Common use of Due Process Clause in Contracts

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.

Due Process. ‌ 3.2.1 1. No certificated 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 2. The specific grounds forming the event a basis for official disciplinary action shall be made available to the employee in writing. If an employee is requested to be takengive information which the District understands may lead to disciplinary action against that employee, the District shall advise 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 representation. If a request for such representation is made, no action the interview shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given not take place for a reasonable period of time to arrange allow for such representationthe representative’s attendance. 3.2.4 Thirdly, 3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be entitled called to have present a representative the attention of the Association during any disciplinary action or at any investigatory meeting that employee within ten (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may lead to disciplinary action. 3.2.5 Further, the specific grounds forming the not be used as a basis for disciplinary action will be made available to against the employee and the Association in writingemployee. 3.2.6 4. The District agrees to follow a policy of progressive disciplinediscipline which generally includes verbal warning and written reprimand provided, so however, that any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action. (a) A verbal warning is an official verbal notification of employee misconduct. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file. (b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action. (c) Any suspension of a teacher pending charges shall be with pay until official action by the Board of Directors. 5. Subject to the other provisions of this Agreement, which normally includes any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the following: 3.2.6.1 verbal warning 3.2.6.2 written reprimand 3.2.6.3 matter heard by either a hearing officer in accordance with nonrenewal RCW 28A.405.310 or discharge as a final and last resort. This section shall not prevent an arbitrator from viewing in accordance with the appropriateness of any particular disciplinary action based on all the circumstancesgrievance procedure. 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.

Due Process. ‌ 3.2.1 No 1. An employee shall may not be disciplined (including warningswithout just cause. Progressive discipline steps include verbal reprimand, reprimandswritten reprimand, suspensions, reductions in rank, discharged, nonrenewed, terminatedsuspension without pay, 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 termination. 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 . Any disciplinary action taken against an employee shall will be appropriate to the behavior which precipitates said the action. Disciplinary steps may be skipped when appropriate, which normally includes depending on 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 resortnature of the issue. This section shall not prevent an arbitrator from viewing the appropriateness of any particular Any 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 occur within fifteen twenty (1520) working days of commencement the time that the supervisor should reasonably have known of the investigationalleged infraction. 2. Any investigation An employee will include an opportunity for be entitled to have present a representative of the Association during any meeting which the employee to respond to all allegations lodged against the employee. When investigating such charges, the investigation materials and results will be maintained believes could result in the District files except in those instances discipline or when the employee is disciplined believes the representative may be of assistance in problem solving. This would include any meeting where pre-disciplinary action such as a result warning or letter of expectation is being discussed. When a request for such representation is made, no action will be taken with respect to the employee until such representative of the investigation, then the letter of discipline Association is present. 3. It is agreed that all disciplinary matters pursuant to this Article will be placed subject to the Grievance Procedure contained in this Agreement except that, all discharge, probationary proceedings, and non-renewal of employees will be subject to appropriate statutes, provided that the personnel fileEmployer agrees to utilize a hearing officer in such discharge and non-renewal cases if the affected employee consents. SECTION L – NEW STAFF ORIENTATION‌ The employee will also be given written notice Board and the Association recognize the need to properly orient new staff members to the unique requirements of the results District; therefore, it is agreed that the Association may participate in planning the orientation 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 new staff. Under no circumstances will this section be interpreted and applied uniformly throughout to limit the DistrictEmployer’s right to control the agenda for the orientation of new staff members.

Due Process. ‌ 3.2.1 No Section 1. The Board and the Association expressly agree that the Board and the Administration shall have the right to discipline a tenured professional 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 for cause. 3.2.2 First of allSection 2. Disciplinary actions which the Board or Administration may take, in provided that cause exists, shall include, but shall not be limited to, verbal reprimand, written warning, written reprimand, suspension from employment duties with or without pay, demotion, unsatisfactory rating, dismissal for cause. Section 3. When an administrator schedules an investigatory or disciplinary meeting with a Bargaining Unit Member, the event a disciplinary action Bargaining Unit Member is to be taken, given notice as to the employee nature of specificity of any charge or investigation prior to attending any meeting with administration. The administrator shall also communicate to the Bargaining Unit Member that the Member has a right to have representation present at the meeting. Section 4. No tenured Bargaining Unit Member shall be advised dismissed unless the District Superintendent shall recommend dismissal and a two-thirds (2/3) majority of the Board shall vote for dismissal at a public meeting of the Board. Section 5. In determining whether cause exists for dismissal, that term shall specifically include just cause, or any conduct or action by a tenured Bargaining Unit Member which would lawfully provide a proper basis for dismissal pursuant to section 1122 of the Public School Code of 1949 and interpretations thereof by Pennsylvania Courts and/or the Secretary of Education. Section 6. In the event that the District Superintendent shall recommend to the Board that a tenured Bargaining Unit Member be dismissed, that recommendation and the reasons therefor shall be transmitted in writing to the Board President and the Bargaining Unit Member involved. Within ten (10) days after receipt by the Bargaining Unit Member involved of such recommendation, he/she shall elect in writing whether he/she elects to proceed under Sections 1121 through 1131 of the right to representation under this provision of the Agreement prior to the action being takenSchool Code or in accordance with ARTICLE 37. 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.

Due Process. ‌ 3.2.1 3.1.1 No classified employee shall be disciplined (including written warnings, reprimands, suspensions, reductions in rankrank or professional advantages, dischargeddischarges, nonrenewed, terminated, non- renewals) terminations or other actions that would adversely affect the employee) employee without just and sufficient cause. The specific grounds forming the basis for disciplinary action will be made available to the classified employee and the association in writing. 3.2.2 First of all, 3.1.2 Any classified employee given an adverse change in the event a disciplinary action is contract status due to be taken, the employee just cause shall be advised notified in writing of the right decision. Notification shall specify the grounds for just cause for such action. The association will be notified if discipline alters the conditions of employment. Notice shall be delivered to representation under this provision the employee personally or by certified or registered mail. 3.1.3 Classified employees shall be entitled to have present a representative of the Agreement prior to the action being taken. 3.2.3 SecondlyAssociation, when at no loss of pay, during a formal disciplinary action. 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 after three (3) working days following when information is provided to the employee and regarding the Association in writingimpending disciplinary action. In cases of serious offenses, the district may take immediate disciplinary action pending the results of further investigations. 3.2.6 The District agrees to follow a policy of progressive discipline, so any 3.1.4 Any disciplinary action taken against an classified 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 3.1.5 Any written complaint made against an classified employee will be promptly called to or person for whom the attention of the employee. When charges of misconduct are made against an employee is administratively responsible by any parent, student, or other person which results in an investigation; person, will be called to the principal will give written notice attention of the allegations to the employee within fifteen (15) three working days of commencement receipt of the investigationcomplaint. Any investigation will include an opportunity for written complaint not called to the attention of the employee to respond to all allegations lodged may not be used as a basis for any disciplinary action against the employee. When investigating such chargespossible, the investigation materials and results disciplinary actions will be maintained in the District files except in those instances when the held at a time that does not disrupt schools. Verbal complaints will not be grounds for any disciplinary action, unless an investigation determines there is a violation of district policy or state law. 3.1.6 When charges of misconduct against classified employee is disciplined as a result of the are found to be unsubstantiated after administrative 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 all related documents shall be interpreted destroyed to protect the employee’s reputation and applied uniformly throughout the Districtwork record.

Due Process. ‌ 3.2.1 A. No employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rankdischarges, discharged, nonrenewed, terminated, termination or other actions that would adversely affect the employee) , without just and sufficient cause. Such discipline shall be in private. In addition, the District agrees to follow, when appropriate, a policy of progressive discipline which may begin with a verbal warning, progress to a written reprimand, then to suspension with loss of pay and when required by the circumstances, include discharge or non-renewal. Depending on the severity of an employee’s conduct (which includes sexual misconduct with or physical abuse of a student), the District may skip steps in the progressive discipline model. The District will utilize Just Cause 7 Key Tests in determining action and procedure in discipline cases (See Appendix E). 3.2.2 First B. This provision shall specifically extend to all extended day and extended year employee contracts. C. When an administrator directs a member to attend a meeting/discussion/conversation with an administrator the topic of allthe discussion will be made known to the member at the time of the request/notification, in the event administrator will let the member know if the topic could lead to discipline, and a meeting time will be mutually decided. The meeting will be held within a reasonable timeframe. D. Prior to any meeting where an employee is formally questioned by a supervisor for the purpose of seeking information which may be used as the basis for disciplinary action is to be takensuch as a written reprimand, suspension, discharge or non-renewal, 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 that she/he 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 request and to have present a representative of the Association during as determined by the member, SEA President(s), and/or legal representative present at the meeting and any disciplinary action or at any investigatory meeting relating to such discipline. E. Complaints made against an employee that may lead to disciplinary action. 3.2.5 Further, the specific grounds forming the basis for disciplinary action discipline 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 employeeemployee within five (5) school days. When charges of misconduct are made against an employee by any parent, student, or other person which results in an investigation; Any complaint not called to the principal will give written notice attention of the allegations to employee may not be used as the employee within fifteen (15) working days of commencement of the investigation. Any investigation will include an opportunity basis for the employee to respond to all allegations lodged any disciplinary action against the employee. When investigating such charges, the investigation materials . F. Employees shall be entitled to full rights of citizenship and results will be maintained in the District files except in those instances when the employee is disciplined as a result no religious or political activities outside of the investigation, then classroom of any employee or the letter lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment 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 investigationsuch employee. 3.2.8 G. An employee has the right to have a representative from the Association as determined by the member, SEA president(s), and/or counsel present when formally being reprimanded, warned, disciplined or adversely affected. All rules and regulations governing employee activities and conduct information forming the basis of any reprimand, warning, discipline or adverse effect shall be interpreted and applied uniformly throughout made available to the Districtemployee.

Due Process. ‌ 3.2.1 No Section 1. The Board and the Association expressly agree that the Board and the Administration shall have the right to discipline a tenured professional 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 for cause. 3.2.2 First of allSection 2. Disciplinary actions which the Board or Administration may take, in provided that cause exists, shall include, but shall not be limited to, oral reprimand, written warning, written reprimand, suspension from employment duties with or without pay, demotion, unsatisfactory rating, dismissal for cause. Section 3. When an administrator schedules an investigatory or disciplinary meeting with a Bargaining Unit Member, the event a disciplinary action Bargaining Unit Member is to be taken, given notice as to the employee nature of specificity of any charge or investigation prior to attending any meeting with administration. The administrator shall also communicate to the Bargaining Unit Member that the Member has a right to have representation present at the meeting. Section 4. No tenured Bargaining Unit Member shall be advised dismissed unless the District Superintendent shall recommend dismissal and a two-thirds (2/3) majority of the Board shall vote for dismissal at a public meeting of the Board. Section 5. In determining whether cause exists for dismissal, that term shall specifically include just cause, or any conduct or action by a tenured Bargaining Unit Member which would lawfully provide a proper basis for dismissal pursuant to section 1122 of the Public School Code of 1949 and interpretations thereof by Pennsylvania Courts and/or the Secretary of Education. Section 6. In the event that the District Superintendent shall recommend to the Board that a tenured Bargaining Unit Member be dismissed, that recommendation and the reasons therefor shall be transmitted in writing to the Board President and the Bargaining Unit Member involved. Within ten (10) days after receipt by the Bargaining Unit Member involved of such recommendation, he/she shall elect in writing whether he/she elects to proceed under Sections 1121 through 1131 of the right to representation under this provision of the Agreement prior to the action being takenSchool Code or in accordance with Article 38. 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.

Due Process. ‌ 3.2.1 No 1. Disciplinary action may be imposed upon an employee only for just cause. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as outlined in Article 12. If the appointing authority has reason to discipline an employee, it shall be disciplined (including warningsdone in a manner that will not embarrass the employee before other employees or the public. Initial minor infractions, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminatedirregularities, 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 deficiencies 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 privately brought to the attention of the employee. When charges After a period of misconduct are made against one (1) year for a written reprimand and six (6) months for an oral reprimand, if the employee by has not committed any parentfurther infractions of appropriate rules and regulations, student, the written reprimand and written notations of oral reprimands shall be expunged from the employee’s personnel records. Each employee shall be furnished with a copy of all performance evaluations or other person which results disciplinary entry in her/his personnel record and shall be permitted to respond thereto. The contents of an investigation; the principal will give written notice of the allegations employee’s personnel record shall be disclosed to the employee within fifteen (15) working days employee’s union representative only with the written consent of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. Where appropriate, disciplinary action or measures shall include only the following: a. Oral Reprimand b. Written Reprimand c. Suspension d. Discharge e. Demotion where appropriate When investigating such chargesany disciplinary action is to be implemented, the investigation materials and results will be maintained in the District files except in those instances when Appointing Authority shall before such action is taken, notify the employee is disciplined as a result and the Union in writing of the investigationspecific reasons for such action. 2. If the Appointing Authority decides to demote, then suspend or terminate an employee, the letter of discipline will employee and Union President shall receive two (2) weeks’ notice in writing. In the event that circumstances warrant, the Appointing Authority shall not be placed in required to give the personnel fileemployee two (2) weeks’ notice for termination. 3. The Appointing Authority shall not discipline an employee will also without just cause. Within two (2) weeks of a suspension or discharge, the Union may file a grievance with the State Labor Relations Administrator as set forth in Article 12, and such hearing shall be given written notice of held no later than three (3) days after the results of the investigation within fifteen (15) working days of completion of the investigationUnion’s request. 3.2.8 All rules 4. In the event that an employee is dismissed, demoted or suspended under this Section, and regulations governing such employee activities appeals such action and conduct her/his appeal is sustained, they shall be interpreted restored to her/his former position and applied uniformly throughout compensated at her/his regular rate for any time lost during the Districtperiod of such dismissal, demotion or suspension. 5. An employee may be granted a demotion, upon request, when recommended by the Appointing Authority and approved by the Personnel Administrator. In this instance her/his current status shall be transferred to the lower class. 6. An Arbitrator shall be empowered to change the disciplinary action if they determine the action taken was not warranted under the circumstances.

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) affected without just and sufficient cause. 3.2.2 First of all, in . The specific grounds forming the event a basis for disciplinary action is at all stages beyond the verbal warning or verbal reprimand step will be made available to be takenthe employee and the Union in writing. If the employee or Union requests confirmation of or the background material on a verbal warning or reprimand, the supervisor shall provide the documentation. An employee shall be advised in writing entitled to have present a representative of the right Union during any meeting which might reasonably be expected to representation under this provision of the Agreement prior lead to the action being taken. 3.2.3 Secondly, when a request for such representation is made, no disciplinary action. No disciplinary action shall be taken with respect to the employee until such representative of the Association Union is present. Further, unless in the event the supervisor is calling a meeting to take a disciplinary action, the employee shall be advised that s/he is entitled to have a representative of the Union present. Normally discipline will be administered progressively, starting with a verbal warning, then progressing through a written reprimand, then suspension, and finally discharge. It is recognized that some offenses may be serious enough to warrant the abridgement of this progression and may result in immediate reprimand, suspension, or discharge without having gone through the previous step(s). Warnings and reprimands for other than serious offenses shall be removed from an employee’s personnel file one (1) year after their inclusion therein, provided satisfactory job performance has been given maintained. Written warnings and reprimands for serious offenses shall be removed from an employee’s personnel file three (3) years after their inclusion therein, provided satisfactory job performance has been maintained for three (3) consecutive years and there have been no subsequent serious offenses committed. Serious offenses shall include but not be limited to malicious damage or destruction of district property, gross insubordination, indecent conduct, theft, assault, falsification of records, and gross negligence. No evaluation, correspondence, or other material making reference to an employee’s or former employee’s competence, character, or manner shall be kept or placed in the DPF (district personnel file) without the employee’s knowledge and the right to attach his/her own written comments. Employees shall, upon request, have the right to inspect all contents of their DPF which shall be kept within the district Human Resources office. No secret, duplicate, alternate, or other personnel file shall be kept in the district. A separate file for the processed grievances shall be kept apart from the employee’s DPF. Upon request by the employee, the Executive Director of Human Resources and the employee shall initial all sheets, documents, evaluations, etc., if desired, and inventory to verify contents of the DPF at the time of inspection by said employee. Any material not shown to and signed by the employee within ten (10) workdays after receipt shall not be allowed as evidence in any disciplinary action against such employee. Any material not composed within a reasonable period of time shall not be allowed as evidence in any disciplinary action against such employee. As a general guideline, twenty (20) workdays shall be considered a reasonable period of time. Once composed, material must be shown to arrange and signed by the employee within ten (10) workdays after composition or it shall not be allowed as evidence in any disciplinary action against such employee. Should an individual refuse to sign any document, and written notice shall be attached to the document speaking to the employee’s refusal, with such notice forwarded to the Union, the individual, and the Executive Director of Human Resources. Nothing in this Agreement is to be construed to restrict the supervisor of an employee from keeping anecdotal records and supportive data for the process of annual evaluation. In such representation. 3.2.4 Thirdlycases where supportive data shall be used in disciplinary action, the individual shall be notified within ten (10) workdays of receipt or composition of said data. Anecdotal records, correspondence, or any other material which may reflect negatively on an employee shall be entitled to have present purged from a representative supervisor’s file (electronic or otherwise) within one year 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 being placed in the personnel file. The While an employee is under investigative suspension, salary and employee benefits 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 provided by the District. Should a charge(s) be substantiated, the employee may be disciplined or discharged for just cause and no salary or employee benefits will be paid after that date.

