Just Cause and Due Process. In all instances, discipline will be for just cause and members of the unit will be provided the protection of all procedural due process.
Just Cause and Due Process. A. No teacher shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause except as noted under Article IV 1 C for probationary teachers hired after August 1,
Just Cause and Due Process. An employee who has completed the probationary period shall not be discharged or disciplined without just cause or due process. Any memorandum to an employee that includes a warning regarding discipline or delineates prior wrongdoing will be considered a disciplinary action. Written directives, work plans, coaching, or counseling letters that indicate expectations are not considered discipline.
Just Cause and Due Process. The Association recognizes that the District has the right and responsibility to take appropriate action when there are instances of unprofessional conduct or violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the Governing Board of the Xxxxxx Unified School District, or by reasonable school level administrative rules, or by the requirements of the negotiated agreement. The provisions of this article shall be uniformly applied. In exercising this responsibility, the District agrees to use progressive discipline except where the nature of the offense or the possible consequences of repetition reasonably requires immediate action by the District. In all instances, the severity of the punishment must relate to the severity of the offense. In all instances, discipline shall be for just cause and members of the unit shall be provided the protection of procedural due process as delineated in this article. Progressive discipline shall include the following:
Just Cause and Due Process. 1. No disciplinary action (including the following) shall be taken by the District against any unit member of the bargaining unit without just cause and due process. Discipline may include:
a. Written reprimand
b. Suspension without pay
c. Placing a record of a complaint in the unit member’s personnel file
2. Due process shall require the following:
a. No unit member shall be required to respond to allegations or attend a due process meeting without prior notification of the nature of the allegation.
b. The unit member shall be provided a timely opportunity to meet with the District representatives to discuss the allegations and to respond. If a meeting is held, an Association representative may, at the unit member’s option, also attend the meeting.
c. If discipline results, the decision shall be communicated in writing. The unit member shall be informed of the discipline being imposed and the reasons for the disciplinary action.
3. This section G shall not apply to the dismissal or non-renewal of any unit member of the bargaining unit who is subject to the requirements set forth in ORS 342.805 - 342.995, (Fair Dismissal Law).
4. A pre-termination hearing shall be held with the superintendent or their designee prior to the superintendent’s recommendation of termination to the school board.
5. No probationary unit member shall be dismissed except for “cause deemed in good faith sufficient by the Board” as provided for in ORS 342.835. The probationary unit member is entitled to a meeting with the Board upon request to discuss the cause of dismissal.
Just Cause and Due Process. 1. No disciplinary action (including the following) shall be taken by the District against any member of the bargaining unit without just cause and due process.
a. Written reprimand
b. Denial of a step increase
c. Suspension without pay
d. Placing a recording of a complaint or a complaint in the member’s personnel file
2. For the purpose of G.1 above, due process shall require the following:
a. Before a member is disciplined, the member shall be advised in writing of the charges being made and shall be afforded an opportunity to respond. The member shall be provided a timely opportunity to meet with the District representatives to discuss the charges or to provide a written response. If a meeting is held, an Association representative may, at the member’s option, also attend the meeting.
b. If discipline results, the decision shall be communicated in writing. The member shall be informed of the discipline to be imposed or recommended and the reasons for the disciplinary action to be taken.
3. Before any complaint or any recording of a complaint is placed in a member’s personnel file, the following procedure must be followed:
a. Within 10 member working days after the complaint has been presented to a District administrator, the supervisor must discuss the complaint with the member. If the complaint has been presented to the administration in writing by the complainant, then the written document shall be provided to the member at this initial meeting. An Association representative may, at the member’s option, also attend this initial meeting.
b. If the complaint is being placed in the personnel file or being relied upon as the factual basis for a written reprimand, denial of a step increase, or suspension without pay, the member shall first be advised in writing (1) of the charges being made, (2) the discipline to be imposed or recommended, and (3) the reasons for the disciplinary action to be taken.
c. Once the written notice of charges as outlined in (b) above is provided to the member, the member shall be provided a timely opportunity to meet with the supervisor and/or other District administrators to discuss the charges or to provide a written response. If a meeting is held, an Association representative may at the member’s option also attend the meeting.
d. If discipline is imposed after the meeting in (c) above, the decision to impose the discipline shall be communicated in writing.
e. The timelines of this section shall not apply to those complaints ...
Just Cause and Due Process. A. Discharge, demotion, suspension or any other disciplinary action applied to a non- probationary member shall be made only for reasonable and just cause and shall offer due process. Any such action shall be in accordance with the policies and provisions of this Agreement.
B. Formal counseling, reprimands, suspensions and/or discharges of bargaining unit members shall be conducted in private. Such meetings shall only include those individuals directly involved, a representative of the Association if requested by the member and appropriate non-unit personnel.
C. All of the facts known at the time pertaining to the disciplinary action will be made available to the member in writing at the step when disciplinary action is imposed. The USO/affiliate President will be immediately notified in writing of the reason(s) whenever a bargaining unit member is subjected to formal corrective and/or disciplinary action. No corrective and/or disciplinary meeting shall be held without the Employer first informing the bargaining unit member of his/her right to have a USO representative present.
Just Cause and Due Process. A. The intent of this Article is twofold:
1. To supplement, and for the purpose of disciplinary suspensions without pay to replace, the provisions of Section 44944 of the California Education Code. However, it is not the intent of this Article to replace Sections 44939, 44940, and 44942 of that code.
2. To establish procedures for the administration of constructive and progressive discipline, in accordance with the unit member’s right to due process.
B. The District has the right to discipline unit members for just cause.
C. A unit member has the right to representation on request.
D. The District shall follow constructive and progressive discipline principles outlined in E and F, unless the District determines that the degree and severity of the action warrants higher intervention.
E. Normally, a unit member will not be given a verbal warning letter unless he/she has first been counseled orally about his/her misconduct and expressly told what is expected of him/her.
F. Normally, the District will implement the following principles of constructive and progressive discipline prior to implementing suspension:
1. Oral counseling, including stated expectations, directions, recommendations, and offers of assistance.
2. Warning letter(s), including stated expectations, directions, recommendations, and offers of assistance.
3. Written reprimand(s), including stated expectations, directions, recommendations, and offers of assistance.
Just Cause and Due Process. 1. No disciplinary action (including the following) shall be taken by the District against any unit member of the bargaining unit without just cause and due process as provided for in G(2). Discipline may include:
a. Written reprimand
b. Suspension without pay
c. Placing a recording of a complaint or a complaint in the unit member’s personnel file
2. For the purpose of G.1 above, due process shall require the following:
a. No unit member shall be required to respond to allegations without prior notification of the nature of the allegation.
b. The unit member shall be provided a timely opportunity to meet with the District representatives to discuss the allegations and to respond. If a meeting is held, an Association representative may, at the unit member’s option, also attend the meeting.
c. If discipline results, the decision shall be communicated in writing. The unit member shall be informed of the discipline being imposed and the reasons for the disciplinary action.
3. This section G shall not apply to the dismissal or non-renewal of any unit member of the bargaining unit who is subject to the requirements set forth in ORS 342.805 - 342.995, (Fair Dismissal Law).
4. No probationary unit member shall be dismissed except for “cause deemed in good faith sufficient by the Board” as provided for in ORS 342.835. The probationary unit member is entitled to a meeting with the Board upon request to discuss the cause of dismissal.
Just Cause and Due Process. The parties agree that remediation action requires just cause and due process that includes objective investigation.
