Common use of Rights of Certificated Employees Clause in Contracts

Rights of Certificated Employees. (A) The District agrees that it shall not unlawfully discriminate against any employee by reason of race, religion, color, national origin, gender, sexual orientation, marital status, age, or due to any sensory, mental or physical handicap, or membership in the Association. The District shall not discriminate by reason of domicile. (B) The Association shall not unlawfully deny membership to any certificated employee in the bargaining unit because of race, religion, color, national origin, gender, sexual orientation, marital status, age, or due to any sensory, mental or physical handicap. The Association shall not discriminate by reason of domicile. (C) No certificated employees shall be discriminated against for the exercise in their private lives of rights guaranteed under the law to citizens generally. (D) The District recognizes the teacher as competent to evaluate students. The teacher has the responsibility and authority to determine grades for his/her student(s). Should a request be made to change a student’s term grade, reasonable efforts will be made to involve both the administrator and the teacher in that decision. Any teacher who disagrees with an administrator's decision to change a grade shall not be forced to make the actual grade change. In this situation the administrator shall be the one to change the grade. All parties shall be notified of the outcome. (E) INVESTIGATIONS/DISCIPLINARY ACTION (1) Any complaint or accusation made against an employee which could result in disciplinary action or have an adverse impact on the employee's evaluation will be called to the attention of the employee within ten (10) working days of said complaint. Any complaint not called to the attention of the employee may not be used as the basis for any disciplinary action against the employee. (2) A certificated employee, at his/her option, shall be entitled to have present a representative of the Association during any hearing called by the District, or an authorized agent of the District, wherein the certificated employee has a reasonable expectation that he/she might be disciplined or penalized. (3) Investigations of certificated employees resulting from complaints or accusations made against them shall take place in an expeditious manner. Materials gathered as a result of an investigation shall not be placed in the employee's personnel file until the investigation is concluded. (4) Certificated employees shall not be disciplined without just cause. The District agrees to follow a policy of progressive discipline and any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action. Formal discipline shall be in private, except as provided in paragraph (1) above. The specific grounds forming the basis for any disciplinary action shall be provided to the employee in writing prior to any formal disciplinary action and the employee will be provided the opportunity to respond. Failure to employ a substitute shall not be considered a disciplinary action and shall not be grievable.

Rights of Certificated Employees. (A) The District agrees that it shall not unlawfully discriminate against any employee or applicant for employment by reason of race, creed, ancestry, religion, color, national originmarital or familial status, gender, sexual orientation, marital statusgender expression or identity, age, or due to any sensory, mental or physical handicapdisability, use of a trained guide dog or service animal, national origin, veteran or military status, housing status, or because of their membership or non-membership in the Association. The District shall not discriminate by reason employee organizations or in their exercise of domicileother rights including union representation. (B) The Association shall not unlawfully deny membership to any certificated employee in the bargaining unit because of race, creed, ancestry, religion, color, national originmarital or familial status, gender, sexual orientation, marital statusgender expression or identity, age, or due to any sensory, mental or physical handicap. The Association shall not discriminate by reason disability, use of domicilea trained guide dog or service animal, national origin, veteran or military status, housing status, or because of their membership or non-membership in employee organizations or in their exercise of other rights including union representation. (C) No certificated employees shall be discriminated against for the exercise in their private lives of rights guaranteed under the law to citizens generally. (D) The District recognizes the teacher as competent to evaluate students. The teacher has Teachers have the responsibility and authority to determine grades for his/her their student(s). Should a request be made to change a student’s term grade, reasonable efforts will be made to involve both the administrator and the teacher in that decision. Any teacher who disagrees with an administrator's decision to change a grade shall not be forced to make the actual grade change. In this situation the administrator shall be the one to change the grade. All parties shall be notified of the outcome. (E) INVESTIGATIONS/DISCIPLINARY ACTION (1) Any complaint or accusation made against an employee which could result in disciplinary action or have an adverse impact on the employee's evaluation will be called to the attention of the employee within ten (10) working days of said complaint. Any complaint not called to the attention of the employee may not be used as the basis for any disciplinary action against the employee. (2) A certificated employee, at his/her the employee’s option, shall be entitled to have present a representative of the Association during any hearing called by the District, or an authorized agent of the District, wherein the certificated employee has a reasonable expectation that he/she they might be disciplined or penalized. (3) Investigations of certificated employees resulting from complaints or accusations made against them shall take place in an expeditious manner. Materials gathered as a result of an investigation shall not be placed in the employee's personnel file until the investigation is concluded. (4) Certificated employees shall not be disciplined without just cause. The District agrees to follow a policy of progressive discipline and any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action. Formal discipline shall be in private, except as provided in paragraph (1) abovewith the exception of representation rights guaranteed by statute. The specific grounds forming the basis for any disciplinary action shall be provided to the employee in writing prior to any formal disciplinary action and the employee will be provided the opportunity to respond. Failure to employ a substitute shall not be considered a disciplinary action and shall not be grievable.