Due Process. ‌A. The employee who is accused of misconduct is entitled to these basic rights: 3.2.1 No 1. The right to be informed of the complaint or charges. 2. The right to be informed of the accusing parties unless prohibited by statute. 3. The right to present evidence in the employee’s own defense. 4. The right of assurance that the District will have good reason before imposing a disciplinary measure befitting the misconduct. 5. The right to private and confidential handling of any investigation or disciplinary action. B. Prior to any questioning by a supervisor, an employee shall suspected of misconduct will be disciplined advised of their right to have a representative of the Association present at all stages and in all proceedings (including warningscommonly referred to as ▇▇▇▇▇▇▇▇▇▇ Rights) in which the employee will be questioned, reprimandsinvestigated, suspensionsreprimanded, reductions in rank, discharged, nonrenewed, terminatedwarned, or other actions that would adversely affect the employee) without just and sufficient cause. 3.2.2 First disciplined for any infraction of all, rules or delinquency 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 professional performance. When a request for such representation is made, no action a meeting will be scheduled at a mutually agreed time not to exceed seventy-two (72) hours from the time of notification. C. In an attempt to resolve problems at the lowest level, principals shall encourage, when appropriate, parties making a complaint to discuss the issue(s) surrounding their complaint with the employee(s) involved. 1. Complaints shall be taken with respect called to the employee until such representative attention of the Association is presentemployee as soon as possible. 2. Anonymous complaints may not be used for discipline or in evaluation, unless substantiated by an investigation. D. Discipline will be administered progressively, starting with a verbal/written warning or direction, then progressing through a written reprimand, then suspension and finally discharge or nonrenewal. It is recognized that some offenses may be serious enough to warrant the abridgement of this progression. Suspension with pay will be invoked during an investigation if continued presence in the classroom is deemed undesirable. 1. Any evidence not documented shall not be allowed as evidence in any disciplinary action against said employee. 2. Any material not shown to and signed by the employee has been given within ten (10) days after receipt or composition shall not be allowed as evidence in any disciplinary action against said employee. Should an individual refuse to sign any document, a reasonable period written notice shall be attached to the document speaking to the employee’s refusal. A copy of time the notice will be forwarded immediately to arrange for such representationthe Association, the individual, and the Assistant Superintendent. 3.2.4 Thirdly, an E. Just cause for all disciplinary actions shall be extended to all employees within the bargaining unit regardless of employment status or assignment. No employee shall be entitled to have present a representative of the Association during any disciplinary action reprimanded, warned or at any investigatory meeting that may lead to disciplinary actiondisciplined without just and sufficient cause. 3.2.5 Further, the 1. The specific grounds ground forming the basis for just disciplinary action will be made available to the employee and the Association in writing, upon request. 3.2.6 2. The District agrees to follow a policy concept of progressive discipline, so any disciplinary action taken against an employee shall “just cause” requires that there be appropriate fundamental fairness in decisions related 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 discipline and discharge as a final and last resortof employees. 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 Arbitrators often turn to the attention seven tests of the employee. When charges of misconduct are made against an employee by any parentjust cause, 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 generally phrased 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.follows:

Due Process. ‌ 3.2.1 A. No employee shall will be disciplined (including warnings, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, defined as a written warning or other actions that would adversely affect the employeewritten reprimand) 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 . The grounds forming the basis for disciplinary action the discipline will be made available shared with the employee. Any employee may request that a copy of any written warning/reprimand be sent 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 Association. Discipline 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 circumstancesit. 3.2.7 Any complaint made B. An employee shall be entitled upon request to have Association representation during any disciplinary proceedings. An employee shall have the right to have Association representation present during investigatory interviews that could reasonably lead to discipline. Said Association representation shall be limited to two (2) except that with prior notification to the District the Association may add an additional representative. C. Complaints against an employee not called to his/her attention cannot be used as a basis for, or as evidence in, any disciplinary action. D. No disciplinary action more than three (3) years old shall be applied toward future disciplinary actions unless a similar offense was committed during the three (3) year period of time. If the same offense was not committed in said three (3) year period, any documents in the employee's personnel file related to the original disciplinary action shall be expunged and destroyed. E. If the District has cause to believe that an employee(s) (or the District) has violated a rule(s), bylaw(s), policy(ies) or procedure(s) of a governance authority (WESCO, WIAA, NWIAA), the District shall notify the Association President and the affected employee(s) of said conclusion. The findings will state what will be promptly called to shared with the attention of governing authority regarding 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 chargesalleged violation(s), the investigation materials rule(s), bylaw(s), policy(ies) or procedure(s) believed to have been violated and results will state the actions the District has already taken to remediate or address the alleged violation(s). F. The district shall review its conflict-of-interest policies and procedures with all new employees and coaches new to positions. This will be maintained in the District files except in those instances when the employee is disciplined as reviewed at 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 investigationrequired pre-season coaches meeting. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

Due Process. ‌ 3.2.1 No 1. Disciplinary action may be imposed upon an employee only for just cause. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as outlined in Article 12. If the appointing authority has reason to discipline an employee, it shall be disciplined (including warningsdone in a manner that will not embarrass the employee before other employees or the public. Initial minor infractions, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminatedirregularities, 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 deficiencies 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 privately brought to the attention of the employee. When charges After a period of misconduct are made against one (1) year, if the employee has not committed any further infractions of appropriate rules and regulations, written reprimand and written notations of oral reprimands shall be expunged from the employee’s personnel records. Each employee shall be furnished with a copy of all performance evaluations or disciplinary entry in their personnel record and shall be permitted to respond thereto. The contents of an employee by any parent, student, or other person which results in an investigation; the principal will give written notice of the allegations employee’s personnel record shall be disclosed to the employee within fifteen (15) working days employee’s union representative only with the written consent of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. Where appropriate, disciplinary action or measures shall include only the following: a. Oral Reprimand b. Written Reprimand c. Suspension d. Discharge e. Demotion where appropriate When investigating such chargesany disciplinary action is to be implemented, the investigation materials and results will be maintained in Appointing Authority shall before or at the District files except in those instances when time such action is taken, notify the employee is disciplined as a result and the Union in writing of the investigationspecific reasons for such action. 2. If the Appointing Authority decides to demote, then suspend or terminate an employee, the letter of discipline will employee and Union President shall receive two (2) weeks notice in writing. In the event that circumstances warrant, the Appointing Authority shall not be placed in required to give the personnel fileemployee two (2) weeks notice for termination. 3. The Appointing Authority shall not discipline an employee will also without just cause. Within two (2) weeks of a suspension or discharge, the Union may file a grievance with the State Labor Relations Administrator as set forth in Article 12, and such hearing shall be given written notice of held no later than three (3) days after the results of the investigation within fifteen (15) working days of completion of the investigationUnion’s request. 3.2.8 All rules 4. In the event that an employee is dismissed, demoted or suspended under this Section, and regulations governing such employee activities appeals such action and conduct their appeal is sustained, they shall be interpreted restored to their former position and applied uniformly throughout compensated at their regular rate for any time lost during the Districtperiod of such dismissal, demotion or suspension. 5. An employee may be granted a demotion, upon request, when recommended by the Appointing Authority and approved by the Personnel Administrator. In this instance their current status shall be transferred to the lower class. 6. An Arbitrator shall be empowered to change the disciplinary action if they determine the action taken was not warranted under the circumstances.

