Common use of Disciplinary Action Clause in Contracts

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement 28.1 Tenure-track, temporary, categorical, emergency, core, and 40-day substitute teachers 28.1.1 Disciplinary action in the form of dismissal shall be in accordance with the appropriate provisions of the Education Code. 28.1.2 Teachers shall not be disciplined without just cause. . 28.1.3 The parties jointly recognize following just cause guidelines shall be recognized: 28.1.3.1 The teacher shall be adequately informed of the deterrent value consequences of his/her conduct. 28.1.3.2 The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District. 28.1.3.3 A fair and objective investigation should reveal the necessity for disciplinary action. Accordingly. 28.1.3.4 Rules, orders and penalties should be applied fairly and equitably. 28.1.3.5 Disciplinary action should be appropriate and reasonably related to the State will: (a) act promptly to impose discipline or corrective action within a reasonable time nature of the offense;. (b) apply 28.1.4 Progressive discipline or corrective action with shall be utilized except for conduct which is of such a view toward uniformity and consistency; (c) impose a procedure of nature that progressive discipline normally would not result in corrective conduct. 28.1.4.1 Initially the principal or progressive immediate supervisor shall discuss the teacher’s act(s) or omission(s) prior to issuing a verbal reprimand. 28.1.4.2 If a verbal reprimand does not result in corrective action;conduct, a written reprimand may be issued. (d) In misconduct cases, the order 28.1.4.3 The elements of progressive discipline shall be:be administered in a timely manner. 28.1.5 Prior to administering any formal discipline subsequent to the oral and/or written reprimands, a teacher shall be provided notice and an opportunity to be heard. Notice shall include a statement of the incident(s) or misconduct which form the basis for disciplinary action and a statement of the discipline to be imposed. Such notice shall be given within five (15) oral reprimand;working days of the decision to administer formal discipline. (2) written reprimand; (3) 28.1.6 If suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective pay is recommended as a disciplinary action it shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with preceded by at least two (2) weeks’ notice related written reprimands issued within a reasonable period of time of each other and recommended within a reasonable period of time after the second written reprimand is issued. Exceptions may occur where conduct is of such a nature that written reprimands normally would not result in corrective conduct. 28.1.7 Any initial suspension of a teacher pending a disciplinary hearing shall be with pay. 28.1.8 A teacher may be represented, upon request, at any disciplinary meeting or twohearing. 28.1.9 Prior to suspending a teacher without pay for more than two (2) weeks a hearing shall take place at the Assistant Superintendent level. 28.1.10 Disciplinary actions shall be administered in a fair and equitable manner. 28.1.11 In all cases where discipline is reduced to writing the teacher shall be permitted a reasonable amount of time to consult with his/her representative to receive assistance and advice in preparing a rebuttal or reply. 28.1.12 Grievances filed alleging violation of the above provision regarding discipline less than dismissal may be held at Step 2 of the Grievance Procedure.

