DUE PROCESS FOR DISCIPLINE Sample Clauses

The Due Process for Discipline clause establishes the procedures and safeguards that must be followed when disciplining an individual, typically within an organization or employment context. It usually outlines steps such as providing notice of the alleged misconduct, an opportunity for the individual to respond or defend themselves, and a fair hearing or review process before any disciplinary action is finalized. This clause ensures that disciplinary actions are conducted fairly and transparently, protecting individuals from arbitrary or unjust treatment and reducing the risk of legal disputes.
DUE PROCESS FOR DISCIPLINE. 20.1 This Article provides due process for disciplinary actions outlined below. It does not affect other personnel actions which may be governed by the Education Code. 20.2 The District may discipline a unit member only for just cause. Discipline shall include warnings, reprimands, or suspension without pay for no more than fifteen (15) working days. 20.2.1 The District shall apply the following just cause guidelines when taking disciplinary action against a unit member: A. The employee should be informed of the reasons for disciplinary action and the consequences of his/her conduct. B. Contract provisions, District policies and regulations, Education code, and state and federal laws shall be the basis for disciplinary action. C. An investigation has been conducted which justifies the need for disciplinary action. D. Disciplinary action should be reasonably related to the nature of the offense. 20.3 All information and/or proceedings regarding any actions or proposed actions under this Article shall be kept confidential by the parties except to the extent allowed by law. 20.4 No unit member shall receive more than one (1) penalty under this Article for any single action or infraction.
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DUE PROCESS FOR DISCIPLINE. 27.1 This Article provides due process for disciplinary actions outlined below. It does not affect other personnel actions (e.g. evaluation, employee termination) which may be governed by the Education Code or other statutes nor shall it apply to the non-reelection/retention of probationary employees. 27.2 The employee may request the presence of an Association representative at any meeting scheduled by an administrator where disciplinary action is anticipated. 27.3 The disciplinary action must be based upon just cause and according to the principles of progressive discipline. The steps listed below shall be followed in the progressive discipline process. However, steps may be skipped if the severity or nature of the offense justifies. All disciplinary action will include a plan to assist the employee to rectify the area(s) of concern. a. Oral Warning Oral warnings shall be the first step in all discipline procedures (except as noted above). No written record shall be placed in the employee’s personnel file.
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DUE PROCESS FOR DISCIPLINE. 1. This Article provides due process for the disciplinary actions outlined below. It does not affect other personnel actions which may be governed by the Education Code or other procedures not specified. Furthermore, an evaluation that contains suggestions to enhance teaching performance or that notes teaching deficiencies shall not be considered discipline. 2. Disciplinary action is limited in this Article to suspensions with or without pay. Any suspension shall be limited to a maximum of twelve (12) work days. A. The disciplinary action must also be substantiated and based upon just cause. The disciplinary action must also be according to the principles of progressive discipline. However, the District shall have the right to skip any step of progressive discipline in the event the unit member has committed a serious offense. The District shall apply the following just cause guideline when taking disciplinary action against a unit member. i. The employee should be informed of the reasons for disciplinary action. ii. Contract provisions, District policies and regulations, Education Code, and state and federal laws shall be the basis for disciplinary action. iii. An investigation has been conducted which justifies the need for disciplinary action, and the unit member shall be informed of the consequences of his/her conduct. iv. In all cases, any disciplinary action taken by the District shall be commensurate with the offense. 3. Discussions with unit members regarding disciplinary action shall be conducted in an appropriately private setting apart from individuals not directly involved in the issues. Unit members shall have the right to be accompanied by an Association representative at any investigative meeting where the results of the meeting may lead to disciplinary action. If a unit member requests association representation pursuant to this provision, representation will be granted. This right is not applicable to Evaluation meetings held pursuant to Article 14 of this Agreement. If a unit member has a right to, and requests, representation but none is provided, then refusal of the unit member to proceed with a meeting shall not be considered insubordination. All information and/or proceedings regarding any actions or proposed action under this Article shall be kept confidential by the parties except to the extent allowed by law. 4. Any proposed suspension of a bargaining unit member shall be preceded by written notice of the charges and the right to a...
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DUE PROCESS FOR DISCIPLINE 
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Related to DUE PROCESS FOR DISCIPLINE

