Common use of Progressive Discipline Procedure Clause in Contracts

Progressive Discipline Procedure. 1. Discipline of a teacher shall, upon request of the teacher, be in the presence of an Association representative and the administrator making the charge or imposing the disciplinary action. 2. The Board further agrees that no teacher will be disciplined in the presence of any other employee, students, or parents of students or any non-certified employee. 3. Employees shall be disciplined with progressive discipline procedure set forth as follows: a. Oral Reprimand – noted in personnel file b. Written Reprimand c. Up to Five-day Suspension (by superintendent) without pay d. Termination in accordance with ORC 3319.16. 4. Any written record of disciplinary action will be kept in the employee’s active personnel file housed at the Board office. Discipline after three (3) years will not be subject to progressive discipline procedure provided that there has been no same or similar infractions in that time period. 5. Prior warning or reprimand shall be made in writing to the teacher by the Administration before recommending dismissal to the Board. 6. Before any reprimand (oral or written) is placed in a teacher’s personnel file, the following procedures shall be followed: a. The supervisor shall inform the teacher of his/her intent to place a reprimand in the teacher’s personnel file and shall inform the teacher of the right to a meeting to respond to the content of the oral or written reprimand. If the teacher is unable to secure representation for a formal reprimand meeting scheduled for the same day, such meeting will not take place until the teacher is given sufficient time to secure representation, not to exceed three (3) school days. The timeline may be extended by mutual agreement. If a certified employee is requested to meet with more than one (1) member of the supervisory staff and he/she feels that such a meeting would be detrimental to his/her employment, he/she shall have the right to secure representation. This representative may attend the meetings as observer, as witness, or may speak in any other manner to represent the teacher and defend the teacher’s rights. The Board further agrees that no disciplinary action will be taken against any professional employee without affording the employee all due process rights under law. b. At the meeting the teacher shall: i. be informed of the alleged conduct leading to the reprimand; ii. be afforded the opportunity to address the content of the written reprimand, submit names of witnesses, and to respond to the written reprimand; iii. be informed of his/her right to file a written response or rebuttal to the written reprimand. Such response must be filed by the member within five (5) workdays of the meeting and will be included with the written reprimand if it is placed in the personnel file; iv. sign the written reprimand only that he/she has been afforded the rights set forth in this Article. This signature shall not be construed as agreement with the content of the written reprimand nor shall it waive a member’s right to appeal said document. 7. All appeals of such oral or written reprimands shall follow the normal chain of command (Principal, Superintendent, Board of Education) and the decision of the Board of Education shall be final and binding. 8. This policy shall not be construed to limit any professional or legal rights of the Board or teacher involved in obtaining due process as specifically written in this contract. 9. No teacher shall be disciplined, reprimanded, reduced in position or compensation or deprived of any contract status without just cause. All information forming the basis for disciplinary action will be made available to the teacher and the Association. 10. With respect to the same offense, there shall be no deviation from the procedural order of progressive discipline, unless the seriousness of the situation warrants.

