Demotion or Dismissal Clause Samples

The Demotion or Dismissal clause outlines the conditions and procedures under which an employee may be demoted to a lower position or dismissed from employment. Typically, this clause specifies the types of conduct or performance issues that could lead to such actions, and may detail the steps the employer must follow, such as providing warnings or conducting investigations. Its core practical function is to establish clear guidelines for both employer and employee regarding the consequences of certain behaviors or performance failures, thereby reducing ambiguity and helping to manage workplace discipline fairly.
Demotion or Dismissal. Demotion or dismissal will be used when an employee's conduct does not meet District standards after other progressive discipline procedures have been utilized. However, the District may demote or dismiss an employee without first suspending the employee for similar conduct.
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Demotion or Dismissal. An oral warning, written warning and/or suspension shall include a Corrective Action Plan, which establishes certain standards of performance, a schedule for improving employee’s performance, and follow-up review. In the case of a work performance issue that has become a discipline issue in accordance with Article 57, a Corrective Action Plan may incorporate unmet objectives of any work performance plans prepared in accordance with Article 57. The parties support the principles of progressive discipline. However, the above stated disciplinary steps may not be appropriate for all offenses or infractions and need not be applied in sequence depending on the severity of the offense or infraction involved. The following are examples of the kind of conduct or actions that constitute just cause for suspension, demotion or dismissal depending on the severity of the offense or infraction: a. Political or partisan activity as described in the Political and Partisan Activity Article of this Agreement and either the Legislature’s Personnel Policies and Guidelines for Legislative Council Employees or, for Committee Clerks, the Personnel Policies and Guidelines for Legislative Committee Clerks (hereinafter referred to collectively as the “Personnel Handbook”); b. Breach of the rules of legislative confidentiality as described in the Personnel Handbook; c. Insubordination constituting a serious breach of discipline; d. Personal conduct that impairs the employee’s work performance or brings serious discredit to the Legislature or, for Legislative Council employees, the nonpartisan nature of the work; e. Use of the employee’s position for personal advantage;
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Demotion or Dismissal. 1798 Demotion or dismissal will be used when a unit member’s conduct does not 1799 meet District standards after other progressive discipline procedures have 1800 been utilized. However, the District may demote or dismiss a unit member
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Demotion or Dismissal in the event the unit member’s behavior continues for the same or substantially related cause, demotion or dismissal will result.
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Demotion or Dismissal. I. 1f a hearing is requested, it shall be conducted by an impartial third-party hearing officer. The hearing officer shall be mutually selected by the District and the Union from an agreed upon list. II. The hearing shall be held within a reasonable period of time but not before five (5) working days after the filing of the request for a hearing.
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Demotion or Dismissal. For any of the causes enumerated in Section 1 of this Article, the Superintendent of Public Education may recommend to the Board of Education that a permanent employee be demoted or dismissed. The Superintendent of Public Education, when recommending such demotion or dismissal, shall file a written accusation with the Board of Education. The written accusation will be sufficiently definite to enable the accused unit member to prepare a defense on the merits of the case. The Board of Education shall receive the recommendation of the Superintendent of Public Education or designee and shall either: A. Approve the recommendation, directing the unit member be notified that the unit member shall be demoted or dismissed from the employ of the district unless the unit member requests a hearing within five (5) work days after receipt of the written accusation or, B Disapprove the recommendation, in which event the unit member shall be continued as an unit member of the district, without prejudice as to the recommendation of the Superintendent of Public Education to dismiss the unit member.
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Related to Demotion or 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.

  • Demotion A demotion shall mean the transfer of an employee to a lower level position of less responsibility as well as salary.

  • Dismissal for Cause The following procedures shall apply in all cases of dismissal for cause: 19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports. 19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires. 19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇. 19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process. 19.3.5 At the end of the notice period, the ▇▇▇▇ shall either: (a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR (b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed. 19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding. 19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration. 19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association. 19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.

  • Voluntary Demotion An employee requesting a voluntary demotion from a higher-rated position and who is subsequently demoted to the lower-rated position, shall be paid on the increment step appropriate to the employee’s continuous service with the Employer. A voluntary demotion shall not change an employee’s anniversary date.

  • 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.