UNIT MEMBER DISCIPLINE. 22.1 The District shall have the right to suspend individual unit members without pay for up to fifteen days per year for just cause.
22.2 Concepts of “progressive discipline” and “disparate treatment” shall be generally applicable.
22.3 In imposing suspension, the District will not take into account any prior acts or omissions which occur more than four years preceding the date of the statement of charges giving rise to the suspension.
22.4 The District shall notify the affected unit member and the Association of any contemplated suspension. The notice shall contain a specific statement of the charge(s) and a statement of the act(s) and omission(s) upon which the charge(s) is based. The notice of suspension shall be issued no later than forty-five calendar days (excluding the period between May 15th and September 15th, pursuant to California Education Code Section 44936) following the last act or omission by the unit member contained in the notice which resulted in the statement of charges. The suspension shall be implemented in accordance with the timeline prescribed by the district in the notice, subject to Section 22.5 below.
22.5 Any suspension of a unit member shall be preceded by written notice of the right to appeal said action by filing a grievance as provided in Article 10 of this Agreement. Any dispute arising out of this Article may be submitted to final and binding arbitration pursuant to Article 10 of this Agreement, provided the unit member files a written appeal with the District Personnel Office within ten working days from the date of service of the Statement of Charges. Any proposed suspension against the unit member under this Article shall be stayed until the arbitrator’s decision is rendered, unless any of the causes for suspension under Education Code Section 44939 exist, or the unit member’s immediate suspension is deemed appropriate by the District for the Safety and welfare of students and/or staff.
22.6 Suspension without pay under this Section shall not be regarded as a precondition for any other form of disciplinary action against a unit member not prohibited by law, including but not limited to, dismissal and notice of non-reelection.
22.7 Suspension without pay under this Article shall not reduce or deprive the unit member of available health benefits.
UNIT MEMBER DISCIPLINE. 22.1 The District shall have the right to suspend individual unit members without pay for up to fifteen days per year for just cause.
22.2 Concepts of “progressive discipline” and “disparate treatment” shall be generally applicable.
22.3 In imposing suspension, the District will not take into account any prior acts or omissions which occur more than four years preceding the date of the statement of charges giving rise to the suspension.
22.4 The District shall notify the affected unit member and the Association of any contemplated suspension. The notice shall contain a specific statement of the charge(s) and a statement of the act(s) and omission(s) upon which the charge(s) is based. The notice of suspension shall be issued no later than forty-five calendar days (excluding the period between May 15th and September 15th, pursuant to California Education Code Section 44936) following the last act or omission by the unit member contained in the notice which resulted in the statement of charges. The suspension shall be implemented in accordance with the timeline prescribed by the district in the notice, subject to Section
22.5 below.
UNIT MEMBER DISCIPLINE. A. No unit member may be subject to discipline except for just cause.
B. Disciplinary action is defined as any verbal or written reprimand, written warning, and suspension without pay. After five (5) years, any discipline document in the member’s personnel file shall be removed to the Superintendent’s file. However, if any subsequent discipline occurs, the five-year period restarts on the date of the subsequent discipline. Discipline shall generally be progressive in nature, in accordance with the procedures set forth below, unless (1) the welfare of students, other district employees, and/or the district are adversely affected, and (2) depending upon the seriousness of the offense. 1st offense - Verbal reprimand 2nd offense - Written reprimand 3rd offense - Written reprimand and suspension without pay up to 3 days 4th offense - Suspension without pay (5 day maximum); counseling or other assistance shall be required in connection with any suspension All disciplinary actions and related matters shall be conducted in private, and kept confidential to the extent permitted by law.
1) The administration or Board shall not take action against a unit member in the form of reprimand or discipline related to personal activities unless such unit member's action is determined to conflict with performance of contract duties, or violates Board policies or the Licensure Code of Professional Conduct for Ohio Educators. Said action shall be given in writing to the unit member and shall be in keeping with Item B above.
2) The involved unit member shall be granted a conference and/or a hearing upon written request, with the Superintendent.
3) If disciplinary action is determined to be unjust or without cause, the Board will reinstate the unit member with back pay and benefits if pay and benefits were lost.
4) All disciplinary action is subject to the grievance procedure.
UNIT MEMBER DISCIPLINE. 14.1 The Employer reserves the right to take disciplinary action against any unit member for just cause. The Employer shall first issue a verbal counseling warning before imposing further discipline unless the Employer determines the offense to be serious. Verbal counseling/warning will result in a written summary memorandum.
