Due Process Clause Examples
The Due Process clause ensures that individuals or entities are given fair and reasonable procedures before any governmental action that could affect their rights or interests is taken. In practice, this means that before a person can be deprived of life, liberty, or property, they must be given notice of the action and an opportunity to be heard, such as through a hearing or review process. This clause serves to protect against arbitrary or unjust decisions by requiring transparency and fairness in legal and administrative proceedings.
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Due Process. If an administrator determines there may be cause for disciplinary action and intends to make it a matter of record, the employee shall be informed of the following:
1. Reason for the meeting.
2. Scheduled meeting time(s) and date(s).
Due Process. 29.3.1 Discipline shall be conducted in accordance with due process, as provided for in this labor contract, and good faith for just cause.
Due Process. A. Unit members are accountable for their individual levels of productivity, implementing the duties of their positions, and rendering efficient, effective delivery of services and support. Whenever an employee renders deficient performance, violates any rule, regulation, or policy, that employee shall be notified by his/her supervisor, as soon as possible, with the employee being informed of the deficiency or rule, regulation, or policy violated. An informal discussion with the employee shall occur prior to the issuance of any written disciplinary action. Progressive discipline steps should be followed, however in administering discipline, the degree of discipline shall be reasonably related to the seriousness of the offense and the employees record. Therefore, disciplinary steps may include:
1. Verbal warning;
2. Written warning (acknowledged);
3. Letter of reprimand;
4. Suspension/demotion; and
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...
Due Process. In the event the Agency believes an employee may be subject to discipline greater than a written reprimand, the following procedural due process shall be followed:
a) The employee shall be notified, in writing, of the charges or allegations that may subject them to discipline.
b) The employee shall be notified, in writing, of the disciplinary sanctions being considered.
c) The employee will be given an opportunity to refute the charges or allegations either in writing or orally in an informal hearing.
d) At their request, the employee will be entitled to Union representation at the informal hearing.
Due Process. A teacher shall be entitled to Union representation at any conference held during this procedure in which the teacher will be advised of an impending adverse personnel action.
Due Process. The parties affirm that faculty members are entitled to procedural due process rights as defined by law when faced with disciplinary action or discharge.
Due Process. 7.3.1 Discipline shall be conducted in accordance with due process, as provided for in this labor contract, and good faith for just cause.
7.3.2 Bargaining unit employees shall be entitled to a fair and impartial investigation when, in the course of the employee’s scope of employment, the employer deems an investigation necessary. Employees will assist and expedite administrative investigations and, when requested by investigative officers, furnish information or give statements as witnesses within the guidelines specified in this Agreement.
7.3.3 An employee’s immediate family shall not be interviewed unless party to the complaint or at the specific request of the bargaining unit employee.
7.3.4 An employee may request an administrative investigation pertaining to any allegations or rumors which may adversely affect his/her credibility, integrity, or reputation. However, nothing shall obligate the Agency to conduct such an investigation. The bargaining unit employee shall be notified as to the status of such request.
7.3.5 There shall be no "off the record" discussions with a bargaining unit employee.
7.3.6 The employee’s supervisor shall not be the hearing officer if he or she is the complaining party, a witness, or will provide any evidence against the employee.
Due Process. No teacher shall be disciplined, reprimanded, reduced in rank or compensation, suspended, demoted, terminated, adversely evaluated, or otherwise deprived of any professional advantage without due process as prescribed by Idaho Code 33-515.
Due Process. Teachers who disagree with the level of student growth, the rating of performance and/or the summative, or overall, evaluation rating shall be allowed to request a different evaluator and such request shall be at the discretion of the Superintendent.