GDQDDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
SUPPORT STAFF MEMBERS
GDQD(Discipline)
Disciplinary Action
In all cases where a supervisor deems that serious disciplinary action is required, the director of personnel services shall be contacted prior to the implementation of such action. Employees shall be informed of the specific reasons and shall be advised of their right to appeal. Such information must be provided in writing, with a copy to the director of personnel services.
In the interest of District-wide equity in applying disciplinary action, and because of the increasing complexity of employee rights legislation at both state and federal levels, the director of personnel services is to be consulted before the initiation of any disciplinary action.
It is the policy of the District to provide employees, whose work has been judged to be unsatisfactory, opportunities to improve their performance. Therefore, such employees will, where practical, receive counseling prior to disciplinary action. This may be accomplished through the Plan of Assistance for Improvement.
Disciplinary action other than suspension or dismissal shall be considered constructive measures for the correction of deficiencies in the performance or conduct of productive employees who otherwise warrant retention. For this reason, such actions should be taken only to the degree of severity necessary to obtain the required improvement. Supervisors are authorized to take disciplinary actions including official reprimands or the establishment of the employee Plan of Assistance program. Recommendations for suspension or dismissal must be submitted to the director of personnel services. Whenever disciplinary action is required, the corrective nature is to be in the form of a memorandum or official notice of deficiency to the staff member and must indicate the specific deficiencies and corrective action required for satisfactory performance.
Dismissal or suspension of staff members shall be authorized only in accordance with the established procedures. Suspension or dismissal must be approved by the Governing Board.
Types of Disciplinary Action
Reprimand: Official reprimands are least severe disciplinary action and may be either oral or in writing. Written reprimands in the way of Notice of Deficiency should be used for more serious offenses or deficiencies and where there is a possibility of suspension or dismissal for repeated offenses. Reprimands/Notices of Deficiency indicate to the employee the specific nature of his deficiencies and what action is required for improvement. Any record of dates of prior discussions of deficiencies and specific points discussed are to be included in written reprimands.
A. The best means of giving official reprimands is a letter to the employee or the official Notice of Deficiency.
B. Notices of Deficiency or reprimands may not be appealed by employees, since no adverse action is actually being taken. Employees do have the right to respond to the notice in writing and state their positions.
Suspension: Suspension, the temporary release of a staff member from duty with or without pay, is a more severe action and may be used only once for each kind of offense. Should an employee's conduct or performance warrant more than a suspension, dismissal should be considered.
A. Suspensions should be imposed in direct proportion to the significance of an offense or deficiency. The procedure in notifying the director of personnel services prior to disciplinary action is to be followed.
B. Notice of suspension must be given to the employee in writing and indicate:
1. The reason for the action.
2. Inclusive dates of suspension.
3. The employee's right to appeal.
C. If a supervisor views a situation as being so severe as to deem it necessary to immediately remove the employee from the premises, the supervisor may do so orally. A written confirming notice from the director of personnel services will be delivered in person or sent by certified mail to the employee within twenty-four (24) hours.
Disciplinary probation: A disciplinary probation period, in the form of the Plan of Assistance for Improvement, may be imposed because of conduct or substandard performance.
A. This disciplinary probation period shall last a minimum of thirty (30) days to a maximum of six (6) months.
B. The Plan of Assistance for Improvement will include:
1. Description of deficiency, related standards of job description items.
2. Supervisor expectation - how things should "look" after the deficiency has been corrected.
3. Recommend program to correct deficiency.
4. Assistance and resources to be provided.
5. Date by which plan must be completed (minimum of thirty [30] days). This plan may be terminated after thirty (30) days and prior to the date noted for any reason(s) deemed appropriate by the school system.
C. The imposition of a Plan of Assistance Program does not create an obligation on the part of the supervisor to refrain from other disciplinary action during this period, including, but not limited to, suspension or dismissal.
Nonrenewal: This process will apply only to employees who have completed three (3) or more years of continuous service to the District. This section does not apply to employees who are not renewed due to budgetary reasons or restructuring of the organization, nor does it include employees who are on terminal contracts or if an employee does not maintain or fails to obtain certification, licenses or coursework required for their position.
A. If a supervisor of an employee deems that a nonrenewal of an employee is necessary, then the director of personnel services will be consulted in advance in accordance with this policy. All of the facts surrounding the recommendation for nonrenewal will be discussed at that time.
B. Upon approval by the director of personnel services, the employee's supervisor will prepare a written recommendation to not renew, to include:
1. Effective date.
2. Reason(s) for the recommendation.
3. All documentation of previous unsatisfactory service.
4. A summary of any effort to correct the cause for nonrenewal.
5. A summary of the employee's appeal rights will be sent to the assistant superintendent for educational services who will issue a recommendation to the Governing Board.
C. Delivery of nonrenewal notices will be directly from the director of personnel services to the staff member. If this is not possible, delivery will be made by certified United States mail, return receipt requested.
Dismissal: (Note: The following procedure will apply in the majority of dismissal cases; however, special circumstances require that an employee be removed immediately from the premises.)
A. If the supervisor of an employee deems that dismissal is necessary, then the director of personnel services will be consulted in advance in accordance with this policy. All of the facts surrounding the dismissal recommendation and/or Plan of Assistance for Improvement will be discussed at that time.
B. Upon approval by the director of personnel services of a presentation to the Governing Board for a recommendation to dismiss, the employee's supervisor will prepare a written notice of dismissal, to include:
1. Effective date.
2. Reason(s) for the recommendation.
3. All documentation of previous unsatisfactory service.
4. A summary of any effort to correct the cause for dismissal.
5. A summary of the employee's appeal right.
C. Delivery of dismissal notices will be directly from the director of personnel services to the staff member. If this is not possible, delivery will be made by certified United States mail, return receipt requested.
Probationary Employees
This policy shall not be applicable to employees who have not been employed for more than six (6) months with the District. Employees are employed at the will of the District, have no expectation of continued employment, and may be subject to dismissal at any time during or at the conclusion of the initial employment period, for any reason or no reason, at the discretion of the Governing Board. Employees who are terminated during the first six (6) months of employment shall not be entitled to receive due process or other hearing procedures.
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