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Administrative
Regulation
Dismissal/Suspension/Disciplinary ActionApplication of Regulation This Administrative Regulation is applicable to all
classified administrators, confidential classified employees, and all other
unrepresented classified employees of the district. Notwithstanding anything therein, the
provisions of Administrative Regulations 4218 and 4218.1 shall have no
application to classified administrators, confidential classified employees,
and/or any other unrepresented classified employees of the district. Termination of Probationary Employment
At any time prior to the expiration of the probationary
period, the Governing Board may, at its discretion, dismiss a probationary
classified administrator, confidential classified employee, and/or any other
unrepresented classified employee of the district from district
employment. A probationary employee
shall not be entitled to a hearing. Involuntary Suspension Without
Pay, Demotion, Reduction of Pay Step in Class, or Dismissal of Permanent
Classified Administrators, Confidential Classified Employees, and All Other
Unrepresented Classified Employees of the District Permanent classified administrators, confidential classified
employees, and all other unrepresented classified employees of the district
shall be subject to disciplinary action only for cause. For purposes of this Administrative
Regulation, the term “disciplinary action” shall mean: suspension without pay, demotion to a lower
class in which qualified, reduction of pay step within class, and/or
dismissal. The Board's determination of
the sufficiency of the cause for disciplinary action shall be conclusive. 1. Causes In addition to any disqualifying or
actionable causes otherwise provided for by statute or by policy or regulation
of this district, each of the following constitutes cause for disciplinary
action against a permanent classified administrator, confidential classified
employee, and/or any other unrepresented classified employee of the district: a. Falsifying any information supplied to
the district, including, but not limited to, information supplied on
application forms, employment records, or any other district records. b. Incompetency. c. Inefficiency.
d.
Unsatisfactory
performance. e. Neglect of duty. f. Insubordination. g. Dishonesty.
h. Unprofessional
conduct i. Drinking alcoholic beverages while on
duty or in such close time proximity thereto as to cause any detrimental effect
upon the employee or upon employees/students associated with him/her. j. The unlawful use of controlled substances. k. Conviction of a felony, conviction of
any sex offense made relevant by provisions of law, or conviction of
misdemeanor which is of such a nature as to adversely affect the employee's
ability to perform the duties and responsibilities of his/her position. A plea or verdict of guilty, or a conviction
following a plea of nolo contendere is deemed to be a conviction within the
meaning of this section. l. Absence without leave. m. Immoral conduct. n. Discourteous treatment of the public,
students, or other employees. o. Improper political activity. p. Willful disobedience. q. Misuse of district property. r. Violation of district, Board, or
departmental rule, policy, or procedure. s. Failure to possess or keep in effect
any license, certificate, or other similar requirement specified in the
employee's class specification or otherwise necessary for the employee to
perform the duties of the position. t. Refusal to take and subscribe any oath
or affirmation which is required by law in connection with his/her employment. u. Physical or mental disability, which
disability precludes the employee from the proper performance of his/her duties
and responsibilities, with or without reasonable accommodation, except as
otherwise provided by law. v. Unlawful discrimination, including
harassment, on the basis of race, religious creed, color, national origin,
ancestry, physical or mental disability, marital status, sex, sexual
orientation, or age against the public, students, or other employees while
acting in the capacity of a district employee. w. Unlawful retaliation against any other
district officer or employee, student, or member of the public who, in good
faith, reports, discloses, divulges, or otherwise brings to the attention of
any appropriate authority any information relative to actual or suspected
violation of any law of this State or the
x. Misuse of sick
leave, including excessive or patterned absenteeism or tardiness.
y. Sexual
harassment or abuse of student, other employees, or members of the public.
z. Violation of
federal, state, or local law or regulation. aa. Any other failure of good behavior during
duty hours or related to district employment which is of such nature that it
causes discredit to the district or his/her employment. Except as provided by law, no
disciplinary action shall be taken for any cause which arose prior to the
employee's becoming permanent, nor for any cause which arose more than two
years preceding the date of the filing of the notice of cause unless such cause
was concealed or not disclosed by such employee when it could reasonably be
assumed that the employee should have disclosed the facts to the district. 2. Initiation
and Notification of Charges The district Superintendent or
designee may initiate a disciplinary action as defined herein against a
permanent classified administrator, confidential classified employee, and/or
any other unrepresented classified employee of the district. In all cases involving a
disciplinary action, the person initiating said action shall file a written
recommendation of disciplinary action with the Board. A copy of the recommendation shall be served
upon the employee either personally or by registered or certified mail, return receipt requested, at the employee's
last known address. The recommendation
shall include: a. A statement of the nature of the
disciplinary action (suspension without pay, demotion, reduction of pay step in
class, or dismissal). b. A statement of the cause or causes
therefor as set forth above. c. A statement of the specific acts or
omissions upon which the causes are based.
