Common use of Disciplinary Penalties Imposed by the Board Clause in Contracts

Disciplinary Penalties Imposed by the Board. If the Board finds that sufficient cause exists it may impose disciplinary action proposed by the Superintendent or his designee or it may impose a lesser disciplinary penalty. 1. If the Superintendent or his/her designee determines that pending a Board hearing on the demotion, suspension or dismissal of a permanent classified employee, the immediate demotion or suspension without pay would be in the best interests of the District, the following procedure shall be initiated prior to imposing the demotion or suspension: a. In addition to the written notice of the proposed disciplinary action as provided in Section D, the employee shall be given written notice of the demotion or suspension without pay and the charges upon which this action is based and his/her right to respond to those charges both orally at a conference and in writing. b. The employee shall be given notice of the immediate demotion or suspension sufficiently in advance of the action to review the charges and to frame a response. c. The demotion or suspension action should be discussed prior to its occurrence at a conference with the Superintendent or his/her designee, during which time the employee shall have the right to present any rebutting evidence. 2. Nothing in this section shall be construed to prohibit an immediate interim suspension prior to notice and a conference where an immediate suspension is required to protect lives or property, provided that: a. The suspended employee is given written notice in person or by deposit in the U. S. Certified mail of the charge upon which the suspension was based within one working day after suspension; b. The employee is notified of his/her right to file a written response or to have a conference with the appropriate administrator; c. A reasonable opportunity is afforded the employee for a conference within five days from the date of suspension. d. Any employee charged with the commission of any sex offense as defined in Education Code Section 44010 or any narcotics offense as defined in Section 44011 of the Education Code by complaint, information or indictment filed in a Court of competent jurisdiction may be suspended as provided for in Section 45304 of the Education Code.

Disciplinary Penalties Imposed by the Board. 36 If the Governing Board finds that sufficient cause exists exists, it may impose disciplinary action proposed by the Superintendent 37 Superintendent/President or his designee Designee, or it may impose a lesser disciplinary penalty. 1. 38 1 Immediate Demotion or Suspension without Pay or Benefits of Permanent Classified Employee 2 If the Superintendent Superintendent/President or his/her designee Designee determines that pending a Board hearing on the demotion, suspension 3 suspension, or dismissal of a permanent classified Classified employee, the immediate demotion or suspension of the 4 employee without pay would be in the best interests of the District, the following procedure shall be 5 initiated prior to imposing the demotion or suspension: a. 6 1. In addition to the written notice of the proposed disciplinary action as provided in Section D4, the 7 employee shall be given written notice of the demotion or suspension without pay and pay, the charges 8 upon which this action is based based, and his/her their right to respond to those charges both orally at a 9 conference and in writing. b. 10 2. The employee shall be given notice of the immediate demotion or suspension sufficiently in advance of the 11 action to review the charges and to frame a response. c. 12 3. The demotion or suspension action should be discussed prior to its occurrence at a conference 13 with the Superintendent Superintendent/President or his/her designeeDesignee, during which time the employee shall have the 14 right to present any rebutting evidence. 2. 15 a. Nothing in this section shall be construed to prohibit an immediate interim suspension prior to 16 notice and a conference where an immediate suspension is required to protect lives or 17 property, provided that: a. 18 i. The suspended employee is given written notice in person or by deposit in the U. S. U.S. Certified mail of the charge upon which the suspension was based within one working day 20 after suspension;. b. 21 ii. The employee is notified of his/her their right to file a written response or to have a conference 22 with the appropriate administrator;Supervisor. c. 23 iii. A reasonable opportunity is afforded the employee for a conference within five (5) 24 calendar days from the date of suspension. d. Any employee charged with the commission of any sex offense as defined in Education Code Section 44010 or any narcotics offense as defined in Section 44011 of the Education Code by complaint, information or indictment filed in a Court of competent jurisdiction may be suspended as provided for in Section 45304 of the Education Code.

