First Incident Clause Samples
The "First Incident" clause defines the initial occurrence of a specified event or breach under an agreement. Typically, this clause outlines how the parties will respond to the first instance of a problem, such as a service failure, data breach, or contractual non-compliance, often triggering specific remedies, notifications, or corrective actions. By clearly establishing the protocol for addressing the first incident, the clause helps ensure prompt resolution and sets expectations for both parties, thereby minimizing confusion and mitigating potential disputes.
First Incident. 1. If two trained administrators, using the “Observed Behavior-Reasonable Cause Record” (which is attached to this agreement) have made a determination that there is reasonable suspicion that an employee may be at work with detectable levels of alcohol (.04 or above), illegal, or unauthorized drugs in their body, the employee shall receive a Notice of Rights (attached). The Notice of Rights shall be signed by the employee to indicate that it has been received, and a copy shall be placed in an investigative file. The issuance of the Notice of Rights may not be grieved or arbitrated. The Notice of Rights is not considered discipline nor is it evidence of substantiated unprofessional conduct. No further action will take place unless there is another reasonable suspicion incident (within 36 months of the issuance of the notice) in which two trained administrators make a determination that there is reasonable suspicion that an employee is at work with detectable levels of alcohol (.04 or above), illegal, or unauthorized drugs in their body.
2. Upon the first occurrence of reasonable suspicion, the employee will be placed on sick leave for the remainder of the day/shift and transported home. If the test results are positive, the employee may face adverse disciplinary consequences, up to and including discharge.
3. The employee shall be referred to the E.A.P. for an evaluation. The evaluation shall be during regular work hours and at no expense to the employee. Failure on the part of the employee to attend and cooperate without good cause shall subject the employee to discipline, up to and including discharge. The E.A.P. counselor will report to the Board only that the employee attended. All other information is confidential.
4. The employee may submit a written statement, not exceeding five pages, to be appended to the Notice maintained in the investigative file. At the employee’s option, he/she may submit to the Board evidence of a medical condition, which might be mistaken for substance abuse. The employee may voluntarily request a drug and alcohol test upon the first occurrence of reasonable suspicion. If the test is negative, the Notice of Rights will not be issued or placed in an investigative file. If the test results are positive, the employee may face adverse disciplinary consequences, up to and including discharge. Labor Relations will review the investigative file to ensure that the procedures described herein were substantially followed.
5. If, after ...
First Incident. Following the first incident resulting in damage to the device, the device will be repaired at no cost, and the student and family will be warned about the consequences of further damage to the device.
First Incident. The employee will be counselled as to reasons and a first warning will be issued. The employee will be counselled as to reasons and a second warning will be issued. The employee will be counselled as to reasons and will be dismissed. Counselling and warnings issued in connection with this clause will be considered in conjunction with counselling and warnings issued for any other reason.
First Incident. After you review the device care and security sections of the MV Acceptable Use Agreement with your building administrator, you may be issued a replacement device, if one is available. Your building administrator will take into account the situation that led to the damage or loss. This may result in limiting your device use to in-school only, for a period to be determined by your administrator. You still will be required to complete all school assignments, and your teachers will make reasonable accommodations as needed. You and your family may be held responsible for the full cost of repair or replacement. SECOND INCIDENT: You may be restricted to use a device only at school, and the device must be checked in and out with the assigned building staff at the beginning and end of the school day. You may not be allowed to take the device home until you and a parent or guardian meet with a building administrator and agree to a plan for preventing the loss or damage in the future. You may face school disciplinary actions. You and your family may be held responsible for the full cost of repair or replacement.
First Incident. No charge for accidental damage to mobile device; letter to parents. Full price of repair or replacement for an intentionally damaged mobile device and a parent/guardian meeting with administrator required. For lost devices, student must report loss to student help desk within 10 days. If device is unable to be located, a parent/guardian meeting with administrator is required to determine eligibility for a replacement device. For stolen devices, a police report must be completed within 10 business days and a copy provided to the school administration.
First Incident. The employee will be counselled as to reasons and a first warning will be issued. The employee will be counselled as to reasons and a second warning will be issued. The employee will be counselled as to reasons and will be dismissed. ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ Nth Qld Pty Ltd Certified Agreement No 1- 2006 22 Counselling and warnings issued in connection with this clause will be considered in conjunction with counselling and warnings issued for any other reason.
First Incident. There is no charge for the first incident resulting in accidental damage to the Chromebook as it is covered under the CCPS policy. Parents will receive a ▇▇▇▇ with no charge for these repairs as notification.
First Incident. 1. If two trained administrators, using the “Observed Behavior-Reasonable Cause Record” (which is attached to this agreement) have made a determination that there is reasonable suspicion that an employee may be at work with detectable levels of alcohol (.04 or above), illegal, or unauthorized drugs in their body, the employee shall receive a Notice of Rights (attached). The Notice of Rights shall be signed by the employee to indicate that it has been received, and a copy shall be placed in an investigative file. The issuance of the Notice of Rights may not be grieved or arbitrated. The Notice of Rights is not considered discipline nor is it evidence of substantiated unprofessional conduct. No further action will take place unless there is another reasonable suspicion incident (within 36 months of the issuance of the notice) in which two trained administrators make a determination that there is reasonable suspicion that an employee is at work with detectable levels of alcohol (.04 or above), illegal, or unauthorized drugs in their body. an Deleted: an evaluation
2. Upon the first occurrence of reasonable suspicion, the employee will be placed on sick leave for the remainder of the day/shift and transported home. If the test results are positive, the employee may face adverse disciplinary consequences, up to and including discharge.
3. The employee shall be referred to the E.A.P.
First Incident. 13th September 2013