Common use of Pre-Disciplinary Procedures Clause in Contracts

Pre-Disciplinary Procedures. A. Before a non-probationary employee is suspended, demoted or dismissed, he/she shall be entitled to a hearing before an administrative hearing officer appointed by the Director of Employee and Labor Relations. Before the hearing, the University will provide the hearing officer with only the notice of the hearing and such other information as the hearing officer has a reasonable need to know. The Union may not contact the hearing officer in advance of the hearing regarding the case. The employee will be advised of his/her right to such hearing at the time he/she is presented with the written charge(s) setting forth the allegations which could result in discipline. A copy of such charges, the pre-disciplinary packet (including any pertinent GPS data or video footage}, and notice of hearing date shall also be presented to the Local Union President and Ohio Council 8 Staff Representative. Such charges may be for a series of events or for a single event. Charges shall be presented to the employee within thirty (30) calendar days of University knowledge of the event or the latest of the series of events alleged or relied upon. Nothing in this paragraph shall prohibit the University from taking disciplinary action against an employee(s) as a result of a local, state and or federal investigation, or internal audit, or OEEO investigation that is concluded more than thirty (30) calendar days after the latest of events ultimately alleged or relied upon by the University. B. Unless extended by mutual agreement of the Union or the employee and the University, the pre- disciplinary administrative hearing will be conducted at a date and time that allow at least five (5) working days from the employee's receipt of written charges, thus allowing the Union and the University time to prepare for the hearing. The hearing officer will render his/her recommendation(s) to the Associate Vice President of Human Resources within seven (7) calendar days of the hearing. The hearing date, time and place shall be scheduled by management. The Associate Vice President of Human Resources will render a decision within twenty-one (21) calendar days from the date of the hearing officer's recommendation. A copy of the decision shall be sent to the employee, Local Union President and Ohio Council 8 Staff Representative. C. An employee shall have the right to Union representation at the pre-disciplinary hearings, or may choose to present his/her own case. If the employee chooses to represent his/her own case, s/he will sign a "Waiver of Union Representation" form. (See Addendum 3) The employee may not be represented by any other representatives. The employee charged, his/her Union representative, and necessary witnesses shall suffer no loss of regular, straight time pay, as a result of time spent attending pre-disciplinary hearings. D. An employee may waive his/her right to a pre-disciplinary administrative hearing by signing a written waiver any time prior to the scheduled hearing. Where such waiver is filed, disciplinary action may be taken by the University. E. Failure of the charged employee to appear at the scheduled pre-disciplinary administrative hearing shall automatically waive the right to such hearing unless off on approved leave. If an employee is off on approved leave, all deadlines associated with pre-disciplinary hearings will be suspended until the employee returns to work unless otherwise mutually agreed. In such event, disciplinary action may be taken by the University. F. Whether or not a pre-disciplinary hearing is conducted, any employee who is suspended, demoted, or dismissed shall be notified, in writing, of such action. Such written notice shall be mailed to the employee's last known address and the Local Union within fourteen (14) calendar days of the pre- disciplinary hearing or the date originally scheduled for such hearing where it has been waived. G. Where a suspension, demotion, or dismissal follows a pre-disciplinary hearing, the employee may file a grievance appealing the action at Step 2 of the Grievance Procedure. Where a suspension, demotion, or dismissal follows waiver of the pre-disciplinary hearing, the employee shall have access to the entirety of the Grievance Procedure. H. Nothing herein shall prevent the University from removing an employee from University premises and denying the employee access thereto, pending pre-disciplinary hearing or waiver thereof, where the best interests of the University so dictate. In such cases, the decision of the Associate Vice President of Human Resources or Director of Employee and Labor Relations, following the pre-disciplinary hearing, shall be retroactive to the date of removal from the premises. I. The Employer shall change the Employee's work schedule to allow for attendance to the hearing if necessary. The employee's time spent in the pre-disciplinary hearing is considered hours worked. Change of schedule in other provisions of this collective bargaining agreement shall not apply to this article.

Pre-Disciplinary Procedures. A. Before a non-probationary employee is suspended, demoted or dismissed, he/she shall be entitled to a hearing before an administrative hearing officer appointed by the Director of Employee and Labor Relations. Before the hearing, the University will provide the hearing officer with only the notice of the hearing and such other information as the hearing officer has a reasonable need to know. The Union may not contact the hearing officer in advance of the hearing regarding the case. The employee will be advised of his/her right to such hearing at the time he/she is presented with the written charge(s) setting forth the allegations which could result in discipline. A copy of such chargescharges , the pre-disciplinary packet (including any pertinent GPS data or video footage}), and notice of hearing date shall also be presented to the Local Union President and Ohio Council 8 Staff Representative. Such charges may be for a series of events or for a single event. Charges shall be presented to the employee within thirty (30) calendar days of University knowledge of the event or the latest of the series of events alleged or relied upon. Nothing in this paragraph shall prohibit the University from taking disciplinary action against an employee(s) as a result of a local, state and or federal investigation, or internal audit, or OEEO investigation that is concluded more than thirty (30) calendar days after the latest of events ultimately alleged or relied upon by the University. B. Unless extended by mutual agreement of the Union or the employee and the University, the pre- disciplinary administrative hearing will be conducted at a date and time that allow at least five (5) working days from the employee's receipt of written charges, thus allowing the Union and the University time to prepare for the hearing. The hearing officer will render his/her recommendation(s) to the Associate Vice President of Human Resources within seven (7) calendar days of the hearing. The hearing date, time and place shall be scheduled by management. The Associate Vice President of Human Resources will render a decision within twenty-one (21) calendar days from the date of the hearing officer's recommendation. A copy of the decision shall be sent to the employee, Local Union President and Ohio Council 8 Staff Representative. C. An employee shall have the right to Union representation at the pre-disciplinary hearings, or may choose to present his/her own case. If the employee chooses to represent his/her own case, s/he will sign a "Waiver of Union Representation" form. (See Addendum 3) The employee may not be represented by any other representatives. The employee charged, his/her Union representative, and necessary witnesses shall suffer no loss of regular, straight time pay, as a result of time spent attending pre-disciplinary hearings. D. An employee may waive his/her right to a pre-disciplinary administrative hearing by signing a written waiver any time prior to the scheduled hearing. Where such waiver is filed, disciplinary action may be taken by the University. E. Failure of the charged employee to appear at the scheduled pre-disciplinary administrative hearing shall automatically waive the right to such hearing unless off on approved leave. If an employee is off on approved leave, all deadlines associated with pre-disciplinary hearings will be suspended until the employee returns to work unless otherwise mutually agreed. In such event, disciplinary action may be taken by the University. F. Whether or not a pre-disciplinary hearing is conducted, any employee who is suspended, demoted, or dismissed shall be notified, in writing, of such action. Such written notice shall be mailed to the employee's last known address and the Local Union within fourteen (14) calendar days of the pre- pre-disciplinary hearing or the date originally scheduled for such hearing where it has been waived. G. Where a suspension, demotion, or dismissal follows a pre-disciplinary hearing, the employee may file a grievance appealing the action at Step 2 of the Grievance Procedure. Where a suspension, demotion, or dismissal follows waiver of the pre-disciplinary hearing, the employee shall have access to the entirety of the Grievance Procedure. H. Nothing herein shall prevent the University from removing an employee from University premises and denying the employee access thereto, pending pre-disciplinary hearing or waiver thereof, where the best interests of the University so dictate. In such cases, the decision of the Associate Vice President of Human Resources or Director of Employee and Labor Relations, following the pre-disciplinary hearing, shall be retroactive to the date of removal from the premises. I. The Employer shall change the Employee's work schedule to allow for attendance to the hearing if necessary. The employee's time spent in the pre-disciplinary hearing is considered hours worked. Change of schedule in other provisions of this collective bargaining agreement shall not apply to this article.

Pre-Disciplinary Procedures. A. Before a non-probationary Any employee is suspended, demoted or dismissed, he/she proposed to be disciplined shall receive written notification of intended disciplinary action. Notification shall be entitled deemed sufficient when it is delivered in person to a hearing before an administrative hearing officer appointed the employee or when it is deposited in the U.S. Certified Mail, postage prepaid, and addressed to the last known address of the employee. The notice of intended disciplinary action shall be issued by the Director of Employee and Labor RelationsSuperintendent/President or his designees. A. The pre-disciplinary notice shall contain the following: 1. Before the hearing, the University will provide the hearing officer with only the notice A statement of the hearing and such other information as the hearing officer has a reasonable need to knowproposed disciplinary action. 2. The Union may not contact the hearing officer in advance A statement of the hearing regarding the case. The employee will be advised of his/her right to reasons for such hearing at the time he/she is presented with the written charge(s) setting forth the allegations which could result in disciplineaction. 3. A copy of such chargesthe charges and materials upon which the action is based. 4. A statement that the employee has the right to respond, the pre-disciplinary packet (including any pertinent GPS data either orally or video footage}, and notice of hearing date shall also be presented in writing to the Local Union Superintendent/President or his designee who is authorized to investigate and Ohio Council 8 Staff Representative. Such charges may be for a series of events or for a single event. Charges shall be presented to determine the employee within thirty (30) calendar days of University knowledge facts of the event or the latest of the series of events alleged or relied upon. Nothing in this paragraph shall prohibit the University from taking disciplinary action against an employee(s) as matter and to make recommendations preliminary to a result of a local, state and or federal investigation, or internal audit, or OEEO investigation that is concluded more than thirty (30) calendar days after the latest of events ultimately alleged or relied upon decision by the UniversityBoard. B. Unless extended by mutual agreement of the Union or the The employee and the University, the pre- disciplinary administrative hearing will shall be conducted at a date and time that allow given at least five (5) working calendar days from notice of the time and place of the meeting at which the Superintendent/President will consider the employee's receipt of written charges, thus allowing the Union and the University time to prepare for the hearing. The hearing officer will render his/her recommendation(s) response to the Associate Vice President of Human Resources within seven (7) calendar days of the hearing. The hearing date, time and place shall be scheduled by management. The Associate Vice President of Human Resources will render a decision within twenty-one (21) calendar days from the date of the hearing officer's recommendation. A copy of the decision shall be sent to the employee, Local Union President and Ohio Council 8 Staff Representativeproposed disciplinary action. C. An The employee shall have be afforded the right to Union representation at the pre-disciplinary hearings, or may choose opportunity to present his/her own caseany evidence or information relevant to the charges and the proposed disciplinary action. If the employee chooses to represent his/her own case, s/he will sign a "Waiver of Union Representation" form. (See Addendum 3) The employee may not shall be entitled to be represented by counsel or any other representatives. The employee charged, his/her Union representative, and necessary witnesses shall suffer no loss of regular, straight time pay, as a result of time spent attending pre-disciplinary hearingsperson chosen by the employee. D. An When, in the opinion of the Superintendent/President it is necessary to immediately remove the employee may waive his/her right due to a pre-disciplinary administrative hearing by signing a written waiver any time prior potential harm to the scheduled hearing. Where such waiver is filedpublic, disciplinary action may be taken by the University. E. Failure of the charged employee to appear at the scheduled pre-disciplinary administrative hearing shall automatically waive the right to such hearing unless off on approved leave. If an employee is off on approved leave, all deadlines associated with pre-disciplinary hearings will be suspended until the employee returns to work unless otherwise mutually agreed. In such event, disciplinary action may be taken by the University. F. Whether or not a pre-disciplinary hearing is conducted, any employee who is suspended, demoteddistrict property, or dismissed shall be notified, in writing, of such action. Such written notice shall be mailed to the employee's last known address and the Local Union within fourteen (14) calendar days of the pre- disciplinary hearing or the date originally scheduled for such hearing where it has been waived. G. Where a suspension, demotion, or dismissal follows a pre-disciplinary hearingother employees, the employee may file a grievance appealing the action at Step 2 of the Grievance Procedure. Where a suspension, demotion, or dismissal follows waiver of the pre-disciplinary hearing, the employee shall have access to the entirety of the Grievance Procedure. H. Nothing herein shall prevent the University from removing an employee from University premises and denying the employee access thereto, pending pre-disciplinary hearing or waiver thereof, where the best interests of the University so dictatebe placed on paid administrative leave. In such cases, written notice shall be served on the decision employee, and shall contain a statement of the Associate Vice reasons therefore. The notice shall be served as soon as possible thereafter in view of the circumstances. Furthermore, the Superintendent/ President of Human Resources the college, or Director in his/her absence, the person designated to act as chief administrative officer, may, after serving a notice of Employee and Labor Relations, following the pre-proposed disciplinary hearing, shall be retroactive action to the date of removal from employee and affording the premises. I. The Employer shall change the Employee's work schedule employee an opportunity to allow for attendance present any information or evidence relevant to the hearing if necessary. The employee's time spent in the pre-charges, take action to suspend with or without pay any such classified employee pending disciplinary hearing is considered hours worked. Change before a binding arbitrator or the Board of schedule in other provisions of this collective bargaining agreement shall not apply to this articleTrustees.

Pre-Disciplinary Procedures. A. Before a non-probationary Any employee is suspended, demoted or dismissed, he/she proposed to be disciplined shall receive written notification of intended disciplinary action. Notification shall be entitled deemed sufficient when it is delivered in person to a hearing before an administrative hearing officer appointed the employee or when it is deposited in the U.S. Certified Mail, postage prepaid, and addressed to the last known address of the employee. The notice of intended disciplinary action shall be issued by the Director of Employee and Labor Relations. Before Superinten­dent/President or his designees. A. The pre-disciplinary notice shall contain the hearing, the University will provide the hearing officer with only the notice following: A statement of the hearing and such other information as the hearing officer has a reasonable need to knowproposed disciplinary action. The Union may not contact the hearing officer in advance A statement of the hearing regarding the case. The employee will be advised of his/her right to reasons for such hearing at the time he/she is presented with the written charge(s) setting forth the allegations which could result in disciplineaction. A copy of such chargesthe charges and materials upon which the action is based. A statement that the employee has the right to respond, the pre-disciplinary packet (including any pertinent GPS data either orally or video footage}, and notice of hearing date shall also be presented in writing to the Local Union Superintendent/President or his designee who is authorized to investigate and Ohio Council 8 Staff Representativedetermine the facts of the matter and to make recommendations preliminary to a decision by the Board. Such charges may be for a series of events or for a single event. Charges The employee shall be presented to the employee within thirty (30) calendar days of University knowledge of the event or the latest of the series of events alleged or relied upon. Nothing in this paragraph shall prohibit the University from taking disciplinary action against an employee(s) as a result of a local, state and or federal investigation, or internal audit, or OEEO investigation that is concluded more than thirty (30) calendar days after the latest of events ultimately alleged or relied upon by the University. B. Unless extended by mutual agreement of the Union or the employee and the University, the pre- disciplinary administrative hearing will be conducted at a date and time that allow given at least five (5) working calendar days from notice of the time and place of the meeting at which the Superintendent/President will consider the employee's receipt of written charges, thus allowing response to the Union proposed disciplinary action. The employee shall be afforded the opportunity to present any evidence or information relevant to the charges and the University time to prepare for the hearingproposed disciplinary action. The hearing officer will render his/her recommendation(s) to the Associate Vice President of Human Resources within seven (7) calendar days of the hearing. The hearing date, time and place employee shall be scheduled by management. The Associate Vice President of Human Resources will render a decision within twenty-one (21) calendar days from the date of the hearing officer's recommendation. A copy of the decision shall be sent entitled to the employee, Local Union President and Ohio Council 8 Staff Representative. C. An employee shall have the right to Union representation at the pre-disciplinary hearings, or may choose to present his/her own case. If the employee chooses to represent his/her own case, s/he will sign a "Waiver of Union Representation" form. (See Addendum 3) The employee may not be represented by counsel or any other representativesperson chosen by the employee. The When, in the opinion of the Superintendent/President it is necessary to immediately remove the employee charged, his/her Union representative, and necessary witnesses shall suffer no loss of regular, straight time pay, as a result of time spent attending pre-disciplinary hearings. D. An employee may waive his/her right due to a pre-disciplinary administrative hearing by signing a written waiver any time prior potential harm to the scheduled hearing. Where such waiver is filedpublic, disciplinary action may be taken by the University. E. Failure of the charged employee to appear at the scheduled pre-disciplinary administrative hearing shall automatically waive the right to such hearing unless off on approved leave. If an employee is off on approved leave, all deadlines associated with pre-disciplinary hearings will be suspended until the employee returns to work unless otherwise mutually agreed. In such event, disciplinary action may be taken by the University. F. Whether or not a pre-disciplinary hearing is conducted, any employee who is suspended, demoteddistrict property, or dismissed shall be notified, in writing, of such action. Such written notice shall be mailed to the employee's last known address and the Local Union within fourteen (14) calendar days of the pre- disciplinary hearing or the date originally scheduled for such hearing where it has been waived. G. Where a suspension, demotion, or dismissal follows a pre-disciplinary hearingother employees, the employee may file a grievance appealing the action at Step 2 of the Grievance Procedure. Where a suspension, demotion, or dismissal follows waiver of the pre-disciplinary hearing, the employee shall have access to the entirety of the Grievance Procedure. H. Nothing herein shall prevent the University from removing an employee from University premises and denying the employee access thereto, pending pre-disciplinary hearing or waiver thereof, where the best interests of the University so dictatebe placed on paid administrative leave. In such cases, written notice shall be served on the decision employee, and shall contain a statement of the Associate Vice reasons therefore. The notice shall be served as soon as possible thereafter in view of the circumstances. Furthermore, the Superintendent/ President of Human Resources the college, or Director in his/her absence, the person designated to act as chief administrative officer, may, after serving a notice of Employee and Labor Relations, following the pre-proposed disciplinary hearing, shall be retroactive action to the date of removal from employee and affording the premises. I. The Employer shall change the Employee's work schedule employee an opportunity to allow for attendance present any information or evidence relevant to the hearing if necessary. The employee's time spent in the pre-charges, take action to suspend with or without pay any such classified employee pending disciplinary hearing is considered hours worked. Change before a binding arbitrator or the Board of schedule in other provisions of this collective bargaining agreement shall not apply to this articleTrustees.