Just Cause and Due Process Sample Clauses
The "Just Cause and Due Process" clause establishes that certain actions, such as termination or disciplinary measures, can only be taken if there is a legitimate, substantiated reason and if fair procedures are followed. In practice, this means that an employer must provide evidence of misconduct or poor performance and adhere to established steps, such as providing notice and an opportunity for the affected party to respond. This clause ensures fairness and transparency in decision-making, protecting individuals from arbitrary or unjust treatment.
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Just Cause and Due Process. In all instances, discipline will be for just cause and members of the unit will be provided the protection of all procedural due process.
Just Cause and Due Process. A. No teacher shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause except as noted under Article IV 1 C for probationary teachers hired after August 1,
Just Cause and Due Process. An employee who has completed the probationary period shall not be discharged or disciplined without just cause or due process. Any memorandum to an employee that includes a warning regarding discipline or delineates prior wrongdoing will be considered a disciplinary action. Written directives, work plans, coaching, or counseling letters that indicate expectations are not considered discipline.
Just Cause and Due Process. The Association recognizes that the District has the right and responsibility to take appropriate action when there are instances of unprofessional conduct or violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the Governing Board of the ▇▇▇▇▇▇ Unified School District, or by reasonable school level administrative rules, or by the requirements of the negotiated agreement. The provisions of this article shall be uniformly applied. In exercising this responsibility, the District agrees to use progressive discipline except where the nature of the offense or the possible consequences of repetition reasonably requires immediate action by the District. In all instances, the severity of the punishment must relate to the severity of the offense. In all instances, discipline shall be for just cause and members of the unit shall be provided the protection of procedural due process as delineated in this article. Progressive discipline shall include the following:
Just Cause and Due Process. 1. No disciplinary action (including the following) shall be taken by the District against any unit member of the bargaining unit without just cause and due process as provided for in G(2). Discipline may include:
a. Written reprimand
b. Suspension without pay
c. Placing a recording of a complaint or a complaint in the unit member’s personnel file
2. For the purpose of G.1 above, due process shall require the following:
a. No unit member shall be required to respond to allegations without prior notification of the nature of the allegation.
b. The unit member shall be provided a timely opportunity to meet with the District representatives to discuss the allegations and to respond. If a meeting is held, an Association representative may, at the unit member’s option, also attend the meeting.
c. If discipline results, the decision shall be communicated in writing. The unit member shall be informed of the discipline being imposed and the reasons for the disciplinary action.
3. This section G shall not apply to the dismissal or non-renewal of any unit member of the bargaining unit who is subject to the requirements set forth in ORS 342.805 - 342.995, (Fair Dismissal Law).
4. No probationary unit member shall be dismissed except for “cause deemed in good faith sufficient by the Board” as provided for in ORS 342.835. The probationary unit member is entitled to a meeting with the Board upon request to discuss the cause of dismissal.
Just Cause and Due Process. 1. No disciplinary action (including the following) shall be taken by the District against any unit member of the bargaining unit without just cause and due process. Discipline may include:
a. Written reprimand
b. Suspension without pay
c. Placing a record of a complaint in the unit member’s personnel file
2. Due process shall require the following:
a. No unit member shall be required to respond to allegations or attend a due process meeting without prior notification of the nature of the allegation.
b. The unit member shall be provided a timely opportunity to meet with the District representatives to discuss the allegations and to respond. If a meeting is held, an Association representative may, at the unit member’s option, also attend the meeting.
c. If discipline results, the decision shall be communicated in writing. The unit member shall be informed of the discipline being imposed and the reasons for the disciplinary action.
3. This section G shall not apply to the dismissal or non-renewal of any unit member of the bargaining unit who is subject to the requirements set forth in ORS 342.805 - 342.995, (Fair Dismissal Law).
4. A pre-termination hearing shall be held with the superintendent or their designee prior to the superintendent’s recommendation of termination to the school board.
5. No probationary unit member shall be dismissed except for “cause deemed in good faith sufficient by the Board” as provided for in ORS 342.835. The probationary unit member is entitled to a meeting with the Board upon request to discuss the cause of dismissal.
