Section A - No employee (including tenured, non tenured) covered under the terms of this Agreement shall be disciplined, reduced in compensation, suspended for disciplinary reasons, terminated, or adversely evaluated without just cause. To have just cause the Employer or its agents must comply with the following:

1. The employee has had opportunity to have foreknowledge of the possible or probable disciplinary consequences of the conduct or performance.
2. The rule or order is reasonably related to the efficient and safe operation of the district.
3. Before administering discipline, the employer did make an effort to discover whether the employee did, in fact, violate a rule, regulation or order of management.
4. The employer's investigation was conducted fairly and objectively.
5. The investigation produced substantial evidence or proof that the employee was guilty as charged.
6. The district applied its rules, orders, and penalties without discrimination.
7. The degree of discipline administered in the particular case reasonably related to (a) the seriousness of the employee's proven offense, and (b) the employee's record of district service.

All information forming the basis for disciplinary action will be made available to the employee.

Section B - Any employee who is to be reprimanded in writing or formally disciplined by the Employer or its agents shall have the right to a meeting with the Superintendent/designee. A representative of the Association may be present when requested by the employee. Any employee who is to be reprimanded in writing shall have the right to a meeting with the person issuing the written reprimand.

Section C - Any complaint made against an employee which may be used in any manner to adversely affect the employee shall be first promptly called to the attention of the employee. The employee must be afforded an opportunity to answer the complaint and meet with the complainant within two weeks of receipt of the complaint in order to clarify the situation.

In order for the complaint to be made a matter of record, the principal or appropriate administrator must then discuss the matter in a conference with the employee absent the complainant at which time the employee may have a representative of the Association present. A written summary of the conference shall be made with a copy provided to the employee who will have the opportunity to make a written response for inclusion in the record. The written summary may then be used to support a reprimand, if appropriate, or as a part of the next formal written evaluation.

Section D - When a tenured employee is being terminated the Association will meet with the employee and notify the Employer of which alternative remedy of appeal will be pursued. The employee may select either the tribunal process provided for by statute or the arbitration process provided for in this Agreement. If the employee selects the tribunal process the employee will notify the state of intent to appeal and thus waive the contractual rights to arbitration under this Agreement. If the employee and the Association opt to use the grievance arbitration procedure, the employee waives the right to a tribunal. If the employee opts to pursue a complaint using another agency, the parties agree to hold the grievance in abeyance until the agency complaint is resolved.