DISCIPLINE, SUSPENSION, TERMINATION. 5 Section 13.01. The District may take disciplinary action against an employee for just cause. A 6 progressive disciplinary policy will normally be followed by the District when deemed necessary to 7 discipline an employee. However, the employer may suspend without pay or terminate any employee 8 when in their judgment the situation warrants such action. Progressive Discipline will normally 9 consist of the following: (1) verbal directive (which may include an email follow up), (2) written 10 directive (3) reprimand (may include suspension), (4) termination. Any disciplinary action taken 11 against an employee shall be appropriate to the behavior which precipitates said action. The following 12 will be considered as being among the causes for disciplinary action or termination: incompetence, 13 insubordination, inability to perform the essential functions of the job in accordance with the 14 Americans with Disabilities Act, willful job abandonment, willful or persistent violation of school 15 laws or policies or regulations, immorality, willful or persistent neglect of duty, addiction to the use 16 of or possession of illegal narcotics or habit forming drugs. At the request of the employee, they may 17 have Union representation at a discipline hearing. 19 Section 13.02. Notification of a suspension or termination of an employee shall be provided to the 20 employee in writing prior to implementing the suspension or termination. The cause(s) for the 21 suspension or termination and applicable time limits shall be stated in said notification. A copy of any 22 letters of discipline, suspension, or termination will be sent to the Union unless the employee requests, 23 in writing, that such copies not be provided to the Union.
DISCIPLINE, SUSPENSION, TERMINATION. A. Discipline
1. Disciplinary Action Disciplinary action is defined as any action taken by the Board or by a responsible supervisor of any secretary as a result of any action or failure to properly act on the part of the secretary and which may be a factor in the suspension, termination, non-renewal or other specific diminution in the benefits of the secretary and which is recorded and made a part of the specific work record of the secretary. Informal discussions or suggestions for work improvements not subsequently made an action of record shall not be considered a disciplinary action. Following an investigation from which discipline is reasonably anticipated for a specific secretary, the supervisor shall, prior to meeting with the secretary for whom discipline is anticipated, advise the secretary that he or she is entitled to representation in the meeting.
2. Just Cause Required Disciplinary action shall be for just cause.
DISCIPLINE, SUSPENSION, TERMINATION. 16
15.1 Good Cause Required for Discipline 16
15.2 Good Cause for Immediate Suspension or Termination 16 15.2(a) Serious Misconduct 16 TOC Revised 9.10.15
15.2 (a)(1) Theft 16
15.2 (a)(2) Physical Violence to Clients or Staff 16 15.2(a)(3) Destruction of Property 17 15.2(a)(4) Willful Refusal to Perform or Follow Employer’s Instruction 17 15.2(a)(5) Serious Disruption of the Operation of the Office/Unit 17 15.2(a)(6) Willful Disrespect Toward Employer 17 15.2(a)(7) Refusal to Perform assigned Tasks 17 15.2(a)(8) Falsification of Records 17 15.2(a)(9) False Representation to a Court 17 15.2(a)(10) Knowing Violation of Colorado Rules of Professional Conduct 17 15.2(a)(11) Other Dishonest, Improper or Unethical Behavior 17 15.2(b) Substantial or Continuing Disregard or Non-Performance of Job Responsibilities 17 15.2(c) Failure to Pass Colorado Bar Exam 17 15.3(a) Progressive Disciplinary system 17 15.3(b) Oral Warnings 17 15.3(c) Written Warnings 17 15.4 Termination or Suspension 18 15.5 Notice of Discipline 18 15.6 Employee Confidentiality 18 15.7 No Suspension for More than Ten Working Days 18 15.8 Immediate Suspension or Termination 18 15.9 Terminations with Two Weeks Notice 18 15.10 Client Interests of Suspended Employees 18 15.11 Non-Disclosure of Suspension 18 15.12 Expungement of Record of Discipline 19 15.13 Records of Disciplinary Actions 19 15.14 Failure to Correct Job Performance under a Work Plan 19
DISCIPLINE, SUSPENSION, TERMINATION. 15.1 No employee who has completed probation may be subjected to discipline, including oral warnings, written warnings, suspension or termination, except for good cause.
15.2 Termination is a more severe form of discipline than suspension and will be used only for more serious violations. Good cause for immediate suspension or termination includes:
(a) serious misconduct such as
(1) theft,
(2) physical violence to clients or staff,
(3) destruction of property,
(4) the willful refusal to perform or follow a reasonable instruction of the Employer after the Employer has advised the employee of the possible consequences of the refusal and the Employer has provided a reasonable opportunity for the employee to consider the consequences of the refusal and to comply with the instruction,
(5) conduct which seriously disrupts the orderly and professional operation of the office/unit,
(6) willful disrespect toward the Employer,
(7) refusal to perform assigned tasks,
(8) falsification of records,
(9) false representation to a court, tribunal or similar body,
(10) knowing participation in a violation of the Colorado Rules of Professional Conduct,
(11) other dishonest, improper or unethical behavior of similar gravity; or
(b) substantial or continuing disregard or non-performance of job responsibilities in applicable job descriptions, or in a remedial work plan pursuant to Article 11.8; or
(c) failure to pass the Colorado Bar after the second examination, unless this requirement is waived.
(a) A progressive disciplinary system of oral and written warnings shall be utilized to afford the employee a reasonable opportunity to improve and correct deficiencies in conduct or job performance before suspension or termination of employment.
(b) When the Employer believes that good cause exists to discipline an employee for misconduct, such as leave without notice, lateness, or excessive absenteeism, the Employer shall first issue one or more oral warnings to the employee. The employee may pursue Steps 1 and 2 of the grievance procedure after receiving an oral warning.
(c) If, after the oral warning, the employee continues in the conduct or engages in any other misconduct of similar nature or gravity, the Employer shall issue a written warning to the employee that specifies the conduct upon which the written warning is based and advises the employee that continued misconduct may result in suspension or termination and that the employee has a right to pursue Steps 1 and 2 of the g...
