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11.01 Discipline (a) The BOARD/Administration shall have the right to discipline; (e.g., verbal warning, and/or disciplinary suspension without pay) for good and just cause. Disciplinary action of any type taken by the BOARD/Administration shall be subject to the grievance/arbitration provisions of this Agreement. (b) The procedures set forth in Sections 4.04 shall be applicable to the issuance of discipline. 11.02 Non-Renewal (a) Notwithstanding any provisions of the Ohio Revised Code which requires otherwise, it is agreed and expressly understood by the BOARD and the ASSOCIATION that during the term of this AGREEMENT the language in this section shall be considered the complete and total non-renewal provisions of the School District. (b) A recommendation by the Superintendent to the BOARD for the non-renewal of an employee's regular limited contract shall take into account the employee's ability or lack thereof, and the degree of professional competency of the employee, or the lack thereof. (c) A full written record of evaluation of an employee's professional service shall be maintained in accordance with the evaluation procedure and such written record shall be complete prior to any recommendation for the non-renewal. (d) Upon a decision by the Superintendent to recommend non-renewal of an employee's contract, but prior to the Superintendent's recommendation of non-renewal to the BOARD, the Superintendent shall notify the employee in writing of said non-renewal decision, which shall include the reasons for his recommendation. The employee shall have the opportunity for a conference with the Superintendent to discuss the reasons for the non-renewal recommendation. In the event the Superintendent's reasons for non-renewal are not disclosed in the employee's written evaluation record, such reasons shall have been properly documented as required by the provisions of this Agreement. (See Article VII, Section 7.03.) (e) The Superintendent shall recommend and the BOARD shall act on a non-renewal recommendation prior to April 30 of the year in which the employee's contract expires. (f) Within seven (7) calendar days of receipt of the BOARD's written notice of non-renewal, the employee may request in the writing to the Treasurer of the BOARD a hearing with the BOARD regarding the contract non-renewal. Said employee shall be notified within ten (10) calendar days of the time, date, and place of the hearing which shall be within thirty (30) calendar days of the request. (h) The BOARD shall issue a written decision and order to the employee within (10) calendar days of the conclusion of the hearing either affirming or vacating the BOARD's action of non-renewal. Should the BOARD vacate the non-renewal, all reference to said non-renewal shall be expunged from the employee's record. (i) The employee shall have the right to representation by the ASSOCIATION at each step of this procedure. (j) Upon completion of the procedures set forth in this Article, the employee may use the grievance-arbitration procedures in this Agreement to grieve procedural but not substantive/merit issues, with the arbitrator having the authority in an appropriate case to remedy procedural errors only. 11.03 Dismissal (a) The BOARD shall also have the right to terminate the contract of an employee for just cause. The procedures to be followed in terminating the contract of an employee shall be the procedures specified in the applicable provisions of the Ohio Revised Code. The termination of an employee shall not be subject tot he grievance/arbitration provisions of this Agreement but shall be subject to the procedural appeal provisions of the Ohio Revised Code.