Common use of Due Process Clause in Contracts

Due Process. 1. No certificated employee shall be disciplined without just cause. 2. The specific grounds forming the basis for official disciplinary action shall be made available to the employee in writing. If an employee is requested to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee of the right to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendance. 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee. 4. The District agrees to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, that any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action. (a) A verbal warning is an official verbal notification of employee misconduct. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges shall be with pay until official action by the Board of Directors. 5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.

Due Process. 1. ‌ 3.2.1 No certificated employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions that would adversely affect the employee) without just and sufficient cause. 2. The 3.2.2 First of all, in the event a disciplinary action is to be taken, the employee shall be advised in writing of the right to representation under this provision of the Agreement prior to the action being taken. 3.2.3 Secondly, when a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given a reasonable period of time to arrange for such representation. 3.2.4 Thirdly, an employee shall be entitled to have present a representative of the Association during any disciplinary action or at any investigatory meeting that may lead to disciplinary action. 3.2.5 Further, the specific grounds forming the basis for official disciplinary action shall will be made available to the employee and the Association in writing. If an employee is requested to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee of the right to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendance. 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee. 4. 3.2.6 The District agrees to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provideddiscipline, however, that so any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action, which normally includes the following: 3.2.6.1 verbal warning 3.2.6.2 written reprimand 3.2.6.3 with nonrenewal or discharge as a final and last resort. This section shall not prevent an arbitrator from viewing the appropriateness of any particular disciplinary action based on all the circumstances. 3.2.7 Any complaint made against an employee will be promptly called to the attention of the employee. When charges of misconduct are made against an employee by any parent, student, or other person which results in an investigation; the principal will give written notice of the allegations to the employee within fifteen (a15) A verbal warning working days of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. When investigating such charges, the investigation materials and results will be maintained in the District files except in those instances when the employee is an official verbal notification disciplined as a result of employee misconductthe investigation, then the letter of discipline will be placed in the personnel file. The warning should include the reason(s) for the warning and employee will also be given written notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in results of the administrator’s investigation within fifteen (15) working filedays of completion of the investigation. (b) A written reprimand is an official written notification of 3.2.8 All rules and regulations governing employee misconduct. A written reprimand should include the reasons for the reprimand activities and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges conduct shall be with pay until official action by interpreted and applied uniformly throughout the Board of DirectorsDistrict. 5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.

Due Process. 1An individual's employment condition or status shall not be adversely affected by the Employer or its representative(s) without sufficient and just cause. No certificated employee shall will be disciplined disciplined, including written reprimands, without just cause. 2. The specific grounds forming the basis for official disciplinary action shall be made available to the employee in writing. If an employee is requested to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee of the right to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendance. 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten cause (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee. 4see Exhibit H). The District agrees to will follow a policy of progressive discipline discipline, which generally includes normally would be a verbal warning and warning, written reprimand providedwarning, suspension, or termination; however, that any disciplinary discipline action taken against an employee shall will be appropriate to the behavior which precipitates said action. . An employee will be entitled to Association representation at his/her request when the employee is being formally reprimanded, warned, disciplined, or adversely affected for any infraction of rules or delinquency. When a request for such representation is made, no action will be taken with respect to the employee until such representation of the Association is present. District administrators will advise employees of their right to representation prior to taking disciplinary action as defined above. Written allegations received by the District concerning misconduct by an employee covered by this agreement will be acted upon by the District in a timely manner following their receipt. Allegations not shared with an employee within five (a5) A verbal warning is working days of receipt, may not be used to discipline an official verbal notification employee, nor be included in the employee evaluation. Anonymous complaints, other than allegations of discrimination, harassment, assault or sexual misconduct, will not be investigated. All information and artifacts forming the basis for any formal, punitive, or reprimanding action to be taken by the district or its representative(s) against an employee misconductshall be made available when requested to the employee and the Association. Student records not used as the basis for formal, punitive, or reprimanding action will not be released without written parent permission to the District. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges district shall be with pay until official responsible for providing sufficient proof that any particular action by taken was justified, and shall not include anonymous complaints or artifacts that do not meet the Board standards of Directorsjust cause. 5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.

Due Process. 1. No certificated Disciplinary action may be imposed upon an employee only for just cause. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as outlined in Article 12. If the appointing authority has reason to discipline an employee, it shall be disciplined without just cause. 2done in a manner that will not embarrass the employee before other employees or the public. The specific grounds forming the basis for official disciplinary action Initial minor infractions, irregularities, or deficiencies shall be made available to the employee in writing. If an employee is requested to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee of the right to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendance. 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called privately brought to the attention of the employee. After a period of one (1) year for a written reprimand and six (6) months for an oral reprimand, if the employee within ten has not committed any further infractions of appropriate rules and regulations, the written reprimand and written notations of oral reprimands shall be expunged from the employee’s personnel records. Each employee shall be furnished with a copy of all performance evaluations or disciplinary entry in her/his personnel record and shall be permitted to respond thereto. The contents of an employee’s personnel record shall be disclosed to the employee’s union representative only with the written consent of the employee. Where appropriate, disciplinary action or measures shall include only the following: a. Oral Reprimand b. Written Reprimand c. Suspension d. Discharge e. Demotion where appropriate When any disciplinary action is to be implemented, the Appointing Authority shall before such action is taken, notify the employee and the Union in writing of the specific reasons for such action. 2. If the Appointing Authority decides to demote, suspend or terminate an employee, the employee and Union President shall receive two (102) weeks’ notice in writing. In the event that circumstances warrant, the Appointing Authority shall not be required to give the employee two (2) weeks’ notice for termination. 3. The Appointing Authority shall not discipline an employee without just cause. Within two (2) weeks of a suspension or discharge, the Union may file a grievance with the State Labor Relations Administrator as set forth in Article 12, and such hearing shall be held no later than three (3) days of receipt. Any complaint not called to after the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employeeUnion’s request. 4. The District agrees to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, In the event that any disciplinary action taken against an employee is dismissed, demoted or suspended under this Section, and such employee appeals such action and her/his appeal is sustained, they shall be appropriate restored to her/his former position and compensated at her/his regular rate for any time lost during the behavior which precipitates said action. (a) A verbal warning is an official verbal notification period of employee misconduct. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges shall be with pay until official action by the Board of Directorssuch dismissal, demotion or suspension. 5. Subject An employee may be granted a demotion, upon request, when recommended by the Appointing Authority and approved by the Personnel Administrator. In this instance her/his current status shall be transferred to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect lower class. 6. An Arbitrator shall be empowered to have change the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with disciplinary action if they determine the grievance procedureaction taken was not warranted under the circumstances.

Due Process. 1. 3.1.1 No certificated classified employee shall be disciplined (including written warnings, reprimands, suspensions, reductions in rank or professional advantages, discharges, non- renewals) terminations or other actions that would adversely affect the employee without just and sufficient cause. 2. The specific grounds forming the basis for official disciplinary action shall will be made available to the classified employee and the association in writing. 3.1.2 Any classified employee given an adverse change in contract status due to just cause shall be notified in writing of the decision. If an employee is requested Notification shall specify the grounds for just cause for such action. The association will be notified if discipline alters the conditions of employment. Notice shall be delivered to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee personally or by certified or registered mail. 3.1.3 Classified employees shall be entitled to have present a representative of the right to representationAssociation, at no loss of pay, during a formal disciplinary action. If When a request for such representation is made, no action shall be taken with respect to the interview shall not employee until such representative of the Association is present or after three (3) working days following when information is provided to the employee regarding the impending disciplinary action. In cases of serious offenses, the district may take place for a reasonable period immediate disciplinary action pending the results of time to allow for the representative’s attendancefurther investigations. 3. 3.1.4 Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee. 4. The District agrees to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, that any disciplinary action taken against an classified employee shall be appropriate to the behavior which precipitates said action. (a) A verbal warning 3.1.5 Any written complaint made against classified employee or person for whom the employee is an official verbal notification administratively responsible by any parent, student, or other person, will be called to the attention of the employee misconductwithin three working days of receipt of the complaint. The warning should include Any written complaint not called to the reason(s) attention of the employee may not be used as a basis for any disciplinary action against the warning and notice employee. When possible, disciplinary actions will be held at a time that future misconduct could result in more severe does not disrupt schools. Verbal complaints will not be grounds for any disciplinary action. Documentation , unless an investigation determines there is a violation of the verbal warning may be noted in the administrator’s working filedistrict policy or state law. (b) A written reprimand is an official written notification 3.1.6 When charges of misconduct against classified employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges are found to be unsubstantiated after administrative investigation, all related documents shall be with pay until official action by destroyed to protect the Board of Directorsemployee’s reputation and work record. 5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.

