GDQDDISCIPLINE, SUSPENSION, AND DISMISSAL
OF SUPPORT STAFF MEMBERS
GDQDProcedures for discipline of a support staff member are important to correcting inappropriate behavior as an option to dismissing the employee. When appropriate, the following procedures may be implemented under the concept of progressive discipline in which the penalty may be increased as the frequency or severity of the infraction increases. An employee who fails to respond to such attempts to correct inappropriate behavior may be dismissed. When an infraction is serious, the support staff member may be suspended or dismissed as a first step.
Categories of Misconduct
Support staff members may be disciplined for infractions that fall into, but are not limited to, the following categories:
● Committing fraud in securing appointment.
● Exhibiting incompetency in their work.
● Neglecting their duties.
● Engaging in acts of insubordination.
● Engaging in acts of child abuse or child molestation.
● Engaging in acts of dishonesty.
● Being under the influence of alcohol while on duty.
● Engaging in the use of narcotics or habit-forming drugs.
● Being absent without leave.
● Engaging in illegal political activity.
● Being involved in misuse or unauthorized use of school property.
● Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization from the appropriate school administrator.
Discipline of Support Staff Employees
Relation to other policies:
● Employee evaluations: The ratings, comments, and recommendations for improvement concerning an employee's performance made in the course of observation and evaluation, and salary decisions based on such observation and evaluation, are not deemed disciplinary in nature and are not subject to hearing, appeal, or the grievance procedure.
● Application of these rules: Disciplinary action in this section includes written warnings, written reprimands, placements on disciplinary probation, demotions, suspension without pay, and dismissal. Records of these disciplinary actions may become a part of the permanent record of the employee and be considered in future determinations concerning promotion, advancement, salary, discipline, suspension, dismissal, or other employment decisions. The following administrative actions are not included under this section: verbal warnings; suggestions and instructions, oral or written; modification of an employee's work assignment or location without loss of pay or benefits.
● Discipline imposed under this policy shall be subject to hearing and appeal only as set forth in this policy, and is not subject to the grievance procedure. Nonretention of an employee after expiration of appointment is not disciplinary in nature and is not an action subject to grievance or to hearing or appeal under this policy.
● Employees dismissed during a probationary period are not entitled to a hearing or appeal hereunder.
Disciplinary procedures:
● Disciplinary action:
■ Disciplinary action shall be initiated by written notice specifying the infraction that is cause for disciplinary action, the actual conduct occurring, and, if applicable, the rules, regulations, or policies of the Board or the provisions of Arizona law that have been violated, and the form of discipline.
■ Discipline may be imposed by principals and other building administrators.
■ An employee may be directed not to report for regular duty if the building administrator determines that the employee's presence would disrupt the work environment or would interfere with an ongoing investigation.
■ No demotion, suspension without pay, or dismissal shall occur until the building administrator and the staff member have met, the evidence supporting the proposed discipline has been explained to the staff member, and the staff member has been offered an opportunity to rebut.
■ Dismissal shall be effective upon notice from the building administrator, subject to ratification by the Governing Board.
■ When a disciplinary action is taken, the employee receiving the discipline shall have the right to a hearing as defined below.
● Hearing and appeal procedure:
■ Request for hearing before Superintendent:
⇒ An employee may request in writing that the disciplinary matter be heard by the Superintendent.
⇒ The written request for hearing must be received in the office of the Superintendent within eight (8) working days of the imposition of discipline. The request must contain a detailed statement of the basis for the review, the reasons the employee believes that the discipline is improper, and the relief requested. In the case of a dismissal, if no request for a hearing is timely filed, the dismissal shall be reported to the Board for ratification or other Board action at its next regular meeting.
■ Scheduling of hearing:
⇒ The employee shall be given eight (8) working days' written notice of the time and place of the hearing. Upon receiving the request, within eight (8) working days the Superintendent or designee shall respond with the time and place of the hearing.
■ Matters to be considered:
⇒ The employee, the building administrator who imposed the discipline, and the Superintendent shall have the right to include in the hearing such witnesses and representatives as they deem necessary to develop facts pertinent to the request for hearing.
■ Form of hearing:
⇒ At the hearing, the employee may appear in person and by counsel, if desired, and may present any testimony, evidence, or statements, either oral or in writing. The Superintendent shall be entitled to have legal counsel for the District present for the purpose of advising the Superintendent and assisting with conduct of the hearing. The hearing shall be informal in nature. The rules of evidence shall not apply, provided that irrelevant, immaterial, and unduly repetitious evidence may be excluded.
■ Closing; decision:
⇒ Upon conclusion of the hearing, the Superintendent shall have eight (8) working days to provide a written decision, together with the reasons for the decision, to the employee. The decision of the Superintendent shall be final in all matters except dismissals, suspensions without pay for more than ten (10) working days, and demotions, which are subject to appeal as defined below.
■ Appeal of suspension without pay for more than ten (10) working days, demotion, or dismissal:
⇒ If the employee is not satisfied with a decision of the Superintendent that imposes suspension without pay for more than ten (10) working days, demotion, or dismissal, a request for appeal to the Board may be submitted in writing within eight (8) working days of receipt by the employee of the decision of the Superintendent. The appeal must contain a detailed statement of the basis for appeal to the Board, specifying the reasons the employee believes that the decision of the Superintendent is improper and the relief requested. If no appeal is timely filed, dismissals shall be reported to the Board for ratification or other Board action at its next regular meeting, and suspensions without pay for more than ten (10) working days and demotions shall be deemed final without further action.
■ Scheduling of Board consideration:
⇒ The Board, no earlier than the eighth (8th) working day and no later than the twentieth (20th) working day, will hold a hearing on the appeal, or give such other consideration as it shall deem appropriate. The Board shall review the files and information presented and may request detailed position statements from the employee and the person who imposed the original discipline, which shall be submitted within three (3) working days after the request.
■ Board consideration procedures:
⇒ The employee, and a representative if requested by the employee, the Superintendent, and the administrators involved in administering the discipline shall have the opportunity to be present during any Board consideration of the appeal.
■ Disposition of the appeal:
⇒ Disposition of the appeal shall be made in writing not later than fifteen (15) working days after consideration of the appeal. Copies of the Board's written decision shall be furnished to the employee and involved administrators.
Confidentiality
Confidentiality is necessary before, during, and after an investigation of allegations against employees and/or discipline procedure. Therefore, confidentiality must be respected to the extent reasonably possible, and disciplinary action may occur if either party does not conform to such confidentiality with respect to the investigation and/or discipline procedure.
Representation
When it is reasonably foreseeable that disciplinary action will occur, and when a delay in a disciplinary meeting would not result in harm to any District functions, the employee will be given twenty-four (24) hours' notice of such a disciplinary meeting, to the extent reasonably possible. An employee may be represented by a person of the employee's choice, including but not limited to a FESA representative.
Suspension and Dismissal
Procedures for discipline of a support staff member are important to correcting inappropriate behavior as an option to dismissing the employee. When disciplinary action is necessary, progressive discipline will be used, except as provided below. Progressive discipline means that the penalty may be increased as the frequency or severity of the infraction increases. An example of progressive discipline may start with a verbal warning, a written warning, and may increase to a letter of reprimand or a letter of direction, suspension, and possible dismissal. An employee who fails to respond to such attempts to correct inappropriate behavior may be dismissed. When an infraction is serious, the support staff member may be suspended or dismissed as a first step.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
13-2911
15-341
15-505
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules