Common use of Procedure for Disciplinary Action Clause in Contracts

Procedure for Disciplinary Action. 16.4.1 The employee shall be notified by written notice when disciplinary action is planned. Such notice shall describe the specific cause or causes for the planned disciplinary action and shall include dates, approximate times, and the general location where the chargeable cause or causes occurred. The proposed disciplinary action shall be stated. The written notice shall be personally served on the employee or mailed to the employee via certified mail. 16.4.2 The written notice shall include a statement of the employee’s right to a hearing, the time within which such a hearing may be requested, which shall not be less than five (5) days, and a form, the signing and filing of which shall constitute a demand for hearing and denial of charges. 16.4.3 If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposed. 16.4.4 Upon receipt of a Denial and Request for a Hearing, the Superintendent shall arrange for a hearing before the Board or its designated representative. The hearing date will allow the employee a minimum of five (5) days for preparation, but shall not be more than thirty (30) days from the date of the receipt of the request. The Board shall render judgment to affirm, dismiss the charge or charges, or modify the disciplinary action proposed. 16.4.5 The employee must appear in person and may be represented by counsel or a representative. 16.4.6 The hearing shall be closed to the public unless the employee requests in writing at least five (5) days before the hearing that it be open to the public. The Superintendent reserves the right to have any hearing before the Board presided over by an impartial person trained to conduct administrative hearings. 16.4.7 The decision of the Board shall be final. 16.4.8 Any disciplinary action shall be subject to the grievance procedure on procedural grounds only. 16.4.9 Time limits stated may be extended upon mutual agreement of the District and CSEA.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Procedure for Disciplinary Action. 16.4.1 17.4.1 The employee shall be notified by written notice when disciplinary action is planned. Such notice shall describe the specific cause or causes for the planned disciplinary action and shall include dates, approximate times, times and the general location where the chargeable cause or causes occurred. The proposed disciplinary action shall also be stated. The written notice shall be personally served on the employee or mailed to the employee via certified mail. 16.4.2 17.4.1.1 The written notice shall include a statement of the employee’s right to a hearing, hereinafter XXXXXX, and the date, time and the place scheduled for the XXXXXX, which shall not be less than five (5) days from this notice. The 17.4.1.2 Purpose of XXXXXX is to allow the employee an opportunity to provide any information in his/her defense to the hearing officer prior to any discipline being imposed. 17.4.1.3 If the employee fails to attend the SKELLY as designated, he/she gives up the right for XXXXXX and the stated intended action shall be imposed. 17.4.1.4 Within a period of five (5) working days following the XXXXXX, the Hearing Officer shall render judgment to affirm, dismiss the charge or charges, or modify the disciplinary action proposed. 17.4.1.5 served on the employee or mailed to the employee via certified mail. 17.4.2 hearing by the Board of Trustees, 2) the time within which such a hearing may be requested, which shall not be less than five (5) days, and 3) a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. 16.4.3 If 17.4.2.1 Filing of a request for hearing shall not prevent or delay the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposedimposition of disciplinary action. 16.4.4 17.4.2.2 Upon receipt of a Denial denial and Request request for a Hearinghearing, the Superintendent shall XXXX will arrange for a hearing before the Riverbank Unified School District Board or its designated representativeof Trustees. The hearing date will allow the employee a minimum of five (5) days for preparation, but shall not be more than thirty fifteen (3015) days from the date of the receipt of the request. The Board shall render judgment to affirm, reverse/dismiss the charge or charges, or modify the disciplinary action proposedaction. 16.4.5 17.4.2.3 The employee must appear in person and may be represented by counsel Counsel or a representativerepresentation. 16.4.6 The hearing 17.4.3 All hearings shall be closed to the public conducted in executive session unless the employee specifically requests a public hearing in writing at least five (5) days before the hearing that it be open to the publicwriting. The Superintendent reserves the right to have any hearing before the Board of Trustees hearing presided over by an impartial person trained to conduct administrative hearings. 16.4.7 17.4.4 The decision of the Board of Trustees shall be final. 16.4.8 17.4.5 Any disciplinary action shall be subject to the grievance procedure on procedural grounds only. 16.4.9 17.4.6 Time limits stated may be extended upon mutual agreement of the District RUSD and CSEA.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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