Common use of Due Process and Progressive Discipline Clause in Contracts

Due Process and Progressive Discipline. No employee shall be disciplined in an arbitrary or capricious manner, nor shall any employee be disciplined without just cause. The employee shall be informed within five working days, verbally or in writing, of any complaint that may result in disciplinary action. Any violation of Board Policy, department procedures or other action by an employee that would be detrimental to the welfare of others may also constitute a complaint against the employee. If there is a complaint against an employee the following steps shall be taken to resolve any problems associated with the complaint: 1. The supervisor/designee will meet with the employee to discuss the complaint at which time the employee may receive a verbal warning unless the matter is resolved. The employee may have a representative of the Association at this meeting and any meeting thereafter. 2. A written warning may follow a verbal warning. 3. A suspension may follow a written warning. 4. Termination may follow a suspension. The District reserves the right not to follow the progressive discipline steps in instances when there is a matter concerning health, safety, security, theft, insubordination, intoxication, inappropriate conduct toward others or other occurrences determined to be detrimental to the District. Any disciplinary action taken against an employee shall be appropriate to the action being disciplined. Documentation of all discussions, meetings, correspondence and disciplinary action shall become a part of the employee’s personnel file. The employee may request such documents be removed from his/her personnel file two years after the documents were placed in the file. Nothing in this provision or any other provision in this agreement shall alter an employee’s at-will status.

Due Process and Progressive Discipline. No employee shall be disciplined in an arbitrary or capricious manner, nor shall any employee be disciplined without just cause. The employee shall be informed within five working days, verbally or in writing, of any complaint that may result in disciplinary action. Any violation of Board Policy, department procedures or other action by an employee that would be detrimental to the welfare of others may also constitute a complaint against the employee. If there is a complaint against an employee the following steps shall be taken to resolve any problems associated with the complaint: 1. The supervisor/designee will meet with the employee to discuss the complaint at which time the employee may receive a verbal warning unless the matter is resolved. The employee may have a representative of the Association at this meeting and any meeting thereafter. 2. A written warning may follow a verbal warning. 3. A suspension may follow a written warning. 4. Termination may follow a suspension. The District reserves the right not to follow the progressive discipline steps in instances when there is a matter concerning health, safety, security, theft, insubordination, intoxication, inappropriate conduct toward others or other occurrences determined to be detrimental to the District. Any disciplinary action taken against an employee shall be appropriate to the action being disciplined. Documentation of all discussions, meetings, correspondence and disciplinary action shall become a part of the employee’s personnel file. The employee may request such documents be removed from his/her personnel file two years after the documents were placed in the file. Nothing in this provision or any other provision in this agreement shall alter an employee’s at-will status.