Common use of DISMISSAL AND DISCIPLINE FOR MISCONDUCT Clause in Contracts

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. (L) 1. The Board shall not discipline or nor dismiss any person employee bound by this agreement 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 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. In any event, the employee shall be notified of those matters at the earliest reasonable time and before any action is taken by the Board, and the . The employee shall be advised of the right to be accompanied by a representative of the Association Union at any interview or meeting in conjunction connection with such investigation investigation. Subject to Article A.25 (Access to Worksite), the President or disciplinedesignate, including legal counsel, may meet with employees in order to conduct investigations of allegations made against members. 3. The Unless the Union waives the right to such meeting, the Board shall neither suspend [not discipline (other than a suspension to which Section 15(515 (5) of the School Act reasonably applies] ) nor dismiss any person bound by this agreement the Collective 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 Union shall be given seventy-not less than seventy- two (72) hours' notice; b. at the time such notice of is given, the hearing employee and the Union shall be given a written full and complete statement in writing of the grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the Association, Union on behalf of the teacher, teacher may file a written reply to the allegations prior to the meeting; d. at such meeting the teacher may employee shall be accompanied by a representative representatives and/or advocate appointed by the AssociationUnion, who and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, and to ask questions of clarification, procedure and informationquestion any person presenting evidence to the Board; e. in the case decision of suspension, the meeting referred to herein may be waived by mutual agreement. 4. Differences respecting dismissal and disciplinary action Board shall be subject communicated in writing to the grievance procedure in Section A, Article 6 of this agreement. 5. Dismissal grievances may be initiated at employee and 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, Union and such reasons will shall contain a full and complete statement of the grounds for disciplinethe 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. Provided The Board shall not release to the conduct media or the public information in respect of the discipline or dismissal of an employee subsequent to except as agreed by the decision to discipline does not give rise to the need for further discipline, Union or by joint release agreed upon by the Board agrees that and the statement of the grounds for discipline, and related information, shall be the material relied upon during the arbitration processUnion.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board shall not discipline or dismiss any person teacher bound by this agreement agreement, save and except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board for any cause, the employee teacher 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 at the earliest reasonable time and 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 Association at any interview or meeting in conjunction connection with such investigation or disciplineinvestigation. 3. The Unless the Association waives the right to such meeting, the Board shall neither suspend [other than not discipline (which does not include a suspension to which Section 15(5) of the School Act reasonably applies] nor ) or dismiss any person bound by this agreement for cause other than less than satisfactory performance of teaching duties 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Association shall be given 72 hours' notice; b. the Board shall, not less than seventy-two (72) hours' notice of hours before the hearing and a written statement of meeting referred to in Article C.24.3.e, provide the grounds teacher with reasons in writing for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange suspension and all documents in its possession that will be considered at the hearingmeeting; c. the Association, on behalf of teacher will provide the teacher, Board with all documents in their possession that will be considered at the meeting not less than forty-eight (48) hours before the meeting; d. the teacher may file a written reply to the allegations prior to the meeting; d. e. at such meeting the teacher may shall be entitled to be accompanied by a representative and/or member of the Association and by either an advocate appointed by the Association, who or a representative of their choice. The teacher and their representatives shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, to call witnesses, and to ask questions of clarification, procedure and information; e. in question any person presenting evidence to the case of suspension, the meeting referred to herein may be waived by mutual agreementBoard. 4. Differences respecting dismissal and disciplinary Where a teacher is suspended under Section 15(5), the Board shall, prior to taking further action shall be subject under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the grievance procedure in Section A, Article 6 of this agreementAssociation. 5. Dismissal grievances may be initiated at the Joint Dispute Committee stage The decision of the dispute resolution process, referred Board pursuant to Section 15(4) or 15(5) shall be communicated in Section A, Article 6.4.a. 6. A teacher will receive written reasons for any formal discipline at the earliest possible time, writing and such reasons will shall contain a full and complete statement of the grounds for disciplinethe decision. 6. Notwithstanding Article A.6 (Grievance Procedure), where a teacher has been dismissed, the Association shall have the option of referring a grievance regarding the dismissal directly to arbitration provided for in Article A.6. 7. Provided The Board shall not release to the conduct media or the public information in respect of the suspension or dismissal of a teacher except as agreed by the Association or by joint release agreed upon by the Board and the Association. 8. Where an employee subsequent to has been suspended on grounds set out in Section 15(4) of the decision to discipline does School Act and the teacher is not give rise to the need for further disciplinedismissed or if dismissed is reinstated by an arbitrator, the Board agrees that employee shall be reinstated with full pay for the statement period of such suspension, unless on the final disposition of the grounds for disciplinematter, and related information, shall be the material relied upon during teacher is convicted of the arbitration processoffence charged.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board shall not dismiss, suspend or discipline or dismiss any person teacher bound by this agreement save Agreement except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board Employer for any alleged cause, the employee teacher and the Association Union shall be advised notified of the fact immediately unless substantial grounds exist for concluding that such notification would prejudice the investigation. Such notice shall be in writing and shall contain a statement as to the known particulars of the allegation(s). In any event the teacher and the Union shall be notified at the earliest reasonable time and before any action is taken by the Board, and the employee teacher shall be advised of the right to be accompanied by a representative of the Association Union at any interview or meeting in conjunction connection with such investigation or disciplineinvestigation. 