DISCIPLINARY ACTION CHECKLIST - IAFC
DISCIPLINARY ACTION CHECKLIST - IAFC
DISCIPLINARY ACTION CHECKLIST - IAFC
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HOW MUCH PROCESS IS DUE PROCESS?<br />
The Due Process Clause is found in the 14 th Amendment of the United States<br />
Constitution. It provides that certain procedures of basic fairness and notice must<br />
be afforded before an individual can be deprived of life, liberty or property. The<br />
Courts have interpreted this to mean that public employees are generally entitled<br />
to pre-disciplinary and post-disciplinary due process.<br />
Minimum requirements for pre-disciplinary due process:<br />
• The Department must give notice of all the charges against the<br />
employee.<br />
• The Department must provide the intended disciplinary action including<br />
the timing.<br />
• The Department must provide the employee a meaningful opportunity<br />
to be heard in a timely manner prior to the imposition of discipline.<br />
• The Department must provide consequences of the employee’s failure<br />
to respond.<br />
• The Department’s decision must be supported by substantial evidence.<br />
• The more important the individual right in question, the more process<br />
must be afforded.<br />
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