Due Process. 1. No certificated employee shall be disciplined (including warnings, reprimands, suspensions, reduction in rank or professional advantage, discharges, *non-renewals, terminations or other actions that would adversely affect the employee) without just cause. 2and sufficient cause (see Appendix F). The specific grounds forming the basis for official disciplinary action shall will be made available to the employee in writing. If an An employee is requested has the right to give information have a representative from the Association and/or legal counsel present when formally being questioned in any meeting which the District understands may lead to being reprimanded, warned, disciplined, or adversely affected. * Non-renewal protection under "Just Cause" shall not be applicable to provisional employees. In cases where the health, safety and well-being of students, other employees or District patrons necessitates immediate disciplinary action against that employeeor safeguarding action, the District will place the affected employee on paid administrative leave pending a full and fair investigation and shall advise notify the employee of the right to representation. If a request for representation is made, the interview shall not take place for Association within a reasonable period of time to allow for the representative’s attendance. 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten twenty-four (1024) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary hours that action against the employee. 4has been taken. The District Board agrees to follow a policy of progressive discipline which generally minimally includes verbal warning and written reprimand providedwarning, howeverreprimand, suspension, with non-renewal or discharge as a final, last resort. Both parties agree that any there are exceptional cases of gross misconduct where progressive discipline may not apply. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action. (a) A verbal warning is . Any complaint made against an official verbal notification of employee misconduct. The warning should include by any parent, student, or other person will be promptly called to the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation attention of the verbal warning may be noted in employee within twenty-four (24) hours of receipt of the administrator’s working file. (b) A written reprimand complaint, unless the District is an official written notification precluded from doing so by non-District legal authorities. In all cases of complaints, the District must provide a copy unless the District is precluded from doing so by non-District legal authorities, of the complaint to the employee misconduct. A written reprimand should include prior to any District investigation; provide the reasons for employee the reprimand opportunity to meet and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension to address the findings of a teacher pending charges shall be with pay until official any complaint subsequent to said investigation, and, prior to the issuance of any action by the Board District. If, after investigating such allegation of Directors. 5. Subject misconduct by an employee, the District chooses not to the other provisions of this Agreementreprimand, any non-provisional employee receiving notification of non-renewal of contract, dischargediscipline, or take adverse effect may elect action against the employee, the employee will receive written notice to have such effect, but no record will appear in an employee’s personal file. All documents in the matter heard District’s possession regarding the allegation and proof of the investigation will be kept by either the District in a hearing officer in accordance with RCW 28A.405.310 confidential file separate from any employee personnel files, if the District chooses not to reprimand, discipline, or an arbitrator in accordance with the grievance proceduretake adverse action.

