Common use of Causes for Suspension, Demotion, Dismissal Clause in Contracts

Causes for Suspension, Demotion, Dismissal. Any employee may be dismissed, demoted, suspended or otherwise disciplined for any of the following causes: Dishonesty; drunkenness; immoral conduct, or sale, use or criminally charged with use or sale of narcotics or dangerous drugs prohibited by law. Consecutive performance ratings of “Unsatisfactory” in the group or groups in which the employee was rated, provided the ratings are supported by proof factors on which they are based. Political activities engaged in by an employee during his assigned hours of employment. Criminally charged with or conviction of a felony crime by a court of law. Frequent tardiness or absences, thereby resulting in disruption and loss of efficiency in the operating unit in which the employee is assigned. Sick leave when habitually taken for trivial indispositions. Continuing illness of a disabling nature after the exhaustion of sick leave and leave of absence privileges. Contraction of some infectious disease, or physical ailment, or a physical or mental condition such as to incapacitate the employee in the proper performance of the duties of his/her position. Incompetency, inefficiency, insubordination, inattention to or dereliction of duty, discourteous treatment of the public, students, or other employees, physical attack or fighting, or any other willful failure of good conduct tending to injure the public service, or any willful or persistent violation of the provisions of the Education Code or rules, regulations, or procedures adopted by the Board of Education, provided that upon demand of the accused employee, specific instances must be set forth as to any of the causes enumerated under this heading. Use of fraud, deception or misrepresentation of material facts in obtaining an appointment, or a place on an eligibility list. Knowing membership by the employee in the Communist Party. Violation of any of the provisions of Sections 7001 to 7006 inclusive of the Education Code (affiliation with the Communist Party or other subversive group or party). Inability to be insured or bonded at the standard rate by the District’s insurance carrier. Conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statues of 1947. (Membership in an organization advocating violet overthrow of the government.) The participation of an employee in any publicity release referring to problems of his or her employment or school district problems in genera, prior to having exhausted normal district channels of communication or grievance remedy. Bringing intoxicants into or consuming intoxicants on any school property or reporting for work under the influence of intoxicants in any degree whatsoever. Negligence or willful damage to public property. Failure to report for health exam after due notice. Offering anything of value or offering any service in exchange for special treatment in connection with the employee’s job or employment, or the accepting of anything of value or any service in exchange for granting any special treatment to another employee or to any member of the public. Abandonment of position. Loss or suspension of certificated required by job description.