Common use of Discharge for Gross Misconduct Clause in Contracts

Discharge for Gross Misconduct. Gross misconduct on the part of the employee shall result in the employee being placed on administrative leave with pay by the appropriate administrator or supervisory personnel. Such action shall be valid until an appropriate investigation of the facts pertaining to the alleged gross misconduct can be conducted and, based upon the findings, reinstate, reinstate with discipline or discharge the alleged offender. Investigations will be conducted as expeditiously as possible. When practical, the conditions contributing to placing the employee on administrative leave should be brought to the attention of the appropriate division head before notifying the employee. A recommendation to discharge an employee for gross misconduct following an investigation of the charges can only be made by a division head and/or the Chief Human Resources Officer. Examples of gross misconduct are: a. Being under the influence of intoxicants or narcotics during working hours b. Stealing, willfully destroying, or defacing Board of Education property c. Being convicted of a criminal offense involving moral turpitude d. Fighting, creating a disturbance