Due Process
3.2.1 No employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions that would adversely affect the employee) without just and sufficient cause.
3.2.2 First of all, in the event a disciplinary action is to be taken, the employee shall be advised in writing of the right to representation under this provision of the Agreement prior to the action being taken.
3.2.3 Secondly, when a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given a reasonable period of time to arrange for such representation.
3.2.4 Thirdly, an employee shall be entitled to have present a representative of the Association during any disciplinary action or at any investigatory meeting that may lead to disciplinary action.
3.2.5 Further, the specific grounds forming the basis for disciplinary action will be made available to the employee and the Association in writing.
3.2.6 The District agrees to follow a policy of progressive discipline, so any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action, which normally includes the following:
3.2.6.1 verbal warning
3.2.6.2 written reprimand
3.2.6.3 with nonrenewal or discharge as a final and last resort. This section shall not prevent an arbitrator from viewing the appropriateness of any particular disciplinary action based on all the circumstances.
3.2.7 Any complaint made against an employee will be promptly called to the attention of the employee. When charges of misconduct are made against an employee by any parent, student, or other person which results in an investigation; the principal will give written notice of the allegations to the employee within fifteen (15) working days of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. When investigating such charges, the investigation materials and results will be maintained in the District files except in those instances when the employee is disciplined as a result of the investigation, then the letter of discipline will be placed in the personnel file. The employee will also be given written notice of the results of the investigation within fifteen (15) working days of completion of the investigation.
3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.
Distribution of Rights to Purchase Shares (a) Distribution to ADS Holders Whenever the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares, the Company shall give notice thereof to the Depositary at least 60 days prior to the proposed distribution stating whether or not it wishes such rights to be made available to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such rights to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall determine, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have timely requested that such rights be made available to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7, and (iii) the Depositary shall have determined that such distribution of rights is lawful and reasonably practicable. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below or, if timing or market conditions may not permit, do nothing thereby allowing such rights to lapse. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date (upon the terms described in Section 4.7) and establish procedures (x) to distribute such rights (by means of warrants or otherwise) and (y) to enable the Holders to exercise the rights (upon payment of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes and other governmental charges). Nothing herein shall obligate the Depositary to make available to the Holders a method to exercise such rights to subscribe for Shares (rather than ADSs).