Disciplinary Action. ‌ 1. No permanent The University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the case of an oral or limited status employee covered by written reprimand, such discipline shall not be subject to the formal process set forth in this agreement Article, but shall be disciplined without subject to less formal due process, and, in any event, all discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, the following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The ▇▇▇▇▇▇▇ shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the ▇▇▇▇▇▇▇’▇ office. 2. When the ▇▇▇▇▇▇▇ has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or written reprimand, the ▇▇▇▇▇▇▇ (or designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the ▇▇▇▇▇▇▇ believes disciplinary action is warranted, discipline may be imposed on a BUFM for just cause. The parties jointly recognize Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the deterrent value following types of discipline: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. In determining the level of disciplinary action. Accordinglyaction to impose in any given situation, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time University shall take into account the severity of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective , prior disciplinary action; (d) In misconduct cases, the order BUFM’s improvement since the last disciplinary action was taken, and the BUFM’s overall employment record. 3.1. With the exception of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) termination and suspension without pay; (4) dismissal. (e) , any discipline shall not affect a BUFM’s continuation of benefits. In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of cases where suspension without pay is thirty (30) days or more calendar days, members may make arrangements with the Office of Human Resources to three (3) monthspay their portion of medical insurance, extendable for a period life insurance, and other benefits, with the exception of up to six (6) monthsretirement. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate In cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissalwithout pay, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State retirement benefits shall not be required accrued or paid. 3.2. With the exception of termination or suspension without pay, any discipline shall not affect a BUFM’s continuation of base salary. 4. Prior to do so in any imposing disciplinary action, other than an oral or written reprimand, the Chair/Director, ▇▇▇▇, or the ▇▇▇▇▇▇▇ shall meet with the BUFM to discuss the charge(s) against the BUFM, and provide the BUFM with an opportunity to present a case. The VLRB may not impose demotion under this Articlefollowing procedures shall be followed: 4.1. The BUFM shall be given the opportunity to be accompanied by a BGSU-FA representative. 24.2. At least ten (10) business days prior to the meeting, the University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and the BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent not previously provided, within ten (10) business days of the meeting. Such statement shall be signed by the administrator imposing discipline and initialed by the ▇▇▇▇▇▇▇. 4.4. If discipline is imposed the University shall disclose those identities which can be released legally. 5. A BUFM who disagrees with the disciplinary action that has been imposed may seek recourse through the Grievance and Arbitration Procedure (Article 13); provided, however, if termination results in revocation of tenure, the BUFM may, prior to initiating the grievance process, appeal directly to the President. The appointing authority or authorized representativeappeal must be submitted within ten (10) business days of the imposition of termination, after complying with and the provisions President must respond within ten (10) business days of paragraph 4 of this Article, may dismiss an employee receiving the appeal. The timelines for just cause with two (2) weeks’ notice or twothe grievance process are tolled until the President’s response.

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State ODG will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the StateODG’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State ODG shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representativeDG, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the DG shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the DG, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever the DG contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hrs. to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within five work days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any subsequent evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interests of VSEA members. (a) If the employer tapes an investigative interview of an employee against whom disciplinary action is contemplated: (1) a duplicate tape will be promptly provided to the interviewee; (2) the employer tape will be the official transcript; (3) the interviewee or his/her representative may also tape the proceeding and will promptly provide a duplicate tape to the employer. (b) If the employer tapes a witness interview or other employee interview where disciplinary action is not contemplated against the interviewee, a duplicate tape will be promptly provided to the interviewee upon request. Paragraphs 7(a)2 and 3 above, will apply here as well. (c) If the employer does not tape an interview, no other taping will be permitted without the employer’s consent in any instance. 8. The DG may suspend an employee without pay for reasons for a period not to exceed thirty

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e5) In performance cases, the order of progressive corrective action shall be as follows: (1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4iv) dismissal. (f6) The parties agree that there are appropriate cases that may warrant the State: (1i) bypassing progressive discipline or corrective action; (2ii) applying discipline or corrective action in different degrees; (3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: (a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, (b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e5) In performance cases, the order of progressive corrective action shall be as follows: (1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4iv) dismissal. (f6) The parties agree that there are appropriate cases that may warrant the State: (1i) bypassing progressive discipline or corrective action; (2ii) applying discipline or corrective action in different degrees; (3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four (4) work days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: (a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, (b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or wellbeing or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.

