GDQDDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
SUPPORT STAFF MEMBERS
GDQDGeneral
All employees of the District are expected to maintain the highest standards of professional conduct. The Board recognizes its responsibility in fostering the highest standards of professional conduct so as to further enhance the instructional program and to promote the welfare of students and employees.
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 directing supervisor, administrator and/or Executive Director of Human Resources are authorized to take disciplinary actions, including written reprimands, suspension without pay, and dismissal, or demotion, subject to the guidelines of this policy.
Not all administrative actions regarding a support staff employee are considered discipline, even though they may involve alleged or possible misconduct by the support staff employee. This policy addresses only discipline and 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 support staff employee's job performance.
B. A written or e-mailed document to a support staff employee containing directives or instructions for future conduct.
C. Counseling or verbal warning, verbal feedback or direction given to a support staff employee concerning expectations of future conduct.
D. The discretion of the Superintendent in placing a support staff employee on administrative leave with pay.
E. Change of assignment where the rate of compensation is not reduced.
F. Failure to renew employment after expiration of a fixed term appointment.
G. Termination of an at-will employee at any time (see Policy GDB).
These administrative actions may, however, be considered in subsequent decisions to impose disciplinary action.
The Superintendent or the Superintendent's designee is to approve each written reprimand, suspension, and dismissal or demotion.
For disciplinary action, the individual responsible for imposing the disciplinary actions set forth in this policy shall prepare a written document to be placed in the employee's personnel file. The written document should include:
A. The specific conduct giving rise to the disciplinary action;
B. The discipline being imposed upon the support staff employee;
C. The corrective action required, if appropriate; and
D. The time limit within which the conduct must be corrected, if appropriate.
An employee may not use the District's grievance procedure to complain about discipline imposed pursuant to this policy.
No presumption requiring progressive discipline is suggested or mandated by this policy.
Categories of Misconduct
Support staff employees may be disciplined for infractions that include, but are not limited to, the following:
A. Engaging in unprofessional conduct.
B. Exhibiting inefficiency in their work.
C. Exhibiting improper behavior, including but not limited to activities that are destructive to a positive work environment or working relationships, that disrupt the work environment, and/or that undermine a supervisor's authority; and/or failure to follow the channels in processing complaints and grievances.
D. Exhibiting improper behavior including, but not limited to, activities that are destructive to a positive learning environment or are demeaning or harmful to students.
E. Neglecting duties.
F. Using position for personal gain.
G. Failing to engage in conduct that promotes an effective and orderly learning and working environment.
H. Discourteous treatment of members of the public, parents or guardians, co-workers or students.
I. Engaging in acts of insubordination, including but not limited to refusal or failure to comply with or enforce District policy or procedures; refusal to perform duties as assigned by the immediate supervisor; failure to perform assigned duties in a timely and expeditious manner, and/or failure to comply with the lawful directions of school officials given in the performance of such duties.
J. Engaging in acts of child abuse or child molestation (physical or emotional).
K. Engaging in acts of dishonesty, including but not limited to material falsification of the employment application or other written documents relating to obtaining and maintaining employment; falsification of time records or work records; theft or conversion of any property whatsoever, or untruthfulness related to the job that would injure or jeopardize the District's interest.
L. Being under the influence of alcohol or illegal drugs while on duty; absences due to intoxication or its aftereffects or the abuse or misuse of either prescription or over-the-counter drugs; inability to perform employment duties due to the aftereffects of intoxication or due to the abuse or misuse of prescription and/or over-the-counter drugs.
M. Engaging in the use of narcotics or habit-forming drugs.
N. Being absent without leave, including but not limited to misuse of absence benefits; failure to report to work following an authorized absence; repeated tardiness; or failure to exercise due care for punctuality or attendance in regard to the scheduled hours set by the District.
O. Revealing confidential information about student and/or personnel.
P. Engaging in any conduct constituting a breach of any federal, state, county, or city law.
Q. Damaging or threatening to damage District property or failing to protect students or District property.
R. Engaging in misuse or unauthorized use of school property, or unauthorized entry into District property.
S. Being excessively absent.
T. Using profane language or actions.
U. Being convicted of a felony or misdemeanor, except minor traffic violations.
V. Carrying or possessing a weapon on District-owned property unless they are peace officers or have obtained specific authorization from the Superintendent.
W. Acts of omission or commission disrupting any District activity or encouraging such disruption, (all employees shall, at all times, attempt to maintain order and carry out all directions given to them by the Superintendent concerning said maintenance of order).
X. Failing to report to the supervising administrator and/or Executive Director of Human Resources within forty-eight (48) hours the fact that the employee has been charged with any felony or with a misdemeanor, excluding minor traffic violations.
Y. Violating the standards of ethics, conduct, and/or expectations found in District policies or administration regulations.
This list is representative only and is not intended as an exclusive listing of misconduct that may result in discipline.
Types of Disciplinary Action
Disciplinary action may include, but is not necessarily limited to the following:
A. Written reprimand to be included in official personnel file.
B. Suspension without pay for up to five (5) days determined by the supervising administrator and Executive Director of Human Resources.
C. A support staff employee may be suspended without pay for a period of more than five (5) days by action of the Superintendent or Superintendent's designee for any conduct by the employee that, in the judgment of the Superintendent or Superintendent's designee, is inappropriate.
