Initial Procedures for Dealing with Allegations of Misconduct or Serious Misconduct Clause Samples

Initial Procedures for Dealing with Allegations of Misconduct or Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith by the University as if it were a case of unsatisfactory performance under subclause 14.1 of this Agreement, the provisions of subclause 14.2 are not required to be followed, but the provisions of subclause 14.1 must be followed. (b) Disciplinary action should be used as a last resort. An employee's supervisor will normally seek to resolve instances of possible misconduct or serious misconduct through guidance, counselling, or other appropriate action including appropriate academic staff development or work allocation before a report of misconduct or serious misconduct is submitted to the Deputy Vice-Chancellor. (c) Where it is not appropriate for an allegation of misconduct or serious misconduct to be resolved in accordance with subclause 14.2(b) above, or where an allegation has not been resolved in accordance with subclause 14.2(b) above, the academic supervisor may refer the matter to the Deputy Vice-Chancellor through a written report. The report will provide information about the nature and details of the misconduct or serious misconduct allegation(s), and what steps were taken to attempt to resolve the issue, or, if relevant, why it was not appropriate to resolve the allegation in accordance with subclause 14.2(b) above. (d) The Deputy Vice-Chancellor will initially consider whether the allegation is serious and warrants further investigation. If the Deputy Vice-Chancellor considers it appropriate he/she may refer the matter back to the academic supervisor for action in accordance with subclause 14.2(b) above. Otherwise, the Deputy Vice-Chancellor may initiate the procedures which commence with subclause 14.2.2 below (including subclause 14.2.1 if relevant). For the purpose of exercising his or her discretion under subclause 14.2(d), the Deputy Vice-Chancellor may conduct or initiate informal inquiries. 14.2.1 Suspension with or without pay (a) Anytime after an allegation of misconduct or serious misconduct has been received by the Deputy Vice-Chancellor, the Deputy Vice-Chancellor may suspend the employee. Such suspension will be on full pay unless the Deputy Vice-Chancellor considers that there is the possibility of an imminent and serious risk to another person or to the University's property arising out of the alleged act of misconduct or serious misconduct, or if the Deputy Vice-Chancellor considers that the alleged misconduct or serious misc...
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Related to Initial Procedures for Dealing with Allegations of Misconduct or Serious Misconduct

  • Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.

  • Reporting of Abuse, Neglect, or Exploitation Consistent with provisions of 33 V.S.A. §4913(a) and §6903, Party and any of its agents or employees who, in the performance of services connected with this agreement, (a) is a caregiver or has any other contact with clients and (b) has reasonable cause to believe that a child or vulnerable adult has been abused or neglected as defined in Chapter 49 or abused, neglected, or exploited as defined in Chapter 69 of Title 33 V.S.A. shall: as to children, make a report containing the information required by 33 V.S.A. §4914 to the Commissioner of the Department for Children and Families within 24 hours; or, as to a vulnerable adult, make a report containing the information required by 33 V.S.A. §6904 to the Division of Licensing and Protection at the Department of Disabilities, Aging, and Independent Living within 48 hours. Party will ensure that its agents or employees receive training on the reporting of abuse or neglect to children and abuse, neglect or exploitation of vulnerable adults.

  • Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then (i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and (ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means (A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group; (B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee; (C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group; (D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment; (E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group; (F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or (G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.

  • Withdrawal of Property from Market or Termination of Discussions Potential Investor acknowledges that the Property has been offered for sale subject to withdrawal of the Property from the market at any time or rejection of any offer because of the terms thereof, or for any other reason whatsoever, without notice, as well as the termination of discussions with any party at any time without notice for any reason whatsoever.