Common use of Dismissal Procedure for Permanent Employees Clause in Contracts

Dismissal Procedure for Permanent Employees. The Superintendent/President, or his designee, subject to Board approval, shall inform the unit member by written notice of the specific charges against him/her; a statement of his/her right to a hearing on such charges, and the time within such hearing may be requested. The written notice of dismissal shall contain a statement relative to the Board’s intention to dismiss said unit member after thirty (30) days from service of the notice. The dismissal notice shall provide the unit member with an opportunity for a hearing, upon request, which shall not be less than five (5) working days after service of the intent to dismiss such unit member. Failure on the part of the unit member to request a hearing within the limit established in the notice shall be deemed a refusal by said unit member to a hearing. The intent to dismiss shall also contain a card or paper, the signing of which shall constitute a demand for a hearing and the denial of all charges. If the unit member requests a hearing within the time prescribed by the dismissal notice, the Board shall afford such unit member with an opportunity for the hearing. The burden of proof for establishing sufficiency of cause shall remain with the Board. No disciplinary action shall be taken for any cause which arose prior to the unit member becoming permanent, not for any cause which arose more than two (2) years preceding the date of filing of the notice of cause, unless such cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Dismissal Procedure for Permanent Employees. 1) The Superintendent/President, or his designee, subject to Board approval, shall inform the unit member by written notice of the specific charges against him/her; a statement of his/her right to a hearing on such charges, and the time within such hearing may be requested. The written notice of dismissal shall contain a statement relative to the Board’s intention to dismiss said unit member after thirty (30) days from service of the notice. . 2) The dismissal notice shall provide the unit member with an opportunity for a hearing, upon request, which shall not be less than five (5) working days after service of the intent to dismiss such unit member. Failure on the part of the unit member to request a hearing within the limit established in the notice shall be deemed a refusal by said unit member to a hearing. . 3) The intent to dismiss shall also contain a card or paper, the signing of which shall constitute a demand for a hearing and the denial of all charges. . 4) If the unit member requests a hearing within the time prescribed by the dismissal notice, the Board shall afford such unit member with an opportunity for the hearing. The burden of proof for establishing sufficiency of cause shall remain with the Board. . 5) No disciplinary action shall be taken for any cause which arose prior to the unit member becoming permanent, not for any cause which arose more than two (2) years preceding the date of filing of the notice of cause, unless such cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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