Due Process. 1‌ An individual's employment condition or status shall not be adversely affected by the Employer or its representative(s) without sufficient and just cause. No certificated employee shall will be disciplined disciplined, including written reprimands, without just cause. 2. The specific grounds forming the basis for official disciplinary action shall be made available to the employee in writing. If an employee is requested to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee of the right to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendance. 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten cause (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee. 4see Exhibit H). The District agrees to will follow a policy of progressive discipline discipline, which generally includes normally would be a verbal warning and warning, written reprimand providedwarning, suspension, or termination; however, that any disciplinary action taken against an employee shall will be appropriate to the behavior which precipitates said action. . An employee will be entitled to Association representation at his/her request when the employee is being formally reprimanded, warned, disciplined, or adversely affected for any infraction of rules or delinquency. When a request for such representation is made, no action will be taken with respect to the employee until such representation of the Association is present. District administrators will advise employees of their right to representation prior to taking disciplinary action as defined above. Written allegations received by the District concerning misconduct by an employee covered by this agreement will be acted upon by the District in a timely manner following their receipt. Allegations not shared with an employee within (a10) A verbal warning is working days of receipt, may not be used to discipline an official verbal notification employee, nor be included in the employee evaluation. Anonymous complaints, other than allegations of discrimination, harassment, assault or sexual misconduct, will not be investigated. All information and artifacts forming the basis for any formal, punitive, or reprimanding action to be taken by the district or its representative(s) against an employee misconductshall be made available when requested to the employee and the Association. Student records not used as the basis for formal, punitive, or reprimanding action will not be released without written parent permission to the District. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges district shall be with pay until official responsible for providing sufficient proof that any particular action by taken was justified, and shall not include anonymous complaints or artifacts that do not meet the Board standards of Directorsjust cause. 5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.

Due Process. 1. 3.1.1 No certificated classified employee shall be disciplined (including written warnings, reprimands, suspensions, reductions in rank or professional advantages, discharges, non- renewals) terminations or other actions that would adversely affect the employee without just and sufficient cause. 2. The specific grounds forming the basis for official disciplinary action shall will be made available to the classified employee and the association in writing. 3.1.2 Any classified employee given an adverse change in contract status due to just cause shall be notified in writing of the decision. If an employee is requested Notification shall specify the grounds for just cause for such action. The association will be notified if discipline alters the conditions of employment. Notice shall be delivered to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee personally or by certified or registered mail. 3.1.3 Classified employees shall be entitled to have present a representative of the right to representationAssociation, at no loss of pay, during a formal disciplinary action. If When a request for such representation is made, no action shall be taken with respect to the interview shall not employee until such representative of the Association is present or after three (3) working days following when information is provided to the employee regarding the impending disciplinary action. In cases of serious offenses, the district may take place for a reasonable period immediate disciplinary action pending the results of time to allow for the representative’s attendancefurther investigations. 3. 3.1.4 Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee. 4. The District agrees to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, that any disciplinary action taken against an classified employee shall be appropriate to the behavior which precipitates said action. (a) A verbal warning 3.1.5 Any written complaint made against classified employee or person for whom the employee is an official verbal notification of employee misconduct. The warning should include administratively responsible by any parent, student, or other person, will be called to the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation attention of the verbal warning employee within three working days of receipt of the complaint. Any written complaint not called to the attention of the employee may not be noted in used as a basis for any disciplinary action against the administrator’s working file. (b) A written reprimand is an official written notification of employee misconductemployee. A written reprimand should include the reasons When possible, disciplinary actions will be held at a time that does not disrupt schools. Verbal complaints will not be grounds for the reprimand and notice that future misconduct could result in more severe any disciplinary action. (c) Any suspension 3.1.6 When charges of a teacher pending charges misconduct against classified employee are found to be unsubstantiated after administrative investigation, all related documents shall be with pay until official action by destroyed to protect the Board of Directorsemployee's reputation and work record. 5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.

