DUE PROCESS AND COMPLAINTS Sample Clauses

DUE PROCESS AND COMPLAINTS. CONTRACTOR shall fully participate in due process proceedings before OAH, including mediations and hearings, as requested by XXX. CONTRACTOR shall also fully participate in the investigation and provision of documentation related to any complaint filed with the State of California, the Office of Civil Rights, or any other state and/or federal governmental body or agency. XXX shall inform parent(s) of their due process rights upon 1) each notification of an IEP meeting; 2) reevaluation of their child; 3) registration of a complaint or a request for a due process hearing; and (4) the commencement of an expulsion proceeding. Upon request by XXX, CONTRACTOR shall assist the LEA in meeting its due process notification obligations.
AutoNDA by SimpleDocs
DUE PROCESS AND COMPLAINTS. DOS and DOR agree that DOR is the DSEA or LEA for DOR students who receive Services pursuant to this Agreement. DOS is the service provider for students who receive Services pursuant to this Agreement. As such, DOR will not object to DOS’s attempt to be dismissed and/or dismissal from any due process hearing or complaint proceeding other than a Uniform Complaint, complaint against DOS employee or tort claim that is properly filed with and against DOS. Even if it is not named and/or is dismissed in a due process hearing or other related complaint, DOS agrees to collaborate and cooperate with DOR including resolution sessions, mediations, and due process hearings. DOS will coordinate witness availability and production of documents regarding the student. DOS Legal Counsel will be allowed to accompany DOS through any meetings and preparation prior to the due process hearing and will interface with DOR Legal Counsel. However, DOS Legal Counsel will not participate in the actual due process hearing unless DOS is a party. In the event that DOS is named as the sole LEA in a due process hearing or related complaint, DOS and DOR agree that DOR, as the student’s DSEA, is a necessary party to the due process proceedings. Upon receipt of a due process complaint filed on behalf of a student who receives or received Services wherein the other Party is not named, the Parties agree to provide such complaint to the other Party within twenty-four hours. DOS and DOR shall also fully participate in the investigation and provision of documentation related to any complaint filed with the State of California, the Office for Civil Rights, or any other State and/or federal governmental body or agency. If, through a due process hearing or other complaint process, DOR reaches a settlement that affects Services and/or DOS, DOR shall contact the DOS Superintendent and/or Educational Specialist Administrator to discuss the terms that affect Services and/or DOS and obtain their written consent prior to agreeing to such terms. DOS must also review and approve in writing any settlement or other agreement language regarding Services before it is agreed to by the parties. Such a review and approval does not make DOS a party to the agreement but ensures that the language agreed to regarding Services can be implemented.

Related to DUE PROCESS AND COMPLAINTS

  • Complaints If you have a complaint relating to the sale of energy by us to you, or this contract generally, you may lodge a complaint with us in accordance with our standard complaints and dispute resolution procedures. Note: Our standard complaints and dispute resolution procedures are published on our website.

  • Complaints Procedure (a) A formal complaint must be submitted in writing within six months of the last alleged occurrence. (b) A complaint must be submitted through the Union and/or directly to the Executive Director (or the equivalent or designate). When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of Article 29 (Harassment), and the remedy sought. (d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or equivalent), or where there are possible systemic issues or multiple complaints, the following process will be used: (1) The complainant will contact the Union. (2) As soon as possible but within 30 days the Union will notify the Executive Director (or equivalent) and CSSEA. Clause 29.4 (a) and (c) apply to the notice. CSSEA will inform the Employer's Board of Directors. (3) CSSEA and the Union will appoint either Xxxxx Xxxxx or Xxxxxx Xxxx to resolve the complaint. (The person appointed is referred to below as "the Appointee".) (4) After consultation with the parties involved, the Appointee will establish the process to resolve the complaint. The process may include - at the Appointee's discretion - any of the following (or any combination of them): fact-finding, mediation, making recommendations or a full report, or conducting an expedited arbitration. In exercising their discretion with respect to the process, the Appointee will consider the parties' desire that the process be fair and expeditious, that it minimizes disruption in the workplace, that it respects individual privacy to the degree possible in the circumstances, and that it keeps costs to a reasonable level. The Appointee will submit any report or recommendations to CSSEA and the Union. The report and recommendations will remain confidential, except for distribution to the Employer's Board of Directors, the complainant and the respondent. The Appointee may stipulate conditions she/he deems appropriate with respect to distribution. Any outcomes of the process are without prejudice or precedent for other proceedings. (5) The Appointee's fees and expenses will be shared by the Employer and the Union. (j) The Employer may take appropriate action, including discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

  • Procurement Related Complaints and Administrative Review 49.1 The procedures for making a Procurement-related Complaint are as specified in the TDS. 49.2 A request for administrative review shall be made in the form provided under contract forms.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!