DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L)
1. The Board shall not discipline or dismiss any person bound by this agreement save for just and reasonable cause.
2. Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing at the earliest reasonable time and before any action is taken by the Board, and the employee shall be advised of the right to be accompanied by a representative of the Association at any interview or meeting in conjunction with such investigation or discipline.
3. The Board shall neither suspend [other than a suspension to which Section 15(5) of the School Act applies] nor dismiss any person bound by this agreement unless it has, prior to considering such action, held a meeting of the Board or a committee of the Board (including the Superintendent of Schools and/or designate) with the employee entitled to be present, in respect of which:
a. the employee and the Association shall be given seventy-two (72) hours' notice of the hearing and a written statement of the grounds for the contemplated action;
b. twenty-four (24) hours prior to the hearing, both parties shall exchange all documents that will be considered at the hearing;
c. the Association, on behalf of the teacher, may file a written reply to the allegations prior to the meeting;
d. at such meeting the teacher may be accompanied by a representative and/or advocate appointed by the Association, who shall be entitled to receive copies of all documents placed before the Board and to ask questions of clarification, procedure and information;
e. in the case of suspension, the meeting referred to herein may be waived by mutual agreement.
4. Differences respecting dismissal and disciplinary action shall be subject to the grievance procedure in Section A, Article 6 of this agreement.
5. Dismissal grievances may be initiated at the Joint Dispute Committee stage of the dispute resolution process, referred to in Section A, Article 6.4.a.
6. A teacher will receive written reasons for any formal discipline at the earliest possible time, and such reasons will contain a statement of the grounds for discipline.
7. Provided the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further discipline, the Board agrees that the statement of the grounds for discipline, and related information, shall be the material relied upon during the arbitration process.
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of that fact immediately unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event the employee and the Association shall be notified at the earliest reasonable time and before any action is taken by the Board. The employee shall be advised of the right to be accompanied by a representative of the Association at any interview in connection with such investigation.
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. 1. The Board shall not dismiss or discipline an employee bound by this Agreement except for just and reasonable cause.
a. A meeting between a teacher and administrative officer or Board representative which pertains to criticism(s) of the performance of job-related duties and is or may become discipline related, is subject to the provisions of Article A.23 (Staff Representatives and Right to Representation). A representative of the Association includes staff representatives, members of the executive of the Association, or others authorized by the Association.
b. Employees shall be informed when material critical of the employee is to be placed on the employee’s personnel file and a copy shall be given to the employee.
c. Material referred to in (b) above which was not given to the employee at the time it was placed on the employee’s personnel file, or material which has been removed from the employee’s personnel file in accordance with Article E.27 shall not be presented at any arbitration involving the discipline or dismissal of the employee.
a. In the event that the Board receives a third party allegation against a teacher, a representative of the Board may interview the student for whom the allegation was made before advising the Association or the employee of the allegation. The purpose of this single interview is to substantiate the allegation directly. In the event that the allegation is substantiated, the Board will conduct an investigation according to the process as outlined in Article C.21.
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. 1. The Board shall not discipline or dismiss any employee bound by this Agreement save and except for just and reasonable cause.
2. Where any employee is under investigation by the Board for any cause which may lead to discipline, the member and the Union shall be immediately advised.
a. Where discipline may lead to suspension or dismissal the employee and the Union shall be advised in writing of that fact and of the particulars of any allegations then available unless such notification would prejudice the investigation. In any event the employee and the Union shall be notified of those matters at the earliest reasonable time and before any action is taken by the Board.
b. The employee shall be represented by the ADTU pursuant to Article A.22.3 "
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. 1. The Board shall not discipline or dismiss any person bound by this agreement save and except for just and reasonable cause.
2. Prior to the Board charging an employee with misconduct, the employee shall be advised in writing of that fact.
a. The teacher shall be advised of the right to be accompanied by a representative of the Association at any meeting in connection with such a charge.
3. Where the Board considers that just and reasonable cause to suspend or dismiss a teacher for misconduct exists, the Board shall proceed as follows.
a. When a teacher is suspended, the President of the Association shall be immediately informed, in writing.
b. The Board shall provide the teacher with a written statement of the grounds on which the teacher is suspended or dismissed and a copy of all documents that will be considered by the Board seventy-two (72) hours prior to the meeting referred to in Article C.25.3.
i. The teacher shall have the right to file a written reply to the allegations prior to the meeting.