If violation of rule, policy, or regulation of the district is alleged,
the rule, policy, or regulation violated shall be set forth in the
recommendation. d. A statement of the employee's right to
a hearing the recommendation and the
manner and time within which his/her request for hearing must be filed. e. A card or paper, the signing and filing
of which shall constitute a demand for hearing and a denial of all charges. 3. Employment
Status Pending Hearing or Waiver Except as provided in this
Administrative Regulation, any employee against whom a recommendation of
disciplinary action has been issued shall remain on active duty status and
shall be responsible for fulfilling the duties of the position pending his/her
hearing or waiver thereof. In cases where authorized by the
California Education Code or other provisions of California law, the
Superintendent or designee may suspend a classified administrator, confidential
classified employee, and/or any other unrepresented classified employee of the
district without pay pending the administering of disciplinary procedures
pursuant to these Administrative Regulations. Except in cases of emergency where
the employee must be removed from the premises immediately, at least five
calendar days prior to the effective date of any order of suspension without
pay issued in conjunction with any recommendation of disciplinary action
involving dismissal, the Superintendent or designee shall give the employee
written notice of the proposed recommendation of disciplinary action of
dismissal including notice that immediate suspension without pay is being
considered, the reasons for the proposed dismissal action and for the proposed
immediate suspension without pay, materials upon which the proposed action is
based, and the right to respond either orally or in writing to the
Superintendent or designee prior to the issuance of the final recommendation
and order. 4. Administrative
Leave With Pay The Superintendent or designee may
place a permanent classified administrator, confidential classified employee,
and/or any other unrepresented classified employee of the district on administrative
leave with pay during any period in which the district is administering
disciplinary procedures pursuant to this Administrative Regulation with respect
to the employee or when the district is engaged in an investigation regarding
the employee's conduct which may or does give rise to implementation of
disciplinary action. 5. Right
to Hearing The employee may, within five
calendar days after receiving the recommendation of disciplinary action
described above, request a hearing by signing and filing the card or paper
included with the recommendation. Any
other written document signed and appropriately filed within the specified time
limit by the employee shall constitute a sufficient request for hearing. A request for hearing is filed only by
delivering the request to the office of the district Superintendent or designee
during normal work hours of that office.
A request for hearing may be mailed to the office of the Superintendent
or designee but must be received or postmarked no later than the time limit
stated herein. In cases where an order
of suspension without pay has been issued in conjunction with a recommendation
of disciplinary action involving dismissal, any request for hearing on the
recommendation shall also constitute a request for hearing on the suspension
order, and the necessity of the order shall be an issue at the hearing. If the employee against whom a
recommendation of disciplinary action has been filed fails to file a request
for hearing within the time specified in these rules, the employee shall be
deemed to have waived his/her right to a hearing, and the Board may order the
recommended disciplinary action into effect immediately. 6. Amended/Supplemental
Charges At any time before a recommendation
is finally submitted to the Board or to a hearing officer for decision, the
district may, with the consent of the Board or hearing officer, serve on the
employee and file with the Board an amended or supplemental recommendation of
disciplinary action. If the amended or supplemental recommendation
presents new causes or allegations, the employee shall be afforded a reasonable
opportunity to prepare his/her defense thereto. Any new causes or allegations shall
be deemed controverted and any objections to the amended or supplemental causes
or allegations may be made orally at the hearing and shall be noted in the
record. 7. Hearing
Procedures
a.
The
hearing shall be held at the earliest convenient date, taking into
consideration the established schedule of the Board or hearing officer and the
availability of counsel and witnesses.
The parties shall be notified of the time and place of the hearing. The employee shall be entitled to appear
personally, produce evidence, and have counsel and,
if demand is made
therefore when the Board is hearing the matter, a public hearing. The complainant may also be represented by
counsel. The statutes entitled
"Administrative Adjudication" commencing at Section 11500 of the
Government Code shall not be applicable to any such hearing before the Board or
a hearing officer. Neither the Board nor
a hearing officer shall be bound by rules of evidence used in
b.
All hearings
shall be heard by a hearing officer except in those cases where
c. If
the matter is heard by a hearing officer, he/she shall prepare a proposed
decision in such form that it may be adopted by the Board as the decision in
the case. A copy of the proposed
decision shall be received and filed by the Board and furnished to each party within
10 days after the proposed decision is filed by the Board. The Board may: (1) Adopt the proposed decision in its
entirety. (2) Reduce the disciplinary action set forth
therein and adopt the balance of the proposed decision. (3) Reject a proposed reduction in
disciplinary action, approve the disciplinary action sought by the district or
any lesser penalty, and adopt the balance of the proposed decision. (4) Reject the proposed decision in its
entirety.
d. If
the Board rejects the proposed decision in its entirety, each party shall be
notified of such action and the Board may decide the case upon the record
including the transcript, with or without the taking of additional evidence, or
refer the case to the same or another hearing officer to take additional
evidence. If the case is so assigned to
a hearing officer, he/she shall prepare a proposed decision as provided above,
based upon the additional evidence and the transcript and other papers which
are part of the record of the prior hearing.
A copy of such proposed decision shall be furnished to each party within
10 days after the proposed decision is filed by the Board.
e.
In
arriving at a decision or a proposed decision on the propriety of the proposed
disciplinary action, the Board or the hearing officer may consider the records
of any prior disciplinary action proceedings against the employee in which a
disciplinary action was ultimately sustained and any records contained in the
employee's personnel files if such records were introduced into evidence at the
hearing.
f. The
decision of the Board shall be in writing and shall contain findings of fact
and the disciplinary action approved, if any.
The findings may be stated in the language of the pleadings or with
reference thereto. 8. Hearing
Decision The decision of the Board shall be
certified to the district and shall be enforced and followed by the
district. A copy of the decision shall
be delivered to the employee or his/her designated representative personally or
by certified mail. The decision of the
Board shall be final. Adopted: 2/18/03 |