Common use of FAIR DISMISSAL Clause in Contracts

FAIR DISMISSAL. A. No unit member shall be dismissed or disciplined except for just cause as provided in this Article. B. Unit members with more than two years and one day service. 1. If the District is considering the dismissal of the unit member for reasons of professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The unit member shall be provided no less than 80 days to improve that performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place at least seven (7) days prior to the superintendent’s recommendation. 3. Following the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day service. 1. In the event that the superintendent recommends to the Board dismissal of such unit members, the unit member may, within ten (10) school days of receipt of the recommendation, request a hearing before the Board by delivery of a written request for hearing to the Clerk of the Board. The hearing will be held in executive session within ten (10) school days of the unit member’s request or the Board may designate one or two members to hear the matter. Within five (5) school days of the hearing, the Board will render its written decision, and may dismiss or retain the unit member or impose a lesser penalty. The Board’s decision is not subject to Article XV, Stage 3, herein. This procedure shall be in lieu of Section 3031 of the Education Law. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.

FAIR DISMISSAL. A. No unit member 9.01 The length of the probationary period of employment shall be dismissed or disciplined except for just cause as provided the first three (3) years of employment, and any such probationary employee may be non-renewed prior to the fourth year of employment pursuant to the procedures herein. All probationary bargaining unit members whose contracts are recommended for non- renewal shall be entitled to the following: A. Non-renewal of contracts shall be preceded by written notification, to the employee from the Superintendent, stating the intent to recommend non- renewal. This notification shall be given to the employees by March 31st. Employees so notified shall be given the opportunity, upon written request, to address the Board in this Articleexecutive session with an association representative and may prior to official action by the Board, have an additional representative of the individual's choice. B. Unit members with more than two years Written notice of the Board's action of non-renewal shall be given to the bargaining unit member on or before April 30th and one day serviceshall be served on the bargaining unit member personally or mailed by certified mail to his or her last address as shown on the records of the Board. 1. If C. Probationary employees shall not have the District is considering right to grieve, appeal, or otherwise challenge non-renewal of these contracts except as to the dismissal procedure set forth in A&B above. D. Failure on the part of the district to follow any of the procedures set forth in Article VIII and in sections A and B above, shall render the non-renewal of a probationary employee invalid, and shall cause the Board to reinstate the individual, without loss of pay, benefits or seniority, under a contract in accordance with section 11.01 in this Agreement. 9.02 The termination or non-renewal of non-probationary bargaining unit member for reasons members and the termination of professional performance, continuing contract status members shall be controlled by the provisions that follow: A. In the event of non-renewal or termination of a non-probationary bargaining unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The bargaining unit member shall will be provided no less than 80 days to improve that notified by his/her supervisor at a teacher- principal evaluation conference if cause be poor performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place at least seven no later than March 18th and the teacher will be presented with a written summation (7) days prior copies to the Superintendent and the XXXX President) specifying those deficiencies in his/her performance that warrant non-renewal or termination in addition to the Teacher Appraisal Report forms that school year and all other relevant communications. If the cause for termination is for gross inefficiency or immorality, lack of following a superintendent’s recommendation's approval plan for meeting HQT, willful and persistent violations of reasonable Board regulations, or for other good or just cause such action may be initiated at any point following alleged violations. 3. Following the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation of dismissal is appropriate, the B. A bargaining unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within so informed may request in writing within ten (10) days of receipt notification to the Superintendent, a joint review of the circumstances contributing to this recommendationaction. The conference to discuss the allegations shall be attended by the bargaining unit member, the bargaining unit member may member's Association representative(s), the bargaining unit member's principal, and the Superintendent. Said conference shall be held no sooner than five (5) days nor later than twelve (12) days following the bargaining unit member's request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4a meeting. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day service. 