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. 1. The Board shall not dismiss or discipline an employee bound by this Agreement except for just and reasonable cause.
a. A meeting between a teacher and administrative officer or Board representative which pertains to criticism(s) of the performance of job-related duties and is or may become discipline related, is subject to the provisions of Article A.23 (Staff Representatives and Right to Representation). A representative of the Association includes staff representatives, members of the executive of the Association, or others authorized by the Association.
b. Employees shall be informed when material critical of the employee is to be placed on the employee’s personnel file and a copy shall be given to the employee. SD #71 (Comox Valley) and Comox District Teachers’ Association 2019 – 2022 Working Document FINAL: May 9, 2023 c. Material referred to in (b) above which was not given to the employee at the time it was placed on the employee’s personnel file, or material which has been removed from the employee’s personnel file in accordance with Article E.27 shall not be presented at any arbitration involving the discipline or dismissal of the employee.
3. a. In the event that the Board receives a third party allegation against a teacher, a representative of the Board may interview the student for whom the allegation was made before advising the Association or the employee of the allegation. The purpose of this single interview is to substantiate the allegation directly. In the event that the allegation is substantiated, the Board will conduct an investigation according to the process as outlined in Article C.21.
3. In the event the allegation is not substantiated, the Board will, without delay, advise the teacher and the Association of the allegation and the result of the interview.
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. Just and Reasonable Cause: Due Process (P)
1. The Board shall not discipline or dismiss any person bound by this Agreement save and except for just and reasonable cause.
2. Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of that fact and of the particulars of any allegations immediately, unless substantial grounds exist for concluding that such notification would prejudice the investigation, and, in any event, shall be notified of those matters at the earliest reasonable time and before any action is taken by the Board. The employee shall be advised of the right to be accompanied by a representative of the Association at any meeting in connection with such investigation.
3. The Board shall not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies) or dismiss any person bound by this Agreement unless it has, prior to considering such action, held a meeting of the Board with the employee entitled to be present, unless the Association waives the right to such meeting, in respect of which:
a. the employee and the Association shall be given seventy two (72) hours' notice; b at the same time such notice is given, the employee and the Association shall be given a full and complete statement, in writing, of the grounds for the contemplated action and all documents that will be considered at the meeting;
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. 1. The Board shall not discipline or dismiss any person bound by this agreement save and except for just and reasonable cause.
2. Prior to the Board charging an employee with misconduct, the employee shall be advised in writing of that fact.
a. The teacher shall be advised of the right to be accompanied by a representative of the Association at any meeting in connection with such a charge.
3. Where the Board considers that just and reasonable cause to suspend or dismiss a teacher for misconduct exists, the Board shall proceed as follows.
a. When a teacher is suspended, the President of the Association shall be immediately informed, in writing.
b. The Board shall provide the teacher with a written statement of the grounds on which the teacher is suspended or dismissed and a copy of all documents that will be considered by the Board seventy-two (72) hours prior to the meeting referred to in C.17.3.c.
i. The teacher shall have the right to file a written reply to the allegations prior to the meeting.
c. The Board shall, within no less than seventy-two (72) hours, convene a meeting of the Board which shall be held not later than seven (7) days after the day on which the suspension of the teacher takes effect.
i. The teacher shall be entitled to be accompanied by a member of the Association and by an advocate appointed by the Association or the Federation.
ii. All material presented at such a meeting shall be in writing.
iii. The teacher and/or their advocate has the right to address all material and present documentation, in addition to presenting a summary statement.
DISMISSAL AND DISCIPLINE FOR MISCONDUCT. C.12.1 The Board shall not discipline or dismiss any person bound by this agreement save for just and reasonable cause.
C.12.2 Where an employee is under investigation by the Board for any cause, the employee and the Union shall be advised in writing of the fact and of the particulars of any allegations at the earliest reasonable time and before any action is taken by the Board, and the employee shall be advised of the right to be accompanied by a representative of the Union at any interview or meeting in conjunction with such investigation or discipline.
C.12.3 The Board shall neither suspend (other than a suspension to which Section 15 of the School Act,
DISMISSAL AND DISCIPLINE FOR MISCONDUCT
