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ARTICLE XXIV
DISCIPLINE
24.1 Except for the provisions of Education Code 44939, 44940 and 44942, no unit member shall be suspended for up to fifteen days without just cause and according to the principles of progressive discipline.
24.2 The District shall notify the Association concurrently with notification to the unit member of any disciplinary action taken or contemplated in writing. The notice shall contain a specific statement of the act(s) or infraction(s) upon which the disciplinary action is based, the proposed disciplinary action to be taken by the District and where applicable, a statement of the rules, regulations, or statutes which the unit member is alleged to have violated. All information or proceedings regarding any such actual or proposed disciplinary action shall be kept confidential by the District.
24.3 Any proposed or actual suspension of a bargaining unit member shall be preceded by written notice of the right to appeal the action by filing a grievance as provided in Article V (Grievance Procedure) of this Agreement.
24.4 This Article shall be interpreted in accordance with accepted arbitral standards and applicable State and Federal laws.
24.5 Any disputes arising out of this Article may be submitted to final and binding arbitration as provided in Article V (Grievance Procedure) of this Agreement and all proposed actions against a unit member shall be stayed until the arbitrator’s decision is rendered, except in cases of severe violation or in instances of when the possible consequences of potential repetition requires immediate action, in which case the unit member shall be suspended with pay pending the outcome of the arbitration.
24.6 Suspensions may be without pay, but shall not reduce or deprive the unit member of fringe benefits.
24.7 This Article shall not reduce the rights of permanent bargaining unit members contained in Education Code Sections 44932 and 44944. |
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