Common use of DUE PROCESS/JUST CAUSE Clause in Contracts

DUE PROCESS/JUST CAUSE. (A) No employee shall be disciplined (including warnings, reprimands, suspensions, reduction in rank or professional advantage, or other actions that would adversely affect the teacher) without just cause. Any such discipline shall be subject to the grievance procedure hereinafter set forth. The specific grounds forming the basis for disciplinary action or reprimand will be made available to the employee and to the Association. (B) An employee shall be entitled to have a representative of the Association present during disciplinary action subject to the following conditions: 1. In emergency situations in which delay of disciplinary action could result in danger to persons and/or when legal requirements are involved, immediate disciplinary action excluding unpaid suspension or termination may occur to the extent required to protect persons and/or to satisfy legal requirements. 2. In non-emergency situations the employee’s notification of representation shall be in writing and shall be transmitted to the district in a manner that does not result in delay of any scheduled meeting about which the employee has at least twenty-four (24) hours advance notice. The employee’s request to the Association for such representation need not be in writing. (C) An employee shall be advised by the district of his/her right to Association representation as provided by the terms stated in Section 1-B of Article III of this Agreement. (D) An employee shall be notified in writing of any formal complaint lodged against him/her by any employee of the district, student, parent or member of the community. Any formal complaint not called to the attention of the employee within ten (10) days of its receipt by the person’s supervisor or other district administrator who received the complaint against the employee cannot be used against the employee except in extenuating circumstances where informing the employee would be out of compliance with the law. (E) The district will follow a process of progressive discipline in the following order: written warning, written reprimand, suspension without pay, discharge. It is understood and agreed that the process may bypass one or more steps when, after investigation, one or more serious infractions are involved as the cause of the disciplinary action. (F) All complaints, warnings, reprimands and disciplinary procedures and actions will be kept confidential to the extent allowable by the Washington State Public Disclosure Law (RCW 42.56).

Appears in 2 contracts

Samples: Contractual Agreement, Contractual Agreement

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DUE PROCESS/JUST CAUSE. (A) A. No employee shall be disciplined (including warnings, reprimands, suspensions, reduction in rank or professional advantage, or other actions that would adversely affect the teacher) without just cause. Any such discipline shall be subject to the grievance procedure hereinafter set forth. The specific grounds forming the basis for disciplinary action or reprimand will be made available to the employee and to the Association. (B) B. An employee shall be entitled to have a representative of the Association present during disciplinary action subject to the following conditions: 1. In emergency situations in which delay of disciplinary action could result in danger to persons and/or when legal requirements are involved, immediate disciplinary action excluding unpaid suspension or termination may occur to the extent required to protect persons and/or to satisfy legal requirements. 2. In non-emergency situations the employee’s notification of representation shall be in writing and shall be transmitted to the district District in a manner that does not result in delay of any scheduled meeting about which the employee has at least twenty-four (24) hours advance notice. The employee’s request to the Association for such representation need not be in writing. (C) C. An employee shall be advised by the district District of his/her right to Association representation as provided by the terms stated in Section 1-B 1.B of Article III of this Agreement. (D) D. An employee shall be notified in writing of any formal complaint lodged against him/her by any employee of the districtDistrict, student, parent or member of the community. Any formal complaint not called to the attention of the employee within ten (10) days of its receipt by the person’s supervisor or other district District administrator who received the complaint against the employee cannot be used against the employee except in extenuating circumstances where informing the employee would be out of compliance with the law. (E) E. The district District will follow a process of progressive discipline in the following order: written warning, written reprimand, suspension without pay, discharge. It is understood and agreed that the process may bypass one or more steps when, after investigation, one or more serious infractions are involved as the cause of the disciplinary action. (F) . F All complaints, warnings, reprimands and disciplinary procedures and actions will be kept confidential to the extent allowable by the Washington State Public Disclosure Law (RCW 42.56).

