Common use of Rights of Due Process Clause in Contracts

Rights of Due Process. Employees are entitled to the same rights of due process as are other citizens under both Federal and Washington State Constitutions and Statutes. Employees have the following rights relative to discipline: 6.6.1 The right to have a witness present at any disciplinary interview or any interview the Employee reasonably believes might be disciplinary in nature. 6.6.1.1 If the Employee desires to have a witness the interview will be delayed until said witness is present, but the interview may be rescheduled for a time within five (5) days by the administrator and it shall be the responsibility of the Employee to have their witness present as long as the interview is rescheduled for a reasonable time and held within five (5) days. 6.6.1.2 The supervisor may either discontinue the action or pursue it through other established avenues if the supervisor decides they do not want to pursue said action in front of witnesses. 6.6.2 The right to know in advance the nature of any formal conference or hearing called involving discipline. 6.6.3 The right to have any formal charges made in writing, signed and dated. 6.6.4 The right to have all officially documented information that will be referred to regarding any formal charges made available to the Employee, upon request and prior to any hearings. 6.6.5 The right to contest any evidence presented. 6.6.6 The right to grieve any disciplinary action except dismissal, non-renewal and adverse effect or to appeal to a court of law when and if applicable. 6.6.7 The right to have the District follow a course of progressive discipline from a verbal warning(s) on to more serious action up to and including discharge. There may be unusual circumstances where the situation is of an extreme nature demanding immediate action, therefore, progressive discipline or action is not indicated and/or within the District’s legal options. 6.6.8 The right to not be dismissed or have contract status adversely affected except for cause and in accordance with appropriate statutory provisions. The dismissal and/or adverse effect on contract status of provisional Employees will also be in accordance with the governing statutes.

Appears in 4 contracts

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

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Rights of Due Process. Employees are entitled to the same rights of due process as are other citizens under both Federal and Washington State Constitutions and Statutes. Employees have the following rights relative to discipline: 6.6.1 The right to have a witness representative present at any disciplinary interview or any interview the Employee reasonably believes might be disciplinary in nature. 6.6.1.1 If the Employee desires to have a witness representative the interview will be delayed until said witness representative is present, but the interview may be rescheduled for a time within five (5) days by the administrator and it shall be the responsibility of the Employee to have their witness representative present as long as the interview is rescheduled for a reasonable time and held within five (5) days. 6.6.1.2 The supervisor may either discontinue the action or pursue it through other established avenues if the supervisor decides they do not want to pursue said action in front of witnesses. 6.6.2 The right to know in advance the general nature of any formal conference or hearing called involving discipline. 6.6.3 The right to have any formal charges made in writing, signed and dated. 6.6.4 The right to have all officially documented information that will be referred to regarding any formal charges made available to the Employee, upon request and prior to any hearings. 6.6.5 The right to contest any evidence presented. 6.6.6 The right to grieve any disciplinary action except dismissal, non-renewal and adverse effect or to appeal to a court of law when and if applicable. 6.6.7 The right to have the District follow a course of progressive discipline from a verbal warning(s) on to more serious action up to and including discharge. In administering discipline, the following steps will normally apply: Verbal Warning (non-disciplinary) Letter of Direction (non-disciplinary, placed in building file) Letter of Reprimand (disciplinary, placed in personnel file) Suspension (disciplinary, placed in personnel file) Termination (disciplinary, placed in personnel file) There may be unusual circumstances where the situation is of an extreme nature demanding immediate action, therefore, progressive discipline or action is not indicated and/or within the District’s legal options. 6.6.8 The right to not be dismissed or have contract status adversely affected except for cause and in accordance with appropriate statutory provisions. The dismissal and/or adverse effect on contract status of provisional Employees will also be in accordance with the governing statutes.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Rights of Due Process. It is recognized that Employees are entitled to the same rights of due process as are other citizens under both Federal and Washington State Constitutions and Statutes. It is also agreed that Employees have the following rights relative to discipline: 6.6.1 1. The right to have a witness present at any disciplinary interview or any interview the Employee reasonably believes might be disciplinary in nature. 6.6.1.1 a. If the Employee desires to have a witness witness, the interview will be delayed until said witness is present, ; but the interview may be rescheduled for a time within five (5) days by the administrator and it shall be the responsibility of the Employee to have their his/her witness present as long as the interview is rescheduled for a reasonable time and held within five (5) days. 6.6.1.2 b. The supervisor may either discontinue the action or pursue it through other established avenues if the supervisor decides they do he/she does not want to pursue said action in front of witnesses. 6.6.2 2. The right to know in advance the nature of any formal conference or hearing called involving discipline. 6.6.3 3. The right to have any formal charges made in writing, signed and dated. 6.6.4 4. The right to have all officially documented information that will be referred to regarding any formal charges made available to the Employee, upon request and prior to any hearings. 6.6.5 5. The right to contest any evidence presented. 6.6.6 6. The right to grieve any disciplinary action except dismissal, non-renewal and adverse effect or to appeal to a court of law when and if applicable. 6.6.7 7. The right to have the District follow a course of progressive discipline from a verbal warning(s) on to more serious action up to and including discharge. There may be unusual circumstances where the situation is of an extreme nature demanding immediate action, therefore, progressive discipline or action is not indicated and/or within the District’s 's legal options. 6.6.8 8. The right to not be dismissed or have contract status adversely affected except for cause and in accordance with appropriate statutory provisions. The dismissal and/or adverse effect on contract status of provisional Employees will also be in accordance with the governing statutes.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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