Mutual Respect for a Fair Investigative Process. The parties understand and agree that the District has the authority and obligation to investigate non-frivolous complaints, reports and/or other potentially credible information that a unit member has engaged in misconduct. The parties further understand and agree that unit members are entitled to be presumed innocent of wrongdoing during the investigation process, and shall be treated with the same dignity and respect as alleged victims and complainants. They are entitled to a fair investigation process, including certain protections during the investigation process. While individuals have the right to bring forth complaints, faculty have the right to expect that complaints shall be handled fairly. Consistent with these principles, this procedure provides faculty members that are the subject of a District-initiated misconduct investigation, with the opportunity to respond to any allegations. A misconduct investigation will not be arbitrary or capricious. In entering into this Agreement, the Union does not waive any of its rights to information as allowed by the EERA, the California Public Records Act, or which it is otherwise entitled by law to receive.
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