A.  An employee who has not acquired tenure as defined in Article III, or who is not eligible therefor, may not be dismissed during the term of the contract except for just cause.  Such an employee may be otherwise disciplined for just cause which warrants disciplinary action, but falls short of cause for dismissal.  This may include suspension without pay.

1. Notwithstanding grievance and arbitration procedures hereinafter specified, any grievance arising from the dismissal of a teacher for serious and/or public immorality, and/or public rejection of official doctrine or teaching of the Church, and/or the policies of the Diocese of Camden related thereto as stated by the Bishop of the Diocese shall first be discussed orally with the principal.  The charge shall then be reduced to writing and presented to the teacher.  The teacher or Union may then file a grievance at the Office of Superintendent level.  If the grievance is not resolved at the previous level, the teacher or the Union may request arbitration by the Bishop of the Diocese, or his designee.  In those matters which, in the sole and absolute discretion of the Bishop of the Diocese, concern serious and/or public immorality and/or public rejection of official doctrine and/or teachings of the Church and/or the policies of the Diocese of Camden related thereto as stated by the Bishop, the Bishop of the Diocese shall be the ultimate judge whose decision shall be final and binding on all concerned.

C.  Non renewal of the contract of a non-tenured employee may not be for reasons arbitrary and capricious.  Any non-tenured employee whose contract is not renewed shall be notified to that effect in writing by May 20 of any school year in which such termination shall take effect at the close of the school year in which the contract is so terminated.  Such notification of non-renewal shall be preceded by a written notice given to the employee no later than twenty-five (25) school days prior to May 20 unless the cause for such action specifically arises after this date.  This notice shall contain the reasons for considering non-renewal of the employee's contract and should be interpreted to include but not be limited to the evaluation reports and notices of deficiency.  Non renewal of a non-tenured employee may be appealed to step 2 of the grievance procedure.  The decision at that step shall be final.

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