Common use of DISCIPLINE, SUSPENSION, DISMISSAL Clause in Contracts

DISCIPLINE, SUSPENSION, DISMISSAL. A. Regular employees shall not be disciplined, suspended, reduced in rank or compensation, or dismissed without just cause. All information forming the basis of any such actions shall be made available to the affected employee upon his/her request. The above paragraph shall not apply to the non-renewal of probationary licensed employees, which shall be governed exclusively by ORS Chapter 342 and not covered in any respect by the provisions of Article VIII of this Agreement. Just cause will include: 1. Provision of notice of expectations to employees and of the possible or probable consequences of the employee's conduct. Notice includes but is not limited to information provided in training, policy, and handbooks, or guidelines. 2. District rules or orders reasonably related to the orderly, efficient, and safe operation of the District, and, consistent with what the District, as employer, might properly expect. 3. District effort to discover whether the employee did, in fact, violate or disobey a rule, or order, of management, prior to administering discipline. 4. A fair and objective investigation conducted by the District. 5. Substantial evidence of the employee misconduct. 6. Even handed application of rules, orders, and penalties applied without discrimination. If the district intends to change the enforcement of behavior, it will provide notice to the Association of such intent. 7. Discipline that is reasonably related to the seriousness of the employee's proven offense and the record of the employee. B. The just cause provisions of this Article shall apply to all discipline, suspensions, terminations, dismissals or any other adverse personnel actions against any bargaining unit members except as specifically noted in paragraph A and D. However, since licensed teachers are covered by the provisions of ORS 342.865 (FDAB), any licensed teacher who has been dismissed and who alleges that such action was without just cause may use the grievance procedure of Article VII of this Agreement up through Step 4 (ESD Board). C. Employees shall have the right to have a representative of their choice present at any investigatory interview with their supervisor or the Board, which they reasonably believe might result in disciplinary action. If the employee requests representation, he/she shall be given reasonable time to secure such representation. D. The District retains the right to discipline or dismiss classified and professional employees on probationary status for reasons deemed sufficient by the District. The District’s decision is not a grievable matter. E. Classified or professional employees who have been dismissed shall be entitled to a hearing before the Board if a written request is filed with the Board within fifteen (15) days of the dismissal. F. The District retains the right to suspend a licensed employee pursuant to ORS 342.805 to 342. 937. G. Whenever the Superintendent is of the opinion that immediate placement of an employee on administrative leave is in the best interest of the District, the Superintendent may place an employee on administrative leave for a period of not more than five (5) working days with pay. If additional administrative leave is necessary the Association will be notified and the District and Association may mutually agree to extend the timeline. Prior to the end of administrative leave, the Superintendent will notify in writing the employee and the Association of the outcome of the investigation. Failure to notify the employee in a timely manner shall provide for automatic reinstatement of the employee. H. If discipline is warranted, it will be of a progressive nature, and dependent on the severity of the violation and the employee’s discipline record. Discipline either oral or written will be clearly labeled as such. Discipline may include, but is not limited to, reprimands, suspensions, and termination. Memos/letters of directive shall not be considered discipline. Employees may attach a written statement relating to any discipline document placed in his/her personnel file. I. Written reasons for suspension or termination shall be furnished to the employee. With the employees consent, the District will provide a copy of this information to the Association. J. The results of performance observation shall be covered by Article IX of this Agreement. K. All findings resulting in disciplinary action shall be considered a permanent part of an employee’s personnel file and shall not be removed for any reason. L. Employee discipline and the findings which resulted in the discipline shall be considered stale after 60 months, so long as no other discipline for the same type of conduct occurs. A stale document may not be used for any purpose to support progressive discipline, non-extension, or dismissal.

