Common use of Disciplinary Charges Clause in Contracts

Disciplinary Charges. Following an investigation, if it is necessary in the judgment of the Center to charge an individual employee with incompetency or misconduct, the Center Director or his or her designee shall furnish the employee with a written statement of the charges, specifications, and possible penalties. An informational copy of the statement of charges shall be sent to the Union. The statement of charges shall be hand-delivered or sent by certified mail, return receipt requested, and by regular mail to the employee’s last address on file at the Center. The statement of charges shall indicate the date, time, and place, within ten (10) days, for a first step hearing at the Center, and the employee’s right to representation at such hearing. A. First Step The Center Director, or such person as the Director may designate as the hearing officer, shall conduct a hearing on the charges and shall issue a written decision with regard to the charges within ten (10) working days of the hearing, and shall state the disciplinary penalty, if any. The Center may implement a penalty other than termination immediately. The decision shall inform the employee that he or she may appeal a decision with any of the following penalties to the President of the College which administers the Center for a Step II hearing within ten (10) days of the receipt of the Step I decision. Unreturned mail shall be presumed to have been received on the date following transmittal. In the event an appeal is not filed within the time limit prescribed, the Step I decision shall be deemed to have been accepted, and no issue stemming from or relating to the disciplinary action shall be subject to any further appeal. A Step I decision to terminate employment shall be effective upon failure to appeal to Step II. The penalties which may be appealed to Step II are:  fine in excess of one hundred dollars ($100)  suspension without pay for more than two (2) days, or  termination of employment. B. Second Step A Step II hearing shall be scheduled within fifteen (15) working days of receipt of a request for a hearing by the President or the President’s designee. A written decision shall be delivered to the Union and the employee within fifteen (15) working days from the conclusion of the Step II hearing. The Step II decision shall inform the employee that he or she may appeal the decision with either of the following penalties to the Chancellor’s Designee for a Step III hearing, within ten (10) days of the receipt of the Step II decision. Unreturned mail shall be presumed to have been received on the date following transmittal. In the event an appeal is not filed within the time limit, the Step II decision shall be deemed to have been accepted, and no issue stemming from or relating to the disciplinary action shall be subject to any further appeal. A Step II decision to terminate employment shall be effective upon failure to appeal to Step III. The penalties which may be appealed to Step III are:  suspension without pay for more than ten (10) days, or  termination of employment C. Third Step A Step III hearing shall be scheduled within fifteen (15) working days of receipt of a request for a hearing by the Chancellor’s designee. A written decision shall be delivered to the Union and the employee within fifteen (15) working days from the conclusion of the Step III hearing. The Step III decision, including a decision to terminate employment, shall be effective upon issuance of the Step III decision by the Chancellor’s Designee. The Step III decision shall be final.