Section 1. Performance Review
The Employer shall be allowed to review a teacher’s performance and take steps to discipline for just cause. Due process shall be provided.
Section 2. Advance Notice of Anticipated Action
When a teacher faces disciplinary action, beyond verbal notification, they are entitled to advance notice of the anticipated action. Notice can be either oral or written and should include the following:
1. Explanation of concerns
2. Explanation of evidence of supporting such concerns
3. Opportunity for the teacher to present their side of the story or defense
Orally or in writing
In a timely manner (within 48 hours of the advance notice)
Section 3. Discipline Levels
Levels of Discipline:
Written Reprimand
Written Notice of Deficiency which shall include a corrective action plan and timeline.
Suspension without pay for up to five (5) days. Upon mutual agreement of the employer and the teacher, the suspension without pay may be substituted by a fine for the equivalent number of days. This means that the teacher will work on those days, which would have been unpaid days of suspension, but the teacher’s pay will be docked for the full gross salary.
Termination pursuant to M.S. 122A. 40, Subd. 9.; or
Immediate discharge pursuant to M.S. 122A.40, Subd 13.
Subd. 1. A teacher will be informed of their right to have an EM-R representative present at each level of discipline.
Subd. 2. A grievance at any level of the disciplinary process may be filed by the exclusive rep except for termination or immediate discharge which shall be in accordance with M.S. 122A.40, Subd.12.
Subd. 3. Non-renewal of probationary teachers shall not be grievable.
Subd. 4. Teachers may be suspended with pay during investigations. It is expressively understood that suspension with pay does not constitute discipline. The employer shall notify the EM-R President immediately and in writing when a teacher is suspended with pay.