Common use of Level 4 Clause in Contracts

Level 4. A unit member may be suspended without pay, for up to fifteen (15) days, or have other corrective disciplinary action(s) consistent and appropriate for the type and severity of the offense. The unit member is entitled to a hearing upon written request. 6.3.4.1 If a unit member requests a hearing, a panel of three (3) Oxnard Union High School District certificated unit members shall be appointed to review the evidence and determine whether discipline is appropriate. It shall be within the authority of the panel after having reviewed the evidence to recommend private or public reproval, to determine whether suspension is appropriate, or to shorten the length of the recommended suspension. 6.3.4.2 The panel shall be composed of one (1) certificated unit member appointed by the District, one (1) certificated unit member appointed by the Federation, and one (1) unit member selected from a list of six (6) names, three (3) submitted simultaneously by the District and three (3) by the Federation. If a name appears on both lists, a coin will be flipped to see which party gets to add a name so that the list is comprised of 6 names. The order of striking shall be determined by coin toss with the winning side choosing whether to strike first or defer. 6.3.4.3 All of the unit members shall be taken from a list of trained disciplinary panel members appointed bi-annually by Federation and the District. The training for panel members shall include but not be limited to rules of conduct for panel members, topics of importance such as ex parte contact, burden of proof, questioning strategy, credibility determinations, rules of evidence, and other concepts of elemental fairness. If this disciplinary procedure is required prior to the training, the selected employees shall be trained prior to the hearing. 6.3.4.4 Unit members shall be entitled to a hearing at which no attorneys would be present. The District and the Federation intend to balance the possible deprivation of unit member interests with the hearing process. Hearings are not intended to be courtroom dramas. The formal rules of evidence don't apply, and only key witnesses will be allowed to testify in front of the panel. All others will have their testimony conveyed to the panel by oath or affirmation given under penalty of perjury. In the event of a dispute over whether a witness may testify, the panel's determination shall be final. The total time for the hearing is restricted to four (4) hours (unless the panel specifically determines additional time is necessary for findings and recommendations for discipline). 6.3.4.5 Order of Case  District presentation of witnesses and evidence (including questions of witnesses by each side).  Panel questions.  Questions by accused or representative (Limited to ten (10) minutes without panel approval for extension.)  Accused presentation of witnesses and evidence (including questions of witness by each side).  Panel questions.  Questions by District (Limited to ten (10) minutes without panel approval for extension.)  District final statement.  Accused final statement.  Panel questions on any topic (optional). 6.3.4.6 The panel shall provide a written recommendation for discipline which contains findings of fact on key issues. 6.3.4.7 The District has the burden of proof. 6.3.4.8 If the panel determines that the discipline is not warranted, no record of the incident leading to the proposed discipline shall be contained in the unit member's personnel file. If the panel determines discipline is justified, a record of the findings shall be forwarded to the school principal for incorporation, if appropriate, in the evaluation process. It is intended that the decision of the panel is final and binding. 6.3.4.9 Prior to the presentation of the case, at the request of either the District, the Federation, or the accused unit member, a mandatory settlement conference shall be held to explore a possible compromise. Settlements shall be in writing.

