Due Process Meetings. A. Prior to the final determination, the accused employee will be provided with a copy of the completed investigative file and will be notified of the contemplated discipline.
B. The employee will have a minimum of ten (10) working days for a major complaint or seven (7) working days for a moderate or minor complaint to review the case. This period may be extended if the employee has legitimate justification for an extension.
C. The employee may choose to accept the proposed discipline. If the employee does not accept the discipline, a conference shall be conducted following the period described in Subsection 20.2 B above, unless an extension has been granted or the employee has waived his or her right to this due process meeting. Reasonable extensions shall be granted but there shall be no undue delays between receipt of the contemplated discipline and the scheduling of the conference. The accused employee will be afforded the opportunity to present any mitigating evidence he/she deems pertinent. The employee may submit his or her evidence verbally or in writing. The session shall be tape-recorded. The employee may also record the session or request a copy of the tape made by the employee's appointing authority. The employee may be represented at the conference by his/her attorney and Association representatives, the total not to exceed three (3) people for the employee; provided, however, that only one (1) representative of the employee may speak on behalf of the employee unless requested to do so by the Employer.
D. The appointing authority may submit questions arising from the conference to OPS for follow-up investigation if he/she deems necessary.
E. When making the final decision regarding discipline, the appointing authority will evaluate the mitigating evidence presented by the employee and may consult again with the Commander of OPS.
F. The accused employee will be notified by OPS of the final determination and the employee and the Association will be provided with a copy of all the charges.
Due Process Meetings. A. Prior to the final decision, the accused employee will be provided with a copy of all the charges in the investigation and furnished a copy of the completed investigative file.
B. The employee will have a minimum of ten (10) working days for a major complaint or seven (7) working days for a moderate or minor complaint to review the case. This period may be extended if the employee has legitimate justification for an extension.
C. The employee may choose to accept the proposed discipline. If the employee does not accept the discipline, a conference shall be conducted following the period described above, unless an extension has been granted or the employee has waived their right to this due process meeting. The accused employee will be afforded the opportunity to present any mitigating evidence they deem pertinent. The employee may submit their evidence verbally or in writing. The session shall be tape-recorded. The employee may also record the session or request a copy of the tape made by the appointing authority. A representative of the Association and counsel may represent the employee at the conference, provided that only one (1) representative may speak on behalf of the employee unless requested to do so by the Employer.
D. The appointing authority may submit questions arising from the conference to the OPS for follow-up investigation if they deem the follow-up is necessary.
E. When making the final decision regarding discipline, the appointing authority will evaluate the mitigating evidence presented by the employee and may consult again with the OPS.
F. The accused employee will be notified by OPS of the final determination and the employee and the Association will be provided with a copy of all the charges.
Due Process Meetings. Due process meetings will:
(a) include discussion of the School's concerns with the Employee's performance;
(b) give the Employee an opportunity to respond to the School's concerns;
(c) include discussion of any counselling or assistance, where appropriate, available to the Employee;
(d) include documentation, where appropriate;
(e) set periods of review, as appropriate.
Due Process Meetings. When the University determines that an employee has violated laws, rules, regulations, or is guilty of other misconduct that may result in suspension, disciplinary demotion or discharge, a due process hearing shall be held by the AVP of Human Resources or designee within twenty-one (21) days of the event(s) or discovery by the University, whichever is later. No more than fourteen (14) days from the date of the due process hearing, the employee and the Chief Xxxxxxx shall be informed in accordance with the provisions of Article 12 Section 20 of the decision of the AVP of Human Resources or designee. All time limits in this Article may be waived by agreement of the University and the Union.
