settlement or the decision of a grievance arbitration, neither the Board nor the Association will release details regarding a disciplinary suspension or dismissal to the media or the public. Where the Board feels that it is in the public interest, it may respond to concerns regarding the safety and educational program of students.
Appears in 1 contract
Samples: Provincial Collective Agreement
DISCIPLINE - SUSPENSION AND DISCHARGE PROCESS. a. When a Principal or an immediate supervisor learns of an allegation which they believe he/she believes might lead to a suspension or discharge and the allegation is specific to a teacher, the Principal or supervisor, as applicable, will obtain the particulars of the allegation from the person(s) making the allegation.
b. Unless the Principal or supervisor has reasonable grounds to believe that the investigation of the allegation might be prejudiced or interfere with any criminal or other lawful investigation, the Principal or supervisor and, if they desire he/she desires, another person will meet as soon as reasonably possible with the teacher and, if they desirehe/she desires, a B.T.A. or school staff representative. In the event that a teacher does not have a representative present then the teacher will be advised of that opportunity. The Principal or supervisor will first advise the teacher of the particulars of the allegation and will then request as full a response as is possible.
c. Subsequent to further investigation, the Principal or supervisor and, if they desirehe/she desires, another person may again meet with the teacher and, if they desirehe/she desires, a representative of the B.T.
A. New information and/or new similar fact allegations will be shared with the teacher.
d. There will be no disciplinary suspension or dismissal of a teacher prior to the teacher being given the opportunity to discuss the allegation with either the Board or a Board Committee empowered to make a decision on behalf of the Board. A suspension with pay or a reassignment with pay pending a decision of the Board or Committee will not be considered discipline. Section 15(5) of the School Act applies notwithstanding this provision.
e. A teacher who is suspended shall not suffer a loss of pay prior to the date of the decision of the Board or Board Committee as provided for in Article C.31.2.n herein.
f. Recognizing that the Board is accountable to the community, nothing in this provision shall preclude the right of the Board to be promptly advised in general terms that an allegation has been made and that an investigation is in progress. The name of the teacher involved, however, will not be provided until the meeting of the Board or Board Committee referred to herein.
g. The teacher and Association will be given at least 72 hours notice of the opportunity to meet with the Board or a Board Committee. At the same time, the teacher and the Association will be given relevant documentation and written particulars as are then known.
Appears in 1 contract
Samples: Provincial Collective Agreement and Local Matters Agreement
DISCIPLINE - SUSPENSION AND DISCHARGE PROCESS. a. When a Principal principal or an immediate supervisor learns of an allegation which they believe believes might lead to a suspension or discharge and the allegation is specific to a teacher, the Principal principal or supervisor, as applicable, will obtain the particulars of the allegation from the person(s) making the allegation.
b. . Unless the Principal principal or supervisor has reasonable grounds to believe that the investigation of the allegation might be prejudiced or interfere with any criminal or other lawful investigation, the Principal principal or supervisor and, if they desire desires, another person will meet as soon as reasonably possible with the teacher and, if they desiredesires, a B.T.A. or school staff representative. In the event that a teacher does not have a representative present then the teacher will be advised of that opportunity. The Principal principal or supervisor will first advise the teacher of the particulars of the allegation and will then request as full a response as is possible.
c. , Subsequent to further investigation, the Principal principal or supervisor and, if they desiredesires, another person may again meet with the teacher and, if they desiredesires, a representative of the B.T.
A. New information and/or new similar fact allegations will be shared with the teacher.
d. There will be no disciplinary suspension or dismissal of a teacher prior to the teacher being given the opportunity to discuss the allegation with either the Board or a Board Committee empowered to make a decision on behalf of the Board. A suspension with pay or a reassignment with pay pending a decision of the Board or Committee will not be considered discipline. Section 15(5) of the School Act applies notwithstanding this provision.
e. . A teacher who is suspended shall not suffer a loss of pay prior to the date of the decision of the Board or Board Committee as provided for in Article C.31.2.n section herein.
f. . Recognizing that the Board is accountable to the communityCommunity, nothing in this provision shall preclude the right of the Board to be promptly advised in general terms that an allegation has been made and that an investigation is in progress. The name of the teacher involved, however, will not be provided until the meeting of the Board or Board Committee referred to herein.
g. The teacher and Association will be given at least 72 hours notice of the opportunity to meet with the Board or a Board Committee. At the same time, the teacher and the Association will be given relevant documentation and written particulars as are then known. Any other documents to be placed before the Board or its designated Board Committee will be exchanged by the representatives of the parties hours prior to the meeting. The Chair of the Board or of the Board as the case may be, will chair the meeting and will use fair hearing practices. The Chair and Trustees will be able to request advice from a resource not a party to the proceeding. Both the teacher and the school district have the right to be accompanied by a representative at the meeting. If the teacher is to be represented by someone not a member of the Association, then notice of such will be given to the district as soon as possible so that the school district able to obtain outside representation. The purpose of the meeting is to facilitate well informed decision-making. At such meeting, the teacher may be accompanied by two representatives and/or an advocate be entitled to make submissions, advise as to the statements of persons, hear all of the information presented, receive copies of the documents placed before the Board or Board committee, ask questions of clarification, procedure and information, invite their own witnesses who can give first hand information as to the allegation, and to engage in discussion. In the event that additional information becomes available or a representative wishes to place additional documents before the Board or the Board which would cause an unfairness to result through surprise or unpreparedness, then the meeting will be adjourned for at least hours, unless mutually agreed otherwise, and rescheduled to allow the parties to better respond. Further, the Board or the Board by reason of a defect in form, a technical irregularity, or an error of procedure that does not result in a denial natural justice. The Board and the Association agree to consult with each other and attempt to agree on the release of to the media or public with respect to the suspension or dismissal of a teacher. Prior to a grievance settlement or the decision of a grievance arbitration, neither the nor the Association will release details regarding a disciplinary suspension or dismissal to the or the public. Where the Board feels that it is in the public interest, it may respond to concerns regarding the safety and educational program of students.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE - SUSPENSION AND DISCHARGE PROCESS. a. When a Principal or an immediate supervisor learns of an allegation which they believe he/she believes might lead to a suspension or discharge and the allegation is specific to a teacher, the Principal or supervisor, as applicable, will obtain the particulars of the allegation from the person(s) making the allegation.
b. Unless the Principal or supervisor has reasonable grounds to believe that the investigation of the allegation might be prejudiced or interfere with any criminal or other lawful investigation, the Principal or supervisor and, if they desire he/she desires, another person will meet as soon as reasonably possible with the teacher and, if they desirehe/she desires, a B.T.A. or school staff representative. In the event that a teacher does not have a representative present then the teacher will be advised of that opportunity. The Principal or supervisor will first advise the teacher of the particulars of the allegation and will then request as full a response as is possible.
c. Subsequent to further investigation, the Principal or supervisor and, if they desirehe/she desires, another person may again meet with the teacher and, if they desirehe/she desires, a representative of the B.T.
A. New information and/or new similar fact allegations will be shared with the teacher.
d. There will be no disciplinary suspension or dismissal of a teacher prior to the teacher being given the opportunity to discuss the allegation with either the Board or a Board Committee empowered to make a decision on behalf of the Board. A suspension with pay or a reassignment with pay pending a decision of the Board or Committee will not be considered discipline. Section 15(5) of the School Act applies notwithstanding this provision.
e. A teacher who is suspended shall not suffer a loss of pay prior to the date of the decision of the Board or Board Committee as provided for in Article C.31.2.n section C.32.2.n herein.
f. Recognizing that the Board is accountable to the community, nothing in this provision shall preclude the right of the Board to be promptly advised in general terms that an allegation has been made and that an investigation is in progress. The name of the teacher involved, however, will not be provided until the meeting of the Board or Board Committee referred to herein.
g. The teacher and Association will be given at least 72 hours notice of the opportunity to meet with the Board or a Board Committee. At the same time, the teacher and the Association will be given relevant documentation and written particulars as are then known.
Appears in 1 contract
Samples: Provincial Collective Agreement