D. Demotion.
E. Dismissal from employment.
Disciplinary action does not include verbal or written warnings, letter of direction, findings in an employee evaluation or other corrective measures. These corrective measures may, however, be considered in subsequent decisions to impose disciplinary action.
Procedural Steps for Discipline
Upon the directing supervisor and/or administrator's determination of the existence of possible cause to impose discipline, the supervising administrator shall first consult with Human Resources.
Notice
The employee is notified verbally or in writing of potential, perceived, or actual conduct believed to warrant disciplinary action.
The verbal or written notice should include:
A. A scheduled meeting time between the directing supervisor and/or administrator and the support staff employee.
B. A description of the misconduct that is believed to warrant disciplinary action.
C. Any relevant evidence in support of the discipline at the discretion of the directing supervisor and/or administrator.
Disciplinary Meeting
At the meeting the following will take place:
A. Directing supervisor and/or administrator will advise the support staff employee of the conduct that is believed to warrant disciplinary action.
B. Directing supervisor and/or administrator will provide the support staff employee with relevant evidence in support of the discipline.
C. The support staff employee will have the opportunity to respond to the charges.
D. The meeting will be conducted in an informal manner without adherence to the rules of evidence and procedures required in judicial proceedings.
E. In the event that the meeting 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 has been provided and the employee is provided five (5) business days to deliver a written response.
Decision to Discipline
If it is determined that disciplinary action is to be taken, the following guidelines shall be followed:
A. A decision shall be in writing and shall be placed in the support staff employee's official personnel file.
B. The discipline document shall include the following:
1. A description of the conduct that is believed to warrant disciplinary action and the corrective action required;
2. Reference to prior verbal and/or written feedback and directives or discussions regarding the subject of the conduct in the employee's performance believed to warrant disciplinary action, if any;
3. The reason for the discipline action taken;
4. The date on which the disciplinary action shall be imposed;
5. Information regarding the employee's right to submit a written response to the decision to be placed in the support staff employee's personnel file, if received by Human Resources within ten (10) business days after receiving the decision to impose discipline; and
6. Information regarding the employee's right to request a review of the discipline action to the supervisor's supervisor within three (3) business days of receiving notice of discipline.
7. If the recommendation is for termination, information regarding the support staff employee's right to request an informal predismissal hearing before the Superintendent or Superintendent's designee within five (5) business days of receiving notice.
8. If the recommendation is for termination, the date the recommendation for termination will be considered by the Governing Board.
Appeal of Discipline
A support staff employee may submit a written request for review to the supervisor's supervisor within three (3) business days of receiving notice of discipline.
The written appeal shall specifically describe the part of the determination with which the support staff employee disagrees and is limited to the following:
A. Determination was founded upon error of construction or application of any pertinent rules, regulations, or policies.
B. Determination was unsupported by any evidence.
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.
The supervisor's supervisor will gather information in the manner he/she feels appropriate to render a decision regarding the appeal.
The supervisor's supervisor decision will be in writing within five (5) business days, unless both parties mutually agree to a later date. The notice shall include:
A. The reason(s) for the final determination.
B. If the recommendation is for termination, information regarding the support staff employee's right to request an informal predismissal hearing before the Superintendent or Superintendent's designee within five (5) business days of receiving the notice.
C. If the recommendation is for termination, the date the recommendation for termination will be considered by the Governing Board.
The decision of the supervisor's supervisor is final unless the recommendation is for termination or for demotion with reduction of pay.
Termination or Demotion with
Reduction of Pay Appeal
If the recommendation is for termination or demotion with reduction of pay, the support staff employee has a right to an informal hearing with the Superintendent or Superintendent's designee after exercising the above steps.
The appeal shall be received within five (5) business days of the supervisor's decision and will specify how supervisor's determination is inappropriate.
At the informal hearing:
A. The support staff employee will have the opportunity to present the reasons the support staff employee disagrees with the supervisor's decision.
B. The meeting will be conducted in an informal manner without adherence to the rules of evidence and procedures required in judicial proceedings.
The support staff employee shall be notified in writing of the Superintendent's or Superintendent's designee's determination within five (5) business days, unless both parties mutually agree to a later date. The notice shall include:
A. The reason(s) for the final determination.
B. Information regarding the support staff employee's right to submit a written appeal to the Governing Board at the Board meeting during which the determination by the Superintendent or the Superintendent's designee is considered.
The Superintendent's or Superintendent's designee's decision is final, subject to final action of the Governing Board as provided below.
The determination shall be forwarded to the Board for final action.
The Board may accept the determination by the Superintendent or the Superintendent's designee and dismiss the employee, send the matter back to a lower level with instructions, or make an independent determination.
Fixed Term Administrative
Employee
Fixed term administrative employees will follow the same discipline procedures as listed above.
Admonition
During the pendency of any appeal, neither the support staff employee nor the supervising administrator shall contact the Superintendent and/or Superintendent's designee, the party hearing the appeal, if different, or any Board member to discuss the merits of the supervising administrator's recommendation of charges and proposed discipline except as provided by this policy.
Adopted: September 18, 2013
LEGAL REF.:
A.R.S.
13-2911
15-153
15-341
15-502
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules