Procedural Rights. The rights to indemnification and reimbursement or advancement of expenses provided by, or granted pursuant to, this Article Eleventh shall be enforceable by any person entitled to such indemnification or reimbursement or advancement of expenses in any court of competent jurisdiction. The burden of proving that such indemnification or reimbursement or advancement of expenses is not appropriate shall be on the corporation. Neither the failure of the corporation (including its directors, its independent legal counsel and its stockholders) to have made a determination prior to the commencement of such action that such indemnification or reimbursement or advancement of expenses is proper in the circumstances nor an actual determination by the corporation (including its directors, its independent legal counsel and its stockholders) that such person is not entitled to such indemnification or reimbursement or advancement of expenses shall constitute a defense to the action or create a presumption that such person is not so entitled. Such a person shall also be indemnified for any expenses incurred in connection with successfully establishing his or her right to such indemnification or reimbursement or advancement of expenses, in whole or in part, in any such proceeding.
Procedural Rights. The faculty member shall have the same procedural rights as those allowed for under Section 10.4.4 of the Dismissal Review Article, with the determination limited to the issue in Section 12.4.2.1.
Procedural Rights. 6 A bargaining unit member shall be entitled to the following procedural rights as part of any 7 evaluation:
Procedural Rights. (a) The department head upon authorization of the Director of Human Resources may place an employee on paid administrative leave pending the completion of the investigative or pre-disciplinary processes.
(b) Civilian bargaining unit employees of the Police Department have all the procedural rights afforded by Government Code section 3508.1.
Procedural Rights. Continuation of this Agreement is not a condition of Medical Staff membership or Allied Health Professional status at the Hospital. However, the ability to routinely exercise privileges in the Department is affected by the existence of a contract, as follows:
(a) This Agreement may be terminated in accordance with Section 12 below, without necessity of a hearing before the Hospital’s Board of Trustees, a committee of the Medical Staff, or any other body or committee.
(b) In addition, if a Physician or Physician Extender xxxxxx his or her relationship with Medical Group, or if this Agreement is terminated or expires and Hospital subsequently enters into a contract with another Medical Group:
(1) The affected Physician(s) or Physician Extender(s) will thereby relinquish his/her/their authority to regularly use the space and equipment in the Department, and to regularly provide those services that have been awarded to the contractor.
(2) Such relinquishment will not affect the Medical Staff membership or clinical privileges of the affected Physician(s) or the Allied Health Professional membership or clinical privileges of the affected Physician Extender; however, such Physician(s) or Physician Extender will be limited to such use of the Department as is customary for other members of the Medical Staff or Allied Health Professional category who are not members of the contracting Group (e.g., treating their own private patients, providing consultations, serving on on-call panels).
(3) It is expressly agreed that such a relinquishment and change in the nature of the Department practice shall not entitle the affected Physician(s) or Physician Extender to a hearing before the Medical Staff, the Board of Trustees, or any other body or committee.
Procedural Rights. It is the intent of this article to provide procedural safeguards to eligible employees who are under investigation for conduct that may lead to discipline. An eligible employee’s right to representation does not apply to an inquiry, coaching, instruction, or direction given to an eligible employee by his or her immediate supervisor regardless of whether the action is documented or undocumented. If, during an inquiry, an eligible employee knows or believes that his or her own conduct may lead to discipline, the employee may request that the inquiry occur by investigative interview and any further interviewing of the eligible employee concerning the matter shall be conducted pursuant to Section A below.
Procedural Rights. Establishment and Notification of Work Rules 55 .
Procedural Rights presentation and case presented by legal expert Legal language comprehension - exercises with linguist
Procedural Rights. This Article outlines the procedures the City will use when investigating an eligible employee’s alleged acts of misconduct. These procedures do not apply to routine, undocumented inquiries; or to coaching, instruction or direction given to an eligible employee by his or her supervisor. The City agrees it will not discipline an eligible employee unless it has complied with these procedural rights and will revoke any discipline if a department director or designee determines an eligible employee’s procedural rights were violated. However, revoking discipline will not prevent the City from considering the underlying conduct in any future disciplinary action.