Due Process. 1. A. No certificated employee shall be disciplined without just and sufficient cause. Such discipline shall be in private. In addition, the District agrees to follow, when appropriate, a policy of progressive discipline which may begin with a verbal warning, progress to a written reprimand, then to suspension with loss of pay and, when required by the circumstances, include discharge or non- renewal. The District will utilize the "Seven Questions of the Common Definition of Just Cause" in determining action and procedure in discipline cases. (see Appendix E) (see also Article IX, Section 9, for remedies) B. This provision shall specifically apply to all extended day and extended year employee contracts. 2C. The District shall notify the Association prior to taking any disciplinary action against an employee, except when an employee requests confidentiality. The specific grounds forming employee shall sign a statement that he/she has been notified of the basis for official disciplinary action shall be made available employee's right to the employee in writing. If Association representation and has waived that right. D. When an employee is requested required by a supervisor to give information meet and discuss a situation which the District understands may lead to disciplinary action against that employeea reprimand, suspension, discharge or non-renewal, the District employee shall advise be provided written notice that the employee of is entitled to request and to have representation by the right Association or legal representation present at every meeting relating to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendancesuch discipline. 3. E. Any complaint made against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall will be promptly called to the attention of the employee, except when such complaints result in a criminal investigation. The employee within ten (10) days has the right to know the source of receiptthe complaint and to face the accuser if so desired. Any complaint not called to the attention of the employee within ten (10) school days of receipt may not be used as a the basis for any disciplinary action against the employee, except in cases of criminal investigation. Accuser shall be interpreted to mean either, 1. an individual whose sole testimony is used to bring a charge or complaint against an employee, or 2. any administrator who, after a thorough investigation, gathers information and brings a charge or charges against an employee. 4. The District agrees F. Any derogatory material not shown to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, that certificated employee within ten (10) days after occurrence shall not be allowed as evidence in any grievance or in any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said actionsuch employee, except in cases where material is used in criminal investigation. (a) A verbal warning is an official verbal notification G. An employee has the right to have representation from the Association and/or counsel present when being reprimanded, disciplined, or adversely affected. All information forming the basis of employee misconduct. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges shall be with pay until official action by the Board of Directors. 5. Subject to the other provisions of this Agreementany reprimand, any non-provisional employee receiving notification of non-renewal of contractwarning, dischargediscipline, or adverse effect may elect shall be made available to the employee. In the event an employee desires to have representation at any meeting with a district administrator which may lead to discipline, the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with employee will be allowed to have such representation present. The meeting may be delayed up to one (1) day if the grievance procedurerepresentative is not immediately available.

Due Process. 1. A. No certificated employee shall be disciplined without just and sufficient cause. Such discipline shall be in private. In addition, the District agrees to follow, when appropriate, a policy of progressive discipline which may begin with a verbal warning, progress to a written reprimand, then to suspension with loss of pay and, when required by the circumstances, include discharge or non- renewal. The District will utilize the "Seven Questions of the Common Definition of Just Cause" in determining action and procedure in discipline cases. (see Appendix E) (see also Article IX, Section 9, for remedies) B. This provision shall specifically apply to all extended day and extended year employee contracts. 2C. The District shall notify the Association prior to taking any disciplinary action against an employee, except when an employee requests confidentiality. The specific grounds forming employee shall sign a statement that he/she has been notified of the basis for official disciplinary action shall be made available employee's right to the employee in writing. If Association representation and has waived that right. D. When an employee is requested required by a supervisor to give information meet and discuss a situation which the District understands may lead to disciplinary action against that employeea reprimand, suspension, discharge or non-renewal, the District employee shall advise be provided written notice that the employee of is entitled to request and to have representation by the right Association or legal representation present at every meeting relating to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendancesuch discipline. 3. X. Any complaint made against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall will be promptly called to the attention of the employee, except when such complaints result in a criminal investigation. The employee within ten (10) days has the right to know the source of receiptthe complaint and to face the accuser if so desired. Any complaint not called to the attention of the employee within ten (10) school days of receipt may not be used as a the basis for any disciplinary action against the employee, except in cases of criminal investigation. Accuser shall be interpreted to mean either, 1. an individual whose sole testimony is used to bring a charge or complaint against an employee, or 2. any administrator who, after a thorough investigation, gathers information and brings a charge or charges against an employee. 4. The District agrees F. Any derogatory material not shown to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, that certificated employee within ten (10) days after occurrence shall not be allowed as evidence in any grievance or in any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said actionsuch employee, except in cases where material is used in criminal investigation. (a) A verbal warning is an official verbal notification G. An employee has the right to have representation from the Association and/or counsel present when being reprimanded, disciplined, or adversely affected. All information forming the basis of employee misconduct. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges shall be with pay until official action by the Board of Directors. 5. Subject to the other provisions of this Agreementany reprimand, any non-provisional employee receiving notification of non-renewal of contractwarning, dischargediscipline, or adverse effect may elect shall be made available to the employee. In the event an employee desires to have representation at any meeting with a district administrator which may lead to discipline, the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with employee will be allowed to have such representation present. The meeting may be delayed up to one (1) day if the grievance procedurerepresentative is not immediately available.