Right to Due Process Sample Clauses
The Right to Due Process clause guarantees that individuals are entitled to fair and impartial legal procedures before being deprived of life, liberty, or property. In practice, this means that a person must receive adequate notice of legal actions against them, have an opportunity to be heard, and be judged by an unbiased decision-maker. This clause serves to protect individuals from arbitrary or unjust actions by the government, ensuring that legal proceedings are conducted transparently and equitably.
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Right to Due Process. All employees within the bargaining unit are entitled to due process. The Board agrees to make clear expectations for employees. Letters of Direction will be used by the District to clarify expectations, prior to initiating progressive discipline where appropriate under the circumstances. The Board agrees to follow a policy of progressive discipline, where appropriate under the circumstances, which includes written warnings and reprimands, suspension with pay, suspension without pay, or discharge. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates such action. No employee shall be disciplined (including warnings, reprimands, suspensions or discharge) without just or sufficient cause. Any such discipline shall be subject to the grievance procedure. The District will notify the Association as to the occurrence of the disciplinary action. Any derogatory document not provided to an employee within fifteen (15) working days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee’s character or manner shall be kept or placed in his/her personnel file(s) without the employee having indicated he/she has seen the material by signing and dating it, being provided a copy of the material, and having the opportunity to attach his/her own comments. Such written response shall become part of the employee’s written personnel records. Employees have the right to have a representative of the Association and/or counsel present when being disciplined. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation prior to action being taken. When a request for representation is made, no action shall be taken with respect to the employee until such representation of the Association and/or counsel is present. Employees, who are subject to an investigatory conference for possible disciplinary action, will be notified by the district in advance that the employee has the right to representation during the conference involving the district and the employee. All information forming the basis for any disciplinary action shall be made available to the employee.
Right to Due Process. No employee shall be reprimanded, disciplined, or reduced in rank or compensation without just cause. An employee shall be entitled to have present a representative of the Association during any formal disciplinary action. 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. If representation is not arranged within ten (10) working days of written notification to the employee, the District may proceed with action against an employee. For the purpose of interpretation of this section, formal disciplinary action shall mean situations in which an employee is to receive a suspension from work, a written reprimand or a notice of termination.
Right to Due Process.
A. No employee shall be disciplined, discharged, non-renewed, or deprived of professional advantage without just cause. The specific grounds forming the basis for any of the above actions will be made available to the employee and Association in writing. Discipline shall be progressive and any action taken against an employee shall be appropriate to the behavior, which precipitates said action. Any such discipline, including adverse evaluation of certificated personnel performance shall be subject to the grievance procedure hereinafter set forth, except as limited therein.
B. An employee shall be entitled to and be informed of his/her right to have representation of the Association prior to any disciplinary action excluding supervisory criticism or suggestions for improvement or oral warnings verbal/reprimands, which independently do not form a basis for formal action. When a request for such representation is made, no action shall be taken with respect to the employee until such representation of the Association is present.
C. Any complaint or charge of misconduct made against an employee by any parent, student, or other person will be promptly called to the attention of the certificated employee.
D. 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 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 him/her. 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.
Right to Due Process. The Academic Employee has the right to due process which may include an informal and/or formal process.
28.1.1 When an instance or complaint arises that is of such nature that the administration believe it warrants further clarification, outside those covered in Board Policy #503 Gender Equity, the administration may first try to resolve the issue in confidence with the employee through the informal process. Steps of the Informal Process outlined in 27.1.2 below are not considered official actions.
Right to Due Process. 1. Due Process Employees have the right to due process in any matter which may adversely affect the employee’s contractual employment status with the district. Employees shall not be reprimanded, disciplined, suspended, reduced in rank or compensation, non-renewed or discharged without just cause. The right to due process includes:
a) notice of any meeting with a district representative. Such notice must include a statement of the nature of the meeting and the employee’s right to representation;
b) the right to representation in any meeting with a district representative. When a request for representation is made, no action shall be taken until the employee has secured representation, but no meeting shall be delayed more than three (3) working days without mutual agreement.
c) notice of allegations or charges against the employee;
Right to Due Process. No employee shall be discharged prior to the end of his or her supplemental contract term without just cause.
Right to Due Process. No employee shall be reprimanded, disciplined, or reduced in compensation without just cause. In any event, any charges which are made shall be reduced to writing and made available to the employee. An employee shall have the right to have one Association representative of the employee's choice present at any meeting wherein the employee believes they may be reprimanded, disciplined, or denied rights available under this Contract. Nothing herein shall be construed to preclude a Vice President or other appropriate administrative person from attempting to resolve problems with an employee in confidence. Matters relating to tenure, dismissal and layoff shall be covered in Articles 34, 35, and 36 respectively and such instances shall not be covered by this subsection.
Right to Due Process. 1 Just Cause— No employee shall be disciplined without just cause.
Right to Due Process. A. No employee shall be formally disciplined without just cause. Formal discipline is defined as disciplinary action which results in a written record being placed in the employee's personnel file. Matters involving probation, adverse contract changes (including nonrenewal and discharge of a supplemental/extracurricular contract) shall not be considered formal disciplinary action for purposes of this section.
B. The specific grounds forming the basis for the formal disciplinary action will be made available to the employee, and to the Association, upon written request of the employee.
C. Employees shall be given prior notification of their right to have a representative of the Association present during any formal disciplinary action. When a request for representation is made, no action shall be taken with respect to the employee until such representative of the Association is present, provided that no more than a 24-hour delay is incurred by unavailability of such representative.
Right to Due Process. No employee shall be formally reprimanded or disciplined without just cause. Normally, verbal warnings shall precede formal disciplinary action. A certificated employee shall have the right to face his accuser(s). A certificated employee shall be entitled to have a representative of the Association present during any formal disciplinary action. All information forming the basis of any charge shall be made available to the employee in writing within seven (7) days of receipt or composition. Any information not shown to the employee shall not be allowed as evidence in discipline. When a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association has had an opportunity to be present. The time of said meeting shall be by the end of the following workday unless another time is mutually arranged. Any suspension of a teacher pending charges shall be with pay. Any written complaint not called to the attention of a certificated employee within seven (7) days may not be used as the basis for any disciplinary action.