  • Due Process ‌ 3.2.1 No employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions that would adversely affect the employee) without just and sufficient cause. 3.2.2 First of all, in the event a disciplinary action is to be taken, the employee shall be advised in writing of the right to representation under this provision of the Agreement prior to the action being taken. 3.2.3 Secondly, when a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given a reasonable period of time to arrange for such representation. 3.2.4 Thirdly, an employee shall be entitled to have present a representative of the Association during any disciplinary action or at any investigatory meeting that may lead to disciplinary action. 3.2.5 Further, the specific grounds forming the basis for disciplinary action will be made available to the employee and the Association in writing. 3.2.6 The District agrees to follow a policy of progressive discipline, so any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action, which normally includes the following: 3.2.6.1 verbal warning 3.2.6.2 written reprimand 3.2.6.3 with nonrenewal or discharge as a final and last resort. This section shall not prevent an arbitrator from viewing the appropriateness of any particular disciplinary action based on all the circumstances. 3.2.7 Any complaint made against an employee will be promptly called to the attention of the employee. When charges of misconduct are made against an employee by any parent, student, or other person which results in an investigation; the principal will give written notice of the allegations to the employee within fifteen (15) working days of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. When investigating such charges, the investigation materials and results will be maintained in the District files except in those instances when the employee is disciplined as a result of the investigation, then the letter of discipline will be placed in the personnel file. The employee will also be given written notice of the results of the investigation within fifteen (15) working days of completion of the investigation. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

  • Discipline Procedure 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

  • DISCIPLINE PROCEDURES The Employer agrees to provide the employee with written notification of a disciplinary document that is to be made a part of the employee’s personnel file. In instances where the Employer desires to conduct an investigatory interview with an employee, the employee shall be entitled upon request to have an Association representative present at the interview. A copy of all disciplinary actions involving suspension or discharge will also be provided to the Association, unless the employee requests that the matter be kept confidential.

  • Student Discipline a) CONTRACTOR shall maintain and abide by a written policy for student discipline that is consistent with state and federal law and regulations. Using forms developed by the California Department of Education or as otherwise mutually agreed upon by CONTRACTOR and ▇▇▇, CONTRACTOR shall provide LEA, on a monthly basis, a written report of all incidents in which a statutory offense is committed by any LEA student, regardless if it results in a disciplinary action of suspension or expulsion. This includes all statutory offenses as described in Education Codes 48900 and 48915. CONTRACTOR shall also include, in this monthly report, incidents resulting in the use of a behavioral restraint and/or seclusion even if they were not a result of a violation of Education Code Sections 48900 and 48915. b) When NPS CONTRACTOR seeks to remove a LEA student from his/her current educational placement for disciplinary reasons, CONTRACTOR shall immediately submit a written discipline report to the LEA. Written discipline reports shall include, but not be limited to: the LEA student’s name; the time, date, and description of the misconduct; the disciplinary action taken by CONTRACTOR; and the rationale for such disciplinary action. A copy of the LEA student’s behavior plan, if any, shall be submitted with the written discipline report. CONTRACTOR and ▇▇▇ agree to participate in a manifestation determination at an IEP/IFSP meeting no later than the tenth (10th) day of suspension. ▇▇▇ shall notify and invite CONTRACTOR representatives to the IEP/IFSP team meeting where the manifestation determination will be made.

  • Autism Services This plan covers the following services for the treatment of autism spectrum disorders. • Applied behavior analysis when provided and/or supervised by an individual licensed by the state in which the service is rendered. See the Summary of Medical Benefits for the amount that you pay. • Physical therapy, occupational therapy, and speech therapy services when rendered as part of the treatment of autism spectrum disorder. A benefit limit will not apply to these services. • Psychological and psychiatric services, and prescription drugs are also covered. See Behavioral Health Services and Prescription Drugs and Diabetic Equipment or Supplies for additional information. Coverage for autism spectrum disorders does not affect any obligation of a school district, a state or other governmental entity to provide services to an individual under an individualized family service plan, an individualized education program, or similar services required under state or federal law. Services related to autism that are furnished by school personnel are not covered under this plan.