Recommendation for Suspension Without Pay. The parties agree that providing available employee assistance to the employees’ subject to discipline according to this provision is a priority. As such, the following conditions shall apply: • A mandatory employee referral to EAP shall be made at the time the district receives alcohol or drug positively confirmed test results of the employee’s impaired status. • Impairment at work, as set forth in Article V, Section Q, shall be considered misconduct in office for purposes of progressive discipline. To allow for the employee to receive support through EAP and treatment as determined to be medically necessary by treating professionals, any recommended suspension by the Superintendent shall occur immediately upon the superintendent’s receipt, review and consideration of any mitigation, or notification by the employee or their representative that no submission is forthcoming, to allow the employee’s EAP referral to run concurrent with the period of suspension. Upon notification of the employee of a confirmed positive test the employee or their representative has five days to provide mitigation to the Superintendent or their designee. Additional time may be granted based on consent by both parties. • After a thorough examination of all materials relevant to the employee and situation, the Superintendent will make a discipline recommendation for immediate implementation. This recommendation shall be presented at the next regularly scheduled School Board meeting. • The School Board shall determine upon the evidence submitted whether the charges have been sustained and determine either to affirm the suspension by the Superintendent or to adjust the suspension or dismiss the charges by a majority vote. • If the charges are not sustained, the employee shall be entitled to back wages and benefits as applicable. • If the charges are sustained, the employee shall retain his/her right to appeal pursuant to section 120.68 Florida Statues. • Recommendations for Terminations shall follow the procedures set forth in Article V, of the Collective Bargaining Agreement.
Recommendation for Suspension Without Pay. The parties agree that providing available employee assistance to the employee who is subject to discipline according to this provision is a priority. As such the following conditions shall apply: • A mandatory employee referral to EAP shall be made at the time DCPS receives a confirmed positive test result of the employee’s impaired status for alcohol or drug. • To allow for the employee to receive support/treatment through EAP as determined to be medically necessary by treating professionals, any recommended suspension by the Superintendent shall occur immediately upon the superintendent’s receipt, review and consideration of any mitigation, or notification by the employee or their representative that no submission is forthcoming, to allow the employee’s EAP referral to run concurrent with the period of suspension. Upon notification to the employee of a confirmed positive test, the employee or their representative has five days to provide mitigation to the Superintendent or their designee. Additional time may be granted based on consent by both parties. • After a thorough examination of all materials relevant to the employee and situation, the Superintendent will make a discipline recommendation for immediate implementation. This recommendation shall be presented at the next regularly scheduled School Board meeting. • The School Board shall determine upon the evidence submitted whether the charges have been sustained, and determine either to affirm the suspension by the Superintendent or to adjust the suspension or dismiss the charges by a majority vote. • If the charges are not sustained, the employee shall be entitled to back wages and benefits as applicable.