Disciplinary Action. ‌ 1. No permanent The University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the case of an oral or limited status employee covered by written reprimand, such discipline shall not be subject to the formal process set forth in this agreement Article, but shall be disciplined without subject to less formal due process, and, in any event, all discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, the following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The ▇▇▇▇▇▇▇ shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the ▇▇▇▇▇▇▇’▇ office. 2. When the ▇▇▇▇▇▇▇ has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or written reprimand, the ▇▇▇▇▇▇▇ (or designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the ▇▇▇▇▇▇▇ believes disciplinary action is warranted, discipline may be imposed on a BUFM for just cause. The parties jointly recognize Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the deterrent value following types of discipline: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. In determining the level of disciplinary action. Accordinglyaction to impose in any given situation, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time University shall take into account the severity of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective , prior disciplinary action; (d) In misconduct cases, the order BUFM’s improvement since the last disciplinary action was taken, and the BUFM’s overall employment record. 3.1. With the exception of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) termination and suspension without pay; (4) dismissal. (e) , any discipline shall not affect a BUFM’s continuation of benefits. In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of cases where suspension without pay is thirty (30) days or more calendar days, members may make arrangements with the Office of Human Resources to three (3) monthspay their portion of medical insurance, extendable for a period life insurance, and other benefits, with the exception of up to six (6) monthsretirement. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate In cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissalwithout pay, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State retirement benefits shall not be required accrued or paid. 3.2. With the exception of termination or suspension without pay, any discipline shall not affect a BUFM’s continuation of base salary. 4. Prior to do so in any imposing disciplinary action, other than an oral or written reprimand, the Chair/Director, ▇▇▇▇, or the ▇▇▇▇▇▇▇ shall meet with the BUFM to discuss the charge(s) against the BUFM and provide the BUFM with an opportunity to present a case. The VLRB may not impose demotion under this Articlefollowing procedures shall be followed: 4.1. The BUFM shall be given the opportunity to be accompanied by a BGSU-FA representative. 24.2. At least ten (10) business days prior to the meeting, the University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and the BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent not previously provided, within ten (10) business days of the meeting. Such statement shall be signed by the administrator imposing discipline and initialed by the ▇▇▇▇▇▇▇. 4.4. If discipline is imposed the University shall disclose those identities which can be released legally. 5. A BUFM who disagrees with the disciplinary action that has been imposed may seek recourse through the Grievance and Arbitration Procedure (Article 13); provided, however, if termination results in revocation of tenure, the BUFM may, prior to initiating the grievance process, appeal directly to the President. The appointing authority or authorized representativeappeal must be submitted within ten (10) business days of the imposition of termination, after complying with and the provisions President must respond within ten (10) business days of paragraph 4 of this Article, may dismiss an employee receiving the appeal. The timelines for just cause with two (2) weeks’ notice or twothe grievance process are tolled until the President’s response. 1. Definitions‌

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement 30.1 Tenure-track, temporary, categorical, emergency, core and 40-day substitute teachers 30.1.1 Disciplinary action in the form of dismissal shall be in accordance with the appropriate provisions of the Education Code. 30.1.2 Teachers shall not be disciplined without just cause. . 30.1.3 The parties jointly recognize following just cause guidelines shall be recognized: 30.1.3.1 The teacher shall be adequately informed of the deterrent value consequences of his/her conduct. 30.1.3.2 The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District. 30.1.3.3 A fair and objective investigation should reveal the necessity for disciplinary action. Accordingly. 30.1.3.4 Rules, orders and penalties should be applied fairly and equitably. 30.1.3.5 Disciplinary action should be appropriate and reasonably related to the State will: (a) act promptly to impose discipline or corrective action within a reasonable time nature of the offense;. (b) apply 30.1.4 Progressive discipline or corrective action with shall be utilized except for conduct which is of such a view toward uniformity and consistency; (c) impose a procedure of nature that progressive discipline normally would not result in corrective conduct. 30.1.4.1 Initially the principal or progressive immediate supervisor shall discuss the teacher’s act(s) or omission(s) prior to issuing a verbal reprimand. 30.1.4.2 If a verbal reprimand does not result in corrective action;conduct, a written reprimand may be issued. (d) In misconduct cases, the order 30.1.4.3 The elements of progressive discipline shall be:be administered in a timely manner. 30.1.5 Prior to administering any formal discipline subsequent to the oral and/or written reprimands, a teacher shall be provided notice and an opportunity to be heard. Notice shall include a statement of the incident(s) or misconduct which form the basis for disciplinary action and a statement of the discipline to be imposed. Such notice shall be given within five (15) oral reprimand;working days of the decision to administer formal discipline. (2) written reprimand; (3) 30.1.6 If suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective pay is recommended as a disciplinary action it shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with preceded by at least two (2) weeks’ notice related written reprimands issued within a reasonable period of time of each other and recommended within a reasonable period of time after the second written reprimand is issued. Exceptions may occur where conduct is of such a nature that written reprimands normally would not result in corrective conduct. 30.1.7 Any initial suspension of a teacher pending a disciplinary hearing shall be with pay. 30.1.8 A teacher may be represented, upon request, at any disciplinary meeting or twohearing. 30.1.9 Prior to suspending a teacher without pay for more than two (2) weeks a hearing shall take place at the Assistant Superintendent level. 30.1.10 Disciplinary actions shall be administered in a fair and equitable manner. 30.1.11 In all cases where discipline is reduced to writing the teacher shall be permitted a reasonable amount of time to consult with his/her representative to receive assistance and advice in preparing a rebuttal or reply. 30.1.12 Grievances filed alleging violation of the above provision regarding discipline less than dismissal may be held at Step 2 of the Grievance Procedure.

