Common use of DISMISSAL AND DISCIPLINE FOR MISCONDUCT; JUST AND REASONABLE CAUSE Clause in Contracts

DISMISSAL AND DISCIPLINE FOR MISCONDUCT; JUST AND REASONABLE CAUSE. DUE PROCESS 1. The Board shall not discipline nor dismiss any employee 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 Union 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, and the employee shall be advised of the right to be accompanied by a representative of the Union at any meeting in connection with such investigation. 3. Unless the Union waives the right to such meeting, the Board shall not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies) nor dismiss any person bound by this Agreement unless it has, prior to considering such action, held a meeting of the Board with the employee entitled to be present, in respect of which: a. the employee and the Union shall be given not less than seventy-two (72) hours' notice; b. at the time such notice is given, the employee and the Union 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; c. the Union on behalf of the teacher may file a written reply to the allegations prior to the meeting; d. at such meeting the employee shall be accompanied by representatives and/or advocate appointed by the Union, and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board and to question any person presenting evidence to the Board; e. the decision of the Board shall contain a full and complete statement of the grounds for the decision. 4. Where an employee is suspended under Section 15(5), the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Union. 5. The Board shall not release to the media or the public information in respect of the discipline or dismissal of an employee except as agreed by the Union or by joint release agreed upon by the Board and the Union. 6. Notwithstanding Article A.6 (Grievance Procedure) where an employee has been dismissed, the Union shall have the option of referring a grievance regarding the dismissal directly to arbitration provided for in that article. 7. At an arbitration in respect of the discipline or dismissal of an employee, no material of a disciplinary nature from the employee's file may be presented unless the material was brought to the employee's attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.31 (Personnel Files) may be presented. 8. Where an employee has been suspended on grounds set out in Section 15(4) of the School Act, the employee shall be reinstated with full pay for the period of such suspension, unless on the final disposition of the matter, the employee is convicted of the offense charged.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT; JUST AND REASONABLE CAUSE. DUE PROCESS 1. 20.1 The Board shall not dismiss or discipline nor dismiss any employee a teacher bound by this Agreement save and except for just and reasonable cause. 2. 20.2 Where an employee a teacher is under investigation by the Board for any cause, the employee teacher and the Union Association shall be advised in writing of that fact and of the particulars of allegations, all without unnecessary delay, subject to any allegations immediately unless substantial grounds exist for concluding that exceptions established in law at such notification would time or so as not to prejudice an investigation into the investigation, and in matter. In any event shall the teacher and the Association will be notified of those matters at the earliest reasonable time and advised without further delay before any action is taken by the Board, and the employee . The teacher shall be advised of the right to be accompanied by a representative of the Union Association at any meeting in connection with such investigation. 3. 20.3 Unless the Union waives teacher and the Association waive the right to such meeting, a meeting the Board shall not discipline suspend (other than a suspension to which Section 15(5) 15.5 of the School Act Act, R.S.B.C. 1996, c.412 with amendments reasonably applies) nor 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Union Association shall be given not less than at least seventy-two (72) hours' hours notice; b. at the time such notice is given, given to the employee teacher and the Union shall be given Association a full and complete statement in writing of the grounds for the contemplated action and all evidentiary documents that will are intended to be considered at the meeting shall be given to the teacher and the Association. If further relevant information becomes available within the seventy-two (72) hour period, this information shall be communicated forthwith to the teacher and the Association prior to the meeting; c. the Union Association on behalf of the teacher may file a written reply to the allegations prior to the meeting; d. at such the teacher and/or his/her representative may attend the meeting the employee shall be accompanied by representatives and/or advocate appointed by the Union, and they shall be entitled to receive copies of all evidentiary documents placed before the Board, to hear all the evidence submissions presented to the Board, to receive copies of all documents placed before the Board and to question any person presenting evidence to ask questions. The teacher and/or his/her representative may make written or verbal submissions during the Boardmeeting. Any written summary prepared by either party shall be tabled at the meeting; e. the decision of the Board shall contain a full be communicated in writing to the teacher and complete statement of the Association and shall set out the grounds for the Board's decision; f. at any time up to the conclusion of the meeting referred to in Article C.20.4, the teacher or the Superintendent of Schools shall be granted on request a delay of the process for up to a maximum of seven (7) days. Accordingly, the parties shall also agree to extend the suspension, if imposed, to the date of notification of the teacher of the Board's decision. 4. 20.4 Where an employee a teacher is suspended under Section 15(5)15.5 of the School Act, R.S.B.C. 1996, c.412 with amendments, the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with 15.7 of the foregoing provisions, unless School Act, 20.5 Neither the right to such meeting is waived by Board nor the Union. 5. The Board Association shall not release to the media or the public public, information in respect of the discipline or dismissal of an employee a teacher except as agreed by the Union joint agreement or by joint release agreed upon by the Board and the UnionAssociation. 6. Notwithstanding Article A.6 (Grievance Procedure) where an employee has been dismissed, the Union shall have the option of referring a grievance regarding the dismissal directly to arbitration provided for in that article. 7. At an arbitration in respect of the discipline or dismissal of an employee, no material of a disciplinary nature from the employee's file may be presented unless the material was brought to the employee's attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.31 (Personnel Files) may be presented. 8. Where an employee has been suspended on grounds set out in Section 15(4) of the School Act, the employee shall be reinstated with full pay for the period of such suspension, unless on the final disposition of the matter, the employee is convicted of the offense charged.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT; JUST AND REASONABLE CAUSE. DUE PROCESS 1. 20.1 The Board shall not dismiss or discipline nor dismiss any employee a teacher bound by this Agreement save and except for just and reasonable cause. 2. 20.2 Where an employee a teacher is under investigation by the Board for any cause, the employee teacher and the Union Association shall be advised in writing of that fact and of the particulars of allegations, all without unnecessary delay, subject to any allegations immediately unless substantial grounds exist for concluding that exceptions established in law at such notification would time or so as not to prejudice an investigation into the investigation, and in matter. In any event shall the teacher and the Association will be notified of those matters at the earliest reasonable time and advised without further delay before any action is taken by the Board, and the employee . The teacher shall be advised of the right to be accompanied by a representative of the Union Association at any meeting in connection with such investigation. 3. 20.3 Unless the Union waives teacher and the Association waive the right to such meeting, a meeting the Board shall not discipline suspend (other than a suspension to which Section 15(5) 15.5 of the School Act Act, R.S.B.C. 1996, c.412 with amendments reasonably applies) nor 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Union Association shall be given not less than at least seventy-two (72) hours' hours notice; b. at the time such notice is given, given to the employee teacher and the Union shall be given Association a full and complete statement in writing of the grounds for the contemplated action and all evidentiary documents that will are intended to be considered at the meeting shall be given to the teacher and the Association. If further relevant information becomes available within the seventy-two (72) hour period, this information shall be communicated forthwith to the teacher and the Association prior to the meeting; c. the Union Association on behalf of the teacher may file a written reply to the allegations prior to the meeting; d. at such the teacher and/or their representative may attend the meeting the employee shall be accompanied by representatives and/or advocate appointed by the Union, and they shall be entitled to receive copies of all evidentiary documents placed before the Board, to hear all the evidence submissions presented to the Board, to receive copies of all documents placed before the Board and to question any person presenting evidence to ask questions. The teacher and/or their representative may make written or verbal submissions during the Boardmeeting. Any written summary prepared by either party shall be tabled at the meeting; e. the decision of the Board shall contain a full be communicated in writing to the teacher and complete statement of the Association and shall set out the grounds for the Board's decision; f. at any time up to the conclusion of the meeting referred to in Article C.20.4, the teacher or the Superintendent of Schools shall be granted on request a delay of the process for up to a maximum of seven (7) days. Accordingly, the parties shall also agree to extend the suspension, if imposed, to the date of notification of the teacher of the Board's decision. 4. 20.4 Where an employee a teacher is suspended under Section 15(5)15.5 of the School Act, R.S.B.C. 1996, c.412 with amendments, the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Union. 5. The Board shall not release to the media or the public information in respect of the discipline or dismissal of an employee except as agreed by the Union or by joint release agreed upon by the Board and the Union. 6. Notwithstanding Article A.6 (Grievance Procedure) where an employee has been dismissed, the Union shall have the option of referring a grievance regarding the dismissal directly to arbitration provided for in that article. 7. At an arbitration in respect of the discipline or dismissal of an employee, no material of a disciplinary nature from the employee's file may be presented unless the material was brought to the employee's attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.31 (Personnel Files) may be presented. 8. Where an employee has been suspended on grounds set out in Section 15(4) 15.7 of the School Act, the employee shall be reinstated with full pay for the period of such suspension, unless on the final disposition of the matter, the employee is convicted of the offense charged.,