Appears in 3 contracts

Sources: Master Contract, Master Contract, Master Contract

Progressive Discipline Procedure. 1. Discipline of a teacher shall, upon request (a) The intent and purpose of the teacher, be in the presence of an Association representative and the administrator making the charge or imposing the following is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee's job responsibilities or for improper conduct while on the job, except that nothing in this Article shall prevent the Employer from taking immediate and appropriate disciplinary action should it be required by the circumstances. with proper written notice thereof to the Union at the time such immediate action is taken. 2(b) Notification within a reasonable time shall be given to the ▇▇▇▇▇▇▇ or Union Representative prior to any disciplinary action taken against any member which may result in any official entries being added to their personnel file. The Board further Employer agrees that no teacher will upon imposing any form of discipline, the designated area ▇▇▇▇▇▇▇ or Union Representative shall be disciplined promptly notified, in writing, of the presence action taken. The employee shall be furnished a copy of any other new entry prior to its introduction into the file. A notation of oral reprimand by date and subject only, may be placed in tre employee, students, or parents of students or any non-certified employee's personnel file. There shall be one official departmental file. 3. Employees (c) The ▇▇▇▇▇▇▇ or another representative of the Union shall be disciplined with progressive discipline procedure set forth as follows: a. Oral Reprimand – noted in personnel file b. Written Reprimand c. Up to Five-day Suspension (by superintendent) without pay d. Termination in accordance with ORC 3319.16. 4. Any written record present at the time disciplinary action is imposed and shall represent the employee at all levels of disciplinary action will be kept in the employee’s active personnel file housed at the Board officeproceedings. Discipline after three (3) years will not All disciplinary actions shall be subject to progressive discipline the grievance procedure provided that there has been no same or similar infractions in that time period. 5. Prior warning or reprimand shall be made in writing to the teacher by the Administration before recommending dismissal to the Board. 6. Before any reprimand (oral or written) is placed in a teacher’s personnel file, the following procedures shall be followed: a. The supervisor shall inform the teacher of his/her intent to place a reprimand in the teacher’s personnel file and shall inform the teacher of the right to a meeting to respond to the content of the oral or written reprimand. If the teacher is unable to secure representation for a formal reprimand meeting scheduled for the same day, employee may seek such meeting will not take place until the teacher is given sufficient time to secure representation, not to exceed three (3) school days. The timeline other legal remedy as may be extended by mutual agreement. If a certified employee is requested to meet with more than one (1) member of available upon the supervisory staff and he/she feels that such a meeting would be detrimental to his/her employmentemployee's election, he/she shall have the right to secure representation. This representative may attend the meetings as observerprovided, as witnesshowever, or may speak in any other manner to represent the teacher and defend the teacher’s rights. The Board further agrees that no disciplinary action will be taken against any professional employee without affording the employee all due process rights under law. b. At the meeting the teacher shall: i. be informed of the alleged conduct leading to the reprimand; ii. be afforded the opportunity to address the content of the written reprimand, submit names of witnesses, and to respond to the written reprimand; iii. be informed of his/her right to file a written response or rebuttal to the written reprimand. Such response must be filed by the member within five (5) workdays of the meeting and will be included with the written reprimand if it is placed in the personnel file; iv. sign the written reprimand only that he/she has been afforded the rights set forth in this Article. This signature shall not be construed as agreement with the content of the written reprimand nor shall it waive a member’s right to appeal said document. 7. All appeals of such oral or written reprimands shall follow not be subject to arbitration. (d) In the normal chain event an employee is to receive an oral reprimand, the employee will first be offered :he right to waive the ▇▇▇▇▇▇▇'▇ presence at such disciplinary meeting. Said waiver of command representation shall be placed in writing and signed by the employee prior to the rr.eeting. A copy of the signed waiver will be forwarded to the union ▇▇▇▇▇▇▇. (Principale) Before any employee shall be required to make any written statement or written reply pertaining to any alleged misconduct on hiS/her part, Superintendentthe matter shall first be discussed between the employee, Board of Education) the Union Representative, and the decision Supervisor. The employee shall have twenty-four (24) hours after such meeting to make the written statement, with a copy to the Union Representative if the employee so desires. (f) In any case where employee disciplinary action is necessary, the following order of procedure shall be followed; however, nothing shall preclude the Employer from deviating from the procedural steps listed below, depending upon the severity of the Board of Education offense.‌ (g) Procedural Steps: 1. Oral Reprimand. 2. Written Reprimand. 3. Suspension, transfer to existing vacancy or demotion. 4. Removal or Discharge. (h) Should it be necessary to reprimand any employee, the reprimand shall be final and bindinggiven so as not to cause embarrassment to the employee before other employees or the public. 8. This policy (i) The Employer may modify a disciplinary action except that the severity of the disciplinary action shall not be construed to limit any professional or legal rights of the Board or teacher involved in obtaining due process as specifically written in this contractincreased, but may be lessened. 