DISCIPLINE, SUSPENSION, DISMISSAL. A. Regular employees JUST & REASONABLE CAUSE 1. Subject to the provisions of Article C.24 (Probationary Appointments), the Board shall not discipline or dismiss any employee covered by this Agreement save and except for just and reasonable cause. 2. Where a representative of the Board determines that an employee shall be disciplinedformally investigated for any cause, suspendedboth the employee and the Association President shall be advised promptly in writing unless grounds exist for concluding that such notification would prejudice the investigation. In any event, reduced the employee shall be notified at the earliest reasonable time and before any disciplinary action is taken by the Board. This notification shall include advice to the employee of their right to be accompanied by a representative of the Association at any meeting in rank connection with such investigation. 3. The Board shall not suspend (other than a suspension to which Section 15(5), 15(6) and 15(7) of the School Act applies) or compensationdismiss any person bound by this Agreement who is employed under a continuing appointment unless it has, or dismissed without just causeprior to taking such action, held a meeting of representatives of the Board with the employee entitled to be present, in respect which: a. for purposes of the meeting at which a dismissal is to be considered, the representatives of the Board shall include a minimum of three (3) trustees; b. the employee and the Association shall be given seventy-two (72) hours notice; c. at the time such notice is given, the employee and the Association shall be given a statement in writing of the grounds of the contemplated action and all available supporting evidential documents that will be considered by the Board at the meeting. All information forming Any additional evidential documentation that subsequently becomes available and that may be used by the basis of any such actions Board in its deliberations, shall be made available to the affected employee upon his/her requestteacher at the earliest opportunity; d. the teacher shall be entitled to file a written reply to the allegations prior to that meeting. At the meeting the teacher shall be entitled to be accompanied by a member of the Association and/or an advocate appointed by the Association. The above paragraph teacher and their representative shall not apply be entitled to hear all the evidence presented to the non-renewal Board; e. receive copies of probationary licensed employeesall documents placed before the Board, which shall be governed exclusively by ORS Chapter 342 to call witnesses, and not covered to question any person presenting evidence to the Board. 4. Where an employee is suspended under Section 15(5) of the School Act, the Board shall, prior to taking further action under Section 15 (7) of the School Act hold a meeting in any respect by accordance with the provisions of Article VIII of this Agreement. Just cause will include: 1. Provision of notice of expectations C.25.3 above, unless the right to employees and of the possible or probable consequences of the employee's conduct. Notice includes but such meeting is not limited to information provided in training, policy, and handbooks, or guidelines. 2. District rules or orders reasonably related to the orderly, efficient, and safe operation of the District, and, consistent with what the District, as employer, might properly expect. 3. District effort to discover whether the employee did, in fact, violate or disobey a rule, or order, of management, prior to administering discipline. 4. A fair and objective investigation conducted waived by the DistrictAssociation. 5. Substantial evidence Where an employee is disciplined in any way, suspended or dismissed, no official information in respect of the employee misconduct. 6. Even handed application of rules, orders, and penalties applied without discrimination. If the district intends to change the enforcement of behavior, it will provide notice suspension or dismissal shall be released to the Association of such intent. 7. Discipline that is reasonably related to public or the seriousness media except by joint release agreed upon by officials of the employee's proven offense and the record of the employee. B. The just cause provisions of this Article shall apply to all discipline, suspensions, terminations, dismissals or any other adverse personnel actions against any bargaining unit members except as specifically noted in paragraph A and D. However, since licensed teachers are covered by the provisions of ORS 342.865 (FDAB), any licensed teacher who has been dismissed and who alleges that such action was without just cause may use the grievance procedure of Article VII of this Agreement up through Step 4 (ESD Board). C. Employees shall have the right to have a representative of their choice present at any investigatory interview with their supervisor or the Board, which they reasonably believe might result in disciplinary action. If the employee requests representation, he/she shall be given reasonable time to secure such representation. D. The District retains the right to discipline or dismiss classified and professional employees on probationary status for reasons deemed sufficient by the District. The District’s decision is not a grievable matter. E. Classified or professional employees who have been dismissed shall be entitled to a hearing before the Board if a written request is filed with the Board within fifteen (15) days of the dismissal. F. The District retains the right to suspend a licensed employee pursuant to ORS 342.805 to 342. 937. G. Whenever the Superintendent is of the opinion that immediate placement of an employee on administrative leave is in the best interest of the District, the Superintendent may place an employee on administrative leave for a period of not more than five (5) working days with pay. If additional administrative leave is necessary the Association will be notified and the District and Association may mutually agree to extend the timeline. Prior to the end of administrative leave, the Superintendent will notify in writing the employee and the Association of unless there are compelling reasons that make the outcome of the investigation. Failure to notify the employee in a timely manner shall provide for automatic reinstatement of the employee. H. If discipline is warranted, it will be of a progressive nature, and dependent on the severity of the violation and the employee’s discipline record. Discipline either oral or written will be clearly labeled as such. Discipline may include, but is not limited to, reprimands, suspensions, and termination. Memos/letters of directive shall not be considered discipline. Employees may attach a written statement relating to any discipline document placed in his/her personnel file. I. Written reasons for suspension or termination shall be furnished to the employee. With the employees consent, the District will provide a copy application of this information to the Associationclause inappropriate. J. The results of performance observation shall be covered by Article IX of this Agreement. K. All findings resulting in disciplinary action shall be considered a permanent part of an employee’s personnel file and shall not be removed for any reason. L. Employee discipline and the findings which resulted in the discipline shall be considered stale after 60 months, so long as no other discipline for the same type of conduct occurs. A stale document may not be used for any purpose to support progressive discipline, non-extension, or dismissal.

DISCIPLINE, SUSPENSION, DISMISSAL. A. Regular employees JUST & REASONABLE CAUSE 1. Subject to the provisions of Article C.24 (Probationary Appointments), the Board shall not discipline or dismiss any employee covered by this Agreement save and except for just and reasonable cause. 2. Where a representative of the Board determines that an employee shall be disciplinedformally investigated for any cause, suspendedboth the employee and the Association President shall be advised promptly in writing unless grounds exist for concluding that such notification would prejudice the investigation. In any event, reduced the employee shall be notified at the earliest reasonable time and before any disciplinary action is taken by the Board. This notification shall include advice to the employee of his/her right to be accompanied by a representative of the Association at any meeting in rank connection with such investigation. 3. The Board shall not suspend (other than a suspension to which Section 15(5), 15(6) and 15(7) of the School Act applies) or compensationdismiss any person bound by this Agreement who is employed under a continuing appointment unless it has, or dismissed without just causeprior to taking such action, held a meeting of representatives of the Board with the employee entitled to be present, in respect which: a. for purposes of the meeting at which a dismissal is to be considered, the representatives of the Board shall include a minimum of three (3) trustees; b. the employee and the Association shall be given seventy-two (72) hours notice; c. at the time such notice is given, the employee and the Association shall be given a statement in writing of the grounds of the contemplated action and all available supporting evidential documents that will be considered by the Board at the meeting. All information forming Any additional evidential documentation that subsequently becomes available and that may be used by the basis of any such actions Board in its deliberations, shall be made available to the affected employee upon his/her requestteacher at the earliest opportunity; d. the teacher shall be entitled to file a written reply to the allegations prior to that meeting. At the meeting the teacher shall be entitled to be accompanied by a member of the Association and/or an advocate appointed by the Association. The above paragraph teacher and her/his representative shall not apply be entitled to hear all the evidence presented to the non-renewal Board; e. receive copies of probationary licensed employeesall documents placed before the Board, which shall be governed exclusively by ORS Chapter 342 to call witnesses, and not covered to question any person presenting evidence to the Board. 4. Where an employee is suspended under Section 15(5) of the School Act, the Board shall, prior to taking further action under Section 15 (7) of the School Act hold a meeting in any respect by accordance with the provisions of Article VIII of this Agreement. Just cause will include: 1. Provision of notice of expectations C.25.3 above, unless the right to employees and of the possible or probable consequences of the employee's conduct. Notice includes but such meeting is not limited to information provided in training, policy, and handbooks, or guidelines. 2. District rules or orders reasonably related to the orderly, efficient, and safe operation of the District, and, consistent with what the District, as employer, might properly expect. 3. District effort to discover whether the employee did, in fact, violate or disobey a rule, or order, of management, prior to administering discipline. 4. A fair and objective investigation conducted waived by the DistrictAssociation. 5. Substantial evidence Where an employee is disciplined in any way, suspended or dismissed, no official information in respect of the employee misconductsuspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association unless there are compelling reasons that make the application of this clause inappropriate. 6. Even handed application of rulesNotwithstanding Article A.6 (Grievance Procedure), orderswhere a teacher has been suspended or dismissed pursuant to this Article, and penalties applied without discrimination. If the district intends to change the enforcement of behavior, it will provide notice to the Association shall have the option of such intentreferring the matter directly to Arbitration. 7. Discipline that is reasonably related to At an arbitration in respect of the seriousness discipline or dismissal of a teacher, no material from the employee's proven offense and file may be presented unless the record of material was brought to the employee. B. The just cause provisions of this Article shall apply to all discipline, suspensions, terminations, dismissals or any other adverse personnel actions against any bargaining unit members except as specifically noted in paragraph A 's attention and D. However, since licensed teachers are covered by no material from the provisions of ORS 342.865 (FDAB), any licensed teacher who employee's file may be presented when that material has been dismissed and who alleges that such action was without just cause may use removed from the grievance procedure of file pursuant to Article VII of this Agreement up through Step 4 E.24 (ESD BoardPersonnel Files). C. Employees shall have the right to have 8. Conduct of a representative of their choice present at any investigatory interview with their supervisor or the Boardteacher in non-school hours, off school premises and which they reasonably believe might result in disciplinary action. If the employee requests representation, he/she shall be given reasonable time to secure such representation. D. The District retains the right to discipline or dismiss classified and professional employees on probationary status for reasons deemed sufficient by the District. The District’s decision is not a grievable matter. E. Classified or professional employees who have been dismissed shall be entitled to a hearing before the Board if a written request is filed in connection with the Board within fifteen (15) days employment duties of the dismissal. F. The District retains the right to suspend a licensed employee pursuant to ORS 342.805 to 342. 