3. The Board shall neither not suspend [(other than a suspension to which Section 15(4) and 15(5) of the School Act applies] nor ) or dismiss any person teacher bound by this agreement 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Association Union shall be given seventy-two (72) hours' 72 hours notice of the hearing meeting; b. at the time such notice is given, the teacher and the Union shall be given a written full and complete statement in writing of the grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the AssociationUnion, on behalf of the teacher, teacher may file a written reply to the allegations allegation prior to the meeting; d. at such meeting the teacher may shall be accompanied by a representative and/or advocate appointed by the Association, who Union and they shall be entitled to hear and to respond to all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, and to ask questions of clarification, procedure and procedure, and/or information;. e. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementUnion and shall contain specific reasons for the decision. 4. Differences respecting The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and disciplinary action therefore agree as follows: a. Neither party shall release to the media or the public information in respect of the suspension or dismissal of a teacher except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration Board constituted to hear a grievance or the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of a teacher has occurred. The Union shall be subject to the grievance procedure in Section A, Article 6 notified of this agreementsuch disclosures. 5. Dismissal grievances may be initiated at Notwithstanding Section A.6.0 (Grievance Procedure) where a teacher has been dismissed, the Joint Dispute Committee stage Union shall have the option of referring a grievance regarding the dispute resolution process, referred dismissal directly to arbitration provided for in Section A, Article 6.4.athat article. 6. A teacher will receive written reasons for any formal discipline at Discipline, suspension or dismissal shall not be set aside by an arbitrator on the earliest possible time, and such reasons will contain basis of a statement of the grounds for disciplinetechnical irregularity or an error in procedure. 7. Provided Where a teacher is suspended under Section 15(5) of the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineSchool Act, the Board agrees that the statement shall, prior to taking further action under Section 15(7) of the grounds for disciplineSchool Act, and related informationhold a meeting in accordance with the procedures outlined herein, shall be unless the material relied upon during right to this meeting is waived in writing by the arbitration processUnion or the teacher. 8. Prior to a teacher being suspended under Section 15(4) of the School Act, the Board will hold a meeting in accordance with the procedures outlined herein, unless the right of this meeting is waived in writing by the Union or the teacher.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board agrees that it shall not dismiss or discipline or dismiss any person a teacher bound by this agreement save Agreement except for just and reasonable cause. 2. Where an employee is under investigation by the Board for any cause, the employee and the Association CTA shall be advised in writing of that fact immediately unless grounds exist for concluding that such notification would prejudice the investigation. In any event the employee and the CTA shall be notified at the earliest reasonable time and before any action is taken by the Board, and the . 3. The employee shall be advised of the right to be accompanied by a representative of the Association CTA at any interview or meeting in conjunction connection with such investigation or disciplinethat they attend. 34. The Board shall neither suspend [other than a suspension process as outlined in Article C.22.5 to which C.22.10 apply when a. an employee has been suspended under Section 15(5) of the School Act; b. an employee has been suspended under Section 15(4) of the School Act applies] nor dismiss any person bound by this agreement unless it has, prior the CTA or the teacher waive the right to considering such action, held a meeting meeting; c. the possible actions of the Board include suspension or dismissal unless the CTA or the teacher waive the right to such a committee meeting. 5. The Board of the Board (including the Superintendent of Schools and/or designate) Education shall, pursuant to Article C.22.4, hold a meeting with the employee entitled to be presentand their representative(s), in respect of which: a. and shall give the employee and the Association shall be given seventy-association seventy two (72) hours' hours notice of such a meeting. The Board of Education may also have its representatives present at this meeting. At the hearing time of such notice, the teacher and a written statement of the grounds CTA shall be given reasons and relevant particulars in writing, for the contemplated action;. b. twenty6. The teacher shall be entitled to file a written reply to the allegation prior to the meeting held under Article C.22.5. 7. Twenty-four (24) hours prior to the hearing, a meeting held under Article C.22.5 both parties shall exchange all documents that will be considered at the hearing;meeting. c. 8. At the Associationmeeting held under Article C.22.5, on behalf of the teacher, may file a written reply to the allegations prior to the meeting; d. at such meeting the teacher may shall be entitled to be accompanied by a representative and/or the staff representative, the CTA President and by an advocate appointed by the AssociationCTA, who and shall be entitled to receive copies of all documents placed before have the Board and opportunity to ask questions of clarification, procedure and information; e. in to make both written and verbal submissions or have their advocate ask questions or make written or verbal submissions on the case of suspension, the meeting referred to herein may be waived by mutual agreementemployee's behalf. 49. Differences respecting dismissal and disciplinary action The decision of the Board of Education shall be subject to the grievance procedure communicated 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, writing and such reasons will shall contain a statement of the grounds for disciplinethe decision. 710. Provided the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineWherever practicable, the parties shall attempt to agree on a press release when a teacher is suspended or dismissed. 11. Any disciplinary action taken by the Board agrees that may be subject to grievance, however the statement CTA may refer any grievance of the grounds for discipline, and related information, shall be the material relied upon during the arbitration processa decision in Article C.22.9 directly to arbitration.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board shall not discipline or dismiss any person bound by this agreement Agreement save and except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board as the result of an accusation that may lead to disciplinary action or for any causeother cause for which the Board is considering any form of disciplinary action, the employee teacher and the Association shall be advised of the investigation and of the nature of any allegations in writing writing, unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event, the teacher and the Association shall be notified at the earliest reasonable time and before any action is taken by the Board, and the employee . The teacher shall also be advised of the right to be accompanied by a school staff representative or another designated member of the Association at any interview or meeting between the Board and the teacher in conjunction connection with such investigation or disciplineinvestigation. 