DISCIPLINE/DUE PROCESS Clause Samples
The DISCIPLINE/DUE PROCESS clause establishes the procedures and standards that must be followed when addressing allegations of employee misconduct or performance issues. Typically, this clause outlines steps such as investigation, notification, the opportunity for the employee to respond, and possible appeals, ensuring that disciplinary actions are fair and consistent. Its core function is to protect both the employer and employee by providing a transparent framework for handling discipline, thereby reducing the risk of arbitrary or unjust actions and potential legal disputes.
DISCIPLINE/DUE PROCESS. No employee shall be disciplined (suspension, demotion, discharge) without having been afforded an opportunity to hear the reason(s) for the discipline and without an opportunity to offer an explanation of the relevant facts and circumstances surrounding the events which preceded the discipline and/or any extenuating or mitigating circumstances which the employee believes is relevant to the discipline decision. Such opportunities shall be provided in a conference with the Employer which shall be conducted after reasonable advance notice to the employee and his/her Union representative who shall be permitted to attend the conference. If a conference is to be conducted, the involved employee(s) shall remain in pay status until the conference has been completed.
DISCIPLINE/DUE PROCESS. A. Before implementing a demotion, suspension, or discharge on a non-probationary employee, the Superintendent or his/her designee shall hold a conference with the employee to give an opportunity to learn the reasons for the intended disciplinary action and to challenge the alleged behavior. The employee has the right to be accompanied at the conference by one union representative. The conference will be scheduled as promptly as possible by the Superintendent or his/her designee. The Superintendent or his/her designee may impose reasonable rules on the length of the conference and the conduct of the participants. If the superintendent or designee determines that the employee’s continued employment prior to the conference poses a danger to persons or property or a threat of disrupting operations, the Superintendent may suspend the employee pending the conference to determine final disciplinary action.
B. When the Board intends to impose any disciplinary action, notice of such discipline shall be made in writing and served in person or by certified mail upon the employee and the Association. The notice shall include the specific charges against the employee including times, dates, and locations of chargeable actions or omissions; possible penalties; a statement of the employee’s right to make use of the Grievance Procedure at Level 4 to dispute the charges or the proposed penalty; and of the conference to discuss the charges, unless the conference has already occurred.
C. The filing of a grievance shall not delay or stay disciplinary action.
D. The rights and procedures contained in this Article are in lieu of, preempt, and supersede the provisions of Ohio Revised Code Section 3319.081.