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Administrative Regulation Discipline Procedures A.
Discipline is
defined as action by the District against an employee for an infraction of
District policies, rules, or regulations. Such action includes, but is not
limited to: 1.
suspension
without pay: 2.
demotion to a
lower class in which qualified; 3.
reduction of pay
step within class; and/or 4.
dismissal B.
Persons
Authorized to Impose Personnel Action The
Superintendent/President or his designee may impose personnel action against an
employee. C.
Causes for
disciplinary action against a permanent employee includes, but is not limited
to the following: 1.
Fraud in
securing or maintaining employment. 2.
Neglect of duty.
(i.e. failure to perform regularly assigned tasks and failure to follow
approved safety precautions.) 3.
Insubordination.
(i.e. refusal to perform an assigned task which is legal and does not
constitute a safety or health hazard to the employee.) 4.
Dishonesty.
(i.e. stealing, lying, fraud, theft, and falsifying record or reports.) 5.
Use or
possession of intoxicants or illegal drugs while on duty; or off-duty use which
impedes performance. 6.
Absence without
leave. 7.
Misuse of
District property. (i.e. abusive operation of equipment, deliberate destruction
or damage, unauthorized use, and removal of approved safety devices on
equipment.) 8.
Violation of any
of the prohibitions set forth in the Education Code or the California
Administrative Code, Title 5, and any violation of the policies or regulations
of the District or provisions of the collective bargaining agreement in effect. 9.
Conviction of a
felony or conviction of a misdemeanor involving moral turpitude. A plea or
verdict of guilty, or a conviction following a plea of nolo contendere, to a
charge of a felony or any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section. 10.
Misuse of sick
leave, including excessive or patterned absenteeism or tardiness. 11.
Sexual
harassment or abuse of students or employees. D.
Initiation
and Notification of Charges 1.
The
Superintendent/President may initiate discipline by filing a written action, as
defined in Board Policy and Administrative Regulation 4218 and 4218.1, with the
Board of Trustees against a permanent classified employee. E.
Right to Appeal 1.
The employee may
appeal the Recommendation for Personnel Action by filing, within five (5)
calendar days after receipt, the signed official notice for a hearing. 2.
Any other
written document signed and appropriately filed within the specified time limit
by the employee shall constitute a sufficient notice of appeal. 3.
Receipt by the
employee shall have been accomplished by deposit of the Recommendation for
Personnel Action in the U.S. Mail (registered/certified return receipt
requested), to the employees last known mailing address; in the event the
return receipt is not executed. 4.
A notice of
appeal is filed by delivering the notice of appeal to the
Superintendent/President’s office during normal work hours. The appeal may be
mailed to the Superintendent/President but must be received or postmarked no
later than the five (5) business days stated above. 5.
If the employee
does not file a notice of appeal within the time specified, the employee shall
have waived the right to appeal. The Board of Trustees may move to consider the
Recommendation for Personnel Action, and if found appropriate, order immediate
implementation of it. F.
Employment
Status Pending Appeal or Waiver 1.
Any employee,
against whom a Recommendation for Personnel Action has been issued, may
continue performing the duties of the position pending his/her appeal or waiver. 2.
However, in
cases where the Superintendent/President has determined that an employee should
be dismissed and that continuation of active duty after a Recommendation for
Personnel Action has been issued could result in a potential risk of harm to
students, employees, or District property while the proceedings are pending,
he/she may order the employee immediately suspended from active duty
with/without pay as defined in E. C. 88123. 3.
The suspension
order shall be in writing and include a statement of the reasons why suspension
in necessary. Any suspension order shall be served on the employee either
personally or by registered/ certified mail, return receipt requested to the
employee’s last known address, immediately after issuance. G.
Time Limit of Suspension Any
suspensions as a disciplinary action invoked under these rules against any
employee for reasonable cause shall not exceed thirty (30) days in any one (1)
incident nor accumulate more than ninety (90) calendar days in any twelve (12)
month period. This section does not preclude suspension as defined in E. C.
88123. H.
Amended/Supplemental
Charges 1.
At any time
before an employee’s request for hearing is submitted to the department head,
the Board of Trustees, or to a mediator for decision, the Superintendent/President
may, with the consent of the department head, the Board of Trustees, or a
mediator, serve on the employee and file with the Board of Trustees an amended
or supplemental Recommendation for Personnel Action. 2.
If the emended
or supplemental recommendation presents new causes or allegations, the employee
shall be afforded a reasonable opportunity to prepare his/her defense. Adopted: 5/20/91 |
