GDQDDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
SUPPORT STAFF MEMBERS
GDQDProcedures for discipline are based upon the employment status of the individual. The major types consist of term employees and at-will employees as defined in Policy GDB. Employment status is determined by contractual relationship.
Procedures for discipline of a support staff member are important to correcting inappropriate behavior as an option to dismissing the employee. An employee who fails to respond to such attempts to correct inappropriate behavior(s) may be dismissed. When an infraction is serious, the support staff member may be suspended or dismissed as a first step. Disciplinary actions are not grievable under the District's grievance policies.
Categories of Misconduct
Support staff members may be disciplined for infractions that fall into, but are not limited to, the following categories:
A. Committing fraud in securing appointment.
B. Exhibiting incompetence in their work.
C. Exhibiting inefficiency in their work.
D. Exhibiting improper attitudes.
E. Neglecting their duties.
F. Engaging in acts of insubordination.
G. Engaging in acts of child abuse or child molestation.
H. Engaging in acts of dishonesty.
I. Being under the influence or having possession of alcohol while on duty.
J. Engaging in the use or having possession of narcotics or habit-forming drugs or other illegal substances.
K. Being absent without leave.
L. Engaging in discourteous treatment of the public.
M. Engaging in improper political activity.
N. Engaging in willful disobedience.
O. Being involved in misuse or unauthorized use of school property.
P. Being involved in excessive absenteeism.
Q. Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization from the appropriate school administrator.
Nondisciplinary Action
Not all administrative actions regarding a support staff member are considered "discipline," even though they may involve alleged or possible violations by the support staff member. This policy has no application to any of the following:
A. The ratings, comments, and recommendations for improvement concerning an employee's performance made in the course of observation and evaluation, which are not deemed disciplinary in nature and are not subject to hearing, appeal, or grievance.
B. Letters or memorandums directed to a support staff member containing directives or instructions for future conduct.
C. Counseling of a support staff member concerning expectations of future conduct.
D. The discretion of the Superintendent in placing support staff members on administrative leave.
At-Will Employees
An at-will employee may be suspended with or without pay by the supervising administrator for a period not to exceed ten (10) working days, providing a courtesy opportunity is afforded for presentation of the staff member's version of the incident that is the basis of the alleged infraction prior to invoking the suspension.
Term Employees
Minor Disciplinary Actions
Minor disciplinary action may include, but not be limited to, warnings, verbal or written reprimands, suspension with or without pay for up to ten (10) days, dismissal, or some combination of these penalties. Minor disciplinary action will be imposed by the employee's immediate supervisor. The immediate supervisor prior to imposing any discipline will complete the following:
Written Notice of Intent to Impose Discipline. Provide a written notice of intent to impose discipline to the employee setting forth the reasons for the discipline, the violations of School District policy, and the type of discipline being considered by the immediate supervisor. The notice of intent to impose discipline will include a time and date in which the employee may discuss the discipline with the immediate supervisor.
Informal Meeting. An informal meeting with the immediate supervisor will occur no less than twenty-four (24) hours after the employee has received the notice of intent to impose discipline. The meeting with the immediate supervisor will be informal and it will provide the employee an opportunity to respond to the notice of intent to impose discipline and for the immediate supervisor to ask any questions and review the notice of intent to impose discipline with the employee.
Immediate Supervisor's Written Decision Regarding Discipline. After the immediate supervisor has met with the employee, and allowed the employee an opportunity to respond to the notice of intent to impose discipline, the immediate supervisor will make a determination as to whether there is a basis to go forward with the discipline and will make a decision to impose discipline. A written notice of the disciplinary action (if any) will be provided to the employee within five (5) working days of the informal meeting with the employee.
Appeal of Immediate Supervisor's Decision. If the employee does not agree with the disciplinary action, the employee has the right to appeal to the next administrative level for further review of the discipline. The employee will appeal by providing written notice to his/her immediate supervisor and notice to the next administrative level of the intent to have the discipline appealed and setting forth, with specificity, the reasons that the employee is appealing the disciplinary action within two (2) working days of receiving notice of the disciplinary action.
Review of Appeal. The next administrative level will, within three (3) work days of receiving the appeal review the notice of intent to impose discipline, the notice of discipline, the appeal, and any other documents provided to the next administrative level by the employee. If necessary, the next administrative level administrator may discuss this matter informally with both the appealing employee and the administrator imposing the discipline.
Written Decision of Appeal. The next administrative level administrator will make a written decision regarding the discipline within five (5) school days of receiving the appeal. The decision of the next administrative level administrator will be final.