3. The Unless the Association waives the right to such meeting, the Board shall neither not suspend [other than a suspension to which Section 15(5) of the School Act applies] nor or dismiss any person bound by this agreement Agreement unless it has, prior to considering taking 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 teacher entitled to be present, except as noted in Article C.17.4 and C.17.5 below. In respect of whichthe meeting noted above: a. the employee teacher and the Association shall be given seventy-two (72) hours' hours notice and copies of the hearing and a written statement of the grounds for the contemplated actionall documents, if any, that will be considered; b. twenty-four (24) hours prior to the hearing, both parties teacher and the Association shall exchange be given copies of all documents that will be considered at the hearingmeeting; 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 shall be accompanied by a representative and/or advocate representatives and or advocates appointed by the Association, who and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to present witnesses, to question any person presenting evidence to the Board and to ask questions of clarification, procedure and informationpresent their case to the Board; e. d. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementAssociation and shall contain the rationale for the grounds for the decision. 4. Differences respecting dismissal A Board may suspend from the performance of their duties a teacher who is charged with an offence that the Board considers renders the teacher unsuitable to perform those duties. Following such suspension the provisions of paragraph 3 shall apply. 5. If the Superintendent of Schools is of the opinion that the welfare of the students is threatened by the presence of a teacher, the Superintendent may suspend the teacher with pay from the performance of their duties. a. When the Superintendent suspends a teacher the Superintendent shall notify the Board. b. When the Board is notified of the suspension it shall, as soon as practicable, confirm, vary or revoke the suspension and disciplinary action shall, where the Board confirms and continues the suspension, determine if the continuation of the suspension shall be subject to with or without pay. c. Following such suspension the grievance procedure in provisions of paragraph 3 shall apply. 6. Notwithstanding Section A, Article 6 (Grievance Procedure) where a teacher has been suspended or dismissed, the Association shall have the option of this agreement. 5. Dismissal grievances may be initiated at referring a grievance regarding the Joint Dispute Committee stage suspension or dismissal directly to Step 3 of the dispute resolution process, referred grievance procedure or directly to arbitration provided for 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 disciplinethat Article. 7. Provided the conduct of an employee subsequent Both parties agree that investigations and reasons for decisions concerning teacher suspension and dismissal are best dealt with in a confidential manner. Should either side, however, feel compelled to release information concerning teacher suspension or dismissal to the decision to media, the releasing party must first discuss the nature of the release with the other party. 8. At an arbitration in respect of the discipline does not give rise or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the need for further discipline, teacher's attention at the Board agrees that the statement of the grounds for disciplinetime it was placed on file, and related information, shall no material which has been removed from the file pursuant to Article E.19 (Personnel Files) may be the material relied upon during the arbitration processpresented.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board Employer shall not dismiss, suspend or discipline or dismiss any person teacher bound by this agreement save except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board Employer for any alleged cause, the employee teacher and the Association Union shall be advised notified in writing writing, unless substantial grounds exist for concluding that such notification would prejudice the investigation, and in any event shall be notified at the earliest reasonable time and before any disciplinary action is taken by the Board, and the employee Employer. The teacher shall be advised of the right to be accompanied by a representative of the Association Union at any interview or meeting in conjunction connection with such investigation or disciplineand the Union shall be notified in advance before such meeting is held. 3. The Board Employer shall neither suspend [other than a suspension to which Section 15(5) of the School Act applies] nor not 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Association Union shall be given seventy-two (72) hours' hours notice of the hearing meeting; b. at the time such notice is given, the teacher and the Union shall be given a written statement in writing of the specific grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the AssociationUnion, on behalf of the teacher, teacher may file a written reply to the allegations prior to the meeting; d. at such meeting the teacher may shall be accompanied by a representative and/or advocate appointed by the Association, who Union and they shall be entitled to hear and to respond to all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, and to ask questions of clarification, procedure and procedures, and/or information; e. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementUnion and shall contain specific reasons for the decision. 4. Differences respecting The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and disciplinary action therefore agree as follows: a. neither party shall release to the media or the public information in respect of the discipline or dismissal of a teacher, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. the foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of a teacher has occurred. The Union shall be subject to the grievance procedure in Section A, Article 6 notified of this agreementsuch disclosure. 5. Dismissal grievances may be initiated at Notwithstanding Provincial Article A.6.0 (Grievance Procedure), where a teacher has been dismissed, the Joint Dispute Committee stage Union shall have the option of referring a grievance regarding the dispute resolution process, referred dismissal directly to arbitration provided for in Section A, Article 6.4.athat Article. 6. A teacher will receive written reasons for any formal discipline at Discipline, suspension or dismissal shall not be set aside by an arbitrator on the earliest possible time, and such reasons will contain basis of a statement of the grounds for disciplinetechnical irregularity or an error in procedure. 7. Provided Where a teacher is suspended under Section 15(5) of the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineSchool Act, the Board agrees that the statement shall, prior to taking further action under Section 15(7) of the grounds for disciplineSchool Act, and related informationhold a meeting in accordance with the procedures outlined in Article C.21.3, unless the right to this meeting is waived in writing by the Union or the teacher. 8. Prior to a teacher being suspended under Section 15(4) of the School Act, the Board shall be hold a meeting in accordance with the material relied upon during procedures outlined in Article C.21.3, unless the arbitration processright to this meeting is waived in writing by the Union or the teacher.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board agrees that it shall not dismiss or discipline or dismiss any person a teacher bound by this agreement save Agreement except for just and reasonable cause. 2. Where an employee is under investigation by the Board for any cause, the employee and the Association CTA shall be advised in writing of that fact immediately unless grounds exist for concluding that such notification would prejudice the investigation. In any event the employee and the CTA shall be notified at the earliest reasonable time and before any action is taken by the Board, and the . 