Disciplinary Penalties Imposed by the Board. If the Board finds that sufficient cause exists it may impose disciplinary action proposed by the Superintendent or his designee or it may impose a lesser disciplinary penalty. 1. If the Superintendent or his/her designee determines that pending a Board hearing on the demotion, suspension or dismissal of a permanent classified employee, the immediate demotion or suspension without pay would be in the best interests of the District, the following procedure shall be initiated prior to imposing the demotion or suspension: a. In addition to the written notice of the proposed disciplinary action as provided in Section D, the employee shall be given written notice of the demotion or suspension without pay and the charges upon which this action is based and his/her right to respond to those charges both orally at a conference and in writing. b. The employee shall be given notice of the immediate demotion or suspension sufficiently in advance of the action to review the charges and to frame a response. c. The demotion or suspension action should be discussed prior to its occurrence at a conference with the Superintendent or his/her designee, during which time the employee shall have the right to present any rebutting evidence. 2. Nothing in this section shall be construed to prohibit an immediate interim suspension prior to notice and a conference where an immediate suspension is required to protect lives or property, provided that: a. The suspended employee is given written notice in person or by deposit in the U. S. Certified mail of the charge upon which the suspension was based within one working day after suspension; b. The employee is notified of his/her right to file a written response or to have a conference with the appropriate administrator; c. A reasonable opportunity is afforded the employee for a conference within five days from the date of suspension. d. 3. Any employee charged with the commission of any sex offense as defined in Education Code Section 44010 or any narcotics offense as defined in Section 44011 of the Education Code by complaint, information or indictment filed in a Court of competent jurisdiction may be suspended as provided for in Section 45304 of the Education Code.

Disciplinary Penalties Imposed by the Board. 11 If the Governing Board finds that sufficient cause exists exists, it may impose disciplinary action proposed by the Superintendent the‌‌‌‌‌ 12 Superintendent/President or his designee Designee, or it may impose a lesser disciplinary penalty. 1. 13 Immediate Demotion or Suspension without Pay or Benefits of Permanent Classified Employee 14 If the Superintendent Superintendent/President or his/her designee Designee determines that pending a Board hearing on the demotion, suspension 15 suspension, or dismissal of a permanent classified Classified employee, the immediate demotion or suspension of the 16 employee without pay would be in the best interests of the District, the following procedure shall be 17 initiated prior to imposing the demotion or suspension: a. : 18 1. 20 21 22 2. 23 24 3. 25 26 27 28 29 30 31 32 33 34 35 36 In addition to the written notice of the proposed disciplinary action as provided in Section D4, the employee shall be given written notice of the demotion or suspension without pay and pay, the charges upon which this action is based based, and his/her their right to respond to those charges both orally at a conference and in writing. b. writing.‌‌ The employee shall be given notice of the immediate demotion or suspension sufficiently in advance of the action to review the charges and to frame a response. c. response.‌ The demotion or suspension action should be discussed prior to its occurrence at a conference with the Superintendent Superintendent/President or his/her designeeDesignee, during which time the employee shall have the right to present any rebutting evidence.evidence.‌‌ 2. a. Nothing in this section shall be construed to prohibit an immediate interim suspension prior to notice and a conference where an immediate suspension is required to protect lives or property, provided that: a. i. The suspended employee is given written notice in person or by deposit in the U. S. U.S. Certified mail Mail of the charge charges upon which the suspension was based within one (1) working day after suspension;. b. ii. The employee is notified of his/her their right to file a written response or to have a conference with the appropriate administrator;Supervisor. c. iii. A reasonable opportunity is afforded the employee for a conference within five (5) calendar days from the date of suspension. d. Any employee charged with the commission of any sex offense as defined in Education Code Section 44010 or any narcotics offense as defined in Section 44011 of the Education Code by complaint, information or indictment filed in a Court of competent jurisdiction may be suspended as provided for in Section 45304 of the Education Code.