Common use of DUE PROCESS/JUST CAUSE Clause in Contracts

DUE PROCESS/JUST CAUSE. A. No employee shall be disciplined without just and sufficient cause (See Appendix E). The specific grounds forming the basis for disciplinary action will be made available to the teacher and the Association in writing. B. No employee will be reprimanded publicly, or in the presence of students, or in a manner which is humiliating to the employee. C. The Board agrees to follow a policy of progressive discipline. Both parties agree that there are exceptional cases where progressive discipline may not apply. D. An employee shall be entitled to have a representative from the Association present when being formally reprimanded or disciplined. A “formal reprimand” shall be when an incident is reduced to writing and placed in the employee’s personnel file. When a request for such representation is made, no action shall be taken with respect to the employee until such representation is present. A request for an Association representative shall not be made to delay any disciplinary proceedings and shall not be used as such. Further, in the event a disciplinary action is to be taken, the employee shall be advised of the right to representation under this provision of the agreement prior to the action being taken. An employee has the right to have an individual representative from the Association and/or legal counsel present when formally being reprimanded, warned, disciplined or adversely affected or during the evaluation conference. All information forming the basis of any reprimand, warning, discipline or adverse effect shall be made available to the employee prior to any action being taken.

DUE PROCESS/JUST CAUSE. A. No employee shall be disciplined without just and sufficient cause (See Appendix EF). The specific grounds forming the basis for disciplinary action will be made available to the teacher and the Association in writing. B. No employee will be reprimanded publicly, or in the presence of students, or in a manner which is humiliating to the employee. C. The Board agrees to follow a policy of progressive discipline. Both parties agree that there are exceptional cases where progressive discipline may not apply. D. An employee shall be entitled to have a representative from the Association present when being formally reprimanded or disciplined. A “formal reprimand” shall be when an incident is reduced to writing and placed in the employee’s personnel file. When a request for such representation is made, no action shall be taken with respect to the employee until such representation is present. A request for an Association representative shall not be made to delay any disciplinary proceedings and shall not be used as such. Further, in the event a disciplinary action is to be taken, the employee shall be advised of the right to representation under this provision of the agreement prior to the action being taken. An employee has the right to have an individual representative from the Association and/or legal counsel present when formally being reprimanded, warned, disciplined or adversely affected or during the evaluation conference. All information forming the basis of any reprimand, warning, discipline or adverse effect shall be made available to the employee prior to any action being taken.