Common use of Procedure for Disciplinary Action Clause in Contracts

Procedure for Disciplinary Action. 9.2.1 No unit member shall be subject to disciplinary action because of gender, sexual orientation, race, color, religious creed, marital status, national origin, ancestry, medical condition, age, or disability. 9.2.2 Generally, the concept of progressive discipline applies so that unit members are, depending upon the nature of the offense, to be given appropriate notice of any performance problems or other misconduct which may give rise to disciplinary action, and allow appropriate opportunity to improve. Progressive discipline, which would be appropriate for a minor offense, e.g., tardiness, includes the following: • Verbal counseling; • If the problem is not corrected within a reasonable time, an evaluative conference and one or more written reprimands/warnings indicating the nature of the problem and the consequences of a further violation; • If the problem persists, a suspension without pay for up to 5 working days, and an appropriate reprimand/warning; • Then if the problem persists, either a longer suspension, demotion, disciplinary transfer; or; • Termination of employment, if other means do not correct the problem. Any such suspensions, demotions, disciplinary transfers, or terminations shall (except in compelling circumstances) include a prior right of the unit member to appeal the recommended action to the Superintendent or designee, and the right to appeal subsequently to the Personnel Commission as provided in paragraph 9.3.1 below. It is understood that the above progressive disciplinary procedures (warnings and lesser prior punishments) may vary based upon the seriousness of the offense, and in the case of a serious offense, e.g., theft, are not applicable. 9.2.3 When a unit member is to be subjected to dismissal, demotion, suspension, or disciplinary transfer; specific written charges, including the specific acts or omissions upon which the cause is based, will be furnished to the unit member. 9.2.4 If the unit member desires to be heard by the Superintendent or designee prior to the charges being presented to the Governing Board, the unit member shall request in writing that an informal meeting be scheduled at which the unit member may present any information he/she may wish to in support of his/her position. It shall not be the unit member’s right at this meeting to confront or examine District witnesses. The request for a meeting must be received by the Superintendent or designee within five (5) working days after the unit member has been served with the charges, and the informal hearing shall then be scheduled in writing to be held not less than ten working days after the unit member was served with the charges. The Superintendent shall make a determination as to whether the charges are to be presented to the Board of Education and advise the unit member accordingly. The charges may thereafter be presented to the Governing Board for approval. 9.2.5 When a formal disciplinary action has been approved by the Governing Board, the action and the charges shall be reported to the Director of Human Resources, who shall immediately notify the unit member and shall report the action to the Commission at its next regular meeting. 9.2.6 Notice to the unit member shall be served personally or by registered or certified mail and shall include a copy of the charges, right to obtain evidence, and shall state his/her right to answer, the time limits for such appeal to be filed, and that a hearing will be held upon such appeal. 9.2.7 Notwithstanding the procedures prescribed above, any unit member may, in compelling circumstances, be suspended prior to Board approval at the discretion of the Superintendent, subject to later ratification by the Board at the next regularly scheduled Board meeting. However, the unit member will in such event be entitled to the procedural requirements of this Article. 9.2.8 A unit member charged with the commission of any sex offense as defined in Section 44010 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. Such a suspension will be processed as an involuntary personal leave in accordance with the provisions of this rule relative to suspensions. The unit member is to receive compensation as provided for in the Code section. Such suspension shall be reviewed by the Personnel Commission every 90 calendar days. 9.2.9 Dismissal shall cause removal of the unit member’s name from all employment lists. 9.2.10 Failure to appeal, as provided below, shall make the action of the Governing Board final and conclusive.

