GBP
PROHIBITED  PERSONNEL  PRACTICES

Disclosure  Protected

It is a prohibited personnel practice for any District employee, who has control over personnel actions, to take reprisals against another employee for a disclosure of a matter of public concern, by that other employee, to a public body when the employee believes there has been:

A.  A violation of law.

B.  Mismanagement, a gross waste of monies, or an abuse of authority.

An employee, or former employee, who believes that an adverse personnel action taken is the result of such person's disclosure of information under A.R.S. 38-532 shall submit a written complaint to the Board no later than ten (10) working days after the effective date of such action.  The Board shall make a determination as to whether a prohibited personnel practice was committed against the employee or former employee as a result of a disclosure of information by the employee or former employee.  Consistent with A.R.S. 41-783, the following procedures shall apply:

A.  The complaint must state specific facts relating directly to the charges on which the appeal is based.

B.  The Superintendent or the Superintendent's designee shall engage a hearing officer from the list of hearing officers approved by the Board to hear student discipline appeals and other personnel matters, who shall hear the complaint within thirty (30) days of receipt by the Board of the complaint. 

C.  The Board, or the Superintendent acting as the Board's designee, shall provide the employee at least twenty (20) days notice in advance of the hearing.

D.  The employee may select a representative of his or her choosing, providing that any non-attorney representative charges no fees for any services rendered in connection with such hearing.

E.  The employee may present and cross-examine witnesses and give evidence before the Board.

F.  All hearings are open to the public unless the employee requests a confidential hearing.

G.  If the disciplinary hearing would involve evidence the law prevents the District from disclosing, then the hearing officer shall grant a confidential hearing upon the request of the administration.

H.  The District shall prepare an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits.

I.  Either party may request a transcription of the record.  If a party requests a transcription of the record, an entity, other than the Board, selected by the requesting party shall transcribe the record at the cost of the requesting party.

The Decision:

A.  The hearing officer, within ten (10) days of the hearing, shall provide a written determination to the Board, and send a copy to the employee by certified mail at the employee's address as given at the time of the hearing or to a representative designated by the employee to receive a copy of the decision.  If the employee wishes to challenge the hearing officer's determination, the Governing Board shall set a hearing within thirty (30) days.

B.  If the employee does not wish to challenge the hearing officer's determination, the Governing Board shall vote to approve, modify or reverse the hearing officer's determination at the next regularly scheduled Board meeting, or at a special meeting if there is no regularly scheduled meeting within thirty (30) days following receipt by the Board of the hearing officer's determination.

C.  If the Governing determines that a prohibited personnel practice was committed as a result of the disclosure of information by the employee or former employee, the Governing Board shall rescind the personnel action and order that all lost pay and benefits be returned to the employee or former employee.  In addition, the District shall take appropriate disciplinary action, up to and including dismissal, against the employee who committed the prohibited personnel practice. 

D.  The Board may also modify or reverse an action if the Board finds the action to be arbitrary, capricious, disproportionate to the proven offense in light of mitigating circumstances, or otherwise contrary to law.

Appeal from Decision of the Governing Board

The employee, or former employee alleged to have committed a prohibited personnel practice may appeal the decision of the Governing Board to the Superior Court.

Reporting  Protected

A governing board or school or school district employee who has control over personnel decisions shall not take unlawful reprisal against an employee for good-faith reports about certificated personnel engaged in conduct involving minors that is reportable under A.R.S. 13-3620 (Reporting Child Abuse).  Unlawful reprisal means an action taken by a governing board or school or school district employee who has control over personnel decisions that results in:

A.  Disciplinary action.

B.  Transfer or reassignment.

C.  Suspension, demotion, or dismissal.

D.  An unfavorable performance evaluation.

E.  Other significant changes in duties or responsibility that are inconsistent with the employee's salary or employment classification.

Adopted:  June 24, 2025

LEGAL REF.:
A.R.S.
15-213
15-514
23-425
38-532
41-783

CROSS REF.:
DJ - Purchasing 
DJE - Bidding/Purchasing Procedures