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16.

1200 Due Process


The Board may adopt reasonable rules and regulations not in conflict with the terms of this Agreement governing the discipline of teachers. No teacher will be disciplined, demoted, reduced in rank or compensation, dismissed, suspended with or without pay, deprived of any professional advantage or reprimanded without just cause. Discipline of teachers will be in accordance with basic concepts of due process of law and will be subject to the Grievance Procedure as set forth in this Agreetnent. All information forming the basis for disciplinary action will be made available to the teacher and the Association. Provided, however, that as soon as the Board institutes procedures under the Teacher Tenure Act against such teacher, the grievance procedure shall be suspended, as provided in Article 11.200.

16.1300 Controlled Substances


The Bay City Public Schools support programs aimed at the prevention of substance abuse by School District employees. Pursuant to statutory authority, the School District will provide preventative educational programs and refer employees experiencing substance-dependency related problems for counseling, assistance and rehabilitation programs. Such counseling or request for information are confidential and unrelated to petformance appraisals. Leaves of absence to obtain treatment shall be available under the sick leave/sick leave bank and other relevant leave provisions of the respective Master Agreements. Any employee involved in the unlawful use, possession, or distribution of tobacco, alcohol, or illegal drugs on School District premises, work sites or educational activities will be subject to discipline, up to and including discharge. Therefore, the parties agree that any employee on School District premises, work site, or as part of any of its educational activities:

A)

Who is under the influence of intoxicating liquor shall be subject to disciplinary action as follows: OFFENSE First Second DISCIPLINE Written reprimand with counseling required 3 days suspension without pay with mandatory counseling (or discharge if does not participate in counseling) 5 days suspension without pay with mandatory counseling (or discharge if does not participate in counseling) 10 days suspension without pay with mandatory counseling (or discharge if does not participate in counseling) Discharge

Third

Fourth

Fifth
B)

Who is under the influence of, or involved in the unlawful possession or use of, illegal drugs shall be subject to disciplinary action as follows:
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OFFENSE First

DISCIPLINE Written reprimand with mandatory counseling (or discharge if does not participate in counseling) Suspension without pay for 3 days

Second (if the activity involved would constitute a misdemeanor under Michigan law)

Discharge Third (or second, if the activity involved would constitute a felony under Michigan law)

C)

Who is involved in the unlawful sale, manufacture, or distribution or dispensation of tobacco, alcohol, or illegal drugs shall be subject to disciplinary action as follows:

OFFENSE First (if the activity involved would constitute a misdemeanor under Michigan law) Second (or first, if the activity involved would constitute a felony under Michigan law)

DISCIPLINE 3 days suspension without pay with mandatory counseling (or discharge, if does not participate in counseling)

Discharge

Any disciplinary action, including discharge, in A, B, and C above shall be subject to all applicable provisions in the respective Master Agreements, such as due process/ just cause and the grievance/arbitration procedure, or, if applicable, subject to the Michigan Teacher Tenure Act.

18.000 STAFFING PROCEDURE 18.150 Any teacher who is laid off and who in the future would reach age sixty-five (65) and who would lack up to two (2) years of service to acquire retirement benefits, shall be permitted to teach up to two (2) additional years so as to acquire such needed service, regardless of seniority. 18.200 Lay Off and Recall A reduction of staff (number of teachers employed by the Board of Education) exists when the number of allocated positions for the succeeding year is less than the number of allocated positions of the preceding year minus the number of known retirements, leaves, deaths, newly-created and additional positions known as of May 1st.
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