Common use of Procedural Termination Clause in Contracts

Procedural Termination. If the unit member has failed to correct, within the time period specified in the Notice of Intent to Suspend, the unprofessional conduct that had led to a Level Three disciplinary action, the Superintendent/President, upon the direction of the Board of Trustees of the District, shall issue a Notice of Intent to Terminate Employment with the District. The District must issue the Notice of Intent to Terminate Employment with the District in writing and deliver it to the unit member by registered mail to the address on file with the District. The notice must detail the specific act(s) of misconduct, the attempts made by the District to correct the behavior of the unit member, and when the termination will occur. The Notice of Intent to Terminate Employment with the District shall be made a part of the unit member’s personnel file (Ed. Code §87672). A copy of the termination notice shall be provided to the Association immediately after it is delivered to the unit member. In response to the Notice of Intent to Terminate Employment with the District, the unit member may do the following: 1. accept the termination without objections; 2. accept the termination with objections. The unit member must object to the Notice in writing to the Superintendent/President, asking such objection to be attached to the Notice and placed within the member’s personnel file; 3. protest the termination. To protest the termination, the unit member must, within thirty (30) calendar days of receipt of the Notice, request in writing to the Superintendent/President a hearing to determine if the termination shall stand. The termination cannot occur prior to this hearing (Ed. Code §87673). Within thirty (30) days of the receipt by the District of the employee’s demand for a hearing, the employee and the governing board shall agree upon an arbitrator to hear the matter. When there is agreement as to the arbitrator, the employee and the governing board shall enter into the records of the governing board written confirmation of the agreement signed by the employee and an authorized representative of the governing board. Upon entry of such confirmation, the arbitrator shall assume complete and sole jurisdiction over the matter (Ed. Code §87674). The district alone shall pay the arbitrator’s fees and expenses and the costs of the proceedings as determined by the arbitrator. The “cost of proceedings” does not include any expenses paid by the employee for his or her counsel, witnesses, or the preparation or presentation of evidence on his or her behalf (Ed. Code §87677).

Procedural Termination. If the unit member has failed to correct, within the time period specified in the Notice of Intent to Suspend, the unprofessional conduct that had led to a Level Three disciplinary action, the Superintendent/President, upon the direction of the Board of Trustees of the District, shall issue a Notice of Intent to Terminate Employment with the District. The District must issue the Notice of Intent to Terminate Employment with the District in writing and deliver it to the unit member by registered mail to the address on file with the District. The notice must detail the specific act(s) of misconduct, the attempts made by the District to correct the behavior of the unit member, and when the termination will occur. The Notice of Intent to Terminate Employment with the District shall be made a part of the unit member’s personnel file (Ed. Code §87672). A copy of the termination notice shall be provided to the Association immediately after it is delivered to the unit member. In response to the Notice of Intent to Terminate Employment with the District, the unit member may do the following: 1. accept the termination without objections; 2. accept the termination with objections. The unit member must object to the Notice in writing to the Superintendent/President, asking such objection to be attached to the Notice and placed within the member’s personnel file; 3. protest the termination. To protest the termination, the unit member must, within thirty (30) calendar days of receipt of the Notice, request in writing to the Superintendent/President a hearing to determine if the termination shall stand. The termination cannot occur prior to this hearing (Ed. Code §87673). Within thirty (30) days of the receipt by the District of the employee’s demand for a hearing, the employee and the governing board shall agree upon an arbitrator to hear the matter. When there is agreement as to the arbitrator, the employee and the governing board shall enter into the records of the governing board written confirmation of the agreement signed by the employee and an authorized representative of the governing board. Upon entry of such confirmation, the arbitrator shall assume complete and sole jurisdiction over the matter (Ed. Code §87674). The district alone shall pay the arbitrator’s fees and expenses and the costs of the proceedings as determined by the arbitrator. The “cost of proceedings” does not include any expenses paid by the employee for his or her counsel, witnesses, or the preparation or presentation of evidence on his or her behalf (Ed. Code §87677).