1. In the event that the superintendent recommends meeting will take place prior to any official action by the Board dismissal of such unit members, the unit member may, within ten (10) school days of receipt of the recommendation, request a hearing before the Board by delivery of a written request for hearing to the Clerk of the Board. The hearing will be held in executive session within ten (10) school days of the unit member’s request or the Board may designate one or two members to hear the matterEducation. Within five (5) school days, a written statement of the Superintendent's final recommendation to the Board is to be received by the employee, with a copy sent to the Association President. C. Prior to the Board's official act not to continue to employ a non-probationary member, the member shall be given in writing a complete statement of the reasons for this non- renewal or termination from the Superintendent. The reasons for non-renewal and termination as delineated in ORC 3319.16 are the following: gross inefficiency or immorality for willful and persistent violation of reasonable regulations of the Board of Education, or for other good and just cause. Within five (5) days of the hearingrequest, the Board these reasons will render its written decision, and may dismiss or retain be delivered to the unit member or impose with a lesser penalty. The Board’s decision is not subject copy sent to Article XV, Stage 3, herein. This procedure shall be in lieu of Section 3031 of the Education LawAssociation President. D. Any suspension pending arbitration will be Once a bargaining unit member has received such reasons for non-renewal or termination, he/she shall have the right to a hearing before the Board in executive session within twelve (12) days and prior to any non- renewal/termination action of the Board. He/she shall also have the right to Union Representation at such hearing. E. Such bargaining unit member may appeal the decision of the Board by filing a grievance at level 4 of the grievance procedure within fifteen (15) days of notice of the Board's decision, initiated at any point following alleged violations. F. Failure on the part of the district to follow any of the procedures set forth in Article VIII and in sections A through E above, shall render the non-renewal or the termination of a non-probationary bargaining unit member invalid, and shall cause the Board to reinstate the individual, without loss of pay, benefits or seniority, under a contract in accordance with pay unless otherwise permitted section 11.01 in this Agreement, or under Education Lawa continuing contract if such was held by the individual prior to termination. 9.03 The provisions of this Fair Dismissal section do not apply to supplemental contracts, nor to replacement contracts as defined in Article 11.03 and 7.08. 9.04 It is the intention of the parties that the Fair Dismissal, Evaluation, and Discipline provisions of this Agreement shall supersede O.R.C. 3319.11, and 3319.111 as they relate to evaluation, non-renewal, and termination.

FAIR DISMISSAL. A. No 801 The Board shall terminate the contracts of bargaining unit member members in accordance with the provisions of ORC 3319.16. 802 Non-renewal of limited contracts for employees who have been employed for more than three (3) years. 803 The procedures in Sections 803-808.2 shall be dismissed or disciplined except the sole procedures utilized for just cause as provided in this Article. B. Unit the consideration of the renewal/non˗renewal of limited contracts issued to bargaining unit members with who have been employed for more than two years and one day service. 1three (3) years. These procedures will not be employed for the consideration of supplemental contracts. These procedures shall supersede the provisions of ORC 3319.11. 804 If the District is considering the dismissal of the unit member for reasons of professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the Superintendent determines that he/she will recommend that a bargaining unit member’s performance limited contract not be renewed, the Superintendent shall notify the bargaining unit member in order writing on or before April 15. 804.1 A bargaining unit member who has been notified in writing that the Superintendent intents to continue employmentrecommend non˗renewal of his/her limited contract shall have been evaluated in accordance with the provisions of Article 700 ˗ Evaluation. 805 Within three (3) days of notification from the Superintendent, the bargaining unit member may request, in writing, a meeting with the Superintendent and an appearance before the Board in executive session. 805.1 These meetings shall occur prior to the Board’s action on the Superintendent’s recommendation to non˗renew. 805.2 The bargaining unit member and the Board may each have a representative present at these meetings. 805.3 During the course of this meeting, the Superintendent will outline a written statement describing the circumstances leading to the recommendation for non˗renewal. The bargaining unit member will be afforded the opportunity to provide any information, which may cause a reversal of such recommendation for non˗renewal. 806 The Board shall notify the bargaining unit member of its decision on or before April 30. 807 If a bargaining unit member believes that the Board has not substantially complied with the procedural requirements of the provisions of Article 700 ˗ Evaluation and/or Article 800 ˗ Fair Dismissal, he/she may file a grievance. 807.1 The arbitrator shall be provided no less than 80 days limited to improve the determination of procedural errors only and to ordering the correction of procedural errors up to the issuance of an additional limited contract of one (1) year. 808 Non˗renewal of a limited contract shall be only for performance reasons (as reflected in the evaluation), or other reason(s) that performanceare not arbitrary, capricious, or discriminatory. 808.1 A grievance under this section shall be filed at Step 3 of Article 400 ˗ Grievance Procedure. 2808.2 The arbitrator shall not have the authority to issue a continuing contract. If the District is considering the dismissal 809 Nonrenewal of the unit member Limited Teaching Contracts for reasons other than professional performanceProbationary Employees Who Have Been Employed for Three (3) Years or Less 809.1 On or before June 1, the unit member, Association representative designated limited contract teachers who have been employed for three (3) or fewer years shall be notified by the unit member, Superintendent that they will not be recommended to the Board for rehiring for the next school year and superintendent or designee shall meet to discuss the reasons for considering dismissalthe nonrenewal recommendation. This meeting will take place at least seven (7) days prior Prior to Board action on their contract, such teachers shall have the superintendent’s recommendation. 3. Following the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, right to meet with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day service. 1. In the event that the superintendent recommends to the Board dismissal of such unit members, the unit member may, within ten (10) school days of receipt of the recommendation, request a hearing before the Board by delivery of a written request for hearing to the Clerk of the Board. The hearing will be held in executive session within ten (10) school days of the unit member’s request or the Board may designate one or two members with representation to hear the matter. Within five (5) school days of the hearing, the Board will render its written decision, and may dismiss or retain the unit member or impose a lesser penalty. The Board’s decision is not subject to Article XV, Stage 3, herein. This procedure shall be in lieu of Section 3031 of the Education Lawpresent their case. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.

FAIR DISMISSAL. A. No Beginning with the first day of their second year of employment or after having worked a number of days equal to the total number of work days in the school year, whichever is later, no unit member not on tenure shall be dismissed or disciplined except for just cause as provided in this Article. B. Unit members with more than two years and one day service. 1. If through the District is considering the dismissal use of the unit member fair dismissal process. To be eligible for reasons the follow- ing fair dismissal process, qualifying Long Term Substitute service must have been for the complete duration of professional performanceone full school year, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The unit member shall be provided no less than 80 days to improve that performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place from at least seven (7) days prior to the superintendent’s recommendation. 3. Following 15th of September through the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation end of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day serviceJune 1. 1. In the event that the superintendent recommends District is considering the dismissal of such a unit member or is considering not granting tenure to such a unit member for performance concerns, the process in Article XII shall have been invoked prior to any action. Other reasons for dismissal will not require that process. The improvement plan must be in effect for not less than sixty (60) days. 2. Following paragraph 1, if the Superintendent determines that said unit member should be dismissed, he will give said unit member a notice of his intention to make such a recommendation to the Board stating reasons for supporting his recommendation. This notice of intent to recommend dismissal of such unit members, the shall be provided to said unit member may, within ten no later than thirty (1030) school calendar days of receipt prior to the Superintendent’s submission to the Board of the recommendationrecommendation for dismissal. 3. At any time during the thirty (30) calendar day period indicated in paragraph 3. above, request said unit member may obtain a hearing before the Board Board, by delivery of a written request for hearing to the Clerk of the District, at which hearing: a. The Superintendent shall present the reasons and supporting evidence for the recommendation for dismissal. b. The unit member shall be given an opportunity to rebut the Superintendent’s case by cross examination of any witnesses and/or evidence presented by the Superintendent, and the presentation of his or her own witnesses and evi- dence. c. During the proceedings outlined in paragraph 4.a. and 4.b. above, the unit member may be represented by counsel of his or her choice. 4. In the proceedings outlined in paragraph 3. above, the Association may, at its option, be represented as a party in interest, and at such time may present wit- nesses and evidence in support of its interests and shall have the right of cross examination of any witnesses and/or evidence presented by either the unit mem- ber or the Superintendent. 5. After hearing the evidence, the Board shall render its decision. Should the Board accept the Superintendent’s recommendation of dismissal, it will give the unit member no less than thirty (30) calendar days notice of such dismissal. In its decision, however, the Board shall not be bound by the recommendation for dis- missal sought by the Superintendent, but may, in its discretion, apply a remedy less than dismissal. 6. As provided for under the Education Law, The Board’s decision on whether to grant or deny tenure shall not be subject to the Grievance Arbitration procedure. The hearing will Board’s decision under this Article to dismiss a unit member during the pro- bationary period and issues of whether contractual procedures were properly followed may be held submitted directly to Arbitration under Article V with all of the rights provided therein. B. 1. A unit member on tenure in executive session the District shall, in the event that dismissal proceed- ings are brought against him or her, have the option and right to elect to follow the procedures under Section 3020-a of the Education Law or its successor pro- visions (i.e., statutory tenure proceeding), or shall have the option and right to waive such Section 3020-a procedures and following the procedures in subdivi- sions A.1. through A.6. above including arbitration or shall have the option and right to enter the grievance procedure at the arbitration stage. This election shall be in writing within ten (10) school days of the unit member’s request or notice to the Board may designate one or two members to hear the matter. Within five (5) school days teacher of the hearing, the Board dismissal proceedings and will render its written decision, and may dismiss or retain preclude the unit member or impose a lesser penalty. The Board’s decision is from following the other two options not subject to Article XV, Stage 3, herein. This procedure shall be in lieu of Section 3031 of the Education Lawelected. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.

FAIR DISMISSAL. A. No A unit member shall be dismissed or disciplined except who has worked in the Spencerport School District for just cause as provided in this Article. B. Unit members with more than two years and one day servicemay be dismissed only for just cause. This clause shall not apply to any loss of position occurring as a result of elimination of position or reduction in force. Any arbitration decision rendered under this clause shall be advisory only. Under any grievance arising under this section (a), the Board stage of the grievance shall take place after the arbitration decision. 1. If B. The dismissal procedures provided in the District is considering the dismissal Education Laws of the New York State shall apply to all unit member for reasons of professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The unit member shall be provided no less than 80 days to improve that performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place at least seven (7) days prior to the superintendent’s recommendation. 3. Following the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day serviceservice in the District. 1. C. In the event that the superintendent recommends to District is considering the Board dismissal of such a unit membersmember with more than three years and one day service in the District for pedagogical reasons, the unit member mayshall be given a written warning to such effect at least 90 days prior to the time the Superintendent makes their recommendation for dismissal to the Board of Education. Further, the Superintendent shall, within ten (10) 5 school days of receipt of after issuing the recommendation, request a hearing before the Board by delivery of a written request for hearing warning to the Clerk of unit member, call a meeting to be attended by the Board. The hearing will be held in executive session within ten (10) school days superintendent, the unit member, the unit member’s immediate supervisor, and if desired by the unit member, a representative of the unit member’s request or choice. The purpose of the meeting is to develop specific recommendations that, if satisfactorily implemented by the unit member, would result in their continued employment in the District. D. In the event the Superintendent decides to make a recommendation for dismissal to the Board may designate one or two members to hear of Education after the matter. Within five (5) school days procedures in Section C of the hearingthis article have been implemented, the Board will render its written decision, and may dismiss or retain they shall notify the unit member or impose a lesser penaltyin writing of their intention at least 10 days prior to the day the Board of Education is to take action on the Superintendent’s recommendation. The BoardSuperintendent’s decision is not subject notice to Article XV, Stage 3, hereinrecommend dismissal shall include the reasons for such recommendation. E. The Superintendent will supply their reasons for dismissal to the Board of Education for their consideration in preferring 3020-a charges in accordance with Education Law. This procedure shall Any subsequent actions by the District will be in lieu accordance with the processes and procedures established in section 3020-a of Section 3031 of the Education Law. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.

FAIR DISMISSAL. A. No Beginning with the first day of their second year of employment or after having worked a number of days equal to the total number of work days in the school year, whichever is later, no unit member not on tenure shall be dismissed or disciplined except for just cause as provided in this Article. B. Unit members with more than two years and one day service. 1. If through the District is considering the dismissal use of the unit member fair dismissal process. To be eligible for reasons the follow- ing fair dismissal process, qualifying Long Term Substitute service must have been for the complete duration of professional performanceone full school year, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The unit member shall be provided no less than 80 days to improve that performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place from at least seven (7) days prior to the superintendent’s recommendation. 3. Following 15th of September through the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation end of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day serviceJune 1. 1. In the event that the superintendent recommends District is considering the dismissal of such a unit member or is considering not granting tenure to such a unit member for performance concerns, the process in Article XII shall have been invoked prior to any action. Other reasons for dismissal will not require that process. The improvement plan must be in effect for not less than sixty (60) days. 2. Following paragraph 1, if the Superintendent determines that said unit member should be dismissed, he will give said unit member a notice of his intention to make such a recommendation to the Board stating reasons for supporting his recommendation. This notice of intent to recommend dismissal of such unit members, the shall be provided to said unit member may, within ten no later than thirty (1030) school calendar days of receipt prior to the Superintendent’s submission to the Board of the recommendationrecommendation for dismissal. 3. At any time during the thirty (30) calendar day period indicated in paragraph 3. above, request said unit member may obtain a hearing before the Board Board, by delivery of a written request for hearing to the Clerk of the District, at which hearing: a. The Superintendent shall present the reasons and supporting evidence for the recommendation for dismissal. b. The unit member shall be given an opportunity to rebut the Superintendent’s case by cross examination of any witnesses and/or evidence presented by the Superintendent, and the presentation of his or her own witnesses and xxx- xxxxx. c. During the proceedings outlined in paragraph 4.a. and 4.b. above, the unit member may be represented by counsel of his or her choice. 4. In the proceedings outlined in paragraph 3. above, the Association may, at its option, be represented as a party in interest, and at such time may present wit- nesses and evidence in support of its interests and shall have the right of cross examination of any witnesses and/or evidence presented by either the unit mem- ber or the Superintendent. 5. After hearing the evidence, the Board shall render its decision. Should the Board accept the Superintendent’s recommendation of dismissal, it will give the unit member no less than thirty (30) calendar days notice of such dismissal. In its decision, however, the Board shall not be bound by the recommendation for dis- missal sought by the Superintendent, but may, in its discretion, apply a remedy less than dismissal. 6. As provided for under the Education Law, The Board’s decision on whether to grant or deny tenure shall not be subject to the Grievance Arbitration procedure. The hearing will Board’s decision under this Article to dismiss a unit member during the pro- bationary period and issues of whether contractual procedures were properly followed may be held submitted directly to Arbitration under Article V with all of the rights provided therein. B. 1. A unit member on tenure in executive session the District shall, in the event that dismissal proceed- ings are brought against him or her, have the option and right to elect to follow the procedures under Section 3020-a of the Education Law or its successor pro- visions (i.e., statutory tenure proceeding), or shall have the option and right to waive such Section 3020-a procedures and following the procedures in subdivi- sions A.1. through A.6. above including arbitration or shall have the option and right to enter the grievance procedure at the arbitration stage. This election shall be in writing within ten (10) school days of the unit member’s request or notice to the Board may designate one or two members to hear the matter. Within five (5) school days teacher of the hearing, the Board dismissal proceedings and will render its written decision, and may dismiss or retain preclude the unit member or impose a lesser penalty. The Board’s decision is from following the other two options not subject to Article XV, Stage 3, herein. This procedure shall be in lieu of Section 3031 of the Education Lawelected. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.

FAIR DISMISSAL. A. No A unit member shall be dismissed or disciplined except who has worked in the Spencerport School District for just cause as provided in this Article. B. Unit members with more than two years and one day servicemay be dismissed only for just cause. This clause shall not apply to any loss of position occurring as a result of elimination of position or reduction in force. Any arbitration decision rendered under this clause shall be advisory only. Under any grievance arising under this section (a), the Board stage of the grievance shall take place after the arbitration decision. 1. If B. The dismissal procedures provided in the District is considering the dismissal Education Laws of the New York State shall apply to all unit member for reasons of professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The unit member shall be provided no less than 80 days to improve that performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place at least seven (7) days prior to the superintendent’s recommendation. 3. Following the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day serviceservice in the District. 1. C. In the event that the superintendent recommends to District is considering the Board dismissal of such a unit membersmember with more than three years and one day service in the District for pedagogical reasons, other than dismissals subject to Education Law 3012-d, the unit member mayshall be given a written warning to such effect at least 90 days prior to the time the Superintendent makes their recommendation for dismissal to the Board of Education. Further, the Superintendent shall, within ten (10) 5 school days of receipt of after issuing the recommendation, request a hearing before the Board by delivery of a written request for hearing warning to the Clerk of unit member, call a meeting to be attended by the Board. The hearing will be held in executive session within ten (10) school days superintendent, the unit member, the unit member’s immediate supervisor, and if desired by the unit member, a representative of the unit member’s request or choice. The purpose of the meeting is to develop specific recommendations that, if satisfactorily implemented by the unit member, would result in their continued employment in the District. D. In the event the Superintendent decides to make a recommendation for dismissal to the Board may designate one or two members to hear of Education after the matter. Within five (5) school days procedures in Section C of the hearingthis article have been implemented, the Board will render its written decision, and may dismiss or retain they shall notify the unit member or impose a lesser penaltyin writing of their intention at least 10 days prior to the day the Board of Education is to take action on the Superintendent’s recommendation. The BoardSuperintendent’s decision is not subject notice to Article XV, Stage 3, hereinrecommend dismissal shall include the reasons for such recommendation. E. The Superintendent will supply their reasons for dismissal to the Board of Education for their consideration in preferring 3020-a charges in accordance with Education Law. This procedure shall Any subsequent actions by the District will be in lieu accordance with the processes and procedures established in section 3020-a of Section 3031 of the Education Law. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.

