Due Process and Just Cause. 1. Just Cause: No employee will be disciplined without just cause.
Due Process and Just Cause. No non-probationary member of the bargaining unit shall be demoted to a lower paying job as a result of discipline or poor performance, suspended without pay, otherwise disciplined or dismissed without appropriate due process and just cause as follows:
a. The employee shall be told the charges or the basis for the contemplated action.
b. The employee will have an opportunity to discuss the matter with their supervisor or with the Superintendent or their designee before the final decision is made to discipline, demote, suspend or dismiss.
c. The District shall give an employee reasonable forewarning of possible disciplinary consequences of the employee's behavior except in cases of serious misconduct.
d. Before demoting, suspending or dismissing, the employer will conduct a fair and objective investigation to discover whether the employee did in fact violate or disobey a rule or order or other legitimate expectation of the District. The rule, order or expectation shall be reasonably related to a productive, orderly, safe or efficient workplace.
e. District’s investigation must produce substantial evidence or proof of the charges (an amount of evidence that a reasonable person could use to reach the conclusion).
f. The District will apply its rules, orders, and penalties even-handedly.
g. The action taken by the District shall be reasonably related to the seriousness of the offense or poor performance and the record of the employee's service to the employer.
h. In the event an employee is arrested or charged with an offense for which a conviction would be cause for termination of employment, the employee may be suspended without pay pending legal disposition of the charges. In the event of acquittal or dismissal of all charges and return to duty, the employee shall receive full pay for the period of suspension.
i. In the event of a prolonged suspension exceeding two (2) months, the employee and representatives of the District and the Union shall meet to review the circumstances and alternatives and to seek a mutually acceptable resolution of the employee's status.
Due Process and Just Cause a. The Board and the Association expressly agree that the Board and Administration shall not discipline a tenured professional employee except for cause.
b. Disciplinary actions which the Board or Administration may take, provided that cause exists, shall include, but shall not be limited to, oral reprimand, written warning, written reprimand, suspension from employment duties without pay, demotion, unsatisfactory rating, or dismissal for cause. In the event that a grievance filed under this section is processed to the arbitration level, the arbitrator shall have exclusive jurisdiction to determine whether just cause exists, and if so, the appropriate penalty.
c. Bargaining unit members who are tenured professional employees and have received or are in danger of receiving an unsatisfactory rating shall be subject to the Rose Tree Media Intensive Supervision Program.
d. No tenured professional employee shall be dismissed unless the District Superintendent shall recommend dismissal and a majority of the Board shall vote for dismissal at a public meeting of the Board.
e. In determining whether cause exists for dismissal, that term shall specifically include, but shall not be limited to, just cause, or any conduct or action by a tenured professional employee which would lawfully provide a proper basis for dismissal pursuant to Section 1122 of the Public School Code of 1949 and interpretations thereof by Pennsylvania Courts and/or the Secretary of Education.
f. In the event that the District Superintendent shall recommend to the Board that a tenured professional employee be dismissed, that recommendation and the reasons therefore shall be transmitted, in writing, to the Board President and the employee involved. Within ten
Due Process and Just Cause. 1. No employee shall be disciplined without just and sufficient cause. Disciplinary action shall mean any administratively-scheduled meeting which includes progressive disciplinary action toward an employee. The employee shall be allowed to have an Association representative of his/her choosing during any disciplinary action. The specific grounds forming the basis for any disciplinary action shall be made available to the employee in writing upon request. When a request by a certificated employee for such representation is made, no action shall be taken with respect to the certificated employee until such representative of the Association is present. If a disciplinary action requires immediate action, and an Association Representative has been requested by the certificated employee but is not immediately available, the District may act to protect its interests and those of the students and other certificated employees, provided the administrator taking action notify the President, at the earliest time practicable.
2. The District agrees to follow a policy of progressive discipline. Such a policy may include, but is not required to include: verbal warning, written reprimand, suspension with pay, suspension without pay, termination.
Due Process and Just Cause. A. Just Cause: No employee will be disciplined without just cause.
B. Written Grounds: The specific grounds forming the basis for disciplinary actions shall be made available to the employee in writing at the time discipline action is taken.
Due Process and Just Cause
