GCQFDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
PROFESSIONAL STAFF MEMBERS
GCQFCategories of Misconduct
Certificated staff members may be disciplined for infractions that include, but are not limited to, the following categories:
A. Engaging in unprofessional conduct.
B. Committing fraud in securing appointment.
C. Exhibiting incompetency in their work.
D. Exhibiting inefficiency in their work.
E. Exhibiting improper attitudes.
F. Neglecting their duties.
G. Engaging in acts of insubordination.
H. Engaging in acts of child abuse or child molestation.
I. Engaging in acts of dishonesty.
J. Being under the influence of alcohol while on duty.
K. Engaging in the illicit use of narcotics or habit-forming drugs.
L. Being absent without authorized leave.
M. Engaging in discourteous treatment of the public.
N. Engaging in improper political activity.
O. Engaging in willful disobedience.
P. Being involved in misuse or unauthorized use of school property.
Q. Being involved in excessive absenteeism.
R. Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization from the appropriate school administrator.
Statutory Requirements
Certificated staff members disciplined under A.R.S. 15-341 and A.R.S. 15-539:
A. May not be suspended without pay for a period exceeding ten (10) school days under A.R.S. 15-341.
B. May be suspended without pay for a period of time greater than ten (10) school days or dismissed under A.R.S. 15-539.
C. Shall be disciplined under procedures that provide for notice, hearing, and appeal, subject to the requirements of A.R.S. 15-341 or A.R.S. 15-539, whichever is appropriate.
D. Shall, if disciplined under A.R.S. 15-539 or other applicable statutes, excluding A.R.S. 15-341, receive notice in writing served upon the certificated staff member personally or by United States registered or certified mail addressed to the employee's last-known address. A copy of charges specifying instances of behavior and the acts or omissions constituting the charge(s), together with a copy of all required statutes, shall be attached to the notice.
E. Shall have the right to a hearing in accordance with the following:
1. Suspension under A.R.S. 15-341. The supervising administrator will proceed in accordance with this Policy GCQF under General Provisions for Discipline under A.R.S. 15-341 below.
2. Dismissal, dismissal with asministrative leave of absence or suspension without pay for more than ten (10) school days under A.R.S. 15-539. A certificated staff member's written request for a hearing shall be filed with the Board within ten (10) days after service of noticeof the Governing Board's intention to dismiss or suspend without pay for more than ten (10) school days. The filing of a timely request shall suspend the imposition of a suspension without pay or a dismissal pending completion of the hearing.
General Provisions for Discipline
Under A.R.S. 15-341
General provisions for discipline are as follows:
A. Informal consultation. Nothing contained herein will limit a supervising administrator's prerogative to engage in informal consultation with a certificated employee to discuss matters of concern related to the employee's performance, conduct, et cetera; however, when it is apparent that disciplinary action toward a certificated employee is likely to become a part of the certificated staff member's personnel record as permitted by A.R.S. 15-341, the procedures outlined herein shall be followed.
B. Persons authorized to impose discipline. Any supervising administrator who is the immediate or primary supervisor of a certificated staff member is authorized to impose a penalty or penalties, short of dismissal. Only the Board may dismiss a certificated staff member.
C. Notice. Any person who is required by this policy to give written notice to any other person affected by this policy may do so by any means reasonably calculated to give the recipient actual knowledge of the notice within a reasonable amount of time. When time is calculated from the date a notice is received, the notice is deemed to be received on the date it is hand delivered or three (3) calendar days after it is placed in the mail.
D. Administrative discretion. In adopting these policies and procedures, it is the intention of the District that they be interpreted and applied in a reasonable fashion. The policies and regulations are not intended to restrict or eliminate the discretion traditionally afforded to supervising administrators to determine whether discipline is appropriate. Supervising administrators are therefore directed to continue to use reasonable discretion in determining whether a particular alleged violation merits discipline.
E. Right not to impose discipline. The District reserves the right not to discipline a certificated staff member for conduct that violates this policy.
F. Definition of work days. For the purposes of this policy, a work day is any day that the District's central administrative office is open for business.
G. Additional reasons for discipline. A certificated staff member may be disciplined for conduct that has occurred but that, at or near the time of misconduct, was not the subject of or identified as a reason for a specific proceeding under this policy.
H. Informal hearing. When it is apparent that disciplinary action toward a certificated employee is likely to become a part of the certificated staff member's personnel record as permitted by A.R.S. 15-341, the supervisor will discuss with the certificated staff member the conduct in question, provide the staff member with documentation and give the staff member an opportunity to respond to the charges.
Procedure for Discipline
Under A.R.S. 15-341
The following procedures will be used to impose any discipline that 1) shall become a part of the certificated staff member's personnel record and 2) is permitted under A.R.S. 15-341. In accordance with A.R.S. 15-341, these procedures below are not followed for discipline for conduct which is deemed by the supervising administrator, after consultation with the Executive Director of Human Resources, to be cause for 1) dismissal or 2) suspension without pay for greater than ten (10) school days of a teacher or other professional staff member, or for revocation of a certificate issued by the State Board of Education. In these situations, the provisions of A.R.S. 15-539 through A.R.S. 15-543 will apply. If discipline is initially proposed under A.R.S. 15-341, procedures below are followed, and the supervising administrator determines that a recommendation for dismissal or suspension without pay for greater than ten (10) school days will be made, the procedures below will be stopped and the procedures set forth in A.R.S. 15-539 through A.R.S. 15-543 will be initiated.