Level 4. A unit member may be suspended without pay, for up to fifteen (15) days, or have other corrective disciplinary action(s) consistent and appropriate for the type and severity of the offense. The unit member is entitled to a hearing upon written request. 6.3.4.1 If a unit member requests a hearing, a panel of three (3) Oxnard Union High School District certificated unit members shall be appointed to review the evidence and determine whether discipline is appropriate. It shall be within the authority of the panel after having reviewed the evidence to recommend private or public reproval, to determine whether suspension is appropriate, or to shorten the length of the recommended suspension. 6.3.4.2 The panel shall be composed of one (1) certificated unit member appointed by the District, one (1) certificated unit member appointed by the Federation, and one (1) unit member selected from a list of six (6) names, three (3) submitted simultaneously by the District and three (3) by the Federation. If a name appears on both lists, a coin will be flipped to see which party gets to add a name so that the list is comprised of 6 names. The order of striking shall be determined by coin toss with the winning side choosing whether to strike first or defer. 6.3.4.3 All of the unit members shall be taken from a list of trained disciplinary panel members appointed bi-annually by Federation and the District. The training for panel members shall include but not be limited to rules of conduct for panel members, topics of importance such as ex parte contact, burden of proof, questioning strategy, credibility determinations, rules of evidence, and other concepts of elemental fairness. If this disciplinary procedure is required prior to the training, the selected employees shall be trained prior to the hearing. 6.3.4.4 Unit members shall be entitled to a hearing at which no attorneys would be present. The District and the Federation intend to balance the possible deprivation of unit member interests with the hearing process. Hearings are not intended to be courtroom dramas. The formal rules of evidence don't apply, and only key witnesses will be allowed to testify in front of the panel. All others will have their testimony conveyed to the panel by oath or affirmation given under penalty of perjury. In the event of a dispute over whether a witness may testify, the panel's determination shall be final. The total time for the hearing is restricted to four (4) hours (unless the panel specifically determines additional time is necessary for findings and recommendations for discipline). 6.3.4.5 Order of Case  • District presentation of witnesses and evidence (including questions of witnesses by each side).  • Panel questions.  • Questions by accused or representative (Limited to ten (10) minutes without panel approval for extension.)  • Accused presentation of witnesses and evidence (including questions of witness by each side).  • Panel questions.  • Questions by District (Limited to ten (10) minutes without panel approval for extension.)  • District final statement.  • Accused final statement.  • Panel questions on any topic (optional). 6.3.4.6 The panel shall provide a written recommendation for discipline which contains findings of fact on key issues. 6.3.4.7 The District has the burden of proof. 6.3.4.8 If the panel determines that the discipline is not warranted, no record of the incident leading to the proposed discipline shall be contained in the unit member's personnel file. If the panel determines discipline is justified, a record of the findings shall be forwarded to the school principal for incorporation, if appropriate, in the evaluation process. It is intended that the decision of the panel is final and binding. 6.3.4.9 Prior to the presentation of the case, at the request of either the District, the Federation, or the accused unit member, a mandatory settlement conference shall be held to explore a possible compromise. Settlements shall be in writing.

Level 4. A unit member may be suspended without pay, for up to fifteen (15) days, or have other corrective disciplinary action(s) consistent and appropriate for the type and severity of the offense. The unit member is entitled to a hearing upon written request. 6.3.4.1 If a unit member requests a hearing, a panel of three (3) Oxnard Union High School District certificated unit members shall be appointed to review the evidence and determine whether discipline is appropriate. It shall be within the authority of the panel after having reviewed the evidence to recommend private or public reproval, to determine whether suspension is appropriate, or to shorten the length of the recommended suspension. 6.3.4.2 The panel shall be composed of one (1) certificated unit member appointed by the District, one (1) certificated unit member appointed by the Federation, and one (1) unit member selected from a list of six (6) names, three (3) submitted simultaneously by the District and three (3) by the Federation. If a name appears on both lists, a coin will be flipped to see which party gets to add a name so that the list is comprised of 6 names. The order of striking shall be determined by coin toss with the winning side choosing whether to strike first or deferlot. 6.3.4.3 All of the unit members shall be taken from a list of trained disciplinary panel members appointed bi-annually by Federation and the District. The training for panel members shall include but not be limited to rules of conduct for panel members, topics of importance such as ex parte contact, burden of proof, questioning strategy, credibility determinations, rules of evidence, and other concepts of elemental fairness. If this disciplinary procedure is required prior to the training, the selected employees shall be trained prior to the hearing. 6.3.4.4 Unit members shall be entitled to a hearing at which no attorneys would be present. The District and the Federation intend to balance the possible deprivation of unit member interests with the hearing process. Hearings are not intended to be courtroom dramas. The formal rules of evidence don't apply, and only key witnesses will be allowed to testify in front of the panel. All others will have their testimony conveyed to the panel by oath or affirmation given under penalty of perjury. In the event of a dispute over whether a witness may testify, the panel's determination shall be final. The total time for the hearing is restricted to four (4) hours (unless the panel specifically determines additional time is necessary for findings and recommendations for discipline). 6.3.4.5 Order of Case  • District presentation of witnesses and evidence (including questions of witnesses by each side)evidence.  • Panel questions.  Questions by accused or representative • Accused questioning. (Limited to ten (10) minutes without panel approval for extension.)  • Accused presentation of witnesses and evidence (including questions of witness by each side)evidence.  • Panel questions.  Questions by • District questioning. (Limited to ten (10) minutes without panel approval for extension.)  • District final statement.  • Accused final statement.  • Panel questions on any topic (optional). 6.3.4.6 The panel shall provide a written recommendation for discipline which contains findings of fact on key issues. 6.3.4.7 The District has the burden of proof. 6.3.4.8 If the panel determines that the discipline is not warranted, no record of the incident leading to the proposed discipline shall be contained in the unit member's personnel file. If the panel determines discipline is justified, a record of the findings shall be forwarded to the school principal for incorporation, if appropriate, in the evaluation process. It is intended that the decision of the panel is final and binding. 6.3.4.9 Prior to the presentation of the case, at the request of either the District, the Federation, or the accused unit member, a mandatory settlement conference shall be held to explore a possible compromise. Settlements shall be in writing.