Just Cause and Due Process. The College strives to create a safe work environment with clear expectations that uphold accountability for individual conduct and address behaviors that disrupt that environment. The employee will be given the opportunity to correct misconduct or inappropriate behavior by working with their direct supervisor through informal resolution, unless the conduct is so severe that immediate action is required. The College will abide by the following standards of just cause:
1. Fair notice
2. Reasonable rule
3. Investigation
4. Fairness
5. Proof
6. Consistency
7. Appropriate discipline If determined necessary, disciplinary action will be taken in a timely manner and in accordance with due process rights, established in this Agreement and under local, state, and federal law. Unless the conduct is so severe that immediate action is required, disciplinary action will be progressive, depending on the severity of the misconduct and may take the form of a verbal warning, written reprimand, disciplinary suspension without pay, or discharge from employment. The College may investigate misconduct and take disciplinary action if it arises from the violation of local, state, or federal law, though the accused faculty member will still be entitled to due process under this Agreement.
Just Cause and Due Process. No employee shall be disciplined without sufficient cause. Any employee subject to a disciplinary proceeding or action shall be advised, in writing, of the basis for such proceeding or action. The employee shall have the right to have present a representative of the Association during any disciplinary action or proceeding or investigation thereof at which the employee is present. If the employee requests a representative of the Association, no action will be taken with respect to the employee until such representative is present, provided that action on this request causes no unreasonable delay. Any negative and/or verbal reprimand of an employee and all disciplinary actions shall be made in private and in confidence and never in the presence of students, parents, other employees, or at public gatherings.
Just Cause and Due Process. A. The intent of this Article is twofold:
1. To supplement, and for the purpose of disciplinary suspensions without pay to replace, the provisions of Section 44944 of the California Education Code. However, it is not the intent of this Article to replace Sections 44939, 44940, and 44942 of that code.
2. To establish procedures for the administration of constructive and progressive discipline, in accordance with the unit member’s right to due process.
B. The District has the right to discipline unit members for just cause.
C. A unit member has the right to representation on request.
D. The District shall follow constructive and progressive discipline principles outlined in E and F, unless the District determines that the degree and severity of the action warrants higher intervention.
E. Normally, a unit member will not be given a verbal warning letter unless he/she has first been counseled orally about his/her misconduct and expressly told what is expected of him/her.
F. Normally, the District will implement the following principles of constructive and progressive discipline prior to implementing suspension:
1. Oral counseling, including stated expectations, directions, recommendations, and offers of assistance.
2. Warning letter(s), including stated expectations, directions, recommendations, and offers of assistance.
3. Written reprimand(s), including stated expectations, directions, recommendations, and offers of assistance.
Just Cause and Due Process. 1. No disciplinary action (including the following) shall be taken by the District against any member of the bargaining unit without just cause and due process.
a. Written reprimand
b. Denial of a step increase
c. Suspension without pay
d. Placing a recording of a complaint or a complaint in the member’s personnel file
2. For the purpose of G.1 above, due process shall require the following:
a. Before a member is disciplined, the member shall be advised in writing of the charges being made and shall be afforded an opportunity to respond. The member shall be provided a timely opportunity to meet with the District representatives to discuss the charges or to provide a written response. If a meeting is held, an Association representative may, at the member’s option, also attend the meeting.
b. If discipline results, the decision shall be communicated in writing. The member shall be informed of the discipline to be imposed or recommended and the reasons for the disciplinary action to be taken.
3. Before any complaint or any recording of a complaint is placed in a member’s personnel file, the following procedure must be followed:
a. Within 10 member working days after the complaint has been presented to a District administrator, the supervisor must discuss the complaint with the member. If the complaint has been presented to the administration in writing by the complainant, then the written document shall be provided to the member at this initial meeting. An Association representative may, at the member’s option, also attend this initial meeting.
b. If the complaint is being placed in the personnel file or being relied upon as the factual basis for a written reprimand, denial of a step increase, or suspension without pay, the member shall first be advised in writing (1) of the charges being made, (2) the discipline to be imposed or recommended, and (3) the reasons for the disciplinary action to be taken.
c. Once the written notice of charges as outlined in (b) above is provided to the member, the member shall be provided a timely opportunity to meet with the supervisor and/or other District administrators to discuss the charges or to provide a written response. If a meeting is held, an Association representative may at the member’s option also attend the meeting.
d. If discipline is imposed after the meeting in (c) above, the decision to impose the discipline shall be communicated in writing.
e. The timelines of this section shall not apply to those complaints ...