3. The employee shall be advised of the right to be accompanied by a representative of the Association CTA at any interview or meeting in conjunction connection with such investigation or disciplinethat he/she attends. 34. The Board shall neither suspend [other than process as outlined in Article C.22.5 to C.22.10 apply when a suspension to which an employee has been suspended under Section 15(5) of the School Act; b an employee has been suspended under Section 15(4) of the School Act applies] nor dismiss any person bound by this agreement unless it has, prior the CTA or the teacher waive the right to considering such action, held a meeting meeting; c the possible actions of the Board include suspension or dismissal unless the CTA or the teacher waive the right to such a committee meeting. 5. The Board of the Board (including the Superintendent of Schools and/or designate) Education shall, pursuant to Article C.22.4, hold a meeting with the employee entitled to be presentand his/her representative(s), in respect of which: a. and shall give the employee and the Association shall be given seventy-association seventy two (72) hours' hours notice of such a meeting. The Board of Education may also have its representatives present at this meeting. At the hearing time of such notice, the teacher and a written statement of the grounds CTA shall be given reasons and relevant particulars in writing, for the contemplated action;. b. twenty6. The teacher shall be entitled to file a written reply to the allegation prior to the meeting held under Article C.22.5. 7. Twenty-four (24) hours prior to the hearing, a meeting held under Article C.22.5 both parties shall exchange all documents that will be considered at the hearing;meeting. c. 8. At the Associationmeeting held under Article C.22.5, on behalf of the teacher, may file a written reply to the allegations prior to the meeting; d. at such meeting the teacher may shall be entitled to be accompanied by a representative and/or the staff representative, the CTA President and by an advocate appointed by the AssociationCTA, who and shall be entitled to receive copies of all documents placed before have the Board and opportunity to ask questions of clarification, procedure and information; e. in to make both written and verbal submissions or have his/her advocate ask questions or make written or verbal submissions on the case of suspension, the meeting referred to herein may be waived by mutual agreementemployee's behalf. 49. Differences respecting dismissal and disciplinary action The decision of the Board of Education shall be subject to the grievance procedure communicated 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, writing and such reasons will shall contain a statement of the grounds for disciplinethe decision. 710. Provided the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineWherever practicable, the parties shall attempt to agree on a press release when a teacher is suspended or dismissed. 11. Any disciplinary action taken by the Board agrees that may be subject to grievance, however the statement CTA may refer any grievance of the grounds for discipline, and related information, shall be the material relied upon during the arbitration processa decision in Article C.22.9 directly to arbitration.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. C.21.1 The Board shall not discipline or dismiss any person bound by this agreement save for just and reasonable cause. 2. C.21.2 Where an employee is under investigation by the Board for any cause, the employee and the Association 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 Association Union at any interview or meeting in conjunction with such investigation or discipline. 3. C.21.3 The Board shall neither suspend [(other than a suspension to which Section 15(5) 15 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:Act, a. the employee and the Association Union shall be given seventy-two (72) hours' 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 AssociationUnion, 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, Union 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. C.21.4 Differences respecting dismissal and disciplinary action shall be subject to the grievance procedure in Section A, Article 6 A.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. C.21.5 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. C.21.6 Where an employee is suspended pursuant to Section 15(5) of the School Act, R.S.B.C. 1996,

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L)JUST AND REASONABLE CAUSE: DUE PROCESS [P] 1. The Board shall not discipline or dismiss any person bound by this agreement 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 SEPF 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 . The employee shall be advised of the right to be accompanied by a representative of the Association SEPF at any interview or meeting in conjunction connection with such investigation or disciplineinvestigation. 3. The Board shall neither suspend [not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies] nor ) or dismiss any person bound by this agreement 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, unless the SEPF waives the right to such meeting, in respect of which: a. the employee and the Association SEPF shall be given seventy-seventy two (72) hours' notice; b. at the same time such notice of is given, the hearing employee and the SEPF shall be given a written statement full and complete statement, in writing, of the grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the AssociationSEPF, on behalf of the teacheremployee, may file a written reply to the allegations prior to the meeting; d. at such a meeting the teacher may employee shall be accompanied by a representative and/or advocate up to three (3) representative(s) appointed by the AssociationSEPF, who and they shall be entitled to hear all of the information presented to the Board, to receive copies of all documents placed before the Board Board, to call witnesses, to ask questions, and to ask questions of clarification, procedure and informationmake submissions to the Board; e. in the case decision of suspension, the meeting referred to herein may be waived by mutual agreement. 4. Differences respecting dismissal and disciplinary action Board shall be subject rendered and communicated within ten (10) school days, in writing, to the grievance procedure in Section A, Article 6 of this agreement. 5. Dismissal grievances may be initiated at employee and 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, SEPF and such reasons will shall contain a full and complete statement of the grounds for disciplinethe decision. 74. Provided the conduct Where a suspension of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineis contemplated under Section 15(4) or 15(5), the Board agrees that shall notify the statement SEPF immediately and discuss the matter with the president of the grounds for disciplineSEPF before any action is taken. The parties will ensure the discussion will not unduly delay the Board's ability to proceed. 5. Where an employee is suspended under Section 15(4) or 15(5), the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with part 3. of this Article, unless the right to such meeting is waived by the SEPF. 6. a. Where an employee has been suspended under Section 15(4), payment of salary and related informationbenefits may be continued, shall be at the material relied upon during discretion of the Board, until the charge has been upheld by a court or an arbitration processboard has ruled on the suspension.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. C.12.1 The Board shall not discipline or dismiss any person bound by this agreement save for just and reasonable cause. 2. C.12.2 Where an employee is under investigation by the Board for any cause, the employee and the Association 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 Association Union at any interview or meeting in conjunction with such investigation or discipline. 3. C.12.3 The Board shall neither suspend [(other than a suspension to which Section 15(5) 15 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:Act, a. the employee and the Association Union shall be given seventy-two (72) hours' 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 AssociationUnion, 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, Union 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. C.12.4 Differences respecting dismissal and disciplinary action shall be subject to the grievance procedure in Section A, Article 6 A.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. C.12.5 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. C.12.6 Where an employee is suspended pursuant to Section 15(5) of the School Act, R.S.B.C. 1996,