Appeal Stays Imposition of Discipline. If the employee appeals his immediate supervisor's discipline to the next administrative level, this will stay the imposition of the discipline until after the next administrative level administrator has had an opportunity to review the appeal and to make the final decision on the discipline. Once the final decision is rendered by the next administrative level administrator the discipline will take effect and the discipline will become part of the employee's permanent personnel file.
Major Discipline of Term Employee
other than Dismissal
The Superintendent may suspend with or without pay a term employee for more than ten (10) work days without pay for any conduct that, in the opinion of the Superintendent, is inappropriate. Prior to the suspension, the same notice and hearing procedure shall be utilized as for the dismissal of a term employee except that, for a long-term suspension (more than ten [10] work days), the hearing officer will be appointed by the Superintendent and not the Governing Board. The findings of the hearing officer will be final.
Dismissal of a Term Employee
A support staff term employee may be terminated for cause by action of the Governing Board at any time during the contracted period.
Notice of Recommendation for Termination/Statement of Charges. If the Superintendent recommends termination of a term employee, notice of the recommendation for termination shall be presented to the Governing Board. This notice to the Board will include a statement of charges and cite School District policy violated.
Review of Recommendation by Governing Board. If after reviewing the recommendation notice with the statement of charges, the Governing Board believes that, if it is proven true, that cause would exist for termination, the Governing Board will accept the administrative recommendation that cause exists for termination and direct that the notice termination be delivered to the employee.
Delivery of Written Notice of Termination. The notice of termination will be delivered to the employee either personally or by United Stated Registered or Certified Mail addressed to the employee's last known address. The notice of recommendation of termination and statement of charges shall include, with specificity, the reasons for the recommendation for termination, and the policies violated by the employee.
Employee's Written request for Hearing. The employee may, thereafter, request a hearing in writing within three (3) work days from receipt of the notice. The request for hearing shall be made directly to the Superintendent's office. If the employee does not appeal the notice of termination the termination will automatically become effective without any further action of the Governing Board on work day four (4) from the receipt of the notice.
Notice of Hearing and Hearing. If a hearing is requested, the Superintendent shall provide the employee with notice of the date and time of the hearing and (if not heard by the Governing Board) the name of the person designated by the Governing Board to conduct the hearing. The hearing shall take place within not less than five (5) working days and not more than thirty (30) calendar days after the employee has requested a hearing. The employee and the District may stipulate to a different timeline for the hearing. The hearing date may also be continued by the hearing officer at the request of the employee or the District for such other reasons as the hearing officer may deem appropriate.
The Hearing Notice shall contain the following:
A. A statement of charges containing an explanation of the District's reasons and the policies alleged to have been violated by the employee.
B. A statement regarding an opportunity to be represented by counsel (at the employee's own expense) and to present the employee's side of the circumstances that are considered the reasons for the dismissal.
C. A statement regarding an opportunity to present witnesses and to cross-examine the District's witnesses. Formal rules of evidence shall not apply.
D. Copies of all documents the District intends to introduce into evidence.
E. A record of the hearing shall be made by use of a mechanical device.
Hearing Officer's Findings of Fact. If a hearing officer is used, the hearing officer shall prepare written Findings of Fact and Recommendation stating whether there is cause to terminate the employee. The written Findings of Fact and Recommendation shall be submitted to the Governing Board within ten (10) working days after the conclusion of the hearing.
Board Review of Hearing Officer's Findings of Fact/Decision of Board. The Board shall review the recommendation and decide whether to accept the recommendation or impose a lesser discipline or remand it back to the hearing officer for a further hearing. The Board's determination shall be final.
The Governing Board's written decision shall be provided to the employee within three (3) working days from the Board reviewing the hearing officer's Findings of Fact/Recommendation and the Board's decision shall become effective upon receipt of the decision by the employee. If the Governing Board conducts the hearing, the Board shall render a written decision within ten (10) working days after the conclusion of the hearing and its decision shall be final and become effective upon receipt of the written decision by employer.
Discontinuation of At-Will
Employment
An at-will employee shall be provided an opportunity to discuss the reasons for discontinuation of employment before a recommendation is made to the Governing Board that the employee be discontinued in employment. The immediate supervisor shall provide the reason(s) for discontinuance to the staff member upon the staff member's written request for the information. Upon Governing Board concurrence with a recommendation of discontinuation of employment, the staff member shall be given three (3) days notice of the discontinuance of employment.
Nonrenewal of a Term
Employee
A support staff member on a contract will be provided reasonable notice prior to the expiration of the contract if the District should determine not to renew the contract.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-2911
15-153
15-341
15-502
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules