Common use of Professional Accountability Clause in Contracts

Professional Accountability. 20.1 The District may discipline any unit member for cause, including but not limited to: a violation or disregarding of the law, district rules or regulations, board policy or administrative directives; abusive behavior of a physical or verbal nature toward students, fellow employees or the public while performing school-related activities; failure to perform obligations under the agreement; and/or negligence. 20.2 If a unit member commits an unsatisfactory action(s) as described in 20.1, the progressive actions that may be taken by the District shall be as follows: 20.2.1 A written warning, with suggestions for correction or avoidance of the problem. 20.2.2 A written notice directing the unit member to correct the problem. The notice may include a one (1) day suspension with pay. 20.2.3 Suspension without pay for a specified period of time, not to exceed ten (10) workdays. 20.2.4 If, within eighteen (18) calendar months of committing such unsatisfactory actions(s), a unit member commits similar unsatisfactory action(s) for which he/she received a written notice as provided in 20.2.1, the District may proceed immediately to Section 20.2.2. 20.2.5 If the District contends that the conduct of a unit member is a hazard or poses a clear possibility of a hazard to the students, employees, or property of the school district, or if the District contends that a unit member has been culpable of gross misconduct or dishonesty while performing tasks required of his/her employment, or if the unit member is charged with a felony, the District may suspend with pay immediately and then proceed directly to Section 20.2.3 and follow the procedures specified in this article. 20.3 Notice of intent to suspend without pay shall be served to the unit member in person or by registered mail to his/her last known address. The notice shall include the following information: 20.3.1 Statement of the nature of the disciplinary action (suspension). 20.3.2 Effective date and term of the suspension. 20.3.3 Citation of the specific section in the article and specific charges that are the basis for the suspension. 20.3.4 In cases where 20.2.4 or 20.2.5 are invoked, a statement shall be included which explains the reason(s) the progressive disciplinary steps were omitted. 20.3.5 Statement advising the unit member of his/her right to be heard at a conference with the Superintendent and of the employee's right to representation by the exclusive representative, or a representative of his/her choice, at such conference. 20.4 Within six (6) days of the receipt of notice of District intent to suspend without pay, the affected unit member may request a conference with the Superintendent and a representative of the unit member's choice for the purpose of reviewing the charges and the reasons for the District's stated intent to suspend without pay. Within five (5) days of the conference the District will notify the unit member of the Superintendent's final decision; to implement its announced intention to suspend, to modify its announced intention, or to rescind the suspension. 20.5 A unit member may, within five (5) days after receipt of the Superintendent's decision, appeal the decision to the Board of Education. The Board of Education shall schedule a meeting with the unit member at the next regularly scheduled Board meeting. The Board of Education's decision shall be binding and final. The Board's decision shall be communicated in writing to the unit member within five (5) days following its decision. 20.6 Except in cases where Section 20.2.5 is invoked, implementation of a suspension shall not occur until either the appeal to the Superintendent and Board of Education is completed or the unit member fails to appeal to the Superintendent and the Board of Education. In cases where Section

Professional Accountability. 20.1 The District may discipline any unit member for cause, including but not limited to: a violation or disregarding of the law, district rules or regulations, board policy or administrative directives; abusive behavior of a physical or verbal nature toward students, fellow employees or the public while performing school-related activities; failure to perform obligations under the agreement; and/or negligence. 20.2 If a unit member commits an unsatisfactory action(s) as described in 20.1, the progressive actions that may be taken by the District shall be as follows: 20.2.1 A written warning, with suggestions for correction or avoidance of the problem. 20.2.2 A written notice directing the unit member to correct the problem. The notice may include a one (1) day suspension with pay. 20.2.3 Suspension without pay for a specified period of time, not to exceed ten (10) workdays. 20.2.4 If, within eighteen (18) calendar months of committing such unsatisfactory actions(s), a unit member commits similar unsatisfactory action(s) for which he/she they received a written notice as provided in 20.2.1, the District may proceed immediately to Section 20.2.2. 20.2.5 If the District contends that the conduct of a unit member is a hazard or poses a clear possibility of a hazard to the students, employees, or property of the school district, or if the District contends that a unit member has been culpable of gross misconduct or dishonesty while performing tasks required of his/her their employment, or if the unit member is charged with a felony, the District may suspend with pay immediately and then proceed directly to Section 20.2.3 and follow the procedures specified in this article. 20.3 Notice of intent to suspend without pay shall be served to the unit member in person or by registered mail to his/her their last known address. The notice shall include the following information: 20.3.1 Statement of the nature of the disciplinary action (suspension). 20.3.2 Effective date and term of the suspension. 20.3.3 Citation of the specific section in the article and specific charges that are the basis for the suspension. 20.3.4 In cases where 20.2.4 or 20.2.5 are invoked, a statement shall be included which explains the reason(s) the progressive disciplinary steps were omitted. 20.3.5 Statement advising the unit member of his/her their right to be heard at a conference with the Superintendent and of the employee's right to representation by the exclusive representative, or a representative of his/her their choice, at such conference. 20.4 Within six (6) days of the receipt of notice of District intent to suspend without pay, the affected unit member may request a conference with the Superintendent and a representative of the unit member's choice for the purpose of reviewing the charges and the reasons for the District's stated intent to suspend without pay. Within five (5) days of the conference the District will notify the unit member of the Superintendent's final decision; to implement its announced intention to suspend, to modify its announced intention, or to rescind the suspension. 20.5 A unit member may, within five (5) days after receipt of the Superintendent's decision, appeal the decision to the Board of Education. The Board of Education shall schedule a meeting with the unit member at the next regularly scheduled Board meeting. The Board of Education's decision shall be binding and final. The Board's decision shall be communicated in writing to the unit member within five (5) days following its decision. 20.6 Except in cases where Section 20.2.5 is invoked, implementation of a suspension shall not occur until either the appeal to the Superintendent and Board of Education is completed or the unit member fails to appeal to the Superintendent and the Board of Education. In cases where Section