9. No teacher shall be disciplined, reprimanded, reduced in position or compensation or deprived of any contract status without just cause. All information forming the basis for disciplinary action will be made available to the teacher and the Association. 10. With respect to the same offense, there shall be no deviation from the procedural order of progressive discipline, unless the seriousness of the situation warrants.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Progressive Discipline Procedure. 1. Discipline of a teacher shall, upon request (a) The intent and purpose of the teacher, be in the presence of an Association representative and the administrator making the charge or imposing the following is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee's job responsibilities or for improper conduct while on the job, except that nothing in this Article shall prevent the Court from taking immediate and appropriate disciplinary Union at the time such immediate action is taken. 2(b) Notification within a reasonable time shall be given to the ▇▇▇▇▇▇▇ or Union Representative prior to any disciplinary action taken against any member which may result in any official entries being added to their personnel file. The Board further Court agrees that no teacher will upon imposing any form of discipline, the designated area ▇▇▇▇▇▇▇ or Union Representative shall be disciplined promptly notified, in writing, of the presence action taken. The employee shall be furnished a copy of any other employeenew entry prior to its introduction into the file. A notation of oral reprimand by date and subject only, students, or parents of students or any non-certified employee. 3. Employees shall may be disciplined with progressive discipline procedure set forth as follows: a. Oral Reprimand – noted in personnel file b. Written Reprimand c. Up to Five-day Suspension (by superintendent) without pay d. Termination in accordance with ORC 3319.16. 4. Any written record of disciplinary action will be kept placed in the employee’s active 's personnel file housed file. There shall be one official departmental file. (c) The ▇▇▇▇▇▇▇ or another representative of the Union shall be present at the Board officetime disciplinary action is imposed and shall represent the employee at all levels of disciplinary proceedings. Discipline after three (3) years will not All disciplinary actions shall be subject to progressive discipline the grievance procedure provided that there has been no same or similar infractions in that time period. 5. Prior warning or reprimand shall be made in writing to the teacher by the Administration before recommending dismissal to the Board. 6. Before any reprimand (oral or written) is placed in a teacher’s personnel file, the following procedures shall be followed: a. The supervisor shall inform the teacher of his/her intent to place a reprimand in the teacher’s personnel file and shall inform the teacher of the right to a meeting to respond to the content of the oral or written reprimand. If the teacher is unable to secure representation for a formal reprimand meeting scheduled for the same day, employee may seek such meeting will not take place until the teacher is given sufficient time to secure representation, not to exceed three (3) school days. The timeline other legal remedy as may be extended by mutual agreement. If a certified employee is requested to meet with more than one (1) member of available upon the supervisory staff and he/she feels that such a meeting would be detrimental to his/her employmentemployee's election, he/she shall have the right to secure representation. This representative may attend the meetings as observerprovided, as witnesshowever, or may speak in any other manner to represent the teacher and defend the teacher’s rights. The Board further agrees that no disciplinary action will be taken against any professional employee without affording the employee all due process rights under law. b. At the meeting the teacher shall: i. be informed of the alleged conduct leading to the reprimand; ii. be afforded the opportunity to address the content of the written reprimand, submit names of witnesses, and to respond to the written reprimand; iii. be informed of his/her right to file a written response or rebuttal to the written reprimand. Such response must be filed by the member within five (5) workdays of the meeting and will be included with the written reprimand if it is placed in the personnel file; iv. sign the written reprimand only that he/she has been afforded the rights set forth in this Article. This signature shall not be construed as agreement with the content of the written reprimand nor shall it waive a member’s right to appeal said document. 7. All appeals of such oral or written reprimands shall follow not be subject to arbitration. (d) Before any employee shall be required to make any written statement or written reply pertaining to any alleged misconduct on his/her part, the normal chain of command (Principalmatter shall first be discussed between the employee, Superintendentthe Union Representative, Board of Education) and the decision Supervisor. The employee shall have twenty-four (24) hours after such meeting to make the written statement, with a copy to the Union Representative if the employee so desires. (e) In any case where employee disciplinary action is necessary, the following order of the Board of Education procedure shall be final and binding. 8followed. This policy However, nothing shall not be construed to limit any professional or legal rights of preclude the Board or teacher involved in obtaining due process as specifically written in this contract. 9. No teacher shall be disciplined, reprimanded, reduced in position or compensation or deprived of any contract status without just cause. All information forming the basis for disciplinary action will be made available to the teacher and the Association. 10. With respect to the same offense, there shall be no deviation Employer from deviating from the procedural order of progressive disciplinesteps listed below, unless depending upon the seriousness severity of the situation warrantsoffense. (f) Procedural Steps: 1. Oral Reprimand. 2. Written Reprimand. 3. Suspension without pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement