GCQFDISCIPLINE, SUSPENSION, AND DISMISSAL
OF PROFESSIONAL STAFF MEMBERS
GCQF(Discipline for Misconduct)
In an effort to provide and maintain a quality educational system, it is important to assure that professional employees are of the highest standard. It is the intention of the Governing Board to provide administrators with guidance in the discipline of teachers and other professional employees who fail to adhere to proper standards of professionalism. Teachers and other professional employees may be disciplined for violation of the rules, regulations, and policies of the Governing Board, for violation of state and federal laws, and for other just cause. The Governing Board reserves the right not to discipline an employee for a violation of the rules, regulations, and policies of the Board.
It is the expectation of the Governing Board that, in any investigation of allegations of misconduct or any situation involving the possibility of disciplinary action, all parties conduct themselves professionally. Threats, profanity, or demeaning language or actions are not considered professional behaviors.
Definition of Disciplinary Action
For purposes of this policy, disciplinary action is defined as any action in which all three (3) of the following are present:
A. Specifies a failure to comply with the rules, regulations, and policies of the District or pertinent laws;
B. Requires corrective action or other consequence; and
C. Will involve a written disciplinary record that becomes part of the employee's personnel record.
Oral counseling and oral reprimands are not considered to be disciplinary action. Letters of counseling or written direction shall not be considered to be disciplinary action.
Investigation and/or fact-finding is not considered disciplinary action.
Fact-Finding Investigations
Prior to imposing discipline, the administrator shall conduct an investigation to determine whether misconduct has occurred. The employee shall be notified when an investigation is occurring, unless this disclosure may jeopardize the security of the investigation as determined in good faith by the administrator in consultation with legal counsel.
Notwithstanding the foregoing, if the administrator believes discipline may result at the conclusion of the investigation, the administrator shall inform the employee of this upon establishing this intent prior to interviewing the employee.
If the employee believes that an investigation has moved beyond the fact-finding stage, the employee may ask if disciplinary action is intended. If the supervisor indicates that disciplinary action against the employee is possible, the employee may elect to end the meeting until representation or tape recording of the meeting can be arranged.
Due Process
Employees will be afforded appropriate procedures of due process in all matters of discipline. Due process requires the following:
A. Notice to the employee of the allegations against the employee; and
B. An opportunity to be heard regarding the allegations; e.g., an opportunity to explain that the conduct did not occur as alleged, or to explain how circumstances justified the conduct.
Letters of Counseling or Direction
Letters of counseling or direction are not disciplinary actions, but may be used to direct corrective action in an employee's conduct or behavior. A letter of counseling is not an appropriate means to address conduct toward students that is deemed highly inappropriate by a reasonable person's standard, or which may be criminal in nature. For such conduct, some form of discipline, as defined in this policy is warranted.
A letter of counseling shall not be placed in an employee's personnel file, but may be maintained in a separate desk or site file by the administrator. If the administrator intends to maintain a copy of the letter of direction at the site level, the letter shall reference that fact. If an employee transfers to a different site, a letter of counseling may be transferred to the new supervisor of the employee.
Forms of Disciplinary Action
Although administrators shall make every effort to utilize progressive disciplinary standards and actions, more severe disciplinary measures may be imposed based upon the specific violation and circumstances. Any single violation or any combination of violations may be found to constitute cause for dismissal, suspension without pay, or other disciplinary action.
Every employee is required to fulfill all of the duties as set forth in the District's policies and regulations. The failure of an employee to fulfill these duties may result in disciplinary action being taken against the employee. Disciplinary action includes, but is not limited to, the following actions:
A. Written reprimand.
B. Suspension with or without pay for any period in excess of ten (10) working days, determined by the Governing Board.
C. Dismissal, including non-renewal or termination of contract.
Representation
Employees shall be allowed to conference with and be represented by a representative of the Amphitheater Education Association or other individual of their choice in matters of disciplinary action. Employees shall also be permitted to tape record disciplinary meetings. If an employee intends to tape record or bring representation other than legal counsel to a meeting, the employee shall notify the administrator at least one (1) work day in advance of the scheduled meeting. If the employee intends to bring legal counsel to a meeting, the employee shall notify the administrator at least three (3) work days in advance of the scheduled meeting.
Privacy
Any discipline of an employee shall be conducted in private, and not in the presence of students, parents, other employees, or the public.
Disagreement with Disciplinary Action
An employee who disagrees with disciplinary action may submit a written rebuttal to such disciplinary action, which (a) presents the employee's assertion that the conduct did not occur as reported, (b) an explanation of how circumstances justified the conduct, and/or (c) why the teacher feels the disciplinary action imposed is too severe. A copy of the employee's rebuttal will be placed in the employee's personnel file and will be provided to the individual who prepared the disciplinary action report. This rebuttal may be submitted in addition to and/or in lieu of a grievance filed by the employee.
Adopted: date of Manual adoption
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