GCQFDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
PROFESSIONAL STAFF MEMBERS
GCQFScope of District's Authority
to Discipline an Employee
for Misconduct
The District may exercise its authority to discipline an employee for misconduct that occurs:
A. during the course of the employee's work day;
B. while the employee is on District property or while participating in school or work related events;
C. before or after regular work hours if the employee is engaged in activities on behalf of the District;
D. off campus and during nonworking hours, if there is a sufficient relationship between the employee's conduct and the District's legitimate interest in protecting the school community from harm; and
E. in any other circumstance in which the District can lawfully exert its authority to discipline an employee for misconduct.
Examples of Possible Consequence
for Misconduct
This policy is not intended to restrict or eliminate the discretion traditionally afforded to supervising administrators to determine whether discipline is appropriate. Supervising administrators are expected to exercise discretion in determining whether a particular alleged violation merits discipline. Possible consequences for misconduct may include no action, non-disciplinary action and/or disciplinary action.
Non-disciplinary actions include, but are not necessarily limited to:
A. Informal consultations or counseling;
B. Verbal warnings;
C. Letters of Direction or Memoranda containing directives or instructions for future conduct;
D. Evaluation procedures or the resulting evaluations;
E. Reassignments by the Superintendent; or
F. Civil and/or criminal reporting.
Disciplinary actions include, but are not necessarily limited to:
A. Letters of reprimand;
B. Suspension with or without pay for up to ten (10) school days;
C. Suspension without pay for more than ten (10) school days; or
D. Dismissal.
Letters of Reprimand/Suspension
With or Without Pay for Up
to Ten Working Days
The following procedures will be followed when a situation arises that may result in the imposition of a letter of reprimand or suspension with or without pay for up to ten (10) working days:
A. Notice of Charge. The designated administrator will provide the employee with verbal or written notice of the charges against the employee.
B. Opportunity to Respond. The employee will be provided the opportunity to provide his/her response to the charges. The employee will also be offered the opportunity to provide the administrator with any relevant documents and the names of any witnesses having relevant information.
C. Complete Investigation. The administrator will conduct any further investigation that appears necessary to help ensure that the information upon which the proposed disciplinary action is based is complete and accurate.
D. Decision Regarding Discipline. The administrator will make a decision regarding what disciplinary action, if any, to impose.
E. Written Notice Regarding Discipline. If the administrator decides to issue a letter of reprimand or impose a suspension with or without pay for up to ten (10) working days, the administrator will provide the employee with written notice of the decision. The written notice should contain the following information:
1. A statement of the disciplinary action being taken.
2. The factual basis for the disciplinary action.
3. Any special conditions or limitations to be placed upon the employee during the disciplinary period, if any (i.e., requirement to remain off District property during period of suspension).
4. Notice that the employee may prepare a written response and that the employee's written response will be attached to the notice of disciplinary action.
5. A statement that the notice regarding discipline will be placed in the employee's personnel file.
6. Notice of the employee's right to appeal the decision.
F. Employee's Signature on Notice of Discipline. The employee will be directed to sign the notice of disciplinary action to affirm receipt of the document. The employee's signature on the notice will not be deemed to signify the employee's agreement with its contents.
G. Appeal of Discipline. The employee may appeal the disciplinary decision within five (5) calendar days of the date of the decision or the right to appeal is waived. The appeal must be submitted to the Superintendent, who shall decide the appeal or designate an appropriate assistant superintendent to decide the appeal. The appeal shall contain any relevant documents and include the following information (to the extent necessary to support the employee's appeal):
1. A detailed explanation of what facts, if any, the employee believes the administrator omitted, misunderstood or improperly considered in the decision making process.
2. A detailed explanation of what conclusions, if any, the employee believes the administrator incorrectly or improperly made based upon the facts at issue. (i.e. why the disciplinary action is not warranted or is too harsh).
3. A detailed explanation of what violations of procedure, or law, if any, the employee feels the administrator committed relative to the investigation of the employee's misconduct or the disciplinary decision.
4. Any other information the employee believes is relevant to the matter.
Note: If the discipline was imposed by the Superintendent, the employee's appeal will be considered a request for reconsideration by the Superintendent.
H. Stay of Discipline Pending Outcome of Appeal. Imposition of the disciplinary action will be postponed pending the outcome of the appeal process. However, the Superintendent may temporarily reassign the employee with pay pending the outcome of the appeal process if the Superintendent deems the reassignment to be in the best interest of the District.
I. Decision on Appeal. The Superintendent or the Superintendent's designee may make a decision regarding the appeal based upon the written record, or may invite the parties to meet for the purpose of presenting additional information, clarification or explanation. The Superintendent's decision is final, unless the Superintendent has affirmed his/her own decision on appeal. If the Superintendent has affirmed his/her own decision on appeal, the employee may request that the appeal be submitted to the Governing Board. The Governing Board may choose to consider the appeal itself or appoint a hearing officer to do so.
J. Written Decision on Appeal. The Superintendent or the Superintendent's designee shall make a reasonable effort to provide the parties with a written response to the appeal within fourteen (14) working days from the date the appeal was submitted. If it is not possible for the decision to be rendered within that time, the parties shall be so notified and a decision shall be provided to the parties as soon as possible.
If the Governing Board is considering the appeal, the Governing Board will generally act upon the appeal at the next regularly scheduled Board meeting following submission of the appeal or as soon thereafter as is practicable.
Long Term Suspension or Dismissal
In the case of suspension without pay for more than ten (10) school days or dismissal, employees will be afforded the notice, hearing and appeal procedures set forth in the appropriate statutes.
Amendment of Policy and
Severability Provision
The District reserves the right to amend this policy at any time, but any such amendment shall have prospective application only. If any provision of this policy is held by a Court to be invalid, such action shall not invalidate the remainder of this policy. If any provision of this policy conflicts with any provisions in any other policies adopted by the District, the provisions of this policy shall prevail.
Teachers Working Under a
Short-Term Certification
A teacher who holds a teaching intern certificate, an emergency teaching certificate or another type of nonstandard certificate, that is valid for one (1) year or less, may be dismissed by the Board effective ten (10) days after delivery of the notice of dismissal to the teacher without complying with the requirements of A.R.S. conditions found in 15-537, 15-538, or 15-541. Notice of the Board’s authority to dismiss pursuant to this policy shall be included in each teacher's contract.
Adopted: September 26, 2018
LEGAL REF.:
A.R.S.
13-2911
15-153
15-203
15-341
15-342
15-350
15-503
15-507
15-508
15-514
15-536
15-538
15-538.01
15-538.02
15-539
15-540
15-541
15-542
15-543
15-549
15-551
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules
GCJ - Professional Staff Noncontinuing and Continuing Status
GCO - Evaluation of Professional Staff Members