Discipline Disciplinary grievances will be initiated at the level at which the disputed action was taken.
Student Discipline a) CONTRACTOR shall maintain and abide by a written policy for student discipline that is consistent with state and federal law and regulations. Using forms developed by the California Department of Education or as otherwise mutually agreed upon by CONTRACTOR and XXX, CONTRACTOR shall provide LEA, on a monthly basis, a written report of all incidents in which a statutory offense is committed by any LEA student, regardless if it results in a disciplinary action of suspension or expulsion. This includes all statutory offenses as described in Education Codes 48900 and 48915. CONTRACTOR shall also include, in this monthly report, incidents resulting in the use of a behavioral restraint and/or seclusion even if they were not a result of a violation of Education Code Sections 48900 and 48915.
b) When NPS CONTRACTOR seeks to remove a LEA student from his/her current educational placement for disciplinary reasons, CONTRACTOR shall immediately submit a written discipline report to the LEA. Written discipline reports shall include, but not be limited to: the LEA student’s name; the time, date, and description of the misconduct; the disciplinary action taken by CONTRACTOR; and the rationale for such disciplinary action. A copy of the LEA student’s behavior plan, if any, shall be submitted with the written discipline report. CONTRACTOR and XXX agree to participate in a manifestation determination at an IEP/IFSP meeting no later than the tenth (10th) day of suspension. XXX shall notify and invite CONTRACTOR representatives to the IEP/IFSP team meeting where the manifestation determination will be made.
Employee Discipline Appropriate sanctions must be applied against workforce 18 members who fail to comply with any provisions of CONTRACTOR’s privacy P&Ps, including 19 termination of employment where appropriate.
Progressive Discipline Both parties endorse the principle of progressive discipline as applied to professionals.
Discipline Policy A Discipline Policy Committee will be formed upon the request of the Association or the Board of Education. The committee will be comprised of members appointed by the Board and the Association. By the appropriate means determined by the Board, families will be informed of the District's policies regarding student behavior and discipline procedures. The foregoing committees, study groups, or faculty councils shall serve as advisory, consultative and fact-finding bodies only, and the Board shall not be required to adopt any of the recommendations submitted. The Board agrees, however, that the Association and the teachers shall have the right to submit recommendations and views on these subjects.
DISCIPLINE OF EMPLOYEES Section 1. Any action or behavior which reflects discredit upon the City or is a direct hindrance to the effective performance of the City's municipal governmental and proprietary functions may be considered good cause for disciplinary action against an employee and such actions or behavior which may be considered good cause for disciplinary action shall include, but not be limited to the following:
A. Habitual use of intoxicating beverages to excess or the use of narcotics.
B. Being adjudged guilty of a felony or a misdemeanor involving moral turpitude or disgraceful conduct.
C. Taking intoxicating beverages, or being intoxicated, while on duty.
D. Engaging in improper political activity as defined in Article IXA, Section 8, of the Charter of the City of Lincoln, Nebraska.
E. Offensive conduct or language toward the public or toward City officers or employees.
F. Lacking either mental or physical competence to perform assigned duties.
G. Damaging or being negligent in the care and handling of City property.
H. Violating any lawful and reasonable regulations or directives made or given by a superior.
I. Inducing or attempting to induce any officer or employee in the City service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order, or participating therein.
J. Using or attempting to use personal or political influence or bribery to secure an advantage in an examination or promotion, leave of absence, transfer, change of grade, pay or character of work.
K. Failing to pay just debts due or owing or failing to make reasonable provisions for future payment of such debts, thereby causing annoyance to officials of the City, or embarrassment to the City.
L. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action by the Department Head. In the absence of such disciplinary action, any employee who absents himself for three or more continuous days without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by a subsequent grant of leave with or without pay where extenuating circumstances are found to have existed.
M. Repeated violations of State laws or City ordinances relating to the operation of a motor vehicle or a bus.
N. The employee has failed to maintain a satisfactory attendance record whereby a pattern of excessive sick leave and unexcused leaves of absence has been established.
O. Intentionally falsifying and/or theft of official records and/or statement/property.
Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing.
Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor.
Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting.
Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record.
Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record.
Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone.
Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four
Discipline Procedure 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony.
2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article.
3. Disciplinary action of less than discharge should generally be progressive and corrective in nature.
A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081).
B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.
Educator Plans General
A) Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.
B) The Educator Plan shall include, but is not limited to:
i) At least one goal related to improvement of practice tied to one or more Performance Standards;
ii) At least one goal for the improvement the learning, growth and achievement of the students under the Educator’s responsibility;
iii) An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.
C) It is the Educator’s responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.
Employer Grievance The Employer may institute a grievance by delivering the same in writing to the President of the Local Union and the President shall answer such grievance in writing within five working (5) days. If the answer is not acceptable to the Employer, the Employer may, within ten (10) working days from the day the President gives her answer, give ten (10) working days notice to the President of the Local Union of its intention to refer the dispute to arbitration.
Policy Grievance – Employer Grievance The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit President, with a copy to the Labour Relations Officer within twenty (20) days after the circumstances have occurred. A meeting will be held between the parties within ten (10) days. The Union shall reply within ten (10) days after the meeting, and failing settlement, the matter may be referred to arbitration.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party.
(b) Within thirty (30) calendar days of the receipt of notice referred to in Article 8.12(a) above, either party may require a process for a sole arbitrator where the grievance concerns:
i) a job posting ii) a short term layoff