Due Process. ‌ 3.2.1 No employee (A) When charges are filed against a member, they shall be disciplined reviewed by the Judicial and Internal Affairs Committee (including warningsJIAC) and, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other if 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 are to be taken, the employee a hearing shall be advised scheduled. All members involved shall be given written advance notice of the date, time and location of any hearing to be held, together with a written copy of the allegations and an invitation to attend the hearing. (B) In such hearing, the JIAC will hear and review all evidence and, by a majority vote of those present, based on the preponderance of the evi- dence, shall determine the guilt or innocence of the affected member to each allegation in the charge. At the hearing, no member or charging party may be represented by any person who is a member of, representative of, or in any way connected with a competing organization. The hearing shall be conducted pursuant to rules established by the JIAC. (C) If the member is found guilty, the committee may recommend to the Board of Directors that the member be warned, fined, suspended from membership for a period certain, removed from office, or expelled from mem- bership permanently. No suspension, fine, removal from office, or expulsion from membership shall be effective until the Board of Directors concurs in the recommendation. (D) Where JIAC recommends to fine, suspend, remove or expel a member, JIAC shall present their recommendation in writing to the Board of the right to representation under this provision of the Agreement Directors no later than one (1) day prior to the action being takenBoard voting on JIAC’s recom- mendation and shall include at least the following separate items:‌‌ 1. A statement of charges; 2. A summary of the evidence; 3. A finding of fact; 4. The recommendation of a penalty. 3.2.3 Secondly(E) At the next meeting of the Board of Directors following any hear- ing, when a request for such representation is made, no action shall be taken with respect on the committee recommendation. A two-thirds (2/3) vote of the Board of Directors present shall be required to modify the recom- mendation of the committee. The member involved shall be permitted to attend such Board of Directors’ meeting and state his or her views, before both the Judicial and Internal Affairs Committee and the Board of Directors. (F) Appeal and due process procedures shall be provided to all interested parties when any matter pertaining to irregularities and/or disputes in the various Chapters, District Councils, or Assemblies is brought before the Judicial and Internal Affairs Committee. All interested parties shall be afforded the following procedural rights: (1) timely notice of hearing, (2) an opportunity to testify before the committee at the hearing, (3) the right to have representation, if desired, (4) the right to appeal, and (5) the right of the accused to choose either an open or closed hearing. (G) Should the Judicial and Internal Affairs Committee determine that dissolution of a Chapter, District Council or Assembly is imminent; the Committee may consider the internal irregularities and make a recommenda- tion to the employee until such representative Board of Directors relative to imposition of trusteeship without affording interested parties one or more of the Association is present, unless the employee has been given a reasonable period of time to arrange for such representationprocedural rights set forth above. 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.

Due Process. ‌ 3.2.1 No employee shall be disciplined (including written warnings, reprimands, suspensions, reductions in rankdischarges, dischargednon- renewals*, nonrenewed, terminated, terminations 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 cause (see Appendix F). The specific grounds forming the basis for disciplinary action will be made available to the employee and in writing. An employee has the right to have a representative from the Association and/or legal counsel present when formally being questioned in writing. 3.2.6 any meeting which may lead to discipline. *Non-renewal protection under "Just Cause" shall not be applicable to provisional employees. In cases where the health, safety and well-being of students, other employees or District patrons necessitates immediate safeguarding action, the District will place the affected employee on paid administrative leave pending a full and fair investigation and shall notify the Association within twenty-four (24) hours that action has been taken. The District Board agrees to follow a policy of progressive disciplinediscipline which includes a written warning, so any reprimand, suspension, with non-renewal or discharge as a final, last resort. Both parties agree that there are exceptional cases of gross misconduct where progressive discipline may not apply. 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; will be promptly called to the principal will give written notice attention of the allegations employee within twenty-four (24) hours of receipt of the complaint, unless the complaint involves criminal misconduct and has been filed with legal authorities. In all cases of complaints, the District must provide a copy of the complaint, or a summary if the complaint was not submitted in writing, to the employee within fifteen (15) working days of commencement of the investigation. Any investigation will include an opportunity for and provide the employee the opportunity to respond meet and to all address the complaint prior to the taking of any disciplinary action against the employee by the District. If, after investigating allegations lodged of misconduct by an employee, the District chooses not to reprimand, discipline, or take adverse action against the employee. When investigating such charges, the investigation materials and results employee will be maintained receive written notice to such effect, but no record will appear 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 an employee’s personnel file. The employee will also be given written notice of All documents in the results District’s possession regarding the allegation and proof of the investigation within fifteen (15) working days of completion of will be kept by the investigationDistrict in a confidential file separate from any employee personnel files, if the District chooses not to reprimand, discipline, or take adverse action. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

Due Process. ‌ 3.2.1 No (A) In the event the City intends to interview an employee shall alleged of misconduct that could result in a potential disciplinary action, the City will provide the employee and the Union at least forty-eight (48) hours written notice prior to the interview. The notice will include facts sufficient, including the alleged date, time and place of any complaint or allegation under investigation. Employee will be disciplined (including warningspermitted to have an Union representative and/or Union attorney present, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions such that would adversely affect attendance does not unreasonably delay the employee) without just and sufficient causescheduled interview. 3.2.2 First of all, in (B) Due process shall require the event a following: Before the City imposes disciplinary action is to be takenon an employee, the employee will be served with a written notice as follows: (1) The employee shall be advised in writing that disciplinary action is being considered; (2) The specific charges or performance deficiencies will be identified; and (3) The employee will be advised of their right to meet with the Supervisor and respond to the charges. (4) The employee is entitled to a Union representative and/or Union attorney of the employee's choice at this meeting. (5) A meeting shall be scheduled upon written request of the employee or the Union within ten (10) business days after receipt by the employee of the notice. Failure to request a meeting within such period shall constitute waiver of the right to representation under this provision of hearing. At 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 hearing the employee until such representative of shall have the Association is presentopportunity to present written and/or oral evidence, unless which may refute and/or mitigate the employee has been given a reasonable period of time to arrange reasons 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(6) After the above referenced meeting and any additional investigation (by the Supervisor as may be deemed appropriate based on the employee's response) has been completed, the specific grounds forming Supervisor shall provide the basis for disciplinary action employee with written notice of such decision. This written decision shall be provided within twenty (20) business days following completion of the meeting. (7) Nothing in this Article shall be construed to prevent or prohibit the City from discussing operational matters informally with employees. (C) If the supervisor's decision is to recommend discharge of the employee, the following procedure will apply: (1) The Supervisor shall present the facts and findings with recommendation to the Department Manager. The Department Manager will review the materials and concur or remand the Supervisor's recommendation. If the Department Manager concurs with the Supervisor's recommendation, it will be made available so noted and the materials will be sent to the employee and the Association in writingCity Manager. 3.2.6 (2) The District agrees to follow a policy of progressive discipline, so any disciplinary action taken against an employee shall be appropriate provided with written notice by the City Manager of the charges or reasons for separation. Said notice shall also inform the employee that they have the right to a hearing concerning the reasons for separation prior to the behavior which precipitates said action, which normally includes discharge becoming final. A copy of 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 notice will be provided to the appropriateness of any particular disciplinary action based on all the circumstancesUnion. 3.2.7 Any complaint made against an (3) If the employee will be promptly called desires a pre-dismissal hearing, they shall submit a written request for same to the attention City Manager within ten (10) business days after receipt of the separation notice. (4) The City Manager shall schedule a pre-dismissal hearing within ten (10) business days after receipt of the employee's written request. (5) The employee shall have the right to a Union representative at such hearing. (6) At the hearing, the employee or representative shall have the opportunity to present written or oral evidence, which may refute the reasons for separation. When charges of misconduct are A recording may be 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 hearing by mutual agreement of the parties. (7) Within ten (10) business days after the hearing, the City Manager shall provide the employee within fifteen (15) working days of commencement of with a written decision concerning 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 investigationseparation. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

Due Process. ‌5.2.3.1. Each evaluee or faculty member of an evaluation team or tenure committee has the right to file a Due Process Claim regarding the evaluation. A complaint may be filed if it states in writing the alleged fact of biased treatment or an alleged fact of a violation of established procedures. The grievance procedures of Article XVIII will apply when the complaint regards management. 3.2.1 No employee 5.2.3.2. A standing Due Process pool shall be disciplined comprised of the members of the United Faculty Steering Committee and the Grossmont and Cuyamaca Academic Senates’ committee for professional relations. 5.2.3.3. From the pool, a three (including warnings, reprimands, suspensions, reductions 3) member Due Process Panel shall be appointed by the President of the United Faculty to serve as a hearing body. The Due Process Panel shall exist to act as a hearing body in rank, discharged, nonrenewed, terminatedthe event that a faculty evaluee, or other actions that would adversely affect the employee) without just and sufficient causefaculty member of any evaluation team or tenure committee, alleges in writing a complaint in regard to 5.2.3.1. 3.2.2 First of all5.2.3.4. The Due Process Panel shall not be responsible for the substantive issues involving recommendations to grant or deny tenure, nor shall it be responsible, in the event a disciplinary action is to cases of regular and part-time faculty, for assigning the final overall summary evaluation score. 5.2.3.5. The Due Process complaint shall be takenfiled in writing on the appropriate form by the complainant with the appropriate college president or designee who shall, within five (5) working days, notify in writing United Faculty and, in the case of contract faculty, the employee Tenure Review Coordinator. 5.2.3.6. Due Process complaints involving contract faculty shall be advised in writing filed within ten (10) days of occurrence or before the end of the fourteenth (14) week of the fall semester of the academic year, or, in the cases of regular and part-time faculty, before the end of the fourteenth (14) week of the semester in which the evaluation is being conducted. If an untimely complaint is raised, the person filing the complaint must demonstrate why the alleged violation could not have been discovered in a timely manner. The Panel will then make the decision concerning this timeliness. 5.2.3.7. The President of the United Faculty shall direct the Panel to act on the complaint. The Panel shall be provided the written complaint submitted to the College President on the appropriate form. The Panel shall examine the complaint(s), meet with members of the evaluation team or committee and others deemed necessary, and confer with the faculty evaluee. The Panel shall not be required to conduct a "trial‑type" evidentiary hearing. Any person against whom allegations are made within the Due Process Procedure has a right to representation under this provision of examine the Agreement prior allegation and to the action being taken. 3.2.3 Secondlyrespond accordingly. The Due Process Panel shall, 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 seven (157) working days following the filing of commencement of a complaint, render its findings and recommendations in writing on the investigation. Any investigation will include an opportunity for prescribed form to the employee appropriate College President or designee with a copy 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 investigationUnited Faculty. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

