The Disciplinary Hearing. When, in its judgment, an employee's appeal for a disciplinary hearing is appropriate under the Rules, the Commission will arrange for such hearing and subsequent findings and decisions will be published.
The Disciplinary Hearing. Officer shall consider the mental health clinician’s findings and any other available disability information when deciding what, if any, disciplinary action should be imposed.
The Disciplinary Hearing. Officer shall consider the qualified mental health professional’s input on minimizing the deleterious effect of disciplinary measures on the person in view of their Serious Mental Illness, any other relevant disability, or adaptive support needs.
The Disciplinary Hearing. Officer shall ensure that incarcerated people are not disciplined for conduct that is related to their mental health disability or Intellectual/Developmental Disability.
The Disciplinary Hearing. 6.1 A decision to proceed with a disciplinary hearing should be solely based on the evidence secured during the investigatory stage but should not be taken by the person who conducted the investigation. The decision as to whether a case should proceed to a formal stage or whether no further action should be taken should be made by the Disciplining Officer within 10 working days of receiving the investigative report.
The Disciplinary Hearing. Committee shall give the person or company making the appeal a written notice stating the date, time, and place of the appeal hearing. The person or company that requested the appeal and the Committee is entitled to offer evidence and argument on its behalf. The Committee shall hold a hearing and render a decision no later than fifteen (15) working days from receipt of the written notice of appeal. The decision of the Committee shall be final, unless a Final Appeal is made pursuant to subsection 8, below.
The Disciplinary Hearing. 6.1 A decision to proceed with a disciplinary hearing should be solely based on the evidence secured during the investigatory stage but should not be taken by the person who conducted the investigation. The decision as to whether a case should proceed to a formal stage, be addressed as a management discussion or whether no further action should be taken, should be made by the Disciplining Officer within 10 working days of receipt of the investigative report.
6.2 Once a decision has been taken to proceed to a disciplinary hearing, the employee should be informed in writing. The letter calling the employee to the meeting should contain the following:
a) the fact that the hearing is being held in accordance with LNCT/22;
b) the date, location and time of the hearing;
c) the allegations regarding attendance, work conduct or performance of the employee – where this matter has been previously dealt with under LNCT 34;
d) a clear invitation to the employee to be accompanied by a trade union representative or work colleague; and
e) copies of the evidence that will be used during any disciplinary hearing, including any written evidence and the names of any witnesses who will be called.
6.3 The letter should be issued sufficiently far in advance to allow the employee the opportunity to be accompanied by an appropriate trade union representative or work colleague and, in any event, shall be issued not less than 15 working days prior to the disciplinary hearing unless otherwise agreed by all parties.
6.4 The employee is to be provided with any evidence that will be used during the disciplinary hearing, including any written evidence and the names of any witnesses who will be called. The employee should also provide the employer with all documentation that will be used in their defence no later than 5 working days before any hearing. This documentation should be directly related to the investigation in question.
6.5 In cases of potential long running underperformance the employee must provide the employer with all documentation that will be used in their defence no later than 5 working days before any hearing in line with Section 9.6 of LNCT 34
6.6 A disciplinary hearing should take place in a location suitable for the purpose. Proceedings should be uninterrupted and provision made for note taking.
6.7 The Disciplining Officer should be accompanied by a nominated supporting officer or HR Business Partner/Senior HR Officer at any hearing. A notetaker may also be present...
The Disciplinary Hearing. 11. The hearing will normally be conducted by a disciplinary panel consisting of two Board members. The employee will be entitled to give any explanation he or she wishes, and may be questioned by the members of the panel.
The Disciplinary Hearing. 16. The hearing will be conducted by the Disciplinary Panel consisting of three Governors. The Investigating Governor will not be a member of the Panel, but will be asked to present the supporting facts and material. The Head or his representative, and members of the Panel will be entitled to question the Investigating Governor and any witnesses who may attend at the hearing to give their account of the matter. The Head will be entitled to give any explanation he wishes, and may be questioned by the Investigating Governor as well as by members of the Disciplinary Panel. The Investigating Governor, as well as the Head or his representative will be given the opportunity to address the Panel.
The Disciplinary Hearing. 6.1 A hearing cannot be chaired by the person who conducted the investigation or has been involved in the teacher’s long running underperformance.
