Common use of Right to Due Process Clause in Contracts

Right to Due Process. All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline shall be subject to the grievance procedure. The District will notify the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her personnel file(s) without the employee having indicated he/she has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her own comments. Such written response shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district in advance that the employee has the right to representation during the conference involving the district and the employee. All information forming the basis for any disciplinary action shall be made available to the employee.

Right to Due Process. ‌ All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline shall be subject to the grievance procedure. The District will notify the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her the employee’s personnel file(s) without the employee having indicated he/she the employee has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her the employee’s own comments. Such written response shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district District in advance that the employee has the right to representation during the conference involving the district District and the employee. All information forming the basis for any disciplinary action shall be made available to the employee.

Right to Due Process. All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an ‌ No certificated employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warningsreprimanded, reprimandsdisciplined, suspensions or discharge) reduced in rank or compensation without just or sufficient cause. (See appendix N) Any such discipline reprimand, discipline, or reduction in rank or compensation shall be subject to the grievance procedure hereinafter set forth, PROVIDED, however, that in cases of nonrenewal, discharge, or actions which adversely affect the employee's contract status, the employee shall select the statutory procedures or the grievance procedure. In the event the employee serves notice to the Board that he/she is appealing the Board's decision according to the statutory provisions, such cases shall be specifically exempted from the grievance procedure. When an allegation is made against an employee, the District shall conduct a preliminary investigation and inform the employee that an allegation has been made. The employee has a right to a meeting regarding the allegation(s). The employee further has the right, upon request, to have an Association representative present. The following process shall be followed regarding allegations: 1. Determine whether the alleged misconduct is related to: a) the orderly, efficient and safe operation of the District, b) the performance/behavior that the District reasonably expects of an employee; and/or c) the Washington Code of Professional Conduct. 2. The District, before administering any discipline to an employee, shall make an effort to discover whether the employee did, in fact, engage in misconduct. 3. The District’s investigation shall be conducted fairly and objectively. 4. The District will notify shall apply its rules, order and penalties evenhandedly and without discrimination to any employees. 5. The degree of discipline administered by the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence District in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner a particular case shall be kept or placed in his/her personnel file(sreasonably related to a) without the employee having indicated he/she has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her own comments. Such written response shall become part seriousness of the employee’s written personnel records. Employees have proven offense, and b) in appropriate circumstances, the right to have a representative District may consider other relevant conduct of the Association and/or counsel present when being disciplinedemployee. 6. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no Disciplinary action shall be taken in accordance with respect to the principles of progressive discipline. Progressive discipline may include: verbal warning, written warning, written reprimand, suspension, termination. The District may bypass the steps of progressive discipline because of the severity of the employee until conduct that constituted just cause for discipline. Any formal discipline record above verbal warning shall be placed in the employee’s personnel file, including the reason for such representation of the Association and/or counsel is presentaction. Employees, who are subject to an investigatory conference for possible disciplinary action, Such action will be notified timely. A verbal warning shall be reduced to writing, initialed by the district employee and placed in advance that the appropriate Supervisory file. Two years after its initial placement any verbal warning placed in a supervisors file will be removed if so requested by the employee has the right to representation during the conference involving the district and the employee. All information forming the basis for any disciplinary action shall be made available to the employeein writing.

Right to Due Process. All employees within No employee shall be disciplined, warned, reprimanded, suspended, reduced in rank or compensation, discharged, non-renewed, terminated or adversely affected in any way without just and sufficient cause. In the bargaining unit are entitled event a principal or supervisor feels that a particular behavior is unacceptable on the part of an employee, special monitoring shall be initiated. Discipline of staff members shall normally be progressive in routine cases of unsatisfactory behavior or performance to due processconsist of the following steps: 1. an initial informal conference with only the principal or supervisor (The Board agrees principal and the employee must sign the Step 1 Conference form - Appendix L); 2. if the subject behavior continues, a conference shall be held and a formal written reprimand shall be placed in the employee's district level personnel file specifying the problem, directed remedy, and possible consequences; 3. should the employee's behavior continue to make clear expectations for employees. Letters of Direction will be used by unsatisfactory, the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, principal or supervisor shall recommend suspension with pay, suspension without pay or discharge whichever is considered by the District as appropriate. Prior to the implementation the reasons for suspension with pay, suspension without pay or dischargedischarge shall be in writing and delivered to the affected employee as prescribed in this Agreement. Any Nothing in this section shall limit the District in taking immediate and severe disciplinary action taken against in cases of sudden and/or extraordinary behavioral or performance problems. An employee shall have a right to have present an Association representative in any formal hearing as provided in the grievance procedure. In the above section an employee shall be appropriate may, upon his/her request, have a representative present at steps (2), (3) and (4) only. It is agreed that disciplinary matters pursuant to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline this article shall be subject to the grievance procedureprocedure contained in this Agreement except matters relating to evaluation, probation, non-renewal or discharge which shall be subject to appropriate statutes, regulations and provisions of this Agreement. The District Any complaint of a disciplinary nature made against a unit member, and the name of the complainant will notify the Association as be brought to the occurrence attention of the disciplinary actionmember within ten (10) working days, except in cases where the complaint involves a serious violation of law and premature notification could jeopardize the necessary investigation. Any derogatory document not provided to If an employee within fifteen (15) working days after receipt or composition is not advised of the complaint in accordance with these standards, it shall not be allowed as evidence used in any grievance future disciplinary actions or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her personnel file(s) without the employee having indicated he/she has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her own comments. Such written response shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district in advance that the employee has the right to representation during the conference involving the district and the employee. All information forming the basis for any disciplinary action shall be made available to the employeeevaluations.

Right to Due Process. All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an No certificated employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warningsreprimanded, reprimandsdisciplined, suspensions or discharge) reduced in rank or compensation without just or sufficient cause. (See appendix N) Any such discipline reprimand, discipline, or reduction in rank or compensation shall be subject to the grievance procedure hereinafter set forth, PROVIDED, however, that in cases of nonrenewal, discharge, or actions which adversely affect the employee's contract status, the employee shall select the statutory procedures or the grievance procedure. In the event the employee serves notice to the Board that he/she is appealing the Board's decision according to the statutory provisions, such cases shall be specifically exempted from the grievance procedure. When an allegation is made against an employee, the District shall conduct a preliminary investigation and inform the employee that an allegation has been made. The employee has a right to a meeting regarding the allegation(s). The employee further has the right, upon request, to have an Association representative present. The following process shall be followed regarding allegations: 1. Determine whether the alleged misconduct is related to: a) the orderly, efficient and safe operation of the District, b) the performance/behavior that the District reasonably expects of an employee; and/or c) the Washington Code of Professional Conduct. 2. The District, before administering any discipline to an employee, shall make an effort to discover whether the employee did, in fact, engage in misconduct. 3. The District’s investigation shall be conducted fairly and objectively. 4. The District will notify shall apply its rules, order and penalties evenhandedly and without discrimination to any employees. 5. The degree of discipline administered by the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence District in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner a particular case shall be kept or placed in his/her personnel file(sreasonably related to a) without the employee having indicated he/she has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her own comments. Such written response shall become part seriousness of the employee’s written personnel records. Employees have proven offense, and b) in appropriate circumstances, the right to have a representative District may consider other relevant conduct of the Association and/or counsel present when being disciplinedemployee. 6. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no Disciplinary action shall be taken in accordance with respect to the principles of progressive discipline. Progressive discipline may include: verbal warning, written warning, written reprimand, suspension, termination. The District may bypass the steps of progressive discipline because of the severity of the employee until conduct that constituted just cause for discipline. Any formal discipline record above verbal warning shall be placed in the employee’s personnel file, including the reason for such representation of the Association and/or counsel is presentaction. Employees, who are subject to an investigatory conference for possible disciplinary action, Such action will be notified timely. A verbal warning shall be reduced to writing, initialed by the district employee and placed in advance that the appropriate Supervisory file. Two years after its initial placement any verbal warning placed in a supervisors file will be removed if so requested by the employee has the right to representation during the conference involving the district and the employee. All information forming the basis for any disciplinary action shall be made available to the employeein writing.

Right to Due Process. All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline shall be subject to the grievance procedure. The District will notify the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her personnel file(s) without the employee having indicated he/she has seen the material by first: a) signing and dating itthe material, being provided b) receiving from the District a copy of the material, and having c) being given an opportunity by the opportunity District to attach his/her own comments. Such The employee’s written response comments shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district District in advance that the employee has the right to representation during the conference involving the district District and the employee. All information forming the basis for any disciplinary action shall be made available to the employee.

Right to Due Process. All employees within No employee shall be disciplined, warned, reprimanded, suspended, reduced in rank or compensation, discharged, non-renewed, terminated or adversely affected in any way without just and sufficient cause. In the bargaining unit are entitled event a principal or supervisor feels that a particular behavior is unacceptable on the part of an employee, special monitoring shall be initiated. Discipline of staff members shall normally be progressive in routine cases of unsatisfactory behavior or performance to due process. consist of the following steps: an initial informal conference with only the principal or supervisor (The Board agrees principal and the employee must sign the Step 1 Conference form - Appendix L); if the subject behavior continues, a conference shall be held and a formal written reprimand shall be placed in the employee's district level personnel file specifying the problem, directed remedy, and possible consequences; should the employee's behavior continue to make clear expectations for employees. Letters of Direction will be used by unsatisfactory, the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, principal or supervisor shall recommend suspension with pay, suspension without pay or discharge whichever is considered by the District as appropriate. Prior to the implementation the reasons for suspension with pay, suspension without pay or dischargedischarge shall be in writing and delivered to the affected employee as prescribed in this Agreement. Any Nothing in this section shall limit the District in taking immediate and severe disciplinary action taken against in cases of sudden and/or extraordinary behavioral or performance problems. An employee shall have a right to have present an Association representative in any formal hearing as provided in the grievance procedure. In the above section an employee shall be appropriate may, upon their request, have a representative present at steps (2), (3) and (4) only. It is agreed that disciplinary matters pursuant to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline this article shall be subject to the grievance procedureprocedure contained in this Agreement except matters relating to evaluation, probation, non-renewal or discharge which shall be subject to appropriate statutes, regulations and provisions of this Agreement. The District Any complaint of a disciplinary nature made against a unit member, and the name of the complainant will notify the Association as be brought to the occurrence attention of the disciplinary actionmember within ten (10) working days, except in cases where the complaint involves a serious violation of law and premature notification could jeopardize the necessary investigation. Any derogatory document not provided to If an employee within fifteen (15) working days after receipt or composition is not advised of the complaint in accordance with these standards, it shall not be allowed as evidence used in any grievance future disciplinary actions or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her personnel file(s) without the employee having indicated he/she has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her own comments. Such written response shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district in advance that the employee has the right to representation during the conference involving the district and the employee. All information forming the basis for any disciplinary action shall be made available to the employeeevaluations.

Right to Due Process. All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline shall be subject to the grievance procedure. The District will notify the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her personnel file(s) without the employee having indicated he/she has seen the material by first (a) signing and dating itthe material, being provided (b) receiving from the District a copy of the material, and having (c) being given an opportunity by the opportunity District to attach his/her own comments. Such The employee’s written response comments shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district District in advance that the employee has the right to representation during the conference involving the district District and the employee. All information forming the basis for any disciplinary action shall be made available to the employee.