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board agrees that it shall not dismiss or discipline or dismiss any person a teacher bound by this agreement save Agreement except for just and reasonable cause. 2. Where an employee is under investigation by the Board for any cause, the employee and the Association CTA shall be advised in writing of that fact immediately unless grounds exist for concluding that such notification would prejudice the investigation. In any event the employee and the CTA shall be notified at the earliest reasonable time and before any action is taken by the Board, and the . 3. The employee shall be advised of the right to be accompanied by a representative of the Association CTA at any interview or meeting in conjunction connection with such investigation or disciplinethat he/she attends. 34. The Board shall neither suspend [other than process as outlined in Article C.22.5 to C.22.10 apply when a suspension to which an employee has been suspended under Section 15(5) of the School Act; b an employee has been suspended under Section 15(4) of the School Act applies] nor dismiss any person bound by this agreement unless it has, prior the CTA or the teacher waive the right to considering such action, held a meeting meeting; c the possible actions of the Board include suspension or dismissal unless the CTA or the teacher waive the right to such a committee meeting. 5. The Board of the Board (including the Superintendent of Schools and/or designate) School Trustees shall, pursuant to Article C.22.4, hold a meeting with the employee entitled to be presentand his/her representative(s), in respect of which: a. and shall give the employee and the Association shall be given seventy-association seventy two (72) hours' hours notice of such a meeting. The Board of School Trustees may also have its representatives present at this meeting. At the hearing time of such notice, the teacher and a written statement of the grounds CTA shall be given reasons and relevant particulars in writing, for the contemplated action;. b. twenty6. The teacher shall be entitled to file a written reply to the allegation prior to the meeting held under Article C.22.5. 7. Twenty-four (24) hours prior to the hearing, a meeting held under Article C.22.5 both parties shall exchange all documents that will be considered at the hearing;meeting. c. 8. At the Associationmeeting held under Article C.22.5, on behalf of the teacher, may file a written reply to the allegations prior to the meeting; d. at such meeting the teacher may shall be entitled to be accompanied by a representative and/or the staff representative, the CTA President and by an advocate appointed by the AssociationCTA, who and shall be entitled to receive copies of all documents placed before have the Board and opportunity to ask questions of clarification, procedure and information; e. in to make both written and verbal submissions or have his/her advocate ask questions or make written or verbal submissions on the case of suspension, the meeting referred to herein may be waived by mutual agreementemployee's behalf. 49. Differences respecting dismissal and disciplinary action The decision of the Board of School Trustees shall be subject to the grievance procedure communicated 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, writing and such reasons will shall contain a statement of the grounds for disciplinethe decision. 710. Provided the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineWherever practicable, the parties shall attempt to agree on a press release when a teacher is suspended or dismissed. 11. Any disciplinary action taken by the Board agrees that may be subject to grievance, however the statement CTA may refer any grievance of the grounds for discipline, and related information, shall be the material relied upon during the arbitration processa decision in Article C.22.9 directly to arbitration.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board shall not discipline or dismiss any person bound by this agreement Agreement save and except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board as the result of an accusation that may lead to disciplinary action or for any causeother cause for which the Board is considering any form of disciplinary action, the employee teacher and the Association shall be advised of the investigation and of the nature of any allegations in writing writing, unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event, the teacher and the Association shall be notified at the earliest reasonable time and before any action is taken by the Board, and the employee . The teacher shall also be advised of the right to be accompanied by a school staff representative or another designated member of the Association at any interview or meeting between the Board and the teacher in conjunction connection with such investigation or disciplineinvestigation. 3. The Unless the Association waives the right to such meeting, the Board shall neither not suspend [other than a suspension to which Section 15(5) of the School Act applies] nor or dismiss any person bound by this agreement Agreement unless it has, prior to considering taking 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 teacher entitled to be present, except as noted in Article C.17.4 and C.17.5 below. In respect of whichthe meeting noted above: a. the employee teacher and the Association shall be given seventy-two (72) hours' notice and copies of the hearing and a written statement of the grounds for the contemplated actionall documents, if any, that will be considered; b. twenty-four (24) hours prior to the hearing, both parties teacher and the Association shall exchange be given copies of all documents that will be considered at the hearingmeeting; 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 shall be accompanied by a representative and/or advocate representatives and or advocates appointed by the Association, who and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to present witnesses, to question any person presenting evidence to the Board and to ask questions of clarification, procedure and informationpresent their case to the Board; e. d. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementAssociation and shall contain the rationale for the grounds for the decision. 4. Differences respecting dismissal A Board may suspend from the performance of his/her duties a teacher who is charged with an offence that the Board considers renders the teacher unsuitable to perform those duties. Following such suspension the provisions of paragraph 3 shall apply. 5. If the Superintendent of Schools is of the opinion that the welfare of the students is threatened by the presence of a teacher, the Superintendent may suspend the teacher with pay from the performance of his/her duties. a. When the Superintendent suspends a teacher the Superintendent shall notify the Board. b. When the Board is notified of the suspension it shall, as soon as practicable, confirm, vary or revoke the suspension and disciplinary action shall, where the Board confirms and continues the suspension, determine if the continuation of the suspension shall be subject to with or without pay. c. Following such suspension the grievance procedure in provisions of paragraph 3 shall apply. 