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s Re personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twowo (2) -four

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e5) In performance cases, the order of progressive corrective action shall be as follows: (1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months;. (3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4iv) dismissal. (f6) The parties agree that there are appropriate cases that may warrant the State: (1i) bypassing progressive discipline or corrective action; (2ii) applying discipline or corrective action in different degrees; (3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: a. to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, b. if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Personnel. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed. 12. STATE POLICE LIEUTENANTS

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step IV before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hrs. to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. This does not apply to letters of supervisory feedback under Performance Evaluation Article. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non- participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: a). to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, b). if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Personnel. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. In any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e5) In performance cases, the order of progressive corrective action shall be as follows: (1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4iv) dismissal. (f6) The parties agree that there are appropriate cases that may warrant the State: (1i) bypassing progressive discipline or corrective action; (2ii) applying discipline or corrective action in different degrees; (3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: (a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, (b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or wellbeing or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.

Disciplinary Action. 1. No permanent The University and BGSU-FA agree that discipline for just cause, up to and including termination of a Bargaining Unit Faculty Member, may be necessary from time to time. In the case of an oral or limited status employee covered by written reprimand, such discipline shall not be subject to the formal process set forth in this agreement Article, but shall be disciplined without subject to less formal due process, and, in any event, all discipline shall be only for just cause and shall be subject to the Grievance and Arbitration procedures set forth in Article 13. In addition, the following shall apply with respect to all discipline or potential discipline: 1.1. Investigations shall be conducted and concluded in a timely manner. No investigation shall remain open indefinitely or continue beyond a reasonable duration necessary to secure evidence. 1.2. Allegations may be confidential or anonymous. However, no discipline may be imposed based solely upon confidential or anonymous allegations. 1.3. In the event evidence absolves the accused BUFM, the University shall make a written record of that determination. 1.4. The ▇▇▇▇▇▇▇ shall be the custodian of BUFMs’ personnel files, and such files shall be kept in the ▇▇▇▇▇▇▇’▇ office. 2. When the ▇▇▇▇▇▇▇ has reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or written reprimand, the ▇▇▇▇▇▇▇ (or designee) shall conduct an investigation pursuant to this Article. 3. If after such investigation the ▇▇▇▇▇▇▇ believes disciplinary action is warranted, discipline may be imposed on a BUFM for just cause. The parties jointly recognize Engaging in conduct that constitutes just cause for discipline may lead to disciplinary action, including, without limitation, the deterrent value following types of discipline: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. In determining the level of disciplinary action. Accordinglyaction to impose in any given situation, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time University shall take into account the severity of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective , prior disciplinary action; (d) In misconduct cases, the order BUFM’s improvement since the last disciplinary action was taken, and the BUFM’s overall employment record. 3.1. With the exception of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) termination and suspension without pay; (4) dismissal. (e) , any discipline shall not affect a BUFM’s continuation of benefits. In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of cases where suspension without pay is thirty (30) days or more calendar days, members may make arrangements with the Office of Human Resources to three (3) monthspay their portion of medical insurance, extendable for a period life insurance, and other benefits, with the exception of up to six (6) monthsretirement. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate In cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissalwithout pay, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State retirement benefits shall not be required accrued or paid. 3.2. With the exception of termination or suspension without pay, any discipline shall not affect a BUFM’s continuation of base salary. 4. Prior to do so in any imposing disciplinary action, other than an oral or written reprimand, the Chair/Director, ▇▇▇▇, or the ▇▇▇▇▇▇▇ shall meet with the BUFM to discuss the charge(s) against the BUFM and provide the BUFM with an opportunity to present a case. The VLRB may not impose demotion under this Articlefollowing procedures shall be followed: 4.1. The BUFM shall be given the opportunity to be accompanied by a BGSU-FA representative. 24.2. At least ten (10) business days prior to the meeting, the University shall notify both the BUFM and the BGSU-FA in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the BUFM and the BGSU-FA with electronic copies of documents or links to electronic documents which the University can release legally upon which the charges are based. However, all identities shall be redacted. 4.3. If the matter is not disposed of by mutual agreement at the meeting, the BUFM and the BGSU-FA shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent not previously provided, within ten (10) business days of the meeting. Such statement shall be signed by the administrator imposing discipline and initialed by the ▇▇▇▇▇▇▇. 4.4. If discipline is imposed the University shall disclose those identities which can be released legally. 5. A BUFM who disagrees with the disciplinary action that has been imposed may seek recourse through the Grievance and Arbitration Procedure (Article 13); provided, however, if termination results in revocation of tenure, the BUFM may, prior to initiating the grievance process, appeal directly to the President. The appointing authority or authorized representativeappeal must be submitted within ten (10) business days of the imposition of termination, after complying with and the provisions President must respond within ten (10) business days of paragraph 4 of this Article, may dismiss an employee receiving the appeal. The timelines for just cause with two (2) weeks’ notice or twothe grievance process are tolled until the President’s response. 1. Definitions

