GCQFDISCIPLINE, SUSPENSION, AND DISMISSAL
OF PROFESSIONAL / SUPPORT STAFF MEMBERS
GCQFMinor Disciplinary Action
A staff member may be disciplined for any conduct that, in the judgment of the School, is inappropriate. Minor disciplinary action includes, without limitation thereto, verbal or written reprimands, suspension with pay, or suspension without pay for a period of five (5) days or less. Minor disciplinary action shall be imposed by the staff member's supervisor. A staff member who wishes to object to a minor disciplinary action shall submit a written complaint to the supervisor's superior within five (5) work days of receiving notice of the disciplinary action. The supervisor's superior will review the complaint and may confer with the staff member, the supervisor, and such other persons as the supervisor's superior deems necessary. The decision of the supervisor's superior will be final.
Suspension without Pay for More
than Five Days
At-will employees. The employment of an at-will employee may be suspended without pay for a period of more than five (5) days by action of the Executive Director for any conduct by the employee that, in the judgment of the Executive Director, is inappropriate. Before suspending an at-will employee, the Executive Director shall inform the employee of intent to suspend the employee and shall give the employee an informal opportunity to explain why, in the employee's opinion, the suspension should not be imposed. The Executive Director's decision will be final.
Term employees. The employment of a term employee may be suspended without pay for a period of more than five (5) days by action of the Executive Director for any conduct that, in the judgment of the Executive Director, is inappropriate. If the Executive Director intends to suspend a term employee without pay for more than five (5) days, the notice and hearing procedures prescribed for the dismissal of term employees shall be followed, except that the hearing officer shall be designated by the Executive Director and the findings of the hearing officer shall be a final decision. At the Executive Director's option, the Executive Director may request that the School Governing Body act as the hearing officer. If the hearing officer or the School Governing Body finds that there is not cause to suspend the employee without pay for more than five (5) days, the Executive Director may, after reviewing the findings, impose minor disciplinary action.
Dismissal
At-will employees. The employment of an at-will employee may be terminated by action of the Executive Director for no reason, without advance notice. If an administrator recommends that the Executive Director terminate an at-will employee, the recommendation shall be submitted in writing and a copy of the recommendation shall be delivered to the employee.
Term employees. The employment of a term employee may be terminated for cause by action of the Executive Director at any time prior to the expiration of the term of employment. For the purposes of this provision, cause means any conduct that, in the judgment of the Executive Director, is detrimental to the interests of the School or its personnel or students and shall include, without limitation thereto, the following:
A. Absence without leave
B. Abuse of leave
C. Alcohol or drug impairment
D. Child abuse or molestation
E. Discourteous treatment of the public
F. Dishonesty
G. Excessive absenteeism
H. Fraud in securing employment
I. Improper attitude
J. Insubordination
K. Neglect of duty
L. Incompetence or inefficiency
M. Unauthorized possession of a weapon on school grounds
N. Unauthorized use of school property
O. Unlawful conduct
P. Use of illegal drugs
Q. Violation of a directive of a supervisor
R. Violation of a School policy
If the Executive Director determines that reason exists to consider termination of a term employee a copy of the reasons shall be delivered to the employee. The employee will be provided the opportunity to be heard in an informal pre-disciplinary conference with the Executive Director at which time the employee will be given an opportunity to deny or explain the circumstances surrounding the reasons determined by the Executive Director. If the Executive Director determines that the employee should be terminated following such pre-disciplinary conference the employee shall be notified in writing. The termination is not effective until one of the following occur:
A. The employee signs a receipt for the disciplinary letter;
B. An attempt is made to personally serve the disciplinary letter, but the employee refuses to sign for receipt of the letter. Such attempt to personally serve the disciplinary letter shall be documented with the signature of a witness: or
C. Three (3) working days have passed since the letter was mailed to the employee's last address as contained in the school records.
The employee may submit a request to appeal the termination to the Executive Director within five (5) work days after receipt of the notice. The appeal shall include the action requested and must state specific facts relating directly to the reasons for termination on which the appeal is based so that the School Governing Body or person designated by the School Governing Body may understand the nature of the appeal. The appeal hearing shall be held by the a person designated as a hearing officer, such as another administrator or a Home Office Representative, the School Governing Body or person designated by the School Governing Body.
If an appeal is requested, the Executive Director shall deliver a written notice of the time and place of the hearing, a written summary of the reasons for termination, a list of persons whom the Executive Director expects to testify in support of the recommendation (together with a brief summary of what each person is expected to say), and a general description of any other evidence that the Executive Director at the time believes may be presented at the hearing in support of the termination. No reply to the appeal needs to be filed. If a reply is given, it shall be transmitted to the employee and the Governing Body or hearing officer.
Written notice of the name of the hearing officer, if any, shall be provided to the employee by the Executive Director. Written notice of the hearing shall be provided within not less than five (5) work days and not more than thirty (30) calendar days after a request for hearing is submitted by the employee. The date of the hearing may be postponed by and in the sole discretion of the School Governing Body or the hearing officer, or at the request of the aggrieved employee for such reason or reasons as the School Governing Body or hearing officer may deem appropriate.
The Governing Body shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
The employee may be represented at the hearing by counsel, at the employee's expense. The employee shall have the opportunity to present witnesses and to cross-examine any witnesses presented by the Executive Director. Formal rules of evidence shall not apply. A record of the hearing shall be made by use of a mechanical device.
The hearing officer or Governing Body shall prepare a written statement of findings as to whether there is cause for termination of the employee, including a brief statement of reasons for these conclusions, and submit it to the Executive Director within ten (10) work days after the conclusion of the hearing. The Executive Director shall review the written statement and, if desired, the record. The Executive Director's decision after the hearing on whether to reinstate the employee, impose other discipline or affirm the termination shall be a final decision unless the Governing Body determines by a vote of at least one (1) more than a majority of those who vote that the employee was not afforded due process rights or that this policy was not followed in all substantive respects.
General Matters
Failure to object to a disciplinary action or take other action within the time limitations set forth in this policy shall mean that the employee does not wish to pursue the matter further. Complaints filed after the expiration of the applicable time limitation will not be considered.
The filing or pendency of a complaint or other form of grievance pursuant to this policy shall in no way limit or delay action taken by the supervisor or the Executive Director authorized by this policy to take such action.
A complaint relating to minor disciplinary action, suspension without pay for more than five (5) days, or dismissal shall not be processed as a grievance.
None of the procedures of this policy shall alter the status of an at-will employee.
This policy does not apply to:
A. Any administrative recommendation or School Body action, discussion, or consideration involving the nonrenewal of a term employee.
B. Ratings, comments, and recommendations made in the course of an evaluation of a staff member.
C. The decision of the Executive Director to place a staff member on administrative leave.
D. Counseling of or directives to a staff member regarding future conduct.
When the Executive Director reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges against a certificated person has occurred, a report shall be made to the Department of Education.
Adopted: date of Handbook adoption
LEGAL REF.:
A.R.S.
15-153
15-514
15-551
CROSS REF.:
DKA - Payroll Procedures/Schedules
GCO - Evaluation of Professional Staff Members