14.2 Prior to imposing disciplinary action more extensive than an informal written reprimand, the unit member shall be provided with a written notice of the proposed disciplinary action, the basis for the disciplinary action, copies of all documents or evidence supporting the proposed disciplinary action, and shall be advised of the right to a hearing if the proposed action is termination, the right to be represented and the right to present evidence concerning the proposed discipline.
14.3 Unit members may be terminated from employment in accordance with provisions of the California Education Code Section 44932.
14.4 Nothing in this Article shall be construed to limit the rights of the Employer as set forth in the California State Education Code and this agreement.
UNIT MEMBER DISCIPLINE. In situations where the District believes it has cause under the tenure statutes, (tie., for the same reasons) to discipline a tenured unit member, and the penalty sought is limited to a suspension without pay for a period not to exceed two (2) school days, the following procedure will apply:
A. The District shall present the member with a written statement of the charge giving rise to the perceived need for disciplinary action. A copy will also be sent to the Association President.
UNIT MEMBER DISCIPLINE. The continued employment of any permanent unit member is contingent upon proper performance of assigned duties and personal fitness. The district will administer discipline progressively whenever possible.
UNIT MEMBER DISCIPLINE. A. The District will provide unit members with timely due process rights during disciplinary actions. Disciplinary action may include letters of warning, letters of reprimand, suspension, demotion, dismissal, or voluntary resignation in lieu of termination. No unit member shall be disciplined without cause.
B. For School Police unit members, all disciplinary conferences and investigations shall be in accordance with the Peace Officers Bill of Rights Act (Government Code Section 3300 et. seq.). When, in the judgement of the District the primary purpose of the initial conference/investigation is to impose, or to recommend the imposition of discipline against the unit member, the unit member shall first be entitled to receive written notice of said purpose and of their rights to representation at least twenty-four (24) hours in advance of convening the conference. This shall not apply to suspensions resulting from charges or arrests for criminal acts for which suspension is mandated under the law.
C. If a unit member wishes to contest the issuance of a letter of reprimand, they may request review of the matter by the Superintendent’s designee. The request for review must be made in writing to the Superintendent’s designee within ten (10) work days following either personal service or service by mail of the letter of reprimand.
D. Within ten (10) workdays of receipt of the appeal, the Superintendent’s designee will meet with the unit member and/or AASD to discuss the letter of reprimand. The Superintendent’s designee will render a written decision as to whether or not the letter of reprimand is appropriate within ten (10) work days following the meeting. The decision of the Superintendent’s designee is not subject to the grievance procedure.
E. This Section 5 is not subject to the grievance procedure, with the exception of the appeal process and timelines set forth in Section 5.B, 5.C and 5.D above.
UNIT MEMBER DISCIPLINE. 20.1 As used herein, “disciplinary action” shall mean suspension with or without pay, demotion, or dismissal for just cause.
20.2 Each of the following constitutes cause for disciplinary action against a permanent status classified unit member.
20.2.1 Falsifying any information supplied to the Superintendent of Schools including, but not limited to, information supplied on application forms, employment records, or any other Superintendent of Schools records.
20.2.2 Failure of inability to perform duties and responsibilities assigned to a unit member’s position.
UNIT MEMBER DISCIPLINE. 27.1 Disciplinary action in the form of dismissal shall be in accordance with the appropriate provisions of the Education Code. Discipline for less than dismissal shall be for "just cause" imposed in accordance with the following procedures.
27.2 Certificated employees may be disciplined only for "just cause" resulting from violations of the Education Code, breach of contract, violations of other laws or regulations, or for violations of board policies and administrative regulations.
27.2.1 The need to review footage of any security camera where employee discipline may arise must be triggered by an incident report.
27.3 The formal discipline procedures set forth in 27.3.3 of this Article generally will be used only if the District has progressed through either "Step 1 -- Discipline -- Verbal or Written Warnings" or "Step 2 -- Discipline -- Written Reprimands", except for conduct which is of such a nature that it injures or threatens to injure the safety of pupils, employees, or others, or causes substantial disruption to the educational program, or as otherwise required or provided by law. Immediate suspension with or without pay may be utilized by the District for those reasons specified in the Education Code.
UNIT MEMBER DISCIPLINE. 23.1 A unit member may be disciplined only for just cause. Discipline shall include warnings, reprimands, or suspensions.
23.2 Progressive discipline shall be applied using the following procedures:
