Compulsory Dismissal Clause Samples

The Compulsory Dismissal clause establishes the conditions under which an employee must be terminated from their position, typically due to specific breaches of conduct or legal requirements. This clause outlines the mandatory grounds for dismissal, such as criminal activity, gross misconduct, or failure to meet essential job qualifications, and may specify the procedures to be followed in such cases. Its core practical function is to ensure that the employer has a clear, enforceable mechanism for removing employees who are no longer fit for their roles, thereby protecting the organization from potential harm or liability.
Compulsory Dismissal. The district shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance offense as defined in Education Code 44011. However, the district may employ a person convicted of a controlled substance offense if the Board determines from the evidence it requires that the person has been rehabilitated for at least five years. If any such conviction is reversed and the person acquitted or charges dismissed except as otherwise provided below, the employee may be reemployed by the district, although reemployment is not a guarantee. (Education Code 45123) The district reserves the right to dismiss an employee for any acts upon which the original criminal charges were based, despite the disposition by the courts. If dismissal is recommended and upheld, an employee will not be reemployed or compensated for the time he/she was suspended unless otherwise required by law. An employee shall be given notice of the possibility of not being reimbursed during mandatory suspension if he/she is ultimately dismissed for the acts upon which the original charges were based.
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Compulsory Dismissal. The district shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education code 44010 or any controlled substance offense as defined in Education Code 44011. However, the district may employ a person convicted of a controlled substance offense if the Board determines from the evidence it requires that the person has been rehabilitated for at least five years. If any such conviction is reversed and the person acquitted for charges dismissed except as otherwise provided below, the district may reemploy the employee, although reemployment is not a guarantee (Education Code 45123).
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Compulsory Dismissal. The district shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance offense as defined in Education Code 44011. However, the district may employ a person convicted of a controlled substance offense if the Board determines from the evidence it requires that the person has been rehabilitated for at least five years. If any such conviction is reversed and the person acquitted or charges dismissed except as otherwise provided below, the employee may be reemployed by the district, although reemployment is not a guarantee. (Education Code 45123) The district reserves the right to dismiss an employee for any acts upon which the original criminal charges were based, despite the disposition by the courts. If dismissal is recommended and upheld, an employee will not be reemployed or compensated for the time he/she was suspended unless otherwise required by law. An employee shall be given notice of the possibility of not being reimbursed during mandatory suspension if he/she is ultimately dismissed for the acts upon which the original charges were based. Legal Reference: EDUCATION CODE 35161 Delegation of powers and duties 44009 Conviction of specified crimes 44010 Sex offense 44011 "Controlled substance offense" defined 44940 Leave of absence; employee charged with mandatory or optional leave of absence offense 44940.5 Compulsory leave of absence; procedures; extension; compensation; bond or security; reports 45101 Definitions (including "disciplinary action," "cause") 45109 Fixing of duties 45113 Rules and regulations for classified service in districts not incorporating the merit system 45123 Employment after conviction of sex or narcotics offense 45302 Demotion and removal from permanent classified service 45303 Additional cause for suspension or dismissal of employees in classified service 45304 Suspension for reasonable cause; filing of charges; employee charged with mandatory or optional leave of absence offense VEHICLE CODE
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Compulsory Dismissal. The district shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance offense as defined in Education Code 44011.
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Compulsory Dismissal. The District shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance offense as defined in Education Code 44011. If any such conviction is reversed and the person acquitted or charges dismissed except as otherwise provided below, the employee may be reemployed by the District, although reemployment is not guaranteed. 12.11.1 The District reserves the right to dismiss an employee for any acts upon which the original criminal charges were based, despite the disposition by the courts. If dismissal is recommended and upheld, an employee will not be reemployed or compensated for the time he/she was suspended unless otherwise required by law. An employee shall be given notice of the possibility of not being reimbursed during mandatory suspension if he/she is ultimately dismissed for the acts upon which the original charges were based. 12.11.2 The Board may extend an employee's compulsory leave of absence by giving him/her notice, within ten (10) days after the entry of judgment in the court proceedings, that he/she will be dismissed in twenty (20) days unless he/she demands a hearing. Employee compensation during the period of compulsory leave shall be made in accordance with law.
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Compulsory Dismissal. 20.9.1 The DISTRICT shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance as defined in Education Code 44011. If, however, any such conviction is reversed and the person acquitted or charges are dismissed, except as otherwise provided below, the employee may be employed by the DISTRICT, although reemployment is not guaranteed (Education Code 45123). 20.9.2 The DISTRICT reserves the right to dismiss any employee for any acts upon which the original criminal charges were based, despite the disposition by the courts. If dismissal is recommended by the Board and upheld, an employee will not be reemployed nor compensated for the time they were suspended unless otherwise required by law. An employee shall be given notice of the possibility of not being reimbursed during mandatory suspension if they are ultimately dismissed for the acts upon which the original charges were based.
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Compulsory Dismissal. 18 The district shall not employ or retain in employment any person who has been convicted of
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Compulsory Dismissal. The District shall not employ or retain in employment 43 any person who has been convicted of any sex offense as defined in Education 44 Code §44010 or any controlled substance offense as defined in Education Code 45 §44011. However, the District may employ a person convicted of a controlled 46 substance offense if the Board determines from the evidence it requires that the 47 person has been rehabilitated for at least five (5) years. If any such conviction is 48 reversed and the person acquitted or charges dismissed except as otherwise 49 provided below, the unit member may be reemployed by the District, although 50 reemployment is not a guarantee. (Education Code §45123) 1 17.11.1 The District reserves the right to dismiss an unit member for any acts upon which 2 the original criminal charges were based, despite the disposition by the courts. If 3 dismissal is recommended and upheld, a unit member will not be reemployed or 4 compensated for the time he/she was suspended unless otherwise required by
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Compulsory Dismissal. 14.14.1 Consistent with section 45123 of the Education Code, the District shall not employ any person convicted of any sex offense as defined in Section 44010 or a controlled substance offense as defined in Section 44011. 14.14.2 Should a conviction be reversed and the person acquitted of the offense section 45123 does not prohibit his or her employment. 14.14.3 The Governing Board may employ a person convicted of a controlled substance offense if it determines, from the evidence presented, that the person has been rehabilitated for at least five years.
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Related to Compulsory Dismissal

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Early Dismissal DTU representatives and/or elective officers shall be permitted to leave the work location at 4:15 p.m., if assigned to administrative buildings, and at the time students are dismissed, if assigned to a school center, in order to attend DTU meetings. Those leaving to attend such meetings must advise the administrator in charge reasonably in advance of such meetings.

  • Instant Dismissal Nothing in clauses 10.2, 10.3, 10.4 or 10.5 prevents instant dismissal without notice in the case of serious misconduct.

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing de novo.

  • Notification of Compromise or Potential Compromise The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS.