ARTICLE XVIII
DISCIPLINARY SUSPENSIONS

Section 1 -- Suspension
  The District shall have the right for just cause to suspend unit members without pay for not more than six (6) working days in any one (1) school year.

Section 2 -- New Classifications/Unit Accretions
  The District agrees to meet and discuss with the Association the inclusion or exclusion of any newly instituted certificated job classification.  If the District and the Association fail to agree upon the inclusion or exclusion of the new certificated job classification, the issue will be submitted to the Public Employment Relations Board.  The District and the Association may jointly agree upon any other means to resolve disputes under this Section.
  A. Unit members and the Association shall receive written notification of the District's intent to suspend prior to such action. With the notice of intent to suspend, the unit member shall receive notice of the effective date of the intended action, a statement of charges, and a statement of particular facts upon which the charges are based. The unit member shall also receive copies of or access to documents or other materials that support the proposed action. The unit member shall be given an opportunity to respond, either orally or in writing, to the proposed action.
  B. Following the unit member's response, if any, a determination will be made by the District as to the appropriate disciplinary action, if any.
  C. If the District determines that action should be taken, the unit member and the Association shall receive, in person or by certified mail, notice of this determination, accompanied by notice of the effective date of the action, a statement of the specific acts and/or omissions upon which the disciplinary action is based, copies of or access to documents and other materials that support the action, and a statement advising the unit member of the employee's right to appeal.

Section 3 -- Appeal
  The unit member shall have ten (10) days following the delivery of the notice of suspension to file a grievance at Level II of the grievance procedure. If the grievance is not resolved at Level II of the grievance procedure, the Association may request binding arbitration under the terms of the expedited arbitration procedures set forth in this Article.

Section 4 -- Expedited Arbitration Procedures
  The arbitration of appeals from suspension shall be governed by the following additional rules:
  A. Neither party may use an attorney to present the case.
  B. There shall be no court reporter present, nor shall a transcript be made.
  C. Both parties may close with oral argument. Post-hearing briefs will not be allowed.
  D. The arbitrator shall only prepare a set of simple findings of fact and an award.