937. G. Whenever the Superintendent is of the opinion that immediate placement of an employee on administrative leave is in the best interest of the Districtteacher, the Superintendent may place an employee on administrative leave for a period of not more than five (5) working days with pay. If additional administrative leave is necessary the Association will be notified and the District and Association may mutually agree to extend the timeline. Prior to the end of administrative leave, the Superintendent will notify in writing the employee and the Association of the outcome of the investigation. Failure to notify the employee in a timely manner shall provide for automatic reinstatement of the employee. H. If discipline is warranted, it will be of a progressive nature, and dependent on the severity of the violation and the employee’s discipline record. Discipline either oral or written will be clearly labeled as such. Discipline may include, but is not limited to, reprimands, suspensions, and termination. Memos/letters of directive shall not be considered discipline. Employees may attach a written statement relating to any discipline document placed in his/her personnel file. I. Written reasons for suspension or termination shall be furnished to the employee. With the employees consent, the District will provide a copy of this information to the Association. J. The results of performance observation shall be covered by Article IX of this Agreement. K. All findings resulting in disciplinary action shall be considered a permanent part of an employee’s personnel file and shall not be removed grounds for any reason. L. Employee discipline and the findings which resulted in the discipline shall be considered stale after 60 months, so long as no other discipline for the same type form of conduct occurs. A stale document may not be used for any purpose to support progressive discipline, non-extension, or dismissalunless such conduct impairs the teacher's ability to perform assigned teacher duties.

DISCIPLINE, SUSPENSION, DISMISSAL. A. Regular employees JUST & REASONABLE CAUSE 1. Subject to the provisions of Article C.14 (Probationary Appointments), the Board shall not discipline or dismiss any employee covered by this Agreement save and except for just and reasonable cause. 2. Where a representative of the Board determines that an employee shall be disciplinedformally investigated for any cause, suspendedboth the employee and the Association President shall be advised promptly in writing unless grounds exist for concluding that such notification would prejudice the investigation. In any event, reduced the employee shall be notified at the earliest reasonable time and before any disciplinary action is taken by the Board. This notification shall include advice to the employee of his/her right to be accompanied by a representative of the Association at any meeting in rank connection with such investigation. 3. The Board shall not suspend (other than a suspension to which Section 15(5), 15(6) and 15(7) of the School Act applies) or compensationdismiss any person bound by this Agreement who is employed under a continuing appointment unless it has, or dismissed without just causeprior to taking such action, held a meeting of representatives of the Board with the employee entitled to be present, in respect which: a. for purposes of the meeting at which a dismissal is to be considered, the representatives of the Board shall include a minimum of three (3) trustees; b. the employee and the Association shall be given seventy-two (72) hours notice; c. at the time such notice is given, the employee and the Association shall be given a statement in writing of the grounds of the contemplated action and all available supporting evidential documents that will be considered by the Board at the meeting. All information forming Any additional evidential documentation that subsequently becomes available and that may be used by the basis of any such actions Board in its deliberations, shall be made available to the affected employee upon his/her requestteacher at the earliest opportunity; d. the teacher shall be entitled to file a written reply to the allegations prior to that meeting. At the meeting the teacher shall be entitled to be accompanied by a member of the Association and/or an advocate appointed by the Association. The above paragraph teacher and her/his representative shall not apply be entitled to hear all the evidence presented to the non-renewal Board; e. receive copies of probationary licensed employeesall documents placed before the Board, which shall be governed exclusively by ORS Chapter 342 to call witnesses, and not covered to question any person presenting evidence to the Board. 4. Where an employee is suspended under Section 15(5) of the School Act, the Board shall, prior to taking further action under Section 15 (7) of the School Act hold a meeting in any respect by accordance with the provisions of Article VIII of this Agreement. Just cause will include: 1. Provision of notice of expectations C.15.3 above, unless the right to employees and of the possible or probable consequences of the employee's conduct. Notice includes but such meeting is not limited to information provided in training, policy, and handbooks, or guidelines. 2. District rules or orders reasonably related to the orderly, efficient, and safe operation of the District, and, consistent with what the District, as employer, might properly expect. 3. District effort to discover whether the employee did, in fact, violate or disobey a rule, or order, of management, prior to administering discipline. 4. A fair and objective investigation conducted waived by the DistrictAssociation. 5. Substantial evidence Where an employee is disciplined in any way, suspended or dismissed, no official information in respect of the employee misconductsuspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association unless there are compelling reasons that make the application of this clause inappropriate. 6. Even handed application of rulesNotwithstanding Article A.6 (Grievance Procedure), orderswhere a teacher has been suspended or dismissed pursuant to this Article, and penalties applied without discrimination. If the district intends to change the enforcement of behavior, it will provide notice to the Association shall have the option of such intentreferring the matter directly to Arbitration. 7. Discipline that is reasonably related to At an arbitration in respect of the seriousness discipline or dismissal of a teacher, no material from the employee's proven offense and file may be presented unless the record of material was brought to the employee. B. The just cause provisions of this Article shall apply to all discipline, suspensions, terminations, dismissals or any other adverse personnel actions against any bargaining unit members except as specifically noted in paragraph A 's attention and D. However, since licensed teachers are covered by no material from the provisions of ORS 342.865 (FDAB), any licensed teacher who employee's file may be presented when that material has been dismissed and who alleges that such action was without just cause may use removed from the grievance procedure of file pursuant to Article VII of this Agreement up through Step 4 E.14 (ESD BoardPersonnel Files). C. Employees shall have the right to have 8. Conduct of a representative of their choice present at any investigatory interview with their supervisor or the Boardteacher in non-school hours, off school premises and which they reasonably believe might result in disciplinary action. If the employee requests representation, he/she shall be given reasonable time to secure such representation. D. The District retains the right to discipline or dismiss classified and professional employees on probationary status for reasons deemed sufficient by the District. The District’s decision is not a grievable matter. E. Classified or professional employees who have been dismissed shall be entitled to a hearing before the Board if a written request is filed in connection with the Board within fifteen (15) days employment duties of the dismissal. F. The District retains the right to suspend a licensed employee pursuant to ORS 342.805 to 342. 937. G. Whenever the Superintendent is of the opinion that immediate placement of an employee on administrative leave is in the best interest of the Districtteacher, the Superintendent may place an employee on administrative leave for a period of not more than five (5) working days with pay. If additional administrative leave is necessary the Association will be notified and the District and Association may mutually agree to extend the timeline. Prior to the end of administrative leave, the Superintendent will notify in writing the employee and the Association of the outcome of the investigation. Failure to notify the employee in a timely manner shall provide for automatic reinstatement of the employee. H. If discipline is warranted, it will be of a progressive nature, and dependent on the severity of the violation and the employee’s discipline record. Discipline either oral or written will be clearly labeled as such. Discipline may include, but is not limited to, reprimands, suspensions, and termination. Memos/letters of directive shall not be considered discipline. Employees may attach a written statement relating to any discipline document placed in his/her personnel file. I. Written reasons for suspension or termination shall be furnished to the employee. With the employees consent, the District will provide a copy of this information to the Association. J. The results of performance observation shall be covered by Article IX of this Agreement. K. All findings resulting in disciplinary action shall be considered a permanent part of an employee’s personnel file and shall not be removed grounds for any reason. L. Employee discipline and the findings which resulted in the discipline shall be considered stale after 60 months, so long as no other discipline for the same type form of conduct occurs. A stale document may not be used for any purpose to support progressive discipline, non-extension, or dismissalunless such conduct impairs the teacher's ability to perform assigned teacher duties.