DISMISSAL AND DISCIPLINE FOR MISCONDUCT; JUST AND REASONABLE CAUSE. DUE PROCESS 1. 1.1 The Board shall not dismiss or discipline nor dismiss any employee a teacher bound by this Agreement save and except for just and reasonable cause. 2. 1.2 Where an employee a teacher is under investigation by the Board for any cause, the employee teacher and the Union Association shall be advised in writing of that fact and of the particulars of allegations, all without unnecessary delay, subject to any allegations immediately unless substantial grounds exist for concluding that exceptions established in law at such notification would time or so as not to prejudice an investigation into the investigation, and in matter. In any event shall the teacher and the Association will be notified of those matters at the earliest reasonable time and advised without further delay before any action is taken by the Board, and the employee . The teacher shall be advised of the right to be accompanied by a representative of the Union Association at any meeting in connection with such investigation. 3. 1.3 Unless the Union waives teacher and the Association waive the right to such meeting, a meeting the Board shall not discipline suspend (other than a suspension to which Section 15(5) 15.5 of the School Act reasonably applies) nor 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 teacher entitled to be present, in respect of which: a. (a) the employee teacher and the Union Association shall be given not less than at least seventy-two (72) hours' hours notice; b. (b) at the time such notice is given, given to the employee teacher and the Union shall be given Association a full and complete statement in writing of the grounds for the contemplated action and all evidentiary documents that will are intended to be considered at the meeting shall be given to the teacher and the Association. If further relevant information becomes available within the seventy- two (72) hour period, this information shall be communicated forthwith to the teacher and the Association prior to the meeting; c. (c) the Union Association on behalf of the teacher may file a written reply to the allegations prior to the meeting; d. at such (d) the teacher and/or his/her representative may attend the meeting the employee shall be accompanied by representatives and/or advocate appointed by the Union, and they shall be entitled to receive copies of all evidentiary documents placed before the Board, to hear all the evidence submissions presented to the Board, to receive copies of all documents placed before the Board and to question any person presenting evidence to ask questions. The teacher and/or his/her representative may make written or verbal submissions during the Boardmeeting. Any written summary prepared by either party shall be tabled at the meeting; e. (e) the decision of the Board shall contain a full be communicated in writing to the teacher and complete statement of the Association and shall set out the grounds for the Board's decision; (f) at any time up to the conclusion of the meeting referred to in Article C.1.4, the teacher or the Superintendent of Schools shall be granted on request a delay of the process for up to a maximum of seven (7) days. Accordingly, the parties shall also agree to extend the suspension, if imposed, to the date of notification of the teacher of the Board's decision. 4. 1.4 Where an employee a teacher is suspended under Section 15(5)15.5 of the School Act, the Board shall, prior to taking further action under Section 15(7)15.7 of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the UnionAssociation. 5. The 1.5 Neither the Board nor the Association shall not release to the media or the public public, information in respect of the discipline or dismissal of an employee a teacher except as agreed by the Union joint agreement or by joint release agreed upon by the Board and the UnionAssociation. 6. Notwithstanding Article A.6 (Grievance Procedure) where an employee has been dismissed, the Union shall have the option of referring a grievance regarding the dismissal directly to arbitration provided for in that article. 7. At an arbitration in respect of the discipline or dismissal of an employee, no material of a disciplinary nature from the employee's file may be presented unless the material was brought to the employee's attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.31 (Personnel Files) may be presented. 8. Where an employee has been suspended on grounds set out in Section 15(4) of the School Act, the employee shall be reinstated with full pay for the period of such suspension, unless on the final disposition of the matter, the employee is convicted of the offense charged.