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Due process vs just cause

Due Process Just Cause
A. Always required (constitutional basis); A. Required only if specified in contract or policy;
B. Notice of the changes and opportunity to respond before decision in each case; B. Answer these seven (7) questions in each case:
1. Was the employee adequately warned of the consequences of his/her conduct?
2. Was the district’s rule or order reasonably related to efficient and safe operations?
3. Did management investigate before administering the discipline?
4. Was the investigation fair and objective?
5. Did the investigation produce substantial evidence or proof of guilt?
6. Were the rules, orders and penalties applied evenhandedly and without discrimination?
7. Was the penalty reasonably related to the seriousness of the offense and past record?
C. Cases are about process, not substance C. Cases are about substance and process
D. Reasons for dismissal: D. Reasons for dismissal:
1. probationary: any reason deemed in good faith; 1. probationary: answer all seven questions, especially question seven.
2. contract (only for): 2. contract: answer all seven questions, especially question seven, and only for:
a. inefficiency; a. inefficiency;
b. immorality; b. immorality;
c. insubordination; c. insubordination;
d. neglect of duty, including duties specified by written rule; d. neglect of duty, including duties specified by written rule;
e. physical or mental incapacity; e. physical or mental incapacity;
f. conviction of felony or of a crime according to the provisions of ORS 342.143; f. conviction of felony or of a crime according to the provisions of ORS 342.143;
g. inadequate performance; g. inadequate performance;
h. failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth; or h. failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth; or
i. any cause which constitutes grounds for the revocation of such contract teacher’s teaching license. i. any cause which constitutes grounds for the revocation of such contract teacher’s teaching license.