27.1 Definition

Disciplinary action is any action which deprives a unit member of any classification and includes, but is not limited to, termination, demotion, suspension with or without pay, or non-consensual reduction in hours or class.

27.2 Causes

The Governing Board may impose discipline on any unit member for just and reasonable cause. Such cause may consist of, but is not limited to, the following:

27.2.1 Unsatisfactory attendance or abuse of leave privileges.

27.2.2 Unsatisfactory fulfillment of job responsibilities including, but not limited to:

27.2.2.1 Incompetency or inefficiency in the performance of the duties of his/her position.

27.2.2.2 Insubordination (including, but not limited to, refusal to do assigned work).

27.2.2.3 Carelessness or negligence in the performance of duty or in the care or use of District property.

27.2.2.4 Taking of alcoholic beverages, narcotics, drugs, and/or medicines which affect the performance and quality of work.

27.2.2.5 Persistent violation or refusal to obey reasonable Safety Rules or Regulations made applicable to public schools by the Governing Board or by any appropriate State or local governmental agency.

27.2.2.6 Failure to maintain a certificate or license required by the job description.

27.2.3 Unsatisfactory personal conduct including, but not limited to:

27.2.3.1 Discourteous, abusive, or offensive conduct towards others.

27.2.3.2 Dishonesty.

27.2.3.3 Falsification of documents.

27.2.3.4 Altering of documents.

27.2.3.5 Theft or use without authorization of District property for personal gain.

27.2.3.6 Commission of act involving moral turpitude.

27.2.3.7 Commission or conviction of any criminal act, whether a misdemeanor or felony, which is detrimental or prejudicial to the public service. As used herein, “conviction” means a plea of guilty, a verdict of guilty, a finding of guilt by a court in a trial without a jury, or a plea of nolo contendere.

27.2.3.8 Use of drugs or alcohol in a manner affecting job performance.

27.2.3.9 Conviction of a sex offense as defined in Education Code Section 44010.

27.2.3.10 Offering of anything of value or offering any service exchange for special treatment in connection with the employee’s job or employment or the accepting of anything of value or any service in exchange for granting any special treatment to another employee or to any member of the public.

27.2.4 Other reasons such as:

27.2.4.1 Advocacy of overthrow of federal, state, or local government by force, violence, or other unlawful means.

27.2.4.2 Abandonment of position [absence without leave without sufficient explanation for three (3) consecutive workdays].

27.3 Procedures for Discipline of Permanent Unit Members

27.3.1 Confidentiality

All information or proceedings regarding any actual or proposed actions pursuant to this Article shall be kept confidential by the District unless the unit member involved chooses to make such action public, at which time the District’s obligation of confidentiality will cease. Such confidentiality shall not extend to persons employed or retained by the District in connection with the discipline proceedings nor to information which the District must disclose as required by law.

27.3.2 Timing

The District shall not initiate disciplinary action against permanent unit members for any cause alleged to have arisen prior to the unit member becoming permanent, nor for any cause alleged to have arisen more than two (2) years preceding the date that the District files the notice of cause, unless such cause was concealed or not disclosed by such unit member when it reasonably could be assumed that the unit member should have disclosed the facts to the District or unless such cause relates to falsification/ dishonesty regarding initial employment application information which is discovered at a later date.

27.3.3 Progressive Discipline

Except for prior similar conduct within a previous twenty-four (24) month period where the conduct giving rise to a cause for discipline could be remediated through progressive discipline, such discipline shall consist of some or all of the following, depending upon the seriousness of the conduct:

27.3.3.1 Conference(s) for counseling the unit member regarding expectations (assistance program) and consequences of non-compliance including, if appropriate, oral warning(s).

27.3.3.2 Written warning(s).

27.3.3.3 Written reprimand(s).

27.3.3.4 Suspension with or without pay.

27.3.4 Immediate Suspension With Pay

Upon receipt by the unit member’s supervisor of information which constitutes cause for discipline, the unit member will be provided an opportunity to meet with the supervisor to explain the circumstances of the allegations. If after a preliminary investigation of the circumstances it is determined that the unit member must be immediately removed from the work site in order to protect students, employees, or property, the unit member may be immediately suspended with pay.

27.3.5 Suspension Without Pay

Suspension without pay may be implemented for causes pursuant to Section 27.2 of this Article. The following procedure will apply:

27.3.5.1 The Supervisor will submit a written recommendation to the Superintendent/designee indicating the reason for the action.

27.3.5.2 The affected unit member will be provided an opportunity to meet with the Superintendent/designee in order to explain or rebut the allegations.

27.3.5.3 After an investigation of the matter, the Superintendent/designee will determine the action to be taken.

27.4 Procedure for Termination

27.4.1 Notice of Recommendation for Termination including a Statement of Charges shall be served upon the unit member initially. Service may be by personal service or by certified mail sent to the unit member’s most recent address as recorded in the unit member’s personnel file. The notice shall include:

27.4.1.1 A statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken, and, if it is claimed that a unit member has violated a rule or regulation of the District, such rule or regulation shall be set forth in said notice;

27.4.1.2 A statement of his/her right to a hearing on said charges and the time within which such hearing may be requested which shall be not less than ten (10) days after service of the notice;

27.4.1.3 A card or paper, the signing or filing of which shall constitute a demand for a hearing and a denial of all charges; and

27.4.1.4 Such notice shall at the same time be provided to the Association.

27.5 Termination Hearing

If the unit member requests a termination hearing before the Governing Board, the following shall apply:

27.5.1 The hearing shall be held in closed session.

27.5.2 The Board shall have the option of conducting the hearing or appointing an impartial hearing officer. Any cost incurred by the appointment of a hearing officer shall be borne by the District.

27.5.3 Oral evidence shall be taken only upon oath.

27.5.4 Witnesses may be called and cross-examined.

27.5.5 Any relevant, material evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any statute which might make improper the admission of such evidence over objection in civil actions.

27.5.6 Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

27.5.7 At the conclusion of the hearing, the Board shall deliberate or review any findings submitted by the impartial hearing officer in private. The Board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. The decision shall be transmitted in writing to the unit member.

27.6 General Provisions

27.6.1 Suspensions shall not be deemed appropriate in cases of incompetent job performance unless such incompetence could jeopardize the health, safety, and welfare of children.

27.6.2 The Association shall be afforded the right to represent the unit member at all stages of the disciplinary proceedings.

27.6.3 Suspensions without pay shall be subject to the review of the Board of Education.