Common use of Progressive Discipline and Termination Clause in Contracts

Progressive Discipline and Termination. The Board's right to manage, direct and control the operations of the district includes the right to discipline employees for just cause. Progressive discipline may consist of verbal warnings, written reprimands, suspensions with pay, suspensions without pay, termination or such other appropriate action as may be needed given the nature and magnitude of the misconduct involved. Notwithstanding any Civil Service law or language in the Agreement to the contrary, any dispute arising from the discipline, demotion, suspension or removal (i.e., termination for just cause) of an employee, shall be processed under the Agreement's grievance procedure. The parties expressly intend that the provisions of this Article 13 shall supersede and replace any and all Civil Service rights and procedures with respect to matters of discipline, demotion, suspension or removal (i.e., termination for just cause). An employee may request the presence of a Union Representative or other OEA member of his or her choice if a Union Representative is not readily available, at any investigatory interview conducted by the Board of Education if the employee reasonably believes that such interview might result in disciplinary action. The Board of Education shall advise any employee facing disciplinary action of his or her rights to have a Union Representative or other employee present Except in situations of serious misconduct warranting immediate suspension or termination, which would include but not be limited to examples of which are set forth in Board Policy GDPD, the discipline of employees shall be administered in accordance with the principle of progressive discipline. In all cases of discipline or removal (i.e. termination for just cause) the employee will be given written notice of such and will be informed that the notice will be made a part of his/her personnel file. Employees who receive such notices shall then have the right to file a response or objection to the disciplinary action. This response or objection shall be placed in the employee's personnel file. Employees will be asked to sign any disciplinary notice, as proof that they actually received the notice. An employee may request the nullification of any written reprimand or warning contained in his or her personnel file after two (2) years. Such request shall be made to the Superintendent or designee in writing. Upon receipt of such request, the Superintendent or designee shall schedule a conference with the employee to review the matter. The Employee may be accompanied at this meeting by a representative of the Union. If the Superintendent or designee agrees to the removal, the Superintendent or designee shall prepare a memorandum of nullification and affix it to the reprimand or warning in the employee's personnel file. Nullified reprimands or warnings shall not be considered in the imposition of any subsequent discipline or termination action taken against the employee.