6. Notwithstanding Section A, Article 6 (Grievance Procedure) where a teacher has been suspended or dismissed, the Association shall have the option of this agreement. 5. Dismissal grievances may be initiated at referring a grievance regarding the Joint Dispute Committee stage suspension or dismissal directly to Step 3 of the dispute resolution process, referred grievance procedure or directly to arbitration provided for 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 disciplinethat Article. 7. Provided the conduct of an employee subsequent Both parties agree that investigations and reasons for decisions concerning teacher suspension and dismissal are best dealt with in a confidential manner. Should either side, however, feel compelled to release information concerning teacher suspension or dismissal to the decision to media, the releasing party must first discuss the nature of the release with the other party. 8. At an arbitration in respect of the discipline does not give rise or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the need for further discipline, teacher's attention at the Board agrees that the statement of the grounds for disciplinetime it was placed on file, and related information, shall no material which has been removed from the file pursuant to Article E.19 (Personnel Files) may be the material relied upon during the arbitration processpresented.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board Employer shall not dismiss, suspend or discipline or dismiss any person teacher bound by this agreement save except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board Employer for any alleged cause, the employee teacher and the Association shall be advised notified in writing writing, unless substantial grounds exist for concluding that such notification would prejudice the investigation, and in any event shall be notified at the earliest reasonable time and before any disciplinary action is taken by the Board, and the employee Employer. The teacher shall be advised of the right to be accompanied by a representative of the Association at any interview or meeting in conjunction connection with such investigation or disciplineand the Association shall be notified in advance before such meeting is held. 3. The Board Employer shall neither suspend [other than a suspension to which Section 15(5) of the School Act applies] nor not 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Association shall be given seventy-two (72) hours' 72 hours notice of the hearing meeting; b. at the time such notice is given, the teacher and the Association shall be given a written statement in writing of the specific grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the Association, on behalf of the teacher, teacher may file a written reply to the allegations prior to the meeting; d. at such meeting the teacher may shall be accompanied by a representative and/or advocate appointed by the Association, who Association and they shall be entitled to hear and to respond to all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, and to ask questions of clarification, procedure and procedures, and/or information; e. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementAssociation and shall contain specific reasons for the decision. 4. Differences respecting The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and disciplinary action therefore agree as follows: a. neither party shall release to the media or the public information in respect of the discipline or dismissal of a teacher, except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration board constituted to hear a grievance of the discipline or dismissal has issued its final award. b. the foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of a teacher has occurred. The Association shall be subject to the grievance procedure in Section A, Article 6 notified of this agreementsuch disclosure. 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. (L)‌ 1. C.21.1 The Board shall not discipline or dismiss any person bound by this agreement save for just and reasonable cause. 2. C.21.2 Where an employee is under investigation by the Board for any cause, the employee and the Association 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 Association Union at any interview or meeting in conjunction with such investigation or discipline. 3. C.21.3 The Board shall neither suspend [(other than a suspension to which Section 15(5) 15 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:Act, a. the employee and the Association Union shall be given seventy-two (72) hours' 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 AssociationUnion, 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, Union 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. C.21.4 Differences respecting dismissal and disciplinary action shall be subject to the grievance procedure in Section A, Article 6 A.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. C.21.5 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. C.21.6 Where an employee is suspended pursuant to Section 15(5) of the School Act, R.S.B.C. 1996,

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board shall not discipline or dismiss any person teacher bound by this agreement agreement, save and except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board for any cause, the employee teacher 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 at the earliest reasonable time and 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 Association at any interview or meeting in conjunction connection with such investigation or disciplineinvestigation. 3. The Unless the Association waives the right to such meeting, the Board shall neither suspend [other than not discipline (which does not include a suspension to which Section 15(5) of the School Act reasonably applies] nor ) or dismiss any person bound by this agreement for cause other than less than satisfactory performance of teaching duties 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Association shall be given 72 hours' notice; b. the Board shall, not less than seventy-two (72) hours' notice of hours before the hearing and a written statement of meeting referred to in Article C.24.3.e, provide the grounds teacher with reasons in writing for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange suspension and all documents in its possession that will be considered at the hearingmeeting; c. the Association, on behalf of teacher will provide the teacher, Board with all documents in his/her possession that will be considered at the meeting not less than forty-eight (48) hours before the meeting; d. the teacher may file a written reply to the allegations prior to the meeting; d. e. at such meeting the teacher may shall be entitled to be accompanied by a representative and/or member of the Association and by either an advocate appointed by the Association, who or a representative of his/her choice. The teacher and his/her representatives shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, to call witnesses, and to ask questions of clarification, procedure and information; e. in question any person presenting evidence to the case of suspension, the meeting referred to herein may be waived by mutual agreementBoard. 4. Differences respecting dismissal and disciplinary Where a teacher is suspended under Section 15(5), the Board shall, prior to taking further action shall be subject under Section 15(7), hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the grievance procedure in Section A, Article 6 of this agreementAssociation. 