Dismissal for Less Than Satisfactory Performance Sample Clauses

Dismissal for Less Than Satisfactory Performance. 1. The Board shall not dismiss a teacher other than a Teacher Teaching on Call (TTOC) on the basis of “less than satisfactory” performance of teaching duties except where the board has received at least three (3) consecutive reports pursuant to Article C.22 (Teacher Evaluation) of this agreement indicating that the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports shall be prepared in accordance with the following: a. the reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) consecutive months exclusive of any approved leave of absence; b. at least one (1) of the reports shall be a report of a Superintendent, an Assistant Superintendent, or a District Principal; c. the other two (2) reports shall include only reports of: i. a Superintendent or an Assistant Superintendent, or ii. a Director of Instruction, or iii. a District Principal, or iv. the Principal of a school to which the teacher is assigned; d. the reports shall be independently prepared by three (3) different evaluators. 3. Subsequent to the teacher receiving one (I) or two (2) “less than satisfactory” reports, the teacher: a. may request a transfer to a mutually agreeable assignment; b. may request a leave of absence for up to one (1) year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation(s) shall be undertaken within the balance of the twenty-four (24) months exclusive of the leave of absence period. Upon return to duty, the next evaluation will commence in not less than three (3) or more than six (6) working months. c. shall be requested to participate in a plan of assistance appropriate to the development of an acceptable standard of performance as it pertains to the evaluation criteria. Where a plan of assistance is implemented it shall be completed before another report is initiated. 4. Upon receiving a third “less than satisfactory” report, the teacher will be given fifteen (15) days’ notice of the Board meeting to be held to consider the dismissal of the teacher. The teacher has the right to attend that meeting. If attending, the teacher will be accompanied by a representative of the Association. 5. The Association shall have the option of referring all dismissals resulting from this Article and all applicable documentation to Article A.6.6 or Article A.6.7 –
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Dismissal for Less Than Satisfactory Performance a. The Board shall not dismiss an employee except where the Board has received three (3) consecutive reports written by not fewer than two (2) evaluators indicating less than satisfactory performance. The three (3) reports shall be issued in a period of not less than ten (10) teaching months and not more than twenty (20) teaching months exclusive of leaves.
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Dismissal for Less Than Satisfactory Performance. The following applies with respect to teachers who are not placed on a probationary appointment.
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Dismissal for Less Than Satisfactory Performance. An employee on a continuing contract shall not be dismissed for less than satisfactory performance unless: 1. three (3) successive reports issued pursuant to Article E.21 (Evaluation and Professional Growth), indicate that the learning situation under her/his charge is less than satisfactory; 2. the reports leading to dismissal are written by at least two (2) different evaluators, one of whom shall be a Superintendent of Schools or Assistant Superintendent of Schools. The other reports shall be written by a Principal, Vice Principal, Director of Instruction, Assistant Superintendent of Schools or Superintendent of Schools; 3. Where a teacher has received two (2) less than satisfactory reports, the evaluator who will conduct the third evaluation shall be selected by agreement between the Board and the teacher. If agreement cannot be reached, the Board shall determine the third evaluator. 4. the reports are written within a period of not less than twelve (12) months and not more than twenty-four (24) months, excluding time off due to illness, leave or retraining; 5. where the Board terminates a teacher for less than satisfactory performance, notice of at least thirty (30) days shall be given in writing to the teacher and a copy forwarded to the Association; 6. notwithstanding Article C.26.4, a teacher may elect to receive thirty (30) days severance pay and forego his/her entitlement to grieve pursuant to Article A.6 (Grievance Procedure).
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Dismissal for Less Than Satisfactory Performance. (a) The test of just and reasonable cause for dismissal shall be a test of suitability of the teacher for continued employment to the position appointed. (b) If the Society intends to dismiss a teacher pursuant to this Article, the teacher and the appropriate Union representative will be provided with written notification prior to such action. (c) The decision to dismiss a teacher for less than satisfactory performance will be based on a minimum of three (3) less than satisfactory reports prepared in accordance with this Article. The reports shall be prepared by at least two (2) different evaluators. (d) Where a teacher is dismissed pursuant to this Article, any salary that has accrued and is scheduled to be paid during the following summer vacation period will be paid to the teacher. (e) Disputes resulting from dismissal under this Article shall be subject to Step 3 of the grievance procedure. (f) If the matter is not resolved at Step 3, the dispute may be referred to arbitration under Article 11 of this Agreement. In the event that the arbitrator determines that the evaluation was not conducted honestly and in good faith, the arbitrator may grant as a remedy in substitution for reinstatement to the teacher a severance amount based on applicable judicial guidelines.
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Dismissal for Less Than Satisfactory Performance. The test of just and reasonable cause for dismissal will be a test of suitability of the teacher for continued employment to the position appointed. If the Society intends to dismiss a teacher pursuant to this article, the teacher and the appropriate union representative will be provided with written notification prior to such action. The decision to dismiss a teacher for less than satisfactory performance will be based on a minimum of three less than satisfactory reports prepared in accordance with this article. The reports will be prepared by at least two different evaluators. Where a teacher is dismissed pursuant to this article, any salary that has accrued and is scheduled to be paid during the following summer vacation period will be paid to the teacher. Disputes resulting from dismissal under this article will be subject to Step 3 of the grievance procedure. If the matter is not resolved at Step 3, the dispute may be referred to arbitration under Article 11 of this agreement. In the event that the Arbitrator determines that the evaluation was not conducted honestly and in good faith, the Arbitrator may grant as a remedy in substitution for reinstatement to the teacher a severance amount based on applicable judicial guidelines.
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Dismissal for Less Than Satisfactory Performance. 1. The Board shall not dismiss an Instructor except where the Board has received three (3) consecutive reports written by not fewer than two (2) evaluators indicating less than satisfactory performance. The first two (2) reports shall be prepared according to the provisions of Article 8.B. and Article 8.C. 2. The three (3) reports shall be issued in a period of not less than one (1) year and not more than two (2) years exclusive of leaves. 3. If the Board intends to dismiss an Instructor pursuant to this Clause it shall notify the Instructor and the appropriate VTF (AE) President of such intention as soon as possible. 4. When the Board dismisses an Instructor pursuant to this Clause, the Instructor shall be given thirty (30) days' salary in lieu of notice. 5. Disputes resulting from dismissal shall be subject to the grievance procedure, and may be commenced at the option of the Union at Step Three of the grievance procedure (Article 12).
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Related to Dismissal for Less Than Satisfactory Performance

