Common use of Due Process Procedure Clause in Contracts

Due Process Procedure. Before an employee may be disciplined under any of the above steps, the following procedure shall be followed: A. The employee shall have the right to a preliminary hearing to be conducted by the Superintendent or his/her designee. This preliminary hearing shall be informal and shall not be an evidentiary hearing. The employee may be accompanied at the hearing by a representative of his/her choice. The employee shall have not less than two (2) days written notice of the time and place of the preliminary hearing. Failure of the employee to attend at the time and place indicated in the notice shall be deemed to be a waiver of his/her right to such hearing. B. At the preliminary hearing, the employee shall be advised by the Superintendent or his/her designee of the nature of the charges against him/her and shall be given the opportunity to respond by way of explanation or defense. C. Following this hearing, the Superintendent or his/her designee may conduct a further investigation concerning any matters which may have been raised during the hearing or have otherwise come to the attention of the Superintendent or his/her designee, after which the Superintendent or his/her designee shall take such action or make such recommendation as he/she deems appropriate. The employee shall be notified in writing of any action taken. D. Following the preliminary hearing the Superintendent or his/her designee shall furnish such employee with a copy of the decision on discipline which shall state the reasons therefore. E. For disciplinary actions where the recommendation is for a suspension of more than three (3) working days up to and including termination, the employee shall have the right to meet with the Board of Education in executive session at its next regular meeting or at a special meeting called for such purpose. The employee shall be given notice of the date, time and place of such Board meeting. The employee may be accompanied by representation. The Board may reverse, modify or affirm any disciplinary action taken by the Superintendent. Termination requires approval by the Board. The decision of the Board of Education shall be in writing and delivered to the employee with a copy to the Association President. F. Any notices, copies of order or recommendations required by this article to be served upon an employee shall be served in person; provided, however, in the event the employee is on any type of leave or is absent without leave or is absent without leave when service is attempted, then such service shall be by ordinary mail sent to the employee’s last address as shown on the Board’s records. In that event, service is deemed complete seventy-two (72) hours after mailing. G. In steps one through three, only procedural compliance with this article may be grieved.

Due Process Procedure. Before an employee may be disciplined under any of the above stepssuspended without pay, non-renewed, terminated or transferred, or reduced for disciplinary reasons, the following procedure shall be followed: A. The employee shall have the right to a preliminary hearing meeting to be conducted by the Superintendent or his/her designee. This preliminary hearing meeting shall be informal and shall not be an evidentiary hearing. The employee may be accompanied at the hearing by a representative of his/her choice. The employee shall not have not less than two (2) days written notice of the time and place of the preliminary hearingmeeting. Failure of the employee to attend at the time and place indicated in the notice shall be deemed to be a waiver of his/her right to such hearingmeeting. B. At the preliminary hearingmeeting, the employee shall be advised by the Superintendent or his/her designee of the nature of the charges against him/her and shall be given the opportunity to respond by way of explanation or defense. C. Following this hearingthe meeting, the Superintendent or his/her designee may conduct a further investigation concerning any the matters which may have been raised during the hearing meeting or have otherwise come to the attention of the Superintendent or his/her designee, after which the Superintendent or his/her designee shall take such action or make such recommendation as he/she deems appropriate. The employee shall be notified in writing of any action taken. D. Following the preliminary hearing meeting in any case wherein the Superintendent or his/her designee imposes a suspension of more than three (3) working days, or recommends termination, the Superintendent or his/her designee shall furnish such employee with a copy of the decision on discipline order of suspension or recommendation of non- renewal or termination, which order shall state the reasons therefore. E. For disciplinary actions where the recommendation is for a suspension of more than three (3) working days up to and including termination, the employee shall have the right to meet with the Board of Education in executive session at its next regular meeting or at a special meeting called for such purpose. The employee All discipline shall be given notice of appealable through the date, time and place of such Board meeting. The employee may be accompanied by representation. The Board may reverse, modify or affirm any disciplinary action taken by the Superintendent. Termination requires approval by the Board. The decision of the Board of Education shall be in writing and delivered to the employee with a copy to the Association Presidentgrievance procedure through expedited arbitration. F. Any notices, copies of order or recommendations required by this article Article to be served upon an employee shall be served in person; provided, however, in the event the employee is on any type of leave or is absent without leave or is absent without with leave when service is attempted, then such service shall be by ordinary mail sent to the employee’s last address as shown on the Board’s records. In that event, service is deemed complete seventy-two (72) hours after mailing. G. In steps one through three, only procedural compliance with The provisions of this article may be grievedArticle do not apply to the removal of an employee during his/her probationary period.

Due Process Procedure. Before Except in emergency situations, before an employee may be disciplined under any of the above stepssuspended with or without pay, docked pay or terminated, the following procedure shall be followed: A. 1. The employee shall have the right to a preliminary hearing to be conducted by the Superintendent supervisor or his/her designee. This preliminary hearing shall be informal and shall not be an evidentiary hearing. The employee may be accompanied at the hearing by a representative of his/her choice. The employee shall not have not less than two (2) days written working days’ notice of the time and place of the preliminary hearing. Failure of the employee to attend at the The time and place indicated in of the notice hearing shall be deemed to be a waiver of mutually agreed upon by the employee and the supervisor or his/her right to such hearinghe designee. B. 2. At the preliminary hearing, the employee shall be advised by the Superintendent supervisor or his/her designee of the nature of the charges against him/her and shall be given the opportunity to respond by way of explanation or defense. Within five (5) working days of the preliminary hearing, unless mutually agreed to otherwise, the employee shall be advised in writing of the supervisor’s disposition. C. Following this hearing, 3. If the Superintendent or his/her designee may conduct recommends a further investigation concerning any matters which may have been raised during the hearing or have otherwise come termination, such recommendation shall be presented to the attention of the Superintendent or his/her designee, after which the Superintendent or his/her designee shall take such action or make such recommendation as he/she deems appropriate. The employee shall be notified in writing of any action taken. D. Following the preliminary hearing the Superintendent or his/her designee shall furnish such employee with a copy of the decision on discipline which shall state the reasons therefore. E. For disciplinary actions where the recommendation is for a suspension of more than three (3) working days up to and including termination, the employee shall have the right to meet with the Board of Education in executive session at its next regular regularly scheduled meeting or at a special meeting called for such purpose, but at no time less than fifteen (15) working days of the Superintendent’s disposition unless early retirement is agreed to by the parties. The employee shall be given notice of the date, time and place of such Board meeting. The employee shall have the right to a hearing before the Board, which shall not be an evidentiary hearing. Both the employee and the Board may be accompanied represented by representation. The Board counsel or other representative of their choosing; both parties may reverse, modify or affirm any disciplinary action taken by the Superintendent. Termination requires approval by the Boardcall witnesses. The decision of the Board of Education shall be in writing and delivered to shall be served on the employee with a copy to the Association Presidentemployee. F. 4. Any notices, copies of order or recommendations required by this article Article to be served upon an employee shall be served in person; provided, however, in the event the employee is on any type of leave or is absent without leave or is absent without leave when service is attempted, then such service shall be by ordinary certified mail sent to the employee’s last address as shown on the Board’s records. In that event, service is deemed complete seventy-two (72) hours after mailing. G. 5. The provisions of this Article do not apply to the removal of an employee during his/her probationary period. 6. In steps one through three(1) and two (2), only procedural compliance with this article the Article may be grieved. In steps three (3), four (4) and five (5), if the employee is not satisfied with the disposition of the Superintendent or his/her designee and/or the Board, then the employee shall have the right to appeal the decision to arbitration under Level Five of the Grievance Procedure in Article IX.

Due Process Procedure. Before an employee may be disciplined under any of the above stepssuspended without pay, terminated, transferred, or reduced for disciplinary reasons, the following procedure shall be followed: A. The employee shall have the right to a preliminary hearing to be conducted by the Superintendent or his/her designee. This preliminary hearing shall be informal and shall not be an evidentiary hearing. The employee may be accompanied at the hearing by a representative of his/her choice. The employee shall have not less than two (2) days written notice of the time and place of the preliminary hearing. Failure of the employee to attend at the time and place indicated in the notice shall be deemed to be a waiver of his/her right to such hearing. B. At the preliminary hearing, the employee shall be advised by the Superintendent or his/her designee of the nature of the charges against him/her and shall be given the opportunity to respond by way of explanation or defense. C. Following this hearing, the Superintendent or his/her designee may conduct a further investigation concerning any matters which may have been raised during the hearing or have otherwise come to the attention of the Superintendent or his/her designee, after which the Superintendent or his/her designee shall take such action or make such recommendation as he/she deems appropriate. The employee shall be notified in writing of any action taken. D. Following the preliminary hearing in any case wherein the Superintendent or his/her designee imposes a suspension of more than three (3) working days or termination, the Superintendent or his/her designee shall furnish such employee with a copy of the decision on discipline order of suspension or recommendation of termination, which order shall state the reasons therefore. E. For disciplinary actions where If the recommendation is for Superintendent or his/her designee recommends a suspension of more than three (3) working days up to and including terminationor if the employee has been terminated, the employee shall have the right to meet with the Board of Education in executive session at its the next regular scheduled Board meeting or at a special meeting called for such purposeto present his/her case prior to Board action on the recommendation. The employee shall be given notice of have the date, time and place of such Board right to representation at this meeting. The employee may be accompanied by representation. The Board may reverse, modify or affirm any disciplinary action taken by the Superintendent. Termination requires approval by the Board. The decision of the Board of Education shall be in writing and delivered given to the employee with a copy to the Association Presidentemployee. F. Any notices, copies of order notices or recommendations other documents required by this article to be served upon an employee Article shall be served on the employee in person; provided, however, in person or by certified mail. In the event the employee is on any type of leave or is absent without leave or is absent without leave when service is attemptedcertified mail, then such service shall be by ordinary mail sent to the employee’s last address as shown on the Board’s records. In that event, service is deemed complete seventy-two (72) hours after mailing. G. In steps one through three, only The provisions of this Article do not apply to the removal of an employee during his/her probationary period. H. Only procedural compliance with this article may be grieved.

Due Process Procedure. Before an employee may be disciplined under any of the above steps, the following procedure shall be followed: A. The employee shall have the right to a preliminary hearing to be conducted by the Superintendent or his/her designee. This preliminary hearing shall be informal and shall not be an evidentiary hearing. The employee may be accompanied at the hearing by a representative of his/her choice. The employee shall have not less than two (2) days written notice of the time and place of the preliminary hearing. Failure of the employee to attend at the time and place indicated in the notice shall be deemed to be a waiver of his/her right to such hearing. B. At the preliminary hearing, the employee shall be advised by the Superintendent or his/her designee of the nature of the charges against him/her and shall be given the opportunity to respond by way of explanation or defense. C. X. Following this hearing, the Superintendent or his/her designee may conduct a further investigation concerning any matters which may have been raised during the hearing or have otherwise come to the attention of the Superintendent or his/her designee, after which the Superintendent or his/her designee shall take such action or make such recommendation as he/she deems appropriate. The employee shall be notified in writing of any action taken. D. Following the preliminary hearing the Superintendent or his/her designee shall furnish such employee with a copy of the decision on discipline which shall state the reasons therefore. E. For disciplinary actions where the recommendation is for a suspension of more than three (3) working days up to and including termination, the employee shall have the right to meet with the Board of Education in executive session at its next regular meeting or at a special meeting called for such purpose. The employee shall be given notice of the date, time and place of such Board meeting. The employee may be accompanied by representation. The Board may reverse, modify or affirm any disciplinary action taken by the Superintendent. Termination requires approval by the Board. The decision of the Board of Education shall be in writing and delivered to the employee with a copy to the Association President. F. Any notices, copies of order or recommendations required by this article to be served upon an employee shall be served in person; provided, however, in the event the employee is on any type of leave or is absent without leave or is absent without leave when service is attempted, then such service shall be by ordinary mail sent to the employee’s last address as shown on the Board’s records. In that event, service is deemed complete seventy-two (72) hours after mailing. G. In steps one through three, only procedural compliance with this article may be grieved.