Procedure for Disciplinary Action. 9.2.1 No unit member employee shall be subject to disciplinary action because of gender, sexual orientation, race, color, religious creed, marital status, national origin, ancestry, medical condition, age, or disability. 9.2.2 Generally, the concept of progressive discipline applies so that unit members employees are, depending upon the nature of the offense, to be given appropriate notice of any performance problems or other misconduct which may give rise to disciplinary action, and allow appropriate opportunity to improve. Progressive discipline, which would be appropriate for a minor offense, e.g., tardiness, includes the following: • : 9.2.2.1 Verbal counseling; • ; 9.2.2.2 If the problem is not corrected within a reasonable time, an evaluative conference and one or more written reprimands/warnings indicating the nature of the problem and the consequences of a further violation; • ; 9.2.2.3 If the problem persists, a suspension without pay for up to 5 working days, and an appropriate reprimand/warning; • ; 9.2.2.4 Then if the problem persists, either a longer suspension, demotion, disciplinary transfer; or; • 9.2.2.5 Termination of employment, if other means do not correct the problem. Any such suspensions, demotions, disciplinary transfers, suspensions or terminations shall (except in compelling circumstances) include a prior right of the unit member employee to appeal the recommended action to the Superintendent or designee, and the right to appeal the suspension subsequently to the Personnel Commission as provided in paragraph 9.3.1 below. It is understood that the above progressive disciplinary procedures (warnings and lesser prior punishments) may vary based upon the seriousness of the offense, and in the case of a serious offense, e.g., theft, are not applicable. 9.2.3 When a unit member an employee is to be subjected to dismissal, demotion, suspension, or disciplinary transfer; specific written charges, including the specific acts or omissions upon which the cause is based, will be furnished to the unit memberemployee. 9.2.4 If the unit member employee desires to be heard by the Superintendent or designee prior to the charges being presented to the Governing Board, the unit member employee shall request in writing that an informal meeting be scheduled at which the unit member employee may present any information he/she may wish to in support of his/her position. It shall not be the unit memberemployee’s right at this meeting to confront or examine District witnesses. The request for a meeting must be received by the Superintendent or designee within five (5) working days after the unit member employee has been served with the charges, and the informal hearing shall then be scheduled in writing to be held not less than ten working days after the unit member employee was served with the charges. The Superintendent shall make a determination as to whether the charges are to be presented to the Board of Education and advise the unit member employee accordingly. The charges may thereafter be presented to the Governing Board for approval. 9.2.5 When a formal disciplinary action has been approved by the Governing Board, the action and the charges shall be reported to the Director of Human ResourcesPersonnel Services, who shall immediately notify the unit member employee and shall report the action to the Commission at its next regular meeting. 9.2.6 Notice to the unit member employee shall be served personally or by registered or certified mail and shall include a copy of the charges, right to obtain evidence, and shall state his/her right to answer, the time limits for such appeal to be filed, and that a hearing will be held upon such appeal. 9.2.7 Notwithstanding the procedures prescribed above, any unit member employee may, in compelling circumstances, be suspended prior to Board approval at the discretion of the Superintendent, subject to later ratification by the Board at the next regularly scheduled Board meetingwithin two weeks. However, the unit member employee will in such event be entitled to the procedural requirements of this Article. 9.2.8 A unit member regular employee charged with the commission of any sex offense as defined in Section 44010 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. Such a suspension will be processed as an involuntary personal leave in accordance with the provisions of this rule relative to suspensions. The unit member employee is to receive compensation as provided for in the Code section. Such suspension shall be reviewed by the Personnel Commission every 90 calendar days. 9.2.9 Dismissal shall cause removal of the unit memberemployee’s name from all employment lists. 9.2.10 Failure to appeal, as provided below, shall make the action of the Governing Board final and conclusive.

Procedure for Disciplinary Action. 9.2.1 No unit member shall be subject to disciplinary action because of gender, sexual orientation, race, color, religious creed, marital status, national origin, ancestry, medical condition, age, or disability. 9.2.2 Generally, the concept of progressive discipline applies so that unit members are, depending upon the nature of the offense, to be given appropriate notice of any performance problems or other misconduct which may give rise to disciplinary action, and allow appropriate opportunity to improve. Progressive discipline, which would be appropriate for a minor offense, e.g., tardiness, includes the following: •  Verbal counseling; •  If the problem is not corrected within a reasonable time, an evaluative conference and one or more written reprimands/warnings indicating the nature of the problem and the consequences of a further violation; •  If the problem persists, a suspension without pay for up to 5 working days, and an appropriate reprimand/warning; •  Then if the problem persists, either a longer suspension, demotion, disciplinary transfer; or; •  Termination of employment, if other means do not correct the problem. Any such suspensions, demotions, disciplinary transfers, or terminations shall (except in compelling circumstances) include a prior right of the unit member to appeal the recommended action to the Superintendent or designee, and the right to appeal subsequently to the Personnel Commission as provided in paragraph 9.3.1 below. It is understood that the above progressive disciplinary procedures (warnings and lesser prior punishments) may vary based upon the seriousness of the offense, and in the case of a serious offense, e.g., theft, are not applicable. 9.2.3 When a unit member is to be subjected to dismissal, demotion, suspension, or disciplinary transfer; specific written charges, including the specific acts or omissions upon which the cause is based, will be furnished to the unit member. 9.2.4 If the unit member desires to be heard by the Superintendent or designee prior to the charges being presented to the Governing Board, the unit member shall request in writing that an informal meeting be scheduled at which the unit member may present any information he/she may wish to in support of his/her position. It shall not be the unit member’s right at this meeting to confront or examine District witnesses. The request for a meeting must be received by the Superintendent or designee within five (5) working days after the unit member has been served with the charges, and the informal hearing shall then be scheduled in writing to be held not less than ten working days after the unit member was served with the charges. The Superintendent shall make a determination as to whether the charges are to be presented to the Board of Education and advise the unit member accordingly. The charges may thereafter be presented to the Governing Board for approval. 9.2.5 When a formal disciplinary action has been approved by the Governing Board, the action and the charges shall be reported to the Director of Human Resources, who shall immediately notify the unit member and shall report the action to the Commission at its next regular meeting. 9.2.6 Notice to the unit member shall be served personally or by registered or certified mail and shall include a copy of the charges, right to obtain evidence, and shall state his/her right to answer, the time limits for such appeal to be filed, and that a hearing will be held upon such appeal. 9.2.7 Notwithstanding the procedures prescribed above, any unit member may, in compelling circumstances, be suspended prior to Board approval at the discretion of the Superintendent, subject to later ratification by the Board at the next regularly scheduled Board meeting. However, the unit member will in such event be entitled to the procedural requirements of this Article. 9.2.8 A unit member charged with the commission of any sex offense as defined in Section 44010 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. Such a suspension will be processed as an involuntary personal leave in accordance with the provisions of this rule relative to suspensions. The unit member is to receive compensation as provided for in the Code section. Such suspension shall be reviewed by the Personnel Commission every 90 calendar days. 9.2.9 Dismissal shall cause removal of the unit member’s name from all employment lists. 9.2.10 Failure to appeal, as provided below, shall make the action of the Governing Board final and conclusive.