Relationship to Other Proceedings. Demotions or dismissals may be imposed independently of the evaluation/discipline/critical material provisions of Section 1-6 of this Article. Such evaluation/discipline/critical material shall not be regarded as a pre-condition for demotion or dismissal. The outcome of a grieved evaluation, suspension, critical material or Unsatisfactory Notice does not control the outcome of a demotion or dismissal, but may be considered as part of the final decision under this rule. Also, certain general procedural requirements (e.g., the provision for annual re-evaluation, and the provision for recommended improvement and assistance) are based upon the assumption that the employee is to be retained and continued in his or her administrative assignment. However, such requirements are applicable only to employees being retained, and do not insulate employees from demotion or dismissal.
Relationship to Other Proceedings. 1. This Article is intended to supplant the District’s right to suspend employees under Education Code Section 44934, but nothing in this article shall limit the District’s right to institute dismissal and immediate suspension and mandatory leave of absence proceedings as set forth in the other provisions of the California Education Code (including but not limited to Section 44939 et seq.), nor shall discipline under this Article be regarded as a precondition to proceedings under the California Education Code.
Relationship to Other Proceedings. Any of the disciplinary measures referred to in Section 3.0-a of this Article may be imposed independently of the evaluation procedures of Sections 3.0 through 8.4 of Article X, and independently of statutory suspension/dismissal proceedings. Such discipline shall not be regarded as a pre-condition for a statutory suspension/ dismissal proceeding. If a statutory suspension or dismissal proceeding is filed based in whole or part upon the service or conduct which gave rise to the disciplinary proceeding under this Section, then any grievance arising under this Section not yet taken to arbitration, shall be deferred pending resolution of the statutory proceedings.