5. Dismissal grievances may be initiated at the Joint Dispute Committee stage The decision of the dispute resolution process, referred Board pursuant to Section 15(4) or 15(5) shall be communicated in Section A, Article 6.4.a. 6. A teacher will receive written reasons for any formal discipline at the earliest possible time, writing and such reasons will shall contain a full and complete statement of the grounds for disciplinethe decision. 6. Notwithstanding Article A.6 (Grievance Procedure), where a teacher has been dismissed, the Association shall have the option of referring a grievance regarding the dismissal directly to arbitration provided for in Article A.6. 7. Provided The Board shall not release to the conduct media or the public information in respect of the suspension or dismissal of a teacher except as agreed by the Association or by joint release agreed upon by the Board and the Association. 8. Where an employee subsequent to has been suspended on grounds set out in Section 15(4) of the decision to discipline does School Act and the teacher is not give rise to the need for further disciplinedismissed or if dismissed is reinstated by an arbitrator, the Board agrees that employee shall be reinstated with full pay for the statement period of such suspension, unless on the final disposition of the grounds for disciplinematter, and related information, shall be the material relied upon during teacher is convicted of the arbitration processoffence charged.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L) 1. The Board shall not discipline or dismiss any person bound by this agreement Agreement save and except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board as the result of an accusation that may lead to disciplinary action or for any causeother cause for which the Board is considering any form of disciplinary action, the employee teacher and the Association shall be advised of the investigation and of the nature of any allegations in writing writing, unless substantial grounds exist for concluding that such notification would prejudice the investigation. In any event, the teacher and the Association shall be notified at the earliest reasonable time and before any action is taken by the Board, and the employee . The teacher shall also be advised of the right to be accompanied by a school staff representative or another designated member of the Association at any interview or meeting between the Board and the teacher in conjunction connection with such investigation or disciplineinvestigation. 3. The Unless the Association waives the right to such meeting, the Board shall neither not suspend [other than a suspension to which Section 15(5) of the School Act applies] nor or dismiss any person bound by this agreement Agreement unless it has, prior to considering taking 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 teacher entitled to be present, except as noted in Article C.17.4 and C.17.5 below. In respect of whichthe meeting noted above: a. the employee teacher and the Association shall be given seventy-two (72) hours' hours notice and copies of the hearing and a written statement of the grounds for the contemplated actionall documents, if any, that will be considered; b. twenty-four (24) hours prior to the hearing, both parties teacher and the Association shall exchange be given copies of all documents that will be considered at the hearingmeeting; 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 shall be accompanied by a representative and/or advocate representatives and or advocates appointed by the Association, who and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to present witnesses, to question any person presenting evidence to the Board and to ask questions of clarification, procedure and informationpresent their case to the Board; e. d. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementAssociation and shall contain the rationale for the grounds for the decision. 4. Differences respecting dismissal A Board may suspend from the performance of his/her duties a teacher who is charged with an offence that the Board considers renders the teacher unsuitable to perform those duties. Following such suspension the provisions of paragraph 3 shall apply. 5. If the Superintendent of Schools is of the opinion that the welfare of the students is threatened by the presence of a teacher, the Superintendent may suspend the teacher with pay from the performance of his/her duties. a. When the Superintendent suspends a teacher the Superintendent shall notify the Board. b. When the Board is notified of the suspension it shall, as soon as practicable, confirm, vary or revoke the suspension and disciplinary action shall, where the Board confirms and continues the suspension, determine if the continuation of the suspension shall be subject to with or without pay. c. Following such suspension the grievance procedure in provisions of paragraph 3 shall apply. 6. Notwithstanding Section A, Article 6 (Grievance Procedure) where a teacher has been suspended or dismissed, the Association shall have the option of this agreement. 5. Dismissal grievances may be initiated at referring a grievance regarding the Joint Dispute Committee stage suspension or dismissal directly to Step 3 of the dispute resolution process, referred grievance procedure or directly to arbitration provided for 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 disciplinethat Article. 7. Provided the conduct of an employee subsequent Both parties agree that investigations and reasons for decisions concerning teacher suspension and dismissal are best dealt with in a confidential manner. Should either side, however, feel compelled to release information concerning teacher suspension or dismissal to the decision to media, the releasing party must first discuss the nature of the release with the other party. 8. At an arbitration in respect of the discipline does not give rise or dismissal of a teacher, no material from the teacher's file may be presented unless the material was brought to the need for further discipline, teacher's attention at the Board agrees that the statement of the grounds for disciplinetime it was placed on file, and related information, shall no material which has been removed from the file pursuant to Article E.19 (Personnel Files) may be the material relied upon during the arbitration processpresented.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L)JUST AND REASONABLE CAUSE: DUE PROCESS 1. The Board shall not discipline or dismiss any person bound by this agreement 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, and the . The employee shall be advised of the right to be accompanied by a representative of the Association at any interview or meeting in conjunction connection with such investigation or disciplineinvestigation. 3. The Board shall neither suspend [not discipline (other than a suspension to which Section 15(5) of the School Act reasonably applies] nor ) or dismiss any person bound by this agreement 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, 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' hours notice; b. at the same time such notice of is given, the hearing employee and the Association shall be given a written statement full and complete statement, in writing, of the grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the Association, on behalf of the teacheremployee, may file a written reply to the allegations prior to the meeting; d. at such a meeting the teacher may employee shall be accompanied by a representative representative(s) and/or advocate advocate(s) appointed by the Association, who and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, to call witnesses, and to ask questions of clarification, procedure and informationquestion any person presenting evidence to the Board; e. in the case decision of suspension, the meeting referred to herein may be waived by mutual agreement. 