DISCIPLINE, SUSPENSION, DISMISSAL. A. Regular employees shall not be disciplined, suspended, reduced in rank or compensation, or dismissed without just cause. All information forming the basis of any such actions shall be made available to the affected employee upon his/her their request. The above paragraph shall not apply to the non-renewal of probationary licensed employees, which shall be governed exclusively by ORS Chapter 342 and not covered in any respect by the provisions of Article VIII 8 of this Agreement. Just cause will include: 1. Provision of notice of expectations to employees and of the possible or probable consequences of the employee's conduct. Notice includes but is not limited to information provided in training, policy, and handbooks, or guidelines. 2. District rules or orders reasonably related to the orderly, efficient, and safe operation of the District, and, consistent with what the District, as employer, might properly expect. 3. District effort to discover whether the employee did, in fact, violate or disobey a rule, or order, of management, prior to administering discipline. 4. A fair and objective investigation conducted by the District. 5. Substantial evidence of the employee misconduct. 6. Even handed application of rules, orders, and penalties applied without discrimination. If the district intends to change the enforcement of behavior, it will provide notice to the Association of such intent. 7. Discipline that is reasonably related to the seriousness of the employee's proven offense and the record of the employee. B. The just cause provisions of this Article shall apply to all discipline, suspensions, terminations, dismissals or any other adverse personnel actions against any bargaining unit members except as specifically noted in paragraph A and D. However, since licensed teachers are covered by the provisions of ORS 342.865 (FDAB), any licensed teacher who has been dismissed and who alleges that such action was without just cause may use the grievance procedure of Article VII 7 of this Agreement up through Step 4 (ESD Board). C. Employees shall have the right to have a representative of their choice present at any investigatory interview with their supervisor or the Board, which they reasonably believe might result in disciplinary action. If the employee requests representation, he/she they shall be given reasonable time to secure such representation. D. The District retains the right to discipline or dismiss classified and professional employees on probationary status for reasons deemed sufficient by the District. The District’s decision is not a grievable matter. E. Classified or professional employees who have been dismissed shall be entitled to a hearing before the Board if a written request is filed with the Board within fifteen (15) days of the dismissal. F. The District retains the right to suspend a licensed employee pursuant to ORS 342.805 to 342. 937. G. Whenever the Superintendent is of the opinion that immediate placement of an employee on administrative leave is in the best interest of the District, the Superintendent may place an employee on administrative leave for a period of not more than five (5) working days with pay. If additional administrative leave is necessary necessary, the Association will be notified and the District and Association may mutually agree to extend the timeline. Prior to the end of administrative leave, the Superintendent will notify in writing the employee and the Association of the outcome of the investigation. Failure to notify the employee in a timely manner shall provide for automatic reinstatement of the employee. H. If discipline is warranted, it will be of a progressive nature, and dependent on the severity of the violation and the employee’s discipline record. Discipline either oral or written will be clearly labeled as such. Discipline may include, but is not limited to, reprimands, suspensions, and termination. Memos/letters of directive shall not be considered discipline. Employees may attach a written statement relating to any discipline document placed in his/her their personnel file. I. Written reasons for suspension or termination shall be furnished to the employee. With the employees consent, the District will provide a copy of this information to the Association. J. The results of performance observation shall be covered by Article IX 9 of this Agreement. K. All findings resulting in disciplinary action shall be considered a permanent part of an employee’s personnel file and shall not be removed for any reason. L. Employee discipline and the findings which resulted in the discipline shall be considered stale after 60 months, so long as no other discipline for the same type of conduct occurs. A stale document may not be used for any purpose to support progressive discipline, non-extension, or dismissal.