Principle of Innocence and Burden of Proof Clause Samples

The Principle of Innocence and Burden of Proof clause establishes that an individual is presumed innocent until proven guilty, and it places the responsibility on the accuser or prosecution to provide sufficient evidence to support their claims. In practice, this means that during any legal or disciplinary proceedings, the accused does not have to prove their innocence; instead, the party making the accusation must present convincing evidence to meet the required standard of proof. This clause serves to protect individuals from wrongful punishment or conviction by ensuring that no one is penalized without adequate and fair evidence against them.
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Principle of Innocence and Burden of Proof. Both parties agree that an employee is considered innocent until proven guilty. In case of discharge or discipline, the burden of proof of just cause shall rest with the employer. Evidence presented shall pertain only to the grounds stated in the discharge or discipline notice to the employee. The employer endorses the concept of progressive discipline in situations of poor performance. While the employer reserves the right to use any disciplinary action deemed appropriate, regardless of the order of the following clauses, the parties agree that, where possible, an employee should receive a verbal warning of inappropriate behaviour before written reprimands or other types of disciplinary action are taken. Verbal reprimands shall not be documented in the employee’s official file, are not grievable and shall be delivered in the presence of a ▇▇▇▇▇▇▇ or designated Union Representative.
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Principle of Innocence and Burden of Proof. Both parties agree that a full-time employee is considered innocent until proven guilty. In case of discharge or discipline, the burden of proof of just cause shall rest with the USSU. Evidence presented shall pertain only to the grounds stated in the discharge or discipline notice to the employee.
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Principle of Innocence and Burden of Proof. Both parties agree that an employee is considered innocent until proven guilty. In case of discharge or discipline, the burden of proof of just cause shall rest with the Employer. Evidence presented shall pertain only to the grounds stated in the discharge or discipline notice to the employee.
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Principle of Innocence and Burden of Proof. Both parties agree that an employee is considered innocent until proven guilty. In case of discharge or discipline, the burden of proof of just cause shall rest with the University. Evidence presented shall pertain only to the grounds stated in the discharge or discipline notice to the employee. A copy of any disciplinary notice will be sent to the union office. The University reserves the right to dismiss any employee for just cause. The employee shall be suspended for seven calendar days during which time the Union shall have an opportunity to investigate the circumstances and state its case. A Union representative has the right to be present at the meeting at which the employee is suspended. The University shall notify the Union on the same day as the employee is notified of this suspension. On request, the Union will be given an additional period of seven calendar days for investigation purposes. Unless a grievance is presented to the University within the seven or fourteen day period, the employee will be dismissed. If no just cause has been proved, the employee shall be reinstated without loss of pay. Confirmation of the action taken by the University will be conveyed to the employee in writing by the Personnel Office. A copy of the letter will be sent to the Union Office. If an employee’s service is unsatisfactory but the situation is not serious enough to warrant dismissal, the employee will be warned verbally by the supervisor, and if the situation is not corrected the warning will be put into writing. The employee has the right to have a Union representative present during the verbal warning, and a copy of the written warning will be sent to the Union. If, after such progressive discipline, there is no appropriate improvement, the employee may be subject to suspension or dismissal.
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Related to Principle of Innocence and Burden of Proof