Step 1 - Notice:
Upon the supervising administrator's determination of the existence of possible cause to impose discipline, the supervising administrator shall first inform Human Resources and then the certificated staff member of intent to impose discipline. The notice may be verbal or in writing. If in writing, the notice shall be delivered in person or by first-class mail. The notice process can occur at the same time as meeting with the certificated staff member (Step 2) as long as the notice (Step 1) precedes or is provided simultaneously with the meeting. The verbal or written notice shall include the following:
1. The conduct or omission on the part of the certificated staff member that constitutes the reason for proposed discipline.
2. A scheduled meeting time for an informal hearing between the supervising administrator and the certificated staff member. Such informal hearing may be held at the time of providing notice or may be scheduled not more than five (5) working days after the date the certificated staff member receives the notice. If the notice is given verbally in a meeting, the informal hearing (Step 2) with the certificated staff member may proceed immediately after providing the notice.
3. A statement of the disciplinary action the supervising administrator intends to impose, if known, including, if applicable, the number of days of suspension without pay.
4. Copies of any available written evidence in support of the discipline, at the discretion of the supervising administrator.
Step 2 - Informal Hearing:
A. At the hearing, the supervising administrator shall discuss with the certificated staff member the conduct that is believed to warrant disciplinary action and shall provide the certificated staff member relevant evidence in support of the discipline if not previously provided.
B. The certificated staff member shall then have the opportunity to respond to the charges.
C. The supervising administrator shall conduct the hearing in an informal manner, without adherence to the rules of evidence and procedure required in judicial proceedings.
D. In the event that the informal hearing cannot be held because the employee refuses to attend, or it is impossible to schedule the meeting due to scheduling limitations, discipline may be imposed if written notice under Step 1 is provided and the employee is provided five (5) working days to deliver a written response.
Step 3 - Decision (in writing):
A. At the informal hearing, or within ten (10) working days following the informal hearing, the supervising administrator shall, in writing, inform the certificated staff member of the decision whether to impose discipline under A.R.S. 15-341, and if so, what discipline will be imposed.
B. If the decision is to impose discipline, written notice of the discipline shall be enclosed.
C. The written notice of the decision shall state that a copy of the notice, decision, and a record of the disciplinary action shall be placed in the certificated staff member's personnel file and shall specify the date the discipline shall be imposed unless the certificated staff member files a written request for appeal within five (5) working days after the decision is delivered to the certificated staff member.
D. If the certificated staff member requests an appeal of the decision, the imposition of any discipline shall be suspended pending the outcome of the appeal.
Step 4 - Appeal to the Next
Organizational Level:
Discipline imposed may be appealed at the next organizational level, in writing. The appeal shall contain a brief statement of the reasons why the certificated staff member believes the administrator's decision is incorrect. Appeal of discipline imposed under A.R.S. 15-341 is limited to one (1) organizational level above the level of the supervising administrator who imposed the discipline.
The appeal shall specifically describe the part of the determination with which the certificated staff member disagrees, and is limited to the following:
A. Determination was founded upon error of construction or application of any pertinent regulations or policies.
B. Determination was unsupported by any evidence as disclosed by the entire record.
C. Determination was materially affected by unlawful procedure.
D. Determination was based on violation of any statutory or constitutional right.
E. Determination was arbitrary and capricious.
F. The penalty was excessive.
If the appeal is to the next organizational level, the party considering the appeal will gather information in the manner he/she feels appropriate to render a decision upon the appeal.
Only when the discipline is determined by the Superintendent shall the appeal be to the Board, which, at its discretion, may appoint a hearing officer.
If the appeal is to the Governing Board because discipline was initially imposed by the Superintendent, and the Governing Board has appointed a hearing officer to conduct the appeal, the hearing officer's recommendation shall be presented to the Board
The supervising administrator at the next organizational level, or, when appropriate, the Board or the Board-appointed hearing officer may, at the conclusion of the appeal, uphold the discipline, modify the decision, or refer the matter back to the level from which it was appealed for rehearing and additional information. Such decision, along with specific direction as to the effective date of any discipline, shall be communicated to the certificated staff member within seven (7) working days. The decision of the supervising administrator at the next organizational level or of the Board (if the appeal was to the Board) is final.
Additional Provisions and Conditions
The assigned hearing officer shall, by use of a mechanical device, make a record of the appeal hearing.
This policy, under A.R.S. 15-341, does not apply to dismissal of a certificated staff member except to the extent that the Board may find, subsequent to dismissal proceedings, that a lesser form of discipline as set forth in this policy should be imposed.
Not all administrative actions regarding a certificated staff member are considered "discipline," even though they may involve alleged or possible violations by the certificated staff member. This policy addresses only discipline and has no application to any of the following:
A. The certificated staff member evaluation procedure or the resulting evaluations as they pertain to the adequacy of the certificated staff member's classroom performance and other areas subject to evaluation.
B. Letters or memorandums directed to a certificated staff member containing directives or instructions for future conduct.
C. Counseling of a certificated staff member concerning expectations of future conduct.
D. Nonrenewal of a contract of a certificated staff member subject to non-renewal subject to non-renewal pursuant to A.R.S. 15-536.
During the pendency of a hearing, neither the certificated staff member nor the supervising administrator shall contact the Superintendent or a Board member to discuss the merits of the supervising administrator's recommendation or charges and proposed discipline except as provided by this policy. No attempt shall be made during such period to discuss the merits of the charges with the person designated to act as hearing officer.
The Governing Board shall keep confidential the name of a student involved in a hearing for dismissal, discipline, or action on a teacher's certificate, with exceptions as noted in A.R.S. 15-551.
Amendments. The District reserves the right to amend this policy in any way at any time. Any amendment shall have prospective application only.
Severability. If any provision of this policy is held to be invalid for any reason, 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 shall be included in each teacher's contract.
Adopted: October 18, 2017
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