Common use of Causes for Discipline of a Permanent Unit member Clause in Contracts

Causes for Discipline of a Permanent Unit member. 19.5.1 In addition to any disqualifying or actionable causes otherwise provided for by statute or by policy or regulation of this District, each of the following constitutes cause for personnel action against a permanent unit member: (a) Falsifying any information supplied to the District. This includes, but is not limited to, information supplied on application forms, employment records, time sheets or cards, absence forms or any other District records. (b) Incompetency or inefficiency in performance of the duties of his/her position. (c) Neglect of duty. (d) Failure to perform bonafide requirements of the position held. (e) Repeated and/or unauthorized absenteeism and/or tardiness, including abuse of illness or other leave provisions. (f) Conviction of any felony or any crime involving moral turpitude, or conviction of any sex or substance abuse offense made relevant by provisions of the Education Code. A plea of guilty, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. (g) An act of insubordination. This shall include, but is not limited to, refusal or other failure to either comply with a direct order and/or to perform regular or other assigned work. (h) While on duty: either used, sold/furnished, or was under the influence of, or unlawfully possessed, any controlled substance (as defined in Health and Safety Code Section 11007 et seq). (i) While off duty: unlawfully sold/furnished, was under the influence of, or possessed, any controlled substance (as defined in Health and Safety Code Section 11007 et seq). (j) Consumption of an alcoholic beverage or an intoxicant of any kind, while on duty or in such close time proximity thereto as to cause any detrimental effect upon the unit member or upon unit members associated with him/her. Specifically prohibited is carrying an alcoholic beverage, or intoxicant, into a District facility or onto a District property. (k) Knowingly provided, in a verbal or written manner, confidential unit member and/or student records to an unauthorized person or persons. (l) Possession of a firearm or other dangerous object of no reasonable use to the unit member during work time. (m) Immoral conduct. (n) Careless or reckless operation of any District vehicle or equipment. (o) Dishonesty or theft, including deliberate destruction, damage or removal of District or another person’s property. (p) Willful/knowing violation of District rules, policies or procedures. This shall also include refusal to obey safety rules or regulations made applicable to public schools by the State Board of Education or by another appropriate state or governmental agency. (q) Failure to possess or keep in effect any license, certificate, or other similar requirement required by the State of California or another appropriate state or governmental agency, for service in the unit member’s classification. This shall result in termination as a ministerial act. (r) Inexcusable discourteous, offensive, or abusive conduct or language toward the public, a pupil, or another officer or unit member of the District. (s) Conduct, either during or outside of duty hours, which negatively impacts the unit member’s ability to render service to the District or causes discredit to the District. (t) Any cause set forth in the California Education Code which mandates discipline, dismissal, or prohibits hiring. 19.5.2 No disciplinary action shall be taken for any cause, or based upon any event, which arose prior to the unit member achieving permanent status, nor for any cause or event which arose more than two years preceding the date of filing of the notice of cause unless such cause was concealed or not disclosed by such unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. Such prior event(s), however, may be utilized in determining the appropriate level of discipline.