  • Resolution of Conflicts of Interest; Standards of Conduct and Modification of Duties (a) Unless otherwise expressly provided in this Agreement or any Group Member Agreement, whenever a potential conflict of interest exists or arises between the General Partner or any of its Affiliates, on the one hand, and the Partnership, any Group Member or any Partner, on the other, any resolution or course of action by the General Partner or its Affiliates in respect of such conflict of interest shall be permitted and deemed approved by all Partners, and shall not constitute a breach of this Agreement, of any Group Member Agreement, of any agreement contemplated herein or therein, or of any duty stated or implied by law or equity, if the resolution or course of action in respect of such conflict of interest is (i) approved by Special Approval, (ii) approved by the vote of a majority of the Common Units (excluding Common Units owned by the General Partner and its Affiliates), (iii) on terms no less favorable to the Partnership than those generally being provided to or available from unrelated third parties or (iv) fair and reasonable to the Partnership, taking into account the totality of the relationships between the parties involved (including other transactions that may be particularly favorable or advantageous to the Partnership). The General Partner shall be authorized but not required in connection with its resolution of such conflict of interest to seek Special Approval of such resolution, and the General Partner may also adopt a resolution or course of action that has not received Special Approval. If Special Approval is not sought and the Board of Directors of the General Partner determines that the resolution or course of action taken with respect to a conflict of interest satisfies either of the standards set forth in clauses (iii) or (iv) above, then it shall be presumed that, in making its decision, the Board of Directors of the General Partner acted in good faith, and in any proceeding brought by any Limited Partner or by or on behalf of such Limited Partner or any other Limited Partner or the Partnership challenging such approval, the Person bringing or prosecuting such proceeding shall have the burden of overcoming such presumption. Notwithstanding anything to the contrary in this Agreement or any duty otherwise existing at law or equity, the existence of the conflicts of interest described in the Registration Statement are hereby approved by all Partners and shall not constitute a breach of this Agreement. (b) Whenever the General Partner makes a determination or takes or declines to take any other action, or any of its Affiliates causes it to do so, in its capacity as the general partner of the Partnership as opposed to in its individual capacity, whether under this Agreement, any Group Member Agreement or any other agreement contemplated hereby or otherwise, then, unless another express standard is provided for in this Agreement, the General Partner, or such Affiliates causing it to do so, shall make such determination or take or decline to take such other action in good faith and shall not be subject to any other or different standards imposed by this Agreement, any Group Member Agreement, any other agreement contemplated hereby or under the Delaware Act or any other law, rule or regulation or at equity. In order for a determination or other action to be in “good faith” for purposes of this Agreement, the Person or Persons making such determination or taking or declining to take such other action must believe that the determination or other action is in the best interests of the Partnership, unless the context otherwise requires. (c) Whenever the General Partner makes a determination or takes or declines to take any other action, or any of its Affiliates causes it to do so, in its individual capacity as opposed to in its capacity as the general partner of the Partnership, whether under this Agreement, any Group Member Agreement or any other agreement contemplated hereby or otherwise, then the General Partner, or such Affiliates causing it to do so, are entitled to make such determination or to take or decline to take such other action free of any fiduciary duty or obligation whatsoever to the Partnership, any Limited Partner, and the General Partner, or such Affiliates causing it to do so, shall not be required to act in good faith or pursuant to any other standard imposed by this Agreement, any Group Member Agreement, any other agreement contemplated hereby or under the Delaware Act or any other law, rule or regulation or at equity. By way of illustration and not of limitation, whenever the phrase, “at the option of the General Partner,” or some variation of that phrase, is used in this Agreement, it indicates that the General Partner is acting in its individual capacity. For the avoidance of doubt, whenever the General Partner votes or transfers its Partnership Interests, or refrains from voting or transferring its Partnership Interests, it shall be acting in its individual capacity. (d) Notwithstanding anything to the contrary in this Agreement, the General Partner and its Affiliates shall have no duty or obligation, express or implied, to (i) sell or otherwise dispose of any asset of the Partnership Group other than in the ordinary course of business or (ii) permit any Group Member to use any facilities or assets of the General Partner and its Affiliates, except as may be provided in contracts entered into from time to time specifically dealing with such use. Any determination by the General Partner or any of its Affiliates to enter into such contracts shall be at its option. (e) Except as expressly set forth in this Agreement, neither the General Partner nor any other Indemnitee shall have any duties or liabilities, including fiduciary duties, to the Partnership or any Limited Partner and the provisions of this Agreement, to the extent that they restrict, eliminate or otherwise modify the duties and liabilities, including fiduciary duties, of the General Partner or any other Indemnitee otherwise existing at law or in equity, are agreed by the Partners to replace such other duties and liabilities of the General Partner or such other Indemnitee. (f) The Unitholders hereby authorize the General Partner, on behalf of the Partnership as a partner or member of a Group Member, to approve of actions by the general partner or managing member of such Group Member similar to those actions permitted to be taken by the General Partner pursuant to this Section 7.9.

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