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) affected without just and sufficient cause. 3.2.2 First of all, in . The specific grounds forming the event a basis for disciplinary action is at all stages beyond the verbal warning or verbal reprimand step will be made available to be takenthe employee and the Union in writing. If the employee or Union requests confirmation of or the background material on a verbal warning or reprimand, the supervisor shall provide the documentation. An employee shall be advised in writing entitled to have present a representative of the right Union during any meeting which might reasonably be expected to representation under this provision of the Agreement prior lead to the action being taken. 3.2.3 Secondly, when a request for such representation is made, no disciplinary action. No disciplinary action shall be taken with respect to the employee until such representative of the Association Union is present. Further, unless in the event the supervisor is calling a meeting to take a disciplinary action, the employee shall be advised that s/he is entitled to have a representative of the Union present. Normally discipline will be administered progressively, starting with a verbal warning, then progressing through a written reprimand, then suspension, and finally discharge. It is recognized that some offenses may be serious enough to warrant the abridgement of this progression and may result in immediate reprimand, suspension, or discharge without having gone through the previous step(s). Warnings and reprimands for other than serious offenses shall be removed from an employee’s personnel file one (1) year after their inclusion therein, provided satisfactory job performance has been given maintained. Written warnings and reprimands for serious offenses shall be removed from an employee’s personnel file three (3) years after their inclusion therein, provided satisfactory job performance has been maintained for three (3) consecutive years and there have been no subsequent serious offenses committed. Serious offenses shall include but not be limited to malicious damage or destruction of district property, gross insubordination, indecent conduct, theft, assault, falsification of records, and gross negligence. No evaluation, correspondence, or other material making reference to an employee’s or former employee’s competence, character, or manner shall be kept or placed in the DPF (district personnel file) without the employee’s knowledge and the right to attach his/her own written comments. Employees shall, upon request, have the right to inspect all contents of their DPF which shall be kept within the district Human Resources office. No secret, duplicate, alternate, or other personnel file shall be kept in the district. A separate file for the processed grievances shall be kept apart from the employee’s DPF. Upon request by the employee, the Executive Director of Human Resources and the employee shall initial all sheets, documents, evaluations, etc., if desired, and inventory to verify contents of the DPF at the time of inspection by said employee. Any material not shown to and signed by the employee within ten (10) workdays after receipt shall not be allowed as evidence in any disciplinary action against such employee. Any material not composed within a reasonable period of time shall not be allowed as evidence in any disciplinary action against such employee. As a general guideline, twenty (20) workdays shall be considered a reasonable period of time. Once composed, material must be shown to arrange and signed by the employee within ten (10) workdays after composition or it shall not be allowed as evidence in any disciplinary action against such employee. Should an individual refuse to sign any document, and written notice shall be attached to the document speaking to the employee’s refusal, with such notice forwarded to the Union, the individual, and the Executive Director of Human Resources. Nothing in this Agreement is to be construed to restrict the supervisor of an employee from keeping anecdotal records and supportive data for the process of annual evaluation. In such representation. 3.2.4 Thirdlycases where supportive data shall be used in disciplinary action, the individual shall be notified within ten (10) workdays of receipt or composition of said data. Anecdotal records, correspondence, or any other material which may reflect negatively on an employee shall be entitled to have present purged from a representative supervisor’s file (electronic or otherwise) within one year 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 being placed in the personnel file. The While an employee is under investigative suspension, salary and employee benefits 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 provided by the District. Should a charge(s) be substantiated, the employee may be disciplined or discharged for just cause and no salary or employee benefits will be paid after that date.

Due Process. ‌ 3.2.1 No An employee shall not be disciplined (including warningsfor arbitrary or capricious reasons, reprimandsat or away from work, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions that would adversely affect the employee) without but only for just and sufficient cause. 3.2.2 First of all, in the event a . Any 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 towards 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 Members will be made available to the employee and the Association discussed in writing. 3.2.6 private. The District agrees to follow a policy of progressive disciplinediscipline that shall begin with a verbal warning or oral reprimand, so any progress to a written reprimand, suspension with pay, suspension without pay, prior to discharge. In the event of serious misconduct, disciplinary action taken against an steps may be skipped. An employee shall not be disciplined without just cause. An employee shall be appropriate advised of the right 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 resortbe represented by Association representation prior to any disciplinary situation/action that may adversely affect their employment status. This section Disciplinary meetings shall not prevent an arbitrator from viewing occur without Association representation, unless the appropriateness of any particular employee explicitly states that they do not want representation. Meetings to discuss employee performance and evaluations are not disciplinary action based on all in nature. An employee has the circumstances. 3.2.7 Any complaint made against an employee will right to be promptly called to the attention informed of the employeecharges or complaints against them. When charges An employee has the right to question their accusers, or, in the case of misconduct are made minors, have these accusers questioned by appropriate witnesses or representatives of the District and Association. The employee has the right to view any District notes formed during questioning at the conclusion of the investigation. An employee has the right to present evidence in their defense. Complaints against an employee by any an administrator, district employee, parent, student, or other person which results in an investigation; will be called to the principal will give written notice attention of the allegations to the employee within fifteen four (154) working days, unless this causes a conflict with the investigation or the employee is not available. When informed of a complaint, the employee will be given the name(s) of the complainant(s), the specific complaint(s) and copies of any written documents provided to the District . Multiple complaints will not be used in a single disciplinary action unless the employee was notified of each individual complaint within each four (4) working day window. Mechanical or electronic devices will not be installed/utilized in the classroom/workstation to observe or place under surveillance any employee without their knowledge and consent, unless there is an investigation for a violation of the Code of Professional Conduct. Audio/video recordings that are student generated and could be subject to alterations will only be used in conjunction with substantiated evidence in any employee disciplinary action. The District will enact reasonable rules/expectations for students that regulate the use of cell phones and other electronic devices capable of audio or video recording of the classroom. Each site will develop a plan for cell phone use and electronic device storage prior to the end of the school year to be included in the subsequent faculty and student handbooks which will be available to all families on the District website by the first day of each school year. When a charge of misconduct against an employee is found to be without merit and/or disciplinary action does not occur Records associated with an investigation will be maintained and destroyed consistent with applicable laws and retention schedules. When issued a written letter of reprimand, an employee will be informed of the reasons for the reprimand and will be given at least ten (10) working days of commencement of the investigation. Any investigation will include an opportunity for the employee to both read and respond to all allegations lodged against the written letter prior to its inclusion in an 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 ’s personnel file. The employee Any letters of direction will also not be given written notice considered disciplinary. Letters of direction may come before a reprimand. See Section I: “Personnel Files” for additional details about viewing the results contents of the investigation within fifteen (15) a personnel file or “working days of completion of the investigationfile”. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

