Common use of Dismissal Procedures Clause in Contracts

Dismissal Procedures. 4.65.1 ‘Dismissal’ means the termination for just cause of a term appointment or a probationary appointment before the end of the stated contractual period, or the termination of a tenure appointment for cause at any time other than normal retirement. Neither the failure to renew a term or probationary appointment at the end of the defined term nor the decision not to grant tenure, nor termination of an appointment for the purpose of retirement, provided these actions are in accordance with this Agreement, constitutes dismissal. 4.65.2 Just cause shall be defined as: x. xxxxx misconduct; b. persistent failure to discharge academic responsibilities as defined in this Agreement either through incompetence or neglect of duties. 4.65.3 Cases involving the inability of a Member to perform reasonable duties by reason of physical or emotional illness shall be treated separately from cases of dismissal for cause. a. Where such inability has been established, leave shall be granted and the case dealt with within the University sickness and disability provisions according to Article 5.45. b. If the Member refuses to comply with the requirements of the University’s sickness and disability provisions (e.g. refuses a medical examination required by the University pursuant to Article 5.45) or policies of the company carrying the insurance or refuses the leave associated with these procedures, the President may proceed with dismissal. c. If the President proceeds with dismissal for cause, it shall be a sufficient defence to prevent dismissal for the Member to establish that failure to perform reasonable duties arose from physical or emotional illness. d. If Members are on sickness or disability leave and consider that they have recovered and are capable of undertaking normal academic activities, they shall present medical evidence from a medical practitioner to the President. If the President agrees, the Members shall be reinstated with full rights and benefits forthwith. If the President disagrees, the President shall require the opinion of two (2) additional medical practitioners named by agreement with the Member, or if there is no agreement, by the A. The majority opinion of the three (3) medical practitioners shall prevail. The Board shall pay the cost of such additional medical examinations required by it. 4.65.4 The President of the University may, by written notice for stated cause, suspend Members from some or all of their University duties and withdraw some or all of their University privileges, excluding Membership in Senate, provided that dismissal procedures or procedures related to physical or emotional incapacity to perform reasonable duties (see 3 above), have already been initiated or are initiated within 24 hours. The suspension shall terminate with the conclusion of the dismissal or other proceedings, or at such earlier time as the President may deem appropriate. The stated cause must involve a situation perceived by the President as an immediate threat to the functioning of the University, or to any Member of the University. Salary and other benefits shall continue throughout the period of suspension. 4.65.5 If the President is satisfied that there is a prima facie case the President shall initiate dismissal proceedings in the following manner. The President shall notify the Member of her/his intentions and request that the Member meet with the President, and such persons as the President may wish, for a discussion of the case. In this and all further proceedings, the Member may be accompanied by an advisor. If this attempt fails to settle the matter, or if the Member refuses to meet with the President, the Member shall be informed by the President, in writing, by registered mail, of the reasons for the dismissal proceedings against the Member in sufficient detail to enable the Member to prepare a response. 4.65.6 If the Member’s whereabouts are unknown to the University and the Association, the meeting contemplated in (6) above shall be dispensed with and the President may immediately give notice of dismissal by registered mail addressed to the Member’s last known address.

Dismissal Procedures. 4.65.1 ‘Dismissal’ 1. „Dismissal‟ means the termination for just cause of a term appointment or a probationary appointment before the end of the stated contractual period, or the termination of a tenure appointment for cause at any time other than normal retirement. Neither the failure to renew a term or probationary appointment at the end of the defined term nor the decision not to grant tenure, nor termination of an appointment for the purpose of retirement, provided these actions are in accordance with this Agreement, constitutes dismissal. 4.65.2 2. Just cause shall be defined as: x. xxxxx a) gross misconduct; b. b) persistent failure to discharge academic responsibilities as defined in this Agreement either through incompetence or neglect of duties. 4.65.3 3. Cases involving the inability of a Member to perform reasonable duties by reason of physical or emotional illness shall be treated separately from cases of dismissal for cause. a. a) Where such inability has been established, leave shall be granted and the case dealt with within the University sickness and disability provisions according to Article 5.453.40. b. b) If the Member refuses to comply with the requirements of the University’s University‟s sickness and disability provisions (e.g. refuses a medical examination required by the University pursuant to Article 5.453.40) or policies of the company carrying the insurance or refuses the leave associated with these procedures, the President may proceed with dismissal. c. c) If the President proceeds with dismissal for cause, it shall be a sufficient defence to prevent dismissal for the Member to establish that failure to perform reasonable duties arose from physical or emotional illness. d. d) If Members are on sickness or disability leave and consider that they have recovered and are capable of undertaking normal academic activities, they shall present medical evidence from a medical practitioner to the President. If the President agrees, the Members shall be reinstated with full rights and benefits forthwith. If the President disagrees, the President shall require the opinion of two (2) additional medical practitioners named by agreement with the Member, or if there is no agreement, by the A. the O.M.A. The majority opinion of the three (3) medical practitioners shall prevail. The Board shall pay the cost of such additional medical examinations required by it. 4.65.4 4. The President of the University may, by written notice for stated cause, suspend Members from some or all of their University duties and withdraw some or all of their University privileges, excluding Membership in Senate, provided that dismissal procedures or procedures related to physical or emotional incapacity to perform reasonable duties (see 3 above), have already been initiated or are initiated within 24 hours. The suspension shall terminate with the conclusion of the dismissal or other proceedings, or at such earlier time as the President may deem appropriate. The stated cause must involve a situation perceived by the President as an immediate threat to the functioning of the University, or to any Member of the University. Salary and other benefits shall continue throughout the period of suspension. 4.65.5 5. If the President is satisfied that there is a prima facie case the President shall initiate dismissal proceedings in the following manner. The President shall notify the Member of her/his intentions and request that the Member meet with the President, and such persons as the President may wish, for a discussion of the case. In this and all further proceedings, the Member may be accompanied by an advisor. If this attempt fails to settle the matter, or if the Member refuses to meet with the President, the Member shall be informed by the President, in writing, by registered mail, of the reasons for the dismissal proceedings against the Member in sufficient detail to enable the Member to prepare a response. 4.65.6 6. If the Member’s Member‟s whereabouts are unknown to the University and the Association, the meeting contemplated in (6) above shall be dispensed with and the President may immediately give notice of dismissal by registered mail addressed to the Member’s Member‟s last known address.

Dismissal Procedures. 4.65.1 ‌ 1. ‘Dismissal’ means the termination for just cause of a term appointment or a probationary appointment before the end of the stated contractual period, or the termination of a tenure appointment for cause at any time other than normal retirement. Neither the failure to renew a term or probationary appointment at the end of the defined term nor the decision not to grant tenure, nor termination of an appointment for the purpose of retirement, provided these actions are in accordance with this Agreement, constitutes dismissal. 4.65.2 2. Just cause shall be defined as: x. xxxxx a) gross misconduct; b. b) persistent failure to discharge academic responsibilities as defined in this Agreement either through incompetence or neglect of duties. 4.65.3 3. Cases involving the inability of a Member to perform reasonable duties by reason of physical or emotional illness shall be treated separately from cases of dismissal for cause. a. a) Where such inability has been established, leave shall be granted and the case dealt with within the University sickness and disability provisions according to Article 5.453.40. b. b) If the Member refuses to comply with the requirements of the University’s sickness and disability provisions (e.g. refuses a medical examination required by the University pursuant to Article 5.453.40) or policies of the company carrying the insurance or refuses the leave associated with these procedures, the President may proceed with dismissal. c. c) If the President proceeds with dismissal for cause, it shall be a sufficient defence to prevent dismissal for the Member to establish that failure to perform reasonable duties arose from physical or emotional illness. d. d) If Members are on sickness or disability leave and consider that they have recovered and are capable of undertaking normal academic activities, they shall present medical evidence from a medical practitioner to the President. If the President agrees, the Members shall be reinstated with full rights and benefits forthwith. If the President disagrees, the President shall require the opinion of two (2) additional medical practitioners named by agreement with the Member, or if there is no agreement, by the A. the O.M.A. The majority opinion of the three (3) medical practitioners shall prevail. The Board shall pay the cost of such additional medical examinations required by it. 4.65.4 4. The President of the University may, by written notice for stated cause, suspend Members from some or all of their University duties and withdraw some or all of their University privileges, excluding Membership in Senate, provided that dismissal procedures or procedures related to physical or emotional incapacity to perform reasonable duties (see 3 above), have already been initiated or are initiated within 24 hours. The suspension shall terminate with the conclusion of the dismissal or other proceedings, or at such earlier time as the President may deem appropriate. The stated cause must involve a situation perceived by the President as an immediate threat to the functioning of the University, or to any Member of the University. Salary and other benefits shall continue throughout the period of suspension. 4.65.5 5. If the President is satisfied that there is a prima facie case the President shall initiate dismissal proceedings in the following manner. The President shall notify the Member of her/his intentions and request that the Member meet with the President, and such persons as the President may wish, for a discussion of the case. In this and all further proceedings, the Member may be accompanied by an advisor. If this attempt fails to settle the matter, or if the Member refuses to meet with the President, the Member shall be informed by the President, in writing, by registered mail, of the reasons for the dismissal proceedings against the Member in sufficient detail to enable the Member to prepare a response. 4.65.6 6. If the Member’s whereabouts are unknown to the University and the Association, the meeting contemplated in (6) above shall be dispensed with and the President may immediately give notice of dismissal by registered mail addressed to the Member’s last known address.