GDQDDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
SUPPORT STAFF MEMBERS
GDQD(Discipline)
General
Support staff employees may be disciplined for engaging in conduct that the District determines to be inappropriate or harmful to the District, District personnel, students, or the school community.
A direct supervisor is authorized to impose discipline, which may include written warnings, letters of reprimand, or suspension with or without pay for a period of time not to exceed ten (10) days. The Superintendent is to be consulted when the direct supervisor intends to recommend suspension without pay or dismissal. Only the Governing Board may dismiss an employee of the District.
An employee may not use the District grievance procedure to complain about discipline imposed pursuant to this policy.
The administration may utilize a system of progressive discipline or may initially impose or recommend more serious discipline, depending on the nature and severity of the employee's misconduct. The District reserves the right to impose discipline or not to impose discipline.
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 therefore directed to use reasonable discretion in determining whether a particular alleged violation warrants discipline.
An employee 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 action under this policy.
The District reserves the right to amend this policy at any time. Any amendment shall have prospective application only.
General Definition and Examples
of Misconduct
Misconduct means an act or omission that constitutes a breach of the employee's duties or obligations pursuant to the District's employment contract, policies, administrative regulations, or rules, or any act of omission that the District determines to be inappropriate or harmful to the District, District personnel, students, or the school community. Misconduct includes, but is not limited to:
A. Dishonesty, falsification or omission of information on the employment application or other written documents relating to obtaining and maintaining employment, falsification of time records or work records, or untruthfulness related to the job that could injure or jeopardize the District's interests.
B. Absence from work without authorization, excessive absences from work, and inappropriate use of leave.
C. Insubordination, disobedience, refusal to accept or to perform assigned duties, failure to perform assigned duties in a timely and expeditious manner, and incompetence. Insubordination includes lack of cooperation in any investigation conducted by the District. (The District recognizes the employee's right to avoid self-incrimination under certain circumstances.)
D. Misuse, unauthorized use, or abuse of District property or materials; theft or conversion of property or materials. This category of misconduct includes use of District equipment or materials for personal use or nonschool employment, including but not limited to the computer equipment, software, and electronic information systems.
E. Giving a student preferential treatment in return for a gratuity, gift, or favor.
F. Violation of the District's non-corporal-punishment policy and/or inappropriate use of physical force or contact. This category of misconduct includes, but is not limited to, child abuse, child molestation, indecent exposure, sexual contact, or other sexual behavior involving a student or any child under the age of eighteen (18).
G. Failure to interact with a student/parent/co-worker in keeping with reasonably expected standards of interaction for educators.
H. Disrupting or obstructing the effective and orderly functioning of the District.
I. Unlawful use or possession of, or involvement with any narcotic drug, dangerous drug, marijuana, cocaine, or drug paraphernalia or any controlled substance as defined by state and federal statute or regulation or of any imitations of the above.
J. Possession or consumption of alcohol on the job or on District property and/or demonstrating any evidence of or effect from consumption or use of alcohol or illegal drugs, whether consumed/used on the job, on District property, or prior to reporting to work.
K. Carrying or possessing a weapon, dangerous instrument, or explosive while on the job or on District property.
L. Immoral conduct if such conduct is likely to affect the employee's ability to perform assigned duties.
M. Failure to report to the immediate supervisor within five (5) days regarding (1) any felony charge, (2) any misdemeanor charge involving drugs, or (3) moral turpitude.
N. Violation of the standards of ethics, conduct, and/or expectations found in statute, policies, or administrative regulations.
O. Violation of District policy regarding sexual harassment, including but not limited to making sexual advances toward other District employees or engaging in conduct that a reasonable man or woman would find offensive, abusive, degrading, discriminatory, and/or hostile.
Willful Misconduct
Willful misconduct means any misconduct that is repeated or frequent, or an intentional and unjustified violation of District policies.
Willful misconduct shall be considered unprofessional conduct.
Sexual conduct with minors and/or students shall be considered willful misconduct, whether or not the employee is criminally prosecuted or convicted.
Nondisciplinary Actions
Not all administrative actions regarding a support staff employee are considered "discipline," even though they relate to alleged misconduct by the employee. This policy has no application to any of the following:
A. The support staff employee evaluation procedure or the resulting evaluations as they pertain to the adequacy of the employee's performance.
B. Informal counseling, oral warnings, or issuance of a letter of direction to an employee concerning instructions for future conduct.
C. Change of assignment where the rate of compensation is not reduced.
D. Failure to renew a term of employment when otherwise permitted by policy.
Procedure for Discipline
Minor discipline:
Disciplinary action other than suspension for a period of more than ten (10) days or dismissal 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 Ten (10) Days
At-will employees:
The employment of an at-will employee may be suspended without pay for a period of more than ten (10) days by action of the Superintendent for any conduct by the employee that, in the judgment of the Superintendent, is inappropriate. Before suspending an at-will employee, the Superintendent 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 ten (10) 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 ten (10) days, the notice and hearing procedures prescribed for the dismissal of term employees shall be followed, except that the findings of the hearing officer shall be a final decision. If the hearing officer finds that there is not cause to suspend the employee without pay for more than ten (10) days, the Superintendent 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 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 Superintendent prior to the Board meeting a written response to the recommendation.
Term employees:
A. 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 inappropriate or harmful to the District, District personnel, students, or the school community.
B. Prior to a recommendation to terminate, an informal hearing will be conducted by the immediate supervisor in order to:
1. Explain charges against the employee.
2. Explain the factual basis of the charges.
3. Give the employee an opportunity to respond to the charges.
C. Upon completion of the informal hearing, the supervisor may recommend to the Superintendent dismissal for cause. The Superintendent will review the charges and factual evidence, make recommendation to the Board, and notify the employee in writing of the administrator's recommendation to dismiss for cause.
D. If the Governing Board approves termination of a term employee, the employee shall be notified in writing of the dismissal and of the right to request a postdismissal hearing. The notice shall include specific grounds for dismissal. The employee may request a hearing within five (5) working days after receipt of the dismissal notice.
E. 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 dismissal and supporting evidence and a list of persons whom the Superintendent expects to testify in support of the recommendation.
F. The hearing shall be conducted by a person designated by the Superintendent within not less than five (5) working 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 stipulation of the employee and the District, or by and in the sole discretion of the Superintendent or the hearing officer, or at the request of the employee or the District for such reason or reasons as the Superintendent or hearing officer may deem appropriate.
G. The hearing officer shall prepare a written statement of findings 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 render a decision whether to uphold dismissal or reinstate the employee with back pay and retroactive benefits. If reinstated, the Governing Board may choose to impose other discipline.
Additional Provisions and Conditions
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.
During the pendency of the hearing, neither the employee nor the supervising administrator shall contact the Superintendent or any associate superintendent, associate superintendent, or 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 assigned hearing officer shall, by use of a mechanical device, make a record of the appeal hearing.
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. Any administrative recommendation or Governing Board action, discussion, or consideration involving the termination of an at-will employee. During the first one hundred eighty (180) paid days, all employees are considered at-will employees and may be dismissed at the sole discretion of the District.
C. Ratings, comments, and recommendations made in the course of an evaluation of a support staff member.
D. The decision of the Superintendent to place a support staff member on administrative leave or to reassignment.
E. Counseling of or verbal or written directives to a support staff member regarding future conduct.
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