Common use of Teacher Discipline Clause in Contracts

Teacher Discipline. A. The Employer hereby agrees that no employee shall be reprimanded, disciplined, discharged, or reduced in compensation without just cause. All reprimands must be clearly identified as such. An employee shall be entitled to have present a representative of the Association when he/she is being reprimanded or disciplined for any infraction of discipline or delinquency in professional performance. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present, provided the representative of the Association can be available within two (2) days. If the Association’s representative cannot be available within two (2) days, the Association and the employee waive the right to have an Association representative present at the time of the reprimand or discipline. B. The Employer agrees to follow a policy of progressive discipline which minimally includes verbal warning, written warning, reprimand, suspension with pay, suspension without pay, with discharge as a final and last resort, except when there has been a serious offense. The level of action taken against a teacher shall be appropriate to the behavior which precipitates said action. C. An administrator, upon receipt of any complaint from a parent, teacher, student, or employee about a bargaining unit member, shall meet with and inform the member of said complaint. No further action shall be taken until the complaint has been reduced to writing. The written complaint shall include the date the objectionable action occurred, the date of submission of complaint, and the nature of the complaint. The complaint may be investigated for up to ten (10) work days. No action shall be taken against the bargaining unit member, nor shall anything pertaining to the matter be included in the bargaining unit member’s file, unless the complaint has been substantiated to the Employer’s satisfaction. D. If discipline of an employee (excluding denial of tenure or placement on an additional year of probation) is to be considered because of inadequacies observed in the employee’s professional work with students, such action must minimally be preceded by: 1. Repeated observations of the inadequacies by more than one administrator through the observation process described elsewhere in the Agreement. 2. Clear direction where the employee must improve and the consequences of failure to do so. 3. Adequate opportunity for the employee to make improvements 4. Intensive assistance from administrators and school district resources to help the employee improve. E. Extracurricular and athletic positions shall be excluded from provision D. However, no employee shall be discharged without just cause. Just cause shall be defined as meeting the conditions of Paragraph D, Sections 2 and 3, for the extracurricular positions only.

Teacher Discipline. A. The Employer hereby agrees that no employee shall be reprimanded11.1 Disciplinary action, disciplined, discharged, or reduced as used in compensation the Article means written reprimands and suspensions without just cause. All reprimands must be clearly identified as such. An employee shall be entitled pay for up to have present a representative of the Association when he/she is being reprimanded or disciplined for any infraction of discipline or delinquency in professional performance. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present, provided the representative of the Association can be available within two fifteen (215) days. This Article shall not limit the District’s right to evaluate or to reprimand orally or to counsel employees; nor shall anything in Article 9 – EVALUATION PROCEDURE, limit the District’s right to discipline employees pursuant to this Article. 11.2 The District may issue written reprimands, subject to the following in the order stated: 11.2.1 The employee may submit a response or rebuttal to the written reprimand which will be retained in the records along with the reprimand in accordance with Education Code Section 44031. 11.2.2 The employee may discuss the written reprimand with the Superintendent or the Superintendent’s designee. This discussion, unless waived by the employee, shall take place within seven (7) days from the date the employee receives the written reprimand. 11.2.3 If the Associationdiscussion with the Superintendent does not resolve the employee’s representative cannot be available within two (2) daysconcerns, or if the meeting is waived, the Association and may within twenty (20) school days from the date the employee waive receives the right reprimand, contact the State Mediation and Conciliation Service and request the services of a mediator to have an Association representative present at assist in the time resolution of the reprimand or disciplinedispute. B. 11.2.4 The Employer agrees to follow a policy of progressive discipline which minimally includes verbal warning, written warning, reprimand, suspension with pay, suspension without pay, with discharge as a final and last resort, except when there has been a serious offense. The level of action taken against a teacher shall be appropriate to the behavior which precipitates said action. C. An administrator, upon receipt of any complaint from a parent, teacher, student, or employee about a bargaining unit member, parties shall meet with and inform the member of said complaint. No further action mediator at times that are mutually convenient. 11.2.5 The parties may develop “ground rules” for this process themselves, or develop the “ground rules” with the mediator, or permit the mediator to establish the mediator’s own “ground rules.” 11.2.6 A mutually acceptable mediated settlement resulting from the mediator’s efforts shall be taken until binding on both parties. 11.2.7 In an event a mutually acceptable mediated settlement is not reached, the complaint has been reduced mediator shall issue a recommendation to writingthe Association and Board of Trustees for consideration. The written complaint Board of Trustees shall include consider the date mediator’s recommendation in closed session and shall either accept, reject, or modify the objectionable action occurredmediator’s recommendation. 11.2.8 Once the mediator has deemed mediation over, the date of submission of complaint, and mediator shall have no other further obligation to the nature parties. Nothing contained herein be deemed a waiver of the complaint. mediator’s rights under Evidence Code Section 65. 11.2.9 The complaint above shall constitute the final step of review for written reprimands. 11.3 The District may be investigated suspend employees without pay for up to ten fifteen (1015) work working days. No action , pursuant to the following provisions: 11.3.1 Discipline shall be taken against the bargaining unit memberprogressive and shall be based upon just cause, nor shall anything pertaining including but limited to: 11.3.1.1 Unauthorized absences; 11.3.1.2 Repeated unauthorized tardiness; 11.3.1.3 Repeated failure to the matter be included in the bargaining unit member’s file, unless the complaint has been substantiated to the Employer’s satisfaction.perform regular or other assigned duties; D. If discipline 11.3.1.4 Commission of an employee (excluding denial of tenure or placement on an additional year of probation) is to be considered because of inadequacies observed in the employee’s professional work with students, such action must minimally be preceded by: 1. Repeated observations of the inadequacies by more than one administrator through the observation process described elsewhere in the Agreement. 2. Clear direction where the employee must improve and the consequences of failure to do so. 3. Adequate opportunity for the employee to make improvements 4. Intensive assistance from administrators and school district resources to help the employee improve. E. Extracurricular and athletic positions shall be excluded from provision D. However, no employee shall be discharged without just cause. Just cause shall be defined as meeting the conditions of Paragraph D, Sections 2 and 3, for the extracurricular positions only.act involving moral turpitude;

Teacher Discipline. A. The Employer hereby agrees that no employee No tenured teacher shall be reprimandeddismissed, disciplined, dischargedsuspended, or reduced in compensation disciplined without just cause. All reprimands must be clearly identified as such. An employee Should the Board wish to dismiss any teacher, it shall be entitled required to have present a representative give the teacher and the BFO thirty (30) days notice of such intended action, stating the Association when he/reasons therefore. B. Fair Dismissal - A probationary teacher who has completed one year of service and who has been officially notified by the Superintendent of Schools that he or she is being reprimanded or disciplined recommending that the teacher’s service be terminated, shall be entitled, upon written request, to a conference with the Superintendent for any infraction the purpose of discipline or delinquency in professional performance. When a fully discussing such recommendations; provided that the request for such representation a conference is made, no action made in writing to the Superintendent within five (5) days following receipt of such notification. The conference shall be taken with respect to the teacher until such representative of the Association is present, provided the representative of the Association can be available within two (2) days. If the Association’s representative cannot be available within two (2) days, the Association and the employee waive the right to have an Association representative present at the time of the reprimand or discipline. B. The Employer agrees to follow a policy of progressive discipline which minimally includes verbal warning, written warning, reprimand, suspension with pay, suspension without pay, with discharge as a final and last resort, except when there has been a serious offense. The level of action taken against a teacher shall be appropriate to the behavior which precipitates said action. C. An administrator, upon receipt of any complaint from a parent, teacher, student, or employee about a bargaining unit member, shall meet with and inform the member of said complaint. No further action shall be taken until the complaint has been reduced to writing. The written complaint shall include the date the objectionable action occurred, the date of submission of complaint, and the nature of the complaint. The complaint may be investigated for up to held no later than ten (10) work daysdays from the date the teacher receives notification from the Superintendent of this recommending of termination. No action shall be taken against the bargaining unit member, nor shall anything pertaining to the matter be included in the bargaining unit member’s file, unless the complaint A probationary teacher who has been substantiated to the Employer’s satisfaction. D. If discipline of an employee (excluding denial of tenure or placement on an additional year of probation) is to be considered because of inadequacies observed in the employee’s professional work with students, such action must minimally be preceded by: 1. Repeated observations of the inadequacies by completed more than one administrator through year of service and who has been officially notified by the observation process described elsewhere in Superintendent that he or she is recommending that the Agreement. 2. Clear direction where the employee must improve and the consequences of failure to do so. 3. Adequate opportunity for the employee to make improvements 4. Intensive assistance from administrators and school district resources to help the employee improve. E. Extracurricular and athletic positions teacher’s services be terminated, shall be excluded from provision D. Howeverentitled, no employee upon written request, to a hearing before the Board of Education concerning the recommendation of termination; provided that the request for such a hearing is made in writing to the President of the Board within five (5) days following the conference with the Superintendent. The hearing before the Board shall take place prior to Board consideration of the Superintendent’s recommendation of termination, upon reasonable notice of the teacher requesting the same. A teacher entitled to a conference with the Superintendent and a hearing before the Board, as set forth herein above, shall have the right to present witnesses and relevant facts at said conference and/or hearing and to have present for assistance and consultation representatives of his or her own choosing. The teacher shall also have the right, if he or she so requests, to have present at the conference and/or hearing, the person or persons who recommended the termination of his or her services and shall have made available to him or her a written evaluation or other documents relating to the reason for such termination. Neither the Superintendent’s decision recommending termination of employment nor the Board’s action upon such recommendation shall be discharged without just cause. Just cause shall be defined subject to the grievance and arbitration procedure set forth as meeting in Article XXIV of the conditions of Paragraph D, Sections 2 and 3, for the extracurricular positions onlycollective bargaining agreement.

