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KNOW YOUR CONTRACT: DUE PROCESS IS YOUR RIGHT!

Week of August 27, 2012

Based on recent cases involving the overreaction or lack of knowledge and/or training of some senior staff members, we think it wise that AALA members be reminded of the rights that have been negotiated through the collective bargaining agreements with the District.

One key provision in both the certificated and the classified contracts is that of due process. Due process (Dr. Deasy and ESC Superintendents, please take note) is a legal requirement that protects an individual from unfair, arbitrary or unreasonable treatment based on the 5th and 14th Amendments to the U.S. Constitution. It was originally related to laws that could be passed by states but extends to employment laws as well. Employees are to have substantive and procedural due process rights with regard to discipline or termination. Due process can relate to the evaluation process as well as the disciplinary process.

Due process includes the concept of progressive discipline and prohibits disparate treatment. LAUSD students

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Associated Administrators of Los Angeles

1910 Sunset Blvd., Suite 850
Los Angeles, CA 90026
(213) 484-2226 Fax (213) 484-0201

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