Due Process. ‌ 3.2.1 No employee shall be disciplined (including warningsdisciplined, reprimandswarned, suspensionsreprimanded, reductions suspended, reduced in rankrank or compensation, discharged, nonrenewednon-renewed, terminated, terminated or other actions that would adversely affect the employee) affected in any way without just and sufficient cause. 3.2.2 First of all, in . In the event a principal or supervisor feels that a particular behavior is unacceptable on the part of an employee, special monitoring shall be initiated. Discipline of staff members shall normally be progressive in routine cases of unsatisfactory behavior or performance to consist of the following steps: a. an initial informal conference with only the principal or supervisor (The principal and the employee must sign the Step 1 Conference form –Appendix G); b. if unsatisfactory behavior persists, special monitoring will be initiated by the principal or supervisor, a second conference will be held with the employee and a written note entered in the employee's building level personnel file as to the problem and directed remedy; c. if the subject behavior continues, a conference shall be held and a formal written reprimand shall be placed in the employee's district level personnel file specifying the problem, directed remedy, and possible consequences; d. should the employee's behavior continue to be unsatisfactory, the principal or supervisor shall recommend suspension with pay, suspension without pay or discharge whichever is considered by the District as appropriate. Prior to the implementation the reasons for suspension with pay, suspension without pay or discharge shall be in writing and delivered to the affected employee as prescribed in this Agreement. Nothing in this section shall limit the District in taking immediate and severe disciplinary action is to be taken, the in cases of sudden and/or extraordinary behavioral or performance problems. An employee shall be advised in writing of the have a 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 his/her own choosing in any formal hearing as provided in the grievance procedure. It is agreed that disciplinary matters pursuant to this article shall be subject to the grievance procedure contained in this agreement except matters relating to evaluation, probation, non- renewal or discharge which shall be subject to appropriate statutes, regulations and provisions of this Agreement. Nothing in this section shall limit the rights given to the district under 28A.405.220 The ▇▇▇▇ ▇. ▇▇▇▇▇▇ Education Association during will not interfere with the District’s right to meet with employees as it deems appropriate and will adhere to the role defined by law for employee representative in any such meetings where the employee has a right to union representation. Specifically, it is agreed that in any meeting described in 1.2. Any complaint of a disciplinary action or at any investigatory meeting that may lead to disciplinary action. 3.2.5 Furthernature made against a unit member, and the specific grounds forming name of the basis for disciplinary action complainant 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 brought to the attention of the employeemember within ten working days, except in cases where the complaint involves a serious violation of law and premature notification could jeopardize the necessary investigation. When charges of misconduct are made against If an employee by any parent, student, or other person which results in an investigation; the principal will give written notice is not advised of the allegations complaint in accordance with these standards, it shall not be used in future disciplinary actions or evaluations. a. The employee has the right to have the meeting scheduled at a time that will allow for time to consult with the union representative before the meeting. b. The union representative can inquire at the beginning of the meeting as to the purpose of the meeting and the nature of the District’s concerns. c. During the meeting, the union representative can object to questions that are ambiguous, misleading, invade a statutory privilege or are harassing or intimidating. Otherwise, after the employer has posed a question to the employee within fifteen (15) working days of commencement and before the employee has responded, the employer may prevent the representative and employee from consulting with each other, except to invoke a statutory privilege against responding. d. Although the District can require that the employee answer questions, at the conclusion of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against interview a union representative can clarify the employee’s answers to the question, bring to light favorable facts, suggest others who may have favorable knowledge or explain extenuating circumstances. When investigating such charges, The District recognizes the investigation materials and results will be maintained in the District files except in those instances when the employee is disciplined as a result right of the investigation, then the letter of discipline will be placed in the personnel file. The employee will also be given written notice members of the results of the investigation within fifteen (15) working days of completion of the investigation▇▇▇▇ ▇. ▇▇▇▇▇▇ Education Association to engage in activities protected by Chapter 41.59 RCW without interference, restraint, coercion, or discrimination. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

Due Process. ‌ 3.2.1 No A. An 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 entitled to have present a disciplinary action is to be taken, the employee shall be advised in writing representative of the right Association during any meeting which might reasonably be expected to representation under this provision of the Agreement prior lead to the action being taken. 3.2.3 Secondly, when disciplinary action. When a request for such representation is made, no meeting shall continue, nor shall any action shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given . The Association will make a representative available within a reasonable period amount of time time. Further, if the Supervisor calls a meeting to arrange for such representation. 3.2.4 Thirdlytake disciplinary action, an the employee shall be entitled to have present a representative advised of the Association during any disciplinary action or at any investigatory right to representation before the meeting that may lead to disciplinary actionis held. 3.2.5 Further, the specific grounds B. Employees may be disciplined for just cause (see Appendix ()). Charges forming the basis for disciplinary action will shall be made available to the affected employee and at the Association in writingtime action is taken. 3.2.6 C. Discipline will be administered progressively, starting with a verbal warning, then progressing through a written warning, written reprimand, then suspension, and finally discharge. It is recognized that some offenses may be severe enough to warrant the abridgment of this progression and may result in immediate reprimand, suspension, or discharge without having gone through the previous step(s). D. The District agrees employee shall have the right to follow a policy of progressive discipline, so attach any statement or response to any disciplinary action taken against an employee shall placed in the employee's personnel file. Such written response must be appropriate to submitted within twenty (20) working days of the behavior which precipitates said date of disciplinary 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 E. Any written 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 ten (1510) working days of commencement receipt of complaint. Any complaint not called to the attention of the investigation. Any investigation will include an opportunity employee may not be used as the basis for any disciplinary action against the employee unless the District determines there was a legitimate investigatory reason not to respond to all allegations lodged against inform 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 F. Upon an employee’s written request, Written warnings and regulations governing employee activities and conduct reprimands shall be interpreted removed from an employee's personnel file two (2) years after their inclusion, provided no such occurrences are repeated within that year. In the case of serious offenses, written warnings and applied uniformly throughout reprimands shall be removed from the District.employee's personnel file after five (5) years, provided that no subsequent serious offense is committed