FAIR DISMISSAL. A. No A unit member shall be dismissed or disciplined except who has worked in the Spencerport School District for just cause as provided in this Article. B. Unit members with more than two years and one day servicemay be dismissed only for just cause. This clause shall not apply to any loss of position occurring as a result of elimination of position or reduction in force. Any arbitration decision rendered under this clause shall be advisory only. Under any grievance arising under this section (a), the Board stage of the grievance shall take place after the arbitration decision. 1. If B. The dismissal procedures provided in the District is considering the dismissal Education Laws of the New York State shall apply to all unit member for reasons of professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss improving the unit member’s performance in order to continue employment. The unit member shall be provided no less than 80 days to improve that performance. 2. If the District is considering the dismissal of the unit member for reasons other than professional performance, the unit member, Association representative designated by the unit member, and superintendent or designee shall meet to discuss the reasons for considering dismissal. This meeting will take place at least seven (7) days prior to the superintendent’s recommendation. 3. Following the actions in “B.1.” or “B.2.” and if the superintendent determines that are commendation of dismissal is appropriate, the unit member shall be notified of the specific reasons for the recommendation of dismissal, with a copy to the Association President. Within ten (10) days of receipt of this recommendation, the unit member may request submission to arbitration pursuant to Article XV, Stage 3, herein; provided that the reasons for denial of tenure at the completion of the probationary term shall not be subject to arbitration. 4. This procedure is the sole and exclusive method for the discipline or dismissal of such unit members. C. Unit members with less than two years and one day serviceservice in the District. 1. C. In the event that the superintendent recommends to District is considering the Board dismissal of such a unit membersmember with more than three years and one day service in the District for pedagogical reasons, other than dismissals subject to Education Law 3012-c, the unit member mayshall be given a written warning to such effect at least 90 days prior to the time the Superintendent makes their recommendation for dismissal to the Board of Education. Further, the Superintendent shall, within ten (10) 5 school days of receipt of after issuing the recommendation, request a hearing before the Board by delivery of a written request for hearing warning to the Clerk of unit member, call a meeting to be attended by the Board. The hearing will be held in executive session within ten (10) school days superintendent, the unit member, the unit member’s immediate supervisor, and if desired by the unit member, a representative of the unit member’s request or choice. The purpose of the meeting is to develop specific recommendations that, if satisfactorily implemented by the unit member, would result in their continued employment in the District. D. In the event the Superintendent decides to make a recommendation for dismissal to the Board may designate one or two members to hear of Education after the matter. Within five (5) school days procedures in Section C of the hearingthis article have been implemented, the Board will render its written decision, and may dismiss or retain they shall notify the unit member or impose a lesser penaltyin writing of their intention at least 10 days prior to the day the Board of Education is to take action on the Superintendent’s recommendation. The BoardSuperintendent’s decision is not subject notice to Article XV, Stage 3, hereinrecommend dismissal shall include the reasons for such recommendation. E. The Superintendent will supply their reasons for dismissal to the Board of Education for their consideration in preferring 3020-a charges in accordance with Education Law. This procedure shall Any subsequent actions by the District will be in lieu accordance with the processes and procedures established in section 3020-a of Section 3031 of the Education Law. D. Any suspension pending arbitration will be with pay unless otherwise permitted under Education Law.