GDQD
DISCIPLINE,  SUSPENSION,  AND
DISMISSAL  OF
SUPPORT  STAFF  MEMBERS

This policy has been adopted with the intent of giving the administration the broadest discretion in administering appropriate disciplinary action for misconduct.

The Board authorizes the Superintendent to reassign a support staff member during an investigation of alleged misconduct or pending possible disciplinary action, if the Superintendent determines such reassignment is in the best interest of the District.

The Board authorizes the Superintendent to conduct a background check as part of any investigation of employee misconduct, provided that the District satisfies any applicable provisions of the Federal Fair Credit Reporting Act.

The Board authorizes the Superintendent to develop administrative procedures for the discipline and dismissal of support staff members.

A support staff member may be disciplined for any conduct that, in the judgment of the District, is inappropriate.  Minor disciplinary action includes, without limitation, 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 support staff member's supervisor.  A support 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 support 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 Superintendent or his/her designee for any conduct by the employee that, in the judgment of the Superintendent, is inappropriate.  Before suspending an at-will employee, the Superintendent or his/her designee will inform the employee of intent to suspend the employee and will give the employee an informal opportunity to explain why, in the employee's opinion, the suspension should not be imposed.  The Superintendent'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 Superintendent for any conduct that, in the judgment of the Superintendent, is inappropriate.  If the Superintendent 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 Superintendent and the findings of the hearing officer shall be a final decision.

Dismissal

At-will employees.  The employment of an at-will employee may be terminated by action of the Governing Board for any reason, or for no reason, with or without advance notice, as the Governing Board desires.  If the Superintendent recommends that the Governing Board terminate an at-will employee, the recommendation shall be submitted to the Governing Board in writing and a copy of the recommendation shall be delivered to the employee.  The at-will employee may submit to the Governing Board at least two days prior to the Board meeting, a written response to the recommendation.  If the at-will employee chooses to attend the Board meeting when the recommendation is considered, the Governing Board may, in its discretion, permit the employee to address the Governing Board concerning only the recommendation.

Term employees.  The employment of a term employee may be terminated for cause by action of the Governing Board 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 District, is detrimental to the interests of the District 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.  Incompetence or inefficiency

K.  Insubordination

L.  Neglect of duty

M.  Unathorized posession 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 District policy or regulation

If the Superintendent recommends termination of a term employee, a copy of the recommendation shall be delivered to the employee.  The employee may request a hearing within five (5) work days after receipt of the recommendation.  If a hearing is requested, the Superintendent shall deliver a written notice of the time and place of the hearing and a written statement that gives the reasons for the recommendation, a list of persons whom the Superintendent 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 Superintendent at the time believes may be presented at the hearing in support of the recommendation.

The hearing shall be conducted by a hearing officer within not less than three (3) work days and not more than ten (10) calendar days after a request for hearing is submitted by the employee.  The date of the hearing may be postponed as the hearing officer deems appropriate.

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 District.  Formal rules of evidence shall not apply.  A record of the hearing shall be made by use of a mechanical device.

The hearing officer shall prepare a written statement of findings as to whether there is cause for termination of the employee and submit it to the Governing Board within ten (10) work days after the conclusion of the hearing.  The Governing Board shall review the written statement and, if desired, the record, and the Governing Board's decision whether to accept the findings and whether to terminate employment or to impose other discipline shall be a final decision.

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 Superintendent 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 Governing Board 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 support staff member.

C.  The decision of the Superintendent to place a support staff member on administrative leave.

D.  Counseling of or directives to a support staff member regarding future conduct.

Adopted:  August 26, 2021

LEGAL REF.:
A.R.S.
13-2911
15-153
15-341
15-502
41-770

CROSS REF.:
DKA - Payroll Procedures/Schedules
GBEB - Staff Conduct
GBEBB - Staff Conduct With Students