Teacher Discipline. A. The Employer hereby agrees that no employee shall be reprimanded11.1 Disciplinary action, disciplined, discharged, or reduced as used in compensation the Article means written reprimands and suspensions without just cause. All reprimands must be clearly identified as such. An employee shall be entitled pay for up to have present a representative of the Association when he/she is being reprimanded or disciplined for any infraction of discipline or delinquency in professional performance. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present, provided the representative of the Association can be available within two fifteen (215) days. This Article shall not limit the District’s right to evaluate or to reprimand orally or to counsel employees; nor shall anything in Article 9 – EVALUATION PROCEDURE, limit the District’s right to discipline employees pursuant to this Article. 11.2 The District may issue written reprimands, subject to the following in the order stated: 11.2.1 The employee may submit a response or rebuttal to the written reprimand which will be retained in the records along with the reprimand in accordance with Education Code Section 44031. 11.2.2 The employee may discuss the written reprimand with the Superintendent or his/her designee. This discussion, unless waived by the employee, shall take place within seven (7) days from the date the employee receives the written reprimand. 11.2.3 If the Associationdiscussion with the Superintendent does not resolve the employee’s representative cannot be available within two (2) daysconcerns, or if the meeting is waived, the Association and may within twenty (20) school days from the date the employee waive receives the right reprimand, contact the State Mediation and Conciliation Service and request the services of a mediator to have an Association representative present at assist in the time resolution of the reprimand or disciplinedispute. B. 11.2.4 The Employer agrees to follow a policy of progressive discipline which minimally includes verbal warning, written warning, reprimand, suspension with pay, suspension without pay, with discharge as a final and last resort, except when there has been a serious offense. The level of action taken against a teacher shall be appropriate to the behavior which precipitates said action. C. An administrator, upon receipt of any complaint from a parent, teacher, student, or employee about a bargaining unit member, parties shall meet with and inform the member of said complaint. No further action mediator at times that are mutually convenient. 11.2.5 The parties may develop “ground rules” for this process themselves, or develop the “ground rules” with the mediator, or permit the mediator to establish his/her own “ground rules.” 11.2.6 A mutually acceptable mediated settlement resulting from the mediator’s efforts shall be taken until binding on both parties. 11.2.7 In an event a mutually acceptable mediated settlement is not reached, the complaint has been reduced mediator shall issue a recommendation to writingthe Association and Board of Trustees for consideration. The written complaint Board of Trustees shall include consider the date mediator’s recommendation in closed session and shall either accept, reject, or modify the objectionable action occurredmediator’s recommendation. 11.2.8 Once the mediator has deemed mediation over, the date of submission of complaint, and mediator shall have no other further obligation to the nature parties. Nothing contained herein be deemed a waiver of the complaint. mediator’s rights under Evidence Code Section 65. 11.2.9 The complaint above shall constitute the final step of review for written reprimands. 11.3 The District may be investigated suspend employees without pay for up to ten fifteen (1015) work working days. No action , pursuant to the following provisions: 11.3.1 Discipline shall be taken against the bargaining unit memberprogressive and shall be based upon just cause, nor shall anything pertaining including but limited to: 11.3.1.1 Unauthorized absences; 11.3.1.2 Repeated unauthorized tardiness; 11.3.1.3 Repeated failure to the matter be included in the bargaining unit member’s file, unless the complaint has been substantiated to the Employer’s satisfaction.perform regular or other assigned duties; D. If discipline 11.3.1.4 Commission of an employee (excluding denial of tenure or placement on an additional year of probation) is to be considered because of inadequacies observed in the employee’s professional work with students, such action must minimally be preceded by: 1. Repeated observations of the inadequacies by more than one administrator through the observation process described elsewhere in the Agreement. 2. Clear direction where the employee must improve and the consequences of failure to do so. 3. Adequate opportunity for the employee to make improvements 4. Intensive assistance from administrators and school district resources to help the employee improve. E. Extracurricular and athletic positions shall be excluded from provision D. However, no employee shall be discharged without just cause. Just cause shall be defined as meeting the conditions of Paragraph D, Sections 2 and 3, for the extracurricular positions only.act involving moral turpitude;