Student Supports and Discipline Clause Samples
Student Supports and Discipline
Student Conduct and Discipline The School shall adopt, update, and adhere to written policies concerning standards of student conduct and discipline which shall comply with federal and State laws and which shall incorporate the requirements of Section
SUSPENSION AND DISCIPLINE 21.01 Discipline may be imposed where just cause exists and will be levied in a timely fashion. Generally, discipline is intended to correct undesirable behaviour or conduct and, where appropriate, shall be progressive in nature. 21.02 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting, during which there shall be an opportunity for full discussion between the employee and the employee’s Manager. The notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have an Association representative attend as an advisor. The management representative also has the right to have a labour relations representative attend as an advisor. At the meeting the employee and the Association representative may make representations and ask questions concerning the events and circumstances. Unless otherwise agreed, the unavailability of an advisor will not delay the meeting for more than one (1) working day from the date of notification to the employee. 21.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable. 21.04 The employee and the Association representative shall be notified in writing of any disciplinary action except an oral warning, taken against the employee by the Company within a reasonable period of time of that action having been taken. 21.05 When an employee is required to attend a meeting, the purpose of which is to demote or terminate him/her for non-disciplinary reasons, he/she is entitled to have, at his/her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable. 21.06 When any discipline is found to be unjustified all documents referring to the discipline imposed shall be removed as soon as reasonably possible from the employee’s record and destroyed. 21.07 NAV CANADA agrees not to introduce as evidence in a hearing relating to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing. 21.08 Any document or written statement to disciplinary action, which may have been placed on the NAV CANADA file of an employee shall be removed and destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.09 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.10 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.11 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.
DISCHARGE AND DISCIPLINE 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.
DISCIPLINE AND DISCHARGE B.6.1 If the Employer requires an Employee to meet with his/her Supervisor or designate in order to formally investigate the professional conduct of the Employee or in order to receive a written reprimand, suspension or discharge, the Supervisor will inform the Employee that he/she has the right to have a Bargaining Unit representative present. The Employee has a right to refuse Bargaining Unit representation. If the Employee elects to have Bargaining Unit representation, no discussion of the issues will take place until the Bargaining Unit representative is present in a timely fashion. B.6.2 The Bargaining Unit Grievance Committee shall receive a copy of any written reprimand given to an Employee resulting from a meeting at which a representative of the Bargaining Unit has been present. B.6.3 In determining the disciplinary action to be taken against an Employee, the Employer will take into consideration the Employee's record and the lapse of time since the last disciplinary action. 6.3.1 During the probationary period, the Employer shall have the right to discipline, demote, discharge or layoff a probationary new Employee. The new Employee shall have recourse to the Grievance Procedures. It is understood by the parties, for the purpose of discipline, a lesser standard of just cause may apply to a probationary Employee than to an Employee who has completed his/her probationary period. B.6.4 An Employee shall receive a copy of any written reprimand. B.6.5 A claim of discharge without just cause by an Employee shall be treated as a grievance if a written statement of such grievance is lodged with the person designated by the Employer within fifteen (15) working days following written notification of the discharge to the Employee from the Employer. All preliminary steps of the Grievance Procedures prior to Step 2 will be omitted in such case. B.6.6 The Employer shall not discipline or discharge an Employee without just cause. B.6.7 In any matter of discipline or discharge, an Employee shall be advised in writing of his/her right to Bargaining Unit representation.
Use and Disclosure All Confidential Information of a party will be held in confidence by the other party with at least the same degree of care as such party protects its own confidential or proprietary information of like kind and import, but not less than a reasonable degree of care. Neither party will disclose in any manner Confidential Information of the other party in any form to any person or entity without the other party’s prior consent. However, each party may disclose relevant aspects of the other party’s Confidential Information to its officers, affiliates, agents, subcontractors and employees to the extent reasonably necessary to perform its duties and obligations under this Agreement and such disclosure is not prohibited by applicable law. Without limiting the foregoing, each party will implement physical and other security measures and controls designed to protect (a) the security and confidentiality of Confidential Information; (b) against any threats or hazards to the security and integrity of Confidential Information; and (c) against any unauthorized access to or use of Confidential Information. To the extent that a party delegates any duties and responsibilities under this Agreement to an agent or other subcontractor, the party ensures that such agent and subcontractor are contractually bound to confidentiality terms consistent with the terms of this Section 11.