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.

Procedure for Disciplinary Action. 16.4.1 9.4.1 The employee shall be notified by written notice when disciplinary action is plannedplanned at the level of dismissal, demotion, reassignment, suspension without pay, or reduction in hours or class. 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 also be stated. The written notice shall be personally served on the employee or mailed to the employee via certified mail. In addition, the CSEA Chapter President shall be notified in writing of the pending disciplinary action. 16.4.2 9.4.2 The written notice shall include a statement of the employee's right to a preliminary (i.e. “▇▇▇▇▇▇”) hearing prior to the charges being considered by the Board. Following the preliminary hearing, the district shall notify the employee of the results of that hearing in writing, and whether the recommended discipline is being sustained or modified in any way. This notice shall also include a statement of the employee’s right to a hearingan evidentiary hearing before the Board, or, at the time within which such District’s discretion, by a hearing may be requested, which officer. The employee shall not be less than have five (5) days, and working days from receipt of the notice to request an evidentiary hearing. Lastly the notice shall include a form, the signing and filing of which shall constitute constitutes a demand for hearing and a hearing. On the form, there will also be a “box” for denial of chargesthe charge(s). 16.4.3 9.4.3 If the employee does not respond in writing within the stated time limit for requesting a hearing, the stated intended action shall be imposed. 16.4.4 9.4.4 Upon receipt of a Denial and Request denial and/or request for a Hearinghearing, the CUSD Superintendent shall will arrange for a hearing before the CUSD Board or its designated representativeof Education or, at the District’s discretion, a hearing officer. 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.twenty-five