Procedural Rights Sample Clauses
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Procedural Rights. The rights to indemnification and reimbursement or advancement of expenses provided by, or granted pursuant to, this Article Eleventh shall be enforceable by any person entitled to such indemnification or reimbursement or advancement of expenses in any court of competent jurisdiction. The burden of proving that such indemnification or reimbursement or advancement of expenses is not appropriate shall be on the corporation. Neither the failure of the corporation (including its directors, its independent legal counsel and its stockholders) to have made a determination prior to the commencement of such action that such indemnification or reimbursement or advancement of expenses is proper in the circumstances nor an actual determination by the corporation (including its directors, its independent legal counsel and its stockholders) that such person is not entitled to such indemnification or reimbursement or advancement of expenses shall constitute a defense to the action or create a presumption that such person is not so entitled. Such a person shall also be indemnified for any expenses incurred in connection with successfully establishing his or her right to such indemnification or reimbursement or advancement of expenses, in whole or in part, in any such proceeding.
Procedural Rights. The faculty member shall have the same procedural rights as those allowed for under Section 10.4.4 of the Dismissal Review Article, with the determination limited to the issue in Section 12.4.2.1.
Procedural Rights. A faculty member who timely requests a hearing shall be entitled to one formal adjudicative proceeding conducted in accordance with the Administrative Procedure Act, RCW 34.05, and shall have the following procedural rights:
A. The right to confront and cross-examine witnesses, provided that, when a witness cannot appear and compelling reasons exist, the identity of the witness and a statement of the witness reduced to writing shall be disclosed to the faculty member prior to the hearing.
B. The right to be free from compulsion to divulge information which the faculty member could not be compelled to divulge in a criminal proceeding.
C. The right to be heard in the faculty member’s own defense and to present witnesses, testimony and evidence on all issues involved.
D. The right to the assistance of the hearing officer in securing the witnesses and evidence pursuant to RCW 34.05.
E. The right to a representative of her or his choosing who may appear and act on the faculty member’s behalf at the hearing.
F. The right to have witnesses sworn and testify under oath.
Procedural Rights. (a) The department head upon authorization of the Director of Human Resources may place an employee on paid administrative leave pending the completion of the investigative or pre-disciplinary processes.
(b) Civilian bargaining unit employees of the Police Department have all the procedural rights afforded by Government Code section 3508.1.
Procedural Rights. Head Women's Basketball Coach shall have the procedural right to request, in writing, a review and hearing regarding any suspension imposed by the Vice President of Intercollegiate Athletics. Any such hearing shall be conducted in accordance with University’s grievance procedures applicable to non-academic administrative employees, as currently established or subsequently amended, unless alternative procedures are mutually agreed upon by the parties.
Procedural Rights. Establishment and Notification of Work Rules 55 .
Procedural Rights. This Article outlines the procedures the City will use when investigating an eligible employee’s alleged acts of misconduct. These procedures do not apply to routine, undocumented inquiries; or to coaching, instruction or direction given to an eligible employee by his or her supervisor. The City agrees it will not discipline an eligible employee unless it has complied with these procedural rights and will revoke any discipline if a department director or designee determines an eligible employee’s procedural rights were violated. However, revoking discipline will not prevent the City from considering the underlying conduct in any future disciplinary action.
Procedural Rights. Continuation of this Agreement is not a condition of Medical Staff membership or Allied Health Professional status at the Hospital. However, the ability to routinely exercise privileges in the Department is affected by the existence of a contract, as follows:
(a) This Agreement may be terminated in accordance with Section 9 below, without necessity of a hearing before the Hospital’s Board of Trustees, a committee of the Medical Staff, or any other body or committee.
Procedural Rights. It is the intent of this article to provide procedural safeguards to eligible employees who are under investigation for conduct that may lead to discipline. An eligible employee’s right to representation does not apply to an inquiry, coaching, instruction, or direction given to an eligible employee by his or her immediate supervisor regardless of whether the action is documented or undocumented. If, during an inquiry, an eligible employee knows or believes that his or her own conduct may lead to discipline, the employee may request that the inquiry occur by investigative interview and any further interviewing of the eligible employee concerning the matter shall be conducted pursuant to Section A below.
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