4. Differences respecting dismissal and disciplinary action Board shall be subject rendered and communicated within ten (10) school days, in writing, to the grievance procedure in Section A, Article 6 of this agreement. 5. Dismissal grievances may be initiated at employee and 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, Association and such reasons will shall contain a full and complete statement of the grounds for disciplinethe decision. 4. Where a suspension of an employee is contemplated under Section 15(4) or 15(5) of the School Act, the Board shall notify the Association immediately and a meeting shall be held with the Superintendent and a representative of the Association before any action is taken. 5. Where an employee is suspended under Section 15(4) or 15(5) of the School Act, the Board shall, prior to taking further action under Section 15(7), hold a meeting in accordance with Article C.22.3, unless the right to such meeting is waived by the Association. a. Where an employee has been suspended under Section 15(4) of the School Act, payment of salary and benefits may be continued, at the discretion of the Board, until the charge has been upheld by a court or an arbitration board has ruled on the suspension. b. Where an employee has been suspended under Section 15(5) of the School Act, the suspension shall be with full pay and benefits until a Board hearing has been held in accordance with Section 15(7) of the School Act. 7. Provided Where an employee is suspended under Section 15(4) of the conduct School Act, and is subsequently not convicted of the charge, the suspension shall be rescinded and the employee shall be returned to the same or a comparable assignment, with full retroactive pay and benefits. 8. The Board and the Association shall not independently release to the media or the public information in respect of the suspension or dismissal of a teacher except when the reasons for the suspension or dismissal of the teacher have been upheld by an arbitration hearing or by a court. During the interim period, while a decision is being made by an arbitration board or court, the Board and the Association shall confer and reach agreement before any press release or public statement is made. 9. Where an employee has been dismissed, the Association shall have the option of referring a grievance regarding the dismissal directly to arbitration as provided for in Article A.6 (Grievance Procedure). 10. At an arbitration in respect of the discipline or dismissal of an employee, no material 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.28 (Personnel Records) may be presented. 11. Conduct of an employee subsequent to in non-school hours, off school premises, and which is not in connection with the decision to discipline does employment duties of the employee shall not give rise to the need be grounds for further any form of discipline, the Board agrees that the statement of the grounds for disciplineunless such conduct directly, substantially, and related information, shall be prejudicially impairs the material relied upon during the arbitration processemployee's ability to perform assigned duties in a satisfactory manner.

DISMISSAL AND DISCIPLINE FOR MISCONDUCT. (L)‌ 1. The Board shall not dismiss, suspend or discipline or dismiss any person teacher bound by this agreement save Agreement except for just and reasonable cause. 2. Where an employee a teacher is under investigation by the Board Employer for any alleged cause, the employee teacher and the Association Union shall be advised notified of the fact immediately unless substantial grounds exist for concluding that such notification would prejudice the investigation. Such notice shall be in writing and shall contain a statement as to the known particulars of the allegation(s). In any event the teacher and the Union shall be notified at the earliest reasonable time and before any action is taken by the Board, and the employee teacher shall be advised of the right to be accompanied by a representative of the Association Union at any interview or meeting in conjunction connection with such investigation or disciplineinvestigation. 3. The Board shall neither not suspend [(other than a suspension to which Section 15(4) and 15(5) of the School Act applies] nor ) or dismiss any person teacher bound by this agreement 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 teacher entitled to be present, in respect of which: a. the employee teacher and the Association Union shall be given seventy-two (72) hours' 72 hours notice of the hearing meeting; b. at the time such notice is given, the teacher and the Union shall be given a written full and complete statement in writing of the grounds for the contemplated action; b. twenty-four (24) hours prior to the hearing, both parties shall exchange action and all documents that will be considered at the hearingmeeting; c. the AssociationUnion, on behalf of the teacher, teacher may file a written reply to the allegations allegation prior to the meeting; d. at such meeting the teacher may shall be accompanied by a representative and/or advocate appointed by the Association, who Union and they shall be entitled to hear and to respond to all the evidence presented to the Board, to receive copies of all documents placed before the Board Board, and to ask questions of clarification, procedure and procedure, and/or information;. e. the decision of the Board shall be communicated in writing to the case of suspension, teacher and the meeting referred to herein may be waived by mutual agreementUnion and shall contain specific reasons for the decision. 4. Differences respecting The parties acknowledge that it is desirable to avoid damage being caused to a teacher's reputation by premature release of information regarding a matter which is or may be the subject of discipline or dismissal of the teacher, and disciplinary action therefore agree as follows: a. Neither party shall release to the media or the public information in respect of the suspension or dismissal of a teacher except as agreed by the parties or by joint release agreed upon by the parties, before an arbitration Board constituted to hear a grievance or the discipline or dismissal has issued its final award. b. The foregoing shall not be construed as preventing the Board from disclosing the fact that discipline, suspension or dismissal of a teacher has occurred. The Union shall be subject to the grievance procedure in Section A, Article 6 notified of this agreementsuch disclosures. 5. Dismissal grievances may be initiated at Notwithstanding Section A.6.0 (Grievance Procedure) where a teacher has been dismissed, the Joint Dispute Committee stage Union shall have the option of referring a grievance regarding the dispute resolution process, referred dismissal directly to arbitration provided for in Section A, Article 6.4.athat article. 6. A teacher will receive written reasons for any formal discipline at Discipline, suspension or dismissal shall not be set aside by an arbitrator on the earliest possible time, and such reasons will contain basis of a statement of the grounds for disciplinetechnical irregularity or an error in procedure. 7. Provided Where a teacher is suspended under Section 15(5) of the conduct of an employee subsequent to the decision to discipline does not give rise to the need for further disciplineSchool Act, the Board agrees that the statement shall, prior to taking further action under Section 15(7) of the grounds for disciplineSchool Act, and related informationhold a meeting in accordance with the procedures outlined herein, shall be unless the material relied upon during right to this meeting is waived in writing by the arbitration processUnion or the teacher. 8. Prior to a teacher being suspended under Section 15(4) of the School Act, the Board will hold a meeting in accordance with the procedures outlined herein, unless the right of this meeting is waived in writing by the Union or the teacher.