Level 4. A unit member may be suspended without pay, for up to fifteen (15) days, or have other corrective disciplinary action(s) consistent and appropriate for the type and severity of the offense. The unit member is entitled to a hearing upon written request. 6.3.4.1 If a unit member requests a hearing, a panel of three (3) Oxnard Union High School District certificated unit members shall be appointed to review the evidence and determine whether discipline is appropriate. It shall be within the authority of the panel after having reviewed the evidence to recommend private or public reproval, to determine whether suspension is appropriate, or to shorten the length of the recommended suspension. 6.3.4.2 The panel shall be composed of one (1) certificated unit member appointed by the District, one (1) certificated unit member appointed by the Federation, and one (1) unit member selected from a list of six (6) names, three (3) submitted simultaneously by the District and three (3) by the Federation. If a name appears on both lists, a coin will be flipped to see which party gets to add a name so that the list is comprised of 6 names. The order of striking shall be determined by coin toss with the winning side choosing whether to strike first or deferlot. 6.3.4.3 All of the unit members shall be taken from a list of trained disciplinary panel members appointed bi-annually by Federation and the District. The training for panel members shall include but not be limited to rules of conduct for panel members, topics of importance such as ex parte contact, burden of proof, questioning strategy, credibility determinations, rules of evidence, and other concepts of elemental fairness. If this disciplinary procedure is required prior to the training, the selected employees shall be trained prior to the hearing. 6.3.4.4 Unit members shall be entitled to a hearing at which no attorneys would be present. The District and the Federation intend to balance the possible deprivation of unit member interests with the hearing process. Hearings are not intended to be courtroom dramas. The formal rules of evidence don't apply, and only key witnesses will be allowed to testify in front of the panel. All others will have their testimony conveyed to the panel by oath or affirmation given under penalty of perjury. In the event of a dispute over whether a witness may testify, the panel's determination shall be final. The total time for the hearing is restricted to four (4) hours (unless the panel specifically determines additional time is necessary for findings and recommendations for discipline). 6.3.4.5 Order of Case  District presentation of witnesses and evidence (including questions of witnesses by each side)evidence.  Panel questions.  Questions by accused or representative Accused questioning. (Limited to ten (10) minutes without panel approval for extension.)  Accused presentation of witnesses and evidence (including questions of witness by each side)evidence.  Panel questions.  Questions by District questioning. (Limited to ten (10) minutes without panel approval for extension.)  District final statement.  Accused final statement.  Panel questions on any topic (optional). 6.3.4.6 The panel shall provide a written recommendation for discipline which contains findings of fact on key issues. 6.3.4.7 The District has the burden of proof. 6.3.4.8 If the panel determines that the discipline is not warranted, no record of the incident leading to the proposed discipline shall be contained in the unit member's personnel file. If the panel determines discipline is justified, a record of the findings shall be forwarded to the school principal for incorporation, if appropriate, in the evaluation process. It is intended that the decision of the panel is final and binding. 6.3.4.9 Prior to the presentation of the case, at the request of either the District, the Federation, or the accused unit member, a mandatory settlement conference shall be held to explore a possible compromise. Settlements shall be in writing.