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step IV before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hrs. to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any subsequent evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non- participating observer if in its judgment the ramifications of such meetings are likely to impact on the interests of VSEA members. (a) If the employer tapes an investigative interview of an employee against whom disciplinary action is contemplated: (1) a duplicate tape will be promptly provided to the interviewee; (2) the employer tape will be the official transcript; (3) the interviewee or his/her representative may also tape the proceeding and will promptly provide a duplicate tape to the employer. (b) If the employer tapes a witness interview or other employee interview where disciplinary action is not contemplated against the interviewee, a duplicate tape will be promptly provided to the interviewee upon request. Paragraphs 7(a)2 and 3 above, will apply here as well. (c) If the employer does not tape an interview, no other taping will be permitted without the employer’s consent in any instance. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: a). to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, b). if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Personnel. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. In any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step IV before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or two (2) weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four (4) days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. This does not apply to letters of supervisory feedback under the Performance Evaluation Article. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. The notification requirement shall not apply if management is delivering a sealed letter containing a written reprimand or other written discipline, and management does not discuss the discipline at the time of delivery. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: (a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, (b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. At the request of the employee or the VSEA, DOC will provide a written explanation of the request for the extension or the progress of the investigation and anticipated date of completion. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. In any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.

Disciplinary Action. ‌ 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e5) In performance cases, the order of progressive corrective action shall be as follows: (1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4iv) dismissal. (f6) The parties agree that there are appropriate cases that may warrant the State: (1i) bypassing progressive discipline or corrective action; (2ii) applying discipline or corrective action in different degrees; (3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board. 3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons: (a) gross neglect of duty; (b) gross misconduct; (c) refusal to obey lawful and reasonable orders given by supervisors; (d) conviction of a felony; (e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care. 4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense. 5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty. 6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. 7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members. 8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays. 9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: (a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, (b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing. 10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline. 11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.‌

Disciplinary Action. ‌ 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four

Disciplinary Action. ‌ 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;. (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee ployee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two)

Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s employee personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority Stat hority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice weeks or two