Appears in 1 contract

Samples: Collective Bargaining Agreement

DUE PROCESS/JUST CAUSE. (A) ‌ A. No employee shall be disciplined (including warnings, reprimands, suspensions, reduction in rank or professional advantage, or other actions that would adversely affect the teacher) without just cause. Any such discipline shall be subject to the grievance procedure hereinafter set forth. The specific grounds forming the basis for disciplinary action or reprimand will be made available to the employee and to the Association. (B) B. An employee shall be entitled to have a representative of the Association present during disciplinary action subject to the following conditions: 1. In emergency situations in which delay of disciplinary action could result in danger to persons and/or when legal requirements are involved, immediate disciplinary action excluding unpaid suspension or termination may occur to the extent required to protect persons and/or to satisfy legal requirements. 2. In non-emergency situations the employee’s notification of representation shall be in writing and shall be transmitted to the district in a manner that does not result in delay of any scheduled meeting about which the employee has at least twenty-four (24) hours advance notice. The employee’s request to the Association for such representation need not be in writing. (C) C. An employee shall be advised by the district of his/her right to Association representation as provided by the terms stated in Section 1-B 1.B of Article III of this Agreement. (D) An X. Xx employee shall be notified in writing of any formal complaint lodged against him/her by any employee of the district, student, parent or member of the community. Any formal complaint not called to the attention of the employee within ten (10) days of its receipt by the person’s supervisor or other district administrator who received the complaint against the employee cannot be used against the employee except in extenuating circumstances where informing the employee would be out of compliance with the law. (E) E. The district will follow a process of progressive discipline in the following order: written warning, written reprimand, suspension without pay, discharge. It is understood and agreed that the process may bypass one or more steps when, after investigation, one or more serious infractions are involved as the cause of the disciplinary action. (F) . F All complaints, warnings, reprimands and disciplinary procedures and actions will be kept confidential to the extent allowable by the Washington State Public Disclosure Law (RCW 42.56).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DUE PROCESS/JUST CAUSE. (A) A. No employee shall be disciplined (including warnings, reprimands, suspensions, reduction in rank or professional advantagedischarges, layoff, terminations or other actions that would adversely affect the teacheremployee) without just and sufficient cause. Any . B. Notice of such discipline shall be subject to the grievance procedure hereinafter set forth. The specific grounds forming the basis for disciplinary action or reprimand will be made available given to the employee and with a copy to the AssociationAssociation President by the employer. Every effort shall be made to solve the problem with the employee's immediate supervisor. (B) C. An employee shall be entitled advised of the right to have present a representative of the Association present during any formal meeting which may lead to a disciplinary action subject to the following conditions: 1action. In emergency situations in which delay of disciplinary action could result in danger to persons and/or when legal requirements are involved, immediate disciplinary action excluding unpaid suspension or termination may occur to the extent required to protect persons and/or to satisfy legal requirements. 2. In non-emergency situations the employee’s notification of representation shall be in writing and shall be transmitted to the district in When a manner that does not result in delay of any scheduled meeting about which the employee has at least twenty-four (24) hours advance notice. The employee’s request to the Association for such representation need is made, no action shall be taken with respect to the employee until such representative of the Association is present. The employee will be allowed consultation with the Association Representative at the outset of the meeting. D. If the problem has not been solved as stated in Section B above, a written notice of the discipline shall be made to the employee within five (5) working days. This notice shall specify the grounds which form the basis for disciplinary action. E. A policy of progressive discipline shall be employed. It shall include, but not be in writing. (C) An limited to, verbal warning, written reprimand, suspension with pay, suspension without pay, and discharge as a final and last step. Some charges of a serious nature may require omitting some of these steps. Any disciplinary action taken against an employee shall be advised by appropriate to the district behavior which precipitates said action. Discipline shall be administered in a confidential manner. The Association must be notified any time an employee is disciplined in writing with a copy of his/her right such discipline sent to Association representation as provided by the terms stated in Section 1-B President no later than five (5) days after occurrence. Employees who are terminated shall be given all accrued benefits to the date of Article III of this Agreementtermination. (D) An F. Any complaint made against an employee shall be notified in writing of any formal complaint lodged against him/her by any employee of the districtparent, studentstudent or other person, parent or member of the community. Any formal complaint that is not called to the attention of the employee within ten (10) days of its receipt by the person’s supervisor or other district administrator who received the complaint against the employee candays, may not be used as the basis for any disciplinary action against the employee except in extenuating circumstances where informing the employee would be out of compliance with the lawemployee. G. Security cameras are intended as security devices for the District to deter potential malicious activities i n and around school property. Any employee issue resulting from the use of surveillance cameras shall be handled in accordance with Section 3.3 (E) The district will follow a process of progressive discipline in the following order: written warning, written reprimand, suspension without pay, discharge. It is understood and agreed that the process may bypass one or more steps when, after investigation, one or more serious infractions are involved as the cause of the disciplinary action. (F) All complaints, warnings, reprimands and disciplinary procedures and actions will be kept confidential to the extent allowable by the Washington State Public Disclosure Law (RCW 42.56Due Process/Just Cause).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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