Common use of Rights of Professional Employees Clause in Contracts

Rights of Professional Employees. Section A - Due Process 1. No employee shall be disciplined, reprimanded, reduced in rank or basic compensation or suspended without just cause. Reprimands shall be made privately and not in the presence of students, parents, unit members or members of the community. 2. Although any violation of this provision may be used as a basis for a grievance, the Article does not apply to the evaluation or dismissal of contract or probationary employees or the nonrenewal of probationary employee contracts nor does it apply to assignment to or retention in extended responsibility assignments. Although assignment to or retention in extended responsibility assignments is excluded from the provisions of this section, the District will not arbitrarily remove an employee from an extended responsibility assignment during the term of the assignment. This shall not be construed as a limitation on the District's ability to remove and/or replace an employee at the end of the assignment. 3. Employees subjected to non-renewal or dismissal shall be afforded the procedural rights of due process in accordance with ORS 342.835 (probationary) or 342.865-915 (contract employees). 4. All members holding TSPC licenses may be dismissed as provided under ORS 342.805- 342.905. Any non-TSPC-licensed member not eligible for an appeal to Fair Dismissal Appeals Board, if in his/her fourth or later consecutive year of employment with the district, may appeal dismissal through the grievance procedure of this Agreement, but any arbitrator hearing such a grievance must apply the standards used by the Fair Dismissal Appeals Board for review of dismissal of a contract employee, as set forth in ORS 342.865-342.905. 1. A complaint is an allegation against an employee, an expression of dissatisfaction or concern, or a protest about an employee that is submitted to an administrator either verbally or in writing. A complaint may be submitted by a parent, a student, another employee, or other person. 2. A serious complaint may include allegations of illegal actions, violations of the law, and/or policy violations that require immediate referral to law enforcement agencies, Department of Human Services (DHS), or other appropriate state agency. Such serious complaints are excluded from the terms of Sections B and C of this article and do not require adherence to the stated timelines and/or procedures. 3. If a complaint is made against an employee to an administrator, supervisor or Board member, such a complaint shall be processed under the following circumstances: a. If the District intends to make a record of the complaint in the employee’s evaluation report; or, b. If the District intends to place a record of the complaint in the employee’s personnel file or to take any other disciplinary action against the employee; or, c. If in the District’s judgment, the complaint is sufficiently relevant to the employee’s performance as to require a conference.