13. DISCIPLINARY PROCEDURES

13.1 Reprimand, Demotion, Suspension, or Termination

13.1.1 Reprimand, Demotion, Suspension or Termination shall be for just cause. Just cause shall be defined as:

a. Incompetence or continued rendering of unsatisfactory service after instruction and/or counseling.

b. Gross neglect of duty or specific serious failure to perform assigned duties.

c. Insubordination.

d. Serious breach of discipline.

e. Absence without leave, or failure to give proper notice of absence to the detriment of service.

f. Failure to return to duty at the end of an authorized absence.

g. Indulgence in an intoxicating beverage, an hallucinogen, or a controlled stimulant or depressant drug while on duty or preceding duty so that such indulgence can be discerned after the time for commencement of duties; or possession of such substances on the employer's premises during working hours. (The professional opinion of one licensed physician, or the signed statements of two or more other persons, shall suffice for determination of discernment of intoxication.)

h. Conviction, or entry of a plea of guilty or nolo contendere of a felony or of a misdemeanor having specific relevance to the duties of the employee's classification. Criminal record factors as listed in 2.3.2 and 2.3.3 will be considered in evaluating the relevance to the employee's classification.

i. Negligent or willful damage to public property.

j. Theft, conversion of, or willful or careless waste of, public supplies, property, or equipment.

k. Unauthorized use of public personnel services, supplies, property, facilities, or equipment.

l. Use of bribery or political pressure to secure appointment or advantages.

m. Material falsification of information as part of the qualifying application for employment and/or promotion, or any other official document of the School Board for the purpose of personal gain or reward.

n. In connection with official duties, acceptance of compensation other than that specifically authorized.

o. Utilization of official position for unauthorized personal gain.

p. Failure to maintain competence or legal capacity to perform duties required of an incumbent in the classification.

q. Mental or physical disability, as supported by written documentation from not less than two licensed physicians.

r. Possession of a firearm, weapon or destructive device while on any School Board property.

13.2 Procedures for Employee Demotion, Suspension or Termination

13.2.1 All conferences with ESP employees related to demotion, suspensions, or termination proceedings shall be summarized in writing by the administrator with a copy furnished to the employee. The employee may respond in writing to any such summary.

13.2.2 The ESP is entitled to have a representative present at any meeting, hearing, or conference related to demotion, suspension or termination and shall be informed of this right before such meeting occurs.

13.2.3 When an ESP is being considered for demotion, suspension, or termination, the General Director of Professional Standards shall send written notice to the ESP, their principal/supervisor, and the Association of a predisciplinary investigative hearing to be held before any action is taken, except as noted below in 13.2.4 and 13.2.5. This notice shall include: the specific cause (defined in Section 13.1.1) that warrants consideration of demotion, suspension, or termination; any documentation relative to the charge(s); and any known specific disciplinary action being considered.

13.2.4 Any ESP employee arrested for a crime constituting a felony or a misdemeanor may be immediately suspended from duty by the Superintendent.

If as a result of the disposition of an arrest no disciplinary action is recommended, any normal salary that would have been earned during the time of suspension without pay shall be reimbursed to the ESP.

13.2.5 In cases where the Superintendent concludes that public interest necessitates immediate suspension, this decision in itself must be predicated upon the ability of the Superintendent's staff to substantiate the specific adverse effect that would result contrary to the public interest.

The scheduling of or the intent to schedule a predisciplinary hearing does not preclude any discussions and/or meetings between the Administration and the ESP/Association to clarify or resolve the relative issues which may result in eliminating the need for the hearing.

13.2.6 Due to the investigative nature of the predisciplinary hearing, the hearing and all relative information shall be handled in a confidential manner. The hearing may be recorded by the parties. Those persons who shall be allowed present in the hearing and their functions are listed below.

a. The General Director of Employee Relations and/or his designee: to present any information relative to procedure; to hear and clarify all information presented in order to report such information to the General Director of Professional Standards or designee

b. The ESP employee being considered for demotion, suspension, or termination: to hear and clarify all information relative to charges; to present any information relative to charges.

c. The ESP's representative: to observe and assist the ESP employee in the hearing.

d. No other persons shall be allowed to be present in the hearing unless specific agreement is made before the hearing between the General Director of Employee Relations and/or his designee and the ESP/Association.

13.2.7 As a result of the hearing and the report of the General Director of Professional Standards, one of the following actions and/or recommendations shall be made by the Superintendent/Assistant Superintendent for the Division of Human Resources:

a. Any and all charges that have not been proven shall be dropped. The ESP shall be notified in writing (copy to the Association) and shall be returned to work as appropriate.

b. Recommendations for administrative transfer (including demotion), shall be implemented after written notification to the ESP (copy to the Association) of the recommendation and the specific cause for the recommendation.

c. A recommendation for suspension without pay for a specific time period as a singular disciplinary action shall be implemented after written notification to the ESP (copy to the Association) of the recommendation and the specific cause for the recommendation and after written notification to the School Board.

d. If a recommendation for termination is deemed appropriate by the Superintendent/Assistant Superintendent for the Division of Human Resources, the non-probationary ESP and the School Board shall be notified in writing (copy to the Association) of such a recommendation and the specific cause for this recommendation.

Within ten work days of receipt of this notification, a non-probationary ESP may request to appeal this recommendation for termination through the grievance procedure (Section 22) starting at Level II. If no request for appeal is made within the time limit, the termination shall be implemented as recommended. If a request for appeal is made, the ESP shall be notified in writing (copy to the Association) of the date and time of the Level II hearing at least ten work days before the hearing date.

With notification of the recommendation for termination, the Superintendent may suspend the non-probationary ESP with or without pay until appeal hearing procedures have been completed.

A probationary ESP may not appeal a termination through the grievance procedure. Such a recommendation shall be implemented after written notification to the ESP (copy to the Association) of the recommendation and the specific cause for this recommendation.

All ESP employees may use the grievance process for violations of contractual termination procedures.

13.2.8 If the charges are dismissed through the grievance procedure, the ESP shall be returned to regular status, as necessary, immediately upon notification. If the charges are dismissed through the grievance procedure and the ESP was suspended without pay pending the completion of the appeals process, any normal salary that would have been earned during the time of suspension shall be reimbursed to the ESP.