  • Satisfactory Performance Subject to the provisions of the Payment Security Requirements Section above, the Payment Security will be returned within ninety (90) days following the expiration of the Term of this Agreement, subject to the satisfactory performance by Company of all terms, conditions, and covenants contained herein.

  • Unsatisfactory Performance All work performed by the Contractor is expected to be done in the most expeditious and professional manner as specified in Section 5 of this document, while also complying with the workmanlike standard clause contained at Section 5.4.1.

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying xxxxxxxx, and such continuation of efforts and payment of xxxxxxxx shall not be construed as a waiver of any legal right.

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

  • Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Form Satisfactory, Etc (a) All of the policies of insurance referred to in this Article 13 to be maintained by Lessee shall be written in a form, with deductibles and by insurance companies satisfactory to Lessor. Lessee shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Lessor prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Lessee either to effect such insurance as herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Lessor at the times required, Lessor shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, and Lessee shall reimburse Lessor for any premium or premiums paid by Lessor for the coverages required of Lessee under this Article 13 upon written demand therefor, and Lessee’s failure to repay the same within thirty (30) days after Notice of such failure from Lessor shall constitute an Event of Default within the meaning of Section 16.1. Each insurer mentioned in this Article 13 shall agree, by endorsement to the policy or policies issued by it, or by independent instrument furnished to Lessor, that it will give to Lessor thirty (30) days’ written notice before the policy or policies in question shall be materially altered, allowed to expire or canceled. (b) All of the policies of insurance referred to in this Article 13 to be maintained by Lessor shall be written in a form, with deductibles and by insurance companies satisfactory to Lessee. Lessor shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Lessee prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Lessor either to effect such insurance as herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Lessee at the times required, Lessee shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, and Lessor shall reimburse Lessee for any premium or premiums paid by Lessee for the coverages required under this Section upon written demand therefor. Each insurer mentioned in this Article 13 shall agree, by endorsement to the policy or policies issued by it, or by independent instrument furnished to Lessee, that it will give to Lessee thirty (30) days’ written notice before the policy or policies in question shall be materially altered, allowed to expire or canceled.

  • School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Good Faith Performance Each Party shall act in good faith in its performance under this Agreement and, in each case in which a Party’s consent or agreement is required or requested hereunder, such Party shall not unreasonably withhold or delay such consent or agreement.

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